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09 02,03 2002 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Wednesday, September 2, 2020 5:30 p.m. and Thursday, September 3, 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: Request for Open Forum or DS Committee 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 in 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. **Wednesday, September 2, 2020** 2. Opening of Meeting: Page 1 of 1022 3. Agenda Approval: 6 - 18a) Motion to Approve the Agenda. \[Addenda\] 4. Disclosure of Pecuniary Interest: 5. Approval of Minutes: 19 - 30 a) Minutes of Development Services Committee meeting held on Tuesday, July 14, 2020. 6. Public Meetings: 31 - 81 a) 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, 1156 Ingram Sideroad and are described as Part of Lot 7, Concession 5 (Oro), 2020-ZBA-09 (Breen); and DS2020-78, Todd Weatherell, Intermediate Planner re: Consent 2020-B- 16 and Zoning By-law 2020-ZBA-09, Tim Breen, 1120 & 1156 Ingram Road \[Refer to Item 5b) 09 03 2020 Council Agenda\]. 82 - 99 b) 6:00 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, 3908 Line 13 North and are described as North Part of Lot 4, Concession 13 (Oro), 2020-ZBA-06 (Anderson). 100 - 115 c) 6:15 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, 2283 & 2309 Penetanguishene Road and are described as West Part of Lot 32, Concession 1 (Oro), 2020-ZBA-14 (Sheldrake). 116 - 227 d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Public Meeting for Proposed Amendments to the Official Plan and Zoning By-law of the Township of Oro-Medonte, 16 Taras Boulevard in the Hawkestone Rural Settlement Area and are described as being within Parts of Lots 23 & 24, Concession 11, in the former geographic Township of Oro, now in the Township of Oro-Medonte, County of Simcoe, 2020-OPA-01 & 2020-ZBA-10, (Ukrainian National Federation of Canada). 228 - 269 e) 6:45 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, Pt Lot 1, Concession 12 (Oro), municipally known as 1614 Ridge Road East, 2020-ZBA-13, (Johnwood Investment Inc.). 7. Public Hearings: Page 2 of 1022 270 - 305 a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: Consent Application 2020-B-18 by Mark & Patricia Hershey, 14 Barrie Terrace. 306 - 330 b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Consent Application 2020-B-19 by Michael and Kelly Foley, 46 Boyd Crescent. 331 - 358 c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Application 2020-B-20 by 555174 Ontario Ltd. (Broadmoor Homes), 2 Merrington Avenue. 359 - 394 d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Services re: Consent Applications 2020-B-21 and 2020-B-22 by Fraser McConney and Michele McConney, 170 and 184 15/16 Side Road East. 8. Public Meeting: 395 - 440 a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Public Meeting for a Proposed Draft Plan of Subdivision, Two (2) parcels within the Lake Simcoe Regional Airport Economic Employment District, located east of Line 7 North and described as Parts of Lots 18 & 19, Concession 8 (Oro), Township of Oro-Medonte being 225 and 401 Line 7 North, Application: 2020-SUB-01 Applicant: 2639025 Ontario Inc. 9. Reports of Municipal Officers: 441 - 460 a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-law Amendment Application 2019-ZBA-23 by Skyline Horseshoe Valley Inc., 1101 Horseshoe Valley Road West, Part of Lot 1, Concession 4 (Oro) Township of Oro-Medonte \[Refer to Item 5d) 09 03 2020 Council Agenda\]. 461 - 477 b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary Use Zoning By-law Application 2020-ZBA-11 by 2041063 Ontario Ltd., 5071 Highway 11 North \[Refer to Item 5a) 09 03 2020 Council Agenda\]. 478 - 489 c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application 2020- A-21, Brett and Valerie Gray, 1692 Horseshoe Valley Road West. 490 - 496 d) DS2020-79 Todd Weatherell, Intermediate Planner re: Removal of Holding (H) Provision 2020-ZBA-12 (David and Terry McPhee), 51 & 55 Line 14 South Township of Oro-Medonte. 497 - 546 e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Revision Application 2013-SUB-01 and Zoning By-law Amendment Application 2019- ZBA-19 by Eagles Rest Estates Inc., 1552 Bass Lake Sideroad West. \[Refer to Item 5c) 09 03 2020 Council Agenda\]. 547 - 555 f) DS2020-105, Derek Witlib, Manager, Planning Services re: Request for Extension of Draft Plan Approval by Oro-Medonte Estates Inc. for 43T-93022 (Forest Heights) \[to be distributed\]. 556 - 566 g) DS2020-106, Derek Witlib, Manager, Planning Services re: Request for Page 3 of 1022 Extension of Draft Plan Approval by Horseshoe Valley Lands Ltd. for 43-OM- 20001 (Horseshoe Ridge Ph. 4 and Future Development Lands) \[to be distributed\]. 567 - 575 h) DS2020-107, Derek Witlib, Manager, Planning Services re: Request for Extension of Draft Plan Approval by Horseshoe Valley Lands Ltd. for 43-OM- 93002 & 43-CD-93002 (Timber Ridge) \[to be distributed\]. 10. Motion to Recess and Reconvene on Thursday, September 3, 2020 at 5:30 p.m. 11. **Thursday, September 3, 2020** 12. Public Hearings: 576 - 609 a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2020-A-24, Brian and Heather Crate, 119 Moon Point Drive. 610 - 635 b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services re: Minor Variance Application 2020-A-25, Carol Squirrell, 94 Lakeshore Road East. 636 - 665 c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2020-A-26, Scott and Sharon Brooks, 785 Woodland Drive. 666 - 693 d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance Application 2020-A-27, Mark Cameron, 18 Cook Lane. 694 - 718 e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2020-A-28, Marion Joyce Logie and Roderick Arthur James Gordon, 1374 Moonstone Road West. 719 - 742 f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Application 2020-A-29, Greg Harris, 2292 Line 8 North. 743 - 769 g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2020-A-30, Mathieu Dupuis, 2021 Highway 11 North. 770 - 794 h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2020-A-31, Sheila and Dave Davies, Concession 9, West Part Lot 6, RP 51R65 (No municipal number assigned). 795 - 816 i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2020-A-32 by Nathan & Laura Wigston, 402 Line 3 South. 817 - 851 j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services re: Minor Variance Application 2020-A-33, Erik Montgomery & Ashley Davidson, 3 Crawford Street. 852 - 876 k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance Application 2020-A-34, Hugh Michael Thomas Murray, 9856 Highway 12. Page 4 of 1022 877 - 911 l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2020-A-35, Stephen and Lisa Hill, 2269 Lakeshore Road East. m) 7:40 p.m. Deferred to September 9, 2020 Council Meeting - re: Minor Variance Application 2020-A-36, James Taylor, 4885 Line 6 North. 912 - 934 n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2020-A-37 by Andy & Joan Hill, 20 Baycrest Drive, 2528 Old Barrie Road West. 935 - 953 o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance Application 2020-A-38, Gabriel Porges, 5 Goss Road. 954 - 971 p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance Application 2020-A-39, Patricia & Nicholas Grifoni, 27 Goss Road. 972 - 996 q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance Application 2020-A-40, Jane Watkins, 17 Nelson Street. 997 - r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance 1022 Application 2020-A-41, Corryn & Ryan Mounstephen, 3000 Line 3 North. 13. Next Meeting Date: Wednesday, October 7, 2020. 14. Adjournment: a) Motion to Adjourn. Page 5 of 1022 3.a) Motion to Approve the Agenda. From: Joan Shatilla <joan.shatilla@sympatico.ca> Sent: August 25, 2020 11:11 AM To: Weatherell, Todd <tweatherell@oro-medonte.ca> Cc: linda myles <linda.myles@bell.net>; Veitch, Ian <ian.veitch@oro-medonte.ca> Subject: Edgar rezoning 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. I see that the Eagles Rest development is going back to council. I was one of the participants by voice at the August meeting re the rezoning for the proposed development on the 2nd and 3rd holes of the old golf course. At that time, I voiced my strong recommendation that NO development be considered before we have updated the secondary plan for the Horseshoe settlement area. I feel just as strongly about this development. Regardless of how well it may be thought out, it is still a small piece of a much bigger puzzle, which MUST be addressed before the council should feel empowered to move forward. Please take this into consideration. I feel it is the most important thing this council can accomplish. Regards, Joan Shatilla 54 Highland Drive Oro Medonte Page 6 of 1022 3.a) Motion to Approve the Agenda. Page 7 of 1022 3.a) Motion to Approve the Agenda. not Page 8 of 1022 3.a) Motion to Approve the Agenda. September 1, 2008 Re: Eagles Rest Staff Report DS2020-082 Mayor Hughes: The subject staff report regarding Draft Plan Revision Application 2013-SUB-01 and Zoning By-law Amendment Application 2019-ZBA-19 by Eagles Rest Estates Inc. 1552 Bass Lake Sideroad West is of major concern to the Horseshoe Valley Property Owners Association. We are deeply concerned for the future of our community and this Staff Report is another example of how public input is not considered. This report recommends Council approve the revisions to the original subdivision plan without taking into consideration all of the valid concerns and objections expressed by the community the first time it came to Council. The revised submission for double the number of homes, less parkland and green-space and another street entrance on the already dangerous Line 3 North. How many more dangerous intersections are going to be built in Ward 1. Did the staff request accident reports or look any statistics from the OPP as part of their process? Why do the township staff continue to support the developers interests at the expense of the community and its interests? We respectfully request that Council reject this Staff Report for the same reasons you previously rejected it the first time it came before Council. Thank you, Linda Myles President HVPOA HVPOA 4 Highland Drive, Oro-Medonte, Ontario L0L 2L0 Page 9 of 1022 3.a) Motion to Approve the Agenda. Page 10 of 1022 3.a) Motion to Approve the Agenda. Fire Chief K. Hamilton Page 11 of 1022 3.a) Motion to Approve the Agenda. Council then met with Mr. L. Borgal and Mr. Kimble of Horseshoe Valley Limited Page 12 of 1022 3.a) Motion to Approve the Agenda. Page 13 of 1022 3.a) Motion to Approve the Agenda. The members of Council expressed concern over the long cuI- de-sacs and proposed emergency roads and discussed the possibility of having the existing homeowners serviced by the proposed sewage system and asked the Township Engineer investigate both of these with Horseshoe Valley That Council Approves in Principle the overall site plan for the Condominium Development in Horseshoe Valley as th submitted on December 16, 1992 Page 14 of 1022 3.a) Motion to Approve the Agenda. Gary Cunnington Page 15 of 1022 3.a) Motion to Approve the Agenda. Clerk, Darlene ShoebridgeAlso present: Graeme Clark, and Township Solicitor David White. Page 16 of 1022 3.a) Motion to Approve the Agenda. Page 17 of 1022 3.a) Motion to Approve the Agenda. Page 18 of 1022 5.a) Minutes of Development Services Committee meeting held on Tuesday, ... Page 19 of 1022 5.a) Minutes of Development Services Committee meeting held on Tuesday, ... Page 20 of 1022 5.a) Minutes of Development Services Committee meeting held on Tuesday, ... Page 21 of 1022 5.a) Minutes of Development Services Committee meeting held on Tuesday, ... Page 22 of 1022 5.a) Minutes of Development Services Committee meeting held on Tuesday, ... Page 23 of 1022 5.a) Minutes of Development Services Committee meeting held on Tuesday, ... Page 24 of 1022 5.a) Minutes of Development Services Committee meeting held on Tuesday, ... Page 25 of 1022 5.a) Minutes of Development Services Committee meeting held on Tuesday, ... Page 26 of 1022 5.a) Minutes of Development Services Committee meeting held on Tuesday, ... Page 27 of 1022 5.a) Minutes of Development Services Committee meeting held on Tuesday, ... Page 28 of 1022 5.a) Minutes of Development Services Committee meeting held on Tuesday, ... Page 29 of 1022 5.a) Minutes of Development Services Committee meeting held on Tuesday, ... Page 30 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Planning Act Page 31 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 32 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Kevin.Balkaran@HydroOne.com <Kevin.Balkaran@HydroOne.com> hƓ .ĻŷğƌŅ hŅ LandUsePlanning@HydroOne.com {ĻƓƷʹ Thursday, August 13, 2020 3:57 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Oro Medonte - 1120 and 1156 Ingram Road - 2020-B-16 Hello, We are in receipt of your Application for Consent, 2020-B-16 dated August 13, 2020. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. hǒƩ ƚƓƌǤ͵ For proposals a please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: http://www.hydroone.com/StormCenter3/ of the map Page 33 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, YĻǝźƓ .ğƌƉğƩğƓ University Co-Op Student, Real Estate Department 185 Clegg Road Markham, ON L6G 1B7 Kevin.Balkaran@HydroOne.com www.HydroOne.com Page 34 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, August 14, 2020 1:30 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Meeting (2020-ZBA-09) and Notice of Public Hearing (2020-B-16) Breen - Development Services Committee Meeting scheduled for September 02, 2020 Teresa Development Engineering has No Objection to the above noted Applications. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 35 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, August 14, 2020 2:05 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Meeting (2020-ZBA-09) and Notice of Public Hearing (2020-B-16) Breen - Development Services Committee Meeting scheduled for September 02, 2020 Teresa Operations will require a 15m x 15m daylight triangle at the north east corner of Line 4 North and Ingram Road. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 36 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Tuesday, August 18, 2020 12:50 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Meeting (2020-ZBA-09) and Notice of Public Hearing (2020-B-16) Breen - Development Services Committee Meeting scheduled for September 02, 2020 Good Afternoon Teresa, The school board has no comment on zoning by-law amendment application: 2020- ZBA-09 (Breen) or consent application: 2020-B-16. Kind Regards, Janet Porter Senior Planner Page 37 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Maggo, Ishan <Ishan.Maggo@simcoe.ca> {ĻƓƷʹ Thursday, August 20, 2020 4:55 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>; Planning <Planning@oro-medonte.ca> /ĭʹ Amadio, Dan <Dan.Amadio@simcoe.ca> {ǒĬƆĻĭƷʹ RE: County Comments (2020-ZBA-09) and (2020-B-16) Breen - Development Services Committee Meeting _ September 02, 2020_County File_OM-ZBA-2009 & OM-B-2006 Hi Teresa Falconi, Thank you for circulating the County a copy of the Notice of Public Meeting concerning a proposed Consent and Zoning By-law Amendment on lands municipally known as 1120 & 1156 Ingram Road in the Township of Oro-Medonte. County Planning staff understand that the applicant is proposing a severance of the subject lands which would result in an 11.46 hectare (28.3 acre) retained lot for an existing commercial (sawmill) use and a severed lot with an existing residential use of 4.71 ha (11.6 ac). Please note -con comments relating to the severance for the existing home and commercial sawmill use provided on March 10, 2020 remain applicable (see attached). County Planning staff also note that the application now proposes an additional severance separate from the request to sever off the existing home and commercial business. The applicants are now also requesting permission to re-create a residential lot (1120 Ingram Road) that they have advised has merged in common ownership. If the Township is satisfied that the lot, at 1120 Ingram Road had at one time a separate legal status or was a separate lot previously that might have merged in common ownership, then the County has no concerns or issues in the re-creation of this residential lot either by the way of Committee of Adjustment or through other legal avenues as appropriate. Additionally, the applicants are requesting to rezone the proposed 11.46 hectare (28.3 acre) retained lot from Agricultural/Rural (A/RU) Zone to the Economic Development (ED) Zone to permit the existing Saw and/Planning Mill. The County has no comments as it relates to the proposed zoning amendment. Thank you for consideration of these comments. Please circulate a copy of any future notices associated with these potential applications. If you have any questions or require further information, please do not hesitate to contact the undersigned at 705-726-9300 Ext.1157 or ishan.maggo@simcoe.ca Sincerely, Ishan Maggo AITP, M.Plan Planning Information Analyst County of Simcoe, Planning Department Phone: (705) 726-9300, extension - 1157 Email: Ishan.Maggo@simcoe.ca Web: www.simcoe.ca Page 38 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... March 10, 2020 ** VIA EMAIL** Derek Witlib Manager of Planning Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON L0L 2E0 Subject: County Comments Pre-Con Application Application No.: 2020-PCA-02 Location: 1156 Ingram Road Owner/Applicant: Breen Mr. Witlib, Thank you for circulating the County of Simcoe regarding the above-noted application. County Planning staff understand that the applicant is proposing a severance to facilitate the creation of one (1) new lot. The severance would result in an 11.46 hectare (28.3 acre) retained lot with an existing commercial (sawmill) use and a severed lot with an existing residential use of 4.71 ha (11.6 ac). Upon review of the application, County Planning staff would like to offer the following comments: Provincial Policy The Provincial Policy Statement (PPS) and Growth Plan for the Greater Golden Horseshoe identify the site as being part of the Natural Heritage System which shall be protected for the long-term. New development or site alteration shall be subject to natural heritage policies of the PPS and Growth Plan. Development and site alteration shall not be permitted in significant woodlands, significant wildlife habitat and significant areas of natural and scientific interest, amongst other key natural heritage features (Growth Plan Section 4.2.3). Further, the Growth Plan (Section 4.2.4) stipulates that on lands within 120 metres of a key natural heritage feature, development and site alteration will require a natural heritage evaluation which identifies a vegetation protection zone. As the County Official Plan (Section 3.8.14) stipulates that the local municipal official plan may contain policies and mapping that detail the criteria for determining significant woodlands, the County recommends that the Township be satisfied that the proposed consent is appropriate, and does not negatively impact key natural heritage features. The County recognizes that the residential and commercial uses already occur and no changes are proposed to the uses as part of this consent application. County of Simcoe The subject lands are designated Greenlands and Rural, within Schedule 5.1 Land Use Designations of the Simcoe County Official Plan (SCOP). The Rural designation occurs on a portion (0.4ha) of the lot proposed for severance, adjacent to the MTO Highway 400 corridor. The remainder of the property occurs within the Greenlands designation. The County tğŭĻ Њ ƚŅ Ќ Page 39 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Greenlands designation is due to locally identified significant woodlands and adjacent areas of natural and scientific The Greenlands designation permits the following: i. Agricultural uses; ii. Agriculture-related uses; iii. On-farm diversified uses; v. Forestry on private lands as permitted by the Forest Conservation Bylaw or by a tree bylaw under the Municipal Act, 2001; vi. Mineral aggregate operations, if approved through a local Official Plan amendment; vii. Outdoor passive recreational uses; and viii. Residential dwelling units on lots which were approved prior to the approval date of this policy (May 9, 2016). Legally existing uses within the Greenlands system will be recognized and can continue in accordance with Sections 3.3.15 and 4.11.6 of this Plan and the applicable policies of the local municipal official plan (SCOP 3.8.16). If the current uses on site are considered legally existing, then this policy deems them to be permitted uses for this site, despite being within the Greenlands designation. In accordance with SCOP policy 3.3.2, land division (including consent) is permitted only for policies. The existing uses are considered to be permitted for this site within the Greenlands designation (in accordance with above), and thus are uses for which a consent may be considered. One of the objectives of the Greenlands policies is to ensure the location, scale, and form of 3.8.7). Therefore it should be demonstrated that the severance (development) proposed can comply with this objective. Justification of this application should clearly address and satisfy this matter as part of a Planning Report and/or an Environmental Impact Study, as appropriate. Summary The County of Simcoe recognizes that a residential and commercial use already exist on the property and would not object to the proposed severance. Such an approval would be subject to demonstrating local consideration of natural heritage impacts are addressed, and that the . It is noted that future uses of the resulting properties may be limited by the County Official Plan policies, to legally existing uses and those as described above. tğŭĻ Ћ ƚŅ Ќ Page 40 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Thank you for consideration of these comments. Please circulate the County with any information arising from the pre-consultation meeting or notices of development for these lands. If you have any questions, please do not hesitate to contact our office. Sincerely, The Corporation of the County of Simcoe Logan Juffermans Planner II P: 705-726-9300 ext.1301 E: logan.juffermans@simcoe.ca cc: Dan Amadio, Manager of Planning County of Simcoe (By Email Only) tğŭĻ Ќ ƚŅ Ќ Page 41 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Akhtar, Usman (MTO) <Usman.Akhtar@ontario.ca> {ĻƓƷʹ Tuesday, August 25, 2020 2:26 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Witlib, Derek <dwitlib@oro-medonte.ca>; Dorton, Peter (MTO) <Peter.Dorton@ontario.ca>; Iannacito, Phil (MTO) <Phil.Iannacito@ontario.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Meeting (2020-ZBA-09) and Notice of Public Hearing (2020-B-16) Breen - Development Services Committee Meeting scheduled for September 02, 2020 Hi Teresa, I reviewed the proposal and have the following comments: No comments or concerns with the rezoning and severance. All access shall be off the municipal road(Ingram Road). Direct highway access is not permitted. All buildings, structures(e.g. septic bed/tank) and essential site features should be setback a minimum of 14m from the highway property line. Wells should be setback 30m from the highway property line. A MTO Building and Land Use permit is required prior to any on-site construction or re- development. Any signs visible from the highway require a MTO sign permit. For residential construction, a site plan and grading plan is required. Let me know if you have any questions or concerns. Thank you, Usman Page 42 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Report Report No. To: Prepared by: DS2020-078 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: Subject: Motion # September 2, 2020 Consent 2020-B-16 and _____________________ Zoning By-law 2020-ZBA-09 Roll #: R.M.S. File #: Tim Breen 4346-020-002-12150 D10-58131 1120 & 1156 Ingram Road 4346-020-002-05700 D14-58132 Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-078 be received and adopted. 2. That the Development Services Committee grant provisional consent to Consent Application 2020-B-16 for the creation of one (1) new residential lot, (1) new commercial lot, and (1) new residential lot created by a technical severance on lands located at 1120 and 1156 Ingram Road, subject to the following conditions: a) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; b) conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; c) That the applicant successfully apply to the municipality for a Zoning By-law Amendment to recognize the existing Saw/Planing Mill; d) That the Applicant transfer to The Corporation of the Township of Oro- encumbrances, a 15 metre by 15 metre daylighting triangle at the corner of Line 4 North and Ingram Road to the satisfaction of the Director, Operations and Community Services draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylighting triangle with Ingram Road and Line 4 North as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Development Services September 2, 2020 Report No. DS2020-078 Page 1of 15 Page 43 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. e) That the applicant dedicate to the Municipality a fee of $500 as a parkland contribution for each new lot created for industrial or commercial purposes 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. f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, h) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized). WARNING: Failing to fulfil the conditions within the above- noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 3. That Zoning By-law Application 2020-ZBA-09 by Tim Breen, specifically to rezone the retained lands from the Agricultural/Rural (A/RU) Zone to the Economic Development (ED) Zone to permit an existing Saw/Planing Mill for the property located at 1156 Ingram Road, Township of Oro-Medonte, be approved. 4. And that the applicant be decision under the Secretary- Background: The subject lands (1120 and 1156 Ingram Road) which were originally 2 lots but have merged in common ownership. 1156 Ingram Road has a total lot area of approximately 16.2 hectares (40.0 acres) and are located on the north side of Ingram Road and bounded by Highway 400 to the north. 1156 Ingram currently supports a single family dwelling, accessory structures and an existing saw/planing mill. 1120 Ingram Road is located to the east of 1156 Ingram Road and has a lot area of approximately 1.27 hectares (3.1 acres) and currently contains a single family dwelling and accessory structures. Surrounding land uses mostly consist of agricultural and wooded lands. Refer to Schedule 1 (Location Map) and Schedule 2 (Aerial Photo). The applicants propose to create a new lot by Consent for the purposes of separating an existing residence from an existing commercial operation as well as a technical severance to re-create a residential lot that merged in common ownership. Tseverance sketch is included as Schedule 3. The lands are proposed to be severed as follows: Development Services September 2, 2020 Report No. DS2020-078 Page 2of 15 Page 44 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Lands to be Lands to be Retained Lands to be re-created Severed (1156 (1156 Ingram Road): (1120 Ingram Road) Ingram Road): Frontage: Approx. 190.0 m Approx. 500.71 m Approx. 260.0 m (623.0 ft.) (1642.0 ft.) (853.0 ft.) Area: Approx. 4.71ha Approx. 11.46 ha Approx. 1.27 ha (11.6 ac) (28.31 ac) (3.13 ac) Use: Residential Saw/Planing Mill Residential A related Zoning By-Law Amendment Application (Application No. 2019-ZBA-09) has been submitted in conjunction with this Consent Application. The applicants have requested the following from Zoning By-law 97-95 for the purposes of a lot proposed to severed: To rezone the retained lands from the Agricultural/Rural (A/RU) Zone to the Economic Development (ED) Zone to recognize the existing Saw/Planing Mill. The applicants have submitted the following documents in support of their application: Planning Justification Report, MHBC, June 9, 2020. 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. In rural areas, the PPS permits limited residential development and other rural land uses. Section 1.1.5 Rural Lands In Municipalities contains policies for rural lands in municipalities on where to d is compatible with the rural landscape and can be sustained by rural service levels and rural residential land uses. Section 1.1.5.2 permits residential dwellings and lot creation that is locally appropriate on Rural Lands. Section 2.1 Natural Heritage contains policies concerning the long-term prosperity and protection of natural heritage features. The PPS prohibits development and site alteration on lands adjacent to significant wetlands unless the ecological function of the adjacent lands has been evaluated and has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions (Section 2.1.8). The submitted Planning Justification Report concludes that the applications for consent and zoning by-law are consistent with the Provincial Policy Statement (PPS) as no new Development Services September 2, 2020 Report No. DS2020-078 Page 3of 15 Page 45 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... development is to occur on the lands. The subject lands already contain dwelling units and accessory structures. s appear to be consistent with the PPS. Growth Plan for the Greater Golden Horseshoe (2019) The Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application as it provides provisions that allow for development to occur outside of settlement areas in site specific locations with approved designations. The subject Consent Application has been reviewed by Planning staff with respect to the Growth Plan policies. Section 2.2.9.3 development outside of settlement areas may be permitted in rural lands for: a) The management or use of resources; b) Resource-based recreational uses; and, c) Other rural land uses that are not appropriate in settlement areas provided they: i. Are compatible with the rural landscape and surrounding local land uses; ii. Will be sustained by rural service levels; and, iii. Will not adversely affect the protection of agricultural uses and other resource-based uses such as mineral aggregate operations. The Growth Plan policies, however, do not prohibit severances in agricultural and rural areas where such severances are consistent with the Provincial Policy Statement. Section 4.2.2 Natural Heritage System has also been reviewed by Planning staff with respect to the proposed Consent and Zoning By-law Amendment applications. The Natural Heritage System policies of the Growth Plan regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). The Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. However, it has been established that the adjacent Copeland Forest has a portion of significant woodland within the meaning of the Growth Plan. While an EIS was not completed as part of the application submitted, the submitted Planning Justification Report concludes that the uses on the severed and retained lands are existing and the application does not propose any new development or site alteration within 120 metres of the natural heritage feature. The submitted Planning Justification Report concludes that the applications for consent and Zoning By-law Amendment conform to the Growth Plan. Based on the above, it is Pla the applications appear to conform to the Growth Plan. Development Services September 2, 2020 Report No. DS2020-078 Page 4of 15 Page 46 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... County of Simcoe Official Plan Comments that were provided by the County of Simcoe during a pre-consultation The subject lands are designated Greenlands and Rural, within Schedule 5.1 Land Use Designations of the Simcoe County Official Plan (SCOP). The Rural designation occurs on a portion (0.4ha) of the lot proposed for severance, adjacent to the MTO Highway 400 corridor. The remainder of the property occurs within is due to locally identified significant woodlands and adjacent areas of natural and scientific interest i. Agricultural uses; ii. Agriculture-related uses; iii. On-farm diversified uses; vi. Mineral aggregate operations, if approved through a local Official Plan amendment; vii. Outdoor passive recreational uses; and viii. Residential dwelling units on lots which were approved prior to the approval date of this policy (May 9, 2016). Legally existing uses within the Greenlands system will be recognized and can continue in accordance with Sections 3.3.15 and 4.11.6 of this Plan and the applicable policies of the local municipal official plan (SCOP 3.8.16). If the current uses on site are considered legally existing, then this policy deems them to be permitted uses for this site, despite being within the Greenlands designation. In accordance with SCOP policy 3.3.2, land division (including consent) is permitted objectives or policies. The existing uses are considered to be permitted for this site within the Greenlands designation (in accordance with above), and thus are uses for which a consent may be considered. One of the objectives of the Greenlands policies is to ensure the location, scale, and system (SCOP 3.8.7). Therefore it should be demonstrated that the severance (development) proposed can comply with this objective. Justification of this application should clearly address and satisfy this matter as part of a Planning Report and/or an Environmental Impact Study, as appropriate. Summary The County of Simcoe recognizes that a residential and commercial use already exist on the property and would not object to the proposed severance. Such an approval would be subject to demonstrating local consideration of natural heritage impacts are compromised. It is noted that future uses of the resulting properties may be limited by the County Official Plan policies, to legally existing uses and those as described above. Development Services September 2, 2020 Report No. DS2020-078 Page 5of 15 Page 47 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... The County has been circulated the subject application comments have not been received as of the preparation of this report. The submitted Planning Justification Report concludes that the applications for consent and zoning by- law amendment conform to the County Official Plan. Based on the above, it is Planning le the applications appear to conform to the County Official Plan, . The County of Simcoe has been circulated this application and have provided that comments from the pre-consultation meeting are still applicable. Township of Oro-Medonte Official Plan The subject property is designated Rural in accordance . Section C2.2 of the designation, which include agricultural and single detached dwellings. Section B3 sets out the objectives within the Environmental Protection Two designation which is; a) protect environmentally sensitive areas from incompatible activities and uses that would have a negative impact on significant natural features and functions; b) maintain and enhance the ecological integrity of the natural heritage system; c) protect from incompatible development significant woodland features and wildlife habitat areas and the ecological functions they provide The uses permitted in the Environmental Protection Two designation shall be those permitted by the underlying designation provided the use conforms to the policies of this section. New development on lands within the Environmental Protection Two overlay designation is generally discouraged by this Plan. The development of any use in the Environmental Protection Two overlay designation that requires either an amendment to the Zoning By-law or to this Plan shall also be subject to the preparation of an Environmental Impact Study (EIS) and a Management Plan (MP). The development of lands that are located adjacent to the Environmental Protection Two overlay designation that require an amendment to the Zoning By-law or to this Plan may also be subject to an EIS and MP if the environmental feature is deemed to be sensitive to development on adjacent lands. Adjacent lands are defined as all lands within: a) 50 metres of a significant woodland; b) 120 metres from a wetland; c) 50 metres of any ANSI; d) 50 metres of any significant wildlife area; and, e) 30 metres of any fish spawning and nursery area. Development Services September 2, 2020 Report No. DS2020-078 Page 6of 15 Page 48 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... The EIS and MP required by this section must demonstrate, that the proposed development can occur without having a negative impact on the significant natural features and ecological functions of the area. The study requirements for an EIS and a MP are contained in Section B5.1.1. An EIS or MP were not submitted as part of the submitted applications as the applicants to not propose any new development or alteration on the subject lands. The underlying designation is Rural. The Rural designation objectives are; promote the rural character of the Township and the maintenance of the open countryside. To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. Section C2.3.1 speaks to the creation of new lots for residential purposes in the Rural designation. In accordance with the intent of this Plan to maintain the rural character of the Township, only a limited number of new lots for residential purposes can be created in the Township. In this regard, only one new lot can be severed from a lot in the Rural designation that has an area of at least 36 hectares or is the whole of an original Township lot provided a lot has not been severed from the parcel after March 26, 1973. In considering the creation of a new lot for residential purposes, the Committee of Adjustment shall be satisfied that the proposed lot: a) will have a minimum lot area of 0.4 hectares; b) is of an appropriate size for residential use, with such a residential use generally not requiring a lot size that exceeds 1.0 hectare; c) fronts onto an existing public road that is maintained year round by the Township or County; d) will not cause a traffic hazard as a result of its location on a curve or a hill; and, e) can be serviced with an appropriate water supply and an appropriate means of sewage disposal. Notwithstanding the above, a larger lot size may be considered for environmental or topographical reasons. The proposed severance will conform to all requirements other than the lands have an area of 36 hectares. Section D2.2.1 contain general criteria for lot creation (New lots by Consent) which has also been assessed. a) Fronts on and will be directly accessed by a public road that is maintained year round basis; Development Services September 2, 2020 Report No. DS2020-078 Page 7of 15 Page 49 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... The proposed severed and retained lands have frontage on Ingram Road which is a public roadway maintained year-round by the Township of Oro-Medonte. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; The properties will not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; The proposed applications would appear not to change the vehicle impact as the uses currently exists and no future development is proposed. 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 uses and dimensions of both the severed and retained lands would comply with the Agricultural/Rural (A/RU) Zoning provisions of Bylaw 97-95, as amended. e) Can be serviced with an appropriate water supply and means of sewage disposal; The retained lot is currently being serviced by private septic system and shares a drilled well with the dwelling located at 1156 Ingram Road. According to the applicants Planning Consultant there is enough space to accommodate a drilled well to service the saw/planning mill. Severed Lot 1 & 2 are currently serviced by an existing septic system and drilled well. f) Will not have a negative impact on the drainage patterns in the area; The severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; The retained lands if approved will be rezoned to the Economic Development (ED) zone which will recognize the saw/planing mill and will prohibit a residential use. h) Will not have a negative impact on the features and functions of any ecological feature in the area; The lands subject to the severance and zoning by-law amendment are already established and no future development or site alteration is proposed; therefore the natural heritage features will be protected. Development Services September 2, 2020 Report No. DS2020-078 Page 8of 15 Page 50 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... i) Will not have a negative impact on the quality and quantity of groundwater available for other uses inthe area; Planning staff is not aware of the existing uses of the lands having represented a significant threat to groundwater resources. Section D2.2.3speaks to Technical Severances within the Townshp. The creation of new lots to correct a situation where two or more lots have merged on title may be permitted, provided the Committee of Adjustment is satisfied that the new lot: a) was once a separate conveyable lot in accordance with the Planning Act; b) the merging of the lots was unintentional and was not merged as a requirement of a previous planning approval; c) is of the same shape and size as the lot which once existed as a separate conveyable lot; d) can be adequately serviced by on-site sewage and water systems; e) fronts on and will be directly accessed by a public road that is maintained year-round by a public authority; f) there is no public interest served by maintaining the property as a single conveyable parcel; g) conforms with Section D2.2.1 of this Plan; and, h) subject to the access policies of the relevant road authority. The proposed technical severance to re-create a lot that merged in common ownership would meet the policies of section D2.2.3. as the Township still assesses the lot as a separate lot and the boundary of the lot has not changed. Based on the above the applications would appear to conform to the Township of Oro- Medonte Official Plan. Township Zoning By-law 97-95 The subject lands are zoned Agricultural/Rural (A/RU) in the Townships Zoning By-law 97-95, as amended. The A/RU zone permits a single family dwelling per lot. The existing saw/planing mill would be considered a non-conforming use. The proposed zoning by-law amendment application if approved would properly zone the saw/planing mill in the Economic Development (ED) Zone. Development Services September 2, 2020 Report No. DS2020-078 Page 9of 15 Page 51 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... The proposed and retained lots would comply with the minimum lot area and frontage for both the A/RU and ED zone. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend 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: is relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Operations Division: Operations will require a 15m x 15m daylight triangle at the north east corner of Line 4 North and Ingram Road. Development Engineering: No objection. Hydro One: no comments or concerns. Simcoe County District School Board: no comments. County of Simcoe: If the Township is satisfied that the lot, at 1120 Ingram Road had at one time a separate legal status or was a separate lot previously that might have merged in common ownership, then the County has no concerns or issues in the re- creation of this residential lot either by the way of Committee of Adjustment or through other legal avenues as appropriate. Development Services September 2, 2020 Report No. DS2020-078 Page 10 of 15 Page 52 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Additionally, the applicants are requesting to rezone the proposed 11.46 hectare (28.3 acre) retained lot from Agricultural/Rural (A/RU) Zone to the Economic Development (ED) Zone to permit the existing Saw and/Planning Mill. The County has no comments as it relates to the proposed zoning amendment. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applican Schedule 4: Existing Zoning Map Schedule 5: Proposed Zoning Map Conclusion: at Consent Application 2020-B-16 be approved subject to the conditions outlined in the recommendations, and that Zoning By-law Application 2020-ZBA-09 proposing to rezone a portion (E to permit the saw/planing mill be approved on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2019, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Todd Weatherell, RPP, CPT Intermediate Planner Approvals: Date Andria Leigh, Director, Development Services August 28, 2020 Development Services September 2, 2020 Report No. DS2020-078 Page 11 of 15 Page 53 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Schedule 1: Location Map Development Services September 2, 2020 Report No. DS2020-078 Page 12 of 15 Page 54 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Schedule 2: Aerial Photo (2018) Development Services September 2, 2020 Report No. DS2020-078 Page 13 of 15 Page 55 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Development Services September 2, 2020 Report No. DS2020-078 Page 14 of 15 Page 56 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Schedule 4: Existing Zoning Schedule 5: Proposed Zoning Development Services September 2, 2020 Report No. DS2020-078 Page 15 of 15 Page 57 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Jonathan Pauk <jpauk@mhbcplan.com> {ĻƓƷʹ Wednesday, September 2, 2020 1:28 PM ƚʹ Teeter, Janette <jteeter@oro-medonte.ca> /ĭʹ Jamie Robinson <jrobinson@mhbcplan.com>; Weatherell, Todd <tweatherell@oro-medonte.ca> {ǒĬƆĻĭƷʹ Consent Application - 1156 Ingram Sideroad, Township of Oro-Medonte Good Afternoon Janette, This correspondence has been prepared in regards to the consent application submitted for the property located at 1156 Ingram Sideroad. In review of the recommended conditions of consent, I kindly request that Condition (e) be removed. Condition (e) included in Staff Report DS2020-078 reads: That the applicant dedicate to the Municipality a fee of $500 as a parkland contribution for each new lot created for industrial or commercial purposes 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. There is no new residential development proposed on the severed lots nor, the retained lot. The dwellings on severed lots are existing and the commercial sawmill business is also existing. The purpose of the proposed severance application is to separate the existing land uses and there is no increased density of development, or additional demand for parks/parkland as a result of this proposal. Please circulate this correspondence to the Committee members prior to the Public Meeting this evening. Thank you, Jonathan JONATHAN PAUKHBASc., MSc. | Planner MHBC Planning, Urban Design & Landscape Architecture 113 Collier Street | Barrie | ON | L4M 1H2 | T 705 728 0045 x 238 | F 705 728 2010 |jpauk@mhbcplan.com Page 58 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 59 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 60 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 61 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 62 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 63 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 64 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 65 of 1022 6.a) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... 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CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, August 14, 2020 11:38 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Meeting, 2020-ZBA-06 (Anderson) - Development Services Committee Meeting scheduled for September 02, 2020 Teresa Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 85 of 1022 6.b) 6:00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, August 14, 2020 2:02 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Meeting, 2020-ZBA-06 (Anderson) - Development Services Committee Meeting scheduled for September 02, 2020 Teresa Operations has no comments on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 86 of 1022 6.b) 6:00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ val hutchinson <val_hutch@hotmail.com> {ĻƓƷʹ Monday, August 17, 2020 6:30 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Zoning Bylaw Amendment, 2020-ZBA-06 ( Anderson ) August 17, 2020 Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario L0L 2E0 Attn: Andria Leigh, Director, Development Services Good afternoon Andria, I would like some information regarding the Amendment to Comprehensive Zoning Bylaw 97-95 of the Anderson property, 3908 Line 13 North and are described as North Part of Lot 4, Concession 13 ( Oro ) 1. are marked with arrows. There are five other areas marked in yellow, what do these other highlighted areas show? 2. Will this temporary dwelling be on the Warminster water system or private well? 3. Is this allowance strictly for only one dwelling for the 20 year term with no other future development permitted? Please advise Thank you Val Hutchinson Page 87 of 1022 6.b) 6:00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 12:01 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Meeting, 2020-ZBA-06 (Anderson) - Development Services Committee Meeting scheduled for September 02, 2020 Building Division has no comments at this time. Thank you! Garry McCartney Chief Building Official Township of Oro-Medonte Page 88 of 1022 6.b) 6:00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Tuesday, August 18, 2020 12:46 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Meeting, 2020-ZBA-06 (Anderson) - Development Services Committee Meeting scheduled for September 02, 2020 Good Afternoon Teresa, The school board has no comment on zoning by-law amendment application: 2020- ZBA-06 (Anderson) Kind Regards, Janet Porter Senior Planner Page 89 of 1022 6.b) 6:00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 90 of 1022 6.b) 6:00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 91 of 1022 6.b) 6:00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 92 of 1022 6.b) 6:00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 93 of 1022 6.b) 6:00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... 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CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, August 14, 2020 11:30 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Meeting, 2020-ZBA-14 (Sheldrake) - Development Services Committee Meeting scheduled for September 02, 2020 Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 102 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, August 14, 2020 1:59 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Meeting, 2020-ZBA-14 (Sheldrake) - Development Services Committee Meeting scheduled for September 02, 2020 Teresa Operations has no comments nor concerns with this application Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 103 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Tuesday, August 18, 2020 12:32 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Meeting, 2020-ZBA-14 (Sheldrake) - Development Services Committee Meeting scheduled for September 02, 2020 Good Afternoon Teresa, The school board has no comment on zoning by-law amendment 2020-ZBA-14 (Sheldrake). Kind Regards, Janet Porter Senior Planner Page 104 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 105 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 106 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 107 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 108 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 109 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 110 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 111 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 112 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 113 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 114 of 1022 6.c) 6:15 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 115 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 116 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 117 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 118 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 119 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 120 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 121 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 122 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Binka Cahute <binka@rogers.com> {ĻƓƷʹ Friday, August 14, 2020 10:16 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Trailer Park for Camp Sokil Good Morning, I understand that this project is currently in the public consultation phase and would like to express my opinion on this project. As a member of the Ukrainian National Federation and a life-long visitor to the facility, it is gratifying to see how the community works together, runs this gem, looks after the property and provides families a safe place to spend their summers. I have been a summer resident of the facility since 1965 and am all in favour of adding a 2nd Trailer park facility. The facility encourages cooperation, volunteerism, and family-safe activities. Thank you, Christine Cahute Page 123 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Yaroslaw Borys <slawko@borysgroup.ca> {ĻƓƷʹ Friday, August 14, 2020 9:58 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Applications: 2020-OPA-01 & 2020-ZBA-10 Good Morning, property in Hawkestone. I am a property owner in Hawkestone and my family has been a member of the Hawkestone community since 1960. We are very excited that the organization is continuing to develop community to experience the beauty of Oro-Medonte. I am fully supportive of these plans and wish them success in their efforts. I hope very much that the township looks favourably on this application. Regards Slawko Borys 484 Line 11. S. Page 124 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, August 14, 2020 2:36 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Receipt of Complete Application and Notice of Public Meeting - 2020-OPA-01 & 2020-ZBA-10 (Ukrainian National Federation) - Development Services Committee Meeting scheduled for September 02, 2020 Teresa Development Engineering has No Objection to the above noted Applications. A thorough Engineering Review shall be undertaken at the time of formal Submission for Design Approvals. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 125 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Bohdan Dolban <bohdan.dolban@sympatico.ca> {ĻƓƷʹ Monday, August 17, 2020 9:30 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Support of Trailer Park Expansion Camp Sokil, Hawkestone Ontario To whom this May Concern, I have been a supporter and member of Camp Sokil Property since 1975 and fully support the expansion project. This expansion is critical in sustaining the longevity of the organization by helping finance the organizational activities. When the project Is complete my wife and child will be enjoying facilities. The park will also support the community and businesses in the area. Appreciate you approving of this expansion. Bohdan Dolban Page 126 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 9:48 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Receipt of Complete Application and Notice of Public Meeting - 2020-OPA-01 & 2020-ZBA-10 (Ukrainian National Federation) - Development Services Committee Meeting scheduled for September 02, 2020 Teresa Operations will require that a 20.0m road allowance from the end of Sokil / Taras Blvd to the dead end of Kennedy St be dedicated to the Township. This connectivity link shall be constructed by the applicant as a requirement of the development. This road allowance is required for both operational and emergency services needs given the increase in density in the Hawkestone area. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 127 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Tuesday, August 18, 2020 2:44 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Receipt of Complete Application and Notice of Public Meeting - 2020-OPA-01 & 2020-ZBA-10 (Ukrainian National Federation) - Development Services Committee Meeting scheduled for September 02, 2020 Good Afternoon Teresa, The school board has no comment on official plan amendment application 2020-OPA- 01 or zoning by-law amendment application 2020-ZBA-10. Kind Regards, Janet Porter Senior Planner Page 128 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Township of Oro-Medonte, Planning Department August 19, 2020 Re: Proposed Amendment to Official Plan to permit expansion of seasonal campground in Hawkestone Submitted by: Bob Gregory 506 Line 11 S, Oro-Medonte. ON L0l 1T0 I have read the information related to the proposed zoning change and wish to identify some concerns as follows: A) Environment According to the President of the UNF, at a recent meeting, the expansion of the trailer campground will involve the removal of over 4000 trees. The location of the expanded campground is quite close to Lake Simcoe and consideration should be given to the impact on the lake. B) Traffic The traffic in and out of Camp Sokil is already at a high volume. The expanded campground will exacerbate this problem. In addition to the identified uses of the campground, this area is also used for numerous events as well as day pass users and summer camps. Many people with cottages near the campground have large gatherings during the summer which adds to the traffic issues. C) Water Supply The homes and cottages near the campground rely on a central water supply. If approved, the expanded trailer campground should be required to provide its own supply of water through a new well. Thank you for your consideration of these matters. Yours sincerely Bob Gregory 506 Line 11 S Oro-Medonte, ON. L0L 1T0 Ph: 705-487-7147 Page 129 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Kathy <kusia1@hotmail.com> {ĻƓƷʹ Wednesday, August 19, 2020 10:30 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Ukrainian Campground Expansion Support Township of Oro-Medonte 148 7 Line S. Oro, ON L0L 2X0 To Whom Ever it may Concern I am writing to you to express my families support for the UNF Camp Sokil Trailer Park Project and changes to zoning. I'm a long standing member of UNF and a frequent user of the Camp Sokil Property are growing up at the Camp Sokil property and are active participants in the summer camps. My husband and I made the decision to put our names for a spot in the new proposed trailer park so that our children can continue to take advantage of the beautiful grounds and to continue my family's long tradition of gathering with friends and neighbours at the UNF Camp Sokil Property. The property not only is a place to relax and swim but it is a place to learn and to grow. The summer camps that children attend give them the opportunity to be in nature and to learn valuable skills. Skills such as caring for nature, socializing, leadership, wilderness training, cooking, cleaning, hygiene, giving back to nature and your community are just some of the many valuable lessons and skills they learn while at camp. My family and I enjoy participating in Hawkestone community events as well. Every year we come for the Canada Day celebrations participating in the parade and at the town hall. The Oro-Medonte community is important to me and I am showing my children that it is important to support and be involved in this community. I ask that the community and council approve the proposed zone changes and move this project forward. Regards, Kathy Belej Page 130 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Lorne C. Wallace <wolfman@lwolf.com> {ĻƓƷʹ Thursday, August 20, 2020 4:12 PM ƚʹ Planning <Planning@oro-medonte.ca> /ĭʹ bernie.roth@c21.ca {ǒĬƆĻĭƷʹ Application 2020-OPA-01 & 2020-ZBA-10 Could my email address, wolfman@casalobo.cas address, bernie.roth@c21.ca, be added to any communication list for these applications? Our holding company, Blornie Holdings, is the owner of property at 567 Line 11 S and we would like to stay abreast of the progress of these applications. Thank you Lorne C. Wallace, Chairman Page 131 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: Karen Rebryk <krebryk@yahoo.ca> Sent: Tuesday, August 25, 2020 2:00 PM To: Planning <Planning@oro-medonte.ca> Subject: Applications: 2020-OPA-01 & 2020-ZBA-10 To Whom It May Concern, My name is Karen Rebryk and I am writing on behalf of my mother, Ann Rebryk, who is the the property owner at 12 Hlynka Place. She is a member of the Ukrainian National Federation and has been a frequent user of the Camp Sokil Property since it was established in 1959. Her husband, my father, was one the founding fathers of the Camp Sokil Property and, as such, it holds a a very special place in her heart. Four generations of the Rebryk family have been enjoying the property an her hope is that future generations will continue to do so as well, and that includes the new trailer park expansion. Thank you for your consideration in this matter. Very best regards, Karen Rebryk on behalf of Ann Rebryk Page 132 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 133 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 134 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: Karen Rebryk <krebryk@yahoo.ca> Sent: Tuesday, August 25, 2020 1:48 PM To: Planning <Planning@oro-medonte.ca> Subject: 2020-OPA-01 & 2020-ZBA-10 To Whom It May Concern, My name is Karen Rebryk and I am a member of the Ukrainian National Federation. I am a property tax payer at #14 Hlynka Place, and co-own the property at #12 Hlynka Place. My family and I have been using the Camp Sokil Property since it was first purchased in 1959. I have spent entire summers up here as a child, weekends as an adult, and now that I am finally retired, I am enjoying entire summers on the property once again. The fourth generation of my family is currently enjoying the property now as well. I strongly support the trailer park expansion and plan on becoming a future user of the seasonal trailer park when the cottage work becomes too difficult to manage. Thank you for considering my opinion in this matter. Very best regards, Karen Rebryk Page 135 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: kathy krzywucki <krzywucki@yahoo.com> Sent: Tuesday, August 25, 2020 3:07 PM To: Planning <Planning@oro-medonte.ca> Subject: Camp Sokil Property - rezone and expansion of trailer park To Whom It May Concern Please be advised that I am a member of Ukrainian National Federation and a frequent user of the Camp Sokil Property in Hawkestone ON. We understand that the application to rezone and expand the trailer park in our community has now been submitted and is in the public consultation phase. I would like to express my support for this project, my family has been coming to coming sokil for many year, our kids grew up here and we all love Camp Sokil. We are future users of the seasonal trailer park and would love this project to be approved so we can spend more time here and enjoy this beautiful place that teachers our kids about our heritage. We love the Oro-Medonte township community and would love to be seasonal part of this community. We truly hope for a positive outcome. Best Regards Kathy & Jerry Krzywucki Page 136 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Dear honorable Mayor Hughes and Council, proposed amendments to the official plan (2020-OPA-01), and zoning by-law (2020- ZBA-10). The purpose of this letter is not to provide support for or indicate a position against the proposed amendments. I have questions that need answers, and concerns that I feel need to be addressed about this project going forward. The first concern is regarding water supply to my home. I have been a full-time resident in Hawkestone for the past 21 years, and during this time the Ukrainian National Federation has supplied water to my property, as well as nearly 100 other properties within our subdivision. A single well on Shewchenko Rd. is currently used as a treated water source for not only the has 54 trailer sites. Every year in which I have lived in the community, the water service has been lost due to broken watermain, broken pumps, and/or demand outstripping the supply of water from the source. Recently, the Ukrainian National Federation began replacing watermain within the subdivision, however, water pressure remains very low during peak times in the day. adequate reservoir volume, and recharge capacity to meet demand at peak times in the day, especially on long weekends in the summer months. In the proposed amendments to the official plan and zoning by-law, I see no mention of how the Ukrainian National Federation plans to service the 56 new trailer sites with water. Question 1: How does the Ukrainian National Federation plan to service the proposed 56 lot trailer park with water? Question 2: If the proposed 56 lot trailer park is to draw water from the well on Shewchenko Rd., then is it possible for Mayor Hughes and council to request that the Ukrainian Nation Federation provide a current engineering report to indicate whether or not the system has adequate reservoir volume, and recharge capacity to service over 200 sites (100 lots in subdivision + 54 trailer sites + new 56 trailer sites) before making any decisions on the proposed amendments to the official plan and zoning by-laws? Page 137 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... My next concern is regarding the increase in noise and traffic in our community if 56 new trailer sites are added to the camp. Presently, there is only one way in and out of more easily handled if there was a second entrance/exit to the campgrounds. Question 3: Can Mayor Hughes and Council explore the possibility of a second entrance/exit to the Ukrainian National Federation campground at the end of Kennedy Ave., Oro Line 10? Splitting the volume of traffic to and from the camp between Oro lines 10 and 11 might alleviate noise associated with traffic. Speeding is also an issue in our community, especially on weekends with the influx of cottagers/campers from out of town. Speed bumps that could be removed for the winter months could help to slow traffic in the summer months. Question 4: If this project is to go forward, then could Mayor Hughes and Council explore the possibility of adding speed bumps along Oro line 11S (between Shewchenko Rd and Franko St.), Shewchenko Rd. (between Oro line 11S and Sokil Blvd., Sokil Blvd. (between Shewchenko Rd. and Franko St.), and Franko St. (between Oro line 11S and Sokil Blvd.)? I would like to thank Mayor Hughes and Council for taking the time to address my questions and concerns. Sincerely, Mike Milliard 4 Shewchenko Rd. Oro-Medonte, ON L0L 1T0 Page 138 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Richard Moore <richmoore6910@gmail.com> {ĻƓƷʹ Wednesday, August 26, 2020 8:59 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ UNF property expansion UNF is currently in the process of upgrading their water distribution system to allow for this expansion. The problem is that they are charging the property owners for this upgrade above the costs of the supply for water. Above the property tax we pay to the township of Oro-Medonte, we are being charged additionally a significant amount to help cover the costs for their infrastructure upgrade. It will now cost me roughly 5-6000$ a year to live in a house that I have purchased without agreeing to member costs or any affiliation with the campgrounds at Sokil. Am opposing this expansion as there is already a significant amount of vehicular traffic on the 11th line due to Covid restrictions at public beaches and having the pier on the lake. Regards Richard Moore Site Supervisor Page 139 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Tanya moukhin <tanyamoukhin@yahoo.ca> {ĻƓƷʹ Tuesday, August 25, 2020 10:54 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Camp Sokil Trailer Park Hello there, As a member if the Ukrainian National Federation, our family loves visiting Camp Sokil in Hawkstone and we do so weekly during the summer months. Coming to the camp and spending a day by the lake and enjoying the company of our friends and family is the highlight of our summer. We are looking forward to becoming a seasonal member of the Oro-Medonte community once we attain our spot in the trailer park and can enjoy longer stays at Camp Sokil! Kind Regards, Tanya and Vlad Moukhin Page 140 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Volodya Strouk <strouk@rogers.com> {ĻƓƷʹ Tuesday, August 25, 2020 9:01 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Camp Sokil Good day My name is Volodya Strouk and I am very happy of the extension of a new trailer park camp Sokil .Which myself and my family were using since 1997.I hope it will be finished next year. I support this project 100%. Thank you for supporting camp Sokil and the new trailer park. V.Strouk Page 141 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Jakobi, Michelle <mjakobi@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 25, 2020 2:41 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>; Witlib, Derek <dwitlib@oro-medonte.ca> {ǒĬƆĻĭƷʹ FW: Notice of Receipt of Complete Application and Notice of Public Meeting - 2020-OPA-01 & 2020-ZBA-10 (Ukrainian National Federation) - Development Services Committee Meeting scheduled for September 02, 2020 As the site and development area is serviced privately, Environmental Services has no comments with respect to the applications. Servicing will continue to be provided privately with water/wastewater infrastructure subject to Provincial regulation through the Ministry of Environment, Conservation and Parks. Sincerely, Michelle Jakobi Manager, Environmental Services Township of Oro-Medonte Page 142 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 26, 2020 3:49 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Receipt of Complete Application and Notice of Public Meeting - 2020-OPA-01 & 2020-ZBA-10 (Ukrainian National Federation) - Development Services Committee Meeting scheduled for September 02, 2020 Building Division has no comments at this time. Thank you Garry McCartney Chief Building Official Township of Oro-Medonte Page 143 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ George Wodoslawsky <gwodos@gmail.com> {ĻƓƷʹ Wednesday, August 26, 2020 4:31 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Support for the trailer project at Camp Sokil. As a property owner/resident (13 Sokil Blvd) in the area, I fully support the expansion of the trailer park at Camp Sokil. With the fifty or so trailers there , it will mean increased economic value to not only the UNF but to the town of Hawkestone, especially the General Store and the Auto service garage. George Wodoslawsky Page 144 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 145 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: james de wet <jamesdewet85@yahoo.com> Sent: August 27, 2020 5:45 PM To: Planning <Planning@oro-medonte.ca> Subject: Camp Sokil trailer park expansion Hawkstone To Whom It May Concern, My name is James de Wet I am a member of UNF and I am blessed to be coming to this beautiful community for the last 40 years, raising my family and enjoying the wonderful summers here, supporting many local businesses ( just bought my third trailer from the property and the expansion should be approved. Regards James de Wet Page 146 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ marta chyczij <mchyczij@yahoo.com> {ĻƓƷʹ Thursday, August 27, 2020 10:38 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ UNF Application 2020-OPA-01 & 2020-ZBA-10 Dear Members of: Council; Development Services Committee; and Planning Division As a member of UNF, and permanent resident of Hawkestone, within Oro-Medonte Township, neighbouring the Camp Sokil Property, I am writing in support of the aforementioned application. We feel that the Camp Sokil Property is integral to UNF members, and expansion of a seasonal trailer park will allow a greater number of our members to become regular seasonal users of the property, and by extension become part of the larger Hawkestone and Oro-Medonte community. We fully support the project and anticipate the councils approval of this application. Kind Regards, Marta Chyczij 6 Hlynka Place, Oro-Medonte, ON, L0L1T0 Page 147 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Mike Fik <fik.mike@gmail.com> {ĻƓƷʹ Thursday, August 27, 2020 12:48 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Support for Camp Sokil Rezoning Application Hello Oro-Medonte Planning Department, My family are the property owners of 3 Shewchenko Crescent located off Line 11 in Hawkestone. My parents, siblings, cousins, aunts, uncles and friends are UNF members and have been frequent users of the Camp Sokil property for the past 30+ years. The camp is extremely important to us. We attended the camp as children. We spend our weekends and summer vacations on the property. Last June, my wife and I were married in the chapel on the property. I would like to express my support for the Camp Sokil Rezoning application for the trailer park expansion. Upon completion the expansion would provide much-needed seasonal shelter for property users. The Camp Sokil community is eager to continue as an essential part of the Oro-Medonte township community. If required please feel free to contact me on any news or further developments regarding the application. Best Regards, Michael Fik Page 148 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ nadia owen <nadiaeowen@rogers.com> {ĻƓƷʹ August 27, 2020 5:37 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ UNF Camp Sokil Trailer Park extension I'd like to express my support for the expansion of the trailer park at the Camp Sokil property I own property in Oro-Medonte, I am a member of the UNF and I daily use the Camp Sokil property. Camp Sokil is an essential component of my enjoyment of the Oro-Medonte township community. Nadia Owen 14 Mazepa Place Oro-Medonte Page 149 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ olga marcus <omarcus4@yahoo.ca> {ĻƓƷʹ August 27, 2020 10:20 PM ƚʹ Planning <Planning@oro-medonte.ca> /ĭʹ kattailz@rogers.com; ollieleschuk@gmail.com {ǒĬƆĻĭƷʹ Applications: 2020-OPA-01 & 2020-ZBA-10 / Applicant: Ukrainian National Federation of Canada To the township of Oro-Medonte, I am a member of the Ukrainian National Federation of Canada and understand that a town hall meeting will be taking place on Sept 2, 2020. I am asking that you consider favourably to the changes to the trailer park and allowing a few more families to enjoy what I have been since the late 1960's. My father was the man who introduced me to Hawkestone as a young girl. He fell in love with the land and Lake Simcoe and the quiet peaceful community the park is set in. I then grew up, had children of my own and they now have children. My four children grew up by the lake every summer and now the fourth generation is also experiencing the joy of the area. I attended music camp at Camp Sokil, as a teenager which is when I truly learned the importance of enjoying the countryside. Coming from the city of Toronto, this place has always been my little oasis from the hectic life of the city. It would be a wonderful thing to allow other families who have wanted to be a part of the Oro-Medonte township, in the summer time, to enjoy the beautiful surroundings that I have had the great pleasure to appreciate for so many years. I respectfully ask that you please consider allowing this dream and plan to come to fruition. Best regards, Olga Marcus Page 150 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Renata Brelik <renatabrelik@hotmail.com> {ĻƓƷʹ August 27, 2020 10:18 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Expansion of seasonal trailer campground To Whom It May Concern: I would like to express my support for this project. I am member of the UNF and I am frequent user of the Camp Sokil Property and I really support this project. I would love to be future user of the seasonal trailer park and this will be very important to my family. I would also love to be seasonal part of the Oro-Medonte township community. Regards, Renata Brelik Page 151 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: Chris <chrismas0809@gmail.com> Sent: Saturday, August 29, 2020 9:49 AM To: Planning <Planning@oro-medonte.ca> Subject: Trailer Park Expansion in Hawkestone I am a member of the Ukrainian community at Camp Sokil in Hawkestone. I support the building of the new trailer park. My family and I have been a part of the wonderful Sokil community for 60 years. I would like other members of UNF to have the opportunity to live here in the new trailer park. Christine Masney Page 152 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Cindy <cperry4health@rogers.com> {ĻƓƷʹ Saturday, August 29, 2020 11:21 AM ƚʹ Planning <Planning@oro-medonte.ca> /ĭʹ George Wodoslawsky <gwodos@gmail.com>; Bob Gregory <gregorybob@yahoo.com>; Andrei Jmourko <a.jmourko@gmail.com> {ǒĬƆĻĭƷʹ concerns re: application 2020-OPA-01 & 2020-ZBA-10 Dear Planning Personnel; I am a 20 (approx.) year permanent resident and homeowner of lot#5 in the Hawkestone Rural Settlement area and reside on the main road used to access the UNF seasonal trailer campground. (i.e. Franko Street) The following submission outlines my concerns to the proposed amendments to the Official Plan and Zoning By-law: 1-Although our water pipes are gradually being replaced (expected to be complete by end of 2022) and are expected to increase water pressure, the addition of 56 additional trailers will place significantly increased demand for water and associated costs, pressure, wear and tear associated with our shared well/pumphouse/infrastructure. 