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12 02 2020 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Wednesday, December 2, 2020 5:30 p.m. Effective Tuesday, March 17, 2020 at 8:30 a.m., all Township of Oro-Medonte facilities including the Administration Centre were closed to the public. Effective Tuesday, October 13, 2020 at 8:30 a.m., the Administration Centre was reopened to receive the public by Appointment only. 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 date in accordance with 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: a) Motion to Approve the Agenda. Page 1 of 295 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 14a) Minutes of Development Services Committee meeting held on Wednesday, November 4, 2020. 5. Public Meetings: 15 - 30 a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, 101 Eady Station Road and described as Part West Part Lot 13, Concession 11 (Medonte), 2020-ZBA- 18, Lacey Robson, Michael Van Muyen and Lynda Whiston \[Refer to Items 7b) below and 5a) 12 02 2020 Council Agenda\]. 6. Public Hearings: 31 - 54 a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance Application 2020-A-58, Chris and Jackie Sweet, 2440 Foxmead Road. 55 - 80 b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance Application 2020-A-53, Lilia & Sergiu Razmerita, 259 Shoreline Drive. 81 - 102 c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services re: Minor Variance Application 2020-A-60 (Jmourko), 17 Shewchenko Road (Oro). 103 - 130 d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2020-A-61, Ingrid Tamme, 5 Trafalgar Drive. 131 - 171 e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Minor Variance Application 2020-A-62, Tanya & Selsse Vespera, 171 Lakeshore Road West. 172 - 198 f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance Application 2020-A-63, Susan Keslick, 59 Parkside Drive. 199 - 227 g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services re: Minor Variance Application 2020-A-64, Brenda Houben, 2024 Line 6 North. 7. Reports of Municipal Officers: 228 - 240 a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applications 2020-B-23A, 2020-B-23B, & 2020-B-23C by William Finlayson, 372 Moonstone Road East 241 - 250 b) DS2020-155, Andy Karaiskakis, Senior Planner re: Zoning By-law Amendment Application 2020-ZBA-18 by Lacey Robson, Michael Van Muyen and Lynda Whiston, 101 Eady Station Road. 251 - 260 c) DS2020-159, Andria Leigh, Director, Development Services re: Zoning By- Page 2 of 295 law Amendment Application 2020-ZBA-15 by Michael and Kelly Foley, 46 Boyd Crescent. 261 - 295 d) DS2020-160, Andria Leigh, Director, Development Services re: Draft Plan of Subdivision Application 2020-SUB-01 (2639025 Ontario Inc. Oro Station Innovation Park), Part of Lots 18 and 19, Parts 1 and 2, 51R-39330, Con. 8 (Oro) \[to be distributed\]. 8. Next Meeting Date: Wednesday, January 6, 2021. 9. Adjournment: a) Motion to Adjourn. Page 3 of 295 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 4 of 295 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 5 of 295 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 6 of 295 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 7 of 295 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 8 of 295 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 9 of 295 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 10 of 295 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 11 of 295 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 12 of 295 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 13 of 295 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 14 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2020-ZBA-18 Lacey Robson, Michael Van Muyen and Lynda Whiston Due to the evolving public heath situation (COVID-19), effective March 17, 2020 at 8:30 am the Township of Oro-Medonte Administration Office is closed to the general public until further notice. The Township will live stream the Public Meetingover the internet for public viewingand participation. Please refer to the Township’s website (oro-medonte.ca) forPublic Meeting viewing and participation information. Take notice thatthe Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a “Complete” Application pursuant to the st Planning Acton the 1day of October, 2020. Take notice thatthe Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on Wednesday December2, 2020 at 5:30p.m.The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to the Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are located at 101 Eady Station Roadand are described as Part West Part Lot 13, Concession 11(Medonte). A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this Notice. The purpose and effectof the proposed Zoning By-law Amendment is to rezone the applicant’s lands from Institutional (I) Zone to Agricultural/Rural Exception (A/RU*) Zone to accurately reflect the land use that is occurring on the lands, as well as recognizing the reduced side yard and rear yard setbacks for the existing accessory structures. This Zoning By-law Amendment Application has been submitted to comply with a condition imposed by the Township’s Development Services Committee with respect to Consent Application 2020-B-17. Input on the application is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1.Emailed to planning@oro-medonte.caprior to or during the Public Meeting; 2.Dropped in the drop box at the Township Administration Office on Line 7 South; 3.Faxed to (705) 487-0133; or, 4.Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medontebefore the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonteto the Local Planning Appeal Tribunaland may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Further details of the application arepart of the public record and areavailable to the public for viewing/inspectionon the Township’s website www.oro-medonte.ca.Any person wishing further information or clarification with regard to the application should contact the Planning Division at705-487-2171or planning@oro-medonte.ca. Page 15 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Individuals who submit letters and otherinformation to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township’s website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario L0L 2E0 Attn: Andria Leigh,Director, Development Services planning@oro-medonte.ca Dated at the Township of Oro-Medonte this 12thday of November, 2020. Location Map Page 16 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Applicant’sSite Plan Page 17 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Thursday, November 12, 2020 11:23 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application and Notice of Public Meeting, 2020-ZBA-18 (Robson, Van Muyen & Whiston) - Development Services Committee Meeting scheduled for December 02, 2020 Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 18 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Municipal Planning <MunicipalPlanning@enbridge.com> {ĻƓƷʹ Friday, November 13, 2020 9:32 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application and Notice of Public Meeting, 2020-ZBA-18 (Robson, Van Muyen & Whiston) - Development Services Committee Meeting scheduled for December 02, 2020 Thank you for your circulation. Enbridge Gas Inc. does not object to the proposed application however, we reserve the right to amend our development conditions. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning@Enbridge.com. Regards, Alice Coleman Municipal Planning Analyst Long Range Distribution Planning ENBRIDGE TEL: 416-495-5386 | MunicipalPlanning@Enbridge.com 500 Consumers Road, North York, Ontario M2J 1P8 enbridge.com Safety. Integrity. Respect. Page 19 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, November 13, 2020 1:48 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application and Notice of Public Meeting, 2020-ZBA-18 (Robson, Van Muyen & Whiston) - Development Services Committee Meeting scheduled for December 02, 2020 Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 20 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Monday, November 16, 2020 8:10 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application and Notice of Public Meeting, 2020-ZBA-18 (Robson, Van Muyen & Whiston) - Development Services Committee Meeting scheduled for December 02, 2020 The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 21 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 22 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 23 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 24 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 25 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 26 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 27 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 28 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 29 of 295 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 30 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Report Report No. To: Prepared By: DS2020-149 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # December 2, 2020 Minor Variance Application _____________________ 2020-A-58 Roll #: R.M.S. File #: Chris and Jackie Sweet 4346-020-006-18302 D13-58611 2440 Foxmead Road Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-149 be received and adopted. 2. That Minor Variance Application 2020-A-58 by Chris and Jackie Sweet, specifically for permission to permit a detached accessory building with an increase in height to 5.0 metres (16.4 feet) on the lands municipally known as 2440 Foxmead Road, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-149. 3. The conditions are as follows: a. That notwithstanding Section 5.1.4 Maximum Height of Zoning By-law 97- 95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure is not to be used for human habitationor livestock purposes; c. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d. That the appropriate Zoning Certificate and Building Permit be obtained 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 Dec 2, 2020 Report No. DS2020-149 Page 1of 10 Page 31 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.74 hectares (1.83 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling with an area of 204.0 sq. m. (2,195 sq. ft.), a detached accessory building with an area of 78.0 sq. m. (840.0 sq. ft.). The applicant is proposing to construct a new detached accessory building. The applicant is requesting relief from the following Section of Zoning By-law 97-95, as amended: 5.1.4 Maximum height Permitted: Proposed: 4.5 metres (14.7 feet) 5.0 metres (16.4 feet) The applicant site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas is applicable to this application. the construction of buildings and structures requiring approval under the Planning development that is compatible with and builds upon the rural landscape. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS, as it is associated with a residential development/use on the property permitted by the policies. A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed detached accessory Development Services Dec 2, 2020 Report No. DS2020-149 Page 2of 10 Page 32 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... building (garage) is consistent with the Rural Areas policies in the Growth Plan 2020as the lands subject to this application are already an established residential area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject land is already developed for residential purposes. County of Simcoe Official Plan (County of Simcoe, 2016). According to Section 3.8.16, legally existing uses within the Greenlands system will be recognized and can continue. The proposed detached accessory building will be a continuation of the existing use on the property. In Planning considered an accessory use to the existing residential use on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent of the Official Plan? The subject lands are designated Agricultural in Pursuant to the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings and by extension accessory uses to the residential use. The proposed construction will be in keeping with the existing rural character of the neighbourhood, which includes large wooded area and scattered rural residential properties, some of which include accessory buildings of various sizes. Therefore, based on the above, the requested variance pertaining to this application is considered to conform to the general intent and purpose of the Official Plan. Development Services Dec 2, 2020 Report No. DS2020-149 Page 3of 10 Page 33 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RUBy- law 97-95, as amended. Single detached dwellings are permitted in the A/RU Zone and the proposed detached accessory building would be accessory to this permitted use. The general intent of the Zoning By-law in requiring the maximum height requirements is to ensure that an accessory building will continue to be secondary and subordinate to the primary use of the property as residential. The proposed detached accessory building will be smaller in size (floor area) to the existing dwelling. The proposed accessory building will also be located at the rear of the property and further back from the road than the dwelling. Upon site inspection, it was confirmed that there is mature vegetation located along the lot lines. It is Planning Staffs opinion, based on the above, that the proposed accessory building would therefore continue to appear secondary and subordinate to the residential use of the property. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted mature vegetation along the North, East and West lot lines, while recognizing that the proposed building will still be visible from Foxmead Road. There is a smaller existing accessory building currently on the property. The proposed structure will be in keeping with the character of the neighbourhood. Heavy vegetation on the interior lot lines will protect the view of neighbouring properties from the proposed building. Section 5.1.1 of the Zoning By-law speaks to no detached accessory building shall be used for human habitation, therefore condition 3. b) of this minor variance will restrict the building to storage use only. The proposed structure will not interfere with functional matters such as parking and the septic system. 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 it will appear to be secondary from the road, and mature vegetation will allow privacy for the neighbours. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable Development Services Dec 2, 2020 Report No. DS2020-149 Page 4of 10 Page 34 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend the Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 A Place to Grow, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively features and attributes. Staff are of the opinion that the proposed development will not negatively impact the and is therefore consisten 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 objections, Engineered Lot GradingNOT required Township Building Services no comments Township Infrastructure and Capital Projects no objections Attachments: Schedule 1: Location Map Development Services Dec 2, 2020 Report No. DS2020-149 Page 5of 10 Page 35 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Schedule 3: Applicant Site Plan Schedule 4: Applicant Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-58 be approved, specifically to permit a detached accessory building with an increased height of 5.0 metres (16.4 feet) on the lands municipally known as 2440 Foxmead Road on the basis that the application is consistent with and conforms to Provincial policies and plans and the County and Township Official Plans and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services November 26, 2020 Andria Leigh, Director, Development Services November 26, 2020 Development Services Dec 2, 2020 Report No. DS2020-149 Page 6of 10 Page 36 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location map Development Services Dec 2, 2020 Report No. DS2020-149 Page 7of 10 Page 37 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services Dec 2, 2020 Report No. DS2020-149 Page 8of 10 Page 38 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Site Plan Development Services Dec 2, 2020 Report No. DS2020-149 Page 9of 10 Page 39 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Plan Development Services Dec 2, 2020 Report No. DS2020-149 Page 10 of 10 Page 40 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, November 13, 2020 12:38 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-58) Sweet Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 41 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, November 13, 2020 12:17 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-58) Sweet Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 42 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Monday, November 16, 2020 8:25 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-58) Sweet The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 43 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Page 44 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Page 45 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Page 46 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Page 47 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Page 48 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Page 49 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Page 50 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Page 51 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Page 52 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Page 53 of 295 6.a) 5:50 p.m. DS2020-149, Danielle Waters, Planner re: Minor Variance A... Page 54 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... Report Report No. To: Prepared By: DS2020-153 Development Services Catherine McLean Committee Intermediate Planner Meeting Date: Subject: Motion # December 2, 2020 Minor Variance Application _____________________ 2020-A-53 Roll #: R.M.S. File #: Lilia & Sergiu Razmerita 4346-010-012-19600 D13 58606 259 Shoreline Drive Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-153 be received and adopted. 2. That Minor Variance Application 2020-A-53 by Lilia & Sergiu Razmerita, specifically for permission to enlarge the deck at the rear of the single detached dwelling with a reduced rear yard setback of 17.44 metres (57.2 feet) from the average high water mark of Lake Simcoe, on lands municipally known as259 Shoreline Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2020-153. 3. The conditions are as follows: a) That notwithstanding Section 5.7 (a), the proposed deck addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed deck be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority (LSRCA); d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the structure and verifying in writing by way of survey/real property report, prior to framing inspection, that the deck is located no closer than 17.44 metres from the average high water mark of Lake Simcoe (219.15 m G.S.C Datum); and, e) That the appropriate Zoning Certificate and Building Permit be obtained binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services decision under the Secretary- signature. Development Services December 2, 2020 Report No. DS2020-153 Page 1of 13 Page 55 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... Background: The subject property has a lot area of 0.18 hectares (0.44 acres) and contains a single detached dwelling and boathouse. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to enlarge their existing deck at the rear of the single detached dwelling. Therefore, the applicants are requesting relief from the following Section of Zoning By-law 97-95, as amended: Section 5.7 (a) - Minimum setback from the average high water mark of Lake Simcoe for a deck attached to a single detached dwelling. Required: Proposed: 20.0 metres (65.6 feet) 17.44 metres (57.2 feet) site plan and renderings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage, Section 2.2 - Water and Section 3.1 Natural Hazards are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development is not anticipated to affect any natural features or functions. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed deck addition is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). 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 Development Services December 2, 2020 Report No. DS2020-153 Page 2of 13 Page 56 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... 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. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the application and indicated that they are satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazards policies of the PPS, and in conformity with provincial policies. They recommended that any approval of this application should be subject to the condition that the owner obtain a permit from LSRCA for works within the regulated area. are included as Schedule 5 to this report. County Official Plan The property is designated Rural The Rural Designation permits limited residential development. proposed deck addition is Plan as it is associated with an existing permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance 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. To ensure that existing development is appropriately serviced with water and sewer services. Development Services December 2, 2020 Report No. DS2020-153 Page 3of 13 Page 57 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... Permitted uses in the Shoreline designation include single detached dwellings. The proposed variance conforms to the general intent and purpose of the Official Plan as the applicants are proposing to build an addition to the existing deck at the rear of the single detached dwelling which is a permitted use in the Shoreline Designation. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the - law 97-95, as amended. Single detached dwellings and by extension decks, are permitted in the Shoreline Residential Zone. The applicants are proposing to enlarge the existing rear deck and are seeking relief from Section 5.7 (a) of the Zoning By-law to reduce the required rear yard setback from 20.0 metres (65.6 feet) to 17.44 metres (57.2 feet) from the average high water mark of Lake Simcoe (219.15 m G.S.C Datum). The Zoning By-law requires a minimum setback of 20.0 metres (65.6 feet) from the average high water mark of Lake Simcoe to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. Since the applicants are proposing a reduced setback from the average high water mark of Lake Simcoe, Planning Staff rely on the expertise of the Lake Simcoe Region Conservation Authority which is the agency mandated with the protection of water resources and minimizing or preventing the impact of natural hazards such as flooding and erosion within the watershed. In this regard, the LSRCA did not express any concerns with the reduced setback to the average high water mark; however, they indicated that the development will be subject to a LSRCA permit prior to any site alteration or development. 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? Upon site visit, Planning Staff noted that the proposed deck enlargement will have no impact on the adjacent landowners as there is dense vegetation along both the west and east property lines, which would buffer the proposed development from the neighbouring properties. Planning Staff does not expect the proposed deck enlargement to stand-out, look out of place or detract from the character of this established shoreline residential area. As per the comments received from the Chief Building Official, the owners will be required to confirm, prior to obtaining a Building Permit, that the distance betweenthe deck and the existing septic system meets the minimum clearance requirements of the Ontario Building Code. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Development Services December 2, 2020 Report No. DS2020-153 Page 4of 13 Page 58 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Variance is minor in nature as the proposed development is not anticipated to have an adverse impact on the character and appearance of the shoreline residential neighbourhood. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 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: of the Plan are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. Staff are of the opinion that the proposed development will not negatively impact the Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre Development Services December 2, 2020 Report No. DS2020-153 Page 5of 13 Page 59 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: Township Development Engineering No objection. Township Infrastructure and Capital Projects No comments. Township Building Division Applicant will be required to confirm proximity of proposed deck extension to existing sewage meets the minimum clearance requirements of the Ontario Building Code. Lake Simcoe Region Conservation Authority See Schedule 5 Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Schedule 4: Schedule 5: Lake Simcoe Region Conservation Authority Comments Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-53 be approved, specifically for permission to enlarge the deck at the rear of the single detached dwelling with a reduced rear yard setback of 17.44 metres (57.2 feet) from the average high water mark of Lake Simcoe on the basis that the application meets the four tests of the Planning Act, and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Catherine McLean, Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services November 26, 2020 Andria Leigh, Director Development Services November 26, 2020 Development Services December 2, 2020 Report No. DS2020-153 Page 6of 13 Page 60 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... Schedule 1: Location Map Development Services December 2, 2020 Report No. DS2020-153 Page 7of 13 Page 61 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... Schedule 2: Aerial Photo Development Services December 2, 2020 Report No. DS2020-153 Page 8of 13 Page 62 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... Development Services December 2, 2020 Report No. DS2020-153 Page 9of 13 Page 63 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... Schedule 4: Development Services December 2, 2020 Report No. DS2020-153 Page 10 of 13 Page 64 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... Schedule 5: Lake Simcoe Region Conservation Authority Comments Development Services December 2, 2020 Report No. DS2020-153 Page 11 of 13 Page 65 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... Development Services December 2, 2020 Report No. DS2020-153 Page 12 of 13 Page 66 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... Development Services December 2, 2020 Report No. DS2020-153 Page 13 of 13 Page 67 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, November 13, 2020 1:24 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-53) Razmerita Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 68 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, November 13, 2020 12:18 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-53) Razmerita Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 69 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Monday, November 16, 2020 8:30 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-53) Razmerita Building Division comments are as follows; 1. Applicant will be required to confirm proximity of proposed deck extension to existing sewage meets the minimum clearance requirements of the Ontario Building Code. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 70 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... Page 71 of 295 6.b) 6:00 p.m. DS2020-153, Catherine McLean, Planner re: Minor Variance ... 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Report Report No. To: Prepared By: DS2020-157 Development Services Andria Leigh, Director Committee Development Services Meeting Date: Subject: Motion # December 2, 2020 Minor Variance Application _____________________ 2020-A-60 (Jmourko) Roll #: R.M.S. File #: 17 Shewchenko Road (Oro) 4346-010-011-17300 D13-58686 Recommendation(s): Requires Action For Information Only X 1. That Report No. DS2020-157 be received and adopted. 2. That Minor Variance Application 2020-A-60 by Ivan Jmourko, specifically to permit a setback of 12 metres (39.3 feet) from a water course for a detached dwelling unit, and a setback of 2.5 metres (8.2 feet) from the interior side lot line for the driveway on a property located at 17 Shewchenko Road be approved subject to the conditions as outlined in Report DS2020-157. The conditions are as follows: a) That notwithstanding Sections 5.20.2.3 and 5.32, the proposed dwelling unit and driveway 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 decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 3. And that the applicant be advised of the Committee- signature. Development Services December 2, 2020 Report No. DS2020-157 Page 1of 10 Page 81 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... 