The URL can be used to link to this page

11 04 2020 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Wednesday, November 4, 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 advance of the meeting d Procedural By-law. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. Opening of Meeting: 2. Agenda Approval: 4 a) Motion to Approve the Agenda. \[Addenda\] 3. Disclosure of Pecuniary Interest: Page 1 of 272 4. Approval of Minutes: 5 - 23a) Minutes of Development Services Committee meeting held on Wednesday, October 7, 2020. 5. Public Meetings: None. 6. Public Hearings: 24 - 72 a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent Application 2018-B-05 Revised & Minor Variance Application 2020-A-51 by Barent & Charity Wemp, 325 Blueberry Marsh Road. 73 - 96 b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2020-A-54, Zahra Assadian Biouchkzadeh & Mohammad Biouchkzadeh 1753 Ridge Road West. 97 - 122 c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance Application 2020-A-55, Robert and Sarah Coppard, 664 Line 2 North. 123 - 142 d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2020-A-56 by Ken Sowman, 1439 Penetanguishene Road. 143 - 169 e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance Application 2020-A-57, Catherine Sarantopoulos & Dino Manoukas, 115 Moon Point Drive. f) 6:20 p.m. Deferred to December 2, 2020 Development Services Committee Meeting - Minor Variance Application 2020-A-58, 2440 Foxmead Road (Sweet). 170 - 195 g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re:Minor Variance Application 2020-A-59 (Matsievski), 15 Shewchenko Road (Oro). 7. Reports of Municipal Officers: 196 - 234 a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activity Summary (Development Applications, Planning, GIS, and Heritage Committee Projects) July September 2020. 235 - 241 b) DS2020-140, Todd Weatherell, Intermediate Planner re: Official Plan Amendment Application 2019-OPA-01 & Zoning By-law Amendment 2019- ZBA-14 by Innovative Planning Solutions on behalf of John Greenwood and Ashley Gardiner, 3750 Line 10 North Local Planning Appeal Tribunal (LPAT) Hearing Representation. 242 - 246 c) DS2020-146, Andy Karaiskakis, Senior Planner re: Deeming By-law Application 2020-D-01, William & Christiane Anderson, 15 Nelson Street and Adjacent Parcel to East (address not assigned) \[Refer to Item 5a) 11 04 2020 Page 2 of 272 Council Agenda\]. 247 - 256 d) DS2020-147, Danielle Waters, Planner re: Minor Variance Application 2020- A-39, Patricia & Nicholas Grifoni, 27 Goss Road. 257 - 272 e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13, Johnwood Investments Inc.,1614 Ridge Road East \[Refer to Item 5b) 11 04 2020 Council Agenda\]. 8. Next Meeting Date: Wednesday, December 2, 2020. 9. Adjournment: a) Motion to Adjourn. Page 3 of 272 2.a) Motion to Approve the Agenda. Page 4 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 5 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 6 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 7 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 8 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 9 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 10 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 11 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 12 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 13 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 14 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 15 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 16 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 17 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 18 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 19 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 20 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 21 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 22 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 23 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Report Report No. To: Prepared by: DS2020-141 Development Services Andy Karaiskakis, Committee Senior Planner Meeting Date: Subject: Motion # November 4, 2020 Consent Application 2018-B-05 _____________________ Revised & Minor Variance Roll #: R.M.S. File #: Application 2020-A-51 by 4346-020-009-23300 D10-55069 Barent & Charity Wemp 325 Blueberry Marsh Road Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-141 be received and adopted. 2. That Consent Application 2018-B-05 Revised by Barent & Charity Wemp to create one (1) new agricultural lot (hobby farm) having an area of 1.0 hectares (3.2 acres) together with an easement over the severed lands to provide access to the retained lands having a width of 6.0 metres (19.6 feet), a depth of 148.0 metres (485.5 feet) and an area of 888.0 square metres (9,558.6 square feet) on the lands municipally known as 325 Blueberry Marsh Road, Township of Oro- Medonte, be approved, subject to the conditions as outlined in Report DS2020- 141. The conditions are as follows: a) That the applicants which the applicant acknowledges the requirements and timing of matters that may include: payment of parkland contribution, approval of septic and building permits on the severed parcel; b) That the applicants obtain final approval of Minor Variance Application 2020- A-51 to permit a minimum lot area of 1.0 hectare (2.47 acres) for a hobby farm on the severed parcel; c) That the applicants apply for and obtain Site Plan Approval from the Director, Development Services and enter into a Site Plan Agreement, registered on- title, with the Township, to direct future development of the retained lands outside the Significant Woodland and 30 metre Minimum Vegetation Protection Zone; d) That the Applicant transfer to The Corporation of the Township of Oro- encumbrances, a road widening along Line 2 North to accommodate an offset cul-de-sac on the retained lands dimensioned to the satisfaction of the Director, Operations and Community Services, to the Township. The Development Services November 4, 2020 Report No. DS2020-141 Page 1of 22 Page 24 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... 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, Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above road widening with Line 2 North as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant; e) That the applicant apply for and obtain Septic Permit and Building Permit approvals including occupancy for the existing dwelling to the satisfaction of ; f) That the applicants pay $2,000.00 for the lot created as cash-in-lieu of a parkland contribution; g) That one copy of a Registered Reference Plan of the subject lands and easement prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; h) That copies of the proposed conveyance for the parcel severed and for the easement, for review by the Municipality; and, i) That all municipal taxes be paid to the Township of Oro-Medonte. 3. That Minor Variance Application 2020-A-51 by Barent & Charity Wemp to permit an agricultural lot size of 1.0 hectare (2.47 acres) for a hobby farm on the severed parcel on lands municipally known as 325 Blueberry Marsh Road, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-141. The conditions are as follows: a) That, notwithstanding Section 6.0 Definitions (Hobby Farm), on the severed lands the keeping of horses is prohibited. b) That, notwithstanding Table B4 of Zoning By-law 97-95, the severed lotshall otherwise comply with all other applicable provisions of the Zoning By-Law. 4. And that the applicants decisions under the Secretary- Background: The subject lands have a total lot area of approximately 17.3 hectares (42.7 acres) and are located on the west side of Line 2 North, between Moonstone Road West and Blueberry Marsh Road. The lands abut environmental lands (Medonte Bog) to the north, Line 2 North to the east, rural residential lands to the south and agricultural lands to the west (refer to Schedules 1 and 2). Development Services November 4, 2020 Report No. DS2020-141 Page 2of 22 Page 25 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... The original Consent Application was heard on April 4, 2018. At that time, the application was deferred to provide the opportunity for the applicants to address the concerns related to the impact of the creation of the new lot to the adjacent wetland and significant woodland. The applicants have since prepared an Environmental Impact Study to review the impact of the proposed severance on the adjacent wetland and on the significant woodlands on the subject property to demonstrate that the new lot would not have any negative impact on the key natural heritage features. This review resulted in an alteration to the configuration of the severed lot to be outside of the significant woodlands and to maintain a 30 metre buffer. The purpose of Consent Application 2018-B-05 as revised is to consider the creation of a new agricultural lot (hobby farm) by way of severance and to create an access easement from Line 2 North over the severed lands to the retained lands (refer to Schedule 3 . The applicants are also seeking relief from -law to permit a minimum lot area of 1.0 hectare (2.47 acres) for a hobby farm on the severed parcel. The specifics of the applications are as follows: Consent Application 2018-B-05 Revised: Lands to be Severed: Lands to be Retained: Frontage: 68.0 m (223.0 ft.) 336.0 m (1,102.3 ft.) Depth: 148.0 m (485.5 ft.) 424.0 m (1,391.0 ft.) Area: 1.0 ha (2.4 ac.) 16.4 ha (40.5 ac.) Hobby farm with existing dwelling Managed Forest and proposed dwelling Use: Easement over Severed Lands to Provide Access to Retained Lands Width: 6.0 m (19.6 ft.) Depth: 148.0 m (485.5 ft.) Area: 888.0 sq.m. (9,558.6 sq.ft.) Use: Access/Driveway Minor Variance Application 2020-A-51: Table B4 a) Minimum Lot Size for Agricultural Uses Required Proposed 2.0 hectares (4.9 acres) 1.0 hectares (2.4 acres) The applicants have submitted the following documents in support of their applications: Planning Justification Report, Baldwin Planning and Development Consultants, September 3, 2020; and Environmental Impact Study (Revised), Skelton Brumwell & Associates Inc., August, 2020. Development Services November 4, 2020 Report No. DS2020-141 Page 3of 22 Page 26 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... 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 does not restrict lot creation for agricultural purposes and permits limited residential development and other rural land uses. Section 1.1.5 Rural Lands In Municipalities contains policies for rural lands in is compatible with the rural landscape and can be sustained by rural service levels shourural and rural residential land uses. Therefore, the proposed hobby farm would be in keeping with the rural landscape of the area. Section 2.1 Natural Heritage contains policies concerning the long-term prosperity and protection of natural heritage features. The PPS prohibits development and site alteration on lands in or adjacent to natural heritage features unless the ecological function of the lands has been evaluated and has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions (Sections 2.1.5 and 2.1.8). A Non-Provincially Significant Wetland (Medonte Bog) has been identified to be located on the adjacent property to the north, while the subject property contains Significant Woodlands (refer to Schedule 5). The submitted Planning Justification Report concludes that the applications for consent heritage policies and there are no anticipated negative impacts to natural heritage Environmental Impact Study (EIS) concludes that from a natural heritage perspective, the proposed development is consistent with the Provincial Policy Statement and the recommends the following to ensure no negative impact on natural heritage features and functions: - the development area be identified prior to any site disturbance by a qualified ecologist and identified with temporary construction fencing; and, - it is recommended that any clearing for the proposed development avoid the migratory bird season of April 1 August 31 to ensure no harm to nesting birds or their nests, which are protected under the Migratory Bird Convention Act. The Nottawasaga Valley Conservation Authority (NVCA) has completed its review of the EIS and advise that the proposed lot configuration appears to remain outside of the Natural Heritage System/County OP Greenlands layer and outside the identified Significant Woodlands limits. As a result, NVCA Staff endorse the revised proposal subject to a condition that the applicant will be required to obtain Site Plan Approval for Development Services November 4, 2020 Report No. DS2020-141 Page 4of 22 Page 27 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... the vacant retained lands to direct future development outside the Significant Woodland and the 30 metre vegetative protection zone (VPZ). On the basis of the preceding, Planning Staff is satisfied that the applicants have demonstrated to the satisfaction of the Township and the NVCA (through their comments detailed below in Schedule 10) that the creation of the new lot will not have any negative impacts on the key natural heritage features. 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. Section 2.2.9 Rural Areas has also been reviewed by Planning staff which provides a policy framework of permitting development outside of settlement areas in rural lands subject to the following criteria: 2.2.9.3 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. directly speak to the creation of agricultural lots. However, the proposed use for an agricultural use (hobby farm) as the main use on the proposed severed lot would be in and does not prohibit the creation of such lots. The Growth Plan policies, however, do not prohibit severances in agricultural and rural areas where such severances are consistent with the Provincial Policy Statement. Section 4.2.2 Natural Heritage System has also been reviewed by Planning staff with respect to the proposed Consent application. The Natural Heritage System policies of the Growth Plan regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). The Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. Development Services November 4, 2020 Report No. DS2020-141 Page 5of 22 Page 28 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... located within the Environmental Protection Two overlay designation due to the presence of a Significant Woodland. Since the proposed severed lands are located outside the natural heritage features, Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is now also applicable to this application. Specifically, Section 4.2.4.1 of the Growth Plan states: for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrological feature will require a natural heritage evaluation or hydrological evaluation that identifies a vegetation protection zone, which: a. Is of sufficient width to protect the key natural heritage feature or key hydrological feature and its functions from the impacts of the proposed change; b. Is established to achieve and be maintained as natural self-sustaining vegetation; and, c. For key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or (p. 43-44). Schedule 6 to this report depicts the Ministry of Natural Resources and Forestry (MNRF) Natural Heritage System applicable to the area surrounding the subject lands. It also depicts the location of the Woodlands and the Non-Provincially Significant Wetland, as mapped by MNRF, in relation to the proposed severed lands. The applicants retained Skelton Brumwell & Associates who prepared an Environmental Impact Study (EIS) in support of this application. The consultants concluded that from a natural heritage perspective, the proposed development is consistent with the Provincial As a condition of consent, the applicant will be required to obtain Site Plan Approval for the vacant retained lands to direct future development outside the Significant Woodland and the 30 metre vegetative protection zone. On the basis of the preceding, Planning staff is satisfied that the applicants have demonstrated to the satisfaction of the Township and the NVCA that the creation of the new lot will not have any negative impacts on the key natural heritage features. County of Simcoe Official Plan The subject lands are designated in accordance with the County of Simcoe Official Plan (refer to Schedule 7). The proposed lot to be created is located entirely within the Rural Designation. The County OP does not have direct policies that relate to the creation of a lot for hobby farm purposes. Section 3.7.8 of the RLimited residential development may be created by consent provided the following are satisfied: a) Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. Consent lots should be Development Services November 4, 2020 Report No. DS2020-141 Page 6of 22 Page 29 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... 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 County has been circulated the subject application and have advised that they have no concerns with respect to the revised application. Township of Oro-Medonte Official Plan The subject property is designated Rural Twoin accordance (refer to Schedule 8). The Environmental Protection Two overlay designation is associated with the presence of a Significant Woodland which is illustrated in Schedule B Natural 5). Section C2.3.1 significantly restricts residential severances and this application would Rural planning staff is of the opinion that hobby farm severances can be considered as -law. Section C2.2 of the Official Plan does not have direct policies that relate to the creation of a lot for agricultural purposes, and therefore the policies found in Section D2.2.1 (New lots by Consent) would apply. listed below: D2.2.1 General Criteria Prior to issuing provisional consent for a new lot for any purpose, the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a) Fronts on and will be directly accessed by a public road that is maintained year round basis; The proposed severed and retained lands would have frontage on Line 2 North which is a public roadway maintained year-round by the Township of Oro-Medonte. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; The properties will not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; This application proposes to create a hobby farm. Significant traffic volume will not be generated by any agricultural use if located on the proposed severed lands. The Development Services November 4, 2020 Report No. DS2020-141 Page 7of 22 Page 30 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... been circulated for comments and have not identified any traffic safety concerns. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; The application proposes to create an agricultural lot for the operation of a hobby farm. The severed lands would contain an existing single detached dwelling and detached accessory building and have a lot frontage of 68.0 metres (223.0 feet), a lot area of 1.0 hectares (2.5 acres) and is proposed for a hobby farm along with the existing dwelling. The lands proposed to be retained are vacant. Subject to the approval of a minor variance application for lot size, the Consent application would comply with the Zoning By-law. e) Can be serviced with an appropriate water supply and means of sewage disposal; The existing dwelling on the severed lot is currently being serviced by private individual on-site services (well and septic system). The owner shall confirm with the Township that there are no conflicts between the existing services and proposed lot lines. The Chief Building Official has advised that there is currently an unapproved sewage system on the property as the 2010 Septic Permit remains uninstalled. Furthermore, the 2010 Building Permit has not obtained occupancy. The applicants are required to install an approved sewage system and obtain occupancy. Appropriate conditions have been recommended by Planning Staff should Committee approve the Consent Application. f) Will not have a negative impact on the drainage patterns in the area; The severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; The retained lands are designated Rural Two and are thus not designated for significant levels of new development beyond the level of their current use, which is for single detached residential and agricultural/rural purposes. Additionally, development of and access to the retained lands is proposed via a 6.0 metre wide easement from Line 2 North over the severed lands to keep the driveway away from the woodland buffer. h) Will not have a negative impact on the features and functions of any ecological feature in the area; The applicants retained Skelton Brumwell & Associates who completed an Environmental Impact Study dated August 2020. The results of the EIS were peer- reviewed by the NVCA that indicated in their email correspondence dated September 30, 2020 that the proposed lot configuration appears to remain outside of the Natural Development Services November 4, 2020 Report No. DS2020-141 Page 8of 22 Page 31 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Heritage System/County OP Greenlands layer and outside the identified Significant Woodlands limits. As a result, NVCA Staff endorse the revised proposal subject to a condition that the applicant will be required to obtain Site Plan Approval for the vacant retained lands to direct future development outside the Significant Woodland and the 30 metre vegetation protection zone (VPZ). i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; The existing and proposed uses (dwelling, hobby farm) of the lands do not represent a significant threat to groundwater resources. Any future development would require appropriate approvals for a well, which would ensure it would not negatively impact the quality and quantity of groundwater. 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. The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it i Based on the above, the application would appear to conform to the Township of Oro- Medonte Official Plan. Zoning By-law 97-95 The Agricultural/Rural (A/RU 9). Table B4--law requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. Table B4A also requires a minimum of 2.0 hectares for a hobby farm or agricultural uses. The applicants are proposing a lot size of 1.0 hectare (2.5 acres) in order to comply with the County of Simcoe lot size requirements; however, the applicants will require a Minor Variance -law lot size requirement of 2.0 hectares (4.9 acres) to recognize the proposed non-complying lot size. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services November 4, 2020 Report No. DS2020-141 Page 9of 22 Page 32 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Does the variance conform to the general intent and purpose of the Official Plan? As described above, the subject lands are designated The EP2 overlay designation is identified on the subject lands due to the presence of significant woodlands on the property. The EIS concludes that from a natural heritage perspective, the proposed development is consistent with the Provincial Policy Statement and the Growth Plan and and recommended a 30.0 metres vegetation protection zone to ensure the ongoing protection of the significant woodland. Planning Staff recommend that the 30.0 metre vegetation protection zone is enforce by means of site plan control. Based on the recommended measures to ensure the ongoing protection of the natural heritage features, Planning Staff is satisfied that the proposed variance conformsto the Does the variance conform to the general intent and purpose of the Zoning By-law? As described above, the subject lands are zoned -law 97-95, as amended. The minimum lot size required for agricultural uses and hobby farms in the A/RU Zone is 2.0 hectares (4.9 acres). The minimum lot frontage required for properties zoned A/RU is 45 metres (148 feet). The applicants have requested a lot size of 1.0 hectares (2.4 acres) to be in keeping would be deficient in size and particularly deficient for the keeping of horses. Other hobby farm uses, such as small-scale agriculture and the keeping of a limited number of be appropriate on the proposed 1.0 hectares (2.4 acres) lot. Therefore, Planning Staff is recommending that as a condition of minor variance approval the keeping of horses be prohibited on the new lot. The applicants have been made aware of the recommended condition. Planning Staff is of the opinion that the variance conforms to the general intent of the Zoning By-law. Based on the above, Planning Staff are satisfied that the proposed variance conformsto the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed hobby farm lot to standout, look out of place or detract from the character of the area. Upon site visit and aerial desktop review, Staff noted that many lots within this area have varying lot sizes; therefore the proposed hobby farm lot will be in keeping with the character of the area. The area of the proposed hobby farm lot will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are satisfied that the requested variance is considered desirable for the appropriate development of the lot. Development Services November 4, 2020 Report No. DS2020-141 Page 10 of 22 Page 33 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Is the variance minor? As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend 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 these applications were 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 that the applicant dedicate enough road widening to accommodate an offset cu-de-sac on the retained lands. Development Engineering: No objection. Building Division: there is an unapproved sewage system currently on the property. 2010 Septic Permit remains uninstalled. 2010 Building Permit has not obtained occupancy. Unable to verify that the proposed sewage system does not affect proposed severance. Applicant to install an approved sewage system and obtain occupancy. Development Services November 4, 2020 Report No. DS2020-141 Page 11 of 22 Page 34 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... County of Simcoe: No concerns. Nottawasaga Valley Conservation Authority: The NVCA advises that the revised lot configuration appears to remain outside of the Natural Heritage System/County OP Greenlands layer and outside of the identified Significant Woodland limits. The proposal includes implementation of a driveway access easement and future siting of a dwelling outside of identified significant features. This represents an improvement to the overall concept that meets the intent of Growth Plan policies. NVCA Staff hereby endorse the revised proposal. NVCA Staff recommend that given the EP2 and Significant Woodland designations on the property, any potential building envelope should be configured to avoid tree removal (mature or successional) to the extent possible. NVCA Staff suggest that an appropriate tool within the Planning Act to achieve this recommendation may be to place the vacant retained lot under Site Plan Control or another appropriate avenue as determined by the Township to direct future development outside the Significant Woodlands and 30 metre Minimum Vegetation Protection One (MVPZ). Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Applicants Severance Sketch Schedule 4: Applicants EIS Sketch Schedule 5: Township Official Plan - Natural Features Schedule 6: Ministry of Natural Resources and Forestry Natural Heritage SystemMap Schedule 7: County of Simcoe Land Use Schedule 8: Township Official Plan - Land Use Schedule 9: Existing Zoning Schedule 10: Nottawasaga Valley Conservation Authority Comments dated September 30, 2020 Conclusion: Planning Staff recommends that Consent Application 2018-B-05 Revised, and Minor Variance Application 2020-A-51 be approved, subject to the identified conditions on the basis that the applications are consistent with the Growth Plan, Provincial Policy - and the variance meets the four tests of the Planning Act. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date Derek Witlib, Manager, Planning Services October 27, 2020 Andria Leigh, Director, Development Services October 27, 2020 Development Services November 4, 2020 Report No. DS2020-141 Page 12 of 22 Page 35 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Development Services November 4, 2020 Report No. DS2020-141 Page 13 of 22 Page 36 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Development Services November 4, 2020 Report No. DS2020-141 Page 14 of 22 Page 37 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Development Services November 4, 2020 Report No. DS2020-141 Page 15 of 22 Page 38 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Development Services November 4, 2020 Report No. DS2020-141 Page 16 of 22 Page 39 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Development Services November 4, 2020 Report No. DS2020-141 Page 17 of 22 Page 40 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Development Services November 4, 2020 Report No. DS2020-141 Page 18 of 22 Page 41 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Development Services November 4, 2020 Report No. DS2020-141 Page 19 of 22 Page 42 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Development Services November 4, 2020 Report No. DS2020-141 Page 20 of 22 Page 43 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Development Services November 4, 2020 Report No. DS2020-141 Page 21 of 22 Page 44 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Schedule 10: NVCA Comments Development Services November 4, 2020 Report No. DS2020-141 Page 22 of 22 Page 45 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... CƩƚƒʹ Emma Perry <eperry@nvca.on.ca> {ĻƓƷʹ September 30, 2020 3:25 PM ƚʹ Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> /ĭʹ 'ANGELA BALDWIN' <angela.baldwin@rogers.com>; 'Michael Wynia' <mwynia@skeltonbrumwell.ca>; Charity Wemp <charitywemp@yahoo.ca>; Planning Dept <Planning@nvca.on.ca> {ǒĬƆĻĭƷʹ NVCA comments re 325 Blueberry Marsh Road - Consent Application 2018-B-05 (Wemp) NVCA File 33520 Good afternoon Andy, revew, NVCA staff have reviewed the following study in support of a consent application within the Natural Heritage System: Skelton Brumwell, Proposed development re: 325 Blueberry Marsh Rd., Environmental Impact Study (revised), August 2020. NVCA Staff acknowledge the effort to refine proposed parcel fabrics to meet constraints associated with relevant natural heritage-related planning policies contained within the A Place to Grow Act Growth Plan for the Greater Golden Horseshoe (2019). In consideration of revised Growth Plan policies pertaining to layer is being considered the relevant Natural Heritage System (NHS) layer for the eview. The new proposed lot configuration appears to remain outside of the NHS/County OP Greenlands layer and outside of Greenland layer). Proposed parcel boundaries do overlap in some locations with identified 30m Minimum Vegetation Protection Zone (MVPZ); however, the majority of this overlap appears to be limited to existing residential area on the severed lot. The proposal includes implementation of a driveway access easement and future siting of a dwelling outside of identified significant features. This represents an improvement to the overall concept that arguably meets the intent of Growth Plan policies. NVCA Staff hereby endorse the revised proposal. Page 46 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... NVCA staff again recommend (following comments issued 29 January 2019) that given the EP2 and Significant Woodland designations on the property, any potential building envelope should be configured to avoid tree removal (mature or successional) to the extent possible. NVCA staff suggest that an appropriate tool within the Planning Act to achieve this recommendation may be to place the vacant lot under Site Plan Control or another appropriate avenue as determined by the Township to direct future development outside the Significant Woodland and 30m MVPZ. 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 47 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... CƩƚƒʹ Emma Perry <eperry@nvca.on.ca> {ĻƓƷʹ October 26, 2020 3:17 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Planning Dept <Planning@nvca.on.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ NVCA comments (2018-B-05, Revised) and (2020-A-51) Wemp NVCA File 33520 Good afternoon Teresa, NVCA staff have reviewed the above-noted applications and advise of no objection to the approval of the consent application to sever a hobby farm and creation of an access easement. We have no objection to the minor variance for reduced size of the severed hobby farm lot. NVCA staff again recommend (following comments issued 29 January 2019 and 30 September 2020) that given the EP2 and Significant Woodland designations on the property, any potential building envelope on the retained lot should be configured to avoid tree removal (mature or successional) to the extent possible. NVCA staff suggest that an appropriate tool within the Planning Act to achieve this recommendation may be to place the vacant lot under Site Plan Control or another appropriate avenue as determined by the Township to direct future development outside the Significant Woodland and 30m MVPZ. Thank for the opportunity to provide comments on this application and please forward a copy of the decisions. Sincerely, Emma Perry Planner III Nottawasaga Valley Conservation Authority th 8195 8 Line, Utopia, ON L0M 1T0 T 705-424-F 705-424-2115 Page 48 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ October 20, 2020 8:40 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2018-B-05, Revised) and (2020-A-51) Wemp Building Division comments are as follows; 1. Unapproved sewage system currently on property. 2010 Septic Permit remains uninstalled. 2010 building permit has not obtained occupancy. Unable to verify that proposed sewage system does not effect proposed severance. 2. Install an approved sewage system and obtain occupancy. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 49 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ October 20, 2020 8:56 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2018-B-05, Revised) and (2020-A-51) Wemp Teresa Development Engineering has No Objection to the above noted Severance Consent or Minor Variance Application(s). Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 50 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ October 20, 2020 9:05 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 November 04, 2020 (2018-B-05, Revised) and (2020-A-51) Wemp Teresa Operations will require that the applicant dedicate enough road widening to accommodate an offset cul de sac on the retained lands. I have attached a PDF showing the approximate location of the widening as well as the STD.DWG for an offset cul de sac. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 51 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 52 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 53 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... CƩƚƒʹ bƚƌğƓͲ WǒƌźĻ ѡWǒƌźĻ͵bƚƌğƓθƭźƒĭƚĻ͵ĭğѢ {ĻƓƷʹ hĭƷƚĬĻƩ ЋЏͲ ЋЉЋЉ ЋʹЌА ta ƚʹ tƌğƓƓźƓŭ ѡtƌğƓƓźƓŭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ /ƚǒƓƷǤ /ƚƒƒĻƓƷƭ Ώ ЋЉЊБΏ.ΏЉЎ Ώ ЌЋЎ .ƌǒĻĬĻƩƩǤ ağƩƭŷ wƚğķ Good afternoon, The County of Simcoe was circulated the Notice of Public Hearing for a severance application with respect to the property municipally addressed as 325 Blueberry Marsh Road. The County has no concerns with respect to the proposed. Since the proposed use on the retained lands is a hobby farm, planning staff may want to inform the applicant about Minimum Distance Separation for any new dwelling on the severed parcel. Sincerely, Julie Nolan RPP Planner County of Simcoe Planning Department 1110 Highway 26, Midhurst, Ontario L9X 1N6 Phone: 705-726-9300 Fax: 705-727-4276 Email: Julie.Nolan@simcoe.ca www.simcoe.ca Page 54 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... CƩƚƒʹ aźĭŷğĻƌ /ƚƌĻǤ ѡƒźƉĻƆğƓƦĻƓƓǤθǤğŷƚƚ͵ĭƚƒѢ {ĻƓƷʹ ŷǒƩƭķğǤͲ hĭƷƚĬĻƩ ЋВͲ ЋЉЋЉ ЊЋʹЎЋ ta ƚʹ tƌğƓƓźƓŭ ѡtƌğƓƓźƓŭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ bƚƷźĭĻ ƚŅ ƦǒĬƌźĭ ŷĻğƩźƓŭ ķğƷĻķ hĭƷƚĬĻƩ ЊВƷŷ ЋЉЋЉ͵ Dear Mr Andy Karaiskakis secretary -treasurer, With regard to the application for a severance by Barent and Charity Wemp whose property is directly opposite my property at 326 Blueberry Marsh Road. As previously made known to yourself during March 2018 I do not object to the granting of this severance provided that the existing road closure and barrier between our two properties remains intact and respected. This closure was to prevent motorized vehicles from using this avenue of access and causing a disturbance to ourselves but not to the exclusion of persons enjoying nature on foot. This closure was approved by council granting my requests after submissions by myself dating back to my letter of February 4th 2009. May I respectfully have your assurance that the " Consent for an access easement." ( part 2 of their application.) does not refer to interruption of the existing approved road closure. Yours sincerely, Michael P Coley. Page 55 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 56 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 57 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 58 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 59 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 60 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 61 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 62 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 63 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 64 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 65 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 66 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 67 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 68 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 69 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 70 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 71 of 272 6.a) 5:30 p.m. DS2020-141, Andy Karaiskakis, Senior Planner re: Consent ... Page 72 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Report Report No. To: Prepared By: DS2020-142 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # November 4, 2020 Minor Variance Application _____________________ 2020-A-54 Roll #: R.M.S. File #: Zahra Assadian 4346-010-007-21400 D13 58607 Biouchkzadeh & Mohammad Biouchkzadeh 1753 Ridge Road West Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-142 be received and adopted. 2. That Minor Variance Application 2020-A-54 by Zahra Assadian Biouchkzadeh & Mohammad Biouchkzadeh, specifically for permission to permit a swimming pool with a reduced setback from a watercourse of 11 metres (36 feet), on the lands municipally known as 1753 Ridge Road West, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-142. 3. The conditions are as follows: a. That notwithstanding Section 5.32 Setback from Watercourses of Zoning By-law 97-95, the proposed swimming pool shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the appropriate Zoning Certificate, LSRCA permit and Pool Fence becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant decision under the Secretary- Development Services November 4, 2020 Report No. DS2020-142 Page 1 of 10 Page 73 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Background: The subject property is a Lake Simcoe waterfront lot possessing an area of 0.926 hectares (2.3 acres) and supports a dwelling, a boathouse and an accessory building. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2. The applicant is proposing construction of a swimming pool and is requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 5.32 Setback from Watercourses Required: Proposed: Minimum 30 metres (98.4 feet) 11 metres (36 feet) The applicant site plan is included as Schedule 3 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.2 Water and Section 3.1 Natural Hazards are applicable to this application. The PPS define the construction of buildings and structures requiring approval under the Planning and, by extension, accessory structures such as swimming pools. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The watercourse from which the applicant is seeking a reduced setback appears to be a small, seasonally intermittent drainage course located on the adjacent property to the east. Planning Staff is of the opinion that the proposed development is consistent with the Water and Natural Hazards policies of the PPS, as the proposed swimming pool is not anticipated to have any negative impacts on the nearby watercourse, since there is already existing development (i.e. dwellings, boathouse) located substantially closer to the watercourse than the proposed swimming pool. Planning Staff also does not anticipate any significant flooding or erosion hazards associated with the watercourse, due to its small size and intermittent flow. Therefore, Planning Staff is of the opinion that this application is consistent with the policies of the PPS. Development Services November 4, 2020 Report No. DS2020-142 Page 2 of 10 Page 74 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... However, the Lake Simcoe Region Conservation Authority (LSRCA) staff have expertise regarding water and natural hazards matters, and the Committee should have regard for any comments that may be received from the LSRCA regarding this application. A Place to Grow, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed development is consistent with the Rural Areas policies in the Growth Plan as the applicants are proposing an accessory structure (swimming pool) to the existing residential use. Section 4.2.4 Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies to this application as the proposed development is located adjacent to a watercourse. Specifically, Section 4.2.4.1 states: development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or -44). objective would be served by requiring a Natural Heritage Evaluation (NHE) for the purposes of the proposed swimming pool, as the pool is proposed to be located within the existing developed rear yard and therefore the extent of site alteration and development on the lands is not expanding any closer to the watercourse than the existing dwelling and its associated landscaping, walkway and retaining wall. Therefore, there is no new or increased impact created by the proposed development on any hydrologic features. The location of the proposed swimming pool is regulated by the Lake Simcoe Region Conservation Authority (LSRCA) and Planning Staff anticipates that the LSRCA will require the applicant to obtain an LSRCA Permit. At the time of writing of this report, LSRCA comments have yet to be received by Township staff. Committee members should have regard to any LSRCA comments that the Township may receive with Development Services November 4, 2020 Report No. DS2020-142 Page 3 of 10 Page 75 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... County of Simcoe Official Plan promote long-Simcoe, 2016). Section 3.7.4 permits limited residential development in the Rural designationas being proposed through this application in conformity with this policy. shoreline area and the permitted residential use of the lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent of the Official Plan? The subject lands are designated Shoreline and Rural i proposed swimming pool would be located within the Shoreline designation. 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. In Planning he proposed construction of a pool, that is accessory to the residential use, will be in keeping with the existing residential character of the neighbourhood. There is a watercourse that runs through the middle of the property near the dwelling; therefore, Section B5.1.2 - Rivers and Streams is also applicable to this application. The intent of the Official Plan is to protect all rivers and streams from incompatible development and to minimize the impacts of such development on their function. Since the application is for a swimming pool that will not be encroaching any closer to the watercourse than any existing development, Planning Staff is satisfied that there will not be any adverse impacts on the watercourse as a result of the proposed pool construction. Based on the above, Planning Staff is satisfied that the proposed variance conforms to the general intent and purpose of the Official Plan as the applicants are proposing to build Development Services November 4, 2020 Report No. DS2020-142 Page 4 of 10 Page 76 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... swimming pool, which is a permitted residential accessory use in the Shoreline Designation and which is not anticipated to have an adverse impact on the watercourse. At the time of writing this report, no comments have been received from the LSRCA and the Committee shall have regard for any comments that are received. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) and Agricultural/Rural (A/RU) by -law 97-95, as amended. The proposed swimming pool would be located with the SR Zone and is a permitted use within that zone. The general intent of Section 5.32 of the Zoning By-law in prohibiting buildings and structures within 30 metres (98.4 feet) of the top of bank of any watercourse is to prevent negative impacts on surface water and habitat, as well as to protect persons and property from flooding and erosion hazards. The applicant is requesting a setback of 11 metres (36 feet) from the watercourse that is located on the adjacent property to the east and that runs south into Lake Simcoe and parallel to the easterly lot line of the subject landsswimming pool is not anticipated to have any adverse impacts on the watercourse or create any hazard risks. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? The proposed swimming pool would add an amenity feature to the rear yard of the property and will not interfere with functional matters such as drainage, parking, the septic system, or landscaped amenity space. 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 requested variance is minor in nature, as the proposed swimming pool and its reduced setback from a watercourse is anticipated to have an adverse impact on and hydrologic (water features) or result in any natural hazards risks the adjacent property. 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. Development Services November 4, 2020 Report No. DS2020-142 Page 5 of 10 Page 77 of 272 6.b) 5:40 p.m. DS2020-142, 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, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote features and attributes. Staff are of the opinion that the requested variance and its proposed development are consistent with the Strategic Plan. 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 Services no comment. Township Operations Division no comment. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Site Plan Development Services November 4, 2020 Report No. DS2020-142 Page 6 of 10 Page 78 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-54 be approved, specifically to permit a swimming pool with a reduced setback from a watercourse of 11 metres (36 feet), 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: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Director, Development Services October 28, 2020 Development Services November 4, 2020 Report No. DS2020-142 Page 7 of 10 Page 79 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location map Development Services November 4, 2020 Report No. DS2020-142 Page 8 of 10 Page 80 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo Development Services November 4, 2020 Report No. DS2020-142 Page 9 of 10 Page 81 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicant Site Plan Development Services November 4, 2020 Report No. DS2020-142 Page 10 of 10 Page 82 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ October 20, 2020 4:04 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-54) Biouckzadeh Teresa Operations has no comment on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 83 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ October 21, 2020 1:31 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-54) Biouckzadeh The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 84 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ October 21, 2020 9:07 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-54) Biouckzadeh Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Page 85 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ October 28, 2020 File No: 2020-A-54 IMS File No.: VA-125103-102220 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 1753 Ridge Road West Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of a swimming pool with a setback of 11 metres from the watercourse. 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 meanderbelt hazard of the adjacent watercourse (Oro Creeks South) as well as associated shoreline flood and erosion hazard. The subject property is currently designated Shoreline in the Township of Oro- The subject property is currently zoned Shoreline Residential (SR) Zone. Page 86 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... 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 new pool is partially within the meanderbelt setback of the watercourse as well as the shoreline hazard lands. The proposal does not constitute residential intensification within the hazard lands however and is therefore 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 87 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Page 3 of 3 interference in any way with a watercourse or wetland. The site is partially within a regulated area and the works appear to be proposed in the regulated area as well. The works will therefore require a permit from LSRCA. It is noted the new pool is proposed to be located closer than 15 metres from the watercourse. Generally, LSRCA does not allow for pools to be located closer than 15 metres to a watercourse however exceptions may be allowed due to lot size constraints in development areas such as this one. The pool is within the shoreline regulation and will require a permit from LSRCA. Due to the close proximity to both the shoreline and watercourse, additional studies may be required at the time of permitting. 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. The proposed pool will require a permit from LSRCA. Additional studies or plans may be required as part of this permit. 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 Planner 1 Page 88 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Page 89 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Page 90 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Page 91 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Page 92 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Page 93 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Page 94 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Page 95 of 272 6.b) 5:40 p.m. DS2020-142, Derek Witlib, Manager, Planning Services re: ... Page 96 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Report Report No. To: Prepared By: DS2020-148 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # November 4, 2020 Minor Variance Application _____________________ 2020-A-55 Roll #: R.M.S. File #: Robert and Sarah Coppard 4346-010-002-07600 D13 58608 664 Line 2 North Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-148 be received and adopted. 2. That Minor Variance Application 2020-A-55 by Robert and Sarah Coppard specifically for permission to build an addition to the existing non-conforming single detached dwelling with a reduced setback to a water course (14.0m) and reduced setback from the Environmental Protection zone (3.0m) on the lands municipally known as 664 Line 2 North, Township of Oro-Medonte, be deferred to allow the applicant the opportunity to have a Natural Heritage Evaluation completed. 3. And that the applicant be advised of the decision under the Secretary- Background: The subject property has a lot area of 8.8 hectares (21.7 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling. There is a watercourse that runs through the property to the south of the dwelling and as a result a portion of the property is zoned Environmental Protection (EP). The applicant is proposing to build two additions, a deck, and an in- ground pool within the required setbacks to the EP zone and watercourse. As a result, the applicant is requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 5.27 Setbacks from Limits of Environmental Protection Zone Required: Proposed: 30.0 metres (98.4 feet) 3.0 metres (9.8 feet) Development Services November 4, 2020 Report No. DS2020-148 Page 1of 11 Page 97 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Section 5.32 Setback from the top of bank of the watercourse Required: Proposed: 30.0 metres (98.4 feet) 14.0 metres (45.9 feet) is included as Schedule 3 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage and Section 2.2 - Water are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. Planning Staff is at this time unable to determine if the application is consistent with the Natural Heritage and Water policies of the PPS. The proposed addition is located within a Key Natural Feature (Significant Woodland identified on Schedule B of the Township of Oro-Medonte Official Plan) and adjacent to a Key Hydrologic Feature (watercourse) and adjacent to a Key Natural Heritage Feature (Provincially Significant Wetland). The PPS does not permit development or Site alteration in such locations unless it has been demonstrated that there will be no negative impacts on these features. The Nottawasaga Valley Conservation Authority has expertise on matters related to information and guidance in such matters. The lands are located within an NVCA regulated area and it is anticipated that the NVCA will be commenting on this application, but those comments have not been received as of the preparation of this report. Planning Staff is not in a position to provide a recommendation for either approval or denial of this application in the absence of the NVCA comments or qualified information addressing impacts on natural heritage and hydrologic features. Therefore, the application should be deferred until such time as comments are received and can be considered. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed is consistent with the Rural Areas policies in the Growth Plan 2019 as the lands subject to this application are already within an established residential lot. Development Services November 4, 2020 Report No. DS2020-148 Page 2of 11 Page 98 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... With respect to 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. However, this policy is relevant due to the proximity of the lands being adjacent to a Provincially Significant Wetland, a Significant Woodland and watercourse that are identified on existing Township, County and or NVCA mapping. 4.2.3 Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features expansions to existing buiwhich bring the use more into conformity with this Plan, subject to demonstration that the use does not expand into the key natural heritage feature to the Planning Staff also notes that proposed addition to the existing dwelling and pool would meet these requirements since the works would be within a portion of the lands that has long been cleared and that functions as part of the landscaped yard that surrounds the existing dwelling. At the same time, Section 4.2.4, Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is applicable to this application, due to the nature of the lands being adjacent to a key hydrologic feature (watercourse), and within 120m of a Provincially Significant Wetland. Under such circumstances, the Growth Plan requires the completion of a Natural Heritage Evaluation to determine if there are negative impacts on these features, identify mitigation measures if needed and identify a vegetation protection zone of natural, self-sustaining vegetation and of sufficient width to protect the wetland and watercourse from any impacts of the proposed development. and additions to an existing dwelling) is small-scale, is limited to those areas of the property that have already long been cleared and used as part of the yard surround the dwelling, and that there would be no direct intrusion into the woodland or wetland as a result as a result of this application. However, Section 4.2.4 (Lands Adjacent to Key Hydrologic Feature and Key Natural Heritage Features) affords no flexibility from its requirement for a Natural Heritage Evaluation. Since the entire property is regulated by the Nottawasaga Valley Conservation Authority (NVCA); the application was circulated to the NVCA for review and comment. At the time of writing of this report, comments have yet to be received by Township staff. Comments from the NVCA, once received, may assist the applicant, Planning Staff and the Committee in having a better understanding of the natural heritage and hydrologic considerations from the qualified perspective of NVCA Staff, before making a decision with respect to how the application should proceed. In the absence of NVCA comments and a Natural Heritage Evaluation, Planning Staff is at this time unable to determine if this application conforms to A Place to Grow, 2020. County Official Plan Development Services November 4, 2020 Report No. DS2020-148 Page 3of 11 Page 99 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... 2016). Permitted uses in the Greenlands designation include agricultural uses; agriculture-related uses; on-farm diversified uses; forestry uses; mineral aggregate operations; outdoor passive recreational uses; and residential dwelling units that demonstrate that the lands are not within a prime agricultural area. According to Section 3.8.16, legally existing uses within the Greenlands system will be recognized and can continue. The proposed development is a continuation of the existing use. to the The subject lands are designated Agriculture and Environmental Protection One and Environmental Protection Two in the The proposed development and the existing developed portion of the property are located entirely within the Environmental Protection Two designation, and located at the interface between the Agriculture and Environmental Protection One designations. It is Planning that the Agricultural designation policies should be applied, based on Section E1.9 (Interpretation of Land Use Designation Boundaries) and Section B2.2 (Environmental Protection One). tal Protection One designation was intended to capture the wetland located immediately north and west of the existing developed portion of the lands. Therefore, pursuant to the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings and by extension, additions to such uses and accessory uses (such as the proposed swimming pool). However, since the proposed development would also be located on the adjacent lands to the Environmental Protection One designation and within the Environmental Protection Two designation, Section B2 of the Official Plan triggers the requirement for an Environmental Impact Study (Natural Heritage Evaluation) for most development. There is a watercourse that runs through the middle of the property near the dwelling; therefore, Section B5.1.2 (Rivers and Streams) is also applicable to this application. The intent of the Official Plan is to protect all rivers and streams from incompatible development and to minimize the impacts of such development on their function. In this regard, no development is permitted below the top of bank of any river or stream or within 30 metres of the top of bank. However, Section B5.1.2.4 does afford Council the ability to waive the requirement for an Environmental Impact Study (Natural Heritage Evaluation) for a minor addition to an existing building, provided agencies (i.e. NVCA) support the scale and location of the addition. Based on the above, Planning Staff is unable to fully assess the Official Plan conformity of this application until comments from the NVCA are received and consideration can be Development Services November 4, 2020 Report No. DS2020-148 Page 4of 11 Page 100 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... given to whether an Environmental Impact Study (Natural Heritage Evaluation) is to be required Growth Plan. Zoning By-law The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the -law 97-95. The EP Zone serves as a protective buffer around a watercourse that runs through the middle of the property. Zoning By-law limits the types of uses that are permitted in the Environmental Protection Zone in order to ensure that environmentally sensitive features are not negatively impacted by development and so that development does not put people and property at risk of natural hazards. The applicants are proposing to build two additions, a deck and in-ground pool within the required 30 metre setback from the EP Zone and are requesting a reduced setback of 3 metres from the EP Zone. Section 5.32 o-law prohibits buildings and structures within 30 metres (98.4 feet) of the top of bank of any watercourse to prevent flooding and erosion hazards. The applicant is requesting a setback of 14.0 metres (45.9 feet)from the watercourse that runs along the south side of the dwelling opinion, the potential for the proposed variance to have an impact on the surrounding natural features and the watercourse appears minimal, but a qualified opinion inthe form of NVCA comments would assist in validating this. Upon site visit, staff noted that the south portion of the proposed addition is an existing structure proposed to be modified and rebuilt. Therefore, the land is already disturbed in this area, however, the proposed deck around the addition does not currently exist. Based on the above, Planning Staff believes that more information is required, in the form of NVCA comments and potentially a Natural Heritage Evaluation, before this Variance. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services November 4, 2020 Report No. DS2020-148 Page 5of 11 Page 101 of 272 6.c) 5:50 p.m. DS2020-148, 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 economic activity that does not and attributes. For the reasons identified in this report, Planning Staff are at this time not yet able to determine if the application is consistent with the Strategic Plan. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: Township Development Engineering No objection. Township Building Division No comments. Township Infrastructure and Capital Projects No objections. NVCA no comments received at time of report writing, Council to have regard for any comments that are received. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 4: Official Plan Schedule A Schedule 5: Official Plan Schedule B Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-55 be deferred, pending receipt of comments from the Nottawasaga Valley Conservation Authority and potentially submission of a Natural Heritage Evaluation. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Development Services November 4, 2020 Report No. DS2020-148 Page 6of 11 Page 102 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Derek Witlib, Manager Planning Services October 28, 2020 Andria Leigh, Director Development Services October 28, 2020 Schedule 1: Location Map Development Services November 4, 2020 Report No. DS2020-148 Page 7of 11 Page 103 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services November 4, 2020 Report No. DS2020-148 Page 8of 11 Page 104 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Site Plan Development Services November 4, 2020 Report No. DS2020-148 Page 9of 11 Page 105 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Official Plan Schedule A Development Services November 4, 2020 Report No. DS2020-148 Page 10 of 11 Page 106 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Schedule 5: Official Plan Schedule B Development Services November 4, 2020 Report No. DS2020-148 Page 11 of 11 Page 107 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ October 20, 2020 4:09 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-55) Coppard Teresa Operations has no comment on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 108 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ October 21, 2020 1:30 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-55) Coppard The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 109 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ October 21, 2020 9:09 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-55) Coppard Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 110 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ /ğƩƌǤ ŷƚƒƦƭƚƓ ѡķƩĭğƩƌǤƷŷƚƒƦƭƚƓθŭƒğźƌ͵ĭƚƒѢ {ĻƓƷʹ bƚǝĻƒĬĻƩ ЌͲ ЋЉЋЉ ЊЉʹЋЏ ta ƚʹ tƌğƓƓźƓŭ ѡtƌğƓƓźƓŭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ ЏЏЍ \[źƓĻ Ћ bƚƩƷŷ aźƓƚƩ ǝğƩźğƓĭĻ ğƦƦƌźĭğƷźƚƓ Hello, I am writing to express my concern of the Minor variance application at 664 Line2 North foran addition to the existing buildingand inground pool. I am shocked to hear that the township is considering making significant adjustments to the zoning restrictions and environmental recommendations put in place for such circumstances. Furthermore, I find it hard to believe that the this application would make it past the NVCA. As a resident of the area, I am committed to living within the natural environment and doing so with minimal negative impact. Moreover, I would abide by local environmental requirements for any future construction or possible modifications to the use of the land. I would expect this of all residents and would hope that these regulations be equitably enforced by the township and other governing authority. Pleaseunderstand that I am not fully against development, only that I would expect it to be done responsibly and that it conform with local regulations. Thank you for the opportunity to comment on this application. I hope that an alternative plan is suggested and appropriate for moving forward. Sincerely, Carly Thompson & Andrew Clark 1820 Ski Trails Rd Page 111 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Page 112 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Page 113 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Page 114 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Page 115 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Page 116 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Page 117 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Page 118 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Page 119 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Page 120 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Page 121 of 272 6.c) 5:50 p.m. DS2020-148, Danielle Waters, Planner re: Minor Variance A... Page 122 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Report Report No. To: Prepared By: DS2020-143 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # November 4, 2020 Minor Variance Application _____________________ 2020-A-56 by Ken Sowman Roll #: R.M.S. File #: 1439 Penetanguishene Road 4346-010-001-05000 D13-58609 Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-143 be received and adopted. 