2-Late spring, summer and fall already comes with significant impact on our local motor, recreational vehicle and foot traffic, increased noise, some safety concerns, litter and general environmental pollution. area for ½ of each year will negatively impact quality of life and peacefulness for my neighbours and family. 3-At this concerned this proposed zoning change for the may result in similar changes to our community th and infrastructure at the other end of Franko St./bottom of the 11 line of Oro. Thank you for considering my concerns for the September 2, 2020 meeting and associated decisions. Respectfully, Cindy F. Perry Page 153 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: Eugene <eugenemisko@sympatico.ca> Sent: Sunday, August 30, 2020 3:34 PM To: Planning <Planning@oro-medonte.ca> Subject: Support For Camp Sokil Rezoning Application To: Oro-Medonte Planning Division Hi, My family are the property and cottage owners at 12 and 14 Hlynka Place in Hawkestone. We are UNF members and have been using the facilities on the Camp Sokil property for about 60 years. The area is very important to us because of not only have an outdoor chapel for church services during the summer months. I would like to express my support for the rezoning application for the trailer park expansion. Upon completion it would provide additional and important revenue not only for our community but yours in the surrounding area. We not only support the local Hawkestone businesses but use the local services required to run our facility. Over the years, we as a family have always been eager to spend about 8 months of the year being part of the Oro-Medonte community. Regards, Eugene Misko Page 154 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Ihor Bilyk <ihorbilyk@hotmail.ca> {ĻƓƷʹ Saturday, August 29, 2020 6:36 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Applications: 2020-OPA-01 & 2020-ZBA-10 Applicant: Ukrainian National Federation of Canada Hello, I am writing this to inform that I am a member of the UNF and a frequent user of the Camp Sokil Property. -OPA-01 & 2020-ZBA-10 Applicant: Ukrainian I am a future user of the seasonal trailer park. The importance of the camp to me and my family is very significant. I certainly would like to be a seasonal part of the Oro-Medonte township community. Best regards, Ihor Bilyk 404-30 Allanhurst Dr. Toronto, ON M9A 4J8 Page 155 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: Natalie Semehen <nsemehen@gmail.com> Sent: Saturday, August 29, 2020 7:57 PM To: Planning <Planning@oro-medonte.ca> Subject: New Trailer Park Support To Whom it May Concern: I am writing in support of the New Trailer Park in Camp Sokil. I along with my family have been long time members of UNF and have a home in the to get trailers and be able to spend time up here together with their children and families. Camp Sokil is very important to me-this is where I have spent my summers for the last 60 years and hope to spend many more. I am in total support of this new trailer park facility. Respectfully, Natalka Semehen Page 156 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Township of Oro Medonte August 30, 2020 Re: Application 2020-OPA-01 and 2020-ZBA-10 to Official Plan and Zoning by-law 97-95 From: Christopher and Catherine Gunnell 391 Line 11 South Oro Medonte L0L1T0 Having previously lived in the busy cities of London and Barrie Ontario, we moved to Hawkestone in 1983. We chose this small, quaint village to raise our family in a safe, quiet environment with a good sense of belonging and community. In In the intervening years, new construction, resident population, social, and business development; particularly the installation of the LCBO outlet; have resulted in excessive vehicular traffic on Line 11. We feel the increase of both amount and unregulated traffic speed has significantly altered the level of daily activity, road safely and noise experienced by all residents in the village, especially those living on Line 11. We feel that the proposed expansion to double the size of the current campground would produce degradation of the recently repaired Line 11 roadway by heavy equipment during the construction phase and further increase the quantity of traffic and road/ pedestrian safety once operational. In addition we have ongoing environmental concerns regarding groundwater usage, impact on adjacent Lake Simcoe and finally the clearing of forest resources Therefore we will register opposition to the proposed amendment. Christopher Gunnell Catherine Gunnell Page 157 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Iris Sopinka {ĻƓƷʹ August 30, 2020 8:55 PM ƚʹ planning@oromedonte.ca <planning@oromedonte.ca> {ǒĬƆĻĭƷʹ Trailer Park Expansion at Camp Sokil Dear Planning Committee. My name is Iris Sopinka and I am writing to you on behalf of the UNF Committee that has applied to rezone and expand the trailer park at the Camp Sokil Property in Hawkstone, Ontario. I have been a member of this organization for thirty-two years and the Camp Sokil Property is an important part of my family's life. My children went to summer camp there when they were growing up and as parents we stayed in a room on the property sharing washrooms and a kitchen. With the trailer park expansion, we would have our own facilities in the trailer and we would be able to enjoy the beautiful surroundings for the whole summer season. We support this project whole-heartedly and hope that it will be approved on September 2, 2020. This trailer park will allow us to participate more in the camp's festivities as well as in Oro-Medonte's community events. We are looking forward to being a part of the Hawkestone seasonal community. Thank-you for your consideration. Sincerely, Iris Sopinka Page 158 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ johnpidko johnpidko <johnpidko@sympatico.ca> {ĻƓƷʹ Monday, August 31, 2020 2:06 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ re Applications 2020-OPA-01 and 2020-ZBA-10 Re Applications 2020-OPA-01 and 2020-ZBA-10 by Ukrainian National Federation of Canada To: Development Services Committee, Township of Oro-Medonte I am writing in support of the above applications to rezone the UNF Camp Sokil property and expand the trailer park. I am a long-time member of the UNF and have been going to the camp property seasonally since 1972. Fellow members and friends, and possibly family would be future users of the trailer park. The camp is a great summer gathering place for generations of friends and family in a safe surrounding and community atmosphere. I may wish to return to the camp community for the season again after occasional visits over recent years and become part of the Oro-Medonte township community. Mary Pidkowich, Past National President, Ukrainian National Federation of Canada Page 159 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 160 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 161 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Orysia Swyszcz <oswyszcz@hotmail.com> {ĻƓƷʹ Monday, August 31, 2020 10:45 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Expansion of UNF new trailer park in Oro-Medonte township Dear Ms./Sir I hope you andyourfamily aredoing well We are writing to you to express our support for the expansion of the new UNF trailer park in your beautiful township. My husband and I are members of the UNF and we are frequent user of the Camp Sokil Property, we feel it is important to let you know that we support the expansion of the new UNF trailer part. We are looking forward to be able to use the new seasonal trailer park. The expansion of the trailer park will allow our family to have seasonal trailer in the new UNF trailer park, and enjoy all that Camp Sokil has to offer our family; fresh air, swimming, country walks.... We are looking forward to being a seasonal part of the Oro-Medonte township community. Thank you for taking the time to read our letter of support for the expansion of the new UNF trailer park in your beautiful township. Orysia Swyszcz and Ihor Skotar Page 162 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: Deborah Legassie <dlegassie51@gmail.com> Sent: Monday, August 31, 2020 12:19 PM To: Planning <Planning@oro-medonte.ca> Subject: Proposed Amendments to the Official Plan (2020-OPA-01) and Zoning By-law (2020-ZBA-10) Dear honorable Mayor Hughes and Council, ts to the official plan (2020-OPA-01), and zoning by-law (2020-ZBA-10). The intention of this letter is to neither provide support or opposition to the proposed amendments listed above, but rather to submit our questions and to indicate our apprehension with regard to the proposed rezoning and the addition of 56 additional trailer sites to the 54 We relocated to our current address, 2 Shewchenko Road during the summer of 2009, at that time we intended to retire in the next few years and Hawkestone seemed like the perfect location. We are now retired and are full time residents; during our 11 years as residents the Ukrainian National Federation has supplied water to our property, as well as nearly 100 other properties within our subdivision, along with the many miscellaneous structures in the park and trailers in the campground. A single well on Shewchenko Rd. is currently used as a treated water supply for not only the 100 lots in the subdivision, but additionally there are 5 cabins, a lodge, numerous washrooms, and the office, kitchen and medical building along with the 54 trailer sites currently located in the park that share that water supply. During our nine years as residents of the community the water system has been extremely unstable. Water service has been lost on many, many occasions due to broken water mains, broken pumps, and/or the requirement surpassing the supply of water available from the well. During the past year the Ukrainian National Federation began replacing the water mains within the subdivision, yet the water pressure remains very low during peak times in the day. We are eservoir volume, and recharge capacity to meet demand at peak times in the day, particularly on weekends in the summer months. In the proposed amendments to the official plan and zoning by-law, there does not appear to be any documentation as to how the Ukrainian National Federation plans to service the 56 new trailer sites with water. Question 1: How does the Ukrainian National Federation plan to provide the proposed 56 lot trailer park with water? Page 163 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Question 2: If the additional 56 trailer lots to be added to the park are going to obtain water from the well on Shewchenko Rd., could Mayor Hughes and council request that the Ukrainian Nation Federation provide a up-to-date engineering report to indicate whether or not the system has adequate reservoir volume, and recharge capacity to service to over 200 sites (100 lots in subdivision + 54 trailer sites + new 56 trailer sites in addition to other miscellaneous water services provided in the park) before rendering any decisions on the proposed amendments to the official plan and zoning by-laws? In addition, we are very concerned about the increase in noise and traffic in our community if 56 new trailer sites are added to the camp. Currently, there is only one way in and out of the campground, during the summer months we see a considerable increase in traffic and speeding th along the 11 line and Shewchenko Road, a further increase in traffic might be more easily managed if there was an additional entrance/exit to the park and campgrounds. Question 3: Could Mayor Hughes and Council investigate the possibility of a second entrance/exit to the campground and park at the end of Kennedy Ave., Oro Line 10? Dividing the volume of traffic to and from the camp between Oro lines 10 and 11 might help to alleviate noise associated with the volume of traffic. Speeding is also an issue in our community, especially in the summer and on weekends with the addition of cottagers and campers who are not full time residents. Speed bumps might be a solution that would result in a slowing of traffic. Question 4: Could Mayor Hughes and Council explore the possibility of adding speed bumps along Oro line 11S (between Mill St. and Franko St.), Shewchenko Rd. (between Oro line 11S and Sokil Blvd., Sokil Blvd. (between Shewchenko Rd. and Franko St.), and Franko St. (between Oro line 11S and Sokil Blvd.)? Thank you, Mayor Hughes and Council for taking the time to address our questions and concerns. Best regards, Richard & Deborah Legassie 2 Shewchenko Rd. Oro-Medonte, ON L0L 1T0 Page 164 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... -----Original Message----- From: Glenn <gstringer.email@gmail.com> Sent: Tuesday, September 1, 2020 11:34 AM To: Agenda comment <Agendacomment@oro-medonte.ca> Subject: APPLICATIONS: 2020-OPA-01 and 2020-ZBA-10 UKRAINIAN NATIONAL FEDERATION OF CANADA 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. Mayor, Deputy Mayor, Councillors and Staff. Thank you for giving us this opportunity to give input/comments on the proposed amendments to the Official Plan and Zoning By-law as laid out in Applications 2020-OPA-01 and 2020-ZBA-10, the Applicant being the Ukrainian National Federation of Canada. We object to any change/amendment to the Township of Oro-Medonte Official Plan and Comprehensive Zoning By-law 97-95, under Sections 22 and 34 of the Planning Act, R.S.O. 1990 c. P.13 pertaining to these applications (2020-OPA-01 and 2020-ZBA-10). We are Glenn and Wendy Stringer. We live at 39 Pugsley Lane (for 25 years) and own property at 44 and 66 Pugsley Lane which is adjacent to the property to which part of the zoning amendments pertains to. We will share our comments and observations in two parts. Part 1-Expansion of an existing 54 site seasonal trailer campground by adding 56 additional trailer sites. In order to achieve this, the property in question would have to be rezoned. Why we object to this expansion. -the operators of this camp are unable to control/supervise and manage the capacity of people at this time. 56 additional trailer sites will not help the capacity problem. -these trailer sites will be the same as having 56 additional short term rentals being rented out daily or weekly. -there are currently 4 cabins and a motel that are rented out daily/weekly and seasonal. -the property waterfront (beach) is already overrun with unsafe boating traffic and if any of the 56 additional site renters bring a boat??? -the increased noise to all hours -the increased water usage -the increase of trespassers -the increase of garbage -the 4000 trees that will be cut down -the increase of additional transient short term people in this area (we already have seen an increase of traffic and people to the Hawkestone Municipal dock and beach plus the 30+ yachts from Friday Harbour mooring in the bay). Page 165 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Part 2-The rezoning of Open Space zoning to Private Recreational Exception. Why we object to the proposed amendment to rezone the lands from Agricultural/Rural Exception One (A/RU *1)to Private Recreational Exception ## (PR*##). -this by-law exception only allows for a maximum of 54 trailer sites and we feel that at the time of this exception there were reasons why staff set a maximum of 54. What are the reasons? -by rezoning this land to Private Recreational Exception ##, what would be the permitted uses? Why we object to the proposed amendment to rezone the lands from Agricultural/Rural Exception 15 (A/RU*15) to Private Recreational Exception ## (PR*##). -this by-law exception prevents any additional uses. The only uses that existed on the effective date of this By-law are permitted on these lands denoted by the symbol *15. -would the proposed amendment allow additional uses? What could these uses be? Why we object to the proposed amendment to rezone the lands from Open Space (OS) to Private Recreational Exception ##. -Open Space (OS) zone generally applies to lands used for park purposes, Private Recreational (PR) zone generally applies to lands that are the site of a privaterecreational facility such as a ski hill or a golf course. -the additional uses for lands zoned Private Recreational (PR) are... Bed and Breakfast establishments, Cross country ski facilities, Downhill ski facilities, golf courses, mountain bike facilities and private clubs. -in the table of uses there is no mention of Sewage Treatment and Storm water management for PR lands? -what are the implications of changing OS zoned land to PR to the surrounding neighbours? -does this allow for expansionof Motel, additional cabins and additional camping? We notice that INNOVATIVE PLANNING SOLUTIONS drawings have not captured the entire lands of the Subject Lands as indicated by the Location Map on the Notice of Receipt. Is the proposed amendment to rezone all the Subject Lands or just the lands indicated by INNOVATIVE PLANNING SOLUTIONS drawings? We thank you for your time and consideration. Glenn and Wendy Stringer Page 166 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... 39 Pugsley Lane Oro Medonte L0L1T0 7054876203 -- This email has been checked for viruses by AVG. https://www.avg.com ________________________ This email was scanned by Bitdefender Page 167 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Alex Prisiazhny <alexander.prisiazhny@gmail.com> {ĻƓƷʹ Monday, August 31, 2020 10:22 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Camp Sokil To whom this may Concern, As a member of the Ukrainian Canadian federation and a frequent visitor to Camp Sokil in the Oro Medonote area. We fully support this idea of a trailer park on the grounds. Many families such as ours goes away on a weekend and would love to stay longer but unfortunately do not have a place and would be idea if any other trailer park was built to accommodate all the people. The resultwould be satisfaction and endless memories to many family for years to come. As do hope the township can come together to complete this project, we look forward to working together. Thanks, Alex Page 168 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ michelle iwaniura <miwaniura@gmail.com> {ĻƓƷʹ Monday, August 31, 2020 11:48 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Camp Sokil Project Hi there, I am a member of the UNF and the Camp Sokil Project. I strongly support the trailer park project that has been in negotiations. I will be a member of this trailer park community and hope to pass on generations of traditions through this park. This campground is extremely important to our heritage and the connectedness of our community. We would love to be one with the Oro- Medonte township community. We hope you would consider allowing us to grow within and be a part of your lovely community. Thank you, Iwaniura family Page 169 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ AA FLOORS & MORE LTD. <bestfloor@yahoo.com> {ĻƓƷʹ Monday, August 31, 2020 10:12 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Camp Cokil al trailer park 3)That very importance of the camp to me and my family -Medonte township community. Page 170 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: Andrew B <getabugiel@gmail.com> Sent: Tuesday, September 1, 2020 10:41 AM To: Planning <Planning@oro-medonte.ca> Subject: Sokil trailer park expansion. Dear Counselors, I am a member of the UNF and a frequent user and strong supporter of the Camp Sokil Property and I am support this project. I will be a future user of the seasonal trailer park. This camp is very important for the future of my children and my family. I am desire to be a seasonal part of the Oro-Medonte township local community. Thank you Andrew Bugiel Page 171 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Christine Robus <christinerobus@rogers.com> {ĻƓƷʹ Monday, August 31, 2020 6:46 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Application for amendments meeting We are writing this letter in response to the letter we received dated August 12, 2020 regarding the application 2020-OPA-01 & 2020-ZBA-10 fromApplicant Ukrainian Federation of Canada. We have spent some time looking into some of the meanings of what the current zoning terms mean and cannot find some of the definitions referred to in this letter.So we have listed below our understanding alongwith our questions regarding this application. We understand that the campground area would like to be increased in size by 56 more sites, will these sites be open to the public for rental or are they to be permanent private sites available only throughthe Federation?What is the definition of "seasonal recreational"?If these sites are private permanent are they available all year long, basically bringing in another 56 families to the community? Along with this there is a plan to replace the sewage treatment system.Our question here is that as residents who has been levied witha charge for the Sewage System Maintenance Program as identified from the Lake Simcoe Conservation Authority that we have met all requirements ensuring no damage to the environment from our single family home and septic system , what are the requirements in this situation where there will now be 110 single family's along with as stated any other buildings in need attached to this system.Has this met withthe Lake Simcoe Authorities approval?,or any other environmental agency (Ministry) to ensure that it is no impact on the environment?Has there been an environmental study done? Moving onto Part B.We are wondering what the changes being requested are about.As stated we have tried to find some of the descriptions for the zones but have found it very confusing.Our question is what are the changes needed for.Will these changes allow for development, are the current zones restrictive due to environmental preservation?Will these changes bring about commercial development?Will there be an increase in residential development?Again we are asking if there has been an environmental study completed to ensure this is a productive change to the area'scurrent zone designation? These are a few of our questions and possibly once we have some clarification and understanding of the different terms and zones along with the explanation of the need for the change, we might have more. Thank you for your time and consideration regarding this inquiry. Christine Robus Steve Milburn 4 Charlotte Ave Page 172 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Debra Skippari <pndskippari@gmail.com> {ĻƓƷʹ Tuesday, September 1, 2020 8:12 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Applicant: Ukrainian National Federation of Canada We live at 3 Charlotte Avenue, Oro-Medonte which backs on to the Ukrainian camp lands.We have received a copy of the Notice of Complete Applications. We are neither in favour of nor opposed to the changes proposed as of today's date based on the information that I have at hand. My understanding is that the changes to the lands will be closer to the rail trail and not directly behind us. Three concerns: With the new proposed septic bed area as outlined in the Conceptual Site plan, what will be the impact to the water table?This land is already very wet at the back of and behind our property. There is bush between our property at 3 Charlotte Ave and the existing garage buildings on the Ukrianian lands. We want this bush to remain untouched and the land undisturbed as outlined in the Conceptual Site plan. With the proposed increase of 56 trailer sites as outlined on the Conceptual Site plan bringing the trailer sites to a total of 110 sites, how will noise control be handled. At present with 54 sites, the noise level has been extreme onoccasion and the noise bylaw of 11 pm has not been adhered to.This is to be addressed how? Debra & Paul Skippari Page 173 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Gina Slusarczyk <gina.slusarczyk@gmail.com> {ĻƓƷʹ Tuesday, September 1, 2020 5:37 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Applications 2020-OPA-01 & 2020-ZBA-10 Dear Sirs, As a long time member of Ukrainian National Federation of Canada, I and my family fully support project initiated a few years ago by UNF. For twentyyears we are renting a cabin on the ground of UNF and this year presented itself as a exceptional opportunity to spend weekends out of town. Having possibility to move to new trailer park would be a great improvement in our summer leisure time. It is important to us as well being part of Oro-Medonte Township community events. Sincerely yours, Genevieve Slusarczyk. Page 174 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ anna karenina <halynasworld@yahoo.com> {ĻƓƷʹ Tuesday, September 1, 2020 11:03 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: rezone and expand Camp Sokol Property Dear Counselors, I am a member of the UNF and a frequent user and strong supporter of the Camp Sokil Property and I am support this project. I am are a future user of the seasonal trailer park. This camp is very important for the future of my children and my family. I am desire to be a seasonal part of the Oro-Medonte township local community. Thank you. Sincerely, Halyna Dymchuk Page 175 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 176 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: Mark Keller <markokeller@icloud.com> Sent: Tuesday, September 1, 2020 7:58 AM To: Planning <Planning@oro-medonte.ca> Subject: Camp Sokil To Whom it may concern, I am a UNF member for many years , I have been going up to camp Sokil since I was a child. . I was so happy that they announced that they are adding a new trailer park , I put my name on the list right away . I enjoy going to camp Sokil, the beautiful surroundings, the people that become family.. Mark Keller Page 177 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ hƌĻƓğ /ǩƚĬƚƷ ѡƚƌĻƓğ͵ƭźƭƷĻƩθŭƒğźƌ͵ĭƚƒѢ {ĻƓƷʹ ǒĻƭķğǤͲ {ĻƦƷĻƒĬĻƩ ЊͲ ЋЉЋЉ ЊЋʹЊЍ ta ƚʹ tƌğƓƓźƓŭ ѡtƌğƓƓźƓŭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ IğǞƉƭƷƚƓĻ {ƚƉźƌ /ğƒƦ Dear Counselors, My family and I are members of the UNF, we arefrequent and future users of the Camp Sokil Property, and strongly supportthe project to expandthe trailer park . This camp is important to us for many years, as we have close family and friends, we love thenature in and around the Simcoe Lake, and we always volunteer to clean up and take care of the environment together with the Sokilcommunity. We hope be a seasonal part of the Oro-Medonte township community. Thank you for your time. Sincerely, Marta Czobot and family Page 178 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ PAUL SHERIDAN <paul_sheridan@rogers.com> {ĻƓƷʹ Tuesday, September 1, 2020 8:38 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Application for amendments meeting 2020-OPA-01 & 2020-ZBA-10 Subject:Application for amendments meeting We are writing this letter in response to the letter we received dated August 12, 2020 regarding the application 2020-OPA-01 & 2020-ZBA-10 from Applicant Ukrainian Federation of Canada. We have spent some time looking into some of the meanings of what the current zoning terms mean and cannot find some of the definitions referred to in this letter.So we have listed below our understanding along with our questions regarding this application. We understand that the campground area would like to be increased in size by 56 more sites, Why? Along with this there is a plan to replace the sewage treatment system. Our question here is; that as residents who has been levied witha charge for the Sewage System Maintenance Program as identified from the Lake Simcoe Conservation Authority that we have met all requirements ensuring no damage to the environment from our single family home and septic system. What are the requirements in this situation where there will now be 110 home sites along with, as stated any other buildings in need attached to this system. Has this met with the Lake Simcoe Authorities approval....or will it be? ( or any other environmental agency /Ministry... to ensure that it has no impact on the surrounding environment?Has there or will there be an environmental study done? Part B. We arewondering what the changes being requested are about.As stated we have tried to find some of the descriptions for the zones but have found it very confusing.Our question is what are the changes needed for.Will these changes allow for development, are the current zones restrictive due to environmental preservation?Will these changes bring about commercial development?Will there be an increase in residential development?Again we are asking if there has been an environmental study completed to ensure this is a productive change to the area'scurrent zone designation? On going concerns and questions. Current water 'run-off'.From our vantage point.....water run-off currently goes through our property into the forest area (which is killing offthis green space....essentially creating a new 'wet-land' area). While destructive and a nuisance....it is now habitat to various creatures (amphibians / reptiles / mammals) that most certainly under threat if significant changes were to occur. Increasedresidents the 'camp' would ultimately result in increased vehicle traffic and changes to access the campground could impact neighborhoods negatively. What are the proposed changes in zoning for?Could that impact the forest area adjacent to Charlotte Ave. & Myrtle Ave? ( this area has significantspecie at risk...(trees)....Butternut....Black Walnut....Eastern Hophornbeam and other mature trees. (includes Sugar Maple -Red Oak -Swamp White Oak -White Ash ) Page 179 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Will increases in camp residents affect 'water supply'.....as all adjacent residents have water supplied by wells....will changes adversely cause potential problems? Certainly more information is needed and hopefully will be forthcoming. Communication is important. Currently, there a great deal of current full-time residents of the Simcoeside & Hawkestone neighborhoods that have no idea of the proposed changes. Thanks in advance for reviewing our concerns. Maureen & Paul Sheridan 7 Charlotte Ave. Page 180 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: wavesong1@rogers.com <wavesong1@rogers.com> Sent: Tuesday, September 1, 2020 2:38 PM To: Planning <Planning@oro-medonte.ca> Subject: Submission regarding Applications 2020-OPA-01 and 2020 ZBA-10 Attention Andria Leigh, Director, Development Services Mayor, Deputy Mayor, Councillors and Staff, We appreciate this opportunity to present our concerns regarding the proposed amendments to the Official Plan and Zoning By-Law Application 2020-OPA-01 and 2020-ZBA-10. We have enjoyed living in the Hawkestone Community for 26 years and have many concerns and questions about the proposed changes to both the Official Plan and Zoning by-laws being applied for by the Ukrainian National Federation of Canada. 1.What are the environmental concerns of cutting down hundreds of trees so close to a lake already under siege? Does this follow guidelines for the health of Lake Simcoe? 2.When the Official Plan was originally drawn up it was deemed in the best interests of the Hawkestone Community and it has served us well through the years. What has now occurred that makes these changes necessary? Will we be better as a Community with 56 more trailer units housing possibly 100 -450 people adding to already increased traffic and noise pollution? As an example, the Hawkestone Dock has been and is currently well used and enjoyed by our Ukrainian Federation long time neighbours. The water traffic from the Dock to their Beach (swimmers, floaters, paddlers etc.) can be very busy. With substantial jet ski and boat traffic we have witnessed many close calls this summer. Hundreds more in the area would only add to safety concerns. 3.What are future implications of changing zoning from A/RU 1 and A/RU 15 and OS zones to PRXX and EP? In addition to doubling the trailer sites why would the Federation wish to ask for these changes? What else does this allow them to do in the future? 4.What could be the implications of adding increased water usage to our community water table/ artesian wells? 5.A new septic system is only a good thing if it can handlethe increase sewage of hundreds more. Will it? Until we have satisfactory answers to these questions we must object to any changes or amendments to 2020-OPA-01 and 2020-ZBA-10. Page 181 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Thank you for your time and your consideration of these most important decisions regarding our community. Ross Phillips and Brenda Harris 598 Line 11 South Oro-Medonte, Ontario Page 182 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Roxanne Zalucky <roxanne.zalucky@gmail.com> {ĻƓƷʹ Tuesday, September 1, 2020 7:53 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Support for the New Trailer Park at Camp Sokil Dear Oro-Medonte Planning Team, I strongly support the New Trailer Park at the Camp Sokil Property. I am a member of the UNF and a frequent user of the Camp Sokil Property. The property is beautiful and an important part of my life and the life of my family. It has brought the opportunity for us to really enjoy our time together and also while being outdoors. Camp Sokil is working on this. I have a one year old Theo and he absolutely loves spending time at the Camp Sokil property. He loves floating in Lake Simcoe with me and now that I look forward to being a seasonal part of the Oro-Medonte township community. Thank you for reading my email! Best regards, Roxanne Zalucky Page 183 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ ğƷźğƓğ tƩźƭźğƷ ѡƷğƷźğƓğƦƩźƭźğƷθŭƒğźƌ͵ĭƚƒѢ {ĻƓƷʹ ǒĻƭķğǤͲ {ĻƦƷĻƒĬĻƩ ЊͲ ЋЉЋЉ ЌʹЎЌ ta ƚʹ tƌğƓƓźƓŭ ѡtƌğƓƓźƓŭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ {ǒƦƦƚƩƷźƓŭ ƷŷĻ /ğƒƦ {ƚƉźƌ ƩğźƌĻƩ tğƩƉ Hello, I am writing in support for the trailer park to rezone and expand the trailer park in the township of Oro-Medonte. I am a member of the UNF (Ukrainian National Federation) and a frequent user of the Camp Sokil Property. I am a future user of the seasonal trailer park and am excited at the prospect of having a seasonal trailer at Camp Sokil This camp is very important to me and my family. It is a place for people to come together and reunite, build new friendships, and enjoy celebrating Ukrainian culture and traditions. My daughter has been attending summer camp at Camp Sokil for the past five years and I have been visiting for over two decades. I am interested in being a seasonal part of the Oro-Medonte township community and contributing to the local community and economy. Thank you! Page 184 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: timpierce@rogers.com <timpierce@rogers.com> Sent: Tuesday, September 1, 2020 9:31 PM To: Planning <Planning@oro-medonte.ca> Subject: Ukrainian trailer park expansion -Applications: 2020-OPA-01 & 2020-ZBA-10 To Oro-Medonte Planning, We as permanent residents of the UNF subdivision for the past 20 + years are not in favour of the proposal brought forward by the Ukrainian National Federation under application 2020-OPA-01 & 2020-ZBA-10 for the following reasons: -we already have traffic problems with seasonal residents that have been flagged to authorities on multiple occasions. -the Ukrainian Federation holds annual celebrations at their campground such as Ivana kupala which draws in visitors from out of town that disrespect home owners community, our speed limits, environment (litter) and overall safety of our community. This will increase dramatically with the addition of 56 trailers. After reviewing the proposed plan, we also see some major issues with what they are planning. One would be that our current water system is already stressed with the current number of subdivision lots in addition to the 54 trailer park lots. For the last ten years we have had multiple issues with the water reserve running dry when seasonal residents come up and with the influx of massive homes being build it has strained the system even more. It was never designed to support 4500sqft homes with 5 bathrooms. We have addressed issues multiple times with the UNF over the water system and its inability to supply the original 100 lots and 54 trailers with a good water supply. The UNF has continued to open up additional lots in the subdivision without making sure the system is adequate. Only now the UNF has been making system upgrades because it was always repaired half hazardly and we were running into issues with being left with no water for multiple days. Another issue with their plan is the placement of their septic system. There is a stream that runs down the west side of the existing trailer park and right through the proposed septic system. We also have a secondary well that feeds our water system in that area. As folks continue to move into the UNF subdivision and grow their families the addition of the 56 trailers will only feed to the speeding, littering and shear lack of respect for the area. The township should also ask for an engineers report on our water system to ensure it can handle the strain of an additional 56 trailers and not leave the permanent residents without water. Sincerely Tim and Shelley Pierce Page 185 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Vitaliy Plumber <dyoma626@gmail.com> {ĻƓƷʹ Tuesday, September 1, 2020 10:22 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re rezone and expand Camp Sokil Property Dear Counselors, I am a member of the UNF and a frequent user and strong supporter of the Camp Sokil Property and I am support this project. I am are a future user of the seasonal trailer park. This camp is very important for the future of my children and my family. I am desire to be a seasonal part of the Oro-Medonte township local community. Thank you Vitaliy Dymchuk Page 186 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ ƭƷğƭŷЊЊЎθŭƒğźƌ͵ĭƚƒ ѡƭƷğƭŷЊЊЎθŭƒğźƌ͵ĭƚƒѢ {ĻƓƷʹ ǒĻƭķğǤͲ {ĻƦƷĻƒĬĻƩ ЊͲ ЋЉЋЉ БʹЉЎ ta ƚʹ tƌğƓƓźƓŭ ѡtƌğƓƓźƓŭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ To The Township of Oro-Medonte, I am a UNF member and a long time resident of Camp Sokil. My grandparents where one of the first settlers on the property and began building, the year I was born, 1966. I've spend my formative years each summer at the camp and have been so fortunate to forge wonderful friendships with members, neighbours and guests throughout the years. There is no greater joy of community that I and my family have experienced than we've had in the last 50+ years. I write today so that I can show my overwhelming support for the new trailer camp area. The addition of the area will allow new generations of members to continue to forge strong relationships with the not only the property members but also with the surroundingcommunity of Oro-Medonte. As I enter into my middle age yesrs I take particular pride and happiness in passing these experiences and opportunities to my children who have continued the tradition,.They have extensive friendships with both cottages and the trailer owners and look forward to welcoming even more of their friends to the new area, once approved. I am one of hundreds who have such wonderful memories, situated on a property that pales in beauty to almost any other cottage community in Central Ontario. I once again passionately urge you to allow the construction to continue. We have the land, the investors and the members to continue to add to the prosperity of the township and the greater area at large. Sincerely, Y Stasiw 4 Hkynka Pl., Hawkestone, Ontario Page 187 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ YǒǩƒƚǞźĭǩͲ 5ĻƩĻƉ Λ5͵Μ ѡķƉǒǩƒƚǞźθŅƚƩķ͵ĭƚƒѢ {ĻƓƷʹ ǒĻƭķğǤͲ {ĻƦƷĻƒĬĻƩ ЊͲ ЋЉЋЉ ЊЉʹЊА ta ƚʹ tƌğƓƓźƓŭ ѡtƌğƓƓźƓŭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ wĻʹ wĻǩƚƓźƓŭ ğƓķ ĻǣƦğƓƭźƚƓ ƚŅ ƷŷĻ /ğƒƚ {ƚƉźƌ ƷƩğźƌĻƩ ƦğƩƉ ğƷ IğǞƉƭƷƚƓ 5ĻğƩ /ƚǒƓĭźƌƚƩƭ Ͳ aǤ ƓğƒĻ źƭ 5ğƩźǒƭ YǒǩƒƚǞźĭǩ͵ L ğƒ ğ ƌƚƓŭ ƷźƒĻ bC ƒĻƒĬĻƩ͵ CƚƩ ƦğƭƷ ЌЉ ǤĻğƩƭ L ŷğǝĻ ƚƓƌǤ ƦƚƭźƷźǝĻ ĻǣƦĻƩźĻƓĭĻ ğƓķ ƌƚƓŭ ƌğƭƷźƓŭ ƒĻƒƚƩźĻƭ ğƭ ğ ƭĻğƭƚƓğƌ /ğƒƦ {ƚƉźƌ ǝźƭźƷƚƩ͵ L Ǟƚǒƌķ ƌźƉĻ Ʒƚ ĻǣƦƩĻƭƭ ƒǤ ŭƩĻğƷ ƭǒƦƦƚƩƷ ŅƚƩ ĻǣƦğƓƭźƚƓ ƦƩƚƆĻĭƷ ğƭ L ğƒ ĭƚƓǝźƓĭĻķ ƷŷğƷ ǒƦƚƓ ĭƚƒƦƌĻƷźƚƓ LƷ Ǟźƌƌ ĭƩĻğƷĻ ƒƚƩĻ ǝźĬƩğƓƷ IğǞƉƭƷƚƓ ĭƚƒƒǒƓźƷǤ͵ ŷğƓ ƚǒ 5ğƩźǒƭǩ YǒǩƒƚǞźĭǩ Page 188 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ DIANNA FEDUN <kattailz@rogers.com> {ĻƓƷʹ Tuesday, September 1, 2020 10:50 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Sokil New Trailer Park I have been a UNF Canada member in good standing for several decades.I remember families would caravan from Line 11 down to the lake to swim and have a picnic. We would do this almost every Saturday during the summer.My family eventually built a summer place shortly afterwards. beingold enough to work as a counsellor.Upon becoming an adult, I volunteered on the administrative side of running the camp.Our family enjoys coming up to our property and enjoying the various celebrations we host over the summertime. My family along with many others shop locally.An additional trailer park with families will bring more revenue to Hawkestone, Oro-Medonte, Orillia and Barrie. Dianna Fedun 10 Hlynka Place Page 189 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ ĻƒƭƷĻƌƒğĭŷθğƚƌ͵ĭƚƒ ѡĻƒƭƷĻƌƒğĭŷθğƚƌ͵ĭƚƒѢ {ĻƓƷʹ ǒĻƭķğǤͲ {ĻƦƷĻƒĬĻƩ ЊͲ ЋЉЋЉ ЊЉʹЌЉ ta ƚʹ tƌğƓƓźƓŭ ѡtƌğƓƓźƓŭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ tƩƚƦƚƭĻķ ƓĻǞ ƷƩğźƌĻƩ ƦğƩƉ To the planning department of Oro-Medonte, As a member of the UNF, I would like to express my support for the proposed new trailer park. My family has enjoyed the Camp Sokil Property for over 34 years. As a child I spent many days there enjoying the beauty of lake Simcoe and the seasonal Oro-Medonte community. As an adult, I have continued the tradition and my children have many fond memories of both Camp Sokil and the Oro-Medonte community. Riding their bikes to the corner store for some treats and ice cream and the annual Canada Day festivities are some of their favorites. When the proposal for the new trailer park was put forth, we immediately put our name down. As a family, we cannot wait to put down deeper roots in Camp Sokil and the seasonal Oro-Medonte community. Thank you for your consideration, Emilia Stelmach Page 190 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... September 2, 2020 Andria LeighVIA EMAIL Director of Development Services Township of Oro-Medonte 148 Line 7, Box 100, Oro, ON L0L 2E0 Subject:CountyComments-Public Meetingfor Official Plan and Zoning By-law Amendments Township File Nos.2020-OPA-01 & 2020-ZBA-10 County File Nos. OM-PRE-1609 and OM-PRE-2008 Subject Lands: 16 Taras Boulevard, Township of Oro-Medonte, County of Simcoe Applicant: Ukrainian National Federation of Canada c/o Innovative Planning Solutions Inc. __________________________________________________________________________________ Dear Ms. Leigh, Thank you for circulating the applicationsfor an Official Plan Amendment and Zoning-Bylaw Amendment for the above noted lands. proposing a site-specific an expansion to an existing seasonaltrailer campground which would facilitate an additional 56 trailer sites to permit a maximum of 110trailer sites in total.The development proposal includes the replacement of a sewage treatment system. The applicant also seeks the approval of a Zoning By-law Amendment to rezone the subject lands from Agricultural/Rural Exception Zones and Environmental Protection Two to a Private Recreational Exception Zone and Environmental Protection. Planning Comments The subject lands are located with the Hawkestone Settlement Area boundary and are designated The lands that are subject to the application comprise an area of approximately 27.7 hectares and is accessed viaTaras Boulevard. An internal road network is used to access the trailer sites and accessory buildings within the site. The current uses on the Ukrainian National Federation of Canada/Sokil Camp lands include a 54 site trailer park, accessory buildings, outdoor sports field/recreational areas and woodlands. The objectives of the Settlements designation in the SCOP are to be the focus of population and employment growth, to develop a compact urban form that promotes the efficient use of land, to develop mixed use settlements that are sustainable, and to promote development forms which minimize land consumption and servicing costs. It is understood that the applications propose an expansion to an existing, seasonal trailer park and the increase in seasonal trailer units would not contribute to the Page 1of 3 Page 191 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... The subject lands are zoned Agricultural/Rural*1 (Trailer Park), Agricultural/Rural*15, and Open Space -e Official Plan.Sectionstatesthattheusesinthe HawkestoneExpansionAreadesignationarelimitedtoagriculturalusesandusesthatexistedonthe datethePlanwasadoptedbyCouncil. Section 6.3.5 of the Growth Plan for the Greater Golden Horseshoe states that any lands that are designated for agricultural uses or rural uses in a lower-tier official plan as of January 20, 2017 can only be re-designated for development through a municipal comprehensive review (MCR) and that the re- designation of the lands is subject to the policies in Section 2.2.8.Please note that the County is currently undertaking the MCR process and anticipate that the MCR program will be completed by 2022. Section 4.11.6 of the SCOP explains that the Plan is not intended to prevent the continuation, expansion or enlargement of legally existing uses on existing lots which do not conform to the designations of the Plan. Expansions or enlargements shall include consideration of Section 4, Policy Statements within the Plan, local official plans and bylaws. Therefore, the County would not object to an expansion of the existing trailer park use on the subject lands. -2 Archaeological Property Assessment was prepared by Amick Consultants Ltd. inDecember 2019 highlighting several recommendations including further archaeological assessment on the lands included in the proposed sanitary area. Prior to approval, the County requires the applicants to address the outstanding recommendations of the Amick archaeological assessment. The property falls within the general regulation area of the Lake Simcoe Region Conservation Authority and portions of the property are regulated by the LSRCA and would require permits for development. An Environmental Impact Study was prepared in support of the applications by Dillon Consulting in February 2020. Prior to adoption, the Township should ensure that the LSRCA is satisfied with the submitted submitted EIS. Summary The current fee for the review/processing of aTownship adopted, privately initiated official plan amendment is $3000. The applicant is to provide the fee directly to the County at such time as the local official plan amendment is adopted and forwarded by the Town to the County for approval consideration. The County of Simcoe Fees and Charges By-law is available on the County website at www.simcoe.ca. Please circulate the Countyon any updates or notices related to this application. Thank you again for consulting with the County of Simcoe. If you have any questions, please do not hesitate to contact the undersigned. Page 2of 3 Page 192 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Sincerely, The Corporation of the County of Simcoe Anna Dankewich Planner II P: 705-726-9300 x1970 E: anna.dankewich@simcoe.ca cc: Dan Amadio, Manager of Planning -County of Simcoe Darren Vella, President & Director of Planning-Innovative Planning Solutions Inc. Page 3of 3 Page 193 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Yaro Fitel <yfitel@gmail.com> {ĻƓƷʹ Wednesday, September 2, 2020 10:09 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Support for UNF Sokil Trailer Park Expansion Good morning, Hope you are all doing well. I am writing this email in support of the proposed trailer park expansion on the UNF Sokil grounds at Hawkestone. I am a member of the UNF and have had a cabin there for over 25 years. The expansion will allow for more families like my own to get to experience a wonderful weekend getaway and immerse themselves in some great Ukrainian culture and traditions we celebrate on the grounds. In addition the steady influx of additional families will also help the local economy as we would be injecting income into groceries, home improvement, and other essential services. Thank you, Yaro Fitel Page 194 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Kuehn, Lillian (Markham) <Lillian.Kuehn@sgs.com> {ĻƓƷʹ Wednesday, September 2, 2020 11:32 AM ƚʹ Planning <Planning@oro-medonte.ca> /ĭʹ Lil_Peter@rogers.com {ǒĬƆĻĭƷʹ Public Meeting to be held this evening regarding the expansion of camp sites. Hello, I am writing with a concern on the application for the expansion of camp grounds between Oro Line 10 and 11. I apologize for not referencing the correct application number, but I do not have the sheet of sheet of paper that was mailed in front of me nor was I able to find the application number on the website. I own 27 and 29 Owen Rd, which is positioned south east of the proposed camp ground. I have 2 concerns: 1.Location of the proposed large septic drainage bed. How will that affect the wells of the cottages to the south east of that. It seems like a very large septic bed considering the proximity to residential wells. 2.Access to Kennedy Rd. Will Kennedy Rd stay dead ended at Charlotte? Will there ever be a plan to join the two roads in the future. I was also trying to find out how to observe the public meeting online but was unable to. Can someone please direct me to instructions on how to observe. I do not want to present. Thank You in advance for your consideration on these matters. Best Regards Lillian Kuehn Page 195 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ Irene Cord <icord@rogers.com> {ĻƓƷʹ Wednesday, September 2, 2020 1:07 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Applications: 2020-O:PA-01 & 2020-ZBA-10 Applicant Ukrainian National Federation of Canada As a member of UNF, I & my family have enjoyed the park at Hawkestone. I, hereby, extend my appreciation & support of the seasonal trailer park for the continued use of families. Thank you for your consideration. Irene Cord Page 196 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... CƩƚƒʹ {ĻƓĻƒ hǩƉźƓ ѡƭĻƓĻƒƚǩƉźƓθǤğŷƚƚ͵ĭğѢ {ĻƓƷʹ ĻķƓĻƭķğǤͲ {ĻƦƷĻƒĬĻƩ ЋͲ ЋЉЋЉ ЊʹЉЋ ta ƚʹ tƌğƓƓźƓŭ ѡtƌğƓƓźƓŭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ /ĭʹ ƩĻƓĻĻƩĻƩǒƦθǤğŷƚƚ͵ĭğ {ǒĬƆĻĭƷʹ ƩźƷƷĻƓ ƭǒĬƒźƭƭźƚƓƭ ŅƚƩ ƒĻĻƷźƓŭ To the Township of Oro-Medonte: We write today to provide input into the proposed amendments to the Official Plan and Zoning By-Law (re: Applications 2020-OPA-01 & 2020-ZBA-10). We reside on the Lakeshore Promenade, at11 Myrtle Avenueand have done so for the last 5 years. We are opposed to the applications proposed for several reasons. First, we are worried about the increase in traffic to the waterfront, especially on the promenade. Increased traffic brings along several other concerns such as noise pollution, environmental damage and safety concerns On a related note, giving more people access to the promenade will thereby enable more individuals to have access to our homes and backyards. Second, we are worried about the negative impacts to the environment that such a large trailer park, particularly the septic bed, will cause.These are protected lands that were deemed to be such for good reason and we cannot comprehend how the concerns that led to such a decision in the first place can somehow be mitigated now. Further, the application does not contemplate a small change to the zoning of these lands -for example, building one or two houses, but a trailer park for 56 trailers plus a septic bed. Finally, we are of the view that transient residents in this area will not care about our community and beautiful waterfront the way that full-time residents do. There may be increased garbage, noise and vehicle pollution as a result of so many people being allowed to reside in this new area, especially on a temporary basis. The conflict that the granting of these applications would cause to the existing residential zoning is too great and we urge the Township to consider the safety and well-being of its residents who pay a significant amount of property taxes to enjoy the waterfront and the protected lands that surround it. Thank you for allowing us to provide our input. Renee Rerup and Senem Ozkin Page 197 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... From: Ihor Batruch <ihor_b@yahoo.com> Sent: Wednesday, September 2, 2020 3:15 PM To: Planning <Planning@oro-medonte.ca> Subject: UNF Camp Sokil -trailer park rezoning Dear Oro-Medonte Counsellors, I would like to express my support for the development of the new trailer park at the UNF Camp Sokil Property. I will be a future user of the property seasonally during summer and fall months. The camp provides my family with an ability to enjoy the great outdoors outside of the city and enables us to immerse in the Ukrainian culture and community. While being a seasonal user of the UNF Camp Sokil trailer park, I will be an active and responsible citizen of the Oro-Medonte township community striving to help and tackle the future challenges within the township. I look forward to a positive outlook that will allow for rezoning and expansion of the trailer park within the camp. Regards, Ihor Batruch Natalia Batruch Olena Batruch Page 198 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 199 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 200 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Page 201 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... 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September 2, 2020 Public Meeting law Amendment - 16 Taras Boulevard Camp Sokil Official Plan Amendment & Zoning By Page 212 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... . detached residential dwellings, wooded - approximately 59 hectares (145 acres) of Hawkestone. detached dwellings within Hawkestone. - Medonte Rail Trail. Area - Yellow overlay. Lands subject to the application contain 27.75 hectares (68 acres). North: Existing singlelands, OroSouth: Lake Simcoe.East: SingleWest: Shoreline residential subdivision (outside Settlement Area), wooded areas. 16 Taras Boulevard.Settlement Total land holdings of Surrounding land uses: Subject Lands: Application Context Page 213 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... site seasonal trailer - side event pavilion. - 15 staff (seasonally) - Camp Sokil is a private campground established in 1959.Owned by the Ukrainian National Federation (UNF) Toronto Branch.Located on the shore of Lake Simcoe, it provides a unique summer destination and experience. It has served the community for over 60 years. Existing uses include a 54park, the children's summer camp, St. John The Baptist Chapel & Holodomor Monument, Motel, Cabins, as well as a private beach, sports fields, and lakeEmploys 12Important cultural entity for the UNF and area. Sokil Camp Page 214 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... to feasibly and term viability of Camp - to meet demand the process of being upgraded in in expansion will support the long provide a buffer to surrounding land uses in area of 2.84 hectares (7.6 acres) with the current configuration, allowing for easy Camp Sokil to include 56 new trailer sites (110 services septic treatment system is required to replace the xpand Etotal, 54 existing). Expansion Integrate access throughoutDesigned to each direction.New existing system and service all existing and proposed uses. Water anticipation of Expansion necessary provide the servicing upgrades requiredDevelopment Sokil Development Concept Page 215 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Sanitary Servicing Page 216 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... 1 active and 1 decommissioned) line infrastructure. ater from the primary well maintains the 4 reservoir chambers at capacity, with old water 2 wells on site (Decommissioned well could be reinstated and connected if need be in future.Currently, wa significant overflow even during peak demand. Over the past 2 years, several days water service interruption were caused by major breaks in All residential water supply lines are being replaced (25% complete, next 25% commenced)Old infrastructure was mixture of 4, 3 and 2 inch pipes. 2 new variable speed pumps will be added to the system in Fall 2020, resulting in improved water pressure throughout.Upon completion of the new 4 inch water lines (Spring 2022), and the addition of the 2 additional variable speed pumps (Fall 2020), all water supply issues will be resolved. Water Servicing Page 217 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... peak directional 13 to 17 vehicles; expansion 66 to 85 vehicles; 50 to 62 vehicles. Road Sokil Line 11 South ShewchenkoFranko Street vehicles per hour per lane. FUTURE, INCLUDING EXPANSION (peak hour volumes) 400 vehicles per hour per lane 600 Road and Franko Street have assumed capacities of 9 to 11 vehicles; will not have any appreciable impacts on the adjacent road system. 35 to 50 vehicles; 27 to 36 vehicles.Entire road network is well below capacityNo operational issues will resultNo improvements to the road network are required Even the peak volumes shown are seasonal in nature Line 11 South has an assumed capacity of Shewchenko Road Traffic Analysis The traffic volumes to be generated by the proposed Camp CAPACITYTRAFFIC ANALYSIS CONCLUSIONS Line 11 South ShewchenkoFranko Street Page 218 of 1022 EXISTING (peak directional peak hour volumes) 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... law. - in the County of Simcoe Law Amendment (ZBA) are - Expansion Area Hawkestone Land Use Designation & Zoning standing use. - Official Plan.Zoned Agricultural / Rural Exception 1 (A/RU*1), Agricultural/Rural Exception 15 (A/RU*15) and Open Space (OS) in the Township Zoning ByTownship OP designation and Zoning do not reflect current use of the property (Recreational)Official Plan Amendment (OPA) and Zoning Byproposed to required to permit the proposed development, and to better reflect the long Page 219 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... 2 Archaeological Assessment - Planning Justification ReportConceptual Site PlanFunctional Servicing Report (FSR)Traffic AnalysisHydrogeological AssessmentGeotechnical InvestigationEnvironmental Impact Study (EIS)Stage 1 Studies Page 220 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... - Recreational Environmental to 110. Sokil - Exception ReProtection TwoPermitted uses on lands designated Recreational include passive and active recreational uses including accessory accommodation facilitiesThe Exception designation proposed is sitespecific to limit the number of trailer sites within Camp Environmental Protection Two designation would reflect and protect the ecological features present on the lands, evaluated through the EISExpansions to recreational uses are permitted by Amendment to the Official Plan. Official Plan Amendment Page 221 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... . Sokil zones. Environmental law. - standing use that existed on - Private Recreational Exception - Zoning Bylaw Amendment proposed to (PRThe proposed use does not represent a new use, but rather a limited expansion to a longZoning ByRezoning would permit the increase in trailer sites to 110.Rezoning would preserve the environmental features and accurately recognize the existing nature of activities at Camp law - Zoning ByAmendment Page 222 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... 15 staff) - Protection of environmental features over long term horizonProtection of employment (12No public infrastructure investment requiredLogical and appropriate use of land Improvement & Optimization of communal sewage and water systemsProvides for sustainable tourism & recreational opportunitiesSupportive of the local economyMaintains consistency with the surrounding character of the area Provincial Planning Policy Page 223 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... ) Sokil Supports vitality of tourism within the TownshipSupports economic viability of local businessProtection of culturally important entity (Camp No permanent residential growth is proposedSupports employment security & growthProtects and preserve natural heritage featuresPromotes recreation and active livingExpansion and diversification of existing recreational uses is promotedCriteria for expansion of existing recreational use is met Planning Policy Page 224 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Boulevard) which can Taras is and will be serviced with new or upgraded water and sewage services Sokil Township OP Section C1.3.6 Expansion is minor in nature, affecting a small portion of the lands, adjacent to the existing campground areaexpansion will not affect surrounding agricultural operationsCamp The use and expansion is accessed by public roads (accommodate traffic as evidenced by Traffic Study completedexpansion area is appropriately buffered from adjacent residential uses in all directions Criteria for expansion of an existing tourist commercial / recreational use are met: Page 225 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... necessary for long term viability sewage treatment system new - important cultural entity and gathering brand expansion is the most appropriate location, buffered from site represents a very is located in Sokil proposed trailer Conclusion Camp place, while also being a local business and employerThe of the Camp, facilitating a Expansion surrounding usesNo negative effect on environmental features or traffic safety will resultDevelopment is supported by all levels of Planning Policy Page 226 of 1022 6.d) 6:30 p.m. Notice of Receipt of Complete Applications & Notice of Pu... Thank you. Page 227 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2020-ZBA-13 Johnwood Investment Inc. 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 -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-ication pursuant to the th Planning Acton the 17day of June, 2020. Take notice thatthe Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on September 2, 2020at 6:45p.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 Pt Lot1, Concession 12(Oro),municipally known as 1614 Ridge Road East. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effectof the proposed Zoning By-law Amendment is torezone the subject lands from R1 to R2, to permit seven (7)dwelling units within the existing structure. 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 theTownship 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. Any person wishing further detailsor 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 should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made F:\\Development Services\\Planning\\D-Development & Planning\\D14 Zoning\\2020 Applications\\2020-ZBA-13 (Johnwood Investments) D14 xxxxx\\Notice & Decision\\2020 Notice of Receipt of Complete App & PM (Covid 19).docx Page 228 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... 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 148Line 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 12day of August, 2020. Location Map Page 229 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Site Plan/Zoning Sketch Page 230 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 12, 2020 1:55 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Meeting, 2020-ZBA-13 (Johnwood Investment Inc.) - Development Services Committee Meeting scheduled for September 02, 2020 Good afternoon Teresa, Building Division comments are; 1. Permit will be required for the proposed construction. The remainder of Building comments have been identified in the other applications. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 231 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 12, 2020 11:15 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Meeting, 2020-ZBA-13 (Johnwood Investment Inc.) - Development Services Committee Meeting scheduled for September 02, 2020 Teresa An Engineered Site Plan detailing access, parking, drainage, etc. shall be required at the time of Site Plan Application / Building Permit. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 232 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 8:20 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Meeting, 2020-ZBA-13 (Johnwood Investment Inc.) - Development Services Committee Meeting scheduled for September 02, 2020 Teresa Operations will require a 15mx15m daylight triangle and the northeast corner of Ridge Road and Line 11 South. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 233 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Simcoe Muskoka Catholic District School Board 46 Alliance Boulevard Barrie, Ontario, Canada, L4M 5K3 Tel 705.722.3555 Fax 705.722.6534 www.smcdsb.on.ca August 18, 2020 BY EMAIL ONLY planning@oro-medonte.ca Andria Leigh, Director, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario L0L 2E0 Re: Applications to amend Zoning By-law (2020-ZBA-13), 1614 Ridge Road East. Dear Andria Leigh: The Simcoe Muskoka Catholic District School Board has received the Notice of Complete Application and Public Meeting for the above noted application to amend the Zoning By-law. The effect of the amendment would permit seven (7) dwelling units within the existing structure. The Board requests that future residents of the building be advised of the following in any lease or purchase agreement: “Students from this development attending educational facilities operated by the Simcoe Muskoka Catholic District School Board (SMCDSB) may be transported to or be accommodated in temporary facilities out of the neighbourhood school’s area. This may include accommodation in portable classrooms or at a “holding” school for an indeterminate period. An attendance area review may be undertaken which would change the attendance area boundaries of neighbourhood schools.” Thank you for circulating the above application to the Board for consideration and comment. Please advise the Board of the ongoing status of this proposal, and of any changes which may affect the number of proposed units. If there are any questions or comments with regard to the Board’s response, please feel free to contact the undersigned via email. Respectfully, Janet Porter, MCIP, RPP Senior Planner jporter@scdsb.on.ca Our Mission: Our inclusive Catholic learning community is dedicated to excellence. We give witness to the teachings of Jesus Christ, as we journey in faith and learning, to develop the God-given abilities of each person. Page 234 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 235 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ winteringhams <winteringhams@rogers.com> {ĻƓƷʹ Monday, August 31, 2020 8:08 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re File No. 2020-ZBA-13 proposed zoning by-law amendment We reside south of this property. This house was under renovation/construction when we movedto our home (281 Line 11S) in 1985We have endured all the downsides, i.e. trade and dump trucks, gravel dumped on our property, winters of flapping plastic wrap, and a huge eyesore in our village.Now you are asking us to approve 20 people living in this house that will again be under construction and will depend on a huge septic and well.The septic will be draining downhill, sure to impact on us. We are also concerned about the transient nature of the renters who may not appreciate the values of our village andthe parking as we would not appreciate cars constantly being parked on the north side of our property. We would appreciate your consideration for these concerns. Terry and Leona Winteringham 281 Line 11S Oro-Medonte, On Page 236 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... -----Original Message----- From: Glenn <gstringer.email@gmail.com> Sent: Tuesday, September 1, 2020 12:04 PM To: Agenda comment <Agendacomment@oro-medonte.ca> Subject: 2020-ZBA-13 (rezoning from R1 to R2 to allow 7 dwelling units) 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. Mayor, Deputy Mayor, Councillors and Staff. Thank you for giving us this opportunity to give input/comments on the proposed amendment to the Official Plan and Zoning By-law as laid out in Application 2020-ZBA-13 by applicant Johnwood Investment Inc. The purpose and effect of the proposed Zoning By-law Amendment is to rezone the subject lands at 1614 Ridge Road East form R1 to R2 to permit seven (7) dwelling units within the existing structure. We are Wendy andGlenn Stringer. We live at 39 Pugsley Lane, Hawkestone. We have lived here for 25 years. We object to this amendment for the following reasons.... -not part of the Official Plan -will require 11 parking spaces for the residents (as per the Parking Standards Table and must be on same lot) -will require a large septic area (will not have enough space) -water usage/capacity may impact neighbours water wells We thank you for your time and consideration. Glenn and Wendy Stringer 39 Pugsley Lane Oro Medonte L0L1T0 7054876203 -- This email has been checked for viruses by AVG. https://www.avg.com ________________________ This email was scanned by Bitdefender Page 237 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... 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Page 248 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 249 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 250 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 251 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 252 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 253 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 254 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... t n e m 2020 d 2, Inc. n e East n m o Medonte i - t A a Road Oro September c w i l of a l p - Ridge p y A B 1614 g Township Johnwood Investments n i n Public Meeting o Z Page 255 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... a unit (i.e. No establish Agreement) Exception to building. use. construction. Plan w Two e dwellings. i land Site v r e detached v - O n o i t a Control Application (and c i l p Site Plan p law Amendment required to permit the conversion and R1 Zone permits single/semi - A Zone. buildings.Zoning ByThe proposed zoning would recognize the existing locationsetbacks) of the building and permit a change ofexterior expansions or alterations are proposed to theApproval of a required prior to the issuance of building permits and Page 256 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... n a l P n o i t a c o L Page 257 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... s e s U d n a L g n i d n u o r r u S Page 258 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... total) (11 STATISTICS SITE metres OVERALL Lot Area: 0.27 hectares (0.67 acres) Lot Frontage: 40.51 metres Driveway width: 6.0 metres (existing) Building Height: 12.55Parking: 1.5 spaces/dwelling unit Plan Site Page 259 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... - An not the By . is County with k Plans Plans. r the Plans o w both Plan. 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Population and employment focused County Official Plan resources are No required C Page 262 of 1022 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... n a l P l a i c i f f O e t n o d e M - o r O f o p i h s n w o Page 263 of 1022 T 6.e) 6:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... to be e on the t individual Act. n Official Plan o listed (i.e. is d under site e - Residential n on M a - l destruction or inappropriate o rP dwellings. l O supply requirements intended a i f resources. 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Report Report No. To: Prepared By: DS2020-104 Development Services Committee Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # September 2, 2020 Consent Application 2020-B-18 _____________________ by Mark & Patricia Hershey Roll #: R.M.S. File #: 14 Barrie Terrace 4346-010-006-03304 D10-58195 Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2020-104 be received and adopted; 2. That the Development Services Committee grant provisional consent to Application 2020-B-18 to permit the creation of a new lot consisting of a severed parcel having an area of approximately 0.225 ha (0.56 ac.) and a frontage of approximately 35.8 m (117.45 ft.) and a retained parcel consisting of a lot area of approximately 0.2464 ha (0.61 ac.) and a frontage of approximately 35.8 m (117.45 ft.), subject to the following conditions: a) That the applicant signs (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel. In addition, the MOU shall prescribe that driveway access to the severed and retained lands shall only be from a Township road (Barrie Terrace); b) That the applicant submit to the Township a Natural Heritage Evaluation for review by and to the satisfaction of the Lake Simcoe Region Conservation Authority. All borne by the applicant. c) That the applicant submit, to the satisfaction of the Chief Building Official, a plan complete with dimensions, areas with approximate building and sewage system envelopes for possible future development. Surrounding wells and required clearances shall be incorporated in the plan. d) 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; Development Services Committee September 2, 2020 Report No. DS2020-104 Page 1 of 11 Page 270 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; f) or prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; g) That all municipal taxes be paid to the Township of Oro-Medonte; h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, i) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 3. Background: The subject lands are located at 14 Barrie Terrace and possess a lot area of approximately 0.474 hectares (1.17 acres). The lands are tree covered and are vacant of buildings and structures. Surrounding land uses consist of low-density residential uses, predominantly in the form of single detached dwellings. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. The purpose of Consent Application 2020-B-18 is 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: Approximately 35.8 m (117.45 ft.) Approximately 35.8 m (117.45 ft.) Depth: Varying: Approx. 59.85 65.85 m Varying: Approx. 65.85 72.57 m (196.36 - 216 ft.) (216 - 238.1 ft.) Area: Approximately 0.225 ha (0.56 ac.) Approximately 0.2464 ha (0.61 ac.) Use: Existing: vacant Existing: vacant Proposed: building lot Proposed: building lot 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 Development Services Committee September 2, 2020 Report No. DS2020-104 Page 2 of 11 Page 271 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Areas and Section 2.1 Natural Heritage are applicable to this application. This application representslimited residential development that is consistent with the PPS with respect to Rural Areas of development. Based on the above, Planning Staff are of the opinion that the application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areasis applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed residential lot is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established residential area. Section 4.2.4.5 permits infill development outside of settlements areas, in developed shoreline areas of inland lakes that are designated or zoned for concentrations of development. development and the proposed development would create an infill lot within a concentration of existing development, Planning Staff are of the opinion that the application conformsto the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside the Lake Simcoe Region Conservation Authority regulated area and the Township is not required to circulate consent applications that are not within the regulated area to the LSRCA. However, the property is 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 Development Services Committee September 2, 2020 Report No. DS2020-104 Page 3 of 11 Page 272 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... natural heritage features or key hydrologic features as well as connectivity and linkages to naturalheritage 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 restored before, during and after construction to allow for the effective dispersal and movement of 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. Planning Staff have considered the location and context of the proposed lot and note thatthe lands are: Entirely surrounded by existing shoreline residential development; Separated from the Lake Simcoe Shoreline by existing development and by a public road (Barrie Terrace); and Not adjacent or in proximity to any other identified Natural Heritage Features. The above-noted factors , negate some but not necessarily all, of the considerations identified in the LSPP for review in a NHE. Nevertheless the LSPP does not provide for an exemption from the NHE requirement. Under the circumstances, Planning Staff are prepared to recommend approval of the application (rather than deferral), subject to a condition that the applicants satisfy the NHE requirement. 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: Development Services Committee September 2, 2020 Report No. DS2020-104 Page 4 of 11 Page 273 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... a) Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. Consent lots should be developed to an approximate maximum size of one hectare, except where larger sizes may be suitable because of environmental constraints or design considerations; and b) The number of lots on the grid road system shall be restricted in order to maintain the rural character and road function and to avoid strip development. . , 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 which are discussed in the previous section of this report. 