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 cottage dwelling and build a new detached dwelling with attached garage and are requesting relief from the following sections 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) Section 5.20.2.3 Setbacks for driveways accessing single detached dwellings (to the interior side lot line) Permitted: Proposed: 3.0 metres (9.84 feet) 2.5 metres (8.2 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 these sections of the PPS, for reasons detailed further 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 an existing residential dwelling that is proposed to be replaced and is also permitted to have a single detached dwelling. The driveway is existing and is necessary to provide access to the proposed dwelling while recognizing the deficient interior side yard setback. Development Services December 2, 2020 Report No. DS2020-157 Page 2of 10 Page 82 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... 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 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 further in this report, Planning Staff finds this application to conform to this Section of the Growth Plan. Since the proposed variances pertain to the development of a residential dwelling and associated driveway access on a lot within a settlement area (Hawkestone), the Growth Plan. County of Simcoe Official Plan Hawkestone is identified as a 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 County Official Plan. However, since County comments have not been receivedas of the preparation of this report, it is recommended that the Committee have regard for any 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 confirmed that from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies. The proposed works will require a permit from LSRCA and that any approval of this application should be subject to a condition for the Owner to obtain a permit from LSRCA for works within the regulated area. Condition (c) as noted in the Recommendation confirms the requirement to obtain the necessary permit from the LSRCA. Development Services December 2, 2020 Report No. DS2020-157 Page 3of 10 Page 83 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Does the variance conform to the general intent of the Official Plan? Town 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. 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 in this report, Planning Staff finds this application conforms to Section B5.1.2. The proposed variances relating to a new detached dwelling and associated driveway conform detached dwelling with the associated driveway access 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 application also seeks to recognize the deficient driveway setback from the interior side lot line in order to provide access to the new dwelling. 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. Development Services December 2, 2020 Report No. DS2020-157 Page 4of 10 Page 84 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... 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 contain a cottage dwelling which the applicants are looking to replace with a new dwelling. All of the existing dwellings along the south side of Shewchenko Road are located at less than the required 30 metre setback from the watercourse including the neighbouring property that obtained a similar variance at the October 2020 meeting, 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 wi 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. In regard to the policies of the Provincial Policy Statement, the Growth Plan and 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. In P 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. This is further validated by the comments received from the LSRCA dated November 19, 2020 as noted in this report. The second variance is intended to recognize the existing location of the driveway proposed to access the new dwelling that is deficient in the interior side yard setback where the driveway meets the front lot line. The zoning by-law requires a 3.0 metre setback while only 2.5 metres is provided with the existing driveway location. As noted by the applicant in their submission, the existing cottage dwelling was constructedin the established at that time. No concerns regarding the location of the driveway have been ide variance to recognize this existing driveway location is considered appropriate. Therefore, as mentioned, Planning Staff is of the opinion that the variances conform to the general intent of the Zoning By-law and are appropriate for the desirable development of the lot. Development Services December 2, 2020 Report No. DS2020-157 Page 5of 10 Page 85 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... 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 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 atural features and attributes. Consultations: Notice of the application was circulated to internal departments, applicable agencies, and to assessed landowners within 60 metres (200 feet) of the subject lands. A notice sign was also posted on the lands. As of the preparation of this report the following comments have been received: Operations Division: No Comments. Entrance Permit Required Building Division: No Comments Development Services December 2, 2020 Report No. DS2020-157 Page 6of 10 Page 86 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Development Engineering: No Objection. Note: An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. LSRCA: 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 works will require a permit from LSRCA; any approval of this application should be subject to a condition for the Owner to obtain a permit from LSRCA for works within the regulated area. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3 Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-60 be approved specifically to permit a setback of 12.0 metres (39.3 feet) from a water course for a new dwelling and a driveway with a 2.5 metre (8.2 feet) setback to the interior side lot line for the property located at 17 Shewchenko Road, on the basis that the application is consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, and meets the four tests of the Planning Act. Respectfully submitted: Andria Leigh, RPP Director, Development Services Development Services December 2, 2020 Report No. DS2020-157 Page 7of 10 Page 87 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Schedule 1 Location Map: Development Services December 2, 2020 Report No. DS2020-157 Page 8of 10 Page 88 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Schedule 2: Aerial Photo Development Services December 2, 2020 Report No. DS2020-157 Page 9of 10 Page 89 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Schedule 3 Development Services December 2, 2020 Report No. DS2020-157 Page 10 of 10 Page 90 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, November 13, 2020 1:44 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-60) Jmourko Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 91 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, November 13, 2020 1:46 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-60) Jmourko Teresa Operations has no comments on this application. An entrance permit will be required. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 92 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Monday, November 16, 2020 8:31 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-60) Jmourko The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 93 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Page 94 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Page 95 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Page 96 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Page 97 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Page 98 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Page 99 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Page 100 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Page 101 of 295 6.c) 6:10 p.m. DS2020-157, Andria Leigh, Director, Development Services ... Page 102 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Report Report No. To: Prepared By: DS2020-163 Development Services Derek Witlib, Manager, Committee Planning Services Meeting Date: Subject: Motion # December 2, 2020 Minor Variance Application _____________________ 2020-A-61 Roll #: R.M.S. File #: Ingrid Tamme 4346-010-006-05100 D13 58687 5 Trafalgar Drive Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-163 be received and adopted. 2. That Minor Variance Application 2020-A-61 by Ingrid Tamme, specifically for permission for a boathouse with a maximum height of 9.0 metres (29.5 feet)and a maximum combined boathouse/deck footprint of 145.0 square metres (1,560.8 sq. ft.), on lands municipally known as 5 Trafalgar Drive, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2020- 163. 3. The conditions are as follows: a) That notwithstanding Sections Section 5.6 (e) and Section 5.7 (b), the proposed development 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) The Owner shall obtain a permit from LSRCA for works within the regulated area. This will require that a restrictive covenant shall be registered on title for the boathouse outlining that the structure will not be habitable and that there shall be no sanitary, potable water or heating connection to the structure; 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. Development Services December 2, 2020 Report No. DS2020-163 Page 1of 13 Page 103 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... 4. And that the applicant be advised of the Development Services decision under the Secretary- signature. Background: The subject property is 0.42 hectares (1.04 acres) in area and is located at 5 Trafalgar Drive. The property currently supports a single detached dwelling and a detached accessory building (garage/workshop). The accessory building was the subject of a Minor Variance Application (2017-A-22) that was approved in 2018. A Location Map and Aerial Photo are included as Schedules 1 and 2 to this report. The applicant is requesting the following relief from Zoning By-law 97-95, for the purposes of a proposed boathouse: Section 5.6 (e) Boathouse height Permitted: Proposed: 4.5 metres (14.7 feet) 9.0 metres (29.5 feet) Section 5.7 (b) Decks attached to boathouse Permitted: Proposed: Total footprint of deck and the boathouse 145.0 sq.m. (1,560.8 sq.ft.) combined does not exceed 70.0 sq.m. (753.4 sq.ft.) s site plan and perspective/elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage, Section 2.2 - Water and Section 3.1 Natural Hazards are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development is not anticipated to affect any natural features or functions if development in in compliance with the requirements and conditions that have been identified the Lake Simcoe Region Conservation Authority and which are detailed later in this report. Development Services December 2, 2020 Report No. DS2020-163 Page 2of 13 Page 104 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed deck addition is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). 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. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the application and indicated that they are satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazards policies of the PPS, and in conformity with provincial policies. They have requested that that any approval of this application be subject to the condition that the owner obtain a permit from the LSRCA for works within the regulated area and that a restrictive covenant shall be registered on title for the boathouse outlining that the structure will not be habitable and that there shall be no sanitary, potable water or heating connection to the structure. County Official Plan The property is designated Rural The Rural Designation permits limited residential development. proposed boathouse is Plan as it is associated with an existing permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) Development Services December 2, 2020 Report No. DS2020-163 Page 3of 13 Page 105 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline of the Shoreline Designation is: To maintain the existing character of this predominantly residential area. To protect the natural features of the shoreline area and the immediate shoreline. To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings and accessory buildings, including boathouses. For reasons detailed later in this report, Planning Staff is of the opinion that the proposed boathouse would maintain the residential character of the shoreline area without negatively impacting the shoreline and its natural features. Therefore, Planning Staff find the proposed development to be in conformity with the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential Limited Services (RLS) in the Zoning By-law 97-95, as amended. Single detached dwellings and accessory buildings, including boathouses, are permitted in the RLS Zone normally applies to those lots in the shoreline area that are accessed by way of a private road and is such locations Site Plan Approval is also required for the purposes of development. However, Trafalgar Drive is a now a public road that is owned and maintained year round by the Township and therefore there is no need to impose Site Plan Approval on this application. - height and floor area/deck restrictions for boathouses is to ensure that the development of the shoreline area does not become dominated by boathouses and that such boathouses remain secondary and subordinate, in both their appearance and function, to the main residential use of a property. The subject lands occupy an area of (0.42 hectares / 1.03 acres) and possess approximately (42 metres / 138 feet) of shoreline frontage. These lands are among a cluster of relatively large waterfront lots, in contrast to some of the other shoreline areas in the Township where lots half or less of this size/frontage are common. The relative large size and wide shoreline frontage of the subject lands provide the ability for the lands to potentially accommodate a larger boathouse than could be accommodated on a smaller lot, while still maintaining the purpose and intent of the Zoning By-law. Development Services December 2, 2020 Report No. DS2020-163 Page 4of 13 Page 106 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Planning Staff also noted during a site inspection that the lands possess a relatively high and steep slope, resulting in the proposed boathouse being located at an elevation well below the dwelling on the lands. This combination of lot size, sho proposed boat house would not dominate the shoreline and would clearly appear subordinate to the dwelling located at an elevation well above the boathouse. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that, should the proposed boathouse be approved, the subject lands would still retain a significant amount of undisturbed shoreline area and outdoor amenity space in the form of an existing cobble beach. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Is the variance minor? The question of the minor nature of a variance partly relates to its scale and impact. Planning Staff notes that the boathouse is proposed to be located approximately in the adjacent properties on either side, and thereby minimizing any potential impact that the boathouse might have on the use, enjoyment and privacy of the adjacent properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and 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 Development Services December 2, 2020 Report No. DS2020-163 Page 5of 13 Page 107 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. Staff are of the opinion that the proposed development will not negatively impact the natural features and attributes and 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 from Township Departments and external agencies: Lake Simcoe Region Conservation Authority See Schedule 5 Township Development Engineering Division No objection. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Township Operations Division No comments. Township Building Division No comments. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Schedule 4: Perspective & Elevation Drawings Schedule 5: Lake Simcoe Region Conservation Authority Comments Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-61 be approved, specifically for permission for a boathouse with a maximum height of 9.0 metres (29.5 feet) and a maximum combined boathouse/deck footprint of 145.0 square metres (1,560.8 sq. ft.), on the basis that the application meets the four tests of the Planning Act, and conforms to or is consistent with applicable Provincial, County and Township planning policies. Development Services December 2, 2020 Report No. DS2020-163 Page 6of 13 Page 108 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Respectfully submitted: Derek Witlib, Manager Planning Services Approvals: Date: Andria Leigh, Director Development Services November 26, 2020 Schedule 1: Location Map Development Services December 2, 2020 Report No. DS2020-163 Page 7of 13 Page 109 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo Development Services December 2, 2020 Report No. DS2020-163 Page 8of 13 Page 110 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Development Services December 2, 2020 Report No. DS2020-163 Page 9of 13 Page 111 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Schedule 4: Development Services December 2, 2020 Report No. DS2020-163 Page 10 of 13 Page 112 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Schedule 5: Lake Simcoe Region Conservation Authority Comments Development Services December 2, 2020 Report No. DS2020-163 Page 11 of 13 Page 113 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Development Services December 2, 2020 Report No. DS2020-163 Page 12 of 13 Page 114 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Development Services December 2, 2020 Report No. DS2020-163 Page 13 of 13 Page 115 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, November 13, 2020 2:51 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-61) Tamme Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 116 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, November 13, 2020 2:50 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-61) Tamme Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 117 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Monday, November 16, 2020 8:31 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-61) Tamme The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 118 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Gail Raikes <gailraikes@gmail.com> {ĻƓƷʹ Sunday, November 29, 2020 6:46 PM ƚʹ Planning <Planning@oro-medonte.ca> /ĭʹ Keane, Cathy <cathy.keane@oro-medonte.ca>; Gail Raikes <gailraikes@gmail.com> {ǒĬƆĻĭƷʹ 2020-A-61 Variance Application Application: 2020-A-61 Subject Lands: 5 Trafalgar Drive As a resident of 9 Trafalgar Drive, Oro-Medonte, I am opposed to the subject's application for a "minor" variance for the construction of a boat house that does not conform to Zoning Bylaw 97- 95. The proposed boathouse height is double the limit for height, and the proposed total footprint of the deck and the boathouse combined is more than double the limits for decks attached to the boathouse. I have no objection to the construction of a boathouse that is within the requirements of zoning By-law 97-95. Gail Raikes Page 119 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Page 120 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Page 121 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Page 122 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Page 123 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Page 124 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Page 125 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Page 126 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Page 127 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Page 128 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Page 129 of 295 6.d) 6:20 p.m. DS2020-163, Derek Witlib, Manager, Planning Services re: ... Page 130 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Report Report No. To: Prepared By: DS2020-154 Development Services Catherine McLean Committee Intermediate Planner Meeting Date: Subject: Motion # December 2, 2020 Minor Variance Application _____________________ 2020-A-62 Roll #: R.M.S. File #: Tanya & Selsse Vespera 4346-010-009-34300 D13 58688 171 Lakeshore Road West Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-154 be received and adopted. 2. That Minor Variance Application 2020-A-62 by Tanya & Selsse Vespera specifically for permission to build a carport attached to the single detached dwelling which encroaches 2.81 metres (9.2 feet) into the required 3.0 metres (9.8 feet) interior side yard setback, build a detached accessory building with a front yard setback of 0.61 metres (2.0 feet) and widen the existing driveway with a setback of 0.6 metres (1.97 feet) from the interior side lot line on lands municipally known as 171 Lakeshore Road West, Township of Oro-Medonte, be denied on the basis that the proposed development does not conform to the general intent of the Zoning By-law, is not appropriate for the desirable development of the lot and is not minor. 3. That Minor Variance Application 2020-A-62 by Tanya & Selsse Vespera specifically for permission to build a rear porch that encroaches 4.97 metres (16.3 feet) into the required 20 metres (65.5 feet) setback from the average high water mark of Lake Simcoe, build a detached accessory building with a maximum floor area of 85.1 square metres (916.0 feet) and permit a maximum lot coverage for all detached accessory buildings on the lot of 6.55%, on lands municipally known as 171 Lakeshore Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2020-154. 