2. That Minor Variance Application 2020-A-56 by Ken Sowman, specificallyfor permission to permit a detached accessory building (garage) with a maximum height of 5.1 metres (16.7 feet) and a maximum floor area of 138.3 sq. metres (1488.6 sq. ft.), on the lands municipally known as 1439 Penetanguishene Road, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-143. 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 be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the appropriate Zoning Certificate and Building Permit be obtained binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants decision under the Secretary- Development Services November 4, 2020 Report No. DS2020-143 Page 1of 9 Page 123 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Background: The subject property is located on the east side of Penetanguishene Road and south of Old Barrie Road. The lands support a single detached dwelling. Surrounding land uses consist of agricultural uses and scattered rural-residential uses along Penetanguishene Road. 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 detached accessory building (garage) and has requested relief from the following sections of Zoning By-law 97-95, as amended: Section 5.1.4 Maximum Height (Accessory Building) Required: Proposed: Maximum 4.5 metres (14.7 feet) 5.1 metres (16.7 feet) Section 5.1.6 Maximum Floor Area (Accessory Building) Required: Proposed: Maximum 70 sq. metres (753.5 sq. ft.) 138.3 sq. metres (1488.6 sq. ft.) and elevation drawings are included as Schedules 3 and 4. 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, 2020 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 Development Services November 4, 2020 Report No. DS2020-143 Page 2of 9 Page 124 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... 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 of Simcoe 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 (garage) conforms to the Co 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. 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? uses in this designation include single detached dwellings and, by extension, accessory buildings to such dwellings. Therefore, the proposed detached accessory building (garage) conforms to the Official Plan. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Rural Residential Two (RUR2) by ning By-law 97-95, as amended. Single detached dwellings and accessory buildings are permitted uses in the RUR2 Zone. The applicant is seeking relief from the Zoning By-law to allow: 1. An increase in height to 5.1 metres (16.7 feet), whereas the Zoning By-law currently permits a maximum height of 4.5 metres (14.7 feet); and Development Services November 4, 2020 Report No. DS2020-143 Page 3of 9 Page 125 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... 2. An increase in the floor area of a detached accessory building 138.3 sq. metres (1488.6 sq. ft.), whereas the Zoning By-law currently permits a maximum floor area of 70 sq. m. (753.5 sq. ft.). The general intent of the Zoning By-law with respect to restricting the height and floor area of accessory buildings is to ensure that an accessory building will be secondary and subordinate, both in its appearance and its function, to the primary residential use of the property. If this variance application is approved, the accessory building would remain a one-storey structure thatkeeping with the character of the existing one-storey dwelling on the lands. Despite the proposed increase in floor area to 138.3 sq. metres (1488.6 sq. ft.), the accessory building would still possess a lesser floor area than the existing approximately 167 square metre (1,800 sq. ft.) dwelling located on the lands. These considerations, combined with the accessory building being proposed to be positioned no closer to the front lot line than the existing dwelling, would ensure that the accessory building will not appear to be the dominant structure on the property and the lands and the use of the property will maintain its residential character. Planning Staff is therefore of the opinion that the variances meet the general intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? As stated above, Planning Staff does not expect the accessory building, which would be similar in height but slightly smaller in footprint than the existing one-storey dwelling, to negatively affect the current residential appearance and use of the property. The proposed accessory building will not interfere with functional matters on the lot, such as parking, access, the septic system or rear yard amenity space. Based on the above, Planning Staff are satisfied that the proposed development wouldbe 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. It is he proposed accessory building, once constructed, would , which includes agricultural buildings of various sizes, and that the use and enjoyment of surrounding properties will not be negatively impacted. Therefore, in Planning Staff is of the opinion the requested variance is minor in nature. Development Services November 4, 2020 Report No. DS2020-143 Page 4of 9 Page 126 of 272 6.d) 6:00 p.m. DS2020-143, 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, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote features and attributes. Staff are of the opinion that the proposed development is consistent with the Strategic Plan. 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: Engineered Lot Grading Plan not required. All drainage in the vicinity of the building shall be in accordance with the Ontario Building Code. If additional driveway area is added, drainage shall be such as to not impact the existing buildings. Township Building Division: No comments. Township Operations Division: No comments. Attachments: Schedule 1: Location Map Development Services November 4, 2020 Report No. DS2020-143 Page 5of 9 Page 127 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo Schedule 3: Applicant Schedule 4: Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-56 to permit a detached accessory building (garage) with a maximum height of 5.1 metres (16.7 feet) and a maximum floor area of 138.3 sq. metres (1488.6 sq. ft.), be approved, on the basis that the application is consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, the Township of Oro-Medonte Official Plan, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approval: Date Andria Leigh, Director, Development Services October 27, 2020 Schedule 1: Location Map Development Services November 4, 2020 Report No. DS2020-143 Page 6of 9 Page 128 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo Development Services November 4, 2020 Report No. DS2020-143 Page 7of 9 Page 129 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicants Site Plan Development Services November 4, 2020 Report No. DS2020-143 Page 8of 9 Page 130 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Development Services November 4, 2020 Report No. DS2020-143 Page 9of 9 Page 131 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ October 20, 2020 4:11 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-56) Sowman Teresa Operations has no comment on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 132 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ October 21, 2020 1:28 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-56) Sowman Then Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 133 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ October 21, 2020 9:18 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-56) Sowman Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall not be required as the Lot is larger than ½ acre and the distance to property lines exceeds the 3.0 m setback from property lines. It should be noted that all drainage in the vicinity of the building shall be in accordance with the OBC and if additional driveway area is added, drainage shall be such as to not impact the existing buildings. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 134 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Page 135 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Page 136 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Page 137 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Page 138 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Page 139 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Page 140 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Page 141 of 272 6.d) 6:00 p.m. DS2020-143, Derek Witlib, Manager, Planning Services re: ... Page 142 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Report Report No. To: Prepared By: DS2020-145 Development Services Catherine McLean Committee Planner Meeting Date: Subject: Motion # November 4, 2020 Minor Variance Application _____________________ 2020-A-57 Roll #: R.M.S. File #: Catherine Sarantopoulos & 4346-030-012-46600 D13 _____ Dino Manoukas 115 Moon Point Drive Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-145 be received and adopted. 2. That Minor Variance Application 2020-A-57 by Catherine Sarantopoulos and Dino Manoukas, specifically for permission to build a detached accessory building with a reduced setback of 2.4 metres (7.8 feet) from the front lot line, a reduced setback of 1.0 metre (3.2 feet) from the interior side lot line and an increased height of 5.3 metres (17.3 feet), on lands municipally known as 115 Moon Point Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2020-145. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 (a), Section 5.1.4 and Section 7.2, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is located no closer than 2.4 metres from the front lot line and no closer than 1.0 metre from the interior side lot line; 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. decision under the Secretary- Development Services November 4, 2020 Report No. DS2020-145 Page 1of 11 Page 143 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Background: The subject property has a lot area of 0.18 hectares (0.45 acres) and contains the foundation of a single detached dwelling currently under construction and three detached accessory buildings. Planning Staff have been informed that the shed near the front lot line will be removed upon completion of the new garage. The applicants have also submitted a demolition permit for the existing garage, which they are proposing to replace with a larger one storey garage. The applicants 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) 2.4 metres (7.8 feet) Section 5.1.4 Maximum height Required: Proposed: 4.5 metres (14.7 feet) 5.3 metres (17.3 feet) Section 7.2 (Exception 2) Interior side yard setback Required: Proposed: 1.5 metres (4.9 feet) 1.0 metre (3.2 feet) The applicants site 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 (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage, Section 2.2 Water and Section 3.1 Natural Hazards are applicable to this application. The application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. Planning Staff is of the opinion that this application is consistent with the Natural Heritage, Water, and Natural Hazards policies of the PPS, as the proposed development will not affect any natural features or functions. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building is consistent with the Rural Development Services November 4, 2020 Report No. DS2020-145 Page 2of 11 Page 144 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45- permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical nion that the proposed development is consistent with the LSPP as the proposed detached accessory building will be located further from Lake Simcoe than the existing dwelling and it is not anticipated to have any adverse impact on the Lake Simcoe shoreline. The location of the proposed development is not regulated by the Lake Simcoe Region Conservation Authority (LSRCA); however, since portions of the property are regulated, the application has been circulated to the LSRCA. 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. County Official Plan The property is designated Rural . The Rural Designation permits limited residential development. proposed detached accessory building is accessory to the permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) Development Services November 4, 2020 Report No. DS2020-145 Page 3of 11 Page 145 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... 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 of the Shoreline Designation is: To maintain the existing character of this predominantly residential area; To protect the natural features of the shoreline area and the immediate shoreline; and, To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings and by extension accessory uses, such as detached garages. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build a detached accessory building, which is accessory to a permitted residential use in the Shoreline Designation and is not anticipated to conflict with the Official natural features of the shoreline area. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential Exception Two (SR*2) in the -law 97-95. Exception 2 permits an interior side yard setback of 1.5 metres (4.9 feet). -law, a detached accessory building is permitted pursuant to Section 5.1. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of a detached accessory building in the SR Zone with a reduced front yard setback, reduced interior side yard setback and increased maximum height. Properties that abut Lake Simcoe are permitted to have a detached accessory building in the front yard provided that it is set back a minimum distance of 7.5 metres (24.6 feet) from the front lot line. The Zoning By- setback of 7.5 metres serves to achieve relatively large landscaped front yards which contribute to the low-density residential character of the area, as well as to ensure there is adequate space in which to provide off-street parking spaces on private property in front of dwellings and garages. The applicants are proposing a front yard setback of 2.4 metres (7.8 feet). The garage doors face towards the middle of the property; therefore, inion, the proposed 2.4 metre (7.8 feet) setback will provide adequate space for snow clearing. Additionally, the Operations Department indicated that they have no concerns with the application. The applicants have also requested a reduced interior side yard setback from 1.5 metres (4.9 feet) (Exception Two) to 1.0 metres (3.2 feet). The primary purpose of the interior side yard setback is to provide access and maintenance around buildings and Development Services November 4, 2020 Report No. DS2020-145 Page 4of 11 Page 146 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... structures, and to provide spatial separation between neighboring buildings and structures. The applicant is proposing an interior side yard of 1.0 metres (3.2 feet) around the garage as it maintains spatial separation between the subject lands and the neighbouring property. The owners will still have access to the backyard between the garage and the dwelling, should they need to bring in any large machinery to the rear of the dwelling. Prior to issuance of a building permit, the owner will be required to prepare an engineered lot grading plan, subject to municipal approval. The plan will ensure that water drainage resulting from the proposed detached accessory buildingwill be mitigated on the subject lands and will not impact the neighbouring lots. Detached accessory buildings are subject to maximum size restrictions to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. Detached accessory buildings are permitted to be located in the front yard on lots that abut Lake Simcoe. The applicants are proposing to build a one storey detached accessory building with a floor area of 66.9 square metres (720.0 square feet). The height of a detached accessory building is measured from average grade to mid-roof. The applicants have requested an increase in height from 4.5 metres (14.8 feet) to 5.3 metres (17.4 feet). Since detached accessory buildings can be located in the front yard on lots that abut Lake Simcoe, often these structures appear as the dominant structure on the lot when viewed from the street. In e in height will not change the fact that the garage will be the first structure that you see when approaching the lot. The proposed design of the structure would maintain the appearance of a building accessory to a residential use and the lands would continue to retain a residential character that is in keeping with the SR Zone in which garages are permitted to be located in front yards. On this basis, it detached accessory building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established shoreline neighbourhood. Upon site visit, Planning Staff also noted that there are other properties along this section of Moon Point Drive that have obtained variances for a detached accessory building with a reduced interior side yard setback, reduced front yard setback and/or increased height. Specifically, the owners at 145 Moon Point Drive obtained a variance for a reduced front yard setback of 2.0 metres (6.6 feet) and an increased height of 5.7 metres (18.7 feet) for their detached accessory building (Minor Variance 2019-A-59). Furthermore, the next door neighbour at 119 Moon Point Drive obtained a variance for a reduced front yard setback of 1.0 metre (3.2 feet) and a reduced interior side yard setback of 1.0 metre (3.2 feet) for their detached accessory building (Minor Variance 2020-A-24). Their accessory building is located adjacent to the location of the proposed garage; therefore, reducing the impact of the proposed development on the neighbouring property owner. Development Services November 4, 2020 Report No. DS2020-145 Page 5of 11 Page 147 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... For these reasons, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In variances are minor in nature as the proposed garage is not anticipated to have any adverse impacts on the neighbouring properties and it will not detract from the shoreline 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, 2020 Lake Simcoe Protection Plan County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: ic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. Staff are of the opinion that the proposed development will not negatively impact the Development Services November 4, 2020 Report No. DS2020-145 Page 6of 11 Page 148 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: Township Development Engineering No objection. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Township Operations No comments. Township Building Division Applicant to be aware of maximum exposed opening, construction of exposed building face and limiting distance requirements. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 4: Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-57 be approved, specifically, to permit a detached accessory building with a reduced setback of 2.4 metres (7.8 feet) from the front lot line, a reduced setback of 1.0 metre (3.2 feet) from the interior side lot line and an increase height of 5.3 metres (17.3 feet) on the basis that the application meets the four tests of the Planning Act and conforms and is consistent with applicable Provincial, County and Township land use policies. Respectfully submitted: Catherine McLean, Planner Approvals: Date: Derek Witlib, Manager Planning Services October 28, 2020 Andria Leigh, Director Development Services October 28, 2020 Development Services November 4, 2020 Report No. DS2020-145 Page 7of 11 Page 149 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Schedule 1: Location Map Development Services November 4, 2020 Report No. DS2020-145 Page 8of 11 Page 150 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Schedule 2: Aerial Photo Development Services November 4, 2020 Report No. DS2020-145 Page 9of 11 Page 151 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Schedule 3: Site Plan Development Services November 4, 2020 Report No. DS2020-145 Page 10 of 11 Page 152 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Schedule 4: Elevation Drawings Development Services November 4, 2020 Report No. DS2020-145 Page 11 of 11 Page 153 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ October 20, 2020 4:14 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-57) Manoukas Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 154 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ October 21, 2020 1:27 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-57) Manoukas Building Division comments are as follows; 1. Applicant to be aware of maximum exposed openings, construction of exposed building face and limiting distance requirements. Thank you Garry McCartney Chief Building Official Township of Oro-Medonte Page 155 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ October 21, 2020 9:53 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-57) Manoukas Teresa Development Engineering has No Objection to the above noted Application. Note: An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 156 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ October 28, 2020 File No: 2020-A-57 IMS File No.: VA-190074-102820 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 115 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 setbacks and a height of 4.5 metres. 