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 Shoreline 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. designation, which includes single detached dwellings. The proposed consent was assessed against the development of land policies in the Shoreline Designation. Specifically, Section 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 S valuating the proposed application for consent. The following Lot by Consent 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 Barrie Terrace, 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 September 2, 2020 Report No. DS2020-104 Page 5 of 11 Page 274 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Conforms: While thesubject lands also have frontage on Shanty Bay Road, the application can still be supported on the basis that access must be from a Township road (Barrie Terrace). Planning Staff have recommended a condition of Consent to this effect. c) Will not cause a traffic hazard; Conforms: Upon site visit, Planning Staff noted that both the severed and retained parcels 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 both new entrances. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Conforms: Both the severed and retained parcels would comply with the Zoning By- law area 0.2 ha). Additionally, residential uses are permitted, are compatible with the adjacent residential uses and the proposed lot sizes are similar to some of the existing lots on Barrie Terrace. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conformity to be confirmed through 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 restricted in relation to existing surrounding wells and septic systems. Therefore, as per the comments received from the Building Department, Planning Staff are recommending that, as a condition of Consent, the applicant is to submit a plan to the Building Division with approximate building and sewage system envelopes for possible future development, as well illustrating surrounding wells and their required clearances. f) Will not have a negative impact on the drainage patterns in the area; Conforms: The severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. 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 with the Townships policies. 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 Shoreline and are thus not designated for development beyond the level of their current use, which is for single detached Development Services Committee September 2, 2020 Report No. DS2020-104 Page 6 of 11 Page 275 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... 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; Conformity to be conformed through condition of Consent: The subject lands and immediately surrounding area do not exhibit the characteristics of lands that might possess significant natural heritage features. However, as the lands are located within 120 metres of Lake Simcoe, a Natural Heritage Evaluation for new lot creation is an automatic requirement of the LSPP. 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. Conforms: Planning Staff have reviewed this application against Section 51(24) of the Planning Act and find that it meets the requirements of the Act. Based on the above, Planning Staff are of the opinion that the application, if approved with the recommended conditions of Consent, would conform to the Official Plan. Zoning By-law 97-95 -law 97- 95, as amended. Single detached dwellings are permitted in the Shoreline Residential (SR) zone and both the severed and retained parcels would comply with the Zoning By- frontage and lot area requirements (minimum lot frontage 30m and minimum lot area 0.2 ha). 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 Development Services Committee September 2, 2020 Report No. DS2020-104 Page 7 of 11 Page 276 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: 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: Building Division: Applicant to provide a plan complete with dimensions, areas with approximate building and sewage system envelopes for possible future development. Surrounding wells and required clearances shall be incorporated in the plan. Development Engineering No objection. Operations Division No objection. Bell Canada No concerns. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Conclusion: is recommended that Consent Application 2020-B-18be approved, subject to the recommended conditions of Consent, on the basis that the application is consistent with/conforms to Provincial, County and Township policies, meets the requirements of Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Director Development Services August 28, 2020 Development Services Committee September 2, 2020 Report No. DS2020-104 Page 8 of 11 Page 277 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map Development Services Committee September 2, 2020 Report No. DS2020-104 Page 9 of 11 Page 278 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo Development Services Committee September 2, 2020 Report No. DS2020-104 Page 10 of 11 Page 279 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Consent Sketch Development Services Committee September 2, 2020 Report No. DS2020-104 Page 11 of 11 Page 280 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ ROB HEKKENBERG <rhekc599@rogers.com> {ĻƓƷʹ Friday, August 14, 2020 10:45 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Hello Teresa - given that we have not received the application package, we do not have a date when we will receive it and the date of the meeting is 13 business days away I request that the meeting be postponed until the neighbours have had an adequate time to review and obtain suitable professional consultation as to the options being proposed. Rob Hekkenberg MD FRCSC Page 281 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 19, 2020 11:01 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 02, 2020 (2020-B-18) Hershey Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 282 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Thursday, August 20, 2020 8:51 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 02, 2020 (2020-B-18) Hershey Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 283 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Moyle, Jacqueline <jacqueline.moyle@bell.ca> {ĻƓƷʹ Monday, August 24, 2020 10:03 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ 705-20-290 RE: Notice of Public Hearing - Development Services Committee Meeting, September 02, 2020 (2020-B-18) Hershey Hi Teresa, Re: 2020-B-18 Details: Consent Application 14 Barrie Terrace Township of Oro-Medonte Bell File 705-20-290 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 284 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 26, 2020 3:54 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, September 02, 2020 (2020-B-18) Hershey Building Division Comments are as follows; 1. Applicant to provide a site plan complete with dimensions and areas with approximate building and sewage system envelopes for possible future development. Surrounding wells and required clearances shall be incorporated in the site plan. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 285 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 286 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 287 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 288 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 289 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 290 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 291 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 292 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 293 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ LğƓ ağƌĭƚƌƒ ѡźğƓθźƭƒğƩĭŷźƷĻĭƷƭ͵ĭğѢ {ĻƓƷʹ ǒĻƭķğǤͲ {ĻƦƷĻƒĬĻƩ ЊͲ ЋЉЋЉ ЌʹЍЌ ta ƚʹ źƷƌźĬͲ 5ĻƩĻƉ ѡķǞźƷƌźĬθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ ƭĻǝĻƩğƓĭĻ ƩĻƨǒĻƭƷͲЊЍ .ğƩƩźĻ ĻƩƩğĭĻ Attention Derek Witlib Mgr. Planning Services Hello Derek, I am writing to object to this proposed request for consent to create two lots, dividing their 14 Barrie Terrace 71.6 m frontage to Barrie Terrace, the last lot on a fully developed street . Although it meets the Zoning Standards for asettlementareas, I do not believe therequest meets the intent of theOfficial Plan. Urban Design Objectives C.18.5 and does not recognize the character of the existing developmentand lot sizes . Once completed, the two homes, their septic beds, driveways will leave very few if any trees. thereby changing the character to the detriment. The original lot sizes' creationnorth side of Barrie Terrace in approximately 1995 by Burnham, and directed by Oro Planning then did recognize the value of the tree preservation between the homes and went along way toencourage one of the prettieststreets in Oro-Medonte.. That was when all the residents of the former Lot K roadway pitched in to buy the CN rail line property to assist in creating Barrie Terrace. Iknow all the residents I have talked to agree with me on this and are prepared totake this to LPAT. I encourage the Committee to turn down this request Ian S. Malcolm OAA, MRAIC, LEED Architect Page 294 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 295 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 296 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 297 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 298 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 299 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 300 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 301 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 302 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 303 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 304 of 1022 7.a) 7:00 p.m. DS2020-104, Derek Witlib, Manager, Planning Services re: ... Page 305 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... Report Report No. To: Development Services Prepared By: DS2020-091 Committee Todd Weatherell, Intermediate Planner Meeting Date: Subject: Motion # September 2, 2020 Consent Application _____________________ 2020-B-19 by Michael and Roll #: R.M.S. File #: Kelly Foley 4346-020-005-04546 D10-58296 46A Boyd Crescent Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-091 be received and adopted. 2. That 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 approximately 364.8 square metres (3926.8 square feet) to be added to the property located at 18 Boyd Crescent, be deferred to allow Township Staff to review ownership and the approved subdivision agreement. 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 land 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 2), 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.) Development Services September 2, 2020 Report No. DS2020-091 Page 1of 7 Page 306 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... 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. 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 (2019) 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. and consolidation of land holdings may be permitted but shall not be for the purpose of is to add lands from a vacant Block within Plan M-679 (Block 63) to 18 Boyd Crescent (Lot 50) both of which are under the same ownership and would allow them to have a larger residential property to construct an 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 storm drainage 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. Township of Oro-Medonte Official Plan Development Services September 2, 2020 Report No. DS2020-091 Page 2of 7 Page 307 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... The subject lands are designated Rural Settlement Area in accordance with Schedule A Land 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-Medonte Official 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, could negatively affecting the functionality or viability of the retained lands as these lands maybe used as a retention pond for the subdivision. does not 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 (Block 63 in Plan M-679) which is to be utilized for a storm drainage pond and zoned Open Space (OS) to prohibit structures on this parcel of land. The benefitting lands (Lot 50) 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 Exception (R1*) zone to recognize the minimum lot area as well as the reduced setback from a water course, as the applicant is looking to construct an accessory structure on the severed lands. The applicant has submitted Zoning By-law Amendment Application to the Townshipto 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: Development Services September 2, 2020 Report No. DS2020-091 Page 3of 7 Page 308 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... 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 2019 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: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that does not negatively 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: Operations Department no concerns. Development Engineering have to defer until we get ownership issues resolved. Building Department No comment Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Sketch Schedule 4: Zoning By-law mapping Development Services September 2, 2020 Report No. DS2020-091 Page 4of 7 Page 309 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... Conclusion: is application, it is recommended that Consent Application 2020-B-19 be deferred to allow Township Staff to review ownership and whether or not the retained lands are used as a retention pond for the subdivision. Respectfully submitted: Todd Weatherell, RPP, CPT Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services August 27, 2020 Andria Leigh, Director of Development Services August 28, 2020 Schedule 1: Location Map. Development Services September 2, 2020 Report No. DS2020-091 Page 5of 7 Page 310 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... Schedule 2 Aerial Photo Schedule 3: Proposed Severance Sketch Development Services September 2, 2020 Report No. DS2020-091 Page 6of 7 Page 311 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... Schedule 4: Zoning By-law Mapping Development Services September 2, 2020 Report No. DS2020-091 Page 7of 7 Page 312 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 19, 2020 11:08 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>; {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 02, 2020 (2020-B-19) Foley Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 313 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Thursday, August 20, 2020 8:48 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 02, 2020 (2020-B-19) Foley Teresa Operations has no concerns with this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 314 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... From: Bill Duncan <bduncan_26@hotmail.com> Sent: Monday, August 24, 2020 12:11 PM To: Planning <Planning@oro-medonte.ca> Subject: Consent Application I disagree with the request to sever and merge lands at the areas of 18 Boyd Crescent and 46 Boyd Crescent. This is a Green space and an engineered drainage area. Page 315 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 26, 2020 3:59 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, September 02, 2020 (2020-B-19) Foley Building Division has no comments at this time. Thank you Garry McCartney Chief Building Official Township of Oro-Medonte Page 316 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... CƩƚƒʹ ağƷƷ {ƷƩźĭƉƌğƓķ ѡƒğƷƷƭƷƩźĭƉƌğƓķЊАθŭƒğźƌ͵ĭƚƒѢ {ĻƓƷʹ ǒĻƭķğǤͲ {ĻƦƷĻƒĬĻƩ ЊͲ ЋЉЋЉ ЊʹЍЎ ta ƚʹ tƌğƓƓźƓŭ ѡtƌğƓƓźƓŭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ ЋЉЋЉΏ.ΏЊВ h.W9/Lhb ağƷƷ {ƷƩźĭƉƌğƓķ ATTN Secretary-Treasurer To whom it may concern, My name is Matt Strickland. I live at29 BachlyAve, Moonstone. I am writing in response to application 2020-B-19, a request to sever and merge ENVIRONMENTALLY protected, green space land, AKA LOT 46, and added to LOT 18. This email (along with my numerous phone calls) is a formal OBJECTION to said proposal. The fact that this proposal is even allowed, and we, as members of this community, have to address this proposal is disappointing to say the least. I was under a misguided assumption that the township would look after our obvious and apparent interests. Approximately 22 homes back onto lot 46, the environmentally protected green space. Those of us that back onto the interior space bought/purchased these lots under the understanding that our privacy would never be threatened in such a matter as this. We value the green space dearly. If we wanted to see our neighbours, their houses, and in this case a garage, in our backyards, then we would elect to live in a city. If anyone else, other than the daughter of the developer, requested this severance, I have no doubt that such a request would be stopped dead in its tracks. Lot 46 is environmentally protected for a variety of reasons. Not the least of which it is full of geese, swans, beavers, wolverines, foxes, coyotes, and is the natural habitat for the resident frogs. It is also the dedicated natural path for the water through the development. Even in the dog days of July the water can be heard running thru that lot. I have a very difficult time believing the conservation authority is ok with its disturbance. Twice in the last year, the developer has had large equipment taking out trees and disturbing the environmentally protected green space. I have complained vociferously both times. Both the township and the conservation authority were called (just as Ihave done so in this instance). When the operator of the machine was questioned as to why he was in the space he told me that the developer and his daughter email with my concerns. Thankfully, the township intervened and it was ceased. I am hopeful that those that are in a position to stop this proposal will do so again as I personally have zero desire to see a garage backing onto the ponds, as I prefer the view that I currently have. Of note, have been accounted for before a house was built from one side of the property to the other with alleged insufficient garage space. We, members of the community, should not need to suffer for such indiscretions. The next logical question to a garage being erected is how do they access said 46 from Boyd Ave.Behind my house. I support neither the disturbance of the environmentally protected green space nor the infringement on my privacy that I paid dearly for. In closing, I have contacted the township, its two planners (Andy and Todd), the conservation authority, and our Ward 1 councillor Ian Veitch, in an attempt to make everyone aware of the objection to this ludicrous proposal. Matt Strickland Page 317 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... CƩƚƒʹ Alexander Rau <alexander@rau.ca> {ĻƓƷʹ Tuesday, September 1, 2020 10:44 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ DS2020-91 - Consent Application 2020-B-19 To whom it may concern: Our names are Alexander Rau and Erin Ingard, owners and residents of 48 Boyd Crescent, Moonstone, ON L0K 1N0. We are writing to object to the proposed rezoning application 2020-B-19. 1.For the record we would like to state we DID NOT RECEIVE a letter in the mail informing us of the rezoning application even though our property is directly adjacent to one of the impacted properties of the rezoning, namely 46 Boyd Crescent. 2.Based on the fact that "The subject lands are zoned Open Space (OS), as these lands were created as a Block in a plan of subdivision (Block 63 in Plan M-679) which is to be utilized for a storm drainage pond and zoned Open Space (OS) to prohibit structures on this parcel of land." the application should be rejected. 3.As part of the rezoning application we would like to request a copy of the Nottawasaga Valley Conservation Authority's environmental assessment and impact of the proposed rezoning. 4.In addition to #3 we would like to request the Nottawasaga Conservation Authority to comment on the following: 4a) The rezoning impact if all other lots (Boyd 7-31 and 14-48)adjacent to lot 46 applied for rezoning to add additional land to their respective lots. 4b) The environmental impact of a building erected on the newly created larger lot on 18 Boyd 4c) The environmental impact of buildings erected on all lots (Boyd 7-31 and 14-48) that could possibly apply for rezoning by adding land from 46 Boyd. For the record we would like the Township of Oro-Medonte to note that we are objecting to the rezoning application 2020-B-19 as the approval of such application could set precedence and other owners adjacent to Lot 46 can apply to be awarded the same benefits as the owners of 18 Boyd. This in conjunction with the possibility of buildings being erected on these newly created larger lots will have a damaging and irreparable effect on the environment and also impact the ability of the designated area to function as a storm drain; which in turn could impact our property at the bottom of 46 Boyd where the storm drain drains out of the subdivision. Regards, Alexander Rau Page 318 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... Page 319 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... Page 320 of 1022 7.b) 7:10 p.m. DS2020-91, Todd Weatherell, Intermediate Planner re: Cons... 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Report Report No. To: Prepared By: DS2020-090 Development Services Catherine McLean,Planner Committee Meeting Date: Subject: Motion # September 2, 2020 Consent Application 2020-B-20 _____________________ by 555174 Ontario Ltd. Roll #: R.M.S. File #: (Broadmoor Homes) 4346-020-004-14340 D10-58360 2 Merrington Avenue Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2020-090 be received and adopted. 2. That Consent Application 2020-B-20 by 555174 Ontario Ltd. (Broadmoor Homes), to create a new residential lot on the lands municipally known as 2 Merrington Avenue, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2020-090. 3. The conditions are as follows: a) applicant acknowledges the requirements and timing of matters that may include: payment of development charges including the Area-Specific Additional Charge Warminster Water Service Area--law 2019-100, 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 Applicant transfer to The Corporation of the Township of Oro-Medonte and clear of all liens and encumbrances, a 3.0 metre road widening along the entire frontage of the severed lands adjacent to Town Line to Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the 3.0 metre widening with Town Line 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; Development Services Committee September 2, 2020 Report No. DS2020-090 Page 1 of 12 Page 331 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... c) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for reach residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By- law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; d) That all municipal taxes be paid to the Township of Oro-Medonte; e) 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; f) the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; g) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, h) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. (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 one year period (Section 53(41), 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- signature. Background: Development Services Committee approved Zoning By-law Amendment 2020-ZBA-02on July 15, 2020, to rezone the subject lands from the Environmental Protection (EP) Zone to the Residential One Exception 110 & 119 (R1*110*119) Zone. Property Information The property is located at 2 Merrington Avenue, which is in the northwest corner of Town Line and Merrington Avenue. The subject lands have a lot area of 0.84 hectares (2.07 acres), according to our Municipal Property Assessment Corporation (MPAC) records, and are currently vacant. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Consent Application 2020-B-20 The purpose of Consent Application 2020-B-20 is the creation of a new residential lot. The included as Schedule 3 to this report. The details of the proposed consent (severance), are provided in the table below. Development Services Committee September 2, 2020 Report No. DS2020-090 Page 2 of 12 Page 332 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Lands to be Severed:Lands to be Retained: Frontage: Approximately 34.3 m (112.5 ft.) Approx. 34.3 m (112.5 ft.) Depth: Approximately 118.2 m (387.8 ft.) Approximately 118.3 m (388.1 ft.) Area: Approximately 0.39 ha (0.97 ac.) Approximately 0.41 ha (1.00 ac.) Use: Residential Residential 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 1.1.3 Settlement Areas and Section 1.6.6 Sewage, Water and Stormwater are applicable to this application. 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. should be promoted which facilitate intensification, redevelopment anp. 9). Section 1.6.6 Sewage, Water and Stormwater of the PPS contains policies that promote the efficient use and optimizes existing municipal services. Section 1.6.6.5 of the PPS states that partial services (municipal water services and individual on-site sewage services) shall be permitted development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impac 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 (Warminster). A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) 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. In this case, the severed and retained lots will be serviced by municipal water and private septic systems. Section 2.2.9, Rural Areas, is also applicable to this application and Planning Staff is Development Services Committee September 2, 2020 Report No. DS2020-090 Page 3 of 12 Page 333 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... of the opinion that the proposed residential lot is consistent with the Rural Areas policies as the lands subject to this application are located within a rural settlement area(Warminster). Nottawasaga Valley Conservation Authority The entire property is regulated by the Nottawasaga Valley Conservation Authority (NVCA). The NVCA was circulated the consent application and at the time of writing of this report, NVCA comments have yet to be received by Township staff. Committee members should have regard to any NVCA com proposal. County of Simcoe Official Plan Designations) in the Simcoe County Official Plan. Pursuant Official Plan, Warminster is recognized as a settlement area in the Township. Section 3.5 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 (p. 18). In this case, both the severed and retained parcels would have frontages on Merrington Avenue and the lands to be severed will also have frontage on Town Line. policies as the proposed lot is limited in size and is located within a rural settlement area, which is already developed, and therefore it is not anticipated to have any adverse effect on any agricultural uses or environmental features. As of the preparation of this report, Planning 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 intent of the Rural Settlement Area designation is: To maintain and create attractive communities with suitable amenities; and, To ensure that settlement areas are developed in a logical and cost-effective manner. Permitted uses in the Rural Settlement Area designation include, among others, low density residential uses. As indicated in Section A5.2 Servicing in Settlement Areas, it is intended that all new development in Warminster be serviced by municipal water systems and private Development Services Committee September 2, 2020 Report No. DS2020-090 Page 4 of 12 Page 334 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... septic systems in accordance with Section A4 of the Official Plan and that prior to the creation of any new lot in a settlement area that is to be serviced by a private septic system, Council shall be satisfied that the soils are appropriate for the construction and use of a private septic system on the lot. Section C3 Rural Settlement Areas is silent with respect to the severances in the Warminster Settlement Area. policies contained in Section D2 application for consent. The following comments below address the general criteriafor 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 Merrington Avenueand the lands to be severed will also have frontage on Town Line, which are both Township roads maintained year-round. b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The lands do not have access to a Provincial Highway or County Road. c) will not cause a traffic hazard; Conforms: have not identified any traffic safety concerns, but have advised that a 3.0 metre road widening will be required along Town Line for future drainage works in the area. d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Conforms: The subject lands are zoned Residential One Exception 110 and Exception 119 (R1*110*119-law 97- Zoning By-law requires that a Residential One (R1) Zoned lot have a Minimum Lot Frontage of 30 metres, and a minimum lot area of 0.2 hectares. The proposed severed and retained lands comply with the Zoning By-minimum lot frontage and lot area requirements. e) can be serviced with an appropriate water supply and means of sewage disposal; Conforms: Official Plan Section A5.2 Servicing in Settlement Areas, states that servicing in Warminster is by municipal water systems and private septic systems in accordance with Section A4 of the Official Plan and that prior to the creation of any new lot in a settlement area that is to Development Services Committee September 2, 2020 Report No. DS2020-090 Page 5 of 12 Page 335 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... be serviced by a private septic system, Council shall be satisfied that the soils are appropriate for the construction and use of a private septic system on the lot. With respect to water supply, the Township executed a cost sharing agreement in 2012 with respect to the development lands in Warminster and the municipal water system. Pursuant to that agreement, each lot was required to pay $9,302.74 for water system upgrades, as well as require a water meter and a trench inspection. In 2019, the Township completed the 5 year Charges By-law 2019-100 now reflected in Schedule F the required water service charge. Therefore, subject to the further consideration of this application, the require Memorandum of Understanding also reflects this specific Development Charge requirement for the Warminster water services. The requirement for the water meter and trench inspection would not be imposed as conditions of provisional consent but rather would be addressed at the time of building permit construction. f) will not have a negative impact on the drainage patterns in the area; Conforms: The severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. The proposed dwellings on the severed and retains lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission. 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: As proposed, the lands to be retained and severed 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; Conforms: No natural heritage concerns have been identified by Planning Staff in the review of this application. As part of the Zoning By-law Amendment, the applicant had submitted an Environmental Impact Study (EIS) in favour of the rezoning and proposed severance. The entire property is regulated by the Nottawasaga Valley Conservation Authority (NVCA). The NVCA was circulated the consent application and at the time of writing of this report, NVCA comments have yet to be received by Township staff. Committee members should have regard to any NVCA comments that the T proposal. 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. Development Services Committee September 2, 2020 Report No. DS2020-090 Page 6 of 12 Page 336 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... 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 outlined above, it is the opinion of Planning Staff that the application conforms to the policies of Township of Oro-Medonte Zoning By-law 97-95 The subject lands are zoned Residential One Exception 110 and Exception 119 (R1*110*119) -law 97-95, as amended. any other provision in this By-law, the minimum required rear yard is 30 metres (98.4 feet) on the lands denoted by the symbol *110 on the schedules to this By- Exception 119 establishes minimum setbacks for buildings, structures and septic systems from an Environmental Protection (EP) Zone boundary. Specifically a minimum setback of 4.5 metres (14.7 feet) from an interior side lot line serving as the EP Zone boundary and a minimum setback of 7.5 metres (26.2 feet) from a rear lot line serving as the EP Zone boundary.As per Table A1, single detached dwellings are permitted in the Residential One (R1) zone. -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). Both the severed and retained parcels would have frontages and lot areas that meet the requirements of the Zoning By-law and are also well-suited for their proposed residential use. The proposed lot sizes are comparable to other properties in the area and would not be out of character for the neighbourhood. 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, 2019 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services Committee September 2, 2020 Report No. DS2020-090 Page 7 of 12 Page 337 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... 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. 911 Municipal Addressing will need to be adjusted to accommodate as both Lots are currently 2 Merrington Ave. A Driveway Entrance Permit shall be required for the newly created Lot - it may also be required that the current entrance location be adjusted to accommodate both entrances. An additional Water Service shall be required to service the newly created lot. (Fees may apply) Other additional Service Connections (Hydro, Gas, Phone, Cable, etc.) shall be required to service the newly created lot. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application for either / both Lots. Township Building Division No comments. Township Infrastructure and Capital Projects Operations will require a 3.0 road widening along Townline Road. This is required for future drainage works in the area. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Conclusion: is Consent Application 2020-B-20 be approved, specifically to permit the creation of a new residential lot on the lands municipally known as 2 Merrington Avenue, as the application complies with the provisions o-law, and conforms to the A Place to Grow policies, the Official Plans for the County and the Township, is consistent withthe Provincial Policy Statement 2020, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Development Services Committee September 2, 2020 Report No. DS2020-090 Page 8 of 12 Page 338 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Respectfully submitted: Catherine McLean, Planner Approvals: Date: Andria Leigh, Director Development Services August 28, 2020 Development Services Committee September 2, 2020 Report No. DS2020-090 Page 9 of 12 Page 339 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Schedule 1: Location Map Development Services Committee September 2, 2020 Report No. DS2020-090 Page 10 of 12 Page 340 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Schedule 2: Aerial Photo Development Services Committee September 2, 2020 Report No. DS2020-090 Page 11 of 12 Page 341 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Development Services Committee September 2, 2020 Report No. DS2020-090 Page 12 of 12 Page 342 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 19, 2020 1:02 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 02, 2020 (2020-B-20) Broadmoor Homes Teresa Development Engineering has No Objection o the above noted Application. Please Note: 911 Municipal Addressing will need to be adjusted to accommodate as both Lots are currently 2 Merrington Ave. A Driveway Entrance Permit shall be required for the newly created Lot - it may also be required that the current entrance location be adjusted to accommodate both entrances. An additional Water Service shall be required to service the newly created lot. (Fees may apply) Other additional Service Connections (Hydro, Gas, Phone, Cable, etc.) shall be required to service the newly created lot. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application for either / both Lots. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 343 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 19, 2020 11:17 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 02, 2020 (2020-B-20) Broadmoor Homes Teresa Operations will require a 3.0 road widening along Townline Road. This is required for future drainage works in this area. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 344 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Thursday, August 20, 2020 4:38 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, September 02, 2020 (2020-B-20) Broadmoor Homes Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 345 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 346 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 347 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 348 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 349 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 350 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 351 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 352 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 353 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 354 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 355 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 356 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 357 of 1022 7.c) 7:20 p.m. DS2020-90, Catherine McLean, Planner re: Consent Applicat... Page 358 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Report Report No. To: Development Services Prepared By: DS2020-094 Committee Andria Leigh, Director Development Services Meeting Date: Subject: Motion # September 2, 2020 Consent Applications _____________________ 2020-B-21 and 2020-B-22 by Roll #: R.M.S. File #: Fraser McConney and Michele 4346-010-003-38700 D10-58361 McConney and 4346-010-003- 170 and 184 15/16 Side Road 388 East Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-094 be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2020-B-21 to permit a boundary adjustment having a lot frontage of approximately 154.16 metres (496.0 feet), a lot depth of approximately 249.9 metres (819.9 feet) and an area of approximately 5.4 hectares (13.3 acres) to be added to the property located at 184 15/16 Side Road East, subject to the conditions as outlined in Report DS2020-094. 3. The conditions are as follows for Application 2020-B-21: a) That the severed lands be consolidated with the abutting property to the west 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 parcels of land has been conveyed to the owner of the abutting parcel (being 184 15/16 Side Road East), the subject parcels and the said abutting parcel shall be consolidated and become one parcel of land. provided to the Secretary-Treasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identifier Number; b) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; c) That the Applicant transfer to The Corporation of the Township of Oro- Development Services September 2, 2020 Report No. DS2020-094 Page 1of 14 Page 359 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... encumbrances, a minimum of a 3.0 metre road widening along the entire frontage of the severed and retained lands adjacent to 15/16 Side Road East of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the minimum 3.0 metre widening with 15/16 Side 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 Applicant. (: This condition may also be necessary for the purposes of altering the configuration of the benefitting parcels in Consent Applications 2020-B-21 and/or 2020-B- 22 to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate the mergers); d) That the applican conveyance for the parcel severed, for review by the Municipality; e) That the applicant apply for and obtain a Zoning By-Amendment for the benefitting and retained lands to accurately reflect the land uses that occur or will occur on these lands. 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. That the Development Services Committee grant provisional consent to Application 2020-B-22 to permit a boundary adjustment having a lot frontage of approximately 171.6 metres (562.9 feet), a lot depth of approximately 882.7 metres (2895.0 feet) and an area of approximately 30.6 hectares (75.6 acres) to be added to the property located at 184 15/16 Side Road East, subject to the conditions as outlined in Report DS2020-094 4. The conditions are as follows for Application 2020-B-22: a) That the applicant obtain final approval of Consent application 2020-B-21to the satisfaction of the Township of Oro-Medonte. b) That the severed lands be consolidated with the abutting property to the east and that the provisions of Section 50(3) and 50(5) of the Planning Act apply to Development Services September 2, 2020 Report No. DS2020-094 Page 2of 14 Page 360 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcels of land has been conveyed to the owner of the abutting parcel (being 184 15/16 Side Road East), the subject parcels and the said abutting parcel shall be consolidated and become one parcel of land. provided to the Secretary-Treasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identifier Number. c) That the Applicant transfer to The Corporation of the Township of Oro- all liens and encumbrances, a minimum of a 3.0 metre road widening along the entire frontage of the severed and retained lands adjacent to 15/16 Side Road East of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applic see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the minimum 3.0 metre widening with 15/16 Side 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 Applicant. ( This condition may also be necessary for the purposes of altering the configuration of the benefitting parcels in Consent Applications 2020-B-21 and/or 2020-B- 22 to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate the mergers); 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) a copy of the proposed conveyance for the parcel severed, for review by the Municipality; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That the Certificate of Consent be issued utilizing Form 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. 5. And that the applicant be advised of decision under the Secretary- signature. Development Services September 2, 2020 Report No. DS2020-094 Page 3of 14 Page 361 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Background: The lands proposed to be severed, retained and merged are located on the north side of 15/16 Side Road East, between Line 7 North and Line 8 North, and support rural- residential and agricultural uses. The lands to be severed through Application 2020-B- 21 contain one steel out building and are proposed to be merged with the abutting property to the southwest containing a dwelling. The retained lands are vacant. The lands to be severed through Application 2020-B-22 are vacant and are proposed to be merged with the abutting property to the southeast now containing the steel out building and dwelling. The retained lands are vacant. Surrounding land uses predominantly consist rural-residential lands and agricultural lands and the Oro Fairgrounds. (Refer to Schedules 1 and 2). Purpose of Application 2020-B-21: The applicants are requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed Lands to be Total Merged Lands (#3 on Before Retained (#5 on (Being # 3 and #4 on Severance Sketch) and Added to 184 15/16 Severance Sketch): Sketch) Side Road East (#4 on Severance Sketch): Frontage: 154.16 m (496 ft.) Approx. 60.363 m Approx. 221.9 m (198 ft.) (728.2 ft.) Depth: Approx. 249.9 m (819.9 Irregular Irregular ft.) Area: Approx. 5.4 ha (13.3 ac) Approx. 0.80 ha Approx. 5.8 ha (2 ac) (14.3 ac) Use: Agricultural Vacant Agricultural Purpose of Application 2020-B-22: The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed (#2 Lands to be Total Merged Lands Retained (#1 on (Being #2, #3, and #4 Severance Sketch) and Added to 184 15/16 Side Severance Sketch): Before Severance Road East (# 3 and #4 of Sketch) Applicants Before Severance Sketch): Frontage: 171.6 m 80.0 m Approx. 396 m (1301 ft.) Development Services September 2, 2020 Report No. DS2020-094 Page 4of 14 Page 362 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Depth: Approx. 882.7 m (2895 ft.) Irregular Irregular Area: Approx. 30.6 ha (75.6 ha) Approx. 0.80 ha Approx.36.4 ha (2 ac) (89.95 ac) Use: Agricultural/Residential Vacant Agricultural/Residential No new lots are proposed as a result of the two boundary adjustments/lot additions. A before severance sketch and a consolidated severance sketch which identifies the resulting lot boundaries from the two lot addition applications are included in Schedule 3. 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 (2019) 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 de in accordance with the County of Simcoe Official Plan (refer to Schedule 3). designated area aligns with the wetland located at the rear of the property. The Agriculturaladditional steel building and dwelling. Section and consolidation of land holdings may be permitted but shall not be for the purpose of crease applications is to consolidate the lands into one larger agricultural block containing the existing dwelling and steel out building and two vacant parcels for residential purposes. The reconfigured lot lines, would not create new lots as there continue to be three parcels but the boundary adjustments would Development Services September 2, 2020 Report No. DS2020-094 Page 5of 14 Page 363 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... increase the size of the central agricultural parcel, while reducing the other two lotsto smaller sizes for residential use. 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. Township of Oro-Medonte Official Plan The subject lands are designated in accordance with Schedule A Plan (refer to Schedule 4). boundary in the location of the Provincially Significant Wetland; these lands are not affected by the proposed boundary adjustments and continue to be part of the larger consolidated parcel. The policies of the Agricultural 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- may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created \[and\] the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by The lands to be severed through both lot additions/boundary adjustments are currently under cultivation and are suitable for cultivation and the proposed boundary adjustments result in the consolidation of all the agricultural lands into one parcel that can continue to be utilized for agricultural production. Planning Staff is of the opinion that these applications, if approved, will not negatively affecting the functionality or viability of the retained or benefitting parcels. On the basis of the preceding, it i Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Agricultural/Rural (A/RU) and the benefitting lands are zoned Rural Residential Two (RUR2) -law 97- 95, as amended. While the RUR2 zone is considered appropriate for the existing dwelling located on a lot of 0.4 hectares; this lot subsequent to the two lot additions/boundary adjustments (shown as #2 on the after severance sketch on Schedule 3) has a lot area of 36.4 hectares and would be more appropriately zoned in the Agricultural/Rural (A/RU) Zone. Therefore, Planning Staff are recommending a Zoning By-law Amendment as a condition of approval to change the Rural Residential Development Services September 2, 2020 Report No. DS2020-094 Page 6of 14 Page 364 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Two (RUR2) zone to an Agricultural/Rural (A/RU) zone to properly reflect the intended use of the benefitting lands. Table B1 -law requires a minimum frontage of 45 metres and a minimum lot area of 0.4 hectares for residential uses in the Agricultural/Rural Zone. The two retained lands (being #1 and #3 on the After Severance Sketch on Schedule 3) would comply with these Minimum Frontage and Area requirements for residential use. 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 2019 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: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that does not negatively and attributes. Staff is of the opinion that the proposed development is consistent with the Strategic Plan, as it Development Services September 2, 2020 Report No. DS2020-094 Page 7of 14 Page 365 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Development Engineering no objection Building - Applicant to identify all sewage system envelopes on site plan Operation & Community Services - Operations is requiring that a 3.0m road widening be dedicated along the frontage of BOTH the severed, retained and merged parcels. The 15/16 Sideroad has been identified as collector road in the Road Network Plan requiring a 23.0m road allowance. Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Sketches (Before and After) Schedule 4: County Official Plan Schedule 5: Township Official Plan Conclusion: is application, it is recommended that Consent Applications 2020-B-17 and 2020-B-22 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 2019, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Andria Leigh, RPP, Director Development Services Approvals: Date: Andria Leigh, Director of Development Services August 28, 2020 Development Services September 2, 2020 Report No. DS2020-094 Page 8of 14 Page 366 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Schedule 1: Location Map. Development Services September 2, 2020 Report No. DS2020-094 Page 9of 14 Page 367 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Schedule 2 Aerial Photo Development Services September 2, 2020 Report No. DS2020-094 Page 10 of 14 Page 368 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Schedule 3: Proposed Severance Sketches (Before and After) Development Services September 2, 2020 Report No. DS2020-094 Page 11 of 14 Page 369 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Development Services September 2, 2020 Report No. DS2020-094 Page 12 of 14 Page 370 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Schedule 4: County of Simcoe Official Plan Land Use Greenlands Agricultural Development Services September 2, 2020 Report No. DS2020-094 Page 13 of 14 Page 371 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Schedule 5: Township Official Plan Land Use Environmental Protection One Agricultural Development Services September 2, 2020 Report No. DS2020-094 Page 14 of 14 Page 372 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 11:43 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 02, 2020 (2020-B-21 & 2020-B-22) McConney Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 373 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Monday, August 17, 2020 2:44 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 02, 2020 (2020-B-21 & 2020-B-22) McConney Good Afternoon Teresa, The school board has no comment on Consent Application (2020-B-21 & 2020-B-22) McConney. Kind Regards, Janet Porter Senior Planner Page 374 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 11:12 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, September 02, 2020 (2020-B-21 & 2020-B-22) McConney Building Divisions comments are as follows; 1. Applicant to identify all sewage system envelopes on site plan. Thanks, Garry McCartney Chief Building Official Township of Oro-Medonte Page 375 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 8:50 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 02, 2020 (2020-B-21 & 2020-B-22) McConney Teresa Operations is requiring that a 3.0m road widening be dedicated along the frontage of BOTH the severed, retained and merged parcels. The 15/16 Sideroad has been identified as collector road in the Road Network Plan requiring a 23.0m road allowance. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 376 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 2, 2020 9:49 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: McConney Severance 2020-B-21 & 2020-B-22 Good morning, Thank you for the submission of the revised survey drawings with sewage system location. Based on the drawings provided, the Building Division considers these comments/conditions satisfied for the applications 2020-B-21 & 2020-B-22. Thank you, GarryMcCartney Chief Building Official Township of Oro-Medonte Page 377 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Page 378 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Page 379 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Page 380 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Page 381 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... 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Page 392 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Page 393 of 1022 7.d) 7:30/7:40 p.m. DS2020-94, Andria Leigh, Director, Development Servi... Page 394 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Notice of Receipt of Complete Application & Notice of Public Meeting for a Proposed Draft Plan of Subdivision Application: 2020-SUB-01 Applicant: 2639025 Ontario Inc. 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 s website (oro- medonte.ca) for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte received aDraft Plan of Subdivision application that was deemed to be a complete applicationunder the Planning Act,R.S.O. 1990 c. P. 13.on July 8, 2020. Take noticethat the Development Services Committeeof the Township of Oro-Medonte will hold a Public Meeting on Wednesday,September 2,2020at 8:30p.m.The purpose of the Public Meeting is to obtain public comments on aproposed Draft Plan of Subdivisionunder Section 51of the Planning Act, R.S.O. 1990 c. P. 13. The subject landsare comprised of two (2) parcels within the Lake Simcoe Regional Airport Economic Employment District, located east of Line 7North and described as Partsof Lots18 &19,Concession 8(Oro), Township of Oro-Medontebeing 225 and 401 Line 7 North.A key map illustrating the location of the subject lands and a copy of the applicants Draft Plan of Subdivision are included with this notice. The purpose of the proposed Draft Plan of Subdivision is to create a subdivision containing: 4industrial blocks(Blocks 1-4)to be further developed through Site Plan Control and future Draft Plan of Condominium applications ning Justification report outlines the following uses/areas for the proposed blocks: Input on the proposed Draft Plan of Subdivision iswelcome and encouraged. For specific details regarding public participation during the meeting please check the Township websiteat 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 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 atthe public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro- Medonte before the Draft Plan of Subdivision is approvedor refused, the person or public body is not entitled to appeal a decision of the Council of the Township of Oro-Medonte to the Local Planning Appeal Tribunal and may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable groundsto do so. Page 395 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Further details of the application are part of the public record. 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. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process the Township of Oro-Medonte in respect to the application, you must make a written request. Key Map: th Dated at the Township of Oro-Medonte this 11 day of August, 2020. Page 396 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Proposed Draft Plan of Subdivision: Page 397 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Page 398 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 12, 2020 1:58 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Receipt of Complete Application and Notice of Public Meeting - 2020-SUB-01 (2639025 Ontario Inc. - Auto Innovation Park) - Development Services Committee Meeting scheduled for September 02, 2020 Building Division does not have any comments at this preliminary stage. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 399 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... CƩƚƒʹ Kevin.Balkaran@HydroOne.com <Kevin.Balkaran@HydroOne.com> hƓ .ĻŷğƌŅ hŅ LandUsePlanning@HydroOne.com {ĻƓƷʹ Wednesday, August 12, 2020 11:12 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Oro Medonte - Part of Lots 18 and 19, Concession 9 - 2020-SUB-01 Hello, We are in receipt of your Plan of Subdivision application, 2020-SUB-01 dated August 11, 2020. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. \[ğƓķƭγ ƚƓƌǤ͵ the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: http://www.hydroone.com/StormCenter3/ of the map Page 400 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e- mail CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact myself. Thank you, YĻǝźƓ .ğƌƉğƩğƓ University Co-Op Student, Real Estate Department 185 Clegg Road Markham, ON L6G 1B7 Kevin.Balkaran@HydroOne.com www.HydroOne.com Page 401 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 12, 2020 3:58 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Receipt of Complete Application and Notice of Public Meeting - 2020-SUB-01 (2639025 Ontario Inc. - Auto Innovation Park) - Development Services Committee Meeting scheduled for September 02, 2020 Teresa Development Engineering has No Objection to the above noted Application of Subdivision. It should be noted: Detailed Engineering Design will be required / forthcoming as part of the Development Approvals process; as well, individual / site specific servicing design will occur within the development to accommodate the various internal development components. (Specifically the track, buildings, garages, swm, sanitary, roads, water supply and other servicing infrastructure.) Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 402 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 24, 2020 9:03 AM ƚʹ Binns, Shawn <sbinns@oro-medonte.ca>; Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Receipt of Complete Application and Notice of Public Meeting - 2020-SUB-01 (2639025 Ontario Inc. - Auto Innovation Park) - Development Services Committee Meeting scheduled for September 02, 2020 Teresa Operations comments are as follows: 1. Applicant to provide a 3.0m road widening across the entire property 2. It is preferred that entrances to the site align with existing entrances on the west side of Line 7 South 3. The applicant provide 5% parkland dedication or cash in lieu Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 403 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Page 404 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Page 405 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Page 406 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Draft Plan of Condominium applications Page 407 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Page 408 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Page 409 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Area: 212 Acres Frontage: 1.1km on Line 7 North Adjacent Lake Simcoe Regional Airport, 500m north of Highway 11 interchange Growth Plan (LSRAEED) County (Economic Employment District) Township OP (Industrial, Environmental Protection) Township ZBL (Ag/Rural, Economic Development, EP) Challenges: Growth Plan LSRAEED Permitted Uses: Limited to airport facilities and accessory uses, airport-related manufacturing, assembly, maintenance, processing, fabrication, storage and warehousing, airport-related training facilities, research establishments, wholesaling establishments and office uses. Major retail and residential uses are not permitted uses. Page 410 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Page 411 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... I would like my Ministry staff to work with Township and County staff on the associated issues such as land use compatibility with the Lake Simcoe Regional Airport, impacts on the affected landowners and stakeholders and implications for official plan policy and zoning by-laws. In this way, it is my hope that we can arrive at a successful outcome in a timely manner that supports local decision-making and creates investment opportunities and jobs affected landownerimpact Page 412 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Page 413 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... CƩƚƒʹ AL SINCLAIR <alsinclair1009@gmail.com> {ĻƓƷʹ Tuesday, September 1, 2020 8:56 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Notice of Public Meeting (2020-SUB-01) 2639025 Ontario Inc_ Good eveningI do not believe there is near enough information presented in the plan. If I had a guess the owners are planning to open a race track across from the airport. there are no specifics as to what the buildings will contain nor how they will be used. There are no specifics as to under what restrictions the "condos" will be allowed to do. In the past these sort of things turned out to be automotive repair shops . I would ask the council to defer their decisionuntil more information is presented to the public. Thank you Al Sinclair 1009 Lakeshore Rd East Oro Medonte Page 414 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... CƩƚƒʹ AL SINCLAIR <alsinclair1009@gmail.com> {ĻƓƷʹ Tuesday, September 1, 2020 9:10 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Fwd: Notice of Public Meeting (2020-SUB-01) 2639025 Ontario Inc_ It is a race track for richpeople to annoy the residents with another loud obnoxious use surroundingHWY 11 and the Airport lets see the education centre first by a digital system with in-car feedback and digital flagging systems all controlled by sensors) where people who can afford it can drive/race their exotic cars and then leave them there in rented space. Page 415 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Page 416 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Page 417 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Page 418 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... 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Page 439 of 1022 8.a) 8:30 p.m. Notice of Receipt of Complete Application & Notice of Pub... Page 440 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Report Report No. To: Prepared By: DS2020-108 Development Services Derek Witlib, Manager, Committee Planning Services Meeting Date: Subject: Motion # September 2, 2020 Zoning By-law Amendment _____________________ Application 2019-ZBA-23 by Roll #: R.M.S. File #: Skyline Horseshoe Valley Inc. Not Assigned D14-57633 1101 Horseshoe Valley Road West, Part of Lot 1, Concession 4 (Oro) Township of Oro-Medonte Recommendation Requires Action For Information Only X It is recommended: 1. That Report DS2020-108 regarding Zoning By-law Amendment Application 2019- ZBA-23 by Skyline Horseshoe Valley Inc., applying to lands at Part of Lot 1, Concession 4 (Oro), Township of Oro-Medonte, be received and adopted; 2. That Zoning By-law Amendment Application 2019-ZBA-23, that would rezone the subject lands from the from the Future Development Exception 67 (FD*67) Zone to the Village One Exception 318-Holding (V1*318(H)) Zone on Schedule A15 to Zoning By-law No. 97-95, as amended, be approved; 3. That the required Holding (H) Provision not be removed from the zoning of the subject lands until such time as the appropriate Site Plan is approved by the Township, the related Site Pan Agreement is registered and the Township has received the securities identified in the Site Plan Agreement; 4. That the Deputy Clerk bring forward the appropriate Zoning By-law Amendment for consideration; and, 5. And that the applicant be advised of the decision under the Director, Development Services signature. Background: A statutory public meeting regarding the Zoning By-law Amendment application was held on June 3, 2020. Development Services September 2, 2020 Report No. DS2020-108 Page 1of 20 Page 441 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Property Description The subject lands are located within the Horseshoe Valley Resort Node on the south side of Horseshoe Valley Road West. A Location Map is included as Schedule 1 to this report, an Aerial Photo is included as Schedule 2 and a map of the existing zoning is included as Schedule 3. The overall subject lands support a variety of structures and resort uses, including a hotel, condominium units, a restaurant, a ski chalet, ski hills and a golf course. Development Proposal The applicant is proposing to rezone a portion of the resort property adjacent to a constructed pond know as Lake Horseshoe, for the purposes of permitting two (2) proposed 5.5-storey condominium buildings (referred to as Slopeside 1 and 2) with a combined total of 121 residential units and 357 square metres of commercial space. More specifically, each building is proposed to have a floor area of 1287 square metres (13,853 sq. ft.) and be 5.5 storeys in height (5 storeys on north side and 6 storeys on south side). The westerly building is proposed to contain fifty-nine (59) residential units, with 357 square metres (3839 sq. ft.) of at-grade, commercial space (described by the applicant as a restaurant and/or other commercial uses that would contribute to the planned function of the resort). An additional 209.5 square metres (2255 sq. ft.) of terrace sheltered terrace space is proposed overlooking Lake Horseshoe and the ski slopes to the south. The easterly building is proposed to be entirely residential and consist of sixty-two (62) residential units, for a combined total of one hundred and twenty-one (121) residential units between the two buildings. Parking for the development is proposed to consist of 152 underground and surface parking spaces within the proposed development site, including six (6) barrier-free spaces. An additional 29 parking spaces are proposed to be provided external to the site within an existing parking lot located within 50 metres immediately to the north of the site, for a combined total of one hundred and eighty one (181) parking spaces. In the Village One (V1) Zone, parking spaces are required to be located on the same lot as the permitted use or within 200 metres of the permitted use. A conceptual site plan and elevation drawings of the proposed buildings are included in Schedule 4. The applicant has proposed to rezone the lands from the Future Development Exception 67 (FD*67) Zone to the Village One Exception 318 Holding (V1*318(H))to establish the following site-specific provisions: Minimum rear yard setback to stairs 0 metres Minimum rear yard setback to enclosed terrace 2 metres The proposed setbacks would be measured from the zone boundary which would correspond with a future property boundary which the applicant has indicated would be established through a future Plan of Condominium application. Development Services September 2, 2020 Report No. DS2020-108 Page 2of 20 Page 442 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... A copy of the draftZoning By-law Amendment prepared by Planning Staff is included as Schedule 5. The applicant has submitted the following reports/studies to the Township in support of the proposed development: Planning Justification Report, MHBC Planning Ltd., December 2019; Functional Servicing Analysis Letter, WMI and Associates Ltd., December 20, 2019; and, Parking review Letter, JD Northcote Engineering Inc., December 20, 2019. In addition to a future Plan of Condominium application, the proposed development would also be subject to a Site Plan Approval application in order to ensure, among other things, that the development is served by appropriate access and servicing. Analysis: Planning Staff has reviewed the proposed Zoning By-law Amendment application in context to relevant Provincial, County of Simcoe and Township of Oro-Medonte planning policies, as detailed below. Provincial Policy Statement 2014 (PPS) The Provincial Policy Statement 2020 (PPS) provides direction on matters of Provincial interest related to land use planning and development. Section 1.1.3 identifies that Settlement Areas shall be the focus of growth and development and promotes a mix of densities and land uses which, among other considerations, efficiently use land and resources and that are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available. The PPS encourages residential intensification and a range of land uses. The above-noted policies are relevant to this application because the subject lands are located within Horseshoe Valley Resort which is within the designated Rural Settlement Area of Horseshoe Valley. Horseshoe Valley Resort is currently serviced by a private communal water supply system and private communal wastewater treatment system. The resort fronts onto a County road (Horseshoe Valley Road West) from which the resort is accessed by a Township road (Horseshoe Boulevard) that connects to the private road network. The proposed development represents the type of residential and commercial uses that the PPS directs to be located within Settlement Areas with appropriate servicing levels to support the uses. Based development is not fully serviced at this time, but has the ability to be adequately serviced before any development is permitted to proceed. Therefore, Planning Staff concurs s that, Development Services September 2, 2020 Report No. DS2020-108 Page 3of 20 Page 443 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... the proposed development is feasible from a site servicing and stormwater management perspectivehe proposed sewage and water systems will comply with all regulatory requirements, thus protecting human health and the environment. the Proposed ZBA to facilitate the proposed mixed-use condominium development on the Site is consistent with the PPS. Growth Plan for the Greater Golden Horseshoe (2019) and targets to foster development of compact, complete, mixed use communities, including a diverse range and mix of housing options, to promote growth and economic development, social equality and the overall quality of life within settlement areas, while optimizing existing and planned infrastructure and service levels and directing development away from hazardous lands and supporting conservation and environmental and agricultural protection. Planning Staff has analyzed the applicable sections of the Growth Plan below. Section 2.1 supports the achievement of complete communities that feature, among other items, a mixture of land uses, provision of a diverse range and mix of housing options, and a compact built form. Section 2.2 establishes a hierarchy of settlement areas and directs most forms of development to urban growth centres and primary settlement areas that have a delineated built boundary. Since Horseshoe Valley is a Rural Settlement Area without a delineated built boundary and the resort lands are privately serviced (not serviced by existing or planned municipal water and wastewater systems), the Growth Plan says that growth will be limited in such a location. Section 2.2.5 Employment states that economic development and competitiveness will be promoted by ensuring sufficient land exists for employment opportunities to accommodate employment growth and by integrating land use planning and economic development goals and strategies to retain and attract investment and employment. the proposed development would contribute to the mix and range of land uses within the settlement, would promote economic development, and is a level of development that is appropriate for this Rural Settlement Area. The application conforms to the Growth Plan, and this position is supported by the Report that was submitted with the applications. County of Simcoe Official Plan policies of which are similar to those of the PPS. Horseshoe Valley represents the kind of settlement that is described in Section 3.5.7 of the County Official Plan as a and considered to be a rural service centre suitable for a lower density of development and lower potential for intensification than . Development Services September 2, 2020 Report No. DS2020-108 Page 4of 20 Page 444 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... For the same reasons as those discussed above in the Growth Plan section of this management framework set out in Section 3.2 of the County Official Plan. With respect to sewage and water infrastructure, the County Official Plan identifies a preference for development that can be supported by full municipal sewage and water services. However, where municipal services are not provided, municipalities may allow for the use of private communal water and sewage services. Based on the above, s to the County Official Plan, Professional Planner as detailed in the Planning Justification Report that was submitted with the applications. Township of Oro-Medonte Official Plan The subject lands are within the Rural Settlement Area of Horseshoe Valley and are designated Horseshoe Valley Village according to Schedule D Horseshoe ValleyLand Use, which forms part of the Township of Oro-Medonte Official Plan. Section C14.3 contains detailed policies pertaining to Horseshoe Valley including a number of goals and strategic objectives for Horseshoe Valley, which include: encourage the development of the lands within the Horseshoe Valley Resort node for a variety of residential, commercial and recreational uses, primarily on full sewer and water services; and, the role and function of Horseshoe Valley is evolving and that the area will serve as a focus for many forms of development in the future. In the Horseshoe Valley Village designation, permitted uses include a range of commercial uses, including retail stores, business offices, medical clinics, timeshare developments, dining and entertainment lounges, restaurants, fitness centres, pro shops, administrative offices, conference centres and recreational facilities. Medium density forms of residential development, including apartments, are also permitted provided they support the planned function of the Horseshoe Valley Village designation. cation Report states thatThe proposed mixed-use condominium development provides at-grade commercial space within the western other commercial uses that would contribute to the planned function of the resort, as well as additional medium density housing within the resort. Overall, both the commercial and residential components of the Proposed Development contribute towards the planned function of Horseshoe Valley as a multi-use resort facility. Section C14.3.3.2 of the Official Plan outlines the requirement for a Comprehensive designation. This CDP was approved by the Township in 2003 and contemplated, Development Services September 2, 2020 Report No. DS2020-108 Page 5of 20 Page 445 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... among other things, residential condominium development and additional commercial uses, such as the uses currently being proposed by this application. Sections C14.3.1 and C14.3.1.2 recognizes that a considerable amount of additional development may occur in this area and speaks to required improvements to Horseshoe Valley Road (County Road 22) and the intersection (Horseshoe Boulevard) at the entrance into the resort. It is noted the County of Simcoe has undertaken a Municipal Class Environmental Assessment that identified required improvements along Horseshoe Valley Road including a round-a-bout at the intersection of Horseshoe Valley Road and the entrance to the Horseshoe Valley Resort. It is anticipated the ongoing upgrades to Horseshoe Valley Road and the intersection with Horseshoe ValleyResort will be able to accommodate the additional traffic generated by the proposed Development. The County of Simcoe was circulated on this application and has not provided any comments from a planning or traffic standpoint. The County will be further circulated at the time of any future Site Plan Approval or Plan of Condominium applications and will have further opportunity to comment if the County has any requirements or concerns. In summary, Planning Staff finds the proposed Zoning By-law Amendment to conform to the Township of Oro-Medonte Official Plan. Proposed Zoning By-law Amendment Section C14.3.3.4 of the Official Plan directs that lands in the Horseshoe Valley Village designation are to be zoned to permit only uses that existed on the date the Zoning By- law was passed by Council. Accordingly, the subject lands are currently zoned Future Development Exception 67 (FD*67), which permits: existing uses, minor additions and renovations to existing building and structures and several types of resort-related accessory uses, buildings and structures. As stated earlier in this report, the applicant wishes to rezone the proposed development site to a Village One (V1) Exception Zone - Holding. The V1 Zone permits the uses listed in the tables below: Development Services September 2, 2020 Report No. DS2020-108 Page 6of 20 Page 446 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... The proposed residential condominiums and commercial space would comply with the permitted uses of the V1 Zone. The applicant is seeking the following special provisions in the Zoning By-law Amendment: Required Proposed Minimum rear yard: 3 metres 0 metres to stairs 2 metres to terrace The above-noted exceptions apply to the rear yard that would face Lake Horseshoe would not negatively impact the functionality of the proposed buildings and not negatively impact the use of the balance of the resort property. by the Zoning By-law. The appl site, including 6 barrier free parking spaces, and the proposed dedicated 29 Development Services September 2, 2020 Report No. DS2020-108 Page 7of 20 Page 447 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... parking spaces in the external surface parking lot is sufficient to accommodate residential visitor and commercial parking demand for the proposed development while still maintaining sufficient ski parking supply (770 parking spaces) to These parking arrangements comply with the Zoning By-law, including the proposed 29 off-site parking spaces which will be located within 50 metres of the proposed development, well within the 200 metre distance permitted by the Zoning By-law. The parking arrangements are also Parking Review Letter, based on which Planning Staff are satisfied that the proposed development will not negatively impact parking within the balance of the resort property. Functional questions were raised during the June 3, 2020 Public Meeting regarding the manner in which vehicular and emergency access were to be provided to the proposed development. As a result, the applicant engaged in subsequent discussions with Planning, Building, Development Engineering and Fire Department Staff. Included as Schedule 6 is a conceptual access route plan, including secondary emergency access route options, the applicant has prepared to the satisfaction of Township Staff. Precise design details and refinements to the access routes to the satisfaction of the Township would take place at the future Site Plan Approval stage. Based on the policy, zoning and technical analysis contained in this report, Planning Staff recommends approval of the Zoning By-law Amendment 2019-ZBA-23, and has prepared a draft zoning by-law for consideration by the Committee, which is attached as Schedule 5. The by-law would also affix zoning of the lands, which would ensure that no building permit is issued until Council has removed the Official Plan. This would include that the development would first need to obtain Site Plan Approval, including satisfying servicing (water and sewer) and access (vehicular, emergency and pedestrian) design details, including supplying any additional required studies/reports (e.g. detailed engineering drawings, updated functional servicing report and Stormwater management report). Site Plan Control As noted previously, the applicant has not yet submitted a Site Plan Approval Application to the Township which will serve to implement the development proposal. Planning Staff is satisfied that the subject lands are capable of supporting a development of this general nature and that the design details can be appropriately addressed through the Site Plan Approval process. The Site Plan Approval would include the owner entering into a Site Plan Agreement with the Township, the agreement being registered on title, the owner supplying the Township with securities to guarantee the completion of site works. Development Services September 2, 2020 Report No. DS2020-108 Page 8of 20 Page 448 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeals Tribunal (LPAT) and Council chooses to defend Policies/Legislation: Planning Act RSO c.P. 13 Provincial Policy Statement 2014 Growth Plan for the Greater Golden Horseshoe, 2017 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: ic Goals are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. Encourage the protection of ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism are promoted and strengthened. -for- Review by-laws that affect the health and viability of local businesses. Provide leadership in providing municipal services for identified employment and residential developments. Consultations: Notice of the applications were circulated to agencies, Township Departments and to assessed property owners within a 120-metre (400 feet) radius of the resort lands. Notice signs were posted on the property and a statutory public meeting was held on June 3, 2020. The comment received from agencies, departments and the public are summarized below: Department/Agency Comments: Planning Services: Holding (H) provision to remain in place until outstanding development matters are addressed, including servicing, emergency access and Site Plan Approval. Development Services September 2, 2020 Report No. DS2020-108 Page 9of 20 Page 449 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Manager, Development Engineering: No Objection. A fulsome Site Plan Design / Functional Servicing Report (SWM/Water/Sanitary, etc.) and other reports appropriate to the proposed development shall be required in accordance with the T Planning and Development Engineering processes. Environmental Services: Sewage capacity at the Skyline WWTP remains a concern and no further connections are permitted until the MECP approved upgrades (lagoon, flow equalization) are completed. We understand the lagoon is constructed, but not in service and equalization remains outstanding. Building Division: The items of concern would be as follows; 1. Consideration for secondary access routes? 