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 157 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Page 2 of 3 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The proposed new garage is not within the shoreline hazard lands and is therefore 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 Page 158 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Page 3 of 3 proposed works appear to be located outside of the regulated area. The works will therefore 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. The proposed garage will not require a permit from LSRCA. 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 Planner 1 Page 159 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Page 160 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Page 161 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Page 162 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Page 163 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Page 164 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Page 165 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Page 166 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Page 167 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Page 168 of 272 6.e) 6:10 p.m. DS2020-145, Catherine McLean, Planner re: Minor Variance ... Page 169 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Report Report No. To: Prepared By: DS2020-139 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: Subject: Motion # November 4, 2020 Minor Variance Application _____________________ 2020-A-59 (Matsievski) Roll #: R.M.S. File #: 15 Shewchenko Road (Oro) 4346-010-011-17200 D13- Recommendation(s): Requires Action For Information Only X 1. That Report No. DS2020-139 be received and adopted. 2. That Minor Variance Application 2020-A-59 by Oleg and Inna Matsievski, specifically to permit a setback of 12 metres (39.3 feet) from a water course for a detached dwelling unit for a property located at 15 Shewchenko Road be approved subject to the conditions as outlined in Report DS2020-139. The conditions are as follows: a) That notwithstanding Section 5.32, the proposed dwelling unit 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 Lake Simcoe Conservation Authority; and d) That the appropriate Zoning Certificate, Engineering Lot Grading Approval, and Building Permit decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. sion under the Secretary- signature. Development Services November 4, 2020 Report No. DS2020-139 Page 1of 9 Page 170 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Background The subject lands are located on the south side of Shewchenko Road, westof Sokil Boulevard (refer to Schedules 1 and 2) in the Hawkestone Settlement Area. Surrounding land uses consist of residential dwellings. The applicants are proposing to demolish the existing dwelling and build a new detached dwelling unit and are requesting relief from the following section of Zoning By- law 97-95, as amended: Section 5.32 Setback from Water Course Permitted: Proposed: 30.0 metres (98.4 feet) 12.0 metres (39.3 feet) site plan drawing is included as Schedule 3 to this report. Analysis: Provincial Policy Statement 2020 The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure (Section 1.1 with respect to Settlement Areas). Also relevant to this application are Section 2.1 (Natural Heritage) and Section 3.1 (Natural Hazards). these sections of the PPS, for reasons detailed later in this report. Planning Staff is of the opinion that this application is consistent with the PPS as the proposed residential development is permitted and encouraged in Rural Settlement lot, a change in land use, or the construction of buildings and structures requiring character of an area, and would be developing a lot which already has a detached dwelling that is proposed to be replaced and is also permitted to have a single detached dwelling. Growth Plan for the Greater Golden Horseshoe 2020 The subject application has been reviewed by planning staff with respect to the Places to Grow policies. Section 2.2.1 employment growth will be accommodated by Development Services November 4, 2020 Report No. DS2020-139 Page 2of 9 Page 171 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... a) directing a significant portion of new growth to the built-up areas of the community Also relevant to this application is Section 4.2.4 (Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features), since the watercourse meets the Growth Feature. For reasons detailed later in this report, Planning Staff finds this application to conform to this Section of the Growth Plan. Since the proposed variance pertains to a development of a residential dwelling on a lot within a settlement area (Hawkestone), the proposed development is considered to Plan. County of Simcoe Official Plan Hawkestone is identified as a ipal official plans and are considered to be thSettlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. The wide range of land uses provides an opportunity for people to live, work, shop and find recreation in one compact community. It is the opinion of Development Services Staff that this application conforms to the as of the preparation of this report, it is recommended that the Committee have regard Lake Simcoe Protection Plan (LSPP) The subject land is regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated this application and reviews applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has not provided comments prior to the preparation of this report. Committee should have regard to any comments received from the LSRCA. Does the variance conform to the general intent of the Official Plan? The intent of the Official Plan for Hawkestone (Section C3.3.2.3) is to develop in a manner that is consistent with the development pattern of a traditional small-town in Ontario. The pattern is based on a grid pattern of roads and a main street containing a variety of mixeduses that service both the local population and the general area. Development Services November 4, 2020 Report No. DS2020-139 Page 3of 9 Page 172 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Also relevant to this application is Section B5.1.2 (Rivers and Streams) which pertains to development within 30 metres of the top of bank of a river or stream. For reasons detailed later in this report, Planning Staff finds this application conforms to Section B5.1.2. The proposed variance relating to a new detached dwelling conforms to the detached dwelling is a permitted use within the Rural Settlement Area designation. Does the variance conform to the general intent of the Zoning By-law, and is the variance appropriate for the desirable development of the lot? -law 97-95, as amended. The proposed development of a new detached dwelling is permitted pursuant to Table A1 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 reduced setback from a water course which is located between the paved road of Shewchenko Road and the front lot line of the subject property. The new single detached dwelling is wholly within the R1 Zone standards of the property however lies within the required 30 metre setback of the water course. The general intent of the Zoning By-law in requiring the minimum setback of 30 metres setback from a water course is to ensure that development maintains an adequate distance from potentially sensitive natural features, as well as to protect development from flooding and erosion hazards. The applicant is seeking a reduced setback to 12.0 metres (39.3 feet) from 30.0 metres (98.4 feet). The watercourse in question has been channelized and straightened and also functions as a roadside ditch. While most roadside ditches are not considered watercourses, this particular ditch has been validated by Township Development Engineering Staff and by LSRCA staff as a watercourse due to its active water flow and its function as a drainage route to Lake Simcoe with an upstream catchment area that encompasses more than just the local subdivision street network. The watercourse runs parallel to the south side of Shewchenko Road within a residential plan of subdivision that has existed since 1964. The south side of Shewchenko Road is fully developed with single detached dwellings. The subject lands currently has a dwelling which the applicants are looking at replacing with a new dwelling. All of the existing dwellings along the south side of Shewchenko Road are located at less than 30 metres from the watercourse, and would be similarly positioned. Based on the above, the development adjacent to the watercourse has been well- established, has existed in this manner with no known concerns or impacts associated with the watercourse, and in replacement dwelling will not create any new impacts or concerns. For this reason, Planning Staff is satisfied that the application meets the purpose and intent of the Zoning By-law. Development Services November 4, 2020 Report No. DS2020-139 Page 4of 9 Page 173 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... In regard to the policies of the Provincial Policy Statement, the Growth Plan and s are intended to address circumstances where proposed development has the potential to negatively impact a watercourse or where a watercourse might pose a flooding or erosion hazard to a proposed development. In the case of this application, it is Planning through the longstanding existing development in the area and that there would be nothing materially gained by requiring the applicant to produce a Natural Heritage Evaluation or Hazard Risk Study in support of this application. opinion such studies would not assist in furthering or achieving the planning objectives of the PPS, the Growth Plan and the Official Plan. opinion that the existing development context already demonstrates that the planning objective of the PPS, the Growth Plan and the Official Plan are already met. Therefore, Planning Staff finds this application to be consistent and in conformity with these policies. report, Planning Staff is confident that the available information is adequate to makea recommendation to the Committee as this time. Therefore, as mentioned, Planning Staff is of the opinion that the variance conforms to the general intent of the Zoning By-law and is appropriate for the desirable development of the lot. Is the variance minor? As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area or on the water course, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend the Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement 2020 Growth Plan for the Greater Golden Horseshoe, 2020 Lake Simcoe Protection Plan Township of Oro-Medonte Official Plan Development Services November 4, 2020 Report No. DS2020-139 Page 5of 9 Page 174 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Township of Oro-Medonte Zoning By-law No. 97-95, as amended County of Simcoe Official Plan Corporate Strategic Goals: are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote and attributes. Staff are of the opinion that if the subject minor variance is approved, that the change on the property will not negatively impact the Consultations: Notice of the application was circulated to internal departments, applicable agencies, and to assessed landowners within 60 metres (200 feet) of the subject lands. A notice sign was also posted on the lands. As of the preparation of this report the following comments have been received: Operations Division: No Objections Building Division: No Comments Development Engineering: No Objection. Note: An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3 Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-59 be approved specifically to permit a setback of 12.0 metres (39.3 feet) from a water course for a new dwelling for the property located at 15 Shewchenko Road, on the basis that the application is consistent with and conforms to Provincial policies and the County of Simcoe Official Plan and meets the four tests of the Planning Act. Respectfully submitted: Todd Weatherell RPP, CPT Intermediate Planner Development Services November 4, 2020 Report No. DS2020-139 Page 6of 9 Page 175 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Approval: Date Derek Witlib, Manager, Planning Services October 28, 2020 Andria Leigh, Director, Development Services October 28, 2020 Schedule 1 Location Map: Development Services November 4, 2020 Report No. DS2020-139 Page 7of 9 Page 176 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Schedule 2: Aerial Photo Development Services November 4, 2020 Report No. DS2020-139 Page 8of 9 Page 177 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Schedule 3 Development Services November 4, 2020 Report No. DS2020-139 Page 9of 9 Page 178 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ October 20, 2020 4:21 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-59) Matsievski Teresa Operations has no objections to this application. An entrance permit will be required. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 179 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ October 21, 2020 12:55 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-59) Matsievski Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 180 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ October 21, 2020 10:02 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting November 04, 2020 (2020-A-59) Matsievski Teresa Development Engineering has No Objection to the above noted Application. Note: An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 181 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Page 182 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ October 27, 2020 File No: 2020-A-59 IMS File No.: VA-159301-102720 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 15 Shewchenko Road Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of a new single family dwelling with a setback of 12 metres from the watercourse. 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 meanderbelt hazard of the adjacent watercourse (Simcoe Side Creek). The subject property is currently designated Hawkestone Residential Area in the Township of Oro- The subject property is currently zoned Residential One (R1) Zone. Page 183 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... 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 new dwelling is partially within the meanderbelt setback of the watercourse however it is not located within the hazard lands. 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 and the works Page 184 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Page 3 of 3 appear to be proposed in the regulated area as well. The works will therefore require a permit from LSRCA. It is noted the new dwelling is proposed to be located closer than 15 metres from the watercourse. Generally, LSRCA does not allow for new dwellings to be located closer than 15 metres to a watercourse however exceptions may be allowed due to lot size constraints in development areas such as this one. The proposed new septic bed is located within the meanderbelt setback. LSRCA does not permit septic systems to be located within meanderbelt lands and the septic bed may be required to be moved to a different location. 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. The proposed septic bed is located within the meanderbelt hazard lands and may be required to be moved. LSRCA is recommending deferral of the Application until such time that the Applicant can revise the plans for a new location of the septic bed. It is recommended that the Applicant contact LSRCA to discuss an alternative location. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Planner 1 Page 185 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ November 2, 2020 File No: 2020-A-59 IMS File No.: VA-159301-102720 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 15 Shewchenko Road Township of Oro-Medonte These comments serve as an addendum to comments released October 27, 2020. LSRCA recommended deferral of this Application in order to provide the Applicant time to revise the plans to re-locate the septic bed. Through discussions with LSRCA staff, it was determined that a permit was already received for the location of the septic bed. LSRCA therefore does not have any further issues with the proposal. 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. The Applicant will not be required to obtain a permit from LSRCA as no works or site alteration is proposed in the regulated area for this Application. 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 Variance application. Page 186 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Page 2 of 3 Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Planner 1 Page 187 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Page 188 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Page 189 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Page 190 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Page 191 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Page 192 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Page 193 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Page 194 of 272 6.g) 6:30 p.m. DS2020-139, Todd Weatherell, Intermediate Planner re: Min... Page 195 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... Page 196 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... Page 197 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... Page 198 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... Projects) & Heritage GIS 2020 pplication Status, Planning, 1 17, Conc. 11 (Oro) October Attachment #1 s Legal DescriptionEast Half of Lot 544 &556 Line 11N Consultant law Amendment - 12 - . ZBA - inactive. Staff to send notice of inactive status to applicant for 01 & 2013 - or file closure OPA - Planning Department Activity Summary (Development A File Number(s)2013Owner InfoSCS Leasing/Shelswell Excavating & Grading Status & CommentsApplications to permit Heavy Equipment Training FacilityPublic meeting held Mar. 12/2014 Required ActionFile has been response Official Plan & Zoning By Page 199 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 2 to obtain zoning ant during the Vella Description Legal DescriptionPart Lot 21 & 22 Conc. 5ConsultantInnovative Planning Solutions DarrenLegal Part Lot 21, Conc. 10 (Oro)137 Line 9 SouthConsultant up with Applic - for consideration on hold public meeting issues and proceed back to but (Lindsay Fairty) designate land from Agricultural to Industrial - LPAT (Fairgreen Sod Ltd.) . 03 07 - - OPAZBA -- File Number(s)2009 Owner InfoRumball ExcavatingStatus & CommentsApplication to re Required ActionApplication at Official Plan Review process. File Number(s)2015 Owner Info2374357 Ont. Inc. Status & CommentsApplication to rezone lands to permit the sale of mulch, aggregates, seed etc. as secondary use to existing sod farm. Required ActionApplicant to addressDevelopment Services. Staff to followcompliance Page 200 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... thru and - Rd n the No. 40 3 Jamie Robinson OPA Penetanguishene Legal DescriptionPart Lot 4, Conc. 4 (Oro) ConsultantInnovative Planning Solutions Legal DescriptionPt Lot 40, Concession 1 E.P.R.3239 ConsultantMHBC Planning Current Draft Plan Approval extended until (Related 106) to allow applicant time to obtai servicing Agreement and has commenced - 05 - - ) ZBA 05 - - working with proponents and Township Solicitor to (DS2020 SPA 2017 - (Related Subdivision Owner seeking amended Draft Plan Approval. 01, 01) 01 - - continue - Draft Plan Approval. 2017 stormwater management related matters and finalize Conditions of an ZBASUBOPA --- pproved by County on June 26, 2018, came into effect July 19, 2018. Horseshoe Valley Lands Phase 4) File Number(s)20162016Owner InfoHorseshoe Valley Lands Ltd. (Status & CommentsOwner has entered in Preearthworks.Required ActionTownship resolveamended September 2021 amended approval for Phase 4.File Number(s)2017Site Pl Owner InfoCostellos of Craighurst Status & Commentsexpansion of mixed use commercial/residential building.a Required ActionSite Plan Approval application deemed incomplete. No recent action by applicant. Staff to send notice of inactive status to applicant for response. Page 201 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... Not Applicable law - and and issuance 4 LPAT Settlement Hearing Council made decision to not Lots 41 & 42, Conc. 1 Approval. Legal DescriptionPt3555 Penetanguishene RoadConsultantCeleste PhillipsLegal DescriptionTownship WideConsultant Public Meeting held on June 25, 2020. . were considered. law Amendments for Short Term Rentals - law - law Amendment Application. law approved at July 15, 2020 Council meeting. By - - Medonte - (related Subdivision 01) 02 16 law Amendment and Draft Plan Approval with conditions for 319 - --- Zoning By present LPAT hearing representation report to Council for direction. ZBASUBZBA073 appealed to LPAT. ---- File Number(s)20182003Owner InfoCraighurst GP IncStatus & CommentsRevised held on October 15, 2019. LPAT decision issued October 30, 2019 to allow Zoning Byresidential lots. Required ActionApplicant to clear conditions of Draft Plan Hold (H) to be removed from zoning following plan registrationof substantial completion certificateFile Number(s)2018 Owner InfoTownship of OroStatus & CommentsOfficial Plan and Zoning Byassociated Licensing Byproceed with licensing at this time.Staff report and By2020Required ActionStaff to Page 202 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... Not Applicable Next . LPAT . 5 area to park to Development Services October 23, 2020 of Lot 3, Concession 10 and 3750 Line 10 N. appealed by applicant Legal DescriptionTownship Wide Consultant Legal DescriptionEast Part(Oro) ConsultantIPS effect; 3 LPAT appeals received. 46 permitting cannabis facilities on properties farm diversified use - - 14 - On n ZBA blic meeting held Nov. 13, 2019 and application denied law not in - - law 2020 Pu - By . Medonte - 01 & 2019 01 - - Case Management Conference (CMC) held ZBAOPA -- File Number(s)2019 Owner InfoTownship of OroStatus & CommentsCouncil passed Byzoned ED and IR. Required ActionLPAT CMC scheduled for February 11, 2020. No hearing date set. File Number(s)2019Owner InfoJohn Greenwood & Ashley Gardner Status & CommentsApplications to permit aexcavation trucksby Council on January 29, 2020. Decision Case Management Conference scheduled for December 9, 2020 Required ActionStaff to present LPAT hearing representation report Committee on November 4, 2020 for direction. Page 203 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 6 and development related Legal DescriptionParts of Lots 3 & 4, Con. 4 (Oro)ConsultantTBCLegal DescriptionPart of Lot 21, Con. 12 (Oro)ConsultantEcovue Consulting 061 passed June 3, 2020. - - Xiao) law 2020 - Files: 2019 01) - August 6, 2020. SUB - Related ( 02 18 - - . OPAZBA 21 & 2019 -983 Ontario Inc. (Charles - - ublic meeting heldpplicant to address any outstanding comments File Number(s)2019ZBA Owner Info2654 Status & CommentsP Required ActionAmattersFile Number(s)2019 Owner InfoHang Gao & Xu Han Status & CommentsApplication approved and ByRequired ActionApplicant to apply for and obtain Site Plan Approval. Page 204 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... . . (Oro) 7 and development matters Legal DescriptionCon 3 & 4, Pt Lot 5ConsultantInnovative Planning SolutionsLegal Description ConsultantTBC file - . 2019 01 - August 6, 2020. SUB - held (related subdivision (Related files: ) 2019 01 1921 law and revised subdivision conditions for Draft Plan Approval - --- Ontario Inc. (Charles Xiao) & ZBASUBZBA 02 --- - pplicant to address any outstanding comments File Number(s)20192013 Owner InfoEagles Rest Estates Status & CommentsZoning Byapproved on September 3, 2020Required ActionApplicant working toward satisfying conditions of subdivision approvalFile Number(s)2019OPA Owner Info2654983 Status & CommentsPublic meeting Required ActionA Page 205 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 20 on March 4, 187, Block 43 - 8 outh Part Lot adopted 3 S law Planning Solutions - Legal DescriptionConcession(1585 Highway 11) ConsultantGoodreid Planning GroupLegal DescriptionRegistered Plan 51M(Municipal number not assigned).ConsultantInnovative - 18) - law Amendment and associated By SPA- (Related File 2020 - 2205 -- ZBAZBA 08, 2015 -- - File Number(s)2019ZBA Owner InfoGordon Lavery Status & CommentsThe Zoning By2020.Required ActionHold (H) to be removed following Site Plan Approval. File Number(s)2020 Owner InfoUCCI Consolidated Inc. Status & CommentsPublic meeting held on June 3, 2020.Applicant has been advised that Official Plan Amendment is required.Required ActionApplicant to apply for Official Plan Amendment. Page 206 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... the 084) - 9 2020 . Once the Site law 18) - - SPA e (By - rezon (2015 to Legal DescriptionConcession 3 South Part Lot 20(1585 Highway 11) ConsultantGord Russell Legal Description1156 Ingram RoadConsultantMHBC - law is now in effect. - 18) - SPA (Related Files 2019 - 08 09 - - t to address Staff and Agency comments regarding revised Site ZBA ZBA 22, 2015 - - - File Number(s)2020ZBA Owner InfoGordon Lavery Status & CommentsApplication to remove Holding (H) provision. The applicant submitted revised plans for the Site Plan Application Plan Application is finalized, we can proceed with removing the holding provision. Required ActionApplicanPlan. File Number(s)2020 Owner InfoTim Breen Status & CommentsPublic meeting held September 2, 2020retained lands from the Agricultural/Rural (A/RU) Zone to the Economic Development (ED) Zone to permit an existing Saw/Planing Mill.No appeals received and By Required ActionFile Closed. Page 207 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 10 applicant to address any Subdivision in servicing Agreement are - Engineering . Description Legal PLAN 1230 W PT LOT 1ConsultantGoodreid PlanningLegal DescriptionEast Part of Lot 5, Conc. 13 (Medonte)ConsultantTatham completed , 2020. 07 - nc I ZBA - servicing works - September 7 s. nvestments 13I - 90082 & 2011 - ZBA - OM - ohnwood File Number(s)2020 Owner InfoJ Status & CommentsPublic meeting held Required ActionStaff to prepare recommendation report or advise outstanding matters/comments.File Number(s)43 Owner Info2063334 Ontario Inc. (Meadow Acres)Status & Comments71 residential lotPhase 1 Stage 2 Subdivision Agreement and Preregistered. Required ActionPhase 1 Stage 2 Premaintenance period. Plans of Subdivision Page 208 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... r and 089) - 1113) Subdivision - 11 expire on law 2020 year extension of - Phase 2E Subdivision plan registered fo - one servicing agreement for - val which Pre 1C June 2017 (51M - . ) Legal DescriptionPart Lot 2 & Lot 3, Concession 9 (Oro)ConsultantMHBC Planning LimitedLegal DescriptionPart of Lot 1 & 2, Conc. 4 (Medonte)ConsultantInnovative Planning Solutions 1181 - 1 Phase 1B 2 , Council granted a 20 20 1070), - . 20 , 2020 (51M Sept. 93002 - Subdivision Agreement and M Sept CDnditions of draft plan appro - . . 1 , 202 March 2020 B - 9103193002 & 43 -- OMOM -- aestone Development Corporation File Number(s)43 Owner InfoBrStatus & Comments230 residential lots. Approval Authority transferred from LPAT to Township on December 9, 2019. Phase 1A July 2015 (51MPhase 2APhase 2E and Georgian Grande Drive approved June 10, 2020.Agreement executed by Township August 12, 2020 (ByRequired ActionCurrent phases of subdivision in maintenance period.currently in registration process with Township solicitor.File Number(s)43 Owner InfoHorseshoe Valley Lands (Timber Ridge Condo)Status & Comments250 residential lotsdraft plan approval until Required ActionApplicant to fulfill coSeptember 2 Page 209 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 2 to address 2, 202 law Amendment - 12 March 36, Plan 91, Part of Lot 41 Celeste Phillips Legal DescriptionPart of Lot 1 & 2, Conc. 7 (Oro)ConsultantMitchinson Planning & DevelopmentLegal DescriptionLots 18 & 42, Conc. 1 (Medonte)3555 Penetanguishene RoadConsultant , County and landowners Draft Plan Approval. LPAT Settlement Hearing held on October 15, 2019. Draft Plan Approval extended until working with applicant (Related Zoning Horseshoe Valley Road intersection. 01 02) - - 93022 - SUBZBA to continue -- residential lots. OM - File Number(s)43 Owner Info1452711 Ontario Limited (Forest Heights Estates)Status & Comments80 residential lots. Required ActionStaff Line 6 North File Number(s)20032018Owner InfoCraighurst GP IncStatus & Comments319LPAT decision issued October 30, 2019 to allow Zoning Byand Draft Plan Approval with conditions for a 319 residential lot subdivision. Required ActionApplicant to clear conditions of Page 210 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 13 plan registered April, 2015 - Legal DescriptionPart Lot 15, Conc. 9 (Medonte)ConsultantJones Consulting Group Ltd.Legal DescriptionPart Lot 4, Conc. 4 (Oro)Consultant 01 - ZBA - going with subdivision agreement. Subdivision Agreement and MApplicant considering alternate designs and servicing - 0201 & 2006 -- 1047) SUBSUB - -- File Number(s)2004 Owner Info Status & Comments13 residential lots. (51M Required ActionBuilding permits onFile Number(s)2006 Owner InfoKellwatt Ltd. & Fred Grant Square Ltd.Status & Comments97 residential lots. issues. Application on hold.Required ActionAwaiting completion and implementation of Horseshoe Craighurst Corridor Master Servicing Plan Page 211 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 14 1094), Certificate of -holding provision 1119 on July 28, 2017. - in Fall 2021 with subdivision agreement. Legal DescriptionWest Part of Lot 11, Conc. 5 (Oro)ConsultantInnovative Planning SolutionsLegal DescriptionPart of Lot 5, Conc. 14ConsultantMorgan Planning & Development Inc. 10 - in accordance ZBA On going engineering inspections, as required, pending - Subdivision registered as 51MSubdivision registered June 2016 (M . 2011 & 02 02 -- SUBSUB awaiting request from developer for final acceptance and assumption -- File Number(s)2006 Owner Info1802281 Ontario Ltd. (Whispering Creek Estates)Status & Comments14 residential lotsTownship staff inspection in September 2018 for consideration of issuance of Certificate of Final Acceptance and Assumption Required ActionStaff and release of Subdivision securities.File Number(s)2011 Owner InfoSouth Shore Isabella Estates Inc. (Owen Estates)Status & Comments29 residential lots. substantial completion (underground services) issued & removed Sept 2016.final acceptance of the subdivision works. Required ActionBuilding permits on going Page 212 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 4 . 15 art of Lot 4, Conc P subdivision agreement. Description Copeland Phase One and condo . Engineering inspections Legal Part of Lot 1, Concession 4 (Oro) ConsultantMHBC Planning LimitedLegal DescriptionPart of North Half and South Half of Lot 3 and (Oro)ConsultantInnovative Planning Solutions 1035 - in accordance with Related Site Plan ( egistered as Plan 51M 0301 Horseshoe Ridge 24) -- - Comments SUBSPASUB --- File Number(s)20112011Owner InfoSkyline Horseshoe Valley Inc. (Copeland House)Status & CommentsSite plan and building permit approved for registered in Jan 2017 Condo No. 421Site Plan Agreement for Copeland Phase Two has been forwarded to the owner for execution.Required ActionOwner to execute Site Plan Agreement and submit securities.File Number(s)2012(formerly Landscape Dr. Phase 3) Owner InfoHorseshoe Valley Lands Ltd.Status & Subdivision rcompleted as required in accordance with the subdivision agreement towards final acceptance and assumption.Required ActionBuilding permits processed Page 213 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... until to 3 & Part of 3, Part of . 106 lot . held on for 3 16 Conditions 4 (Oro) . and redline revision Draft Plan Public meeting Draft Plan approved Sept 2016 Legal DescriptionPart of Lot 24, Con. 8 (Oro)ConsultantInnovative Planning SolutionsLegal DescriptionEast Half of Lot 5, ConcWest half of Lot 5, ConcLot 5, ConcConsultantInnovative Planning Solutions 133 in effect. - Amended law amendment - by Council until February 202 law and law 2016 - - 1401 -- oning by Z ZBAZBA . -- ning By to 207 units submitted and Zoning By . Zo residential subdivision. 03 & 201201 & 2013 -- SUBSUB -- File Number(s)2012 Owner Info1160895 Ontario Limited(Oro Station)Status & CommentsProposed 18 lotSeptember 2019 Required ActionDeveloper to clear Conditions of Draft Plan Approval by March 7, 2021.File Number(s)2013 Owner InfoEagles Rest DevelopmentStatus & CommentsDraft Plan Extension granted residential subdivisionincreasing density January 8, 2020.approved on September 3, 2020.Required ActionApplicant working toward satisfying conditions of subdivision approval. Page 214 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... - Public as required 17 servicing Agreement - Pre . oncession 4, Part of Lot 4 Subdivision registered as Plan 51M Legal DescriptionCConsultantInnovative Planning Solutions Legal DescriptionConcession 14, Part of the West Half of Lot 6 (Medonte) ConsultantMorgan Planning & Development Inc. for Phase 4 Draft Plan Approval extended until September Owner has entered in in accordance with subdivision agreement. Current ongoing 106) to allow applicant time to obtain the amended approval - (Related Zoning File ) 0102 01 -- - held June 1, 2016. SUBZBASUB --- File Number(s)20162016Owner InfoHorseshoe Valley Lands Ltd. (Horseshoe Valley Lands Phase 4)Status & CommentsProposed 25 single detached lots and 48 freehold townhouse units. meetingand has commenced earthworksRequired ActionTownship continue working with proponents and Township Solicitor to address stormwater management related matters and finalize Conditions of Draft Plan Approval.2021 (DS2020for Phase 4. File Number(s)2016Owner InfoSouth Shore Caden Estates Inc. Status & CommentsProposed 50 lot residential subdivision. 1184 on June 2, 2020. Engineering inspections to be completedin accordance with the subdivision agreement towards final acceptance and assumption. Required ActionBuilding permits Page 215 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... comments. and 18 Concession 11 matters Legal DescriptionPart of Lot 16,ConsultantMitchinson PlanningLegal DescriptionParts of Lots 3 & 4, Con. 4 (Oro) ConsultantTBC development - Conditions of Draft Plan Approval by 2019 & clear 02 - OPA August 6, 2020. - Held 2 001 -- actively working to ) SUBSUB 21 -- - 8 pplicant to address any outstanding Related Files: 2019 File Number(s)201 Owner Info1157391 Ontario Ltd. Status & Comments10 single detached residential lots. Draft Plan Approval granted September 4, 2019. Required ActionApplicant September 4, 2022.File Number(s)2019(ZBA Owner Info2654983 Ontario Inc. (Charles Xiao) Status & CommentsPublic meeting Required ActionA Page 216 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 19 Legal DescriptionPart of Lot 1, Conc. 3 High Vista DriveConsultantCounterpoint EngineeringLegal DescriptionPart of Lot 1, Concession 4 (Oro) ConsultantMHBC Planning 67 Res. units, 2 com. Units, 1 services owner for execution. o 1124 -- 67 Res. units, Phase 2 - SPASPA Site Plan Agreement for Copeland Phase Two has been forwarded to -- File Number(s)2005 Owner InfoCrescent Vale CorporationStatus & CommentsSite Plan Agreement forwarded tOld foundations removed.Required ActionOwner to execute Site Plan Agreement and submit securities.File Number(s)2011 Owner InfoSkyline Horseshoe Valley Inc. (Copeland House)Status & CommentsPhase 1Unit. the owner for execution. Required ActionOwner to execute Site Plan Agreement and submit securities. Site Plans Page 217 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... ) No , Oro Application 20 address stormwater management report. Legal DescriptionPart Lot 21, Conc. 8 (Oro), Highway 11ConsultantJones Consulting Group Ltd.Legal Description3982 Highway 11(South Part of Lot 20, Conc.11ConsultantPearson Engineering e to applicant for action. ed Revised submission drawings received and circulated for t new Site Plan Approval application to imited; Allan Goulding of Lake Simcoe Protection Plan and Ministry of Transportation. submi 13 16 -- for LSRCA Engineer to approv SPASPA -- Consultation Meeting held February 10, 2020 regarding updated - ile Number(s) F2012 Owner Info400 Bowling Lin TrustStatus & CommentsCommercial development, retail, drive thru, & gas bar with kiosk. circulated. Comments forward Preapplication. Required ActionApplicant to requirements File Number(s)2014 Owner InfoRV SuperstoreStatus & CommentsRV Campground. comments. Township approval obtained of report and drawings Required ActionWaiting recent action by applicant. Staff to send notice of inactive status to applicant for response. Page 218 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... recent No Eng. Consultant. 21 Township Highway 12 Legal Description165 Forest Plain Road (Lot 26, Plan 1720)ConsultantQuantum EngineeringLegal DescriptionPart of Lot 2, Conc. 18936 Consultant Application approved. . Application circulated. Comments forward to applicant 1803 -- applicant. Staff to send notice of inactive status to applicant for SPASPA -- File Number(s)2014 Owner Info3 Amigo Holdings/Garland HoldingsStatus & CommentsIndustrial work shop. for action. Required ActionApplicant to address comments from LSRCA and No recent action by applicant. Staff to send notice of inactive status to applicant for response.File Number(s)2015 Owner InfoKenneth & Michelle TudhopeStatus & CommentsRetail store and home occupation Required ActionStaff and applicant finalizing site plan agreement for registration.action by response. Page 219 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 22 18). Once the Site - SPA - Description Legal Description1585 Highway 11 (South Part Lot 20, Conc. 3) ConsultantGord RussellLegal 1525 Line 7 North (Part of Lot 11, Concession 8) ConsultantOwner - 08) - ZBA Related Files 2019 - 1814 -- SPASPA 22, 2020 -- - File Number(s)2015ZBA Owner InfoGordon Lavery Status & CommentsThe applicant submitted revised plans for the Site Plan Application which have been recirculated for comments. Required ActionApplication to remove Holding (H) provision. The applicant submitted revised plans for the Site Plan Application (2015Plan Application is finalized, we can proceed with removing the holding provision.File Number(s)2016 Owner InfoTry Recycling Status & CommentsApplication circulated for review and comments Required ActionApplicant advised of additional information to be submitted to the Township for a complete application submission to allow staff to proceed with application review. Page 220 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... outstanding Rd 23 Jamie Robinson reduced in November 029 on March 28, 2018 No recent action by - . were 51R768 Part 4 Part 26 Penetanguishene ies law 2018 Lot 40, Concession 1 E.P.R. - Legal Description4567 Line 12 North (Con 13 W Pt Lot 10 E Pt Lot9 RP ConsultantJosh Morgan Legal DescriptionPt 3239 ConsultantMHBC Planning ncomplete. - 01 - 2016 deemed i OPA - ning and Township inspection 2017 approved and in effect. (Related (Related Zo 05) - 0523 -- Rezoning ZBA - balance to be SPASPA and 03) --, - File Number(s)2017& 2017 Owner InfoCostellos of Craighurst Inc. Status & CommentsOPA Required ActionSite Plan Approval application applicant. Staff to send notice of inactive status to applicant for response.File Number(s)2017ZBA Owner InfoCahiague Farms Inc. Status & CommentsSite Plan Agreement approved through Byand registered April 16, 2018. Building Permit issued for Change of Use to Brewery.Required ActionStaff have completed two (2) inspections for site plan agreement compliance and security reduction. The Site Plan securit2019site works are completed Page 221 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... , Oro 24 Staff to complete consideration. Staff to complete . . File closed. , 2018 Legal DescriptionPt Lot 10 and D, Conc. 2367 Line 1 South ConsultantBarry MayLegal Description3000 Line 11 NorthConsultantCeleste Phillips Planning Inc. - 2017 registered on April 16 ement (Related Zoning 3233 -- SPASPA 15) -- stone Land Corp. Number(s) - e a ite Plan Agreement approved and signed April 3, 2018 and registered on File Number(s)2017 Owner InfoHeritage Hills Golf Club Ltd. Status & CommentsSApril 16, 2018. Required ActionSite Plan Agreinspections for site plan agreement compliance and security reduction.File 2017ZBAOwner InfoBrStatus & CommentsApplicant on May 19, 2019 submitted revised plan for Required ActionSite Plan registered on title October 2, 2019inspections for site plan agreement compliance and security reduction. Page 222 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... onstruction C 25 Concession 1 Mocra , . Legal DescriptionPart of Lot 15, 5295 Hwy 11 N.ConsultantCraig MorinLegal Description19 and 21 Pemberton Lane Consultant Site Plan Agreement approved and signed October 15, 2019 3403 -- SPASPA -- File Number(s)2017 Owner InfoLetichever Status & CommentsSite Plan application to permit the construction of two (2) computer server farm buildings.and registered on October 22, 2019.Required ActionNo Staff action required at this time.File Number(s)2018 Owner InfoSuzanne Caudry Status & CommentsSite Plan Approval granted May 27, 2019Site Plan Revision Approval granted March 17, 2020. Required ActionNo Staff action required at this time. Page 223 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 26 Conc. 3 2 Waiting for applicant to s 1 and Lot t ar Legal DescriptionPLine 3 NorthConsultantJosh MorganMorgan Planning & DevelopmentLegal DescriptionPart of Lot 21 Conc. 6172 Line 6 SouthConsultantBrian Goodreid scale agricultural related industrial use -- - 8 201 Zoning 2017 . inspections for Site Plan Agreement compliance and (Related (Related Zoning pproval to permit a small 0810 Inc. -- Comments A complete submission. ) a SPASPA 14)07 -- -- 8 File Number(s)201ZBA Owner InfoVetta Spa Status & CommentsSite Plan Agreement registered on October 2, 2019.Required ActionStaff to complete security reduction.File Number(s)2018ZBA Owner InfoJ. Kurtin Status & Site Plan on the subject lands Required ActionSite Plan Approval application deemed incomplete. make Page 224 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 27 . 35 Line 11 South 2054 Horseshoe Valley Road W Legal DescriptionLot 2 Plan 12302Consultant Legal Description ConsultantEagles Construction Site Plan Drawings approved. Site Plan completes and occupancy granted 1213 -- Marketing Corporation SPASPA -- File Number(s)2018 Owner InfoFreestarStatus & CommentsRepair Garage Expansion. Agreement sent to applicant for signing September 2018. Required ActionAwaiting applicant to submit signed agreements for execution by Township and registration.File Number(s)2018 Owner InfoBNR Craighurst Ltd. Status & CommentsSite Plan Approval granted April 1, 2019 and building permit issued. Building constriction Required ActionNo action required at this time.works are completed. Page 225 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 28 9110 Highway 127 Pemberton Lane Legal Description Consultant Legal Description ConsultantIan Malcolm 1415 -- Corporation reduction. SPASPA -- File Number(s)2018 Owner InfoPratham Status & CommentsSite Plan Agreement registered on February 7, 2020. Building permits ongoing in accordance with Site Plan Agreement.Required ActionStaff to complete inspections for Site Plan Agreement compliance and security File Number(s)2018 Owner InfoM. Lipson Status & CommentsSire Plan Agreement forwarded to owner for execution. Required ActionOwner to sign Site Plan Agreement and provide securities. Company name was incorrect, sent to be signed for a second time. Page 226 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... to address their 29 Legal DescriptionPt Lot 20 Conc. 72912 Highway 11 ConsultantMara Engineering ServicesLegal DescriptionPt Lot 1 Conc. 5Line 4 North ConsultantJones Consulting Group Inc. 13) - Official Plan ZBA - law Amendments waiting on reports to be approved by LSRCA - (related 01, 2018 1719 - -- SPASPAOPA --- Number(s) File Number(s)2018 Owner Info2537632 Ontario Inc. Status & CommentsApplication for 4800 sq.m. greenhouse received end of September. Required ActionTownship staff January 8, 2019 correspondence. File 2018and Zoning By2018 Owner Info1911745 Ontario LimitedStatus & CommentsProposed commercial plaza. Site Plan drawings approved. Applicant is investigating the possibility of obtaining MECP sewage system approval. Required ActionNo Staff action required at this time. Page 227 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... (14 Winstar 22 RP 30 17 & 28 Engineering Legal DescriptionConcession 3, South Part Lot 20, RP 51R17111 Parts 1 & 2; & RP 51R30585, Part 274 Line 3 N.ConsultantPearson Engineering Legal DescriptionCON 5 PT Lot 21 PT Lot51R19930 PartsRoad)ConsultantPearson approved January 29, 2020. 