2. Design of access route, including slope to meet. OBC 3.2.5.6. 3. Route and access shall be designed for the appropriate Building classification OBC 3.2.5.4. 4. Water storage required. Fire Department: 1. Secondary Access route required within the resort property for emergency purposes secondary access to be proposed, reviewed and approved by Township as part of the future planning applications for Slopeside condos before final Township approval is obtained 2. Design of access route, including slope to meet. OBC 3.2.5.6. 3. Route and access shall be designed for the appropriate Building classification OBC 3.2.5.4. 4. Water storage required. Operations Division: No comments. Public Comments: Lois Brisbois (by e-mail, May 22, 2020): This is a concerning amendment for the following reasons: The issue of Water services is not resolved. Copeland House purchasers at Horseshoe Resort were never properly informed, even at closing. Is there even capacity for more consumers? The proposed location for Slopeside 2 and 3 will result in heavier vehicle traffic through the middle of the already crowded resort, creating a potential for accidents with pedestrians. Parking is already very tight. Slopeside 1 has no indoor parking at all. The two resorts, Carriage Hills and Carriage Ridge, on Highland Drive, are now being administered by BDO Dunwoody under Court Supervision. It may be that they will end up as condos for sale. How many condos does the area really need? Simcoe Standard Condominium Corporation No. 459 (summary of letter dated June 2, 2020: Development Services September 2, 2020 Report No. DS2020-108 Page 10 of 20 Page 450 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Owners may not have sufficiently been made aware of the proposed Zoning By- Law Amendment; Construction will interfere with quiet enjoyment of the property; Corporation will be impacted financially for ongoing maintenance costs and enjoyment of the property and detriments to investments; Can the existing private well water distribution system sustain the supply of water to an additional 121 residential units and commercial spaces without impact to our property? impact our property? We would ask that this matter before Council be deferred. Horseshoe Valley Property Owners Association (summary of letter dated June 1, 2020): zoning policies and encourage Council to approve this request with the assurance that the following occurs: Sufficient capacity exists for water and wastewater. All the appropriate traffic studies are completed both on County Road 22 and within the resort property. The proponents build into the plan, adequate parking facilities for the increase in visitors and traffic. An appropriate building phasing plan is established so as to not overload the area in new condos. Horseshoe Resort plays a significant role in our community and bring economic benefits to the township. This change in zoning will allow them to build additional accommodation that will increase visitors to the resort and bring more tourism to our Township. The rezoning of these lands to V1 designation will allow for more commercial accommodation and short-term rentals in the areas they belong (in a resort facility). The development should be incorporated into a comprehensive secondary plan. Public Meeting Comments: Members of the Development Services Committee raised questions regarding how vehicular and emergency access through the resort property to the proposed development would be achieved. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Existing Zoning Schedule 4: Conceptual Site Plan and Elevations Schedule 5: Draft Zoning By-law Amendment Schedule 6: Development Services September 2, 2020 Report No. DS2020-108 Page 11 of 20 Page 451 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2019-ZBA-23 be approved to rezone the lands from the Future Development Exception 67 (FD*67) Zone to the Village One Exception 318-Holding (V1*318(H)) Zone, on the basis that the applications are consistent with the Provincial Policy Statement, conform to the Growth Plan, the County Official Plan and the Township of Oro-Medonte Official Plan, and the proposed development represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Director, Development Services August 27, 2020 Development Services September 2, 2020 Report No. DS2020-108 Page 12 of 20 Page 452 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Schedule 1 Location Map Development Services September 2, 2020 Report No. DS2020-108 Page 13 of 20 Page 453 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Schedule 2 Aerial Photo Development Services September 2, 2020 Report No. DS2020-108 Page 14 of 20 Page 454 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Schedule 3 Existing Zoning Development Services September 2, 2020 Report No. DS2020-108 Page 15 of 20 Page 455 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Schedule 4 Conceptual Site Plan and Elevations Development Services September 2, 2020 Report No. DS2020-108 Page 16 of 20 Page 456 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Development Services September 2, 2020 Report No. DS2020-108 Page 17 of 20 Page 457 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Schedule 5 Draft Zoning By-law Amendment Development Services September 2, 2020 Report No. DS2020-108 Page 18 of 20 Page 458 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Development Services September 2, 2020 Report No. DS2020-108 Page 19 of 20 Page 459 of 1022 9.a) DS2020-108, Derek Witlib, Manager, Planning Services re: Zoning By-... Schedule 6 Primary and Secondary Access Routes Development Services September 2, 2020 Report No. DS2020-108 Page 20 of 20 Page 460 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... Report Report No. To: Prepared By: DS2020-109 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # September 2, 2020 Temporary Use Zoning By-law _____________________ Application 2020-ZBA-11 Roll #: R.M.S. File #: by 2041063 Ontario Ltd. 4346-010-012-34400 D14 58161 5071 Highway 11 North Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-109 be received and adopted. 2. That Zoning By-law Amendment Application 2020-ZBA-11 by 2041063 Ontario Ltd. for 5071 Highway 11 North, Township of Oro-Medonte, be approved as recommended by Report No. DS2020-109 to allow a Temporary Use for a period of one (1) year to permit: Buildings Supply Outlets and Showroom, Business Offices, Custom Workshops, Retail Stores accessory to a permitted use, Building Outdoor Storage Uses, Equipment Sales Establishment, Banquet Hall, Recreational Vehicle Sales Establishment (Snowmobiles, 4x4 vehicles), Construction Equipment Sales Establishment, Swimming Pool and Spa Sales Establishment, Dock and Seasonal Sales Establishment, Motor Vehicle Sales Establishment (for a maximum of 50 vehicles), Trailer/Recreational Vehicle Sales Establishment (for a maximum of 135 units), Mobile/Modular Home Sales Establishment (maximum of 5 units), Service Shops Light, Accessory Outdoor Display and Sales (to a maximum of 7 businesses), and Temporary Tents and one (1) Temporary Building. 3. That the Deputy Clerk bring forward the appropriate By- consideration; 4. And that the applicant be advised of decision under the Director, Development Services signature. Development Services September 2, 2020 Report No. DS2020-109 Page 1of 17 Page 461 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... Background: The subject lands are located on the south side of Highway 11 North, west of Line 14 South and have an area of approximately 12.3 hectares (30.5 acres) and a lot frontage of approximately 585 metres (1920 feet) on Highway 11. A Location Map is included as Schedule 1 to this report and Aerial Photos (dated 2016 and 2018) are included as Schedule 2. The lands contain two permanent buildings that are divided into units and used for a number of industrial and commercial purposes. There is also a detached, modular cover-all style building located in the rear of the property that appears to be used for commercial/industrial storage purposes and that was constructed without obtaining the required building permit from the Township. The two permanent buildings have a total floor area of approximately 16,000 square feet. In November 2013, the landowners were granted a Minor Variance (2013-A-46) to add a 347 square metre (3731 square foot) addition to the one 557 square metre (6000 square foot) building for their heating and cooling business which to date, has not been constructed. The Township records include an affidavit from the owner of the property from 1973- 1999 that confirm the use of the property from 1973-75 was an MTO gravel pit, and from 1975-1999 was a commercial logging and lumber operation. Since 1999 the buildings were used for a building supply outlet (window & door sales establishment). On this basis these would be the uses which pre-date the by-law and would continue to be permitted as legal non-conforming uses. It was on this basis that the heating and cooling business which is also defined under the building supply outlet was permitted within the existing buildings. In May of 2013 Council approved By-law 2013-089 to permit on a temporary basis: sales and service establishment for heating, air conditioning, plumbing, and electrical services; fenced compound of U-haul trailers; corporate meeting and special event facilities; and a motor home sales and display establishment. In July of 2013, another request for additional temporary uses was made by the landowner to add Mobile/Modular Home Sales Establishment, Motor Vehicle Sales Establishment (for maximum of 5 vehicles), and Outdoor Displays and a revised temporary use by-law, By-law 2013-205 was approved by Council on July 17, 2013. In November 2013, By-law 2013-119 was approved by Council to add the following additional temporary uses: trailer/recreational vehicle sales establishment (for a maximum of 15 units), and an Auction Centre. In May of 2015 (By-law 2014-072) and again in September of 2017 (By-law 2017-116) Council approved the following temporary uses: Development Services September 2, 2020 Report No. DS2020-109 Page 2of 17 Page 462 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... Buildings Supply Outlets and Showroom, Business Offices Custom Workshops Retail Stores accessory to a permitted use Building Contractors Supply Outlet Auction Centre Warehouses Outdoor Storage Uses Equipment Sales Establishment Banquet Hall Recreational Vehicle Sales Establishment (Snowmobiles, 4x4 vehicles) Construction Equipment Sales Establishment Swimming Pool and Spa Sales Establishment Dock and Seasonal Sales Establishment Motor Vehicle Sales Establishment (for a maximum of 50 vehicles) Trailer/Recreational Vehicle Sales Establishment (for a maximum of 50 units) Mobile/Modular Home Sales Establishment (maximum of 5 units) Service Shops, Light Accessory Outdoor Display and Sales (maximum of 7) On July 14, 2020 the Development Services Committee, after considering Report DS2020-073, adopted Option 1 in the report, which stated: Defer making a decision until the applicant has had the opportunity to advise the Township how he/she wishes to proceed after considering the issues identified in report DS2020- Specifically, the issues identified in Report DS2020-073 were: The number of trailers/recreational vehicles on the site exceeded the maximum of 50 permitted; and The cover-all style building did not have the required Township Building Permit and may have required a Lake Simcoe Region Conservation Authority permit, as the building is located within the LSRCA regulated portion of the property. The 3-year temporary period authorized by By-law 2017-116 will expire on September 6, 2020 and the owner has now applied for another 3-year temporary use by-law. Analysis: Planning Act Section 39 of the Planning Act allows Council to authorize a use on a temporary basis for a period of time not to exceed three years for the date of passing of the by-law. Development Services September 2, 2020 Report No. DS2020-109 Page 3of 17 Page 463 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... Provincial Policy Statement 2020 The Provincial Policy Statement (PPS) has been reviewed with particular emphasis placed on the following sections: Section 1.1.4 Rural Areas in Municipalities, Section 2.1 Natural Heritage and Section 2.3 Agriculture. According to Section 1.1.4 of the PPS, Rural Areas in municipalities are important to the economic success of the Province and healthy, integrated and viable rural areas should be supported by, among other considerations, promoting diversification of the economic base and employment opportunities through goods and services. The intent of the Temporary Use By-law application is to continue to recognize that various commercial and industrial uses have been occurring on the lands over the last 30+ years and that have been permitted by the Township-law on a temporary basis since 2013. Section 2.3.1 provides that Prime Agricultural Areas shall be protected for long-term use. The proposed additional 3-year Temporary Use By-law will not affect the agricultural potential of the lands, which appears to have already been largely negated 30+ years ago due to the way the lands have been used and developed. Section 2.3.6 of the PPS allows planning authorities to permit non-agricultural uses in Prime Agricultural Areas for limited non-residential uses, provided that the following are demonstrated: The land does not comprise a specialty crop area; The proposed use complies with the minimum distance separation (MDS) formulae; There is an identified need within the planning horizon provided for additional land to be designated to accommodate the proposed use; Alternative locations have been evaluated and there are no reasonable alternative locations which avoid prime agricultural areas. The subject lands do not comprise a specialty crop area, the uses and structures do not create any MDS conflicts, and since the proposed uses are existing, an examination of need and alternative locations is not necessary for the purposes of the Temporary Use By-law. Section 2.1.8 of the PPS states that development and site alteration shall not be permitted on adjacent lands to the natural heritage features unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Township has previously supported the temporary uses on the basis that no new development was proposed. Since there is now a recently constructed cover-all style building on the lands, the LSRCA has considered that matter and has advised that the building does not require an LSRCA permit, on the basis that the building is temporary in nature. Based on these Development Services September 2, 2020 Report No. DS2020-109 Page 4of 17 Page 464 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... LSRCA comments, Planning Staff is satisfied that the cover-all style building will have no negative impacts on the wetland or its ecological functions. Based on the above, Planning Staff finds the Temporary Use By-law application to be consistent with the Prime Agricultural Areas and Natural Heritage. A Place to Grow, 2019 A Place to Grow (2019) was approved on May 16, 2019 to replace the 2017 Growth Plan. This plan provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed Temporary Use By-law conforms to permit the existing uses of the lands which permitted by the Growth Plan. 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. Section 4.2.4 (Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features) is applicable to this application because the lands are adjacent to a Provincially Significant Wetland. Since the LSRCA have advised they will not require a permit for the cover-all style building that was constructed within the LSRCA regulated area without permission, Planning Staff is satisfied that it has been adequately demonstrated that there will be no negative impacts on the wetland and that a Natural Heritage Evaluation is not required to satisfy the policies of the Growth Plan. Based on the above, Planning Staff is of the opinion that the application conforms to the Growth Plan. Lake Simcoe Protection Plan (LSPP) The Lake Simcoe Region Conservation Authority (LSRCA) has previously advised in 2017 that portions of the lands contain key natural heritage features and key hydrologic features in accordance with the Lake Simcoe Protection Plan. As such, the LSRCA has previously requested that the temporary use by-law be only applied to the non- environmental area on the subject property. This LSRCA requirement has been implemented by not applying the temporary use permissions to the Environmental Protection (EP) zoned portions of the property. With respect to the unauthorized cover-all style structure on the lands, the LSRCA has advised that since the structure is temporary, a permit is not needed from the LSRCA. Based on the above, the application is consistent with the Lake Simcoe Protection Plan. Development Services September 2, 2020 Report No. DS2020-109 Page 5of 17 Page 465 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... County Official Plan Th Simcoe Official Plan. The proposed uses are not included as permitted uses on the 3.11.19 s 2001 are permitted in every land use designation, and shall be zoned accordingly in the subsequent temporary use by-laws, and considering that the unauthorized cover-all style building is not located within the Greenlands designation, Planning Staff is of the temporary use by-law generally conforms to the County of Simcoe Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated Agricultural and Environmental Protection One and not temporary use by-law as follows: Prior to the approval of a temporary use by-law, Council shall be satisfied that the following principles and criteria are met: a) The proposed use shall be of a temporary nature and shall not entail any major construction or investment on the part of the owner so that the owner will not experience undue hardship in reverting to the original use upon the termination of the temporary use; b) The proposed use shall be compatible with adjacent land uses and the character of the surrounding neighbourhood; c) The proposed use shall not require the extension or expansion of existing municipal services; d) The proposed use shall not create any traffic circulation problems within the area nor e) Parking facilities required by the proposed use shall be provided entirely on-site; f) The proposed use shall not warrant the need for road improvements during the term of the use; and, g) The proposed use shall generally be beneficial to the neighbourhood or the community as a whole. The subject property contains two, long-existing commercial/industrial buildings that are proposed to be utilized for the temporary uses, are accessed from the existing entrance on the Highway 11 overpass. Ministry of Transportation (MTO) has previously stated they have no concerns with the current commercial-industrial use of the site and that it is sufficiently setback from Highway 11. In addition, the MTO has previously approved the signage associated with the current businesses. Planning Staff is not aware of any conflicts with surrounding land uses or of any parking or traffic concerns associated with Development Services September 2, 2020 Report No. DS2020-109 Page 6of 17 Page 466 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... activities on the property. The historical use of the property has not been recognized in the Township planning documents, and a request from the current landowner has been received for Council to consider this request during the updates to the Official Plan and to the Comprehensive Zoning By-law. As previously noted in this report, an additional building (cover-all style) has been established on the property since the last time Council considered the temporary use of the lands in 2017. This building did not obtain the required Building Permit or LSRCA clearance. As the building is a cover-all style structure, its components are modular and the building has the ability to be relatively readily removed or relocated/repurposed elsewhere. Therefore, unlike a permanent structure, the Committee could consider the building to not be major construction or investment and conclude it does not conflict with Section E1.2 (a) of the Official Plan as quoted above. -all structure and advise that an LSRCA permit is not required, and since the location of the building has already been long-since altered and developed, Planning Staff can now conclude that an Environmental Impact Study (Natural Heritage Evaluation) need not be required to satisfy Sections B2.4 (Environmental Protection One) and B3.4 (Environmental Protection Two) of the Official Plan. Based on the above, Planning Staff is of the opinion that the application conforms to the Official Plan. While the applicant has requested another 3-year extension of the Temporary Use by- lawning By-law processes have adequately advanced to the point where a decision of Council on the appropriate designation and zoning of the lands can be reasonably anticipated within one year. Based on the above, Staff recommends that the Temporary Use By-law be approved for one year rather than 3 years as requested. Zoning By-law 97-95 The subject property is currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP). The two permanent buildings and the more recently constructed cover- all style building are located within the Agricultural/Rural (A/RU) Zone. Permitted uses in the A/RU Zone do not include the proposed commercial and industrial uses and therefore a rezoning or temporary use to permit these uses is required. Section 5.18 of Zoning By-Law 97- building or structure shall be used except in conformity with the provisions of this By-law unless such use existed before the date of passing this By-law and provided that it has continued and continues to be used for such purpose, and that such use, when established, was not contrary to a By-law passed under Section 34 of the Planning Act, of Section 5.18 of the Zoning By-law is to ensure that existing non-conforming uses on Development Services September 2, 2020 Report No. DS2020-109 Page 7of 17 Page 467 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... properties in the Township may not be expanded, such that such expansion may result in an increase in a degree of incompatibility or in any adverse impacts, and that such expansion may not take place without appropriate buffering and mitigation of any negative impacts between such a use, and neighbouring land uses. Based on the above, the majority of the current uses of the lands do not have legal non- conforming status under the Zoning By-law and have only been authorized through the Temporary Use By-laws that have been passed with respect to the lands since 2013. Although these Temporary Use By-laws did not specifically prohibit new buildings or structures, the by-laws were passed with the understanding that the applicant was not proposing any new development on the lands. necessary for the Temporary Use By-law to continue to restrict the permitted uses and buildings/structures on the lands. As previously stated in this report, an unauthorized cover-all style building has been constructed on the lands. Although the LSRCA has advised that they do not require a permit for the building, a permit pursuant to the Building Code Act is still required by the Township. To this end, the applicant has recently submitted a Zoning Certificate Application to the Township, which is the requisite pre-cursor to applying for a Building Permit. Planning Staff is now satisfied that the applicant is taking the necessary steps to legalize the building. Modified wording has been proposed in the temporary use by- law to recognize the building on a temporary basis. Planning Staff notes that over the years a number of seasonal tent permits have been issued in association with permitted uses in the lands (e.g. auction centre) and it is appropriate to recognize this tent permission in the Temporary Use By-law. The By-law would also recognize existing structures, including the cover-all style building. With respect to the number of trailers/RVs on the lands, the number is capped at 50 in the existing Temporary Use By-law, whereas the actual number on the lands is significantly higher. The applicant has now requested that the number be increased to 135, representing the existing combination of trailers/RVs for sale and those thatare being stored or serviced. Since it appears that the current number of trailers/RVs on the lands has existed for some time with no identified negative impacts on the lands or on surrounding uses, Planning Staff supports temporarily increasing the number of permitted trailers/RVs from 50 to 135. Planning Staff has prepared a modified Temporary Use By-law (Attached as Schedule 4 and modifications emphasized below in bold in Sections 1 and 3 of the draft by-law) to permit the temporary uses for a period of one year, to provide greater clarity in the by- law, to temporarily recognize the new building, to temporarily permit an increase in the number of trailers/RVs and to permit seasonal tents. Planning Staff Comments Since the Township is currently still in the process of comprehensive updates to the Official Plan and Zoning By-law which would include a review of the subject lands and Development Services September 2, 2020 Report No. DS2020-109 Page 8of 17 Page 468 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... the ability to establish permanent permitted uses, and since those processes are anticipated to be completed within the coming months, Planning Staff is of the opinion that a further 1-year Temporary Use By-law, rather than 3-years, would be appropriate. 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 Growth Plan 2019 Lake Simcoe Protection Plan County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Comprehensive Zoning By-law 97-95 as amended Corporate Strategic Goals: Balanced Growth: Ensure land use planning policies manage change and promote economic activity attributes. that uses that rely on these features such as home-based businesses, recreation, and tourism are promoted and strengthened. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments listed below. Public notice signs were also posted on the subject lands. As of the preparation of this report, no public comments have been received. Agency/department comments received as of the preparation of this report are summarized below. Development Engineering No objection. Lake Simcoe Region Conservation Authority - If the structure is temporary and at this time from the LSRCA. Development Services September 2, 2020 Report No. DS2020-109 Page 9of 17 Page 469 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photos (2016 & 2018) Schedule 3: Provincially Significant Wetland and LSRCA Regulated Area Schedule 4: Draft Temporary Use By-law Conclusion: On the basis of the above, it is recommended that the Development Services Committee approve Application 2020-ZBA-11 to permit a Temporary Use By-law for a period of one year and with the modifications recommended by Staff in this report. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Director, Development Services August 26, 2020 Development Services September 2, 2020 Report No. DS2020-109 Page 10 of 17 Page 470 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... Schedule 1: Location Map Development Services September 2, 2020 Report No. DS2020-109 Page 11 of 17 Page 471 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... Schedule 2: Aerial Photos 2016 & 2018 2016 Aerial Photo Development Services September 2, 2020 Report No. DS2020-109 Page 12 of 17 Page 472 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... 2018 Aerial Photo Development Services September 2, 2020 Report No. DS2020-109 Page 13 of 17 Page 473 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... Schedule 3: Wetlands and LSRCA Regulated Area Development Services September 2, 2020 Report No. DS2020-109 Page 14 of 17 Page 474 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... Schedule 4: Draft Temporary Use By-law Development Services September 2, 2020 Report No. DS2020-109 Page 15 of 17 Page 475 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... Development Services September 2, 2020 Report No. DS2020-109 Page 16 of 17 Page 476 of 1022 9.b) DS2020-109, Derek Witlib, Manager, Planning Services re: Temporary ... Development Services September 2, 2020 Report No. DS2020-109 Page 17 of 17 Page 477 of 1022 9.c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application... Report Report No. To: Prepared By: DS2020-114 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # September 2, 2020 Minor Variance Application _____________________ 2020-A-21 Roll #: R.M.S. File #: Brett and Valerie Gray 4346-020-001-18200 D13-58134 1692 Horseshoe Valley Road West Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-114 be received and adopted. 2. That Minor Variance Application 2020-A-21 by Brett and Valerie Gray, specifically for permission to enlarge an existing agricultural building on the lands municipally known as 1692 Horseshoe Valley Road West, Township of Oro-Medonte, be deferred to allow time for the applicants to address the NVCA concerns. 3. And that the applicants decision under the Secretary- Background: th This application was heard at the July 14 DSC meeting and was deferred in order to allow the applicant time to conduct a scoped EIS in consultation and to the satisfaction of Nottawasaga Valley Conservation Authority (NVCA). Following the Public Meeting, Planning staff discussed with the applicant what is required by NVCA to move forward with the application. Staff directed the applicant to have further discussions with NVCA regarding the EIS requirements. Planning Staff have not received further updates from the applicant or NVCA on this matter. The subject property has a lot area of 19.9 hectares (49.2 acres) and is currently used as a residential lot, as shown in Schedules 1 and 2. The property currently supports a single detached dwelling with an area of 88.9 sq. m. (957.0 sq. ft.) and an agricultural building with an area of 89.2 sq. m. (960 sq. ft.). The applicants are proposing to construct an addition to the existing agricultural building. The applicants are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Development Services September 2, 2020 Report No. DS2020-114 Page 1of 12 Page 478 of 1022 9.c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application... Section 3.1, Table A5 Permitted Uses (Environmental Protection (EP) Zone) Permitted: Proposed: Only existing uses permitted. Addition to existing agricultural No buildings or structures, except those required building located partially within the for flood or erosion control. EP zone. Section 5.16.1(c)(d) Enlargement, Non-complying Structures Required: Proposed: Does not increase a situation of non-compliance. Increase size of building in EP Complies with all other provisions of By-law. Zone. No setback from EP Zone. Section 5.18 - Non-conforming Uses Permitted: Proposed: Buildings or structures existing before November Addition to existing agricultural 5, 1997. building located partially 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 from boundary of EP Zone. metres (98.4 feet) of the boundaries of the Environmental Protection Zone. Section 5.32 Setback from Water Courses Required: Proposed: 30.0 metres (98.4 feet) 25.0 metres (82.0 feet) The applicants 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, 1.1.5 Rural Lands and 3.1 Natural Hazards are applicable to this application. the construction of buildings and structures requiring approval under the Planning Development Services September 2, 2020 Report No. DS2020-114 Page 2of 12 Page 479 of 1022 9.c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application... and Rural Lands sections support limited residential development as well as development that is compatible with and builds upon the rural landscape. The proposed development is consistent with the Rural Area and Lands policies. As per comments received from NVCA (included as Schedule 5), Section 3.1- Natural Hazards has not been met due to the development being located in the floodplain of the nearby watercourse. Planning Staff is of the opinion that this application is consistent with the Rural Areas/Lands policies of the PPS as it is associated with a residential development/use on the property. But the application cannot be considered consistent with the Natural Hazards policy at this time, as Planning Staff have not received further updates or information from the applicant or NVCA on this matter. A Place to Grow, 2019 A Place to Grow (2019) was approved on May 16, 2019 to replace the 2017 Growth Plan. This plan provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed structure conforms to the Rural Areas policies in the Growth Plan 2019 as the lands subject to this application are already on an established residential lot. 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. Section 4.2.3 Key Hydrologic Features have been identified as the proposed construction is within the Plan. Direction from NVCA staff has advised Township staff in their regulatory capacity that the development will require a scoped Environmental Impact Study (EIS) due to the location being within the floodplain as well as the meandering path of the watercourse. Section 2.2.1.2 development will be generally directed away from hazardous lands. Given this statement, the proposed application does not conform to this section of A Place to Grow. Planning Staff is of the opinion that conformity with the Growth Plan cannot be determined at this time until the applicant has addressed potential natural heritage and flood hazard concerns. Development Services September 2, 2020 Report No. DS2020-114 Page 3of 12 Page 480 of 1022 9.c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application... County of Simcoe Official Plan The property is designated Rural Lands and Greenlands Official Plan. The proposed construction is located in the Greenlands designations. 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. However, Section 4.5.9 states that development shall generally be directed to areas outside of hazardous lands adjacent to river, stream and small inland lake systems, which are impacted by flooding hazards and/or erosion hazards. th The County was circulated the subject application for the July 14 meeting and comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. cannot be considered to conform to the County Official Plan until the applicant has addressed potential natural heritage and flood hazard concerns identified through the NVCA comments (see Schedule 5). 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 Oro Moraine Core and Rural Plan. The proposed building will be constructed in the Oro Moraine Core designation. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings, accessory uses as well as existing agricultural uses. Section B1.10.1.4 does not speak to the expansion of an existing agricultural use; however, it does speak to the requirement of an Environment Impact Study (EIS) when a Planning Act approval is required, such as this Minor Variance application. Development Services September 2, 2020 Report No. DS2020-114 Page 4of 12 Page 481 of 1022 9.c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application... Therefore, based on the above, Township Staff require additional information to determine if the requested variances can 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 Agricultural/Rural (A/RU) and Environmental Protection (EP) -law 97-95, as amended. The general intent of the Zoning By-law in requiring a setback from a watercourse (Section 5.32) and EP zone (Section 5.27) as well as limited permitted uses in the EP zone (Section 3.1, Table A5) is for protection of the natural heritage system within the Township and to protect people and property from natural hazards. The setbacks and limited uses allow for a continuous linkage of the natural environment. The existing agricultural building was located within the required setbacks prior to 1997 and therefore is a non-complying structure (Section 5.16.1 (c) (d)) and non-conforming use (Section 5.18). Planning Staff is of the opinion that the requested variances cannot be properly evaluated against the general intent and purpose of the Zoning By-law until such time that additional information is received in the form of a scoped EIS to ensure protection of the natural heritage system and further review by the NVCA. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to standout, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted mature vegetation around the existing agricultural building. The proposed expansion was staked out on the property and there are no trees that will be required to be removed for the construction. The proposed structure will be in keeping with the agricultural character of the area. The proposed structure will not interfere with functional matters such as parking and the septic system. As per comments received from NVCA, the proposed development is located in the floodplain of the nearby watercourse and therefore not appropriate development. Planning Staff have not received further information from the applicant or NVCA on this matter. Based on the above, Planning Staff are unable to fully evaluate whether the proposed development would be considered desirable for the appropriate development of the lot until such time that NVCA comments are addressed through a scoped EIS. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In cannot be determined to be minor at this time, due to the building being located in the floodplain and meander path of the watercourse. Planning Staff will require a scoped EIS Development Services September 2, 2020 Report No. DS2020-114 Page 5of 12 Page 482 of 1022 9.c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application... comments before assessing determine the suitability of the proposed development location and whether the variances are 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, 2019 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the 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 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 scoped EIS requested (see Schedule 5) Development Services September 2, 2020 Report No. DS2020-114 Page 6of 12 Page 483 of 1022 9.c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Schedule 4: ApplicantElevation Plan Schedule 5: NVCA Comments Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-21 be continue to be deferred to allow the applicants time to address the comments received by NVCA dated July 6, 2020. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services August 27, 2020 Andria Leigh, Director, Development Services August 27, 2020 Development Services September 2, 2020 Report No. DS2020-114 Page 7of 12 Page 484 of 1022 9.c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application... Schedule 1: Location map Development Services September 2, 2020 Report No. DS2020-114 Page 8of 12 Page 485 of 1022 9.c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application... Schedule 2: Aerial Photo Development Services September 2, 2020 Report No. DS2020-114 Page 9of 12 Page 486 of 1022 9.c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application... Schedule 3: Applicants Site Plan Development Services September 2, 2020 Report No. DS2020-114 Page 10 of 12 Page 487 of 1022 9.c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application... Schedule 4: Applicants Elevation Plan Development Services September 2, 2020 Report No. DS2020-114 Page 11 of 12 Page 488 of 1022 9.c) DS2020-114, Danielle Waters, Planner re: Minor Variance Application... Schedule 5: NVCA Comments Development Services September 2, 2020 Report No. DS2020-114 Page 12 of 12 Page 489 of 1022 9.d) DS2020-79 Todd Weatherell, Intermediate Planner re: Removal of Hold... Report Report No. To: Prepared By: DS2020-079 Development Services Todd Weatherell Committee Intermediate Planner Meeting Date: Subject: Motion # September 4, 2019 Removal of Holding (H) _____________________ Provision Roll #: R.M.S. File #: 2020-ZBA-12 (David and Terry 4346-030-012-02400 D14- McPhee) 4346-030-012-02402 51 & 55 Line 14 South Township of Oro-Medonte Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-079 be received and adopted. 2. That the removal of the Holding Provision be deferred, pending: a) The Lake Simcoe Region Conservation Authority advising the Township of their acceptance of the Natural Heritage Evaluation; and b) The owner entering into a Site Plan Agreement with the Township to implement the recommendations and mitigation measures contained in the Natural Heritage Evaluation. 3. Development Services signature. Background: The Township has received an application to remove a Holding (H) provision from the zoning of the lands in order to satisfy a condition of consent from application 2017-B-13, which required the applicant to place retained lands that shall not be removed until the completion of a scoped Natural Heritage Evaluation to the satisfaction of the Lake Simcoe Conservation Authority (LSRCA). The applicant has submitted to the Township and to the LSRCA a Natural Heritage Evaluation prepared by Skelton Brumwell and Associates Inc. and dated May 21, 2020. The Natural Heritage Evaluation (NHE) supports the removal of the Holding provision on the basis that no detrimental impacts to the local environment and identified natural heritage features and functions are anticipated, provided that the mitigation measures Development Services Committee September 2, 2020 Report No. DS2020-079 Page 1of 7 Page 490 of 1022 9.d) DS2020-79 Todd Weatherell, Intermediate Planner re: Removal of Hold... recommended in the NHE are implemented. The appropriate mechanism to implement the mitigation measures recommended in the NHE once accepted by the LSRCA is through Site Plan Control as discussed further in this report. Analysis: 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 1.1.4 Rural Areas, Section 1.1.5 Rural Lands, Section 2.1 Natural Heritage and 2.2 Water and 3.1 Natural Hazards are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The applicant has submitted a Natural Heritage Evaluation and therefore, Planning Staff is of the opinion that this application is consistent with the PPS. Places to Grow Growth Plan for the Greater Golden Horseshoe, 2019 A Place to Grow (2019) was approved on May 16, 2019 to replace the 2017 Growth Plan. This plan provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the existing use conforms to the Growth Plan. 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. Section 4.2.4 (Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features) is applicable to this application because the lands are adjacent to a Provincially Significant Wetland. Pursuant to Section 4.2.2.1, a Natural Heritage Evaluation (NHE) was completed to identify that new development or site alteration would not have a negative impact on the features. The applicant has submitted a Natural Heritage Evaluation and therefore Planning Staff is of the opinion that, subject to the LSRC implementation of the recommendations through Site Plan Control, this application conforms to the Growth Plan. County of Simcoe Official Plan Official Plan. The proposed lot was Development Services Committee September 2, 2020 Report No. DS2020-079 Page 2of 7 Page 491 of 1022 9.d) DS2020-79 Todd Weatherell, Intermediate Planner re: Removal of Hold... The County of Simcoe did not oppose the lot creation as part of Application 2017-B-13. 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. Planning Staff Comments The By-law 97-95 as amended, as illustrated on Schedule 3. The applicant has requested to have the Holding Provision removed to allow for future development on the properties. The Hold provision was placed on the properties as part of consent approval and could only be lifted once a Natural Heritage Evaluation (NHE) report was completed to the satisfaction of Lake Simcoe Conservation Authority. The Lake Simcoe Region Conservation Authority was circulated the NHE on July 14, 2020 for review. Circulation of Notice of Hearing was also sent to LSRCA on August 13, 2020. As of writing this report comments have not been received from LSRCA. Township Planning Staff are not professionally qualified to review a Natural Heritage Evaluation (NHE) and rely on the LSRCA and its ecology staff to undertake this review on behalf of the Township. recommendations of the NHE are acceptable and meet Provincial and LSRCA policies. The NHE concluded detached dwelling and appropriate accessory uses and structures are anticipated to have no detrimental impacts to the local environment and identified natural heritage features but contained a number of recommendations, including: No tree removal be permitted along the north boundary of the subject lands; Any expansion of the dwelling be located no closer than 8m to north lot line (the existing minimum separation); and Any accessory buildings or structures be located a minimum of 15 m from the north lot line. mechanism that the Township has at its disposal to implement the above-noted measures is for the owner to obtain Site Plan Approval from the Township, including entering into a Site Plan Agreement that would be registered against the title of the lands, wherein the owner would agree to abide by the above-noted development restrictions. Subject Approval from the Township, the application to remove the Holding Provision would be consistent with the Provincial Policy Statement, conform to the Growth Plan, the County Official Plan and the Township of Oro-Medonte Official Plan, and would be considered good planning. Financial / Legal Implications / Risk Management: Development Services Committee September 2, 2020 Report No. DS2020-079 Page 3of 7 Page 492 of 1022 9.d) DS2020-79 Todd Weatherell, Intermediate Planner re: Removal of Hold... Not applicable. Policies/Legislation: Planning Act RSO c.P. 13 Provincial Policy Statement 2020 Growth Plan for the Greater Golden Horseshoe, 2019 Lake Simcoe Protection Plan County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: The application is consistent with the following strategic direction: Balanced Growth ensure land use policies manage change and promote economic . Consultations: Enbridge Gas Inc.: Not object to the proposed application however, we reserve the right to amend our development conditions. Simcoe County District School Board: The school board has no comment on the Intention to Remove Hold Provision for application: 2020-ZBA-12. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Existing Zoning Conclusion: Planning Staff recommends that the removal of the Holding Provision be deferred, pending the Lake Simcoe Region Conservation Authority acceptance of the Natural Heritage Evaluation and the owner entering obtaining Site Plan Approval from the Township to implement the recommendations and mitigation measures contained in the Natural Heritage Evaluation. Respectfully submitted: Development Services Committee September 2, 2020 Report No. DS2020-079 Page 4of 7 Page 493 of 1022 9.d) DS2020-79 Todd Weatherell, Intermediate Planner re: Removal of Hold... Todd Weatherell, RPP, CPT Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services August 27, 2020 Andria Leigh, Director Development Services August 28, 2020 Development Services Committee September 2, 2020 Report No. DS2020-079 Page 5of 7 Page 494 of 1022 9.d) DS2020-79 Todd Weatherell, Intermediate Planner re: Removal of Hold... Schedule 1: Location Map Schedule 2: Aerial Photo Development Services Committee September 2, 2020 Report No. DS2020-079 Page 6of 7 Page 495 of 1022 9.d) DS2020-79 Todd Weatherell, Intermediate Planner re: Removal of Hold... Schedule 3: Existing Zoning Development Services Committee September 2, 2020 Report No. DS2020-079 Page 7of 7 Page 496 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Report Report No. To: Prepared By: DS2020-082 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: Subject: Motion # September 2, 2020 Draft Plan Revision Application _____________________ 2013-SUB-01 and Roll #: R.M.S. File #: Zoning By-law Amendment 4346-010-008-21702 D12 43950 Application 2019-ZBA-19 by D14-57332 Eagles Rest Estates Inc. 1552 Bass Lake Sideroad West Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2020-082 regarding a Zoning By-law Amendment and revisions to Draft Approved Plan of Subdivision, applying to lands legally described Concessions 3 and 4 (Oro), Part Lot 5, RP;51R37221, Parts 3 and 4, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2019-ZBA-19 by Eagles Rest EstatesInc. be approved, specifically to: a) Replace the Residential One (R1) Zone and Rural Residential One Exception 262 (RUR1*262) Zone with two new Residential One Exception Zones: - R1*319: minimum lot frontage of 20 m. and minimum lot area of 900 sq. m. - R1*320: minimum lot frontage of 25 m. and minimum lot area of 990 sq. m. b) Adjust the boundaries and locations of the Open Space (OS) Zone and Open Space Exception 263 (OS*263) Zone for the purposes of the relocation/reconfiguration of sewage treatment and pumping station blocks and the relocation of open space and parkland blocks; and c) Revise the street network on Schedule A15 to Zoning By-law No. 97-95, as amended, to permit two-hundred and eight (208) residential lots. 3. That revised Conditions of Draft Plan Approval for Eagles Rest Estates 2013-SUB-01 be approved. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 1 of 29 Page 497 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... 4. That the appropriate notice of the changes of the conditions of draft plan approval be provided in accordance with the Planning Act, R.S.O. 1990, c.P.13. 5. That the Clerk bring forward the appropriate By-law (By-law No. 2020- consideration; and 6. That the applicant be advised of decision under the Director, Development Services signature. Background: The lands subject to this application are located in Concessions 3 and 4 (Oro), Part Lot 5, RP; 51R37221, Parts 3 and 4, Township of Oro-Medonte on the north side of Bass Lake Sideroad West, between Line 2 North and Line 3 North, comprising 45.77 hectares (113.10 acres) of land. The former Edgar Occupational Centre was developed as a radar base in 1952. In the early 1960's, the property was transferred to the Management Board Secretariat to be utilized as a residential and occupational facility for adults with development disabilities. This usage for the property included the following facilities: 84 single detached dwellings units, a group housing structure, two office buildings, a recreational hall, a food services building, hospital, church, school, several maintenance and outbuildings, and an established road network. The development on the property was serviced with communal water and sewage facilities. This occupational centre was utilized in this capacity until March 1999 when the facility closed and residents were integrated into the community. The property has been the subject of the following Planning matters: Subdivision Application 2013-SUB-01 was draft-approved by Council on August 13, 2015 to permit 106 single-detached residential lots, 13 Blocks and 7 streets. Zoning By-law Amendment Application 2013-ZBA-01 was granted by Council on August 13, 2015 to re-zone the subject lands from the Agricultural/Rural (A/RU) and Institutional (I) Zones to the Residential One (R1), Rural Residential One Exception 262 (RUR1*262), Open Space (OS) and Open Space Exception 263 (OS*263) Zones. Conditions of Draft Plan Approval were originally approved by Council in 2015 and subsequently extended by Council in 2018 for a 3-year period ending on February 15, 2021. The Township held a public meeting as required under the Planning Act on January 8,2020 to obtain public and agency comments regarding the proposed Zoning By-law Amendment and associated revisions to the draft plan. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 2 of 29 Page 498 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... The purpose of this report is to present a revised Zoning By-law Amendment and amended draft plan conditions and questions raised at the public meeting from residents, Township staff and agencies at the January 8, 2020 meeting. Development Proposal The purpose of this report is to consider a Zoning By-law Amendment application and revisions to a draft plan of subdivision requested by Eagles Rest Estates Inc. to: Increase the number of lots from 106 single detached residential lots to 208 single detached residential lots; Replace the Residential One (R1) Zone and Rural Residential One Exception 262 (RUR1*262) Zone with two new Residential One Exception Zones: R1*319: minimum lot frontage of 20 m. and minimum lot area of 900 sq. m.; R1*320: minimum lot frontage of 25 m. and minimum lot area of 990 sq. m. Adjust the boundaries and locations of the Open Space (OS) Zone and Open Space Exception 263 (OS*263) Zone for the purposes of the relocation/ reconfiguration of sewage treatment and pumping station blocks and the relocation of open space and parkland blocks. Revise the street network. A map depicting the location of the subject lands is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. A copy of the applicants proposed Draft Plan of Subdivision is included as Schedule 3. The applicant has submitted the following documents/information to the Township in support of the proposed development: Planning Justification Report, Innovative Planning Solutions, July, 2020; Functional Service Report, Gerrits Engineering Limited, August 2019; Traffic Impact Study update, Gerrits Engineering Limited, December 2019; Public Meeting Response, Innovative Planning Solutions, July 2020; and Draft amendment to the Zoning By-law. submitted a letter dated July 14, 2020 (included as Schedule 7) that includes a response matrix to the technical and public comments that have been received. This report reviews the comments made by agencies and the public with respect to the application during the public consultation process and provides recommendations to Council with respect to the Zoning By-law Amendment application. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 3 of 29 Page 499 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Analysis: Planning Staff has reviewed the proposed Zoning By-law Amendment application and revisions to the draft approved plan in the context to relevant Provincial, County of Simcoe and Township of Oro-Medonte planning policies, as detailed below. Provincial Policy Statement 2020 (PPS) The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Planning applications are required to be consistent with the Provincial Policy Statement (PPS) and provides a policy basis to guide land use planning in the Province. The Provincial Policy Statement (PPS) has been reviewed relative to the application with particular importance on the following sections: Section 1 of the PPS focuses on the health and resilience of Ontario Communities and Section 1.1 contains policies for managing and directing land use to achieve efficient and resilient development and land use patterns, and states: livable appropriate affordable and market-based range and mix of residential types (including single detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long- specifically: Section 1.1.5.2 permitted uses areresidential development, including lot creation thatis locally appropriate Section 1.1.5.3 Recreational, tourism and other economic opportunities should be promoted. planned or available, and avoid the need for the unjustified and/or uneconomical expansion of Section 1.4.1 To provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area, planning authorities shall: a) maintain at all times the ability to accommodate residential growth for a minimum of 15 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 4 of 29 Page 500 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... b) maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. Section 1.4.3 Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents of the regional market area by: a) establishing and implementing minimum targets for the provision of housing, which is affordable to low, and moderate income households and which aligns with applicable housing and homelessness plans. However, where planning is conducted by an upper-tier municipality, the upper-tier municipality in consultation with the lower-tier municipalities may identify a higher target(s), which shall represent the minimum target(s) for these lower-tier municipalities; b) permitting and facilitating: 1. all housing options required to meet the social, health, economic and well-being requirements of current and future residents, including special needs requirements and needs arising from demographic changes and employment opportunities; and 2. all types of residential intensification, including additional residential units, and redevelopment in accordance with policy 1.1.3.3; c) directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; d) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; e) requiring transit-supportive development and prioritizing intensification, including potential air rights development, in proximity to transit, including corridors and stations; and f) establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Section 1.5.1 Healthy, active communities should be promoted by: a) planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity; b) planning and providing for a full range and equitable distribution of publicly accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails and linkages, and, where practical, water-based resources; Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 5 of 29 Page 501 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... c) providing opportunities for public access to shorelines; and d) recognizing provincial parks, conservation reserves, and other protected areas, and minimizing negative impacts on these areas. Section 1.6.1 Infrastructure and public service facilities shall be provided in an efficient manner that prepares for the impacts of a changing climate while accommodating projected needs. Planning for infrastructure and public service facilities shall be coordinated and integrated with land use planning and growth management so that they are: a) financially viable over their life cycle, which may be demonstrated through asset management planning; and b) available to meet current and projected needs. Section 1.6.3 Before consideration is given to developing new infrastructure and public service facilities: a) the use of existing infrastructure and public service facilities should be optimized; and b) opportunities for adaptive re-use should be considered, wherever feasible. Section 1.6.6.3 Where municipal sewage services and municipal water services are not available, planned or feasible, private communal sewage services and private communal water services are the preferred form of servicing for multi-unit/lot development to support protection of the environment and minimize potential risks to human health and safety. Section 1.6.6.7 Planning for stormwater management shall: a) be integrated with planning for sewage and water services and ensure that systems are optimized, feasible and financially viable over the long term; b) minimize, or, where possible, prevent increases in contaminant loads; c) minimize erosion and changes in water balance, and prepare for the impacts of a changing climate through the effective management of stormwater, including the use of green infrastructure; d) mitigate risks to human health, safety, property and the environment; e) maximize the extent and function of vegetative and pervious surfaces; and f) promote stormwater management best practices, including stormwater attenuation and re- use, water conservation and efficiency, and low impact development. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 6 of 29 Page 502 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Section 2.1.1 Natural features and areas shall be protected for the long term. Section 2.1.2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. The proposed increase in the number of lots from 106 to 208 will help support the feasibility of the planned infrastructure, and the changes will provide a mix of different lot sizes that will help provide flexibility on cost of such lots. The proposed increase in the number of lots to the draft plan does not change the use, built form (single detached dwellings) or limits of the previously approved development. Planning Staff is of the opinion that the proposed Zoning By-law Application and related draft plan revisions are considered to be consistent with the Provincial Policy Statement, 2020. The proposed development is compatible the surrounding land uses, as was the previous approved Draft Plan in 2015. The revised plan will provide residential development with access to public parks and links to open spaces, and based on the supporting technical studies it can be supported by the proposed internal infrastructure and the surrounding road network, without negatively affecting natural systems or water quality or quantity. Growth Plan for the Greater Golden Horseshoe (2019) The subject Application has been reviewed by Planning Staff with respect to the Places to Grow policies of the Province. Specific policies that support the proposal that have been evaluated are: Section 2.2.1 on Managing Growth generally directs development to Settlement Areas, except where the policies of this Plan permit otherwise. The property is not located within a Settlement Area but Section 2.2.9(6) allows for new multiple lots or units for residential development to be directed to settlement areas, but may be allowed on rural lands in site-specific locations with approved zoning or designation in an official plan that permitted this type of development as of June 16, 2006. The lands are considered rural lands and have been as of June 16, 2006 which permits this type of development. Section 4.2.2.4 provides that Provincial mapping of the Natural Heritage System for the Growth Plan does not apply until it has been implemented in the applicable upper- or single-tier official plan. Until that time, the policies in this Plan that refer to the Natural Heritage System for the Growth Plan will apply outside settlement areas to the natural heritage systems identified in official plans that were approved and in effect as of July 1, 2017. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 7 of 29 Page 503 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Section 6.2 Growth Forecasts In accordance with policy 5.2.4.3, lower-tier municipalities in the County will use the population and employment forecasts for planning and managing growth in the Simcoe Sub-area to 2031. It is anticipated that the Township of Oro-Medonte will increase to a population of 27,000 by 2031 according to population forecast in Schedule 7 of the Places to Grow Act. The 208 residential lots will help achieve these targets within an area that is already been approved for residential development. proposal is in conformity with the Growth Plan,as the property was previously approved for residential development of 106 lots and with the increase in the number of lots to 208 will help achieve the growth forecasts for Simcoe County and the Township of Oro-Medonte. County of Simcoe Official Plan The subject lands are designated Rural and in the County of Simcoe Official Plan. 3.7.10 Development in rural areas should wherever possible be designed and sited on a property so as to minimize adverse impacts on agriculture and to minimize any negative impact on significant natural heritage features and areas and cultural features. Section 3.7.11 requires that New multiple lots and units for residential development be directed to settlement areas and may be allowed in rural areas in site-specific locations with approved zoning or designation that permits this type of development in local municipal official plans, as of June 16, 2006. Local municipal official plans may continue to recognize this type of development permitted under this policy and provide appropriate policies for development. The subject property currently has site-specific designation and zoning to permit residential Draft Plan of Subdivision and Zoning By- The Greenlands would appear to be located adjacent to the proposed residential lots within the draft plan of subdivision. Most of these lands are already zoned Institutional (I) and will remain Institutional (I) which permits public parks. Section 3.8.8 of the County Official Plan speaks to the opportunities for natural heritage enjoyment and appreciation and for recreational and tourism uses in keeping with the Greenlands objectives that foster healthy and liveable communities and enhance the sense of place and quality of life that characterize the County. Therefore, it is Plann-law to permit the revised subdivision maintains the general intent and conforms to the County of The County of Simcoe was 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 Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 8 of 29 Page 504 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Township of Oro-Medonte Official Plan The Township's Official Plan provides the basis for considering all growth and development in the Township and for protecting the Township's natural heritage system. The Plan establishes a vision for the Township, which is intended to preserve the quality of life, protect the rural character and natural heritages features, and maintain the open countryside, whichmakes up the Township. The rural area is considered to be an asset to the community and it is the intent of the Official Plan to protect this by only encouraging development in the rural area that is compatible with the open space and natural character of the area. The subject property as stated is designated "Edgar Centre Special Policy Area" by the Official Plan. The permitted uses within this designation include: Institutional uses such as schools, places of worship, community centres, cultural centres, low and medium density residential uses and recreational uses. The intent of the Township's Official Plan policies is to ensure that any residential use ofthe property is to be planned on a comprehensive basis, that it be designed to be self-contained including accessory uses that are primarily utilized by the residents of the special policy area. The Official Plan requires that prior to development the lands within the Edgar Centre Special Policy Area lands be the subject of a Comprehensive Development Plan (CDP) to deal with such issues as: a) the proposed form of servicing; b) the nature, extent and timing of improvement to abutting roads; c) the proposed phasing of development and/or redevelopment; d) the proposed form, scale and density of development; e) the impact of new development on the groundwater recharge function in the area; and f) the potential for partnerships with the Township for shared use of the existing facilities. In December 2012, a comprehensive draft plan of subdivision and zoning by-law amendment application package that was submitted to the Township, including a series of technical reports as outlined in this report as required by the policies. A revised submission and studies were received in June 2014 and following public consultation and agency review, it was determined that the submissions . As a result, Draft Plan and Zoning approvals were granted by Township in 2015 to permit a total of 106 residential lots with varying frontages and areas, to be serviced by private communal water and sanitary sewer services. The revised proposal for 208 residential lots is supported by additional studies consisting of: a planning justification report, functional servicing report, and a traffic impact study, which update the original components of the CDP, thus maintaining conformity with the Official Plan and the requirement for the CDP in this regard. The revised proposal will also utilize the same two public road connections (on Bass Lake Sideroad and on Line 3 North) that were previously approved. The changes to the development through the increase in the number of lots and re-alignment of the internal road network are changes that are Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 9 of 29 Page 505 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... predominantly internal to the site. Irevised proposal maintains the same compatibility with the rural character of the area as did the original development. The Official Plan states Development within the Edgar Centre Special Policy Area shall occur by way of full sewer and water services. Previous approvals granted a private communal sewage treatment plant, private communal water system and on-site stormwater management pond. The applicant has advised staff that for the purposes of the amendment to the existing Environmental Compliance Approvals (ECAs), the water and sewer systems will beoperated in the interim as a private servicing organization. Discussions with the Municipality and the owners will be ongoing with the expectation that at some point the ownership and operation of the systems will be transferred to the Township once the systems are operational and operating at design values to ensure compliance. In based on the above that the application conforms to the Township of Oro- Medonte Official Plan. Proposed Zoning By-law Amendment The subject property is currently zoned R1, RUR1*262, OS and OS*263. See Schedule4 for current zoning as it applies to the subject lands. A Zoning By-law Amendment is required to accommodate the residential units as proposed on the lands with two residential zones proposed, including *319 and *320 zones. Exceptions for the R1*319 zone includes minimum frontage of 20m and minimum areas of 900 square metres. Exceptions for the R1*320 zone includes minimum frontages of 25 metres and minimum areas of 990 square metres. The reduced lot area and frontages continue to provide adequate area and frontage for properties to accommodate a dwelling unit recognizing that the lots are serviced through a private communal water and sewage system and would be consist with other settlement areas also reflecting these forms of communal servicing. All other R1 setback requirements are meet by both proposed residential zones. In conclusion, based on the preceding, Planning Staff recommends that the application be approved and that a Zoning By-law Amendment be passed in the form that is attached as Schedule 5 to this report. Plan of Subdivision: A comprehensive review of all of the supporting reports and the agency comments was undertaken as part of the previous approval process in developing a series of draft plan conditions that would apply to the property. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 10 of 29 Page 506 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... While many of the draft plan conditions are standard conditions that would apply to any subdivision in the Township, these conditions have been updated and included as Schedule 6 to this report. It should be noted that the conditions require either a 5% land dedication for parkland or cash- in-lieu of parkland. The subdivision has provided parkland to a size that is satisfactory to the Operations Department, as well as cash in-lieu will also be provided to offset the reduced parkland that was provided as part of the revised plan of subdivision. In consultation with the Operations and Community Services Department, the developer has agreed to provide a Park Block with a lot area of 1.09 hectares (2.7 acres) and working with the Township to develop a master plan for the park. With respect to the two road connections on Bass Lake Sideroad and on Line 3 North, the community had expressed a number of traffic related concerns. Township Operations Staff have reviewed the applicantoncurred with the findings that the intersections of Bass Lake Sideroad West with Line 3 North will continue to offer good levels of service, no improvements are required to accommodate future conditions and the intersections provide additional reserve capacity which would accommodate additional growth in the area. Township Operations Staff have not identified any concerns with the proposed new intersection locations and suitable sight lines, but Operations Staff have requested the conveyance of road widenings along both Bass Lake Side Road and Line 3 North and daylight triangles, which would be implemented through the detailed design and subdivisionagreement processes. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of Council be appealed to the Local Planning Appeal Tribunal and Council chooses to defend its decision. 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 Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 11 of 29 Page 507 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Balanced Growth: Ensure land use planning policies manage change and promote economic activity that ge features and attributes. 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: Agency/Department Comments: Building Division No comments. Development Engineering No Objection to the above noted Application. Detailed comments regarding Servicing / Grading / Road Network design will be made at the time of Subdivision Design submission. Nottawasaga Valley Conservation Authority The subject property is not regulated Wetlands and Alterations to Shorelines and Watercourses Regulation. Permits are not required from NVCA prior to construction or grading on this property. The NVCA provides review comments on this application as a commenting body and in accordance with the MOU in place with the Township of Oro-Medonte. We advise that we have no objection to the proposed zoning changes, provided the applicant can confirm that the stormwater management design can accommodate an increase in impervious surface area and any other considerations related to the proposed increase in lot density. Enbridge Gas Inc. - does not object to the proposed application however, we reserve the right to amend our development conditions. Simcoe County District School Board - Planning staff have no objection to this developme standard conditions, as indicated below, be included: That the owner(s) agree in the Subdivision Agreement to include in all Offers of Purchase and Sale a statement advising prospective purchasers that accommodation within a public school in the community is not guaranteed and students may be accommodated in temporary facilities; including but not limited to te school within or outside of the community. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 12 of 29 Page 508 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... That the owner(s) agree in the Subdivision Agreement to include in all Offers of Purchase and Sale a statement advising prospective purchasers that if school buses are required within the Subdivision in accordance with Board Transportation policies, as may be amended from time to time, school bus pick up points will generally be located on the through street at a location as determined by the Simcoe County Student Transportation Consortium. Public Comments (written and Public Meeting): Concerns with the increase in the number of lots proposed. Issues with vehicle traffic on Line 3 North and Bass Lake Sideroad. Tree preservation to maintain the rural character. A more detailed summary and set of responses to the comments received has been prepared Schedule 7 to this report. Planning staff has reviewed this document and finds that the consultant responses are adequate and supported by Township Planning Staff. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Proposed Draft Plan Schedule 4: Existing Zoning Schedule 5: Proposed Zoning By-law Schedule 6: Revised Conditions of Draft Plan Approval Schedule 7: Innovative Planning Solutions - Public Meeting Response Materials Conclusion: The Zoning By-law Amendment and revisions to the draft plan are proposing to: Permit the creation of two-hundred and eight (208) residential lots from one-hundred and eight (108) lots. Replace the Residential One (R1) Zone and Rural Residential One Exception 262 (RUR1*262) Zone with two new Residential One Exception Zones: - R1*319: minimum lot frontage of 20 m and minimum lot area of 900 sq. m. - R1*320: minimum lot frontage of 25 m and minimum lot area of 990 sq. m. Adjust the boundaries and locations of the Open Space (OS) Zone and Open Space Exception 263 (OS*263) Zone for the purposes of the relocation/ reconfiguration of sewage treatment and pumping station blocks and the relocation of open space and the creation of a parkland block. Revise the street network. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 13 of 29 Page 509 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... The proposed Zoning By-law Amendment application and draft plan revisions are consistent with the Provincial Policy Statement, conforms to the Growth Plan, the County Official Plan and the Township of Oro-Medonte Official Plan and is considered good planning. It is recommended that Zoning By-law Amendment Application 2019-ZBA-19 and revisions to Draft Plan of Subdivision 2013-SUB-01 be approved and that By-law No. 2020-088 be passed by Development Services Committee. Respectfully submitted: Todd Weatherell, RPP, CPT, Intermediate Planner Approvals: Date: Derek Witlib, Manager, Planning Services August 28, 2020 Andria Leigh, Director, Development Services August 28, 2020 Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 14 of 29 Page 510 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Schedule 1: Location Map Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 15 of 29 Page 511 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Schedule 2: Aerial Photo Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 16 of 29 Page 512 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Schedule 3: Proposed Draft Plan Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 17 of 29 Page 513 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Schedule 4: Existing Zoning Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 18 of 29 Page 514 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Schedule 5: Proposed Zoning The Corporation of the Township Of Oro-Medonte By-Law No. 2020-088 A By-law to amend the zoning provisions which apply to lands at East Half of Lot 5, Concession 3, Part of the West Half of Lot 5, Concession 3, part of Lot 5, Concession 4, and Part of the Road Allowance Between Concessions 3 and 4, 1552 Bass Lake Side Road West,12 (Oro) Township of Oro-Medonte 2019-ZBA-19 (Eagles Rest Estates) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 and 36 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. -law 97-95, as amended, is hereby further amended by changing the zone symbols applying to the lands located in East Half of Lot 5, Concession 3, Part of the West Half of Lot 5, Concession 3, part of Lot 5, Concession 4, and Part of the Road Allowance Between Concessions 3 and 4, 1552 Bass Lake Side Road West,12 (Oro), Township of Oro-Medonte, from Residential One (R1) Zone and Rural Residential One Exception 262 (RUR1*262) Zone, Open Space (OS) Zone and Open Space Exception 263 (OS*263) to Residential One Exception 319 Holding (R1*319(H)) Zone, Residential One Exception 320 Holding (R1*320(H)) Zone, Open Space (OS) Zone and O attached and forming part of this By-law. 2. Notwithstanding Table B1 of Zoning By-law 97-95, single detached dwellings on lands zoned Residential One Exception 319 (R1*319) shall be permitted the following provisions: 900.0 m2 20.0 m 7.5 m 4.5 m 2.5 m mum Rear Yard 7.5 m 90 m2 11.0 m Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 19 of 29 Page 515 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... 3. Notwithstanding Table B1 of Zoning By-law 97-95, single detached dwellings on lands zoned Residential One Exception 320 (R1*320) shall be permitted the following provisions: 990.0 m2 25.0 m 7.5 m 4.5 m 2.5 m 7.5 m 90 m2 11.0 m 4. -law No. 2020-088 is declared to form a part of this By-law. 5. That the Holding Provision shall not be removed until the appropriate Plan of Subdivision has received final approval from the Township and has been registered, the related Subdivision Agreement has been executed and registered and the Township has received all of the transfers, payments and securities identified in the Subdivision Agreement. 6. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. nd By-Law read a First, Second and Third Time, and Passed this 2 Day of September, 2020. The Corporation of the Township Of Oro-Medonte _____________________________ Mayor, H.S. Hughes ____________________________ Deputy Clerk, Janette Teeter Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 20 of 29 Page 516 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 21 of 29 Page 517 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Schedule 6: Revised Draft Plan Conditions Recommended Conditions of Draft Plan Approval this subdivision are as follows: No. Conditions 1. That this approval applies to the draft plan 2013-SUB-01 prepared by Innovative Planning Solutions dated July 15, 2020, showing a total of 208 lots, and 14 blocks, on All of the East Half of Lot 5, Concession 3, Part of the West Half of Lot 5, Concession 3, Part of Lot 5, Concession 4, and Part of the Road Allowance between Concessions 3 and 4 (Oro), Township of Oro-Medonte. 2. That the draft plan approval of the development is for a period of three (3) years. The owner shall apply for any extension to the draft plan approval a minimum of sixty (60) days prior to the lapsing date 3. That the road allowances included within this draft plan of subdivision shall be dedicated as a public highway without monetary consideration and free of all encumbrances. 4. That the 0.3 metre reserves included within this draft plan of subdivision shall be conveyed to the Township of Oro-Medonte without monetary consideration and free of all encumbrances. 5. That 1.5 metre road widenings along Bass Lake Sideroad West and along Line 3 North as well as a 15 metre by 15 metre daylight triangle on the northwest corner of Line 3 North and Bass Lake Sideroad West be included within this draft plan of subdivision shall be conveyed to the Township of Oro-Medonte without monetary consideration and free of all encumbrances. 6. That the road allowances within this draft plan of subdivision shall be named and a municipal numbering system assigned to the satisfaction of the Township of Oro- Medonte. 7. That prior to final approval the appropriate zoning shall be in effect for this subdivision, in accordance with the provisions of the Planning Act. 8. That the Owner agree to either dedicate to the Township at least 5% of the land to be subdivided as public parkland or pay cash-in-lieu of parkland to the satisfaction of Council. 9. That the owner shall enter into a subdivision agreement with the Township of Oro- Medonte, agreeing to satisfy all conditions, financial and otherwise, of the Township of Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 22 of 29 Page 518 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Oro-Medonte. Prior to final approval, the Owner shall confirm that they have paid all outstanding taxes, development charges and levies, as may be required by the Township of Oro-Medonte Finance Department. 10. That the subdivision agreement between the owner and the Township contain phasing arrangements to the satisfaction of the Township. 11. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 12. That the Owner agree in the subdivision agreement to make satisfactory arrangements for the construction of a mail facilities, if required, to the satisfaction of the Township of Oro-Medonte with confirmation received from Canada Post. 13. That prior to final approval, an amended Environmental Compliance Approvalfrom the Ministry of Environment Conservation and Parks be obtained with respect to ownership and operation of the waste treatment facility. That the owner is required to advise all prospective purchasers that the waste treatment facility is privately owned and operated and not under the control of the Township. 14. That prior to final approval, an amended Environmental Compliance Approvalfrom the Ministry of Environment Conservation and Parks be obtained with respect to ownership and operation of the storm water facilities. 15. That prior to final approval, an amended Environmental Compliance Approvalfrom the Ministry of Environment Conservation and Parks be obtained with respect to ownership and operation of the water works facilities. 16. That the Ministry of Environment Conservation and Parks receive a fully executed copy of the subdivision agreement to ensure that conditions are being fulfilled. 17. That the owner enter into a Responsibility Agreement with the Township of Oro- Medonte and the private operator in regards to the ownership, financing, construction, operation, maintenance, and repair of certain water, sewer and waste treatment facilities. 18. That prior to any site alteration and final approval, a plan or plans shall be prepared to the satisfaction of the Township Engineer showing: a) drainage control measures, b) general lot grading including existing and proposed elevations, c) building envelopes d) erosion control measures e) location and type of drinking water supply. These approved plan(s) will form part of the Subdivision Agreement with the Township. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 23 of 29 Page 519 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... The consultant may be required to check the elevations of the building footings, prior to further construction, to ensure conformity with the approved plans noted above. The consultant may be required, prior to the issuance of a Final Inspection Report, to certify in writing that the installed works have been carried out in accordance with the approved plans. 19. That the Subdivision Agreement shall contain a clause to the effect that any major works required in the approved plans noted in Condition 14 will be carried out by the developer. 19. That prior to any site alteration and final approval, the following shall be prepared to the satisfaction of the Nottawasaga Valley Conservation Authority and the Township of Oro- Medonte: A detailed Storm Water Management Report; A detailed Erosion Control Plan; A detailed Grading Plan; A detailed geotechnical report; A detailed hydrogeological assessment. 20. That the draft plan be revised in order to meet the requirements of the above condition including providing for a larger stormwater pond block (if necessary) to the satisfaction of the Nottawasaga Valley Conservation Authority and the Township or Oro-Medonte. 21. A detailed Woodland Restoration and Enhancement plan will be required to the satisfaction of the Nottawasaga Valley Conservation Authority and the Township of Oro- Medonte in the first engineering submission. 22. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, to carry out or cause to be carried out the recommendations and measures contained within the plans and reports set out above. 23. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, to ensure that all sediment and erosion control measures will be in place prior to any site alteration. The agreement must also contain a provision stating that all major stormwater management facilities must be in place prior to the creation of impervious areas such as roads and buildings. 24. That the owner shall agree in the Subdivision Agreement to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports and specifications, as approved by the Nottawasaga Valley Conservation Authority. 25. That the stormwater management facilities and any easements required for stormwater drainage purposes shall be dedicated/granted to the Township of Oro-Medonte. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 24 of 29 Page 520 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... 26. That the owner shall agree in the Subdivision Agreement in wording acceptable to the Nottawasaga Valley Conservation Authority to install directional lighting and construct suitable fencing as may be required along the rear and/or side lot lines of all residential lots and/or blocks abutting Woodland enhancement, restoration areas and Environmental Protection Lands to the satisfaction of the Nottawasaga Valley Conservation Authority. 27. That the owner shall agree in the subdivision agreement to provide the Nottawasaga Valley Conservation Authority with a copy of the documentation completed in support of the Environmental Compliance Approval prior to providing a clearance letter to the Ministry of Environment and Climate Change. 28. That the Nottawasaga Valley Conservation Authority is notified in writing through a copy of the passed zoning by-law including its text and schedule that the storm water management facilities have been appropriately zoned. 29. That the Subdivision Agreement contain the following clause to the satisfaction of the Simcoe Muskoka Catholic District School Board: "The owner shall include in all offers of purchase and sale a clause advising prospective purchasers that pupils from this development attending educational facilities operated by the Simcoe Muskoka Catholic District School Board may, be transported to/accommodated in temporary facilities out of the neighbourhood school's area." 30. That the owner agrees to include in all offers of purchase and sale a statement that advises the prospective purchaser that the public schools on designated sites in the community are not guaranteed. Attendance at schools in the area yet to be constructed is also not guaranteed. Pupils may be accommodated in temporary facilities and/or be directed to schools outside of the area. That the Subdivision Agreement contain wording to ensure this requirement is completed to the satisfaction of the Simcoe County District School Board. 31. That the owner agrees to include in all offers of purchase and sale a statement that advises the prospective purchaser that school busses will not enter cul-de-sacs and pick up points will generally be located on through streets convenient to the Board. Additional pick up points will not be located within the subdivision until major construction activity has been completed. That the Subdivision Agreement contain wording to ensure this requirement is completed to the satisfaction of the Simcoe County District School Board: 32. That prior to final approval Union Gas be provided a copy of the final design drawings for the proposed subdivision to confirm their requirements for any retirement/relocation of the existing mains or Union Gas plants and the associated costs. 33. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe County District School Board how conditions 30 & 31 has been satisfied. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 25 of 29 Page 521 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... 34. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe Muskoka Catholic Separate School Board how condition 29 has been satisfied. 35. That prior to the final approval of this plan, the Township is advised in writing by the Nottawasaga Valley Conservation Authority how conditions 19 through 28 have been satisfied. 36. That prior to the final approval of this plan, the Township is advised in writing by the Ministry of Culture, Tourism, and Sport how conditions 40 have been satisfied. 37. That prior to the final approval of this plan, the Township is advised in writing by Canada Post how condition 11 has been satisfied. 38. That prior to the final approval of this plan, the Township is advised in writing by the Township of Oro-Medonte how conditions 1 through 41 have been satisfied. 39. That prior to the final approval of this plan, the Township is advised in writing by the Ministry of Environment Conservation and Parks how conditions 12 to 15 have been satisfied. 40. That the Owner carries out an appropriate archaeological assessment to the satisfaction Of the Ministry of Culture. be submitted to the Township of Oro-Medonte Development Services Department. 41. That the Owner promptly acknowledge in writing to the Township that draft approval of this subdivision does not include a commitment by the Township of servicing capacity, allocation or availability and that servicing capacity and availability is required to be confirmed to the satisfaction of the Township prior to final approval of the subdivision for registration purposes. NOTES TO DRAFT APPROVAL 1 . It is the applicant's responsibility to fulfil the conditions of Council's approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Township of Oro-Medonte, Planning Department, Administration Centre, 148 Line 7 South, Oro-Medonte, ON L0L 2E0, quoting Township file number 2013-SUB-01. 3. The Land Titles Act requires all new plans be registered in a Land Titles system if the land is situated in a land titles division and there are certain exceptions. 4. The Township of Oro-Medonte uses a 0.3 metre reserve to notify the public that access to the Municipal highway will not be granted across the reserve. It should be shown as a block on the final plan outside the road allowance. Deeds in triplicate conveying this reserve to the Corporation of the Township of Oro-Medonte together with the proposed final plan should be sent to the Municipal Clerk. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 26 of 29 Page 522 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... 5. Inauguration, or extension of a piped water supply, a sewage system, or a storm drainage system, is subject to the approval of the Ministry of Environment Conservation and Parks under sections 23 and 24 of the Ontario Water Resources Act, R.S.O. 1980. 6. Hydro One wishes to advise the developer of the following: (a) the costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the developer (b) any easement rights of Hydro One are to be respected (c) the developer should contact the local Hydro One Area Office to verify if any low voltage distribution lines may be affected by the proposal 7. The Nottawasaga Valley Conservation Authority will require a copy of the plan of the executed subdivision agreement prior to the clearance of draft plan conditions. 8. The owner shall agree, prior to final plan approval, to pay all development fees to the Conservation Authority as required in accordance with the Nottawasaga Valley Conservation Authorities Act. 9. The final plan approved by the Township must be registered within 30 days or the Township may withdraw the approval under Section 51(59) of the Planning Act, R.S.O. 1990 10. All measurements in the subdivision final plan must be presented in metric units. 11. Clearances are required from the following agencies: Corporation of the Township of Simcoe County District School Board Oro- Medonte 1170 Highway 26 148 Line 7 South Midhurst, ON L0L 1X0 Oro-Medonte, Ontario LOL 2E0 Simcoe Muskoka Catholic District Ministry of the Environment School Board Conservation and Parks 46 Alliance Blvd. 54 Cedar Pointe Drive, Unit 1201 Barrie, ON Barrie ON L4N 5R7 L4M 5K3 Nottawasaga Valley Conservation Ministry of Culture, Tourism, and Authority Sport th R.R. #1, Angus, Ontario 400 University Avenue, 4Floor LOM 1BO Toronto, ON M7A 2R9 Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 27 of 29 Page 523 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... If the agency conditions concern conditions in the subdivision agreement, a copy of the relevant section of the agreement should be sent to them. This will expedite clearance of the final plan. 12. If final approval is not given to this plan by February 15, 2021, and no extension has been granted, draft approval shall lapse under subsection 51(32) of the Planning Act, R.S.O. 1990, as amended. If the owner wishes to request an extension to draft approval, a written explanation, must be received by the Township of Oro-Medonte sixty (60) days prior to the lapsing date. Please note that an updated review of the plan, and revisions to the conditions of approval, may be necessary if an extension is to be granted. 13. When the Zoning By-law is being prepared, reference to this subdivision application OM-file number should be included in the explanatory note. This will expedite the -law. Development Services Meeting Date: September 2, 2020 Report No. DS 2020-082 Page 28 of 29 Page 524 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Schedule 7 (attached) Development Services September 2, 2020 Report No. DS2020-082 Page 2 of 29 Page 525 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... INNOVATIVE PLANNING SOLUTIONS planners project managers land development th Tuesday July 14, 2020 Township of Oro-Medonte 148 Line 7 South L0L 2E0 Attention: Todd Weatherell CPT, RPP Re: Zoning By-Law Amendment (Township File: 2019-ZBA-19) Eagles Rest Estates 1552 Bass Lake Sideroad, Township of Oro-Medonte, County of Simcoe Public Meeting Response Materials On behalf of Eagles Rest Estates, Innovative Planning Solutions is pleased to provide the following correspondence relative to the above noted Zoning bylaw amendment and draft plan amendment applications. A public meeting was held on th January 8, 2020 to introduce the applications to the Townships Development Services Committee and members of the public. The applications were also circulated for comment from various stakeholders and internal departments. A number of comments were ultimately received through these processes (public meeting and circulation) on the applications proposed. Township Planning staff th provided a summary of these comments in their correspondence dated April 29, 2020. Since that time, we have been working to address the comments and revise the draft plan as needed. As a result of the comments received, minor revisions to the draft plan have been implemented, including relocation of the previously proposed park to the north end of the subdivision known as Block 209 and increased in size from .16 hectares (.39 acres) to 1.13 hectares (2.79 hectares). This revision has been completed following many meetings and discussions with Township staff and as per correspondence th received May 27, 2020 (Shawn Binns), has been agreed to. It is understood the programming of this park will be addressed through Draft Plan condition(s) if approved. It is also understood that Cash In Lieu of parkland will be provided for the balance of parkland owing and will also be resolved through draft plan condition. The draft plan has also been revised to implement/provide two (2) public accesses to the existing trail network and open space lands to the north of the property which is currently owned by the Township. These accesses are represented by Blocks 210 & 211. 647 WELHAM ROAD, UNIT 9A BARRIE ONTARIO L4N 0P7 TEL: (705) 812-3281 FAX: (705) 812-3438 EMAIL: INFO@IPSCONSULTINGINC.COM Page 526 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... As a result of the revised park locationand size, the proposed lot fabric has also been adjusted, resulting in a total proposed lot yield of 208 units, an increase of one (1) lot from the original application. The draft plan has been revised to adjust the lot fabric of lots 57-66, 165-170, 99, 100 and lot 115. A copy of the revised draft plan is provided under Appendix 1. Based on the revisions to the proposed draft plan amendment, the associated draft zoning bylaw, Schedule A has also been amended to account for these revisions. In general, the lands encompassing the new park location (Block 209) and public access blocks (Blocks 210 & 211) are proposed to be zoned as Open Space (OS). The draft zoning bylaw maintains the proposed residential zones, however Schedule A has been updated to ensure the bylaw places the appropriate zone on the lands per the revised lot fabric associated with lots 57-64, 165-170, 100, 101 and 208 as well as Blocks 209, 210 and 211. A copy of the revised zoning bylaw and Schedule A are provided under Appendix 2. In addition to the above revisions, a series of technical comments have been provided, along with various comments/concerns from the members of the public, all of which have been addressed to the extent possible in the attached response matrix, provided under Appendix 3. Based on the materials provided herein, it is our opinion that the proposed development and associated applications maintain conformity/consistency with the appliable Provincial, County and Township planning policies and represents good planning. Trusting this is satisfactory; should you have any additional questions or concerns, please do not hesitate to contact the undersigned at your convenience. Respectfully submitted, Innovative Planning Solutions Greg Barker, B.A.A. Associate Eagles Rest Estates Response package Page 2 IPS File No. 19-885 Page 527 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Appendix 1 Draft Plan of Subdivision Eagles Rest Estates Response package Page 3 IPS File No. 19-885 Page 528 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Page 529 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Appendix 2 Draft Zoning Bylaw Amendment Eagles Rest Estates Response package Page 4 IPS File No. 19-885 Page 530 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ZONING BY-LAW NUMBER ______-2020 A By-law of the Township of Oro-Medonte to amend Zoning By-Law No. 97-95 by rezoning portions of the lands legally described as all of the East Half of Lot 5, Concession 3, Part of the West Half of Lot 5, Concession 3, part of Lot 5 Concession 4, and Part of the Road Allowance Between Concessions 3 and 4, 1552 Bass Lake Side Road West, in the Township of Oro-Medonte, County of Simcoe from Open Space (OS), Open Space Exception 263 (OS*263), Residential One (R1) and Rural Residential One Exception 262 (RUR1*262) to Open Space (OS), Residential One Exception ___ (R1-SP-AAA) and Residential One Exception ___ (R1-SP-BBB), as depicted on Schedule A attached hereto 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, cP.13, as amended; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte has determined a need to rezone the lands described above; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems the said application to be in conformity with the Official Plan of the Township of Oro-Medonte, as amended, and deems it advisable to amend By-law 97-95. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Schedule A-15 to By-law 97-95 is herby further amended by rezoning those lands described as all of the East Half of Lot 5, Concession 3, Part of the West Half of Lot 5, Concession 3, part of Lot 5 Concession 4, and Part of the Road Allowance Between Concessions 3 and 4, 1552 Bass Lake Side Road West, in the Township of Oro-Medonte from Residential One (R1) Zone and Rural Residential One Exception 262 (RUR1*262) Zone to (Residential One Exception ___ R1-SP-AAA) Zone and Residential One Exception ___ (R1-SP-BBB) Zone as shown on Schedule A to this By-law. 2. Notwithstanding Table B1 of Zoning By-law 97-95, single detached dwellings on lands zoned Residential One Exception ___ (R1-SP-AAA) and Residential One Exception ___ (R1-SP-BBB) Zone shall be permitted the following provisions: For Single Detached Dwellings under the R1-SP-AAA Zone: 2 Minimum Lot Area 900.0 m Minimum Lot Frontage 20.0 m Minimum Front Yard 7.5 m Minimum Exterior Side Yard 4.5 m Minimum Interior Side Yard 2.5 m Minimum Rear Yard 7.5 m 2 Minimum First Story Floor Area 90 m Maximum Building Height 11.0 m For Single Detached Dwellings under the R1-SP-BBB Zone: 2 Minimum Lot Area 990.0 m Minimum Lot Frontage 25.0 m Eagles Rest Estates Response package Page 5 IPS File No. 19-885 Page 531 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Minimum Front Yard 7.5m Minimum Exterior Side Yard 4.5 m Minimum Interior Side Yard 2.5 m Minimum Rear Yard 7.5 m 2 Minimum First Story Floor Area 90 m Maximum Building Height 11.0 m 3. That all other provisions of the Zoning By-law 97-95, as amended, shall apply. 4. That Schedule A, attached, does and shall form part of this By-law. 5. That this By-law shall come into force and take effect on the date of passing thereof, subject o the provisions of Section 34 of The Planning Act, R.S.O., 1990, as amended. BY-LAW READ A FIRST, SECOND AND THIRD TIME THIS ____ DAY OF _________________, 2020. Mayor Clerk Eagles Rest Estates Response package Page 6 IPS File No. 19-885 Page 532 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Page 533 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Appendix 3 Response Matrix Eagles Rest Estates Response package Page 7 IPS File No. 19-885 Page 534 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... 19 - ZBA - and public access conditions. are in agreement with Block 216 & Lot 57 and th conditions. draft plan two (2) 4m wide Application File No.: 2019 park block in the north end of the provided to the Township for Medonte draft plan - acre provided between Applicant Response for continued enjoyment of the natural environment. . This has been as Block 210, , east of Block 210 to the adjacent municipal park/open space lands to the north of the The draft plan has been revised to provide forpointsproperty, providing accessThese are proposed Block 209 between Lots 92 & 93. Plan has been revised, showing a 2.7 propertyconsideration and per correspondence dated May 27the proposed park block. Cash in lieu will be provided for the balanceaddressed through draft plan conditions.Acknowledged. To be developed through Acknowledged. To be further addressed through from Received Township TownshipTownshipTownship - should Eagles Rest Estates, 1552 Bass Lake Sideroad, Township of Oro block with Comment Neighbourhood parks be sited and designed to minimize negative impacts on the adjacent residential area through such measures 2020 Response Matrix ly ParklandConnections to existing Township natural parklands to be provided. Park BlockProvide a 4 acreremaining in CIL. The Township has some flexibility in size based on design but should be close to 4 acres. Would like to work with developer to develop Master Plan for the park block and trails in natural areasthis would be mutually beneficial. Siting requirements Ju # 1 123 Page 535 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... shown on (s) wideningdaylight triangle aft plan condition, r addressed through draft plan conditions. Acknowledged. To be provided as a ddraft plan.Acknowledged. To be provided as a draft plan condition, shown on draft plan.Acknowledged. To be Township Township Township n Bass Lake e trail systems wid - site should be table as planting, fencing, and provision of appropriate access Whenever possible, sites should be linked into the local, community and townshipand natural heritage corridors. Ensure that a minimum of 25% of the perimeter of the site fronts onto a street, and most of the site is visible from the street(s). Minimize the use of fencing along the frontage of the site. Although natural heritage features are desirable, most of the land quality. RoadsThe Township is requesting dedication of 1.5m for future roadworks along frontages of Bass Lake Sideroad and Line 3 as both roadways have been identified as collector roads. A 15m x 15m daylight triangle is required on the NW corner of Line 3. Road improvements oSideroad from western property limit from to easterly intersection of Line 3 and Bass Lake Sideroad are 123 Page 536 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... g the and will be ts Engineering letter one to/from Line 3 and one to/from Speed limits are implemented by the Township , 2019) and determined that the surrounding road network th The access location along Bass Lake Sideroad remains s there is additional reserve capacity which would accommodate Acknowledged. To be addressed through detailed design and draft plan conditions.Two entrances to the property are proposed by this application, generally consistent with the existing approval (ieBass Lake Sideroad). The access location onto Line 3 has been reviewed extensively with the Township and it has been confirmed with Township Staff that suitable sight lines are available and location is acceptable. Movinaccess further north would reduce available sight lines. Turning movements to and from the subject lands meet the applicable standards and will be further designed through draft plan conditions to the satisfaction of the Township prior to approval. unchanged from the existing approval, noting however that the Township has requested widening and road improvements on this roadimplemented through detailed design.The proposed additional density and associated vehicle trips have been assessed from a traffic perspective (as outlined in Gerridated December 5and intersections will continue to offer good levels of service (LOS) and no improvements are required to accommodate the development. The letter also indicateadditional growth in the area. and enforced by police services. See response above to item #5. ent TownshipResidentResident Resid one on ber of lots, g movements located to the north to further - Need to better understand proposed roadway design and general drainage to comment on what infrastructure improvements may be required. This would be obtained through an updated FSR and supporting documents and preliminary engineering submission. That the access onto Line 3 North be reseparate it from Bass Lake Sideroad. In light of that 200+ households will be have only two points of access to the adjacent road system, it will be important to ensure that the turninto and from this project for the residents and travelling public are as safe as possible.With the increased numthe concern is that it will increase traffic and we will need to put speed limited reductions in place. There are only 2 means of public access to the property Bass Lake Sideroad and one on 4578 Page 537 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... ciated draft plan conditions. The accesses to the The access locations will be reviewed and confirmed through the detailed design process and assoinfrastructure blocks are for servicing/maintenance only and not public roads and are internal only (ie no access from Line 2, Line 3 or between Lots 5 & 4). Resident d Bass g below the border Line 3N just above Bass Lake Sideroad. a. I think the one on Line 3N is situated in a dangerous location. Not only is it close to the intersection of Line 3N anLake Sideroad, it is on a slope in the road which is often treacherous due to wet and icy conditions. It is an invitation to accidents resulting in damage to personal property as well as personal injury. b. The hilly, curvy part of Line 3N extendinbetween Lots 5 and 4 Con 3 is often the site of vehicles that have slid off the road and into the ditch, especially at the curve which is banked incorrectly, so access at any point along this stretch would be similarly unsuitable. There are 3 means of access by vehicles to service wells, pump houses and sewage treatment plants. a. One off Bass Lake Sideroad, one off Line 2 and, apparently, one off Line 3 at the border between Lots 5 and 4 Con 3. b. I suggest that at least one of these be amended to include public access and replace the access at Line 3 noted in point 1. above. c. I suggest that it be the access at the border between Lots 5 and 4 where vision up and down the 3rd is 9 Page 538 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... . . The development proposes additional public approved locations r consumer base to support potential commercial uses in Horseshoe See response to item # 5 above, noting that the entrances remain unchanged from the current See response to item # 5 aboveservices facilities including park land, access to open space recreation/trails. The development will also bring additional residents to the area, contributing to a largeValley. The provided FSR demonstrates the ability to service the proposed development in accordance with applicable standards, including road network, sewage, water and stormwater. HVPOA HVPOA r on. onstruction vehicles not just north of Bass Lake good and there are no close intersections. The entrance to the subdivision on Line 3N Side Road is a dangerous location for the entrance and should be relocated. Southbound vehicles on this final stretch of road prior to reaching Bass Lake Sideroad is downhill and vehicles usually exceed the speed limit. In the wintemonths this area is usually covered in snow and difficult to stop quickly especially if vehicles are slowing down to enter the entrance or vehicles are slowly exiting the entrance and turning north on Line 3. Point two below will also add to the congestiWhat traffic studies have been completed to justify this entrance to the subdivision?The revision to double the density of the subdivision by reducing lot sizes to permit twice the number of homes as originally planned will create even more traffic in an area that is rapidly becoming a heavily travelled area with residential, visitor and cto mention recreational ATV traffic on Bass Lake Sideroad and snow mobile traffic in winter. It will also put additional strain on the already limited community resources such 1112 Page 539 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... he possess existing services. the existing ECA and the approval outside of the servicing areas and was on, the subject land owners opted out of the sewage and water relative to on site The Cole Engineering report is primarily focussed on servicing options within the respective settlement areas; the subject lands are not within either settlement area and the lands are considered an island. In additilandowners group for the Master Servicing Report as they approvals Acknowledged. Will be provided as a draft plan condition.Acknowledged. Will be provided as a draft plan condition. Acknowledged. Will be addressed through draft plan conditions. For the purposes of the Amendment to process, it will be operated in the interim as a private servicing organization. Discussions with the Municipality and the owners will be ongoing with the expectation that at some point the ownership will be reverted to tMunicipality once the system is fully operational and operating at design values to ensure compliance. HVPOA Township Township Township Township y . TIS, etc. History suggests private servicing with responsibilitagreements do not work very well (e.g. Horseshoe/Skyline water and sewer) as billing, was this subdivision not as parks, recreation, programs and other infrastructure Whyincluded in the Cole Engineering Report on HCC Master Servicing as it is clearly in the study area as described in the subject report?Township Engineering DepartmentDevelopment Engineering will require an Engineering Submission. (As per Township Standards)An updated FSR and supporting documents Township Environmental ServicesWater, sewer and storm pond all require MECP approval with Township sign off on ECA applications/amendments. FSR indicates private communal servicing under a Responsibility Agreement with Township and ownership and operation to be determined. 13 12 12. Page 540 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... g organization. owever for the purposes of designing the water reservoir iance. For the purposes of the Amendment to the existing ECA and the approval process, it will be operated in the interim as a private servicinDiscussions with the Municipality and the owners will be ongoing with the expectation that at some point the ownership will be reverted to the Municipality once the system is fully operational and operating at design values to ensure compl Agreed.For the purposes of determining the water distribution system we will utilize the higher flow rate. Hand Average Annual Demand the more realistic numbers will be accounted for. With Water and Treatment facilities there are issues associated with over Township Township Township with - operation - municipal year round - ential system, fees and ense (MDWL) we would rates, operational control etc. become problematic. If private servicingwould need to be with licensed authority operated as nonresidcharges should then be administered privately for this community. ES preference is municipally assumed infrastructure and operated as such consistent with other urbanized areas 350 L/c/Day the FSR calcs. - If water system is to be conveyed to Township the water system would be classified as a large residential system with rates and operational controls consistent with our other systems. o Prior to assumption and in order to get a municipal drinking water licalso need the Source Water studies completed which MECP require prior to issuing a MDWL Stormwater pond blocks should be conveyed to the Township ECA transferred to Township upon acceptance. Understanding often real time use is 300should use 450 L/C/Day and 2.58 345 Page 541 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... is provides for This will be further e times. greater design detail will be provided cess and in consultation with the Township. t the ownership will be reverted to the detailed design stage. ng Bass Lake Sideroad. It is noted that the Township has requested a 1.5m road widening designing due to chemical degradation and storagaddressed as a draft plan condition. For the purposes of the Amendment to the existing ECA and the approval process, it will be operated in the interim as a private servicing organization. Discussions with the Municipality and the owners will be ongoing with the expectation that at some poinMunicipality once the system is fully operational and operating at design values to ensure compliance. Additional and through draft plan condition/ Acknowledged. Tree retention along Bass Lake Sideroad will maximized through the detailed design proThis process will include the preparation of detailed landscape plans requiring municipal approval. The lots abutting Bass Lake Sideroad provide for frontages of 22.9m (75 feet) and 45m (147 feet) of depth; thample space for a suitably sized dwelling and tree retention along Bass Lake Sideroad.and potential road improvements which may necessitate the removal of some vegetation alo Township Resident The lots private service is if - rovide a greater opportunity for ppu as theoretical calculations for water. Overall need to see greater design detail on water and sewage o Similar comments regarding ES preference for operational control and licensing for municipal sewage treatment plant the outcome then operation, fees and charges should be administered privately. In light that this area is typified by large lots possessing extensive tree cover, it is important that this character be maintained. To properly do so, it is firstly necessary to ensure that the existing vegetation along Bass Lake Sideroad be maintained. adjacent to Bass Lake road should be widened and made deeper. The rear yards and fencing found typical to a suburban development such as that proposed is clearly not in keeping with this area. Deeper lots with enforced tree protection zones will pexisting trees to be retained and for effective planting to be provided where existing vegetation does not exist.Nottawasaga Valley Conservation Authority (NVCA) 67 Page 542 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... is approved for through the serted in future offers of purchase and Lake Sideroad. . with respect to volume of water permitted to be taken and volume of Additional information can be provided during detailed design. The revised modeling was updated using the increased density and the area and volume provided by the pond are sufficient as per calculations within the FSR. All comments from School Board are acknowledged and will be implemented through draft plan conditions. The applications have been circulated to School Boards for comments. To date, comments from the Simcoe County District School Board have been provided, requesting clauses to be insale agreements. These clauses generally provide notification that accommodation within a local school is not guaranteed and students may be accommodated in schools outside the community, and that bus pick ups would generally be located on a through street.The School boards have not objected to the proposed development. All of the processes are currently designed to be internalized and the discharge is subsurface and not towards Bass The increase in lots do not exceed what the site Ministrysewage to be treated NVCA Resident ResidentResident any elihood, processing and No objection to the proposed zoning changes, provided the applicant can confirm that the stormwater management design can accommodate an increase in impervious surface area andother considerations related to the proposed increase in lot density. Simcoe County District School Board & School ConcernsThe 207 lots will, in all likinvolve many children who will overcrowd the proposed new elementary school close to Line 4 and Horseshoe Valley Road before the school is even open. a. How will it be determined whose children will be entitled to attend the new school and whose will be bussed to schools outside the area? b. Where will the school bus stop for the development be located? Waste Water/Sewage Treatment ServicesThe waste water treatment facility should be designed and operated to ensure that all storage is internalized and that any discharge of effluent is controlled and directed away from Bass Lake Sideroad.With the increased number of lots the concern is that this will have an effect on water supply and aquifer. The increase in homes will also 1 1 12 Page 543 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... Line. nd ts in a rural area; this fully operational and operating at design values subsurface discharge. . open dry ditch that connects to the road side ditches on the 2 The increase in lots do not exceed what the site is approved for through the Ministry and already accounted for in their Permit to Take Water.This swale is unlikely to ever see water and is considered a last resort item. It will be anActual treatment plant with They will be operated in the interim as a private servicing organization. Discussions with the Municipality and the owners will be ongoing with the expectation that at some point the ownership will be reverted to the Municipality once the system isto ensure compliance The subject lands are currently approved for 106 lorepresents a density of 2.3 units per hectare (UPH). The proposed application aims to increase the number of lots to 207, representing a density of 4.5 UPH (measured over the entire lands) which remains considered low density. For reference, lands designated as Horseshoe Valley Low Density Residential in ident ResidentResidentResidentRes Resident nt that we this effect the It is importa - ty and our neighbours. Its effect the sewage treatment process. The change from 106 to 207 residential lots will obviously almost double the draw on the local water sources. How will local water supply?I am curious about the "pond overflow channel" between our propernoted on the initial site plan diagram but it isn't on the second diagram. Will it be covered? Where is its final destination?Is the sewage treatment plant a "holding facility" or an actual treatment plant? If its a treatment plant, where does the effluent go?The sewage plant, wells and pumping stations: a. Will these be owned and maintained by the Township? b. If privately owned, how will the owners in the development be assured of fair and equitable charges for these services? PlanningThe density of 207 single homes is, in my opinion too much to be in keeping with the development in the surrounding area. a. The tiny lots will have homes so close together as to resemble a subdivision in a city rather than in a rural area 3456 1 Page 544 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... y to the 15m in width. - to support public propriate and more ich would accommodate this represents a density of 6.7 units with applicable policy and in a manner al land ands possess, and also encourage the efficient use 2019) and determined that the surrounding road network , th in a manner that maintains the rural character of the area ivision in a city where lot frontages tend to range from 10 hectare. Based on the applications being considered, 207 lots are proposed over 30.89 hectares of residentiper gross hectare and considered low density. The applications provide for a more efficient use of the land while contributing additional development charges as well as an increased tax base to the Township services The proposed additional density and associated vehicle trips have been assessed from a traffic perspective (as outlined in Gerrits Engineering letter dated December 5and intersections will continue to offer good levels of service (LOS) and no improvements are required to accommodate the development. The letter also indicates there is additional reserve capacity whadditional growth in the area. See response to item # 1 above. Further, the lands are in close proximitHorseshoe Valley Settlement Area, where a number of amenities are available to future residents. Provincial, County and Township policies permit development in rural areas where there is existing approved designation or zoning, which the subject lof lands. The application does not propose to establish a residential subdivision in a rural area, rather aims to leverage existing approvals to provide for a more efficient use of the lands in accordance that maintains the character of the area including large estate style lots despite not requiring individual private septic and wells; the minimum lot size is 904 square metres (9730 square feet) which is considered apefficient than the existing approval in consideration of the fact that the lands will be serviced with a communal sewage and water systems. Based on the lot frontages provided, there is no expectation the development will resemble a subd t likely at will result in an age where rural Rush hour traffic is no - keep development in this area consistent with the lovely natural environment we want to continue enjoying. b. The number of vehicles least 2 per lot congestion on the local concession roads something I want to encounter on the concession roads in this lovely area. c. I suggest that the number of lots be significantly reduced from 207 or that an other use for the land be sought While I understand that the property subject to this application has existing development permissions, I was dismayed to read in the notice that the number of lots to be developed is proposed to increase by 95 per cent to 207. I find this startling that indevelopment is considered to be inefficient and disorderly and is generally discouraged by all levels of government, an application is to be considered by Council which will see an additional 101 households introduced to the rural area.Clearly, doing so will dramatically increase the daily traffic on area roads from which exists now, and 2 Page 545 of 1022 9.e) DS2020-82, Todd Weatherell, Intermediate Planner re: Draft Plan Rev... o public tomobiles. existent in the - es in Ontario are taking. from which approval exist. Since public transit is nonarea, each of these new homeowners will be completely reliant upon private auAdding 200+ trips to the local road system, is not the type of rural character which was anticipated for this area. As I understand it, the current objective for future growth is for it to take place in urban areas or villages, and in doing sservices such as fire and police protection, ambulance services, social services can be operated in an efficient manner. The placement of an additional 101 households in the rural area seems to be contrary to the direction which most municipalitiSimply adding more people within an area which has existing permissions does not provide for efficient growth and the use of Township and county resources. Page 546 of 1022 9.f) DS2020-105, Derek Witlib, Manager, Planning Services re: Request fo... Report Report No. To: Prepared By: DS2020-105 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # September 2, 2020 Request for Extension of _____________________ Draft Plan Approval by Oro- Roll #: R.M.S. File #: Medonte Estates Inc. for 4346-010-003-27600 D12 10802 Forest Heights (43T-93022) Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-105 be received and adopted. 2. That the Development Services Committee approve the request for extension to draft plan approval by Oro-Medonte Estates Inc. for Forest Heights (43T-93022), for a period of eighteen (18) months. 3. That the appropriate notice of the changes of the conditions of draft plan approval be provided in accordance with the Planning Act, R.S.O. 1990, c.P.13. 4. Development Services signature. Background: The 81 lot Draft Plan of Subdivision known as Forest Heights was originally approved by the Ontario Municipal Board in 1994 and is located on the south side of Horseshoe Valley Road on the eastern boundary of the Sugarbush Rural Settlement Area. A map outlining the location of the draft plan subject to this report is contained in Schedule 1 to this report and a copy of the Draft Plan is included as Schedule 2. The current owner (Oro-Medonte Estates Inc.) acquired the lands in 2017. Oro- Medonte Estates Inc., operating as Democrat Homes, has been actively building out the adjacent Diamond Valley subdivision. Since acquiring Forest Heights, the developer has been actively working towards fulfilling the Draft Plan Conditions and in 2019the Township entered into a Pre-Servicing Agreement with the developer for the completion of earthworks. Development Services September 2, 2020 Report No. DS2020-105 Page 1of 9 Page 547 of 1022 9.f) DS2020-105, Derek Witlib, Manager, Planning Services re: Request fo... The Township has previously granted Draft Plan Extensions for these lands, the most recent being a 3-year extension granted in 2017 and due to expire on September 27, 2020. additional extension and a copy of that letter is included as Schedule 3 to this report. The purpose of this report is to analyze this request and make recommendations to the Development Services Committee. Analysis: In order to receive final approval from the Township and proceed to registration of the plan of subdivision, the landowner is required to clear all conditions imposed by the approval authority (Township) and provide the appropriate clearance letters from the required agencies. The Planning Act, in Section 51 (32) provides the ability for an approval authority to impose that a draft plan of subdivision will lapse at the expiration of the time period specified by the approval authority, being not less than three years. Section 51(44), of the Planning Act provides the ability for the approval authority to withdraw the approval of a draft plan of subdivision. Section 51(33) provides the ability for the approval authority to extend the lapsing date of draft approval of a plan of subdivision. Notice to these changes is required to be given following any decision to change conditions and is subject to the appeal process. This ability for the Township to impose a lapsing date is useful in some instances where draft plans can remain open in perpetuity and form unrealistic growth forecasts on lands which may never be realized. the rural area on the date this Plan was adopted by Council. Some of these subdivisions are located in areas that have not been identified in the Plan as being appropriate for development since such development may have an impact on the rural character of the area and on the cost effectiveness of providing municipal services. In addition, the development of a number of these subdivisions may have a cumulative negative impact on the natural heritage system that this Plan is trying to protect. In this regard, it is the intent of Council to withdraw a draft approval after an appropriate period of time has elapsed if a subdivision is not proceeding to development stage in an expeditious Furthermore, since this draft plan was first approved by the OMB in 1994, there have been significant changes to planning policies, including an update to the Provincial for the Greater Golden Horseshoe, and the approval of the new County of Simcoe Development Services September 2, 2020 Report No. DS2020-105 Page 2of 9 Page 548 of 1022 9.f) DS2020-105, Derek Witlib, Manager, Planning Services re: Request fo... Official Plan. These policy changes will in turn impact the policies contained in the Township of Oro-Medonte Official Plan which is currently in the process of being updated to bring it into conformity with Provincial and County planning policies. If the current request for an additional three-year extension is approved, an updated Township Official Plan will likely be in effect before the extension expires. If the owner fails to bring the subdivision to registration before the extension expires, the form of development and the Conditions of Draft Plan Approval may no longer conform to the additional extensions to the draft plan. 3-year extension request. As noted earlier in this report, the owner has been actively working to move Forest Heights forward, this has included the submission of engineering designs and undertaking a detailed review of the Line 6 North / Horseshoe Valley Road intersection and analyzing options for improvements to or re-alignment of the intersection. As this process continues to move forward, including the ongoing coordination of required land exchanges between the Township and landowners (former Indian Park Association) in the Sugarbush area, and a future Staff Report to Committee/Council on Line 6 North intersection options and a process for community engagement, Planning Staff is of the opinion that the Draft Plan remains in conformity to the current policies of the Official Plan. Furthermore, the lands are zoned to permit the residential development subject to removal of Holding (H) provisions. The letter from Mitchinson Planning and Development Consultants Inc. (included as Schedule 3) provides the following explanation of the extension request: a number of conditions have been satisfied, including: The streets are named to the satisfaction of the Township The lands are appropriately zoned A Stage 1-2 Archaeological Assessment is complete and approved by the Ministry A Species at Risk assessment was prepared and approved by MNRF in December 2018 The required environmental monitoring reports continue to be prepared by Beacon Environmental and submitted to the Township and the Coulson Area Environmental Committee for review and approval The previously approved engineering drawings were revised and up-dated by Pearson Engineering Ltd. and approved by the Township, MNRF and the NVCA The MECP issued its ECA on May 17, 2019. th Notwithstanding progress to date, the engineering design for the 6 Line and Horseshoe Valley Road intersection remains under review by the County and Township. Further, despite significant time and effort, the land Development Services September 2, 2020 Report No. DS2020-105 Page 3of 9 Page 549 of 1022 9.f) DS2020-105, Derek Witlib, Manager, Planning Services re: Request fo... transfers involving the former Indian Park Association remain outstanding. As such, the Forest Heights subdivision will not be finally approved and registered by the September 27, 2020 lapsing date. Therefore, a further three (3) year extension to Draft Plan Approval to September, 2023 is required and respectfully requested. The extension will enable the Owner time to obtain final approval and register the subdivision. The draft plan will be serviced with municipal water and private septic systems. All the lots will have frontage onto internal roads that are ultimately intended to be conveyed to the Township for assumption as public roads. As required by the original Ontario Municipal Board Draft Plan Approval, an environmental monitoring plan for the construction of the development has been established by the landowner along with a evant information to protect the natural environment. Staff have reviewed the extension request and are of the opinion that a Draft Plan Extension is appropriate under the circumstances. With respect to the time period for the Draft Plan Extension, Planning Staff recommend that an extension be granted for eighteen (18) months (i.e. a lapsing date of March 2022), rather than for the 3 years requested by the developer. Planning Staff is of the opinion that an eighteen (18) month extension is appropriate for the following reasons: 1. The developer has been working to bring this plan to final approval and registration as soon as possible. At the same time there are factors and timelines outside of the land exchange between Township and owners of the former Indian Park Association lands)(18) months would provide a reasonable time-frame for the developer to achieve final subdivision approval and registration. If a further extension is needed, it can be considered by Council at that time. 2. The Township is currently undertaking an Official Plan Review, with new Official Plan policies anticipated to be adopted by Council in early 2021. I opinion it would not be good planning to grant a 3-year Draft Plan Extension on lands whose development policies may be revised within the coming year. However, eighteen (18) months would provide Council with a timely window within which to re-evaluate the development under newly adopted Official Plan policies in the event that there are any outstanding plan approval/registration matters after the eighteen (18) month period. 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 September 2, 2020 Report No. DS2020-105 Page 4of 9 Page 550 of 1022 9.f) DS2020-105, Derek Witlib, Manager, Planning Services re: Request fo... Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement 2020 Growth Plan for the Greater Golden Horseshoe, 2020 County of Simcoe Official Plan Corporate Strategic Goals: are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that features and attributes. Consultations: Director, Development Services Attachments: Schedule 1: Location Map Schedule 2: Draft M-Plan Schedule 3: Developer Conclusion: On the basis of the above, it is recommended that an eighteen (18) month extension to the Draft Plan Approval be granted to afford the developer an opportunity to bring this Plan of Subdivision to final approval and registration. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Director, Development Services August 31, 2020 Development Services September 2, 2020 Report No. DS2020-105 Page 5of 9 Page 551 of 1022 9.f) DS2020-105, Derek Witlib, Manager, Planning Services re: Request fo... Schedule 1: Location Map Development Services September 2, 2020 Report No. DS2020-105 Page 6of 9 Page 552 of 1022 9.f) DS2020-105, Derek Witlib, Manager, Planning Services re: Request fo... Schedule 2: Draft M-Plan Development Services September 2, 2020 Report No. DS2020-105 Page 7of 9 Page 553 of 1022 9.f) DS2020-105, Derek Witlib, Manager, Planning Services re: Request fo... Schedule 3: Development Services September 2, 2020 Report No. DS2020-105 Page 8of 9 Page 554 of 1022 9.f) DS2020-105, Derek Witlib, Manager, Planning Services re: Request fo... Development Services September 2, 2020 Report No. DS2020-105 Page 9of 9 Page 555 of 1022 9.g) DS2020-106, Derek Witlib, Manager, Planning Services re: Request fo... Report Report No. To: Prepared By: DS2020-106 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # September 2, 2020 Request for Extension of _____________________ Draft Plan Approval by Roll #: R.M.S. File #: Horseshoe Valley Lands Ltd. 4346-010-002-16000 D12 50248 for Horseshoe Ridge Ph. 4 and Future Development Lands (43-OM-20001) Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-106 be received and adopted. 2. That the Development Services Committee approve the request for extension to draft plan approval by Horseshoe Valley Lands Ltd. for Horseshoe Ridge Ph. 4 and Future Development Lands (43-OM-200010), for a period of one (1) year. 3. That the appropriate notice of the changes of the conditions of draft plan approval be provided in accordance with the Planning Act, R.S.O. 1990, c.P.13. 4. Development Services signature. Background: The lands are located in Part of Lots 3 and 4, Concession 4 in the former Township of Oro. A Location Map of the Subject Lands is included as Schedule 1 to this report. The original Draft Plan was approved in 2001 and the development has been developed in phases. Phase 1, the Laurelview subdivision, was registered in 2003 containing 61 single detached residential lots. Phase 2, registered in 2012, contains 16 single detached residential lots. Ridgewood Court, registered in 2013, contains 15 single detached residential lots. Horseshoe Ridge Phase 3, registered in 2014 contains 84 residential units comprised of 57 single detached residential lots and 27 townhouse units. In 2015 Council approved Official Plan Amendment No. 37 which facilitated the conversion of 9 single detached residential lots in Phase 3 into 19 townhouse units Development Services September 2, 2020 Report No. DS2020-106 Page 1of 11 Page 556 of 1022 9.g) DS2020-106, Derek Witlib, Manager, Planning Services re: Request fo... which increased the total number of units in Horseshoe Ridge Phase 3 from 84 to 94 units. Horseshoe Ridge Phase 4 is the subject of an active Draft Plan of Subdivision Application (2016-SUB-01), which was applied for in 2016 to revise a portion of the original draft plan to create 25 single detached residential lots and 48 townhouse units, for a total of 72 units. Included as Schedule 2 is a Location Map of Horseshoe Ridge Phase 4 and a copy of the proposed Draft Plan. The Township has previously granted Draft Plan Extensions for these lands, the most recent being a 3-year extension granted in 2017 that is due to expire on September 27, 2020. The developer has been actively working towards fulfilling the Draft Plan Conditions and in 2019 the Township entered into a Pre-Servicing Agreement with the letter to the Township requesting an additional extension and a copy of that letter is included as Schedule 4 to this report. are not currently the subject of an active development file. The original 2001 Draft Plan Approval contemplates approximately 284 single detached residential lots on the Future Development Lands in the form of an adult lifestyle community. Schedule 3 contains the Draft Plan for the Future Development Lands. The Future Development Lands are part of the same parcel of land as Horseshoe Ridge Phase 4 and are part of the same original 2001 Draft Plan Approval. It is therefore necessary to consider the Future Development Lands and Horseshoe Ridge Phase 4 together when considering the Analysis: In order to receive final approval from the Township and proceed to registration of this plan of subdivision, the landowner is required to clear all conditions imposed by the approval authority (Township) and the required agencies. The Planning Act, in Section 51 (32) provides the ability for an approval authority to impose that a draft plan of subdivision will lapse at the expiration of the time period specified by the approval authority, being not less than three years for the initial Draft Plan Approval. Section 51(44), of the Planning Act provides the ability for the approval authority to withdraw the approval of a draft plan of subdivision. Section 51(33) provides the ability for the approval authority to extend the lapsing date of draft approval of a plan of subdivision. Notice of these changes is required to be given following any decision to change conditions and is subject to an appeal process. This ability for the Township to impose a lapsing date is useful in some instances where draft plans can remain open in perpetuity and form unrealistic growth forecasts on lands which may never be realized. Development Services September 2, 2020 Report No. DS2020-106 Page 2of 11 Page 557 of 1022 9.g) DS2020-106, Derek Witlib, Manager, Planning Services re: Request fo... rable number of vacant lots existed in Draft Approved Plans of Subdivision in the rural area on the date this Plan was adopted by Council. Some of these subdivisions are located in areas that have not been identified in the Plan as being appropriate for development since such development may have an impact on the rural character of the area and on the cost effectiveness of providing municipal services. In addition, the development of a number of these subdivisions may have a cumulative negative impact on the natural heritage system that this Plan is trying to protect. In this regard, it is the intent of Council to withdraw a draft approval after an appropriate period of time has elapsed if a subdivision is not proceeding to development stage in an expeditious While the above- to address a number of outstanding Draft Plan Approved rural, estate residential subdivisions (many of which have since proceeded to registration), Council maintains the authority to refuse to extend Draft Plan Approval for any subdivision in the Township that is not proceeding to development stage in an expeditious manner. Furthermore, since this draft plan was first approved, there have been significant changes to planning policies, including an update to the Provincial Policy Statement, the Golden Horseshoe, and the approval of the new County of Simcoe Official Plan. These policy changes will in turn impact the policies contained in the Township of Oro- Medonte Official Plan which is currently in the process of being updated to bring it into conformity with Provincial and County planning policies. If the current requests for an additional 5-year extension is approved, an updated Township Official Plan will likely be in effect before the extensions expire. If the owner fails to bring the plan to registration before the extension expires, the form of development and the Conditions of Draft Plan Staff may not be able to support additional extensions to the draft plan. Staff have reviewed the develope-year extension request with respect to Horseshoe Ridge Phase 4 and the Future Development Lands. As noted earlier in this report, the owner has been actively working to move Phase 4 forward. The approved Draft Plan conforms to the current policies of the Official Plan and the lands are zoned to permit the residential development in the form of single detached dwellings subject to removal of Holding (H) provisions on the lands. Official Plan and Zoning By-law to permit additional townhouse units are still pending and if approved would result in revised Draft Plan Conditions, but this does not preclude the extension of Draft Plan Approval in its current form in the mean-time. Horseshoe Ridge Phase 4 and the Future Development Lands are located within a Rural Settlement Area (Horseshoe Valley), parts of which are already serviced with sewer and water and in which full municipal services are ultimately planned. The landowners and the Township are currently advancing the Horseshoe-Craighurst Development Services September 2, 2020 Report No. DS2020-106 Page 3of 11 Page 558 of 1022 9.g) DS2020-106, Derek Witlib, Manager, Planning Services re: Request fo... Corridor Water, Wastewater & Transportation Master Servicing Plan (HCCMSP), and all of these lands have been accounted for in the HCCMSP for future servicing. Horseshoe Ridge Phase 4 and the Future Development Lands are proposed be serviced with municipal water and a private sewage treatment plant currently serving portions of the Horseshoe Valley Settlement Area, and the lots are proposed to have frontage on public roads. Sewage treatment capacity to accommodate Phase 4 has been confirmed to the satisfaction of the Township, but there is presently no dedicated sewage treatment capacity for the Future Development Lands. With respect to the time period for the Draft Plan Extension, Planning Staff recommend that an extension be granted for one (1) year (i.e. a lapsing date of September 2021), rather than for the 5 years requested by the developer. Planning Staff is of the opinion that a one (1) year extension is appropriate for the following reasons: 1. Based on revise Horseshoe Ridge Phase 4 and to clear draft plan conditions under Application 2016-SUB-01, it is reasonable to expect that final subdivision approval and registration can be achieved within 1 year. 2. There is presently no sanitary sewage treatment capacity to service the Future Development Lands. The timing for the availability of sewage treatment capacity is unknown plan is privately owned. maintain Draft Approved status on lands for which the development and servicing horizon is unknown. 3. The Township is currently undertaking an Official Plan Review, with new Official Plan policies anticipated to be adopted by Council in early 2021. The policies of the Horseshoe Valley Settlement Area have been the subject of considerable discussion during the Official Plan review to-date good planning to grant a 5-year Draft Plan Extension on lands whose development policies may be revised within 1 year. Should the development no longer conform to -year extension the lands would nevertheless still be permitted to be developed based on potentially outdated policies and in form that residents and Council. A one (1) year extension would provide Council with a timely window within which to re-evaluate the development under newly adopted Official Plan policies in the event that all or portions of the lands are not brought to final approval and plan registration within one (1) year. 4. In 2018 the County of Simcoe initiated a Municipal Comprehensive Review (MCR) process that will update the County of Simcoe Official Plan and address the distribution of population and employment forecasts across the County to 2036 / 2041, including: Establishing a Settlement Area (SA) hierarchy across the County; Determination of the need for any SA expansions; Servicing Capacity & Expansion capabilities & Financial considerations; Intensification and density target strategies; Development Services September 2, 2020 Report No. DS2020-106 Page 4of 11 Page 559 of 1022 9.g) DS2020-106, Derek Witlib, Manager, Planning Services re: Request fo... Strategy to achieve Density targets; and Housing strategy, including affordable housing. This work by the County is anticipated to be completed by the County prior to the expiry of the 5-year draft plan extension period requested by the developer and is likely to impact Township Official Plan policies. It would not be considered good planning to extend the draft plan approval to a horizon that is potentially beyond that of the MCR. 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 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law 97-95 Corporate Strategic Goals: In are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Town features and attributes. Consultations: Director, Development Services Attachments: Schedule 1: Location Map - Overall Lands Schedule 2: Location Map Horseshoe Ridge Phase 4 and Proposed Draft Plan Schedule 3: Future Development Lands Draft Plan Schedule 4 Development Services September 2, 2020 Report No. DS2020-106 Page 5of 11 Page 560 of 1022 9.g) DS2020-106, Derek Witlib, Manager, Planning Services re: Request fo... Conclusion: On the basis of the above, it is recommended that a one (1) extension to the Draft Plan Approval be granted to afford the developer an opportunity to obtain final approval and registration of Horseshoe Ridge Phase 4 an policies remain in effect, as well as to provide Council with an appropriate time-frame within which to review the status of the Future Development Lands in context to the Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Director, Development Services August 31, 2020 Development Services September 2, 2020 Report No. DS2020-106 Page 6of 11 Page 561 of 1022 9.g) DS2020-106, Derek Witlib, Manager, Planning Services re: Request fo... Schedule 1: Location Map Overall Lands Development Services September 2, 2020 Report No. DS2020-106 Page 7of 11 Page 562 of 1022 9.g) DS2020-106, Derek Witlib, Manager, Planning Services re: Request fo... Schedule 2: Horseshoe Ridge Phase 4 Location Map and Proposed Draft Plan Development Services September 2, 2020 Report No. DS2020-106 Page 8of 11 Page 563 of 1022 9.g) DS2020-106, Derek Witlib, Manager, Planning Services re: Request fo... Schedule 3: Future Development Lands Draft Plan Development Services September 2, 2020 Report No. DS2020-106 Page 9of 11 Page 564 of 1022 9.g) DS2020-106, Derek Witlib, Manager, Planning Services re: Request fo... Schedule 4: Draft Plan Extension Request Development Services September 2, 2020 Report No. DS2020-106 Page 10 of 11 Page 565 of 1022 9.g) DS2020-106, Derek Witlib, Manager, Planning Services re: Request fo... Development Services September 2, 2020 Report No. DS2020-106 Page 11 of 11 Page 566 of 1022 9.h) DS2020-107, Derek Witlib, Manager, Planning Services re: Request fo... Report Report No. To: Prepared By: DS2020-107 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # September 2, 2020 Request for Extension of _____________________ Draft Plan Approval by Roll #: R.M.S. File #: Horseshoe Valley Lands Ltd, 4346-020-010-05501 D12 07251 for 43-OM-93002 & 43-CD-93002 (Timber Ridge) Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-107 be received and adopted. 2. That the Development Services Committee approve the request for extension to draft plan approval by Horseshoe Valley Lands Ltd. for Timber Ridge (43-OM- 93002 & 43-CD-93002), for a period of one year. 3. That the appropriate notice of the changes of the conditions of draft plan approval be provided in accordance with the Planning Act, R.S.O. 1990, c.P.13. 4. Development Services signature. Background: Draft Plan of Subdivision and Condominium 43-OM-93002 & 43-CD-93002 (Timber Ridge Condominiums) is proposed as a 250 unit, multiple residential development within the Horseshoe Valley Rural Settlement Area, north of Horseshoe Valley Road. The lands are located in Part Lots 1 and 2, Concession 4 in the former Township of Medonte. A Location Map of the Subject Lands is included as Schedule 1 to this report and a copy of the proposed Draft Plan is included as Schedule 2. The original Draft Plan was originally approved in 1995. The Township has previously granted Draft Plan Extensions for these lands, the most recent being a 3-year extension granted in 2017 and due to expire on September 27, 2020. Other than the Draft Plan Extension requests, there has been no other activity on this file and the developer has Development Services September 2, 2020 Report No. DS2020-107 Page 1of 9 Page 567 of 1022 9.h) DS2020-107, Derek Witlib, Manager, Planning Services re: Request fo... not made any advancements in clearing the Draft Plan Conditions. planner has submitted a letter to the Township requesting and additional extension and a copy of that letter is included as Schedule 3 to this report. Analysis: In order to receive final approval from the Township and proceed to registration of this plan of subdivision, the landowner is required to clear all conditions imposed by the approval authority (Township) and the required agencies. The Planning Act, in Section 51 (32) provides the ability for an approval authority to impose that a draft plan of subdivision will lapse at the expiration of the time period specified by the approval authority, being not less than three years for the initial Draft Plan Approval. Section 51(44), of the Planning Act provides the ability for the approval authority to withdraw the approval of a draft plan of subdivision. Section 51(33) provides the ability for the approval authority to extend the lapsing date of draft approval of a plan of subdivision. Notice of these changes is required to be given following any decision to change conditions and is subject to an appeal process. This ability for the Township to impose a lapsing date is useful in some instances where draft plans can remain open in perpetuity and form unrealistic growth forecasts on lands which may never be realized. rable number of vacant lots existed in Draft Approved Plans of Subdivision in the rural area on the date this Plan was adopted by Council. Some of these subdivisions are located in areas that have not been identified in the Plan as being appropriate for development since such development may have an impact on the rural character of the area and on the cost effectiveness of providing municipal services. In addition, the development of a number of these subdivisions may have a cumulative negative impact on the natural heritage system that this Plan is trying to protect. In this regard, it is the intent of Council to withdraw a draft approval after an appropriate period of time has elapsed if a subdivision is not proceeding to development stage in an expeditious While the above- to address a number of outstanding Draft Plan Approved rural, estate residential subdivisions (many of which have since proceeded to registration), Council maintains the authority to refuse to extend Draft Plan Approval for any subdivision in the Township that is not proceeding to development stage in an expeditious manner. Furthermore, since this draft plan was first approved, there have been significant changes to planning policies, including an update to the Provincial Policy Statement, the Development Services September 2, 2020 Report No. DS2020-107 Page 2of 9 Page 568 of 1022 9.h) DS2020-107, Derek Witlib, Manager, Planning Services re: Request fo... Golden Horseshoe, and the approval of the new County of Simcoe Official Plan. These policy changes will in turn impact the policies contained in the Township of Oro- Medonte Official Plan which is currently in the process of being updated to bring it into conformity with Provincial and County planning policies. If the current requests for an additional three-year extensions are approved, an updated Township Official Plan will likely be in effect before the extensions expire. If the owner fails to bring the plans to registration before the extensions expire, the form of development and the Conditions of Planning Staff may not be able to support additional extensions to the draft plan. Staff have reviewed the -year extension request with respect to Timber Ridge. As noted earlier in this report, this development has not made any advancement toward final approval. However, the Draft Plan continues to conform to the current policies of the Official Plan and the lands are zoned to permit the residential development. Timber Ridge is located within a Rural Settlement Area (Horseshoe Valley), parts of which are already serviced with sewer and water and in which full municipal services are ultimately planned. The landowners and the Township are currently advancingthe Horseshoe-Craighurst Corridor Water, Wastewater & Transportation Master Servicing Plan (HCCMSP), and all of these lands have been accounted for in the HCCMSP for future servicing. Timber Ridge is proposed be serviced with municipal water and a private sewage treatment plant currently serving portions of the Horseshoe Valley Settlement Area, and the lots are proposed to have frontage on a future public and private road network.This proposed 250 unit development has been accounted for in the HCCMSP and the new well and storage construction to support Zone 1 Integration. However, there is presently no known available private sewage treatment capacity for Timber Ridge. With respect to the time period for the Draft Plan Extension, Planning Staff recommend that an extension be granted for one (1) year (i.e. a lapsing date of September 2021), rather than for the 5 years requested by the developer. Planning Staff is of the opinion that a one (1) year extension is appropriate for the following reasons: 1. This development has not advanced and there have been no tangible indicators that advancement is likely within the develo only reason Staff are not recommending refusal of the Draft Plan Extension request is because the Official Plan policies upon which the previous extensions were supported still remain in effect and the proposed form of development remains valid under those policies. The Township is currently undertaking an Official Plan Review, with new Official Plan policies anticipated to be adopted by Council in early 2021. The policies of the Horseshoe Valley Settlement Area have been the subject of considerable discussion during the Official Plan review to-date and in Planning on lands whose development policies may be revised within 1 year. Should the Development Services September 2, 2020 Report No. DS2020-107 Page 3of 9 Page 569 of 1022 9.h) DS2020-107, Derek Witlib, Manager, Planning Services re: Request fo... under a 5 year extension the lands would nevertheless still be permitted to be developed based on potentially outdated policies and in a form that may no longer r A one (1) year extension would provide Council with a timely window within which to re-evaluate the development under newly adopted Official Plan policies. 2. There is presently no sanitary sewage treatment capacity to service Timber Ridge. The timing for the availability of sewage treatment capacity is unknown and is not owned. In Approved status on lands for which the development and servicing horizon is unknown. 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 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law 97-95 Corporate Strategic Goals: Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote features and attributes. Consultations: Director, Development Services Development Services September 2, 2020 Report No. DS2020-107 Page 4of 9 Page 570 of 1022 9.h) DS2020-107, Derek Witlib, Manager, Planning Services re: Request fo... Attachments: Schedule 1: Location Map Schedule 2: Draft Plan Conclusion: On the basis of the above, it is recommended that a one (1) extension to the Draft Plan Approval be granted to afford the developer an opportunity to advance this development , as well as to provide Council with an appropriate time-frame within which to review the status of Timber Ridge Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Director, Development Services August 31, 2020 Development Services September 2, 2020 Report No. DS2020-107 Page 5of 9 Page 571 of 1022 9.h) DS2020-107, Derek Witlib, Manager, Planning Services re: Request fo... Schedule 1: Location Map Development Services September 2, 2020 Report No. DS2020-107 Page 6of 9 Page 572 of 1022 9.h) DS2020-107, Derek Witlib, Manager, Planning Services re: Request fo... Schedule 2: Draft Plan Development Services September 2, 2020 Report No. DS2020-107 Page 7of 9 Page 573 of 1022 9.h) DS2020-107, Derek Witlib, Manager, Planning Services re: Request fo... Schedule 3: Draft Plan Extension Request Development Services September 2, 2020 Report No. DS2020-107 Page 8of 9 Page 574 of 1022 9.h) DS2020-107, Derek Witlib, Manager, Planning Services re: Request fo... Development Services September 2, 2020 Report No. DS2020-107 Page 9of 9 Page 575 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Report Report No.To:Prepared By: DS2020-100Development Services Andy Karaiskakis, Senior CommitteePlanner Meeting Date:Subject:Motion # September 3, 2020Minor Variance Application_____________________ 2020-A-24 Roll #:R.M.S. File #: Brian and Heather Crate 4346-030-012-46700D13-58200 119 Moon Point Drive Recommendation(s):Requires ActionFor Information Only X It is recommended: 1.That Report No. DS2020-100bereceivedand adopted. 2.That Minor Variance Application 2020-A-24by Brian and Heather Crate, specifically for permission toconstruct adetached accessory building with a reduced front yard setbackof1.0 metre(3.2feet), an increased lot coverage of 5.4% and a reduced interior side yard setback of 1.0 metre (3.2 feet)on lands municipally known as 119 Moon Point Drive,Township of Oro-Medonte,be approved, subject to the conditions as outlined in Report DS2020-100. 3.The conditions are as follows: a)That notwithstanding Section 5.1.3(a) Front Yard Setback, Section 5.1.5 Lot Coverage and Section 7.2 Interior Side Yard Setback of Zoning By-law 97-95, as amended, 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, if required, an Ontario Land Surveyor, Professional Engineer or Certified Engineering Technologist verify by pinning the foundation wall of the detached garage in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached garage is located no closer than 1.0metre (3.2 feet) from the front and interior side lot line; d)That the applicants maintain the existing vegetative buffer on the front and interior property lines, or replace with a similar vegetative buffer; and, e)That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 1of 13 Page 576 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... 4.And that the applicantsbe advised of the Development Services Committee’s decision under the Secretary-Treasurer’ssignature. Background: The subject property has a lot area of 0.15hectares (0.37acres) andcontains a single detached dwellinganda detached accessory building(refer to Schedules 1 and 2).The applicantsareproposing to build a new 53.5 sq.m. (575.8sq.ft.) detached accessory building and are requesting relief from the following sectionsof Zoning By-law 97-95, as amended: Section 5.1.3 (a) –Front yard setback Required: Proposed: 7.5 metres (24.6 feet)1.0 metre (3.2 feet) Section 5.1.5 –Lot coverage Required: Proposed: 5%5.4% Section 7.2 (Exception 2) –Interior side yard setback Required: Proposed: 1.5 metres (4.9 feet)1.0 metre (3.2 feet) The applicant’s site plan drawing and elevations are included as Schedules3and 4to this report. Analysis: Provincial Policy Statement (2020) The Provincial Policy Statement 2020 (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 Hazardsare applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS as it pertains to an accessory building associated with a residential use. 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. Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 2of 13 Page 577 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Growth Plan for the Greater Golden Horseshoe (2019) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewedand Planning Staff is of the opinion that the proposed detached accessory building (garage) isconsistent 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. Section 4.2.4.5 of the Growth Plan permits limited development outside of settlement areas, in development shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017. It is Planning Staff’s opinion that the proposed variances conform to the Growth Plan as the subject lands area already development for residential purposes and are located within an established shoreline residential area. 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. The LSPP addresses long term environmental issues in Lake Simcoe and its watershed by: Promoting immediate action to address threats to the ecosystem, such as excessive phosphorus; Targeting new and emerging causes of stress such as invasive species and climate change; and Protecting and restoring important natural areas such as shorelines and wetlands restoring the health of the fish and other aquatic life. The Lake Simcoe Region Conservation Authority (LSRCA) hasreviewed the application in the context of the Provincial Policy Statement(PPS), the Growth Plan (2019), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act.The LSRCA has advised that a LSRCA permit is not required and that the LSRCA is satisfied from a watershed managementperspective that the application is consistent with the naturalheritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. County Official Plan The proposed building location is on lands that are designated Rural by the Simcoe County OfficialPlan.The Rural Designation permits limited residential development. In Planning Staff’s opinion, the proposed development is consistent with the County’s Official Plan as theproposed detached garage isaccessory to anexisting residential use. Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 3of 13 Page 578 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... 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 shallbe 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: Dothe variancesconform to the general intentand purposeof the Official Plan? The subject landsare designated “Shoreline”inaccordancewith Schedule “A –Land Use” of the Township’s Official Plan(refer to Schedule 5).Permitted uses in this designation include single detached dwellings and, by extension, accessory uses on existing lots. Therefore, the proposed detached accessory building conforms to the Official Plan. Dothe variancesconform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential Exception 2(SR*2) by the Township’s Zoning By-law 97-95, as amended(refer to Schedule 6). The exception to the zoning allows a minimum interior side yard setback of 1.5 metres (4.9 feet). Single detached dwellings and accessory uses such as detached garages are permitted inthe SR*2Zone. The applicant is seeking relief from the Zoning By-law to allow a reduction in the front and interior side yard setbacks from the permitted 7.5 metres (24.6 feet) and 1.5 metres (4.9 feet), respectively, to 1.0 metre (3.2 feet) from both the front and interior side lot lines, and an increase in lot coverage from 5% to 5.4%. The general intent of the Zoning By-law in requiring the minimum front and interior side yards is to provide access and maintenance around buildings and structures, and to provide spatial separation between neighbouring dwellings. Upon site inspection, Planning Staff noted that the proposed 1.0 metre (3.2 feet) front and interior side yard setbacks would allow adequate space for maintenance of the garage and access around the garage without encroaching into the neighbours’ yard. Operations Staff have reviewed the application and haveadvised that they have no objections to the application and that access to the new garage is to beprovidedfrom the existing driveway; no additional access will be allowed from Moon Point Road. Planning Staff are satisfied with the proposed location of the garage as the subject property is heavily vegetated and would not detract from the streetscape and would not negatively impact the neighbouring property. Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 4of 13 Page 579 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... The general intent in restricting lot coverage of all accessory buildings is to prevent over-development that would detract from the residential character of the area. The proposed garage cannot be located further from the front lot line as the septic bed is located in front of the dwelling. Given the fact that the proposed detached garage would meet the By-law’s maximum floor area and height requirement for detached accessory buildings, Planning Staff does not expect the proposed garage to stand-out, look out of place or detract from the character of the this established neighbourhoodbased on the requested increase to the lot coverage. For the reasons outlined above, Planning Staff is of the opinion that the variance meets the general intent of the Zoning By-law. Arethe variancesappropriate 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 shoreline neighbourhood. Upon site visit, Staff noted heavy vegetation along the property’sfront and interior sidelot lines and, therefore the proposed structure will be well screened from surrounding properties. The proposed structure will not interfere with functional matters on the lot, such as parking, access and the septic system. Based on the above, PlanningStaff are satisfied that the proposed development would be desirable for the appropriate development of the lot. Arethe variancesminor? The question of the minor nature of the variance relates to its scale and impact. Mature vegetation on and around the property will screen the proposed detached accessory building and the scale of the proposed accessory building will be consistent with that of other structures in the area. Therefore, in Planning Staff’s opinion the requested Minor Variance is minorin nature as the structure is not anticipated to have an adverse impact on the character and appearance of the neighbourhood. Financial/Legal Implications/Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal(LPAT) and Council chooses to defend the Committee’s decision. Policies/Legislation: Planning Act,R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 Growth Plan for the Greater Golden Horseshoe, 2019 Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 5of 13 Page 580 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Lake Simcoe Protection Plan County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township’s Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township’s natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township’s natural features and attributes. Consultations: 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 objections.Access to new structure is to be from the existing driveway. No additional access will be allowed from Moon Point Drive. Building Division –confirmation required that the proposed building is outside sewage envelope. Applicant to be aware of limiting distance and exposed opening limitations with reduced setbacks. Permit required prior to construction. Simcoe Muskoka Catholic District School Board –no comment. Lake Simcoe Region Conservation Authority –a LSRCA permit is not required and the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant’s Site Plan Schedule 4: Applicant’s Garage Elevations Schedule 5:Township Official Plan –Land Use Schedule 6:Existing Zoning Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 6of 13 Page 581 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-24to permita detached accessory building(garage)with a reduced front yard setback of 1.0 metre (3.2 feet), an increased lot coverage of 5.4% and a reduced interior side yard setback of 1.0 metre (3.2 feet) on lands municipally known as 119 Moon Point Drive, Township of Oro-Medonte, be approved, on the basis that the applicationis 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 Actand representsgood planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals:Date: Derek Witlib, Manager, Planning ServicesAugust 26, 2020 Andria Leigh, Director, Development ServicesAugust 26, 2020 Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 7of 13 Page 582 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 8of 13 Page 583 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 9of 13 Page 584 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 10of 13 Page 585 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 11of 13 Page 586 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 12of 13 Page 587 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Development ServicesSeptember 3, 2020 Report No. DS2020-100Page 13of 13 Page 588 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 4:06 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-24) Crate Teresa Operations has no objections to the application. Comments are as follows: 1. Access to new structure is to be from the existing driveway. No additional access will be allowed from Moon Point Road. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 589 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 11:03 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, September 03, 2020 (2020-A-24) Crate Building Divisions comments are as follows; 1. Confirmation required that proposed building is outside sewage envelope 2. Applicant to be aware of limiting distance and exposed opening limitations with reduced setbacks 3. Permit required prior to construction Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 590 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 2:13 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-24) Crate Teresa Development Engineering has No Objection to the above noted Application. It should be noted: If after the septic system limits have been determined, it is possible to increase both the interior side yard and front yard setbacks, consideration to do so should be given. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 591 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Tuesday, August 18, 2020 12:29 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-24) Crate Good Afternoon Teresa, The school board has no comment on Minor Variance Application (2020-A-24) Crate. Kind Regards, Janet Porter Senior Planner Page 592 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ August 25, 2020 File No: 2020-A-24 IMS File No.: VA-190073-081319 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 119 Moon Point Road Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of a detached accessory building (garage) with reduced front yard and interior side yard setback as well as increased lot coverage. 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, 2014) 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 partially regulated due to the associated shoreline flood and erosion hazards. The hazards are regulated under Ontario Regulation 179/06 under the Conservation Authorities Act. The subject property is currently designated Shoreline in the Township of Oro- The subject property is currently zoned Shoreline Residential (SR) Zone. Page 593 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... 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 garage does not appear to be within the shoreline hazard area and does not propose any habitable space. 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 beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or Page 594 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Page 3 of 3 interference in any way with a watercourse or wetland. The site is partially within a regulated area however The proposed garage appears to be outside of any regulated area and therefore will not 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 however a permit from LSRCA will not 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 provide payment of $500.00 to the LSRCA as per our approved Fee Schedule for review of this Minor Variance application. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Development Planner Page 595 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... From: Brian Crate <brian@crateslakecountryboats.com> Sent: Wednesday, August 26, 2020 11:56 AM To: Planning <Planning@oro-medonte.ca> Subject: Minor Variance Request, application 2020-A-24 Brian and Heather Crate Good evening Mayor, members of Council and staff, we hope that everyone has stayed healthy and safe during this unprecedented time in our lives. We are grateful that you have remained operational and are continuing to keep things running on as even keel, as humanly possible. Thank you! As you are aware we have made application for minor variances in order to facilitate the construction of a garage on our property. We would like to respectfully mention a few facts that we in our capacity of ordinary lay persons feel very much support our request for these variances. A. All services such as hydro, telephone, natural gas, and cable are currently located on our side of Moon Point Drive. We feel it would be highly unlikely that these services would be relocated. In fact Ontario Hydro has replaced a good number of higher capacity poles just a few years ago. B. Moon Point Drive on the lakeside is 100 % developed, properties on the opposite side of the road are currently zoned E.P. and farmland, hence, future high density new builds are not likely to happen. C. Snow removal and its dispersal has never, to the best of our knowledge, been any problem on our road! We also have a very large deep ditch that can acc- omodate large quantities of snow if necessary. D. Drainage is no issue whatsoever on any portion of our property, our lot elevation Is reasonably high with natural flow to both our West Ditch and Lake Simcoe. There are twelve lots to the North of our property that are of a lower elevation. E. Placement of this building with minor variances allowed will assist in the Preservation of some very large healthy trees. F. We also feel it is noteworthy to point out that our home and property was the first homestead built in this area and to the best of our knowledge has never encountered any flooding issues or issues of any nature as to negatively effect the further development and operations of this neighbourhood! Page 596 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... We thank you kindly for your time and effort put into dealing with our request and very much hope that you will graciously grant our minor variances. Stay safe, stay healthy! Sincerely Yours Brian and Heather Crate Page 597 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... Page 598 of 1022 12.a) 5:30 p.m. DS2020-100, Andy Karaiskakis, Senior Planner re: Minor V... 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Page 609 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Report Report No. To: Prepared By: DS2020-112 Development Services Andria Leigh, Director Committee Development Services Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-25 Roll #: R.M.S. File #: Carol Squirrell 4346-010-009-50900 D13-58293 94 Lakeshore Road East Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-112 be received and adopted. 2. That Minor Variance Application 2020-A-25 by Carol Squirrell, specifically for permission to construct a detached accessory building (garage) to be located in the front yard with a setback of 7.4 metres (24.5 feet) on lands municipally known as 94 Lakeshore Road East, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-112. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3(a) Permitted Location for Detached Accessory Buildings of Zoning By-law 97-95, as amended, 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, if required, an Ontario Land Surveyor, Professional Engineer or Certified Engineering Technologist verify by pinning the foundation wall of the detached garage in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached garage is located no closer than 7.4 metres (24.5 feet) from the front lot line; d) That the applicants maintain the existing vegetative buffer on the interior property line, or replace with a similar vegetative buffer; and, e) That the appropriate Zoning Certificate, Engineering Lot Grading, and decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services September 3, 2020 Report No. DS2020-112 Page 1of 10 Page 610 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... 4.And that the applicantsbe advised of the Development Services Commit decision under the Secretary- signature. Background: The subject property has a lot area of 0.1 hectares (0.24 acres) and contains a two- storey detached dwelling (145.67 sq.m (1568 sq.ft.)) and a detached accessory building (shed) located at the back of the property (refer to Schedules 1 and 2). The applicants are proposing to build a new 44.9 sq.m. (484 sq.ft.) detached accessory building (garage) in the front yard and are requesting relief from the following section of Zoning By-law 97-95, as amended: Section 5.1.3 (a) Permitted locations for detached accessory buildings and structures in all zones Required: Proposed: Not in Front Yard 7.4 metres (24.5 feet) and elevations are included as Schedules 3 and 4to this report. Analysis: Provincial Policy Statement (2020) The Provincial Policy Statement 2020 (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. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS as it pertains to an accessory building (garage) associated with a residential use on the property. 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. Growth Plan for the Greater Golden Horseshoe (2019) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed 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 shoreline residential area. Development Services September 3, 2020 Report No. DS2020-112 Page 2of 10 Page 611 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... The proposed development is located within 120 metres of an inland lake. Section 4.2.4.5 of the Growth Plan permits limited development outside of settlement areas, in development shoreline areas of inland lakes that are designated or zoned, as of July 1, nion that the proposed variance conforms to the Growth Plan as the subject lands are already developed for residential purposes and are located within an established shoreline residential area. 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. The LSPP addresses long term environmental issues in Lake Simcoe and its watershed by: Promoting immediate action to address threats to the ecosystem, such as excessive phosphorus; Targeting new and emerging causes of stress such as invasive species and climate change; and Protecting and restoring important natural areas such as shorelines and wetlands restoring the health of the fish and other aquatic life. The subject property however is not located within the area regulated through Ontario regulation 179/06 under the Conservation Authorities Act; and therefore does not require a permit to be issued by the Lake Simcoe Region Conservation Authority (LSRCA) prior to the Township Building Permit. On the basis of the comments provided above, Planning staff are satisfied that the proposed accessory building is consistent with the existing shoreline residential area and given the property is not located directly on Lake Simcoe will not create any hazards associated with the shoreline. County Official Plan The proposed building location is on lands that are designated Rural by the Simcoe County Official Plan. The Rural Designation permits limited residential development. In Official Plan as the proposed detached garage is accessory to an existing residential use of the property that conforms with the County policies. 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) Development Services September 3, 2020 Report No. DS2020-112 Page 3of 10 Page 612 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in accordance with Land . Permitted uses in this designation include single detached dwellings and, by extension, accessory uses on existing lots. Therefore, the proposed detached accessory building (garage) is considered to conform to the Official Plan policies. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) by - law 97-95, as amended. Single detached dwellings and accessory uses such as the proposed detached garage are permitted in the SR Zone. The applicant is seeking relief from the Zoning By-law to allow for the construction of a detached accessory building (garage) to be located in the front yard with a front yard setback of 7.4 m (24.5 feet). The general intent of the Zoning By-law in requiring detached accessory buildings to be located either in line with or behind the dwelling unit is to ensure the accessory building is considered secondary and subordinate to the main use of the property (being the dwelling). Given the detached garage is setback within the property (7.4 m (24.5 ft), is generally smaller in scale/area (44.9 sq.m. (484 sq.ft.)), and is a single storey in comparison to the existing two-storey 145.67 sq.m (1568 sq.ft.) dwelling, the proposed detached garage would continue to be considered secondary. Upon site inspection, Planning Staff noted that the location for the proposed detached garage would allow adequate space for maintenance of the garage and access around the garage and on- site parking without encroaching onto Lakeshore Road East. Operations Staff have reviewed the application and have advised that they have no objections to the application. Planning Staff are satisfied with the proposed location of the garage as the subject property is heavily vegetated along the eastern side lot line and with the detached garage being setback into the property would not detract from the streetscape and would not negatively impact the neighbouring property. The proposed garage cannot be located either in line with or behind the existing dwelling due to the location of the dwelling and air conditioning unit, the window wells, the location of the septic bed, and the mature trees along the property boundary that would be required to be removed for construction. Given the fact that the proposed detached garage would meet the By- for detached accessory buildings, Planning Staff does not expect the proposed garage to stand-out, look out of place or detract from the character of the this established neighbourhood based on the request to permit in the front yard with a setback comparable to that required for the principal dwelling. Development Services September 3, 2020 Report No. DS2020-112 Page 4of 10 Page 613 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... For the reasons outlined above, Planning Staff is of the opinion that the variance meets the general intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed detached structure to stand-out, look out of place or detract from the character of this established shoreline neighbourhood. Upon interior side lot line and, therefore the proposed structure will be well screened from surrounding properties. The proposed structure will not interfere with functional matters on the lot, such as parking, access and the septic system. Based on the above, Planning Staff are satisfied that the proposed development would be 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. Mature vegetation on and around the property will screen the proposed detached accessory building and the scale of the proposed accessory building will be consistent with that of other structures in the area. as the structure is not anticipated to have an adverse impact on the character and appearance of the neighbourhood. 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 Growth Plan for the Greater Golden Horseshoe, 2019 Lake Simcoe Protection Plan County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: are relevant to this application: Development Services September 3, 2020 Report No. DS2020-112 Page 5of 10 Page 614 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... 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: 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 objections. Driveway as per Entrance By-law. Development Engineering No Objection. An Engineered Lot Grading Plan will be require at time of building permit. Building Division no comments. Permit required prior to construction. Simcoe Muskoka Catholic District School Board no comment. Lake Simcoe Region Conservation Authority Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Schedule 4: Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-25 to permita detached accessory building (garage) in the front yard with a setback of 7.4 metres (24.5 feet) on lands municipally known as 94 Lakeshore Road East, 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. Respectfully submitted: Andria Leigh, RPP, Director, Development Services Approvals: Date: Andria Leigh, Director, Development Services August 27, 2020 Development Services September 3, 2020 Report No. DS2020-112 Page 6of 10 Page 615 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Schedule 1: Location Map Development Services September 3, 2020 Report No. DS2020-112 Page 7of 10 Page 616 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Schedule 2: Aerial Plan Development Services September 3, 2020 Report No. DS2020-112 Page 8of 10 Page 617 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Schedule 3: Site Plan Development Services September 3, 2020 Report No. DS2020-112 Page 9of 10 Page 618 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Schedule 4: Elevations Development Services September 3, 2020 Report No. DS2020-112 Page 10 of 10 Page 619 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:20 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-25) Squirrell Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 620 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:43 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-25) Squirrell Teresa Operations does not have any objections to the application. Comments are as follows: 1. Driveway as per Entrance Bylaw. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 621 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Monday, August 17, 2020 3:20 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-25) Squirrell Good Afternoon Teresa, The school board has no comment on Minor Variance Application (2020-A-25) Squirrell. Kind Regards, Janet Porter Senior Planner Page 622 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 11:55 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, September 03, 2020 (2020-A-25) Squirrell Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 623 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Page 624 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Page 625 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Page 626 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Page 627 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Page 628 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Page 629 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Page 630 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Page 631 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Page 632 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Page 633 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Page 634 of 1022 12.b) 5:40 p.m. DS2020-112, Andria Leigh, Director, Development Services... Page 635 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Report Report No.To:Prepared By: DS2020-101Development Services Andy Karaiskakis, Senior CommitteePlanner Meeting Date:Subject:Motion # September 3, 2020Minor Variance Application_____________________ 2020-A-26 Roll #:R.M.S. File #: Scott and Sharon Brooks 4346-030-012-37000D13-58294 785Woodland Drive Recommendation(s):Requires ActionFor Information Only X It is recommended: 1.That Report No. DS2020-101bereceivedand adopted. 2.That Minor Variance Application 2020-A-26by Scott and Sharon Brooks, specifically for permission toconstruct an addition to the existing singledetached dwellingwith a reduced setback to the Environmental Protection (EP) Zone of 25.0 metres (82.0 feet) on lands municipally known as 785 Woodland Drive, Township of Oro-Medonte,beapproved, subject to the conditions as outlined in Report DS2020-101. 3.The conditions are as follows: a)That notwithstanding Section 5.27Setback from Limits of Environmental Protection (EP) Zoneof Zoning By-law 97-95, as amended, the proposed additionshall 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 onthe application and sketches submitted and approved by the Committee;and, c)That the appropriate Zoning Certificate, Engineered Lot Grading Planand Building Permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4.And that the applicantsbe advised of the Development Services Committee’s decision under the Secretary-Treasurer’ssignature. Development ServicesSeptember 3, 2020 Report No. DS2020-101Page 1of 12 Page 636 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Background: The subject property has a lot area of 0.14hectares (0.34acres) andcontains a single detached dwellingandtwo detached accessory buildings(refer to Schedules 1 and 2). The applicantsareproposing to build a new 88.4sq.m. (952.0sq.ft.) addition to the existing dwelling and are requesting relief from the following section of Zoning By-law 97-95, as amended: Section 5.27 –Setback from Limits of Environmental Protection (EP) Zone Required: Proposed: 30.0 metres (98.4 feet)25.0 metres (82.0 feet) The applicant’s site plan drawing and elevations are included as Schedules3and 4to this report. Analysis: Provincial Policy Statement (2020) The Provincial Policy Statement 2020 (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 Hazardsare applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS as it pertains to anaddition to the existing dwelling. 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. Growth Plan for the Greater Golden Horseshoe (2019) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewedand Planning Staff is of the opinion that the proposed additionisconsistent 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 4.2.2 Natural Heritage System has also been reviewed by Planning Staff with respect to the proposed Minor Variance application. The Natural Heritage System policies of the Growth Plan regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrological Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and Development ServicesSeptember 3, 2020 Report No. DS2020-101Page 2of 12 Page 637 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... springs). The Province has mapped a NaturalHeritage System for the Greater Golden Horseshoe, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. Planning staff have reviewed the Ministry of NaturalResources and Forestry (MNRF) Natural Heritage System mapping applicable to the subject property and the surrounding area and confirm the mapping identifies a woodland area and a Provincially Significant Wetland (Carthew Bay Wetland) to the west of Woodland Drive. The lands are adjacent to the above noted Key Natural Heritage Features, and therefore, this application is subject to the policies of Section 4.2.4 of the Growth Plan. Specifically, Section 4.2.4.5 is applicable because it provides for development in developed shoreline areas that were designated and zoned as of July 1, 2017 for development, which would apply in this situation as the subject lands were/are designated and zoned for shoreline residential development. Based on the above, it is Planning Staff’s opinion that this application is not affected by the Natural Heritage System policies of the Growth Plan and that the proposed development of the lot for an addition to the existing dwelling conforms to the Growth Plan as the lands subject to this application are already within an established shoreline residential area and further, the subject property is separated from the key natural heritage feature (significant wetland) by Woodland Drive with no impact on the feature foreseen. 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. The LSPP addresses long term environmental issuesin Lake Simcoe and its watershed by: Promoting immediate action to address threats to the ecosystem, such as excessive phosphorus; Targeting new and emerging causes of stress such as invasive species and climate change; and Protecting and restoring important natural areas such as shorelines and wetlands restoring the health of the fish and other aquatic life. 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.Planning Staff have reviewed applicable LSPP policies and is of the opinion that the application is consistent with the naturalheritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. County Official Plan The subject lands are designated Rural by the Simcoe County OfficialPlan.The Rural Designation permits limited residential development. In Planning Staff’s opinion, the Development ServicesSeptember 3, 2020 Report No. DS2020-101Page 3of 12 Page 638 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... proposed development is consistent with the County’sOfficial Plan as theproposed addition is an extension to anexisting 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 shallbe 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: Doesthe variance conform to the general intentand purposeof the Official Plan? The subject landsare designated “Shoreline”inaccordancewith Schedule “A –Land Use” of the Township’s Official Plan(refer to Schedule 5).Permitted uses in this designation include single detached dwellings. On this basis, the requested variance for an addition to the single detached dwellingconforms to the Official Plan. Doesthe variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential Exception 2(SR*2) by the Township’s Zoning By-law 97-95, as amended(refer to Schedule 6). The exception to the zoning allows a minimum interior side yard setback of 1.5 metres (4.9 feet). Single detached dwellings are permitted in the SR*2Zone. The Zoning By-law requires a minimum setback of 30 metres (98.4 feet) from the limits of the Environmental Protection (EP) Zone to protect natural heritage features. As mentioned in earlier sections of this report, the proposed addition to the existing dwelling is proposed to be within 30 metres of a Provincially Significant Wetland (PSW) (Carthew Bay Wetland) located on the west side of Woodland Drive. Planning Staff is of the opinion that the applicant’s requested setback of 25 metres (82.0 feet) to the EP Zone/PSW meets the general intent of the Zoning By-law on the basis that the subject lands are already within an established shoreline residential area and that the subject lands are separated from the PSW by Woodland Drive with no impact on the natural heritage feature foreseen. Isthe variance appropriate for the desirable development of the lot? Planning Staff does not expect the proposed addition to stand-out, look out of place or detract from the character of this established shoreline neighbourhood. The proposed additionwill not interfere with functional matters on the lot, such as parking, access and Development ServicesSeptember 3, 2020 Report No. DS2020-101Page 4of 12 Page 639 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... the septic system.In order to accommodate the proposed addition, the applicant will be demolishing an existing boathouse/garage presently located on the lands. Based on the above, Planning Staff are satisfied that the proposed development would be desirable for the appropriate development of the lot. Isthe variance minor? Planning Staff are of theopinionthatthe requested Minor Variance for a reduced setbackto the EP Zone of 25.0metres (82.0 feet) to the proposed addition is minor in naturefor this propertyas the structure is not anticipated to have an adverse impact on the character and appearance of the neighbourhood. Financial/Legal Implications/Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal(LPAT) and Council chooses to defend the Committee’s decision. Policies/Legislation: Planning Act,R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 Growth Plan for the Greater Golden Horseshoe, 2019 Lake Simcoe Protection Plan County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township’s Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township’s natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township’s natural features and attributes. Development ServicesSeptember 3, 2020 Report No. DS2020-101Page 5of 12 Page 640 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... 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.An engineered lot grading plan will be required at time of building permit. Township Infrastructure and Capital Projects –No objections. Building Division –no comments Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant’s Site Plan Schedule 4: Applicant’s Elevations Schedule 5:Township Official Plan –Land Use Schedule 6:Existing Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-26to permitan addition to the existing single detached dwelling with a reduced setback to the Environmental Protection (EP) Zone of 25.0 metres (82.0 feet) on lands municipally known as 785 Woodland Drive, Township of Oro-Medonte, be approved, on the basis that the applicationis 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 Actand represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals:Date: Derek Witlib, Manager, Planning ServicesAugust 26, 2020 Andria Leigh, Director, Development ServicesAugust 26, 2020 Development ServicesSeptember 3, 2020 Report No. DS2020-101Page 6of 12 Page 641 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Development ServicesSeptember 3, 2020 Report No. DS2020-101Page 7of 12 Page 642 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Development ServicesSeptember 3, 2020 Report No. DS2020-101Page 8of 12 Page 643 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Development ServicesSeptember 3, 2020 Report No. DS2020-101Page 9of 12 Page 644 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Development ServicesSeptember 3, 2020 Report No. DS2020-101Page 10of 12 Page 645 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Development ServicesSeptember 3, 2020 Report No. DS2020-101Page 11of 12 Page 646 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Development ServicesSeptember 3, 2020 Report No. DS2020-101Page 12of 12 Page 647 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 3:59 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-26) Brooks Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 648 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 4:08 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-26) Brooks Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 649 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 10:52 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, September 03, 2020 (2020-A-26) Brooks The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 650 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ August 25, 2020 File No: 2020-A-26 IMS File No.: VA-189627-081420 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 785 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 dwelling with a reduced setback to the Environmental Protection Zone. 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, 2014) 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 as well as setback to a provincially significant wetland (Carthew Bay Wetland). The subject property is currently designated Shoreline in the Township of Oro- The subject property is currently zoned Shoreline Residential (SR) Zone. Page 651 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... 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 is within the shoreline hazard land however residential use is existing and this proposal does not constitute an intensification of this use. 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 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 fully within a regulated area and therefore will require a permit from LSRCA. Page 652 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 3 of 3 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 any works within the regulated area. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Development Planner Page 653 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 654 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 655 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 656 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 657 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 658 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 659 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 660 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 661 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 662 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 663 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 664 of 1022 12.c) 5:50 p.m. DS2020-101, Andy Karaiskakis, Senior Planner re: Minor V... Page 665 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Report Report No. To: Prepared By: DS2020-096 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-27 Roll #: R.M.S. File #: Mark Cameron 4346-010-005-40400 D13-58303 18 Cook Lane Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-096 be received and adopted. 2. That Minor Variance Application 2020-A-27 by Mark Cameron, specifically for permission to permit a detached accessory building with an increase in floor area to 132.8 square metres (1,429.4 square feet) and increase in height to 5.5 metres (18.2 feet) on the lands municipally known as 18 Cook Lane, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-096. 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 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, NVCA permit and Building Permit be obtained from the Township only within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant decision under the Secretary-T Development Services September 3, 2020 Report No. DS2020-096 Page 1of 10 Page 666 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.3 hectares (0.74 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 136.85 sq. m. (1,473.0 sq. ft.), a detached accessory building (to be removed) with an area of 27.9 sq. m. (300.3 sq. ft.) and a boathouse with an area of 49.5 sq. m. (532.8 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) 5.55 metres (18.2 feet) 5.1.6 Maximum floor area Required: Proposed: 70 square metres (753.5 square feet) 132.8 square metres (1,429.4 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 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. protect, improve or restore the quality and quantity of water Planning staff are confident that the required permit and conditions by NVCA will take all necessary precautions to protect the environment. 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. Development Services September 3, 2020 Report No. DS2020-096 Page 2of 10 Page 667 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... A Place to Grow, 2019 A Place to Grow (2019) was approved on May 16, 2019 to replace the 2017 Growth Plan. This plan provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed 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 shoreline 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 inland lake (Bass Lake). 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 required permit by NVCA will take all necessary precautions to protect the key hydrologic and natural heritage features. Section 4.2.4.5 speaks to developed shoreline areas of inland lakes permitting redevelopment should the project meet several criteria such as minimizing erosion, and avoiding/mitigation sedimentation near the lake. The requirement for an Engineered Lot Grading Plan and NVCA permit will satisfy this section. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2019 as the subject lands are already developed for residential purposes and are located within an established shoreline residential area. County of Simcoe Official Plan promote long-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. 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 Development Services September 3, 2020 Report No. DS2020-096 Page 3of 10 Page 668 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... 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 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 most 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 Limited Service (RLS Zoning By-law 97-95, as amended. Single detached dwellings are permitted in the RLS 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 building will continue to be secondary and subordinate to the primary use of the property as residential. The proposed detached accessory building will be similar in size (floor area) to the existing dwelling. However, the proposed accessory building is a two-story building, making the main floor footprint smaller than that of the dwelling. The proposed accessory building will be located at the front of the property which is permitted by the Zoning By-law when the property is abutting a lake. Upon site inspection it was confirmed that there is mature vegetation located along the lot lines. It is Planning Staffs opinion that the proposed accessory building would therefore 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 Development Services September 3, 2020 Report No. DS2020-096 Page 4of 10 Page 669 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... detract from the character of this established neighbourhood. Upon site visit, Staff noted mature vegetation along the North, East and West lot lines, and only one house with a view of the proposed construction. There is a smaller existing accessory building in the proposed location, which will be removed. There are also several trees that will be required to be removed, as the proposed construction is larger than the existing building. The proposed structure will be in keeping with the character of the neighbourhood. Due to the amount of vegetation on the property, the two-storey structure will not stand out even though many of the surrounding structures are only one storey. The proposed second storey will be used for storage, as state in the minor variance application. 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. At the time of writing this report, no 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 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 Development Services September 3, 2020 Report No. DS2020-096 Page 5of 10 Page 670 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... 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 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 Nottawasaga Valley Conservation Authority no comments received SMCDSB no objection 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-27 be approved, specifically to permit a detached accessory building with an increased height and floor area on the lands municipally known as 18 Cook Lane 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 Andria Leigh, Director, Development Services August 27, 2020 Development Services September 3, 2020 Report No. DS2020-096 Page 6of 10 Page 671 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location map Development Services September 3, 2020 Report No. DS2020-096 Page 7of 10 Page 672 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services September 3, 2020 Report No. DS2020-096 Page 8of 10 Page 673 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Site Plan Development Services September 3, 2020 Report No. DS2020-096 Page 9of 10 Page 674 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Plan Development Services September 3, 2020 Report No. DS2020-096 Page 10 of 10 Page 675 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:22 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-27) Cameron Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 676 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:44 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-27) Cameron Teresa Operations has no objections to this application Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 677 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Monday, August 17, 2020 3:18 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-27) Cameron Good Afternoon Teresa, The school board has no comment on Minor Variance Application (2020-A-27) Cameron. Kind Regards, Janet Porter Senior Planner Page 678 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 11:54 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, September 03, 2020 (2020-A-27) Cameron Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 679 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Emma Perry <eperry@nvca.on.ca> {ĻƓƷʹ Thursday, September 3, 2020 4:18 PM ƚʹ Planning <Planning@oro-medonte.ca> /ĭʹ Falconi, Teresa <tfalconi@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Planning Dept <Planning@nvca.on.ca> {ǒĬƆĻĭƷʹ NVCA comments (multiple applications) - CofA meeting 3 September 2020 The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the following Committee of Adjustment applications. Based upon our mandate and policies under the Conservation Authorities Act, we have no objection to their approval. We further advise the following applications are affected by Ontario Regulation 172/06 where a permission to develop is required from the NVCA under the Conservation Authorities Act prior to any development or site alteration: 2020-A-38 5 Goss Rd (Porges) NVCA File # 28960 2020-A-27 18 Cook Lane (Cameron) NVCA File # 27675 2020-B-19 46 Boyd Cres (Foley) benefitting 18 Boyd Cres. NVCA File # 43589 Thank you for circulating these applications and please forward a copy of the decisions. Sincerely, Emma PerryI Nottawasaga Valley Conservation Authority th 8195 8 Line, Utopia, ON L0M 1T0 T 705-424-F 705-424-2115 Page 680 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 681 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 682 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 683 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 684 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 685 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 686 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 687 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 688 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 689 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 690 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 691 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 692 of 1022 12.d) 6:00 p.m. DS2020-96, Danielle Waters, Planner re: Minor Variance A... Page 693 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Report Report No. To: Prepared By: DS2020-092 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: Subject: Motion # September 3, 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 1. That Report No. DS2020-092 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 DS2020-092. 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 from the Township only binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. the Secretary- Background: 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. Development Services September 3, 2020 Report No. DS2020-092 Page 1 of 10 Page 694 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... The property currently contains a single-family dwelling with an accessory apartment and a 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 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 and Natural Heritage policies of the PPS. Growth Plan for the Greater Golden Horseshoe, 2019 A Place to Grow (2019) was approved on May 16, 2019 to replace the 2017 Growth Plan. This plan provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed accessory building conforms to the Rural Areas policies in the Growth Plan 2019 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 Development Services September 3, 2020 Report No. DS2020-092 Page 2 of 10 Page 695 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... designation. Planning 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. The NVCA 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 NVCA 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 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? Offi include single detached dwellings and by association accessory structures. The subject lands has been identified as significant woodlands on Schedule B-Natural Feat Official Plan. 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 is 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 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. Development Services September 3, 2020 Report No. DS2020-092 Page 3 of 10 Page 696 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... The intent of the Greenlands 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. promote long- the proposed accessory structure would be a continuation of the existing 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. 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) zone portion of the property and is permitted pursuant to Section 5.1 of the By-law. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of a building with a 1.0 metre setback from the limit 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 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, they are requesting the 1 metre setback due the positioning of their solar tracker. The new shed would impact the performance of the tracker in a range of at least 5-10% loss if it were placed 30 metres or closer from the EP boundary. 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. Therefore as mentioned above the proposed variance conforms to the general intent of the -law. Development Services September 3, 2020 Report No. DS2020-092 Page 4 of 10 Page 697 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... 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. 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: Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: The application is aligned with the objectives of the Balanced Growth strategic goal by protecting our natural environment. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Operations Department: No Objection Development Services September 3, 2020 Report No. DS2020-092 Page 5 of 10 Page 698 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Township Building Department: No Comments Township Engineering Department: No Objection Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 4: Elevation Plan 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 and the Nottawasaga Valley Conservation Authority prior to making their decision. Respectfully submitted: Todd Weatherell, RPP, CPT Intermediate Planner Approval: Date Andria Leigh, Director, Development Services August 27, 2020 Development Services September 3, 2020 Report No. DS2020-092 Page 6 of 10 Page 699 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Schedule 1: Location Map Development Services September 3, 2020 Report No. DS2020-092 Page 7 of 10 Page 700 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Schedule 2: Aerial Photos Development Services September 3, 2020 Report No. DS2020-092 Page 8 of 10 Page 701 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Development Services September 3, 2020 Report No. DS2020-092 Page 9 of 10 Page 702 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Schedule 4: Elevation Plan: Development Services September 3, 2020 Report No. DS2020-092 Page 10 of 10 Page 703 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 4:22 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-28) Gordon & Logie Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 704 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 4:09 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-28) Gordon & Logie Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 705 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 10:52 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, September 03, 2020 (2020-A-28) Gordon & Logie The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 706 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... From: Jamie Gordon (pathcom) <gordonj@pathcom.com> Sent: Monday, August 31, 2020 9:45 AM To: Planning <Planning@oro-medonte.ca> Cc: Jamie Gordon <gordonj@pathcom.com> Subject: comments on Minor Variance request 2020-A-28 for 1374 Moonstone Road West -September 3 public hearing The following is from the property owner at 374 moonstone road west. This minor variance request is to allow the positioning of a shed closely adjacent to the driveway on the property. The requested location is an open area requiring no disturbance of the existing forested areaon the property and minimal site preparation would be required. The driveway is located in an EP and the request is to locate the shed outside of the EP but inside the 30 metre setback required by the zoning by-law. The EP in question surrounds a run off dip in the land. This area only has visible water collecting in it / moving through it for about 6 weeks during the spring thaw and during periods of heavy rain. Most of Simcoe county is subject to the same situation -water moves over and through the surface during these periods. The shed is intended to be used for storage of equipment, (such as tractor, trailer etc) year round access is required and we need to be able to drive to it on a regular basis. It would seem to 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. We would also like to avoid the need (and cost) to plough a longer route between the shed and the driveway. Positioning the shedat the 30 metres from the EP will locate it in an area where it is obstructing the line of sight from the solar tracker located on the property. The performance loss has been estimated to be in the range of at least 5-10%. At the current time our break even on the tracker (without the shed) is already at or greater than the 20 year life of the contract with Ontario Hydro. Placing the shed beyond the 30 metre setback and out of the area where it would impact the solar tracker would require cutting trees as well as significant work to prepare a site and would necessitate a longer driveway/access route. Page 707 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... The minor variance requests that we be allowed to locate the shed 1 metre from the EP. The desire is to locate the shed near to the existing driveway to minimize disturbance on the property. A decision to allow the shed location 2 or 3 metres from the EP boundary also meet our objective. Regards, Roderick Gordon Jamie Gordon Page 708 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ Emma Perry <eperry@nvca.on.ca> {ĻƓƷʹ Thursday, September 3, 2020 4:01 PM ƚʹ Planning Dept <Planning@nvca.on.ca> /ĭʹ Falconi, Teresa <tfalconi@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Meagan Kieferle <mkieferle@nvca.on.ca> {ǒĬƆĻĭƷʹ NVCA Comments re 2020-A-28 - 1374 Moonstone Road West, Oro-Medonte (NVCA File # 37698) The Nottawasaga Valley Conservation Authority (NVCA) confirms receipt of the above-noted Committee of Adjustment application. At this time, NVCA staff advise that the proposed development is located within a Natural Hazard (slope erosion) and the 120m wetland interference buffer. Permission to develop from the NVCA is required under the Conservation Authorities Act; a permit application has been initiated by the applicant but has not been processed as it was incomplete. The NVCA recommends that the Committee defer the application until the applicant demonstrates that the proposed location for the shed is outside of the Natural Hazard area. This may be achieved through NVCA technical review, 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 Committee is advised that NVCA staff have presented these options to the applicant prior to circulation of application 2020-A-28. The Committee is advised that approval of application 2020-A-28 may result in permission as-of-right to construct a structure in a location that does not meet NVCA technical standards for development within natural hazards, and permission to develop may be refused in the absence of the above-noted technical information. Should the Committee decide to approve the application, the NVCA strongly recommends it do so subject to the following conditions: The applicant obtains permission to develop from the NVCA under the Conservation Authorities Act. Thank you for circulating this application and please forward a copy of the decision. 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 709 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Page 710 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Page 711 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Page 712 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Page 713 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Page 714 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Page 715 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Page 716 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Page 717 of 1022 12.e) 6:10 p.m. DS2020-92, Todd Weatherell, Intermediate Planner re: Min... Page 718 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... Report Report No. To: Prepared By: DS2020-088 Development Services Catherine McLean Committee Planner Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-29 Roll #: R.M.S. File #: Greg Harris 4346-010-003-37200 D13 58363 2292 Line 8 North Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-088 be received and adopted. 