0407 -- Agreement Application submitted. Revised plans submitted SPASPA -- File Number(s)2019Owner InfoJodie Financial LTD.Status & CommentsMinor Variance Required ActionSite Plan September 8, 2020 and Township waiting for signed agreement and securities.File Number(s)2019 Owner InfoJodie Financial Ltd. Status & CommentsThe applicants have decided to change their plans. Required ActionPlanning Staff are waiting for the revised plans which will be recirculated. Page 228 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... , sign Site Plan 31 McIntyre Design Legal DescriptionParts of Lots 24 & 25,Con. 7 (Oro) Consultant Legal Description165 Line 4 SouthConsultantAndrew submission comments nd . 2 outstanding 0909 -- reduction. SPASPA -- Number(s) File 2019Owner Info10982377 Canada Inc. Status & Comments2nd submission comments provided to applicant on January 28, 2020. Required ActionApplicant to address Agreement and provide securities File Number(s)2020 Owner Info1711129 Ontario Inc. (MPC Components) Status & CommentsSite Plan Agreement registered on May 27, 2020. Building permits ongoing in accordance with Site Plan Agreement.Required ActionStaff to complete inspections for Site Plan Agreement compliance and security Page 229 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... RP 32 Legal DescriptionCON 5 PT LOT 1ConsultantMorgan Planning and DevelopmentLegal DescriptionORO CON 9 PT LOTS 11/15/1651R21804 PT PART 1ConsultantMHBC to complete inspections for Site Plan . Staff . 1012/13/14 -- SPASPA -- File Number(s)2020 Owner InfoPaul Weber Status & CommentsSite plan agreement registered Required ActionUpon completion of works, Agreement compliance and security reduction.File Number(s)2020 Owner InfoBraestone Development Corp Status & CommentsTo be registered. Required ActionNo actions required Page 230 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 5 to date 1512222 366 2020 17732234 383 2019 33 18543557 439 2018 Legal DescriptionCON 14 PT LOT 16 RP 51R19270PARTS 2 TO 5ConsultantAsim Haider Applications/Certificates Revisions 15 - SPA - Consultations - TypePreMinor VariancesConsentsZoning CertificatesZoning Certificate File Number(s)2020 Owner InfoHydro One Network Inc Status & CommentsSite Plan Agreement sent to owner for signature. Required ActionOwner to sign Site Plan Agreement. Other Planning Page 231 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... st 2021. service levels e for Public Input. phasing plan, June 2014. projected growth Study. g to be addressed end of Spring improv need to review the included Updated timeline for to s culture of continuous related to the changing needs of the was edonte provided comments on 1 Open House subject to Public Meeting in M . Servicin ffort et the costs associated with - es now planning and development Land Use Schedules. ro and by County received Provincial Modernization O the Master Servicing to offs Polici taken e recognizes With ) draft to be has , now required nd May 2009 Township funding Township fficial Plan text and mplementation of policies Status & CommentsStaff have reviewed and draft Official Plan document. project completion approved at Council October 14, 2020. Staff to work with consultant towards draft documentation and next Revised (2winter with project completion by Craighurst Secondary Plan (OPA No.27) approved by Township Secondary Plan OIparking management strategy, and urban design guidelinesthrough the HCC The communityand continue to evolve theimprovement.and the Provincial direction towards streamlining and efficiencies to processes, process.Programthe completion of approvals process review. 34 AuthorTownship/Planning ConsultantTownship/Planning ConsultantTownship/Blackline Consulting - ther Planning Projects Project NameOfficial Plan and Comprehensive Zoning Bylaw Review/Update Craighurst Secondary PlanPlanning & Development Process Review O Page 232 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... 22 - ion anticipated to be Comments Status & Requested data and analysis provided. Project completed Q1 2021 Requested data provided. Project ongoing Project ongoing. Through the review, mapping will be updated and technical informatadded to Mobile Inspection Tool to support record control and maintenance objectives. Inventory as data data Provide preliminary access and . documents. RFP awarded in June 2020 to Blackline consulting, project team created, job shadowing and peer analysis completed, draft recommendation report expectedearly November. Final recommendation report required to be submitted to MMAH in December 2020. Report recommendations to be considered in 2021budget and staff implementation commencing in 2021. public both Corporate files to including tower Coordinate display of . Provide 35 of Guelph Other GIS services as to Professor and students Township and County and streetlights; further supporting . support DescriptionCoordinate delivery to consultantsemployment designation and zone intensification potential analysis for input to consultant report.required.Analysis, creation and and supporting datasetslocations, population density, speed test and survey response data.delivery to University GIS requiredDevelop new data layers, presentation methods for Provide assistance through review of Development Services & verify and detail assumption of stormfacilities law - Facility n & Zoning By Medonte Internet - Projects Project NameEmployment Lands StudyConnect OroProjectNew Official PlaEnvironmental Services Streetlight & StormInventory Review GIS Page 233 of 272 7.a) DS2020-131, David Yauk, GIS Technician re: Planning Division Activi... to be completed with development , anticipated going as time permits. - review by end of 2020.Initiated Q4 2019on Status & CommentsCurrently selling books on consignment at the Orillia Museum of Art and History Ongoing as time permits. various heritage designated 36 based interactive map to allow the - based interactive map to allow public - through the sale of heritage books.Webpublic to view information and images of the heritage listed and properties as well as all the plaques, monuments and cairns throughout the Township. and validating the identification of user fee and Township borne streetlight assets.Webto view locations and images of the heritage resources throughout the Township.Description Projects Committee Interactive Heritage Map Project NamebooksInteractive Heritage Map Heritage Page 234 of 272 7.b) DS2020-140, Todd Weatherell, Intermediate Planner re: Official Plan... Report Report No. To: Prepared By: DS2020-140 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: Subject: Motion # November 4, 2020 Official Plan Amendment _____________________ Application 2019-OPA-01 & Roll #: R.M.S. File #: Zoning By-law Amendment 4346-020-010-13400 D09 56921 2019-ZBA-14 by Innovative Planning Solutions on behalf of John Greenwood and Ashley Gardiner 3750 Line 10 North Local Planning Appeal Tribunal (LPAT) Hearing Representation Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-140 be received and adopted. 2. That staff proceed with Option _____ as outlined in this report in preparation for the LPAT Notice of Case Management Conference (CMC) by Video hearing scheduled for December 9, 2020 and subsequent LPAT hearing to be scheduled. Background: On January 29, 2020 Development Services Committee denied Official Plan Amendment Application 2019-OPA-01 & Zoning By-law Amendment 2019-ZBA-14, which was to amend the Agricultural designation with a site specific exception to permit a contractors yard (home industry) in order to facilitate the development of an excavation business on the subject lands. The proposed Official Plan Amendment (OPA) related specifically to Home Industries. Home Industries are defined as, -scale industrial uses that are accessory to The storage of motor vehicles is not a permitted use associated to a home industry therefore an OPA was required to permit this use. Development Services November 4, 2020 Report No. DS2020-140 Page 1of 7 Page 235 of 272 7.b) DS2020-140, Todd Weatherell, Intermediate Planner re: Official Plan... The proposed Zoning By-law Amendment would have rezoned the lands from the Agricultural/Rural Exception (A/RU) Zone to the Agricultural/Rural Exception 310 (A/RU*310) Zone. The purpose of the Agricultural/Rural Exception 310 (A/RU*310) Zone was to permit land uses on the site that would facilitate the contractors yard (home industry) with the storage of vehicles (outside only). development proposal based on the plans and drawings submitted to the Township: ________________________________________ Total Lot Area: 39.7 hectares (98.12 acres) Land Area subject to Official Plan & Zoning By-law Amendments: 0.12 hectares (0.30 acres) Number of Buildings (Subject area): 1 shipping container Number of Storeys: 1 Proposed Parking: 8 employee & 6 motor vehicle spaces for business ________________________________________ The subject lands occupy a lot area of approximately 39.7 hectares (98.12 acres) and possess a frontage along Line 10 North of approximately 540.6 metres (1773.6 feet). The lands currently contain a single family dwelling and a collection of agricultural buildings. The applicant had submitted the following reports/studies to the Township in support of the proposed development: Planning Justification Report, Innovative Planning Solutions, June 2019; Traffic Brief, JD Engineering Inc., October 2, 2019. Comment Response Matrix Memorandum, Innovative Planning Solutions, October 8, 2019; Planning Justification Report, Innovative Planning Solutions, December 10, 2019 The proposed contractors yard (home Industry) with the storage of vehicles (outside only) proposed for the subject lands would also be subject to Site Plan approval if the Official Plan and Zoning By-law amendments were approved by Council in order to ensure that the proposed built form is compatible with the site plan submitted. The Committee received a Planning Staff Report DS2020-002 which recommended approval of Official Plan Amendment Application 2019-OPA-01 & Zoning By-law Amendment Application 2019-ZBA-14 and provided a planning analysis of the applications and a review of the policies and tests as required by the Planning Act. A Public Meeting was held Wednesday September 4, 2019 and numerous comments and letters of opposition were received by residents that opposed both the Official Plan Amendment Application 2019-OPA-01 & Zoning By-law Amendment Application 2019- ZBA-14. Development Services November 4, 2020 Report No. DS2020-140 Page 2of 7 Page 236 of 272 7.b) DS2020-140, Todd Weatherell, Intermediate Planner re: Official Plan... The concerns that were raised were the influx of traffic that could be generated, odour, noise and dust that could be created, the number of vehicles that would be on the subject lands and the use of the already existing accessory structure. As a result of the concerns, the Development Services Committee adopted a motion to deny Official Plan Amendment Application 2019-OPA-01 & Zoning By-law Amendment Application 2019-ZBA-14 on January 29, 2020. Notices of Decision were provided in accordance with the Planning Act for both applications and as a result, appeals of the decisions were submitted by the applicant on February 25, 2020. The LPAT has now scheduled a Case Management Conference by Video for December 9, 2020 to identify parties, participants, and issues regarding the decisions and the future hearing. In order to prepare appropriately for the Case Management Conference and a future hearing, direction from the Committee is required and is the purpose of this report. Analysis: Planning staff in Report DS2020-002 recommended that the applications should be approved on the basis that the applications are consistent with the Provincial Policy prepared by the Ministry of Agriculture, Food and Rural Affairs, as well as that the applications conform to the County of Simcoe Official Plan. A recommendation from the Development Services Committee is now required to determine the level of support to be provided by the Township at the LPAT hearing. Council has the following range of options: 1. Provide representation (external planner and Township solicitor) to support the decision to deny Official Plan Amendment Application 2019-OPA-01 & Zoning By-law Amendment Application 2019-ZBA-14; 2. Official Plan Amendment Application 2019-OPA-01 & Zoning By-law Amendment Application 2019-ZBA-14. 3. Provide legal representation at a Case Management Conference and potentially at a future providing evidence or calling witnesses. Option #1 would require the Township solicitor and an external planning consultantto uphold the decision of the Committee that denied the Official Plan Amendment Application 2019-OPA-01 & Zoning By-law Amendment Application 2019-ZBA-14 and Development Services November 4, 2020 Report No. DS2020-140 Page 3of 7 Page 237 of 272 7.b) DS2020-140, Todd Weatherell, Intermediate Planner re: Official Plan... that did not align with the recommendation contained in the Staff Report (DS2020-002). The Township solicitor would work with an external planning consultant in order to prepare the necessary case to be presented to the Tribunal member in accordance with the CommitteeThe cost for this option is discussed further below. In Option #2 the Township would not provide any representation at the Case Management Conference or at a future LPAT hearing to defend the decision. With this option, the applicant/appellant may present their case at the hearing and there would be no evidence presented at the hearing from the Township regarding the decision by the Committee to deny the application. Under this option it would be appropriate for the Township to formally advise the LPAT and the applicant/appellant in position not to provide representation. This would enable the applicant/appellant and the LPAT to consider the manner in which to proceed with the matter. deny the applications, Option #2 is not considered a viable for the Township as it would not provide any support for the decision to deny the applications. Additionally, it could also result in a motion from the applicant/appellant to request costs against the Township for not sufficiently defending their decision and resulting in a one sided hearing before the tribunal. closing arguments and to cross-examine witnesses at a hearing event, but without providing evidence or calling witnesses on behalf of the Township. Under this option it would be appropriate for the Townshipitor to formally advise the LPAT and the applicant position not to provide evidence or call witnesses. This would enable the applicant/appellant and the LPAT to consider the manner in which to proceed with the matter. Financial / Legal Implications / Risk Management: Option #1 would include financial costs associated with retaining a planning consultant and time to prepare for one or more Case Management Conferences and a potential multi-day hearing event. Option #2 would not include additional financial costs to the Township other than the staff time to attend and observe at the hearing, or potentially provide evidence under summons, with no evidence being presented by the Township to defend the . As noted above, this could also result in a motion for costs against the Township. Option #3 i and attend one or more Case Management Conferences and potentially a hearing event. In each option, the applicant/appellant would be required to provide their own representation, at their cost, to support their position at the LPAT hearing. Development Services November 4, 2020 Report No. DS2020-140 Page 4of 7 Page 238 of 272 7.b) DS2020-140, Todd Weatherell, Intermediate Planner re: Official Plan... Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Township of Oro-Medonte Official Plan Ministry of Agriculture, Food and Rural Affairs, Guidelines on Permitted Uses in Prime Agricultural Areas Township of Oro-Medonte Zoning By-law No. 97-95, as amended County of Simcoe Official Plan Corporate Strategic Goals: Balanced Growth: Ensure land use planning policies manage change and promote features and attributes. Consultations: N/A Attachments: Schedule 1: Notice of Pre Hearing Conference Page 1-2 Conclusion: The decision of the Committee was to deny Official Plan Amendment Application 2019- OPA-01 & Zoning By-law Amendment Application 2019-ZBA-14; however, the decision was appealed to the LPAT by the applicant. Direction from the Development Services Committee is required in regard to representation to be provided at the Pre-Hearing Conference scheduled for December 9, 2020 and the future LPAT hearing to be scheduled as a result. Staff have identified the options available to the Committee above. Respectfully submitted: Todd Weatherell, RPP, CPT Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services October 27, 2020 Andria Leigh, Director Development Services October 27, 2020 Development Services November 4, 2020 Report No. DS2020-140 Page 5of 7 Page 239 of 272 7.b) DS2020-140, Todd Weatherell, Intermediate Planner re: Official Plan... Schedule 1 - Notice of Pre Hearing Conference Page 1-2 Development Services November 4, 2020 Report No. DS2020-140 Page 6of 7 Page 240 of 272 7.b) DS2020-140, Todd Weatherell, Intermediate Planner re: Official Plan... Development Services November 4, 2020 Report No. DS2020-140 Page 7of 7 Page 241 of 272 7.c) DS2020-146, Andy Karaiskakis, Senior Planner re: Deeming By-law App... Report Report No. To: Prepared By: DS2020-146 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # November 4, 2020 Deeming By-law Application _____________________ 2020-D-01 Roll #: R.M.S. File #: William & Christiane 4346-010-005-38310 D12-58411 Anderson 4346-010-005-39200 15 Nelson Street and Adjacent Parcel to East (address not assigned) Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-146 be received and adopted. 2. That Deeming By-law Application 2020-D-01 by William and Christiane Anderson, to deem the two parcels (Part Lot 7 and West Part Lot 7, Lot 8 on Plan 629) under the Planning Act not to be a registered plan of subdivision, for lands located at 15 Nelson Street and an adjacent parcel to the east (address not assigned), Township of Oro-Medonte, be approved. 3. That the Deputy Clerk bring forward the appropriate By- consideration. 4. Development Services signature. Background: William and Christiane Anderson own several properties (Part Lot 13; Part Lot 7;and West Part Lot 7, Lot 8) in Registered Plan 629 fronting on Nelson Street. The application for the deeming by-law is related to Part Lot 7 and West Part Lot 7, Lot 8 on Plan 629 (refer to Schedules 1 and 2). The submitted deeming by-law application is necessary in order to Lot 7 and West Part Lot 7, Lot 8 on Plan 629) under the Planning Act not to be a registered plan of subdivision which provides the legal mechanism for the two lots to merge on title and become one lot. It is Development Services November 4, 2020 Report No. DS2020-146 Page 1of 5 Page 242 of 272 7.c) DS2020-146, Andy Karaiskakis, Senior Planner re: Deeming By-law App... noted that the only way to separate the two parcels in the future is through a Consent Application. Analysis: The process considered through the Planning Act in which to merge two lots located within a plan of subdivision is through a Deeming By-assessment records for the subject properties show two property roll numbers and the registered property owners for both parcels being identified as noted above. Part Lot 7 (0 Nelson Street) contains a detached accessory building while West Part Lot 7, Part 8 (15 Nelson Street) contains a single detached dwelling and a detached accessory building. The applicants wish to merge the two properties to lessen the amount of taxes that the applicants have to pay on the two properties by creating a single lot. In consolidation of a parcel that, on its own, is not viable for development purposes. Plan. Single detached dwellings and the associated accessory buildings are permitted (SR)-law 97-95, as amended. Single detached dwellings and accessory uses such as detached garages are permitted in the SR Zone. In accordance with the Planning Act, no public meeting is required prior to the consideration of a deeming by-law. Notice of the passage of the deeming by-law is required to be provided to the landowner. Financial / Legal Implications / Risk Management: Potential change in assessment. Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 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: Development Services November 4, 2020 Report No. DS2020-146 Page 2of 5 Page 243 of 272 7.c) DS2020-146, Andy Karaiskakis, Senior Planner re: Deeming By-law App... Ensure land use planning policies manage change and promote economic activity that does not negatively impact the and attributes. Consultations: N/A Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Conclusion: Planning Staff recommends that Deeming By-law Application 2020-D-01 to deem the two parcels (Part Lot 7 and West Part Lot 7, Lot 8 on Plan 629) under the Planning Act not to be a registered plan of subdivision on lands municipally known as 15 Nelson Street and 0 Nelson Street, Township of Oro-Medonte, be approved through Deeming By-law No. 2020-117. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager, Planning Services October 28, 2020 Andria Leigh, Director, Development Services October 28, 2020 Development Services November 4, 2020 Report No. DS2020-146 Page 3of 5 Page 244 of 272 7.c) DS2020-146, Andy Karaiskakis, Senior Planner re: Deeming By-law App... Development Services November 4, 2020 Report No. DS2020-146 Page 4of 5 Page 245 of 272 7.c) DS2020-146, Andy Karaiskakis, Senior Planner re: Deeming By-law App... Development Services November 4, 2020 Report No. DS2020-146 Page 5of 5 Page 246 of 272 7.d) DS2020-147 , Danielle Waters, Planner re: Minor Variance Applicatio... Report Report No. To: Prepared By: DS2020-147 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # November 4, 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. DS2020-147 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 DS2020-147. 