2. That Minor Variance Application 2020-A-29 by Greg Harris, specifically for permission to build a one-storey detached accessory building with floor area of 371.6 square metres (4,000.0 square feet) and a height of 5.6 metres (18.3 feet) on the lands municipally known as 2292 Line 8 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2020-088. 3. The conditions are as follows: a) That notwithstanding Sections 5.1.4 & 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the Zoning Certificate for the accessory building contains a condition that the shipping container be removed prior to the applicant obtaining occupancy for the new detached accessory building; c) That the proposed detached accessory building not be used for human habitation or for commercial purposes. d) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; e) 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 decision under the Secretary- Development Services September 3, 2020 Report No. DS2020-088 Page 1of 11 Page 719 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... Background: The subject property has a lot area of 1.2 hectares (3.0 acres) and currently contains a single detached dwelling, two small sheds and a shipping container. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicant is proposing to build a new detached accessory building and is requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 5.1.4 Maximum Height Required: Proposed: 4.5 metres (14.7 feet) 5.6 metres (18.3 feet) Section 5.1.6 Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) 371.6 square metres (4,000.0 square feet) te plan and elevation drawings are included as Schedules 3 and 4 to this report. 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 2.1 Natural Heritage are applicable to this application. The proposed development is consistent with the PPS with respect to Rural Areas as the detached accessory building is accessory to the existing dwelling, which represents limited residential development. 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 significant woodlands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. The property is part of a larger natural heritage system as it is surrounded on all sides by Simcoe County forests. The Growth Plan policies, which will be explained in more detail in the following section, build upon the policy foundation provided by the PPS and provides further direction with regards to the protection of key natural heritage features. As stated in the Growth Plan, Where the policies of this Plan address the same, similar, related, or overlapping matters as policies in the PPS, applying the more specific policies of this Plan satisfies ). As Development Services September 3, 2020 Report No. DS2020-088 Page 2of 11 Page 720 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... such in reviewing the more detailed policies in Section 4.2.3.1 as discussion below, Planning Staff are satisfied that the proposed development is consistent with the Natural Heritage policies of the PPS, there is no alternative location for the proposed accessory building outside the significant woodland and the accessory building will be located in close proximity to the existing dwelling. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed accessory building is consistent with the Rural Areas policies in the Growth Plan as it will be located on an established rural residential lot. According to Schedule B of within the Oro Moraine Core/Corridor within the Core Areas, Corridor Areas and Outliers are considered to be Significant Key Hydrological Features, Key Hydrological Areas and Key Natural Heritage Features is applicable. Specifically Section 4.2.3.1 states: Outside of settlement areas, development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for: e) expansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan, subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing struct-43). policies for the following reasons: 1) the entire property is considered significant woodlands; therefore, there is no alternative location to build the detached accessory building on the property that would be outside the natural heritage feature; and, 2) the applicant is proposing to build the accessory building adjacent to the existing dwelling. County Official Plan The Greenlands Designation seeks to protect and restore the natural character, form, function and connectivity of the natural heritage system. system includes significant woodlands. Section 3.8.14 states that local Official Plans may contain policies and mapping that detail the criteria for determining significant woodlands or they can be determined through an EIS. The requirement for the EIS is discussed further in the context of the Township Official Plan policies. Development Services September 3, 2020 Report No. DS2020-088 Page 3of 11 Page 721 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... At the time of writing of this report, County comments have yet to be received by Township staff. Committee members should have regard to any County comments that Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Oro Moraine Core/Corridor Area Official Plan. The intent of the Oro Moraine Core/Corridor Area Designation is: restrict development in the most sensitive area of the Oro Moraine; encourage the retention and enhancement of the natural heritage features and functions in the natural core area; maintain and where possible, improve and restore linkages between significant natural heritage features to facilitate the movement of plants and animals; and, restrict development in the Oro Moraine Natural Corridor Area that would have a negative impact on significant natural features and their ecological functions on lands within the Oro Moraine Natural Core Area designation. Permitted uses in the Oro Moraine Core/Corridor Area designation include single detached dwellings and accessory uses on existing lots as being proposed. approval may be subject to the preparation of an Environmental Impact Study (EIS) and a Management Plan (MP) before such an application is However, Section B1.7 provides the ability to waive the EIS requirement subject to a number of waived by Council if the proposed development is minor in nature and/or is located in an area that is not the site of or near any significant natural heritage features and/or if the subject lands are within a Draft Approved subdivision or are zoned to permit a use that is permitted by the implementing zoning by-Planning Staff are supportive of the requirement for an EIS and MP being waived given that the lands are not regulated by the Nottawasaga Valley Conservation Authority (NVCA) and the existing zoning of the property, Rural Residential Two, permits accessory buildings, simply not in Development Services September 3, 2020 Report No. DS2020-088 Page 4of 11 Page 722 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... the size being proposed. In other words, the owner could build multiple smaller accessory buildings that comply with the Zoning By-law without requiring an EIS. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build a detached garage, which is accessory to a permitted residential use in the Oro Moraine Core/Corridor Area. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Rural Residential Two (RUR2) By-law 97-95. -law, an accessory building is permitted pursuant to Section 5.1. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of a one storey detached accessory building with an increased the floor area from 70.0 square metres (753.5 square feet) to 371.6 square metres (4,000.0 square feet) and an increased height from 4.5 metres (14.7 feet) to 5.6 metres (18.3 feet). The Zoning By-law restricts the size of accessory buildings to ensure that such structures remain secondary and subordinate, in their appearance and in their use, to the primary residential use of the property; and to prevent over-development that would detract from the rural character of the area. The proposed detached accessory building is proposed to be significantly larger than the existing dwelling which is approximately 147.7 square metres (1,590.0 square feet) according to MPAC records. Nevertheless, based on the proposed use of the accessory building for storage and its location behind the dwelling, the accessory building will remain secondary and subordinate to the primary residential use. Upon site visit, Planning Staff noticed that there is a shipping container on the property. As per Section 5.36 of the Zoning By-No person shall, in any Residential Zone, use any truck, bus, coach, transport truck trailer, streetcar body, railway car body, railway shipping container, or similar structure of any kind, for the purpose of an accessory . Based on discussions with the owner, the shipping container will be removed once the accessory building is built. Should the application be approved, a condition should be added requiring the removal of the shipping container prior to obtaining occupancy for the detached accessory building. On this basis, it detached accessory building conforms to the general purpose and intent 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 accessory building will not be visible from the road or from the neighbouring properties due to the following unique characteristics of the lot: 1) The size of the property at 1.2 hectares/3.0 acres; 2) The accessory building will be located 57.3 metres (188.0 feet) from the rear lot line, 16.8 metres (55.0 feet) from the north interior side lot line and 32.9 metres (108.0 feet) from the south interior side lot line; and, Development Services September 3, 2020 Report No. DS2020-088 Page 5of 11 Page 723 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... 3) The property is heavily treed and surrounded on all sides by Simcoe County forests. Furthermore, the proposed size of the accessory building would not be out of character for the area as properties that are zoned Agricultural/Rural (A/RU) and have a lot area over 2 hectares (4.9 acres) in size are permitted to have large agricultural buildings with no size restrictions, provided that they meet the setback requirements. Yet, since this property is zoned Rural Residential Two (RUR2) and the property is 1.2 hectares (3.0 acres), only detached accessory buildings (not agricultural buildings) are permitted, which are subject to size restrictions. For the reasons listed above, Planning Staff are satisfied that the proposed variances are 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 variances to permit a detached accessory building with an increased floor area of 371.6 square metres (4,000.0 square feet) and a height of 5.6 metres (18.3 feet) are minor in nature as the proposed accessory building is not anticipated to have any adverse impacts on the neighbouring properties and it will not detract from the rural residential character of the lot. 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, 2019 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services September 3, 2020 Report No. DS2020-088 Page 6of 11 Page 724 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... 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. 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 Infrastructure and Capital Projects No comments or concerns. Simcoe Muskoka Catholic District School Board No comment. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule Schedule 4: Elevation Drawing Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-29 be approved, specifically, to permit the construction of a detached accessory building with a floor area of 371.6 square metres (4,000.0 square feet) and a height of 5.6 metres (18.3 feet) on the lands municipally known as 2292 Line 8 North, on the basis that the application meets the four tests of the Planning Act, and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Catherine McLean, Planner Approvals: Date: Derek Witlib, Manager Planning Services Andria Leigh, Director Development Services Development Services September 3, 2020 Report No. DS2020-088 Page 7of 11 Page 725 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... Schedule 1: Location Map Development Services September 3, 2020 Report No. DS2020-088 Page 8of 11 Page 726 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... Schedule 2: Aerial Photo Development Services September 3, 2020 Report No. DS2020-088 Page 9of 11 Page 727 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... Schedule 3: Site Plan Development Services September 3, 2020 Report No. DS2020-088 Page 10 of 11 Page 728 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... Schedule 4: Elevation Drawing Development Services September 3, 2020 Report No. DS2020-088 Page 11 of 11 Page 729 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, August 14, 2020 11:28 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-29) Harris Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 730 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, August 14, 2020 1:56 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-29) Harris Teresa Operations has no comments or concerns about this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 731 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Monday, August 17, 2020 3:44 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-29) Harris Good Afternoon Teresa, The school board has no comment on Minor Variance Application (2020-A-29) Harris. Kind Regards, Janet Porter Senior Planner Page 732 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... Page 733 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... Page 734 of 1022 12.f) 6:20 p.m. DS2020-88, Catherine McLean re: Minor Variance Applicati... 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File #: Mathieu Dupuis 4346-010-008-04905 D13- 58364 2021 Highway 11 North Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-102 be received and adopted. 2. That Minor Variance Application 2020-A-30 by Mathieu Dupuis, specifically to permit: 1) a minimum gross floor area of 92.9 square metres (1,000.0 square feet) for a single detached dwelling; and 2) a maximum floor area of 92.9 square metres (1,000.0 square feet) for an apartment dwelling unit accessory to a single detached dwelling, on lands municipally known as 2021 Highway 11 North, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-102. 3. The conditions are as follows: a) That notwithstanding Section 5.4(a) Single Detached Dwelling Gross Floor Area and Section 5.4(c) Maximum Floor Area of Apartment Dwelling Unit of Zoning By-law 97-95, as amended, the existing dwelling and proposed apartment dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; and, b) 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 be advised of the Development Services decision under the Secretary- signature. Background: The subject property has a lot area of 0.15 hectares (0.37 acres) and contains a single detached dwelling and a detached accessory building (refer to Schedules 1 and 2). The Development Services September 3, 2020 Report No. DS2020-102 Page 1of 12 Page 743 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... applicant is proposing to construct a basement apartment dwelling unit and is requesting relief from the following sections of Zoning By-law 97-95, as amended: Section 5.4(a) Single Detached Dwelling Gross Floor Area Required: Proposed/Existing: Minimum 110.0 square metres 92.9 square metres (1,000.0 square feet) (1,184 square feet) Section 5.4(c) Maximum Floor Area of Apartment Dwelling Unit Required: Proposed: Maximum 70.0 square metres 92.9 square metres (1,000.0 square feet) (753.4 square feet) Th and floor plans are included as Schedules 3 to 5to this report. Analysis: Provincial Policies The policies of the Growth Plan for the Greater Golden Horseshoe have been reviewed and are not affected in the context of the proposed development. The lands are subject to the Provincial Policy Statement (PPS) and the proposed development of an apartment dwelling unit accessory to a single detached dwelling on the lands is consistent with the PPS. County Official Plan The subject property is designated Agricultural by the Simcoe County Official Plan. The Agricultural Designation permits limited residential development. Official Plan as the proposed basement apartment dwelling unit is an extension to an existing residential use that is permitted by the policies. 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 September 3, 2020 Report No. DS2020-102 Page 2of 12 Page 744 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? (refer to Schedule 6) development of the lands for uses that are permitted by the Zoning By-law. Planning Staff is of the opinion that the proposed variances conform to the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Zone By-law No. 97-95, as amended (refer to Schedule 7), which permits a single detached dwelling, as well as an accessory apartment within such a dwelling. The Zoning By-law regulates the size of the minimum first floor area of dwellings in order to achieve a consistent minimum dwelling size and style in the Township. In the the Zoning By-law would not be visually noticeable. With respect to the Zoning By- apartment dwelling unit, the intent of the Zoning By-law is to ensure that such apartments remain secondary to the main dwelling unit. In this case, the proposed dwelling unit is to be located within a basement, with the apartment possessing its own walk-out entrance on the south side of the proposed dwelling. With this arrangement, the main floor dwelling unit will clearly be the main dwelling unit in the building in terms of its appearance and function. On the basis of the preceding, the requested variances are considered to meet the purpose and intent of the Zoning By-law and would be considered appropriate for the desirable development of the lot. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed basement apartment unit to look out of place or detract from the character of this rural residential area. On this basis, Planning Staff are satisfied that the proposed development would be desirable for the appropriate development of the lot. Are the variances minor? As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character or uses of the surrounding area, the variances are considered to be minor. Development Services September 3, 2020 Report No. DS2020-102 Page 3of 12 Page 745 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... 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 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: 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: 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 subjectlands. As of the preparation of this report, the following comments have been received: Township Development Engineering No objection. Township Infrastructure and Capital Projects No objections. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Main Floor Plan Schedule 6: Township Official Plan Land Use Schedule 7: Existing Zoning Development Services September 3, 2020 Report No. DS2020-102 Page 4of 12 Page 746 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-30 to permit1) a minimum gross floor area of 92.9 square metres (1,000.0 square feet) for a single detached dwelling; and 2) a maximum floor area of 92.9 square metres (1,000.0 square feet) for an apartment dwelling unit accessory to a single detached dwelling, on lands municipally known as 2021 Highway 11 North, 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. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Andria Leigh, Director, Development Services August 27, 2020 Development Services September 3, 2020 Report No. DS2020-102 Page 5of 12 Page 747 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Development Services September 3, 2020 Report No. DS2020-102 Page 6of 12 Page 748 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Development Services September 3, 2020 Report No. DS2020-102 Page 7of 12 Page 749 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Development Services September 3, 2020 Report No. DS2020-102 Page 8of 12 Page 750 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Development Services September 3, 2020 Report No. DS2020-102 Page 9of 12 Page 751 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Development Services September 3, 2020 Report No. DS2020-102 Page 10 of 12 Page 752 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Development Services September 3, 2020 Report No. DS2020-102 Page 11 of 12 Page 753 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Development Services September 3, 2020 Report No. DS2020-102 Page 12 of 12 Page 754 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 5:36 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-30) Dupuis Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 755 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 9:15 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-30) Dupuis Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 756 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... CƩƚƒʹ Akhtar, Usman (MTO) <Usman.Akhtar@ontario.ca> {ĻƓƷʹ Tuesday, August 25, 2020 2:12 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-30) Dupuis Good Morning, I have no comments or concerns with the addition of a basement apartment. A MTO building and land use permit is not required granted there is no change in the footprint of the development. Thank you, Usman Page 757 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... CƩƚƒʹ Emma Perry <eperry@nvca.on.ca> {ĻƓƷʹ Thursday, August 27, 2020 1:08 PM ƚʹ Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> /ĭʹ Falconi, Teresa <tfalconi@oro-medonte.ca>; 'bine_there_done_that@hotmail.com' <bine_there_done_that@hotmail.com>; Planning Dept <Planning@nvca.on.ca> {ǒĬƆĻĭƷʹ NVCA Comments re Notice of Public Hearing (2020-A-30) Dupuis (NVCA File 42570) Good afternoon Andy, NVCA staff have reviewed the above-noted application for minor variance to allow an oversize Apartment Dwelling Unit in the existing dwelling basement. NVCA staff advise that the subject site is within a mapped flood hazard associated with Willow Creek, and therefore within the NVCA Regulation Limit wherein permission from the NVCA is required for development and site alteration. We recommend deferral of this application for provision of additional technical information which demonstrates conformity with Provincial and NVCA policy. Provincial policy prohibits development within natural hazards, including hazards associated with flooding. NVCA Planning and Regulations policy prohibits increases in occupancy within flood hazard lands, due to the increased risk to life and the impossibility of adequately flood-proofing habitable basements (minimum opening elevations must be 0.3m above the Regional Flood elevation). Should the applicant wish to pursue this application further, it must be demonstrated that the existing dwelling is not within a flood hazard. A Natural Hazard Study may be required to be completed by the applicant to the satisfaction of the NVCA prior to NVCA staff providing a recommendation to approve this application, or permission to develop/change use. The Committee is advised that approval of this Minor Variance application may result in an approval for which, in the absence of the required Natural Hazard study, the NVCA may be unable to issue permission to develop. The applicant should contact the undersigned to initiate their NVCA permit application and technical review of the proposed development/change of use. Please provide a copy of the Notice of Decision once available, and contact the undersigned for any additional information. 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 758 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Page 759 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Page 760 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Page 761 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Page 762 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Page 763 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Page 764 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Page 765 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Page 766 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Page 767 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Page 768 of 1022 12.g) 6:30 p.m. 2020-102, Andy Karaiskakis, Senior Planner re: Minor Var... Page 769 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Report Report No. To: Prepared By: DS2020-093 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-31 Roll #: R.M.S. File #: Sheila and Dave Davies 4346-020-003-07000 D13-58365 Concession 9, West Part Lot 6, RP 51R656 (No municipal number assigned) Recommendation(s): Requires Action For Information Only X 1. That Report No. DS2020-093 be received and adopted. 2. That Minor Variance Application 2020-A-31 by, Sheila and Dave Davies, specifically for permission to construct an new single detached dwelling with a 7.71 metre setback from the limit of the Environmental Protection (EP) Zone on the lands legally known as Concession 9, West Part Lot 6, RP 51R656, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2020-093. 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 the permits and approvals required from 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. 3. the Secretary- Development Services September 3, 2020 Report No. DS2020-093 Page 1 of 9 Page 770 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Background: The subject property has a lot area of 0.95 hectares (2.34 acres) and is located on the south side of Warminster Sideroad between Line 8 North and Line 9 North. A location map is attached as Schedule 1 and an aerial image as Schedule 2 to this report. The property is currently vacant. The purpose of the application is to construct single detached dwelling and the applicant 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) 7.71 metres (25.29 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. 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 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 single family dwelling will be in keeping with the rural landscape of the area. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS. Growth Plan for the Greater Golden Horseshoe, 2019 Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed dwelling is consistent with the Rural Areas policies in the Growth Plan. Nottawasaga Valley Conservation Authority A portion of the subject lands including the location of the part of the dwelling, are regulated by the Nottawasaga Valley Conservation Authority (NVCA). The applicant will require a permit from NVCA if the proposed application is approved. The NVCA has been circulated this application Development Services September 3, 2020 Report No. DS2020-093 Page 2 of 9 Page 771 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... and have not provided comments prior to the completion of this report. The members of the Committee should have regard to any NVCA 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 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? Agricultural policies of the Pl dwellings. The proposed dwelling will preserve the existing rural character of the area as it will be located on a property that is adjacent to other residential properties. The requested variance conforms to the Official Plan. The subject lands is also designated Agric within the County of Simcoe Official Plan. The proposed dwelling would be a continuation of the existing residential uses on the surrounding properties 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. 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 a dwelling unit will be located on the Agricultural/Rural (A/RU) zoned portion of the property and is permitted pursuant to Section 5.1 of the By-law. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of a dwelling with a 7.71 metre setback from the limit 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 Development Services September 3, 2020 Report No. DS2020-093 Page 3 of 9 Page 772 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... site inspection, it was determined that the topography of the property is very flat and that the adjacent property to the east would contain more of the environmental feature (stream/ponds) on the property and the requested 7.71 metre setback from the EP boundary would be an appropriate setback to the proposed dwelling as it would appear based on aerial photography going back to 1997 that the property has continued to be dry. Therefore as mentioned above the proposed variance conforms to the general intent of the -law. Is the variance desirable for the appropriate development of the lot? The proposed variance is appropriate and desirable as the proposed dwelling will be located in an area that is already cleared where no EP feature was noticeable during the site visit. The new building will not affect any of the adjacent neighbours as the dwelling will blend in with the adjacent uses on the street. Based on the above, Planning Staff is of the opinion that the variance desirable for the appropriate development of the lot. Is the variance minor? The proposed variance is considered minor, as the single detached dwelling unit will be located in an area that will preserve the existing trees on the property as well as comply with all setback requirements within the Agricultural/Rural (A/RU) Zone. The reduced setback from the Environmental Protection (EP) Zone is considered minor, as the building would be constructed far enough away from the environmental protection zone that the dwelling will not be impacted or will impact the environmental feature as most of the feature is located on the property to the east and the properties in the area are flat, which will help control runoff. 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: Development Services September 3, 2020 Report No. DS2020-093 Page 4 of 9 Page 773 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... 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 Objections Township Building Department: No Comments Township Engineering Department: No Objection Nottawasaga Valley Conservation Authority: Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 4: Elevation Plan Schedule 5: Zoning map Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-31 to permit a single detached dwelling unit with a 7.71 metre (25.29 feet) setback from the limits of the Environmental Protection (EP) zone on the lands municipally legally known as Concession 9, West Part Lot 6, RP 51R656 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. Respectfully submitted: Todd Weatherell, RPP, CPT Intermediate Planner Approval: Date: Andria Leigh, Director, Development Services August 27, 2020 Development Services September 3, 2020 Report No. DS2020-093 Page 5 of 9 Page 774 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Development Services September 3, 2020 Report No. DS2020-093 Page 6 of 9 Page 775 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Schedule 1: Location Map Schedule 2: Aerial Photo Development Services September 3, 2020 Report No. DS2020-093 Page 7 of 9 Page 776 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Development Services September 3, 2020 Report No. DS2020-093 Page 8 of 9 Page 777 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Schedule 4: Elevation Plan: Schedule 5: Existing Zoning Development Services September 3, 2020 Report No. DS2020-093 Page 9of 9 Page 778 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 4:20 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-31) Davies Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 779 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 10:51 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, September 03, 2020 (2020-A-31) Davies The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 780 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 24, 2020 8:28 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-31) Davies Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 781 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ Emma Perry <eperry@nvca.on.ca> {ĻƓƷʹ Wednesday, September 2, 2020 4:18 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Planning Dept <Planning@nvca.on.ca>; 'Bocephus Mills' <bocephus@millsbuilder.ca> {ǒĬƆĻĭƷʹ NVCA Comments re 2020-A-31 Concession 9, West Part Lot 6, RP 51R656 (Davies) NVCA File #42455 Good afternoon, NVCA staff have reviewed the above-noted application for minor variance, which seeks to reduce the setback from the EP zone from 30m to 7.71m to accommodate construction of a new single family dwelling on an existing vacant lot of record. NVCA staff note that the existing EP zone on the property does not fully capture the appears to encroach within the NVCA-regulated area. NVCA Regulatory comments: The property lies between two tributaries of Medonte Creek which is regulated on this property for the presence of a meander erosion hazard. Permission to develop (a permit) is required from the NVCA under the Conservation Authorities Act. Following the appeal period for this application, the applicant must submit a complete permit application to the NVCA in order to obtain a building permit. Permit requirements can be found on the NVCA Permit Application Form. NVCA Staff recommend the applicant consider relocating the proposed dwelling outside the mapped erosion hazard limit as the most expedient route to obtaining NVCA permission to develop. If the structure is located within the Hazard area, the NVCA may require submission of a geotechnical report addressing the meander erosion hazard and confirming the structure is outside the hazard land, as Provincial and NVCA policy prohibit new development within areas of Natural Hazards. Detailed permit requirements will be determined upon submission of the NVCA permit application. NVCA Staff recommend engaging a water resources engineering consultant to assess the proposed lot grading in relation to the local (i.e. non-riverine) hydrologic dynamics of the area, especially where any fill is being proposed, even outside the NVCA regulation limit. NVCA Engineering staff will review the lot grading and drainage plans through the permit process - but note NVCA Staff only review riverine flooding and erosion (not "local drainage issues"), based on our legislated mandate. NVCA Advisory comments: NVCA staff note no concerns from a Natural Heritage policy perspective. Thank you for the opportunity to provide comments on this application and please forward a copy of any decision. Page 782 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... 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 783 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Page 784 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Page 785 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Page 786 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Page 787 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Page 788 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Page 789 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Page 790 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Page 791 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Page 792 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Page 793 of 1022 12.h) 6:40 p.m. DS2020-93, Todd Weatherell, Intermediate Planner re: Min... Page 794 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Report Report No. To: Prepared By: DS2020-110 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-32 by Roll #: R.M.S. File #: Nathan & Laura Wigston 4346-010-007-33900 D13-58366 402 Line 3 South Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-110 be received and adopted. 2. That Minor Variance Application 2020-A-32 by Nathan & Laura Wigston, specifically for permission to permit a one storey detached accessory building (garage)to be located in a required front yard with a minimum setback of 4 metres (13 feet) from front lot line, on the lands municipally known as 402 Line 3 South, Township of Oro- Medonte, be approved, subject to the conditions as outlined in Report DS2020-110. 3. The conditions are as follows: a. That notwithstanding Section 5.1.3 (a) Permitted Locations for Accessory Buildings 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, if required, an Ontario Land Surveyor, Professional Engineer or Certified Engineering Technologist verify by pinning the foundation wall of the dwelling addition in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the addition is located no closer than 4 metres (13 feet) from the front lot line; 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 applicants be advised of the Development Serv decision under the Secretary- Development Services September 3, 2020 Report No. DS2020-110 Page 1of 9 Page 795 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Background: The subject property is located on the west side of Line 3 South and supports a single detached residential use. Surrounding land uses consist of agricultural uses and rural- residential dwellings. A Location Map is included as Schedule 1 to this report and an Aerial Photo is included as Schedule 2. The applicant had originally proposed to construct a 1.5 storey detached accessory building (garage), and was seeking relief from the following sections of Zoning By-law 97- 95, as amended: Section 5.1.3 (a) Permitted Locations for Accessory Buildings Required: Proposed: Accessory building not to be located in Accessory Building to be located in required front yard required front yard at a minimum setback of 4 metres (13 feet) from front lot line. Section 5.1.4 Maximum Height of Accessory Building Required: Proposed: Maximum Height of 4.5 metres (14.7 feet) 5.8 metres (19 feet) Section 5.1.6 Maximum Floor Area of Accessory Building Required: Proposed: Maximum 100 square metres 167.23 square metres (1,076.4 square feet) (1,800 square feet) On August 26, 2020 the applicant advised Planning Staff in writing that he would no longer be proceeding with variances to increase the height and floor area, but still wished to proceed with the variance to permit a one storey, 8.5m x 10.8m (28 feet x 35.5 feet), 92.3 square metre (994 square feet) detached accessory building in the front yard. Therefore, with the zoning by-law, this report will provide the Committee with an analysis and recommendation regarding the following variance only: Section 5.1.3 (a) Permitted Locations for Accessory Buildings Required: Proposed: Accessory building not to be located in Accessory Building to be located in required front yard required front yard at a minimum setback of 4 metres (13 feet) from front lot line. revised site plan is included as Schedule 3. Development Services September 3, 2020 Report No. DS2020-110 Page 2of 9 Page 796 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... 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 1.1.4 Rural Areas and 2.3 Agriculture are applicable to this application. The PPS prohibits most forms of new residential lot creation in Prime Agricultural Areas and encourages development to occur in Rural Settlement Areas. However the PPS does not preclude residential uses and by extension, accessory buildings on existing lots in Rural Areas, including on Prime Agricultural Lands. Planning Staff is of the opinion that this application is consistent with the Rural Areas and Agriculture policies of the PPS. A Place to Grow, 2019 A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas and Section 4.2.6 Agricultural System are applicable to this application. These sections have been reviewed and Planning Staff is of the opinion that the proposed variance to facilitate the construction of a detached accessory building conforms to the policies, as the lands subject to this application are already developed with a single detached dwelling, no additional agricultural lands would be taken out of production, surrounding agricultural uses would not be negatively impacted and the application would not result in the creation of any new lots. County Official Plan The subject lands are designated Agricultural Lands by the Simcoe County Official Plan. Residential uses on existing lots and by extension, accessory buildings are permitted in this designation. detached accessory building (garage) conforms to Official Plan, as the lands are already developed with a single detached dwelling, no additional agricultural lands would be taken out of production, surrounding agricultural uses would not be negatively impacted and the application would not result in the creation of any new lots. 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. Development Services September 3, 2020 Report No. DS2020-110 Page 3of 9 Page 797 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... 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 Agricultural by Permitted uses in this designation include single detached dwellings and, by extension, additions to such structures. Therefore, the proposed detached accessory building (garage) conforms to the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) by ning By- law 97-95, as amended. Single detached dwellings and accessory buildings are permitted in the A/RU Zone. The provisions of the A/RU Zone include a minimum front yard setback of 8 metres (26.2 feet). Accessory buildings in the A/RU are permitted to be located in a front yard, provided they maintain a setback of at least 8 metres (26.2 feet) from the front lot line. The purpose of this setback is to achieve relatively large front yards that help to maintain the rural character and open countryside of the Township. The applicant is seeking relief from the Zoning By-law to permit the proposed accessory building to be located at a setback of 4 metres (13 feet) from the front lot line. The applicant has advised Planning Staff that the building location was chosen to take advantage of the existing horseshoe-shaped driveway and entrance culverts to provide convenient access into the building. The garage doors are intended to face sideways toward the existing driveway rather than toward the road. Planning Staff have considered whether the proposed reduced front yard setback would in this location negatively impact the appearance and character of the rural area or result in the proposed garage becoming the dominant structure on the property and detrConsidering the wide expanses of agricultural fields surrounding the subject lands, the absence of any established building line along that portion of the west side of Line 3 South and the proposed garage being smaller in proportion to the existing dwelling, Planning Staff is therefore of the opinion that the character of the area will not be harmed by the proposed development and the subject lands will clearly remain residential in their appearance and function. Therefore, Planning Staff considers the variance to meet 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 garage, which would be similar in Development Services September 3, 2020 Report No. DS2020-110 Page 4of 9 Page 798 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... height but smaller in footprint and mass than the existing one-storey dwelling, to negatively affect the current residential appearance and use of the property. The proposed garage will not interfere with functional matters on the lot, such as parking, access and septic system. a 3 metre wide road widening, however the Planning Act does not provide municipalities with the authority to request such land dedications as a condition of Minor Variance approval. Planning Staff have advised Operations Staff that their request is unable to be accommodated in this instance. Operations Staff have also informed Planning Staff that they have no objection to the proposed variance. 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 Planning he proposed garage, once constructed, would soon blend into the area 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, 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 Development Services September 3, 2020 Report No. DS2020-110 Page 5of 9 Page 799 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... features and attributes. Staff are of the opinion that the proposed development will not negatively impact the To 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 Division No comments. Township Operations Division Operation will require a 3.0m road widening along Line 3. Line 3 South has been identified under the Road Network Plan as being a collector road requiring a 23.0 ROW. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: ApplicantRevised Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-32 to permit a one storey detached accessory building (garage) to be located in a required front yard with a minimum setback of 4 metres (13 feet) from front lot line, 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 August 28, 2020 Development Services September 3, 2020 Report No. DS2020-110 Page 6of 9 Page 800 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Schedule 1: Location Map Development Services September 3, 2020 Report No. DS2020-110 Page 7of 9 Page 801 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Schedule 2: Aerial Photo Development Services September 3, 2020 Report No. DS2020-110 Page 8of 9 Page 802 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Schedule 3: Applicants Site Plan (revised) Development Services September 3, 2020 Report No. DS2020-110 Page 9of 9 Page 803 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 19, 2020 2:56 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, September 03, 2020 (2020-A-32) Wigston Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 804 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 19, 2020 12:35 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-32) Wigston Teresa Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 805 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 24, 2020 9:20 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-32) Wigston Teresa Operation will require a 3.0m road widening along Line 3. Line 3 South has been identified under the Road Network Plan as being a collector road requiring a 23.0 ROW. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 806 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Written Submission to Planning @ Oro Medonte September 1/2020 Regarding Application # 2020-A- 32 Owner Nathan & Laura Wigston - 402 Line3 S Oro Medonte From Bruce & Beth Clark (Hamland Farms) 364 Line3 S Oro Medonte We own the farm land around the lot which this application proposal wishes to make changes. We support the proposal with the following conditions: 1/ The lot be surveyed and fenced appropriately before construction begins. 2/ A plan to contain surface rain water from running onto surrounding farm land from the new proposed structure since it will be quite close to the lot line . Please note water runoff from this large will be very different after the proposed building is built compared to the well kept lawn now on this site. 3/ This proposed structure not to be used for residential / living/ apartment purposes. Thankyou Bruce & Beth Clark Page 807 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Page 808 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Page 809 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Page 810 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Page 811 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Page 812 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Page 813 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Page 814 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Page 815 of 1022 12.i) 6:50 p.m. DS2020-110, Derek Witlib, Manager, Planning Services re:... Page 816 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Report Report No. To: Prepared By: DS2020-113 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-33 Roll #: R.M.S. File #: Erik Montgomery & Ashley 4346-010-008-24600 D13-58367 Davidson 3 Crawford Street Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-113 be received and adopted. 2. That Minor Variance Application 2020-A-33 by Erik Montgomery and Ashley Davidson, specifically for permission to construct an addition to the existing single detached dwelling with a reduced front yard setback of 1.38 metres (4.5 feet) on lands municipally known as 3 Crawford Street, Township of Oro- Medonte, be approved, subject to the conditions as outlined in Report DS2020- 113. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3(a) Front Yard Setback of Zoning By- law 97-95, as amended, the proposed dwelling addition 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, if required, an Ontario Land Surveyor, Professional Engineer or Certified Engineering Technologist verify by pinning the foundation wall of the dwelling addition in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the addition is located no closer than 1.38 metre (4.5 feet) from the front lot line; d) That the applicants maintain the existing vegetative buffer on the front and interior property lines, or replace with a similar vegetative buffer; e) That the applicant obtain the require permit from the Lake Simcoe Region Conservation Authority for the proposed dwelling addition; and, Development Services September 3, 2020 Report No. DS2020-113 Page 1of 10 Page 817 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... f) That the appropriate Zoning Certificate, Engineering Lot Grading, and decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services decision under the Secretary- signature. Background: The subject property has a lot area of 0.134 hectares (0.33 acres) and contains a single detached dwelling, a detached accessory building (shed), and steel carport (refer to Schedules 1 and 2). The applicants are proposing to build an addition of approximately 92.9 sq.m. (1000 sq.ft.) that includes a two-car garage with studio above, and a screened porch onto the existing 244.3 sq.m. (2630 sq. ft.) dwelling and are requesting relief from the following sections of Zoning By-law 97-95, as amended: Section 5.1.3 (a) Front yard setback Required: Proposed: 7.5 metres (24.6 feet) 1.38 metre (4.5 feet) , elevation and floor plan are included as Schedules3 and 4 to this report. Analysis: Provincial Policy Statement (2020) The Provincial Policy Statement 2020 (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. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS as it would provide for an addition to the existing residential use. 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 and Lake Simcoe Region Conservation Authority has confirmed they have no objection, subject to obtaining the necessary permit, with the proposed variance. Growth Plan for the Greater Golden Horseshoe (2019) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of Development Services September 3, 2020 Report No. DS2020-113 Page 2of 10 Page 818 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... the opinion that the proposed dwelling 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. Section 4.2.4.5 of the Growth Plan permits limited development outside of settlement areas, in development shoreline areas of inland lakes that are designated or zoned, as of July 1, s to the Growth Plan as the subject lands area already development for residential purposes, the variance will provide for an addition to the existing dwelling, and the lands are located within an established shoreline residential area. 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. The LSPP addresses long term environmental issues in Lake Simcoe and its watershed by: Promoting immediate action to address threats to the ecosystem, such as excessive phosphorus; Targeting new and emerging causes of stress such as invasive species and climate change; and Protecting and restoring important natural areas such as shorelines and wetlands restoring the health of the fish and other aquatic life. The Lake Simcoe Region Conservation Authority (LSRCA) has reviewed the application in the context of the Provincial Policy Statement (PPS), the Growth Plan (2019), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. The LSRCA has advised that a LSRCA permit will be required and that the 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. County Official Plan The proposed building location is on lands that are designated Rural by the Simcoe County Official Plan. The Rural Designation permits limited residential development. In for a proposed addition to the existing dwelling 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. Development Services September 3, 2020 Report No. DS2020-113 Page 3of 10 Page 819 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in accordance with Land (refer to Schedule 5). Permitted uses in this designation include single detached dwellings on existing lots. Therefore, the proposed dwelling addition conforms to the Official Plan policies. Do the variances conform to the general intent and purpose of the Zoning By-law? - law 97-95, as amended. Single detached dwellings, and the proposed addition, are permitted in the SR Zone. The applicant is seeking relief from the Zoning By-law to allow a reduction in the front yard setback from the permitted 7.5 metres (24.6 feet) and 1.38 metres (4.5 feet) for the proposed dwelling addition while maintaining the 20 metre setback to Lake Simcoe. The general intent of the Zoning By-law in requiring the minimum front yard is to provide access and maintenance around buildings and structures, ability for on-site parking, and spatial separation between neighbouring dwellings. Upon site inspection, Planning Staff noted that the proposed 1.38 metre (4.5 feet) front yard setback will provide for a two car garage and continue to provide for appropriate driveway access within the property, and adequate space for maintenance and access around the dwelling addition without encroaching onto Crawford Street. Operations Staff have reviewed the application and have advised that they have no objections to the application. Planning Staff are satisfied with the proposed location of the dwelling addition as the subject property is heavily vegetated and would not detract from the streetscape and would not negatively impact the neighbouring property or detract from the character of this established neighbourhood. For the reasons outlined above, Planning Staff is of the opinion that the variance meets the general intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed dwelling addition to stand-out, look out of place or detract from the character of this established shoreline neighbourhood. Upon site visit, Staff noted high cedar hedging front and interior sidelot lines and, therefore the proposed structure will be screened from surrounding properties. The proposed structure will not interfere with functional matters on the lot, Development Services September 3, 2020 Report No. DS2020-113 Page 4of 10 Page 820 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... such as parking, access and the septic system. Given the location of the driveway and septic bed this proposed location is the only available location for the addition. There is also a small carport structure that will be required to be removed in order for the dwelling addition that includes a garage to be constructed. Based on the above, Planning Staff are satisfied that the proposed development would be 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. Mature vegetation around the perimeter of the property will screen the proposed single detached addition from the neighbouring properties and the scale of the proposed dwelling addition is consistent with that of other structures in the area. or Variance is minor in nature as the structure is not anticipated to have an adverse impact on the character and appearance of the residential neighbourhood. 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 Growth Plan for the Greater Golden Horseshoe, 2019 Lake Simcoe Protection Plan County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that does not n and attributes. Development Services September 3, 2020 Report No. DS2020-113 Page 5of 10 Page 821 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... 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 objections to this application. Building Division Applicant to be aware of maximum permitted exposed openings due to reduced setbacks. Permit required prior to construction. Dev. Engineering No Objection. Engineered Lot Grading will be required at time of building permit. Simcoe Muskoka Catholic District School Board no comment. Lake Simcoe Region Conservation Authority approval of this application should be subject to the condition that the Owner obtain a permit from LSRCA for works within the regulated area. The application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Elevation and Floor Plan Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-33 to permitan addition to the existing single detached dwelling with a reduced front yard setback of 1.38 metres (4.5 feet) on lands municipally known as 3 Crawford Street, 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. Respectfully submitted: Andria Leigh, RPP, Director, Development Services Approvals: Date: Andria Leigh, Director, Development Services August 27, 2020 Development Services September 3, 2020 Report No. DS2020-113 Page 6of 10 Page 822 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Schedule 1: Location Map Development Services September 3, 2020 Report No. DS2020-113 Page 7of 10 Page 823 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Schedule 2: Aerial Photo Development Services September 3, 2020 Report No. DS2020-113 Page 8of 10 Page 824 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Schedule 3: Site Plan Development Services September 3, 2020 Report No. DS2020-113 Page 9of 10 Page 825 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Schedule 4: Elevation and Floor Plan Drawings Development Services September 3, 2020 Report No. DS2020-113 Page 10 of 10 Page 826 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:25 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-33) Montgomery & Davidson Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 827 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Monday, August 17, 2020 3:15 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-33) Montgomery & Davidson Good Afternoon Teresa, The school board has no comment on Minor Variance Application (2020-A-33) Montgomery & Davidson. Kind Regards, Janet Porter Senior Planner Page 828 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 11:53 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, September 03, 2020 (2020-A-33) Montgomery & Davidson Building Division comments are as follows; 1. Applicant to be aware of maximum permitted exposed openings due to reduced setbacks. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 829 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Thursday, August 20, 2020 8:55 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-33) Montgomery & Davidson Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 830 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ August 25, 2020 File No: 2020-A-33 IMS File No.: VA-136554-081720 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 3 Crawford Street 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 front 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, 2014) 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 partially regulated due to the associated shoreline flood and erosion hazards. The hazards are regulated under Ontario Regulation 179/06 under the Conservation Authorities Act. The subject property is currently designated Shoreline in the Township of Oro- The subject property is currently zoned Shoreline Residential (SR) Zone. Page 831 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... 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 is within the shoreline hazard area however the residential use of the property is existing and therefore this 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 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 proposed addition is within a regulated area and will therefore require a permit from LSRCA. Page 832 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 3 of 3 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 833 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... CƩƚƒʹ Joe Moniz <jlrenos.jm@gmail.com> {ĻƓƷʹ Tuesday, September 1, 2020 9:40 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ 3 Crowford st. Appl. 2020-A-33 Hi, my name is Joe Moniz I live at 234 Lakeshore Rd. W. I stronglyoppose the proposed front yard set backfrom 7.5 metres to 1.38 metres from the deeded registeredblock. to construct the addition of a garage and studio above on the proposed location. This will have a negativeeffect on the value of our property. Having a view of the lake from the north side of Lakeshore rd. israre and very valued. Thisbuild will totally block the lakeview fromour property. The number one reason we purchased our property 18 years ago was because of the view. This will be taken away by this proposed addition. We spent hundreds of thousands of dollars buildingour home around thewater view knowing the7.5 metre set backBy-law was in place and we would alwayshave this view. As a Oro Medonte resident and tax payer all I'm asking is that the existing By law be upheld. When we built our home we did it within the By-laws and so should they. This addition can be constructed on the North East portion of the property behind the car port as shown in the pic. I have no objectionof a second floor addition to the existing buildingor any addition on the vacant portion on the North East property. And finally, we have Deeded access to the lake via the adjoining property to the proposed addition and the proposed set backof 1.38 metres as shown in pics. My wife and I and our kids and other families in the area enjoy swimmingin the lake in that secludedarea, with the garage and the studio towering above the area we will lose thefamily fun and privacy andwill be replaced by the fear of prying eyes. Having a property so close to a swimmingarea is not appropriate. Please keep me notified with any decisions or changes to this matter.jlrenos.jm@gmail.com thank you. Page 834 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 835 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 836 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... CƩƚƒʹ Raven <lmnraven@rogers.com> {ĻƓƷʹ Wednesday, September 2, 2020 10:25 AM ƚʹ Agenda comment <Agendacomment@oro-medonte.ca> {ǒĬƆĻĭƷʹ DS2020-113--Letter Opposing Variance Application Dear Sir or Madam, Pleaseconsider the letter below in reference toDS2020-113Minor Variance Application 2020-A-33, Erik Montgomery & Ashley Davidson, 3 Crawford Street. Thank you for informing us about the Minor Variance Application #2020-A- 33 proposed addition for 3 CrawfordStreet, Oro Medonte, seeking relief to build an addition, following section Zoning By-Law 97-95. After reading over the application we oppose the request to build such an addition at 3 Crawford Street, Oro-Medonte as it impacts on two qualifications of the four-fold test. We are the adjacent property to the immediate north of the subject property, and thus; would be one of the parties most directly impacted. On page 4 of the report, it states: 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 allfour of these tests. Planning Staff has reviewed this application against these four tests as follows (the report goes on)... Page 837 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Regarding number 1 -whether the variance is minor: We are stating a refutation of the respons of the Development Services Report #DS2020-113, based on the question scaleand impact. When this question is examined to itsscale and impact?we look at the data for such evidence: 1.The proposal sees a 81.6% decreasein the Front Lot setback requirement. That should not be considered a minor variance in scale, as required by section 5.1.3.(a) of the Zoning By-law. 2.Theproposal sees a 38% increasein the square footage of the dwelling. proportion of land size to dwelling size, this is a significant change. 3.The existing dwelling already sits 2.7 metres from the eastern property boundary, and the proposal would see the western setback of only 1.38 metres.The completed structure would encompass nearly the entire breadth of the property.Again, this is NOT a minor change in scaleor impact.The structure would be out of characterfor the surrounding neighbourhood. Therefore, it is incorrect for the report to suggest that an increase of this inconsistentwith the aims of the Zoning By-law. Regarding number 4: whether the general purpose and intent of the Zoning By-law is maintained; Do the variances conform to the general purpose and intent of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) by the -95, as amended. Single detached dwellings, and the proposed addition, are permitted in the SR Zone. The applicant is seeking relief from the Zoning By-law to allow a reduction in the front yard setback from the permitted 7.5 metres(24.6 feet) and 1.38 metres (4.5 feet) for the proposed dwelling addition while maintaining the 20 metre setback to Lake Simcoe. The general intent of the Zoning By-law in requiring the minimum front yard is to provideaccess and maintenance around buildings and structures, ability for on-site parking, and spatial separation between neighbouring dwellings. Upon site inspection, Planning Staff noted Page 838 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... that the proposed 1.38 metre (4.5 feet) front yard setback will provide for a two car garage and continue to provide for appropriate driveway access withinthe property, and adequate space for maintenance and access around the dwelling addition without encroaching onto Crawford Street. Operations Staff have reviewed the application and have advised that they have no objections to the application. Planning Staff are satisfied with the proposed location of the dwelling addition as thesubject property is heavily vegetated and would not detract from the streetscape and would not negatively impact the neighbouring property or detract from the character of this established neighbourhood. For the reasons outlined above, Planning Staff is of the opinion that the variance meets the general intent of the Zoning By-law. It is a requirementof the Zoning By-spatial separationbetween neighbouring dwellings and while Township staff have noted the presence of vegetation; vegetation is not a spatial separation.Spatial separation, by its very definition, requires .Township planning staff have not properly conducted the proper analysis if the proposal meets the required spatial separation as required under the Zoning By-law. Hence, requesting such a variance of 1.38m is NOT adequate space. This 2 storey addition would be clearly seen from the adjacent beach/properties. Families and neighbouring residents would see this encroaching building while at the beach. This 2 storey addition, with a studio, would have a negative impact on the beach/neighbouring properties with such a lack of spatial separation. The report states inaccurate information: There is no cedar hedging on the interior side lot lines and it will not be screened from surrounding properties, especially a juxtaposed property. Such a hedge is also not high enough to screen the adjacent beach/property from a very close 2 storey building/studio. In conclusion, we object to the variance being minor in nature. Alternatively, the committee should feel confident in denyingthe application, as a 81.6%decrease in setback requirement can never be said to have a minor Page 839 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... impact on spatialseparation. This variance is not minor as it proposes an increase of over one third (38%) in itssquare footage. The existing dwelling sits 2.7 metres on the eastern property boundary, and the proposal would see the western setback of only 1.38 metres. The completed structure would encompass nearly the entire breadth of the property. Again, this is NOT a minor change in scaleor impact. At minimum, a new evaluation should be conducted to advise if the required spatial separation test has been met, as the intent of the Zoning By-Law is in question and would be compromised. Inaccuracies in the report need to be reconsidered. The analysis is incomplete and therefore the information provided in the report should not be relied upon. Thank you for your time, Mark & Nicola Raven Page 840 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 841 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 842 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 843 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 844 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 845 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 846 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 847 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 848 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 849 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 850 of 1022 12.j) 7:10 p.m. DS2020-113, Andria Leigh, Director, Development Services... Page 851 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Report Report No. To: Prepared By: DS2020-087 Development Services Catherine McLean Committee Planner Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-34 Roll #: R.M.S. File #: Hugh Michael Thomas Murray 4346-020-004-16401 D13-58368 9856 Highway 12 Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-087 be received and adopted. 2. That Minor Variance Application 2020-A-34 by Hugh Michael Thomas Murray, specifically to permit construction of a new single detached dwelling with a 76.6 square metre (825.0 square feet) accessory apartment on the lands known as 9856 Highway 12, be approved subject to the conditions as outlined in Report DS2020-087. 3. The conditions are as follows: a) That notwithstanding Section 5.4 (c), the proposed single detached dwelling and accessory apartment shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling and accessory apartmentbe 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 Ministry of Transportation (MTO); and, 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 be advised of the Development Services decision under the Secretary- signature. Development Services September 3, 2020 Report No. DS2020-087 Page 1of 11 Page 852 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Background: The subject property is located in the Warminster Settlement Area. The lands have a lot area of 0.28 hectares (0.68 acres) and are currently vacant. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicant is proposing to build a new single detached dwelling with an apartment dwelling unit in the basement with a floor area of 76.6 square metres (825.0 square feet). Therefore, the applicant is requesting relief from the following Section of Zoning By-law 97-95, as amended: Section 5.4 (c) Maximum Floor Area of an apartment dwelling unit Required: Proposed: 70.0 square metres (753.5 square feet) 76.6 square metres (825.0 square feet) The applicants site plan, elevation drawing and apartment floor plan are included as Schedules 3, 4 and 5 to this report. 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 1.1.3 Settlement Areas and Section 1.1.4 Rural Areas are applicable to this application. The PPS states that settlement areas shall be the focus of growth and development and shall be based on densities and a mix of land uses, for the purposes of achieving the efficient use of land and infrastructure. Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement as the applicant is proposing to build a new single detached dwelling with an accessory apartment within an established settlement area. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.6 Housing supports a diverse range and mix of housing options and densities, including second units and affordable housing to meet projected needs of current and future residents. Section 2.2.9 Rural Areas is also applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed single detached dwelling and accessory apartment are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established settlement area and the proposed residential uses are compatible with the surrounding land uses. Development Services September 3, 2020 Report No. DS2020-087 Page 2of 11 Page 853 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... County of Simcoe Official Plan Use Designations) in the Simcoe County Official Plan. The objectives of the Settlements designation is: within settlements, with particular emphasis on primary settlement areas, in accordance with the policies of this Plan; To develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services; To develop mixed use settlements as strong and vibrant central places and to create healthy settlements and communities that are sustainable; and, To promote development forms and patterns which minimize land consumption The Settlements Designation permits residential uses. proposed single detached dwelling and accessory apartment are consistent with the Plan as they promote a more compact form of development which aligns with the Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The intent of the Rural Settlement Area Designation is: To maintain and create attractive communities with suitable amenities; and, To ensure that settlement areas are developed in a logical and cost-effective manner. Permitted uses in the Rural Settlement Area designation include low density residential uses. The proposed variance conforms to the general intent and purpose of the Official Plan as the applicant is proposing to build a new single detached dwelling with an accessory apartment both of which are permitted uses in the Rural Settlement Area Designation Development Services September 3, 2020 Report No. DS2020-087 Page 3of 11 Page 854 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... and will continue to preserve the residential character of the area as the building will maintain the outward appearance of a single detached dwelling. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in the -law 97- 95. According to the Townshi-law, an apartment dwelling unit is permitted in the Residential One Zone pursuant to Section 5.4. The proposed development of the lands requires relief from the Zoning By-law to permit an accessory dwelling unit with an increase in floor area from 70.0 square metres (753.5 square feet) to 76.6 square metres (825.0 square feet). The intent of the 70.0 square metres (753.5 square feet) maximum floor area for an accessory apartment is to ensure that the apartment is secondary to the main dwelling unit and to protect buildings and structures from being constructed too large that would affect the character of the surrounding neighbourhood. The main dwelling is proposed to have a total floor area of 153.4 square metres (1651.0 square feet); the proposed apartment if approved will be 76.6 square metres (825.0 square feet) which would still be considered accessory to the main dwelling on the property. The proposed increase in apartment By-law, as the apartment will remain smaller and subordinate to the main dwelling unit. Is the variance desirable for the appropriate development of the lot? The increase in size of the apartment is not anticipated to have any negative impacts on the neighbouring properties as the dwelling will comply with all the zoning setbacksand the apartment will be located within the basement. Furthermore, the main dwelling would maintain its outward appearance as a single detached dwelling. Sufficient on-site parking would be available within the garage and driveway to accommodate the Zoning By- for the main dwelling unit and one parking space of the accessory apartment. Based on the above, Planning Staff is of the opinion that the variance desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In opinion, the requested variance for an increase in floor area for the accessory apartment is minor in nature as the requested increase in size of the apartment is relatively small, 6.6 square metres (71.5 square feet), it is not anticipated to have any adverse impacts on the neighbouring properties and it will not detract from the residential character of the area. As the proposed variance is considered to conform to the general intent of the Township Official Plans, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an Development Services September 3, 2020 Report No. DS2020-087 Page 4of 11 Page 855 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... adverse effect on the character of the surrounding area or the use and enjoyment of the surrounding properties, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal 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: 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 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. 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. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application for the Dwelling regardless of the apartment sizing. Township Building Division No comments. Township Infrastructure and Capital Projects No objection. Simcoe Muskoka Catholic District School Board No comment. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Development Services September 3, 2020 Report No. DS2020-087 Page 5of 11 Page 856 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Schedule 3: Schedule 4: Elevation Drawings Schedule 5: Apartment Floor Plan Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-34 be approved, specifically, to permit the construction of a single detached dwelling with a 76.6 square metres (825.0 square feet) accessory apartment on the lands municipally known as 9856 Highway 12, 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: Andria Leigh, Director Development Services August 24, 2020 Development Services September 3, 2020 Report No. DS2020-087 Page 6of 11 Page 857 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Schedule 1: Location Map Development Services September 3, 2020 Report No. DS2020-087 Page 7of 11 Page 858 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Schedule 2: Aerial Photo Development Services September 3, 2020 Report No. DS2020-087 Page 8of 11 Page 859 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Site Plan Development Services September 3, 2020 Report No. DS2020-087 Page 9of 11 Page 860 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Schedule 4: Elevation Drawing Development Services September 3, 2020 Report No. DS2020-087 Page 10 of 11 Page 861 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Schedule 5: Apartment Floor Plan Development Services September 3, 2020 Report No. DS2020-087 Page 11 of 11 Page 862 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:29 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-34) Murray Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application for the Dwelling regardless of the Apt. sizing. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 863 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:49 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-34) Murray Teresa Operations does not have any objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 864 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Monday, August 17, 2020 3:13 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-34) Murray Good Afternoon Teresa, The school board has no comment on Minor Variance Application (2020-A-34) Murray. Kind Regards, Janet Porter Senior Planner Page 865 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 11:53 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, September 03, 2020 (2020-A-34) Murray Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 866 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Page 867 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Page 868 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Page 869 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Page 870 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Page 871 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Page 872 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Page 873 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Page 874 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Page 875 of 1022 12.k) 7:20 p.m. DS2020-87, Catherine McLean, Planner re: Minor Variance ... Page 876 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Report Report No. To: Prepared By: DS2020-103 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-35 Roll #: R.M.S. File #: Stephen and Lisa Hill 4346-010-012-10900 D13-58369 2269 Lakeshore Road East Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-103 be received and adopted. 2. That Minor Variance Application 2020-A-35 by Stephen and Lisa Hill, specifically for permission to construct a detached accessory building with an increased height of 5.77 metres (18.93 feet) and an increased floor area of 108.7 sq.m. (1,170.0 sq.ft) on lands municipally known as 2269 Lakeshore Road East, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-103. 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, as amended, 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 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 applicants maintain the existing vegetative buffer on the front and interior property lines, or replace with a similar vegetative buffer; 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 applicants be advised of the Development Services decision under the Secretary- signature. Development Services September 3, 2020 Report No. DS2020-103 Page 1of 15 Page 877 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Background: The subject property is located on the south side of Lakeshore Road East having a lot area of 0.14 hectares (0.34 acres) and currently supports a single detached dwelling, a small garden shed and a boathouse (refer to Schedules 1 and 2). Surrounding land uses consist of similar sized waterfront lots to the east and west, and single detached lots to the north. The applicants are proposing to construct a 1.5-storey detached accessory building (garage) and are requesting relief from the following sections of Zoning By-law 97-95, as amended: Section 5.1.4 Maximum height Required: Proposed: 4.5 metres (14.7 feet) 5.77 metres (18.93 feet) Section 5.1.6 Maximum floor area Required: Proposed: 70.0 square metres (753.5 square feet) 108.7 square metres (1,170.0 square feet) , elevations and floor plans are included as Schedules 3 to 6 to this report. Analysis: Provincial Policy Statement (2020) The Provincial Policy Statement 2020 (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. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS as it pertains to an accessory building associated with a residential use. 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. Growth Plan for the Greater Golden Horseshoe (2019) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building (garage) is consistent with Development Services September 3, 2020 Report No. DS2020-103 Page 2of 15 Page 878 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... 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. Section 4.2.4.5 of the Growth Plan permits limited development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, Plan as the subject lands area already developed for residential purposes and are located within an established shoreline residential area. 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. The LSPP addresses long term environmental issues in Lake Simcoe and its watershed by: Promoting immediate action to address threats to the ecosystem, such as excessive phosphorus; Targeting new and emerging causes of stress such as invasive species and climate change; and, Protecting and restoring important natural areas such as shorelines and wetlands restoring the health of the fish and other aquatic life. The Lake Simcoe Region Conservation Authority (LSRCA) has reviewed the application in the context of the Provincial Policy Statement (PPS), the Growth Plan (2019), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. The LSRCA has advised that a LSRCA permit is not required and that the 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. County Official Plan The proposed building location is on lands that are designated Rural by the Simcoe County Official Plan. The Rural Designation permits limited residential development. In Official Plan as the proposed detached garage is accessory to an existing residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is Development Services September 3, 2020 Report No. DS2020-103 Page 3of 15 Page 879 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in accordance with Land (refer to Schedule 7). Permitted uses in this designation include single detached dwellings and, by extension, accessory uses on existing lots. Therefore, the proposed detached accessory building conforms to the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? - law 97-95, as amended (refer to Schedule 8). Single detached dwellings and accessory uses such as detached garages are permitted in the SR Zone. The applicant is seeking relief from the Zoning By-law to allow an increase in height from the permitted 4.5 metres (14.7 feet) (measured to the mid-point of the roof) to 5.77 metres (18.93 feet), and an increase in floor area from the permitted maximum of 70 square metres (753.5 square feet) to 108.7 square metres (1,170.0 square feet). The general intent of the Zoning By-law in requiring the maximum height and size requirements is to ensure that an accessory building will be secondary and subordinate to the primary use of the property as residential. Upon site inspection, staff noted that the subject property slopes down from Lakeshore Road towards the lake. The proposed 1.5-storey detached garage is to be located in front of the existing dwelling and setback 7.5 metres (24.6 feet) from the front property line. This location has a contour elevation approximately 2.0 metres (6.5 feet) higher than the location of the dwelling. As such, the proposed building may appear to be higher in height than the existing dwelling on the lands; however, it is because the building is to be located at a higher elevation on the lands. In this regard, Planning Staff are of the opinion that the existing dwelling will remain the main building on the property, both in its use and in its appearance. For the reasons outlined above, Planning Staff is of the opinion that the variancesmeet the general intent 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 shoreline neighbourhood. Upon site visit, Staff noted heavy, mature interior side lot line and several shrubs along the front property line, therefore the proposed structure will be well Development Services September 3, 2020 Report No. DS2020-103 Page 4of 15 Page 880 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... screened from surrounding properties. The proposed structure will not interfere with functional matters on the lot, such as parking, access and the septic system. Based on the above, Planning Staff are satisfied that the proposed development would be 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. Mature vegetation on and around the property will screen the proposed detached accessory building and the scale of the proposed accessory building will be consistent with that of other structures in the area. s are minor in nature as the structure is not anticipated to have an adverse impact on the character and appearance of the neighbourhood. 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 Growth Plan for the Greater Golden Horseshoe, 2019 Lake Simcoe Protection Plan County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: 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 Development Services September 3, 2020 Report No. DS2020-103 Page 5of 15 Page 881 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering No objections. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Township Infrastructure and Capital Projects Operations will require that the applicant register on title the drainage easement in favour of the Township as per Plan 51R-14513 (refer to Schedule 9). Township Building Division No comments. Lake Simcoe Region Conservation Authority a LSRCA permit is not required and the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with Provincial policies and the LSPP. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: 3D Renderings Schedule 7: Township Official Plan Land Use Schedule 8: Existing Zoning Schedule 9: Reference Plan 51R-14513 Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-35 to permita detached accessory building (garage) with an increased height of 5.77 metres (18.93 feet) and an increased floor area of 108.7 sq.m. (1,170.0 sq.ft) on lands municipally known as 2269 Lakeshore Road East, 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. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Andria Leigh, Director, Development Services August 28, 2020 Development Services September 3, 2020 Report No. DS2020-103 Page 6of 15 Page 882 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Development Services September 3, 2020 Report No. DS2020-103 Page 7of 15 Page 883 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Development Services September 3, 2020 Report No. DS2020-103 Page 8of 15 Page 884 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Development Services September 3, 2020 Report No. DS2020-103 Page 9of 15 Page 885 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Development Services September 3, 2020 Report No. DS2020-103 Page 10 of 15 Page 886 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Development Services September 3, 2020 Report No. DS2020-103 Page 11 of 15 Page 887 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Development Services September 3, 2020 Report No. DS2020-103 Page 12 of 15 Page 888 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Development Services September 3, 2020 Report No. DS2020-103 Page 13 of 15 Page 889 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Development Services September 3, 2020 Report No. DS2020-103 Page 14 of 15 Page 890 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Development Services September 3, 2020 Report No. DS2020-103 Page 15 of 15 Page 891 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 4:11 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-35) Hill Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 892 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 10:51 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, September 03, 2020 (2020-A-35) Hill The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 893 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 24, 2020 8:39 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-35) Hill Teresa Operations will require that the applicant register on title the drainage easement in favor of the Township as per Plan 52R-14513 attached. We have no other comments on the application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 894 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 895 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 896 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ August 25, 2020 File No: 2020-A-35 IMS File No.: VA-169774-081420 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 2269 Lakeshore Road Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of a detached accessory building (garage) with an attached carport with increased maximum height and maximum floor area. 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 897 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... 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 accessory structure appears to be just outside of the shoreline hazard area and no new residential use 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 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 however the proposed works appear to be outside of the regulated area and therefore will not require a permit from LSRCA. Page 898 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 3 of 3 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 however a permit from LSRCA will not 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 provide payment of $500.00 to the LSRCA as per our approved Fee Schedule for review of this Minor Variance application.. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Development Planner Page 899 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 900 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 901 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 902 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 903 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 904 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 905 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 906 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 907 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 908 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 909 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 910 of 1022 12.l) 7:30 p.m. DS2020-103, Andy Karaiskakis, Senior Planner re: Minor V... Page 911 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Report Report No. To: Prepared By: DS2020-111 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-37 by Roll #: R.M.S. File #: Andy & Joan Hill 4346-010-006-11900 D13-58371 20 Baycrest Drive 2528 Old Barrie Road West Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-111 be received and adopted. 2. That Minor Variance Application 2020-A-37 by Andy & Joan Hill, specifically for permission to permit an expansion to an attached garage with a reduced easterly interior side yard setback of 1.6 metres (5.25 feet), on the lands municipally known as 20 Baycrest Drive, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-111. 3. The conditions are as follows: a. That notwithstanding Section 4, Table B1 R1 Zone Minimum Interior Side Yard of Zoning By-law 97-95, the proposed expansion to an attached garage 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, if required, an Ontario Land Surveyor, Professional Engineer or Certified Engineering Technologist verify by pinning the foundation wall of the dwelling addition in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the addition is located no closer than 1.6 metres (5.25 feet) from the easterly interior side lot line; d. That the appropriate Zoning Certificate, Engineered Lot Grading, and Building Permit be obtained from the Township only decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services September 3, 2020 Report No. DS2020-111 Page 1of 10 Page 912 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... 4. And that the applicants decision under the Secretary- Background: The subject property is located on the north side of Baycrest Drive and supports a single detached residential use. Surrounding land uses consist of single detached dwellings. A Location Map is included as Schedule 1 to this report and an Aerial Photo is included as Schedule 2. The applicant is proposing to construct a 1-storey addition to an existing attached garage, and is seeking relief from the following section of Zoning By-law 97-95, as amended: Section 4, Table B1 R1 Zone Minimum Interior Side Yard Required: Proposed: Minimum 2.5 metres (8.2 feet) 1.6 metres (5.25 feet) The applicant 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 1.1.4 Rural Areas, is applicable to this application. The application represents limited, residential development that is consistent with the PPS with respect to Rural and Shoreline areas. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS, as is pertains to an expansion to an existing residential use. A Place to Grow, 2019 A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed addition to the attached garageis consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established rural residential area. Development Services September 3, 2020 Report No. DS2020-111 Page 2of 10 Page 913 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Lake Simcoe Protection Plan (LSPP) regulated area and the Township is not required to circulate minor variance applications that are not within the regulated area to the LSRCA. However, the property is 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. The LSPP addresses long term environmental issues in Lake Simcoe and its watershed by: Promoting immediate action to address threats to the ecosystem, such as excessive phosphorus; Targeting new and emerging causes of stress such as invasive species and climate change; and Protecting and restoring important natural areas such as shorelines and wetlands restoring the health of the fish and other aquatic life. Planning Staff have reviewed the application for the addition to the attached garagein the context of the LSPP and finds it to be in conformity with the policies. County Official Plan The subject lands are designated Rural Lands by the Simcoe County Official Plan. The Rural Lands Designation permits limited residential development. opinion, the proposed addition to an attached garage 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 Rural Residential by Permitted uses in this designation include single detached dwellings and, by extension, Development Services September 3, 2020 Report No. DS2020-111 Page 3of 10 Page 914 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... additions to such structures. Therefore, the proposed addition to an attached garage conforms to the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Residential One (R1) by ning By-law 97-95, as amended. Single detached dwellings are a permitted use in the R1 Zone. The applicant is seeking relief from the Zoning By-law to reduce the easterly interior side yard from an existing 5.05 metres (16.6 feet) to 1.6 metres (5.25 feet), whereas a minimum of 2.5 metres (8.2 feet) is required by the Zoning By-law. The general intent of the Zoning By-law in requiring the minimum interior side yard is to provide space for access and maintenance around a building and, in the case of low- density residential neighbourhoods, to maintain a separation between neighbouring dwellings that maintains the character and contributes to the greenspace in the neighbourhood. The garage addition and its proposed setback of 1.6 metres (5.25 feet) will, in Planning The proposed development would not give the appearance of crowding the neighbouring dwelling to the east, nor would it result in any tangible loss of greenspace so as to detract from the character of this established neighbourhood comprised of relatively large, estate-style lots. Planning Staff is therefore of the opinion that the proposed variance meets the general intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed addition to the garage, which would be slightly lower than the existing one-storey dwelling and attached garage, to stand-out, negatively affect the appearance of the applicants dwelling and property. The proposed addition will not interfere with functional matters on the lot, such as parking, access and septic system. 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 Planning he scale of the proposed building will be consistent with that of other structures in the area and its design and massing will not contrast negatively with the rest of the neighbourhood. Staff does not anticipate any negative impacts on the use and enjoyment of surrounding properties, or on the ability for structures on those properties from being expanded in the future. Therefore, Planning Staff is of the opinion the requested variance is minor in nature. Development Services September 3, 2020 Report No. DS2020-111 Page 4of 10 Page 915 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... 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 Lake Simcoe Protection Plan County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: 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 tural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering No objections. An engineered lot grading plan will be required at time of building permit. Township Operations No objections. Township Building Division - Applicant to be aware of maximum permitted openings in exposed building face. Development Services September 3, 2020 Report No. DS2020-111 Page 5of 10 Page 916 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Schedule 4: ApplicantElevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-37 to permit an expansion to an attached garage with a reduced easterly interior side yard setback of 1.6 metres, 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 August 28, 2020 Development Services September 3, 2020 Report No. DS2020-111 Page 6of 10 Page 917 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Schedule 1: Location Map Development Services September 3, 2020 Report No. DS2020-111 Page 7of 10 Page 918 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Schedule 2: Aerial Photo Development Services September 3, 2020 Report No. DS2020-111 Page 8of 10 Page 919 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Schedule 3: Applicants Site Plan Development Services September 3, 2020 Report No. DS2020-111 Page 9of 10 Page 920 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Development Services September 3, 2020 Report No. DS2020-111 Page 10 of 10 Page 921 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 19, 2020 2:58 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, September 03, 2020 (2020-A-37) Hill Building Division comments are as follows; 1. Applicant to be aware of maximum permitted openings in exposed building face. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 922 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, August 19, 2020 12:32 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-37) Hill Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 923 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Thursday, August 20, 2020 8:44 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-37) Hill Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 924 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... CƩƚƒʹ The Green Family <thegreenfamily_@hotmail.com> {ĻƓƷʹ Friday, August 28, 2020 3:42 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: application 2020-A-37 Secretary Treasurer, Development Services We are writing this note regarding a variance application by our neighbours Andy & Joan Hill, 20 Baycrest Drive. In the submission, the applicant is seeking relief to the sections of zoning by- law 97-95 asking for consideration of a proposed building within 1.6 metres rather than the required 2.5 metres from the stated lot line. The lot line in question - on the east side of the Hill property/the west side of our property - is defined by a 12 foot cedar hedge as well as a 60 foot silver maple tree. Our concern is if building is to take place what precautions would be followed during the excavating and building process in order to ensure the prevention of any root system damage to these existing plants/trees that might result in the possible loss of these plants/trees. Perhaps sticking to the required 2.5 metres from the stated lot line might ensure no potential damage is done that might affect the existing plants/trees. We trust an appropriate decision will be made giving due consideration to this concern. Kathy & Warren Green 18 Baycrest Drive Page 925 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Page 926 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Page 927 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Page 928 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Page 929 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Page 930 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Page 931 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Page 932 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Page 933 of 1022 12.n) 7:50 p.m. DS2020-111, Derek Witlib, Manager, Planning Services re:... Page 934 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... Report Report No. To: Prepared By: DS2020-097 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-38 Roll #: R.M.S. File #: Gabriel Porges 4346-030-001-13400 D13-58372 5 Goss Road Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-097 be received and adopted. 2. That Minor Variance Application 2020-A-38 by Gabriel Porges, specifically for permission to permit a boathouse 0.6m (2 feet) from the interior lot line on the lands municipally known as 5 Goss Road, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-097. 3. The conditions are as follows: a. That notwithstanding Section 5.6 (a) Boathouses, Interior Side Lot Line of Zoning By-law 97-95, the proposed boathouse shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure is not to be used for human habitation; 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 an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the boathouse is located no closer than 0.6 metres from the interior side lot line. e. That the appropriate Zoning Certificate, Engineered Lot Grading Plan, NVCA permit and Building Permit be obtained from the Township only afte within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant decision under the Secretary- Development Services September 3, 2020 Report No. DS2020-097 Page 1of 11 Page 935 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.05 hectares (0.12 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 245.6 sq. m. (2,644 sq. ft.). This property was previously subject to Minor Variance Application 2014-A-35 for the construction of a new dwelling with relief from the average high water mark, front yard setback and driveway setback. The property has also gone through the Site Plan Control process (2015-SPA-08) to remove the Holding Provision due to being located on a private road. The proposed development has been exempt from a revision to the Site Plan by the Director of Development Services as it is considered minor development that will not increase traffic on the road. The applicant is proposing to construct a boathouse. The applicant is requesting relief from the following Sections of Zoning By-law 97-95, as amended: 5.6 (a) Boathouses Permitted: Proposed: 2.0 metres (6.5 feet) from the interior side lot line 0.6 metres (2 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 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. The proposed boathouse would be will be keeping with the rural landscape as many properties have boathouses along this road. Section 2.2 Water protect, improve or restore the quality and quantity of water necessary precautions to protect the environment. The requirement for an Engineered Lot Grading plan will also control erosion and sedimentation during the construction process. At the time of writing this report, no comments have been received by NVCA. Development Services September 3, 2020 Report No. DS2020-097 Page 2of 11 Page 936 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... The Committee shall have regard for any comments to be received. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS, as the proposed boathouse is associated with a residential development/use on the property that is permitted by the policies. A Place to Grow, 2019 A Place to Grow (2019) was approved on May 16, 2019 to replace the 2017 Growth Plan. This plan provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed accessory structure conforms to the Rural Areas policies in the Growth Plan 2019 as the lands subject to this application are already within an established shoreline 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 inland lake (Bass Lake). 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 required permit by NVCA will take all necessary precautions to protect the key hydrologic and natural heritage features. Section 4.2.4.5 speaks to developed shoreline areas of inland lakes permitting redevelopment should the project meet several criteria such as minimizing erosion, and avoiding/mitigation sedimentation near the lake. The requirement for an Engineered Lot Grading Plan and NVCA permit will satisfy this section. At the time of writing this report, no comments have been received by NVCA. The Committee shall have regard for any comments received. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2019. County of Simcoe Official Plan promote long-Simcoe, 2016). Section 3.7.4 permits limited residential development in the Rural designation and would permit the proposed boathouse. keeping with the rural character of the area and the permitted residential use. Development Services September 3, 2020 Report No. DS2020-097 Page 3of 11 Page 937 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... 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 land is 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 for the boathouse will be in keeping with the existing character of the neighbourhood as most dwellings in the area have boathouses. Therefore, based on the above, the requested variance pertaining to this applicationfor a boathouse is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Residential Limited Service Exception Two (RLS*2) in the -law 97-95, as amended. Single detached dwellings are permitted in the RLS Zone. Exception 2 refers to a reduced interior side yard to 1.5 metres. The primary purpose of the interior side yard setback is to provide access and maintenance around buildings and structures and to achieve a low-density, rural-like character in the Townships residential areas. The proposed development will allow for use around the building to continue without negatively affecting the character of the neighbourhood. With a setback of 2 feet, there remains enough space should any upkeep of the building be required. The proposed boathouse will be mirroring the oathouse, with the neighbour line. There is a letter of support from these neighbours. Any drainage issues that could arise will be addressed through the requirement of an Engineered Lot Grading Plan (condition 3. e)). For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Development Services September 3, 2020 Report No. DS2020-097 Page 4of 11 Page 938 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... Is the variance 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 West lot lines, and only one house with a view of the proposed construction. boathouse in size as well as being slightly further than it is. The proposed structure will be in keeping with the character of the neighbourhood and will not interfere with functional matters such as parking and the septic system. At the time of writing this report, no comments have been received by NVCA. The Committee shall have regard for any comments that are received. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In nature, as the structure is not anticipated to have an adverse impact on the neighbourhood. The proposed boathouse would be consistent with other structures in the area as many properties on this road have boathouses. 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 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: Development Services September 3, 2020 Report No. DS2020-097 Page 5of 11 Page 939 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... Plan. The following Goals of the Plan 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 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 applicant to be aware of maximum permitted exposed openings due to reduced setback Township Infrastructure and Capital Projects no objections County of Simcoe no comments received Nottawasaga Valley Conservation Authority no comments received SMCDSB no comments/objections Letter of support from neighbour 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-38 be approved, specifically to permit a boathouse with a reduced interior side yard setback on the lands municipally known as 5 Goss Road on the basis that the application is consistent with and conforms to Provincial policies and plans, the County and Township Official Plans and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Development Services September 3, 2020 Report No. DS2020-097 Page 6of 11 Page 940 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... Approvals: Date Andria Leigh, Director, Development Services August 27, 2020 Development Services September 3, 2020 Report No. DS2020-097 Page 7of 11 Page 941 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location map Development Services September 3, 2020 Report No. DS2020-097 Page 8of 11 Page 942 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services September 3, 2020 Report No. DS2020-097 Page 9of 11 Page 943 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Site Plan Development Services September 3, 2020 Report No. DS2020-097 Page 10 of 11 Page 944 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Plan Development Services September 3, 2020 Report No. DS2020-097 Page 11 of 11 Page 945 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:50 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-38) Porges Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 946 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Monday, August 17, 2020 3:10 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-38) Porges Good Afternoon Teresa, The school board has no comment on Minor Variance Application (2020-A-38) Porges. Kind Regards, Janet Porter Senior Planner Page 947 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 11:52 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-38) Porges Building Division comments are as follows; 1. Applicant to be aware of maximum permitted exposed openings due to reduced setbacks. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 948 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 2:21 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-38) Porges Teresa Development Engineering has the following Comments regarding the above noted Application: Consideration should be given to increase the off-set distance from the property line and structure on the adjacent lot to 1.0m - This would allow for adequate drainage and future maintenance of said drainage along the property line and between the two structures. Adequate width of the swale and drainage should be accommodated along the property line. Silt and sediment control measures (silt fencing, etc.) shall be erected prior to excavation to ensure prevention of sediment from entering the water body. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 949 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ GWEN SCORNS <scorns@rogers.com> {ĻƓƷʹ August 20, 2020 8:39 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Application 2020-A-38. 5 Goss rd The property is below the flood water plane. Shoreline around the property should be shored up Before a boat house built. Could there Be a environmental issue . Page 950 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... From: GWEN SCORNS <scorns@rogers.com> Sent: August 20, 2020 8:39 PM To: Planning <Planning@oro-medonte.ca> Subject: Application 2020-A-38. 5 Goss rd Download Attachment Available until Sep 19, 2020 This email was scanned by Bitdefender Click to Download IMG_0431.MOV 0 bytes Page 951 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ scorns <scorns@rogers.com> {ĻƓƷʹ Monday, August 31, 2020 6:51 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Application 2020-A-38 I already sent an email in regard to the boathouse proposal at 5 Goss Road.I just want to make sure that you received it as I didnt get a confirmation in thisregard. The proposed property floods every Spring and I have environmental concerns in regard to the lake with gas leakage, etc.Did you receive a video showing this flooding situation? Terry Scorns Page 952 of 1022 12.o) 8:00 p.m. DS2020-97, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Emma Perry <eperry@nvca.on.ca> {ĻƓƷʹ Thursday, September 3, 2020 4:18 PM ƚʹ Planning <Planning@oro-medonte.ca> /ĭʹ Falconi, Teresa <tfalconi@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Planning Dept <Planning@nvca.on.ca> {ǒĬƆĻĭƷʹ NVCA comments (multiple applications) - CofA meeting 3 September 2020 The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the following Committee of Adjustment applications. Based upon our mandate and policies under the Conservation Authorities Act, we have no objection to their approval. We further advise the following applications are affected by Ontario Regulation 172/06 where a permission to develop is required from the NVCA under the Conservation Authorities Act prior to any development or site alteration: 2020-A-38 5 Goss Rd (Porges) NVCA File # 28960 2020-A-27 18 Cook Lane (Cameron) NVCA File # 27675 2020-B-19 46 Boyd Cres (Foley) benefitting 18 Boyd Cres. NVCA File # 43589 Thank you for circulating these applications and please forward a copy of the decisions. Sincerely, Emma PerryI Nottawasaga Valley Conservation Authority th 8195 8 Line, Utopia, ON L0M 1T0 T 705-424-F 705-424-2115 Page 953 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... Report Report No. To: Prepared By: DS2020-098 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-39 Roll #: R.M.S. File #: Patricia & Nicholas Grifoni 4346-030-01-14200 D13-58373 27 Goss Road Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-098 be received and adopted. 2. That Minor Variance Application 2020-A-39 by Patricia and Nicholas Grifoni, specifically for permission to permit a boathouse with a reduced interior side yard to 1.1 metres (3.6 feet) on the lands municipally known as 27 Goss Road, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-098. 3. The conditions are as follows: a. That notwithstanding Section 5.6 (a) Boathouses, Interior Side Yard Setback of Zoning By-law 97-95, the proposed structure 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; 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 an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the boathouse is located no closer than 1.1 metres from the interior lot line. e. That the appropriate Zoning Certificate, Engineered Lot Grading Plan, NVCA permit and Building Permit be obtained from the Township only within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant decision under the Secretary- Development Services September 3, 2020 Report No. DS2020-098 Page 1 of 10 Page 954 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.05 hectares (0.12 acres) and is currently used as a residential lot, as shown in Schedules 1 and 2. The property currently supports a single detached dwelling (67.8 sq. m. / 730 sq. ft.), an existing boathouse to be removed (18.3 sq. m. /197.0 sq. ft.), and 2 storage sheds under 10 sq. m. The applicants are proposing to construct a boathouse and are requesting relief from the following section of Zoning By-law 97-95, as amended: 5.6 (a) Boathouses Permitted: Proposed: 2.0 metres (6.5 feet) from the interior side lot line 1.1 metres (3.6 feet) The applicants 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 2.2 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 2.2 Water protect, improve or restore the quality and quantity of water necessary precautions to protect the environment. The requirement for an Engineered Lot Grading plan will also control erosion and sedimentation during the construction process. . At the time of writing this report, no comments have been received by NVCA. The Committee shall have regard for any comments to be received. 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 that is permitted by the policies. Development Services September 3, 2020 Report No. DS2020-098 Page 2 of 10 Page 955 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... A Place to Grow, 2019 A Place to Grow (2019) was approved on May 16, 2019 to replace the 2017 Growth Plan. This plan provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed structure conforms to the Rural Areas policies in the Growth Plan 2019 as the lands subject to this application are already on an established residential lot. 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 inland lake (Bass Lake). 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 required permit by NVCA will take all necessary precautions to protect the key hydrologic and natural heritage features. Section 4.2.4.5 speaks to developed shoreline areas of inland lakes permitting redevelopment should the project meet several criteria such as minimizing erosion, and avoiding/mitigation sedimentation near the lake. The requirement for an Engineered Lot Grading Plan and NVCA permit will satisfy this section. At the time of writing this report, no comments have been received by NVCA. Council shall have regard for any comments to be received. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2019. County of Simcoe Official Plan the R promote long- 2016). Section 3.7.4 permits limited residential development in the Rural designation and would include the proposed boathouse that is accessory to the residential use. and the permitted limited 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. Development Services September 3, 2020 Report No. DS2020-098 Page 3 of 10 Page 956 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent of the Official Plan? The subject land is 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 construction of the boathouse will be in keeping with the existing character of the neighbourhood as most dwellings in the area have detached accessory buildings and/or boathouses such as being proposed. Therefore, based on the above, the requested variance pertaining to this application for a boathouse is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Residential Limited Service Exception Two Hold (RLS*2(H)-law 97-95, as amended. Single detached dwellings and accessory uses are permitted in the RLS Zone. Exception 2 refers to a reduced interior side yard to 1.5 metres. The Holding Provision on the property is due to Goss Road being a private road. The Holding Provision remains on RLS zoned properties to control the requirement for Site Plan, should an application be received that would increase traffic on the road. In accordance with the Section 6 of the -law on Site Plan Control Areas, the proposed development has been exempted from the site plan control requirement by the Director of Development Services given the existing development on the property. The primary purpose of the interior side yard setback is to provide access and maintenance around buildings and structures and to achieve a low-density, rural-like character in the Townships residential areas. The proposed development with the reduced side yard setback will allow for use around the building to continue without negatively affecting the character of the neighbourhood. There is an existing boathouse to be removed to make way for the larger proposed structure. The existing structure is closer to the lot line than the proposed structure; however, the proposed structure is increasing the floor area within the setback and therefore requires the variance. With a setback of 1.1 metres, there remains enough space should any upkeep of the building be required. Any drainage issues that could arise will be addressed through the requirement of an Engineered Lot Grading Plan (Condition 3 (e)). For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Development Services September 3, 2020 Report No. DS2020-098 Page 4 of 10 Page 957 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... Is the variance 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 East and West lot lines. There is an also existing boathouse in the proposed location, which will be removed as the proposed construction is larger than the existing building. The proposed structure will be in keeping with the character of the neighbourhood and will not interfere with functional matters such as parking and the septic system on the property. At the time of writing this report, no 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. Is the variance 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 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 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, 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: The following Goals of the Plan are relevant to this application: Development Services September 3, 2020 Report No. DS2020-098 Page 5 of 10 Page 958 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... 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 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 applicant to be aware of maximum permitted exposed openings due to reduced setback Township Infrastructure and Capital Projects no objections County of Simcoe no comments received Nottawasaga Valley Conservation Authority no comments received SMCDSB no comments/objections Letter of support from Goss road resident 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-39 be approved, specifically to permit a boathouse with a reduced interior side yard setback on the lands municipally known as 27 Goss Road on the basis that the application is consistent with and conforms to Provincial policies and plans, the County and Township Official Plans and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Andria Leigh, Director, Development Services August 27, 2020 Development Services September 3, 2020 Report No. DS2020-098 Page 6 of 10 Page 959 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location map Development Services September 3, 2020 Report No. DS2020-098 Page 7 of 10 Page 960 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services September 3, 2020 Report No. DS2020-098 Page 8 of 10 Page 961 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Site Plan Development Services September 3, 2020 Report No. DS2020-098 Page 9 of 10 Page 962 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Plan Development Services September 3, 2020 Report No. DS2020-098 Page 10 of 10 Page 963 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:36 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-39) Grifoni Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 964 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:51 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-39) Grifoni Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 965 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Monday, August 17, 2020 3:09 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-39) Grifoni Good Afternoon Teresa, The school board has no comment on Minor Variance Application (2020-A-39) Grifoni. Kind Regards, Janet Porter Senior Planner Page 966 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 11:51 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, September 03, 2020 (2020-A-39) Grifoni Building Division comments are as follows; 1. Applicant to be aware of maximum permitted exposed openings due to reduced setbacks. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 967 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Ward Tomlin <wardtomlin@royallepage.ca> {ĻƓƷʹ Monday, August 24, 2020 10:17 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Minor Variance 27 Goss Road With reference to Minor Variance Application , Zoning By- Law 975-95 , Application 2020-A- 39 , 27 Goss Rd-Nicholas and Patricia Grifoni - we , Ward and Anna Tomlin , owners 37 Goss Rd , have no objections to the proposed relief with reference to 5.6 (A) - Boathouse as outlined in the Townships letter of August 17,2020 . -- Ward Tomlin 19 Andrew Street North Orillia, ON L3V 5H9 705-327-9225 cell 705-327-9999 office 705-327-7815 fax 1-866-933-9733 Page 968 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ John Milankov <johnmilankov@rogers.com> {ĻƓƷʹ Sunday, August 30, 2020 6:41 PM ƚʹ Planning <Planning@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca> {ǒĬƆĻĭƷʹ Minor Variance 27 Goss Road Subject: Minor Variance 27 Goss Road With reference to Minor Variance Application , Zoning By- Law 975-95 , Application 2020-A39 , 27 Goss Rd-Nicholas and Patricia Grifoni - we , John and Wanda Milankov, owners of 23 Goss Rd, have no objections to the proposed relief with reference to 5.6 (A) - Boathouse as outlined in the Townships letter of August 17,2020 . Page 969 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... From: Ian Eng <ianeng.basslake@rogers.com> Sent: Wednesday, September 2, 2020 2:37 PM To: Planning <Planning@oro-medonte.ca> Subject: Minor Variance Application 2020-A-39 Secretary Treasurer, Development Services: We have no comments nor objections to Minor Variance Application 2020-A-39 Mimi & Ian Eng Page 970 of 1022 12.p) 8:10 p.m. DS2020-98, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Emma Perry <eperry@nvca.on.ca> {ĻƓƷʹ Thursday, September 3, 2020 3:44 PM ƚʹ Planning <Planning@oro-medonte.ca> /ĭʹ Falconi, Teresa <tfalconi@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Meagan Kieferle <mkieferle@nvca.on.ca> {ǒĬƆĻĭƷʹ NVCA Comments re: 2020-A-39 27 Goss Rd, Oro-Medonte (NVCA File #42358) The Nottawasaga Valley Conservation Authority (NVCA) confirms receipt of the above-noted Committee of Adjustment application. At this time, NVCA staff advise that this property is under investigation for non-compliance with the Conservation Authorities Act. The NVCA recommends that the Committee defer the application until such time as the non-compliance is resolved. The non-compliance is related to the construction of the boathouse subject to this application, which was constructed on the shoreline without permission from the NVCA. The Committee is advised that approval of application 2020-A-39 prior to resolution of the non-compliance may result in granting permission as-of-right for a structure which was constructed in contravention of the Conservation Authorities Act. The structure was not reviewed by the NVCA, and staff are unable to confirm that it was appropriately designed, sited and safe for use. Should the Committee decide to approve the application, the NVCA strongly recommends it do so subject to the following conditions: Confirmation of resolution of the NVCA non-compliance, and; Permission to develop from the NVCA for the boathouse. Thank you for circulating this application and please forward a copy of the decision. 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 971 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... Report Report No. To: Prepared By: DS2020-099 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-40 Roll #: R.M.S. File #: Jane Watkins 4346-010-005-39100 D13-58374 17 Nelson Street Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-099 be received and adopted. 2. That Minor Variance Application 2020-A-27 by Jane Watkins, specifically for permission to permit a single detached dwelling with a reduced setback to 9.7 metres (31.8 feet) from the average high water mark of Bass Lake on the lands municipally known as 17 Nelson Street, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-099. 3. The conditions are as follows: a. That notwithstanding Table B1 (1) Standards for Permitted Uses, SR and 5.30 Setback from Average High Water Mark of Bass Lake of Zoning By-law 97-95, the proposed single detached dwelling 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 an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the dwelling is located no closer than 9.7 metres from the average high water mark of Bass Lake d. That the appropriate Zoning Certificate, Engineered Lot Grading Plan, NVCA permit and Building Permit be obtained from the Township only within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant decision under the Secretary- Development Services September 3, 2020 Report No. DS2020-099 Page 1 of 10 Page 972 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.07 hectares (0.17 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 70.0 sq. m. (753.0 sq. ft.) and a detached accessory building under 10 sq. m. The applicant is proposing construction of a new single detached dwelling to replace the existing dwelling. The applicant is requesting relief from the following Sections of Zoning By-law 97-95, as amended: Table B1 (1) Standards for Permitted Uses, SR Permitted: Proposed: No building shall be located closer than 15 metres 9.7 metres (31.8 feet) (49.2 feet) from the average high water mark of Bass Lake 5.30 Setback from Average High Water Mark of Bass Lake Permitted: Proposed: No building shall be located closer than 15 metres 9.7 metres (31.8 feet) (49.2 feet) from the average high water mark of Bass Lake 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 2.2 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; the applicant is proposing construction of a new detached dwelling that would be permitted by these policies. Section 2.2 Water protect, improve or restore the quality and quantity of watermit by NVCA will take all necessary precautions to protect the environment. At the time of writing this report, no Development Services September 3, 2020 Report No. DS2020-099 Page 2 of 10 Page 973 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... comments have been received by NVCA. The Committee shall have regard for any comments to be received. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. A Place to Grow, 2019 A Place to Grow (2019) was approved on May 16, 2019 to replace the 2017 Growth Plan. This plan provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed structure conforms to the Rural Areas policies in the Growth Plan 2019 as the lands subject to this application are already on an established residential lot. 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 inland lake (Bass Lake). 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 required permit by NVCA will take all necessary precautions to protect the key hydrologic and natural heritage features. Section 4.2.4.5 speaks to developed shoreline areas of inland lakes permitting redevelopment should the project meet several criteria such as minimizing erosion, and avoiding/mitigation sedimentation near the lake. The requirement for an Engineered Lot Grading Plan and NVCA permit will satisfy this section. At the time of writing this report, no comments have been received by NVCA. Council shall have regard for any comments to be received. Planning Staff is of the opinion that this application for a new single detached dwelling conforms to A Place to Grow, 2019. County of Simcoe Official Plan the Rural designation is to promote long- 2016). Section 3.7.4 permits limited residential development in the Rural designationas being proposed through this application in conformity with this policy. and the permitted residential use. Development Services September 3, 2020 Report No. DS2020-099 Page 3 of 10 Page 974 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... 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 s Official Plan. Pursuant to 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 is a permitted use and its construction will be in keeping with the existing residential character of the neighbourhood. 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 Shoreline Residential (SR) - law 97-95, as amended. Single detached dwellings are permitted in the SR Zone. The proposed dwelling is not encroaching further than the existing dwelling; however, it is increasing the floor area within the required setback from Bass Lake. The general intent of the Zoning By-law in requiring the minimum setback from the average high water mark of 15 metres (49.2 feet) from Bass Lake is to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. Planning staff are confident that the required permit needed from the NVCA will take all necessary precautions to protect the key hydrologic and natural heritage features. At the time of writing this report, no comments have been received by NVCA; however, the Committee shall have regard for any comments that are received. 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 dwelling structure to standout, look out of Development Services September 3, 2020 Report No. DS2020-099 Page 4 of 10 Page 975 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... place or detract from the character of this established neighbourhood. Upon site visit, Staff noted mature vegetation along the East and West lot lines. There is an existing dwelling to be removed and enlarged for this project. The proposed structure will be in keeping with the character of the neighbourhood. The proposed structure will not interfere with functional matters such as parking and the septic system. At the time of writing this report, no comments have been received by NVCA and the Committee shall have regard for any comments that are 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 dwelling structure is not anticipated to have an adverse impact on the neighbourhood and would be a consistent use with the surrounding properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered 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, 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: Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote Development Services September 3, 2020 Report No. DS2020-099 Page 5 of 10 Page 976 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... 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, ELG required Township Building Services high water table may affect construction of footings, water proofing and sewage system requirements Township Infrastructure and Capital Projects no objections, driveway to be constructed as per Entrance By-law County of Simcoe no comments received Nottawasaga Valley Conservation Authority no comments received SMCDSB no objection Letter of support from resident Planning Justification Report from Plan Muskoka 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-40 be approved, specifically to permit a single detached dwelling with a reduced setback to the average high water mark of Bass Lake on the lands municipally known as 17 Nelson Street on the basis that the application is consistent with and conforms to Provincial policiesand plans, the County and Township Official Plans and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Andria Leigh, Director, Development Services August 27, 2020 Development Services September 3, 2020 Report No. DS2020-099 Page 6 of 10 Page 977 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location map Development Services September 3, 2020 Report No. DS2020-099 Page 7 of 10 Page 978 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services September 3, 2020 Report No. DS2020-099 Page 8 of 10 Page 979 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Site Plan Development Services September 3, 2020 Report No. DS2020-099 Page 9 of 10 Page 980 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Plan Development Services September 3, 2020 Report No. DS2020-099 Page 10 of 10 Page 981 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:33 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-40) Watkins Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 982 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:55 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-40) Watkins Teresa Operations has no objections to this application. Comments are as follows: 1. Driveway while not shown is to be constructed as per the Entrance Bylaw. Justin Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 983 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Monday, August 17, 2020 2:52 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-40) Watkins Good Afternoon Teresa, The school board has no comment on Minor Variance Application (2020-A-40) Watkins Kind Regards, Janet Porter Senior Planner Page 984 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 11:49 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, September 03, 2020 (2020-A-40) Watkins Building Division comments are as follows; 1. High water table may affect construction of footings, waterproofing and sewage system requirements. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 985 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Martin Emmons <marty.emmons@gmail.com> {ĻƓƷʹ Tuesday, August 25, 2020 10:43 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ 2020-A-40, 17 Nelson Street My wife Lorie and I are the residents and owners of 25 Nelson St., which is two properties away from the property at 17 Nelson St. which is the subject of this variance application. This email is to confirm that we are in support of the application and the variances requested in the application. Page 986 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... Page 987 of 1022 12.q) 8:20 p.m. DS2020-99, Danielle Waters, Planner re: Minor Variance A... 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Report Report No. To: Prepared By: DS2020-089 Development Services Catherine McLean Committee Planner Meeting Date: Subject: Motion # September 3, 2020 Minor Variance Application _____________________ 2020-A-41 Roll #: R.M.S. File #: Corryn & Ryan Mounstephen 4346-010-002-03700 D13 58375 3000 Line 3 North Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-089 be received and adopted. 2. That Minor Variance Application 2020-A-41 by Corryn & Ryan Mounstephen, specifically to permit construction of a new detached accessory building with a height of 6.3 metres (20.8 feet) on the lands known as 3000 Line 3 North, be approved subject to the conditions as outlined in Report DS2020-089. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and, c) That the appropriate Zoning Certificate and Building Permit be obtained from the Tow binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants decision under the Secretary- Background: The subject property has a lot area of 29.1 hectares (72.0 acres) and there is currently a single detached dwelling under construction. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are Development Services September 3, 2020 Report No. DS2020-089 Page 1of 12 Page 997 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... proposing to build a 50.7 square metres (546.0 square feet) detached accessory building with a height of 6.3 metres (20.8 feet). Therefore, the applicants are requesting relief from the following Section of Zoning By-law 97-95, as amended: Section 5.1.4 Maximum Height Required: Proposed: 4.5 metres (14.7 feet) 6.3 metres (20.8 feet) elevation drawings are included as Schedules 3 and 4 to this report. 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 2.1 Natural Heritage are applicable to this application. The proposed development is consistent with the PPS with respect to Rural Areas as the detached accessory building is accessory to the single detached dwelling, which represents limited residential development allowed for by the policies. 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 significant woodlands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. The subject lands are heavily treed and are part of a larger natural heritage system, which includes Simcoe County forests to the south and west. The Growth Plan policies, which will be explained in more detail in the following section, build upon the policy foundation provided by the PPS and provides further direction with regards to the protection of key natural heritage features. As stated in the Growth Plan, Where the policies of this Plan address the same, similar, related, or overlapping matters as policies in the PPS, applying the more specific policies of this Plan satisfies the requ). As such in reviewing the more detailed policies in Section 4.2.3.1 as discussion below, Planning Staff are satisfied that the proposed development is consistent with the Natural Heritage policies of the PPS, there is no alternative location for the proposed accessory building outside the significant woodland, the accessory building will be located in close proximity to the dwelling and it will be limited in size. Development Services September 3, 2020 Report No. DS2020-089 Page 2of 12 Page 998 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building is consistent with the Rural Areas policies in the Growth Plan as it will be located on an established rural residential lot. According to Schedule B of within the Oro Moraine Core/Corridor Area designation. As indicated on Schedule B, Areas, Corridor Areas and Outliers are considered to be Significant Woodlands; therefore, Section 4.2.3 Key Hydrological Features, Key Hydrological Areas and Key Natural Heritage Features is applicable. Specifically Section 4.2.3.1 states: Outside of settlement areas, development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for: e) expansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan, subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure42-43). In Plannise policies for the following reasons: 1) the entire property is heavily treed; therefore, there is no alternative location to build the detached accessory building on the property that would be outside the natural heritage feature; 2) the applicants are proposing to build the accessory building immediately adjacent to the new dwelling; and, 3) the size of the structure will be limited in scope as it is approximately half the maximum floor area permitted for an accessory building in the Agricultural/Rural (A/RU) Zone. County Official Plan The Greenlands Designation seeks to protect and restore the natural character, form, function and connectivity of the natural heritage system, which includes significant woodlands. The Greenlands Designation permits dwellings on existing lots of record. Official Plan as the detached accessory building is accessory to the permitted residential use. At the time of writing of this report, County comments have yet to be received by Township staff. Committee members should have regard to any County comments that Development Services September 3, 2020 Report No. DS2020-089 Page 3of 12 Page 999 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Rural and Oro Moraine Core/Corridor Area in the ficial Plan as illustrated on Schedule 5 of this report. The location where the garage is proposed to be located is designated Oro Moraine Core/Corridor Area. The intent of the Oro Moraine Core/Corridor Area Designation is: restrict development in the most sensitive area of the Oro Moraine; encourage the retention and enhancement of the natural heritage features and functions in the natural core area; maintain and where possible, improve and restore linkages between significant natural heritage features to facilitate the movement of plants and animals; and, restrict development in the Oro Moraine Natural Corridor Area that would have a negative impact on significant natural features and their ecological functions on lands within the Oro Moraine Natural Core Area designation. Permitted uses in the Oro Moraine Core/Corridor Area designation include single detached dwellings and accessory uses on existing lots. Section B1.10.1.4 (f) statesdevelopment of any use that requires a Planning Act approval may be subject to the preparation of an Environmental Impact Study (EIS) and However, Section B1.7 provides the ability to waive the EIS requirement subject to a number of waived by Council if the proposed development is minor in nature and/or is located in an area that is not the site of or near any significant natural heritage features and/or if the subject lands are within a Draft Approved subdivision or are zoned to permit a use that is permitted by the implementing zoning by-In EIS and MP are not required to be submitted for this Minor Variance application on the basis that there is no other alternative location on the lot that would be outside the woodland, the proposed accessory building will be located next to the dwelling and the proposed development will be minor in nature as the building will be limited in size. Development Services September 3, 2020 Report No. DS2020-089 Page 4of 12 Page 1000 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... The proposed variance conforms to the general intent and purpose of the Official Plan as the applicants are proposing to build a detached garage, which is accessory to a permitted residential use in the Oro Moraine Core/Corridor Area and any adverse impacts on the woodland have been mitigated by ensuring that the garage is located within close proximity to the dwelling and it is limited in scope. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) -law 97-95. -law, an accessory building is permitted pursuant to Section 5.1. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of a one storey detached accessory building with an increase in height from 4.5 metres (14.7 feet) to 6.3 metres (20.8 feet). Detached accessory buildings are subject to maximum size and height restrictions to ensure that such accessory structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over- development that would detract from the rural character of the area. The height of a detached accessory building is measured from average grade to mid-roof. The applicants have requested to increase the height of their detached accessory building so that the profile of the garage matches the dwelling in order to appear balanced. Although the proposed roof height is designed to complement the appearance of the dwelling, the accessory building at 50.7 square metres (546 square feet) will remain secondary and subordinate to the main dwelling which is 579 square metres (6,232.5 e in height is not believed to have a significant impact on the overall appearance of the structure. On this basis, it detached accessory building conforms to the general purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed accessory building will not be visible from the road or from the neighbouring properties due to the following unique characteristics of the lot: 1) The subject lands are large (29.1 hectares/72.0 acres); 2) The property is heavily treed; 3) The driveway winds through trees; 4) The accessory building will be located approximately 382.5 metres (1,254.9feet) from the front lot line, 102.5 metres (336.3 feet) from the south interior side lot line and over 260.0 metres (853.0 feet) from the rear lot line. Furthermore, the proposed height of the accessory building would not be out of character with the surrounding rural area as other properties that are zoned Agricultural/Rural (A/RU) and are over 2 hectares (4.9 acres) in size (such as the subject lands), are permitted to have large agricultural buildings with no size (height and floor area) restrictions, provided that they meet the setback requirements. However, Development Services September 3, 2020 Report No. DS2020-089 Page 5of 12 Page 1001 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... since the building is proposed to be used as a detached garage, it is classified as a detached accessory building and subject to these maximum size restrictions. For the reasons listed above, Planning Staff are satisfied that the proposed variance is desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In variance to permit a detached accessory building with an increased height of 6.3 metres (20.8 feet) is minor in nature as the proposed accessory building is not anticipated to have any adverse impacts on the neighbouring properties and is proposed to maintain a consistent character with the dwelling on site, it will not detract from the rural residential character of the lot and any adverse impacts on the woodland have been mitigated based on the placement and limited size of the building. 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, 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 economic and attributes. Development Services September 3, 2020 Report No. DS2020-089 Page 6of 12 Page 1002 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... 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 Infrastructure and Capital Projects No objection. Simcoe Muskoka Catholic District School Board No comment. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Site Plan Schedule 4: Elevation Drawings Schedule 5: Township Official Plan Schedule A - Land Use Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-41 be approved, specifically, to permit the construction of a detached accessory building with a height of 6.3 metres (20.8 feet) on the lands municipally known as 3000 Line 3 North, on the basis that the application meets the four tests of the Planning Act, and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Catherine McLean, Planner Approvals: Date: Derek Witlib, Manager Planning Services Andria Leigh, Director Development Services Development Services September 3, 2020 Report No. DS2020-089 Page 7of 12 Page 1003 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... Schedule 1: Location Map Development Services September 3, 2020 Report No. DS2020-089 Page 8of 12 Page 1004 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... Schedule 2: Aerial Photo Development Services September 3, 2020 Report No. DS2020-089 Page 9of 12 Page 1005 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... Schedule 3: Site Plan Development Services September 3, 2020 Report No. DS2020-089 Page 10 of 12 Page 1006 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... Schedule 4: Elevation Drawings Development Services September 3, 2020 Report No. DS2020-089 Page 11 of 12 Page 1007 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... Schedule 5: Township Official Plan Schedule A - Land Use Development Services September 3, 2020 Report No. DS2020-089 Page 12 of 12 Page 1008 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:30 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-41) Mounstephen Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 1009 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Monday, August 17, 2020 10:57 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Binns, Shawn <sbinns@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-41) Mounstephen Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 1010 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ jporter@smcdsb.on.ca <jporter@smcdsb.on.ca> hƓ .ĻŷğƌŅ hŅ Planning Department Correspondance {ĻƓƷʹ Monday, August 17, 2020 2:47 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020 (2020-A-41) Mounstephen Good Afternoon Teresa, The school board has no comment on Minor Variance Application (2020-A-41) Mounstephen. Kind Regards, Janet Porter Senior Planner Page 1011 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, August 18, 2020 11:19 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, September 03, 2020 (2020-A-41) Mounstephen The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 1012 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... Page 1013 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... Page 1014 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... Page 1015 of 1022 12.r) 8:30 p.m. DS2020-89, Catherine McLean, Planner re: Minor Variance ... 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