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 interiorlot 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 November 4, 2020 Report No. DS2020-147 Page 1of 10 Page 247 of 272 7.d) DS2020-147 , Danielle Waters, Planner re: Minor Variance Applicatio... 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 two storage sheds under 10 sq. m. This application was previously considered by the Development Services Committee on September 3, 2020 and was deferred to address concerns that were identified by the Nottawasaga Valley Conservation Authority (NVCA). This concern has been resolved and an NVCA Permit has been approved on the condition this minor variance application is approved, at which time the NVCA Permit would be issued. 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 PPS 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. Development Services November 4, 2020 Report No. DS2020-147 Page 2of 10 Page 248 of 272 7.d) DS2020-147 , Danielle Waters, Planner re: Minor Variance Applicatio... 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. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed structure conforms to the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already on an established residential lot 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 is satisfied that the NVCA Permit process is adequate to address the planning objectives of the Growth Plan with respect to 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, 2020. County of Simcoe Official Plan promote long-Simcoe, 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. purpose 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 Development Services November 4, 2020 Report No. DS2020-147 Page 3of 10 Page 249 of 272 7.d) DS2020-147 , Danielle Waters, Planner re: Minor Variance Applicatio... 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 lands are 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 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 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 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, Planning Staff are of the opinion that this proposed development should be exempted from the site plan control requirement by the Director of Development Services given the existing development on the property and the development controls put in place through the NVCA Permit process. 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 Development Services November 4, 2020 Report No. DS2020-147 Page 4of 10 Page 250 of 272 7.d) DS2020-147 , Danielle Waters, Planner re: Minor Variance Applicatio... 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. Is the variance 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 along the East and West lot lines. There is also an existing boathouse in the proposed location, that 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. The previous non-compliance with NVCA has been resolved and a permit has been issued on the condition this minor variance application is approved. 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, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services November 4, 2020 Report No. DS2020-147 Page 5of 10 Page 251 of 272 7.d) DS2020-147 , Danielle Waters, Planner re: Minor Variance Applicatio... 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 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, 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 permit required (advised conditionally approved pending decision on minor variance for issuance), non-compliance resolved as per email received October 8, 2020 SMCDSB no comments/objections 3 letters of support from Goss road residents 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. Development Services November 4, 2020 Report No. DS2020-147 Page 6of 10 Page 252 of 272 7.d) DS2020-147 , Danielle Waters, Planner re: Minor Variance Applicatio... Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services October 28, 2020 Andria Leigh, Director, Development Services October 28, 2020 Schedule 1: Location map Development Services November 4, 2020 Report No. DS2020-147 Page 7of 10 Page 253 of 272 7.d) DS2020-147 , Danielle Waters, Planner re: Minor Variance Applicatio... Schedule 2: Aerial Photo Development Services November 4, 2020 Report No. DS2020-147 Page 8of 10 Page 254 of 272 7.d) DS2020-147 , Danielle Waters, Planner re: Minor Variance Applicatio... Schedule 3: Applicant Site Plan Development Services November 4, 2020 Report No. DS2020-147 Page 9of 10 Page 255 of 272 7.d) DS2020-147 , Danielle Waters, Planner re: Minor Variance Applicatio... Schedule 4: Applicant Elevation Plan Development Services November 4, 2020 Report No. DS2020-147 Page 10 of 10 Page 256 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... Report Report No. To: Prepared by: DS2020-150 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # November 4, 2020 Zoning By-law 2020-ZBA-13 _____________________ Johnwood Investments Inc Roll #: R.M.S. File #: 1614 Ridge Road East 4346-010-011-18000 D14-58196 Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2020-150 regarding a Zoning By-law Amendment applying to lands municipally known as 1614 Ridge Road East, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2020-ZBA-13 by Johnwood Investments Inc, specifically to rezone the subject lands from Residential One (R1) to Residential Two Exception 324 (Holding) Zone (R2*324(H)) to permit a 5-unit multiple dwelling building on the lands located at 1614 Ridge Road East, Township of Oro-Medonte be approved. 3. That the Holding (H) provision affixed to the zoning of the lands not be removed until the Applicant applies for and obtains Site Plan Approval from the Township. 4. That the Deputy Clerk bring forward the appropriate By- consideration. 5. And that the applicant be advised of the Committeedecision under the Director, Development Services signature. Background: The subject lands are located on the north-east corner of Ridge Road and Line 11 South located in the Township of Oro-Medonte. The subject property has a lot area of 0.32 hectares (0.79 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and a detached accessory building. A Public Meeting with respect to this application was held on September 2, 2020 to receive comments from the community. Comments received from the public inquired about the septic system, water, parking standards, the amount of units, drainage, Development Services November 4, 2020 Report No. DS2020-150 Page 1of 16 Page 257 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... fencing and traffic. Many of these comments are addressed throughout the report. Potential issues such as drainage, fencing, garbage and snow removal will be addressed at the time of the Site Plan application. Operations Department and the County of Simcoe Transportation requirements for the 15mx15m daylight triangle on the northeast corner of Ridge Road and Line 11 South, the road widening along County Road 20, and the 0.3 m reserve would all be addressed through the Site Plan Application/Agreement and conveyed during the execution and registration of the required Site Plan Agreement on title. With reference to traffic, a traffic report was submitted along with a Planning Justification report and Staff are satisfied that traffic will not be an issue as Ridge Road is only operating at 44% capacity. The applicant has revised the proposed development from 7 units, as initially indicated in the Notice that was provided and considered at the Public Meeting, to 5 units within an existing dwelling. The existing dwelling is a property that is listed on the Township of Oro-Medonte Heritage Register, however is it not designated under Section 29 the Ontario Heritage Act. The dwelling development application and this report will be circulated to the Townships Heritage Committee for information purposes only. Development Proposal The purpose of the Zoning By-law Amendment application is to rezone the subject lands from Residential One (R1) to Residential Two Exception 324 Zone (R2*324) to permit an apartment building. The existing single detached dwelling is proposed to be renovated to contain 5 dwelling units. Exception 324 has been added to recognize the existing height and deficiencies in the zoning by-law for the existing dwelling. The existing elevation and site plan drawings can be seen in Schedule 3 and 4 of this report. Recirculation of the application is not required as the setbacks are existing. The following are the existing zoning by-law deficiencies to be recognized by Exception 324: Table B1 R2 Zone - Maximum Height Required: Proposed: 12.0 metres (39.3 feet) 12.55 metres (41.1 feet) Section 5.20.2.2 - Width of driveways leading to a parking area or a parking lot Required: Proposed: 6.7 metres (22.0 feet) 6.0 metres (19.7 feet) Section 5.1.3 d) Interior side yard setback for a detached accessory building Required: Proposed: 2.0 metres (6.5 feet) 1.49 metres (4.9 feet) Development Services November 4, 2020 Report No. DS2020-150 Page 2of 16 Page 258 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... Analysis: Provincial Policy Statement 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The intent of the PPS is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1.1 and 1.1.3, speaks to settlement areas being the focus of growth allowing and encouraging intensification and redevelopment within settlement areas. The proposed incremental increase in residential units proposed by this application is positive for the settlement area, where it can be accommodated by local service levels and would align with these policies. As the application to increase the number of residential units would result of interior renovations only, there will be minimal disturbance to the existing property. Section 1.1.5 Rural Lands in Municipalities contains policies for rural lands in is compatible with the rural landscape and can be sustained by rural service levels Section 1.4 speaks to the need for a mix of housing options and densities required. Section 1.6.3 and 1.6.6.4 speaks to water and sewer requirements. Existing infrastructure should be used when possible. This existing septic is to be upgraded to accommodate the increase in residential units as municipal services are not available in the area. Planning Staff is of the opinion that the proposed Zoning By-law Amendment Application is considered to be consistent with the Provincial Policy Statement, 2020, as the proposed zoning amendment would result in minor intensification, supported by local service levels and that would add to the housing stock and the variety of housing options available within the Rural Settlement Area of Hawkestone. Growth Plan for the Greater Golden Horseshoe 2020 Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of the Growth Plan directs development to settlement areas as they are the focus of growth within the Township. The property currently supports a well and septic system. The proposal includes an upgraded septic system to support the increase in residential units/occupants. Section 2.2.1.4 works to achieve complete communities that feature a mix of land uses. The proposed increase in density will be an incremental intensification of residential Development Services November 4, 2020 Report No. DS2020-150 Page 3of 16 Page 259 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... units for an area that is primarily low density residential. This will contribute to the diversification of the housing stock as the proposed units will be leasehold, allowing for a different residential option to owning a single family dwelling and increased affordability in the area. Section 4.2.7 speaks to the importance of conserving cultural heritage resources. The property is listed on the Township of Oro-Medonte Heritage Register. Although the property is not designated under Section 29 of the Ontario Heritage Act, there are no plans to alter the exterior of the building only interior renovations to create the additional residential units, thereby allowing for the heritage structure and its external appearance to remain intact. Based on the above, Planning Staff finds the zoning amendment application to conform to the policies of the Growth Plan. County of Simcoe Official Plan The subject lands are designated Settlements . growth and development within settlements, and minimize land consumption and See Schedule 5 for County Official Plan mapping. Section 3.5.7 speaks to settlement areas being the focus of population and and use designation changes within settlement area boundaries do not require a County Section 3.5.24 discusses intensification targets in settlement areas. The proposed development will help with the 20% target required for the Township of Oro-Medonte. Section 3.5.30 speaks to the policies in the Plan that a range of types of housing be provided within the County. This includes apartment units and a mix of affordable housing. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. Section 4.6.1 of the Official Plan states that significant heritage and cultural buildings are to be conserved. The County has been circulated the subject application and at the time of writing of this report, planning comments have yet to be received by Township staff. The Committee should have regard to any County planning comments that may be received; recognizing the Countys Transportation comments have been discussed in this report and would be incorporated in the Site Plan process/agreement. However, Township Planning Staff is of the opinion that the application conforms Plan by focusing development within the settlement area of Hawkestone and providing Development Services November 4, 2020 Report No. DS2020-150 Page 4of 16 Page 260 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... a range of housing other than the existing single detached houses in the area as well as preserving the listed heritage feature. Township of Oro-Medonte Official Plan The subject lands are designated Hawkestone Residential Area Official Plan (Schedule 6). Pursuant to the policies of the Plan, permitted uses within this designation are low density residential, small-scale commercial and industrial developments. Section C3.3.2 provides the permitted uses within the designation. Objectives of the Special Policy for Hawkestone is to improve the existing infrastructure and provide development of affordable housing. The vision is to provide a wide range of housing forms available to a broad spectrum of households and to preserve and enhance to historic features. Section D3 discusses policies relating to preserving the cultural heritage of the Township. As stated earlier, the existing building is a listed property on the Township of Oro-Medonte Heritage Register, however is it not designated under Section 29 of the Ontario Heritage Act and there are no heritage-related restrictions that affect the consideration of this application. In and conversion of the building to 5 dwelling units has the potential to benefit the continued existence of the building and therefore contribute to the preservation of cultural heritage. Section E1.5 requires Site Plan Control for the proposed development. Site Plan Control will review appropriate development standards for the property relating to landscaping, lighting, parking, garbage disposal and emergency access. Discussions were had at the public meeting in reference to fencing and winter snow removal; these items will also be considered at the time of application for Site Plan. Planning Staff is satisfied that the proposed rezoning maintains the Official Plan policies that encourage a range of housing forms within the settlement area. Based on the above, Planning Staff is of the opinion that the application conforms to the Official Plan. Proposed Zoning By-law Amendment The subject lands are zoned Residential One (R1) in the Township Zoning By-law 97- 95, as amended (refer to Schedule 7 and 8). The By-law prepared by Staff would rezone the subject lands from the Residential One (R1) to the Residential Two Exception 234 Zone (Holding) (R2*324 (H)) (Schedule 8), which would permit the proposed multiple-unit dwelling building use for a maximum of 5 units and legalize the existing deficiencies of the dwelling height, the detached accessory building interior side yard setback and the width of the driveway. The proposed development would be classified by the Zoning By-law as a multiple dwelling building rather than an apartment dwelling building, as the units will have their own individual accesses and will not be accessed via a common corridor. The Exception 234 Zone will also limit the number of dwelling unit to 5; and therefore should additional dwelling units be considered in the future both a further zoning by-law amendment and Development Services November 4, 2020 Report No. DS2020-150 Page 5of 16 Page 261 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... site plan revision would be necessary to consider any increase in the number of dwelling units in order to address both the technical matters such as parking and servicing but also the land use compatibility and policy matters. Planning Staff recommends that a Holding (H) provision be affixed to the Zoning of the lands in accordanCouncil may pass a Zoning By-law which identifies a use of land, but prohibits the actual development of the land until a later date when identified conditions have been met The objective of utilizing a Holding Provision is to agreements respecting the design of the proposed development are entered into. In this case it would be necessary for the owner to enter into a Site Plan Agreement with the Township to address matters that could include the general external appearance and mass of the building, access and parking lot design, landscaping, buffering and screening, and grading and drainage. Pursuant to such an agreement, the Township would hold securities to guarantee the completion of the development in a timely manner. Based on the above, Planning Staff recommends approval of Zoning By-law Amendment 2020-ZBA-13 and has prepared a Zoning By-law Amendment for consideration by Council. Financial/Legal Implications/Risk Management: Potential financial and legal implications should the decision of Council be appealed to the Local Planning Appeal Tribunal. Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 Growth Plan for the Greater Golden Horseshoe, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: is relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. e applications are consistent with the Strategic Plan. Development Services November 4, 2020 Report No. DS2020-150 Page 6of 16 Page 262 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... 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: 15mx15m daylight triangle on the northeast corner of Ridge Road and Line 11 South Development Engineering: an engineered site plan detailing access, parking, drainage etc. shall be required at the time of Site Plan application. Simcoe Muskoka Catholic District School Board: students may be transported or . Building Department: permit will be required for the proposed construction 3 letters of opposition identifying concerns related to septic, well, number of units, drainage, parking and potential increased traffic. County of Simcoe: a widening along the entire frontage of the property adjacent to County Road 209 to provide a 15.25 metre right-of-way from the centre line of County Road 20, a 15mx15x daylight sight triangle at the north east corner of the intersection of County Road 20 (Ridge Road) and Line 11 South), and a 0.3 m reserve adjacent to the road widening and daylight triangle to restrict access from the subject property onto County Road 20 Simcoe County District School Board: students may be transported or ; and school bus pick up points with generally be located on a through street at a location convenient to the Simcoe County Student Transportation Consortium. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Plan Schedule 4: Elevation Drawings Schedule 5: County OP Schedule 6: Township OP Schedule 7: Township Zoning Schedule 8: Draft Zoning By-law Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2020-ZBA-13 by Johnwood Investment Inc be approved on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe and represents good planning. Development Services November 4, 2020 Report No. DS2020-150 Page 7of 16 Page 263 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... Respectfully submitted: Danielle Waters Planner Approvals: Date Derek Witlib, Manager, Planning Services October 29, 2020 Andria Leigh, Director, Development Services October 30, 2020 Development Services November 4, 2020 Report No. DS2020-150 Page 8of 16 Page 264 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... Schedule 1: Location Map Development Services November 4, 2020 Report No. DS2020-150 Page 9of 16 Page 265 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... Schedule 2: Aerial Photo Development Services November 4, 2020 Report No. DS2020-150 Page 10 of 16 Page 266 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... Schedule 3: Site Plan Development Services November 4, 2020 Report No. DS2020-150 Page 11 of 16 Page 267 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... Schedule 4: Development Services November 4, 2020 Report No. DS2020-150 Page 12 of 16 Page 268 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... Schedule 5: County Official Plans Development Services November 4, 2020 Report No. DS2020-150 Page 13 of 16 Page 269 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... Schedule 6: Township Official Plans Development Services November 4, 2020 Report No. DS2020-150 Page 14 of 16 Page 270 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... Schedule 7: Township Zoning Development Services November 4, 2020 Report No. DS2020-150 Page 15 of 16 Page 271 of 272 7.e) DS2020-150, Danielle Waters, Planner re: Zoning By-law 2020-ZBA-13,... Schedule 8: Draft Zoning By-law Development Services November 4, 2020 Report No. DS2020-150 Page 16 of 16 Page 272 of 272