4. The conditions are as follows: a) That notwithstanding Section 5.9.1, Section 5.1.6 and Section 5.1.5, the proposed single detached dwelling and detached accessory buildingshall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling and 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; Development Services December 2, 2020 Report No. DS2020-154 Page 1of 18 Page 131 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... c) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; d) That, if required, an Ontario Land Surveyor verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the rear porch is located no closer than 15.03 metres from the average high water mark of Lake Simcoe (219.15 m G.S.C Datum), the detached accessory building is located no closer than 2.0 metres from the interior side lot line and the single detached dwelling is located no closer than 3.0 metres from the interior side lot line; e) That the applicants obtain an Entrance/Road Occupancy Permit from the and, f) 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. 5. And that the applicant be advised of the Development Services decision under the Secretary- signature. Background: The subject property has a lot area of 0.13 hectares (0.33 acres) and the single detached dwelling, accessory building and boathouse were demolished, as the property currently sits vacant. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build a new single detached dwelling, detached accessory building and boathouse. The boathouse was not included in this Minor Variance application as it complies with all the zoning -law. The applicantsare requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 5.9.3 - Carports Required: Proposed: Carports which are attached to the The carport is proposed to encroach 2.81 dwelling may encroach into any required metres (9.2 feet) into the required interior yard a distance of not more than 1.0 metre side yard setback. (3.2 feet). Section 5.9.1 Encroachments in required yards Required: Proposed: No unenclosed porches are permitted to Rear porch is proposed to encroach encroach into the setback area from the 4.97 metres (16.3 feet) into the required 20 average high water mark of 20 metres metres (65.5 feet) setback from the (65.5 feet) from Lake Simcoe. average high water mark of Lake Simcoe. Section 5.1.3 (a) Front yard setback for a detached accessory building (garage) Required: Proposed: 7.5 metres (24.6 feet) 0.61 metres (2.0 feet) Development Services December 2, 2020 Report No. DS2020-154 Page 2of 18 Page 132 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Section 5.1.6 Maximum floor area for a detached accessory building (garage) Required: Proposed: 70.0 square metres (753.5 square feet) 85.1 square metres (916.0 square feet) Section 5.1.5 Maximum lot coverage for all detached accessory buildings on a lot Required: Proposed: 5% 6.55% Section 5.20.2.3 Minimum interior side yard setback for a driveway accessing a single detached dwelling Required: Proposed: 3.0 metres (9.8 feet) 0.6 metres (1.97 feet)* *In follow-up discussions with the agent, Planning Staff were informed that the location and size of the existing driveway, where it crosses the front lot line, will no longer be changing. Therefore, their request to reduce the interior side yard setback for the purposes of the driveway is no longer required. However as it formed part of the application, the variance is still considered by this report. site plan, elevation drawings and renderings are included as Schedules 3, 4 and 5 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. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development will not impact any natural features or functions. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) 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 single detached dwelling and accessory building are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Development Services December 2, 2020 Report No. DS2020-154 Page 3of 18 Page 133 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... 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 already within an established shoreline residential area. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the application and indicated that they are satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazards policies of the PPS, and in conformity with provincial policies. They recommended that any approval of this application should be subject to the condition that the owner obtain a permit from LSRCA for works within the regulated area (included as condition 4(c) in the Recommendations section above) Schedule 5 to this report. County Official Plan The property is designated Rural The Rural Designation permits limited residential development. proposed single detached dwelling and detached accessory building are consistent with Plan as they are the replacement a permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: 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. Development Services December 2, 2020 Report No. DS2020-154 Page 4of 18 Page 134 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... To protect the natural features of the shoreline area and the immediate shoreline. To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings and by extension accessory uses, including boathouses and detached accessory buildings. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build a new single detached dwelling and accessory building which are permitted uses in the Shoreline Designation. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the - law 97-95. The applicants are proposing to build a new single detached dwelling, and detached accessory building, and are seeking relief from the Zoning By-law to: Increase the maximum permitted encroachment for a carport attached to a single detached dwelling from a 1.0 metre (3.2 feet) encroachment to a 2.81 metres (9.2 feet) encroachment into the required 3.0 metres (9.8 feet) interior side yard setback; Increase the maximum permitted encroachment for a porch from a 0 metre encroachment to a 4.97 metres (16.3 feet) encroachment into the required 20.0 metres (65.5 feet) setback from the average high water mark of Lake Simcoe; Reduce the front yard setback from 7.5 metres (24.6 feet) to 0.61 metres (2.0 feet); Increase the maximum floor area for the proposed detached accessory building from 70.0 square metres (753.5 square feet) to 85.1 square metres (916.0 square feet); Increase the maximum lot coverage of all detached accessory buildings on a lot from 5% to 6.55%; and, Reduce the interior side yard setback for a driveway accessing a single detached dwelling from 3.0 metres (9.8 feet) to 0.6 metres (1.97 feet). -law, carports which are attached to the dwelling may encroach into any required yard a distance of not more than 1.0 metre (3.2 feet). The applicants are seeking a variance to encroach 2.81 metres (9.2 feet) into the required 3.0 metres (9.8 feet) interior side yard setback.This results in a proposed interior side yard setback of 0.19 metres (0.6 feet). The primary purpose of interior side yard setbacks is to provide spatial separation between residential properties, as well as provide space for access, maintenance and drainage around buildings and structures. I setback does not provide adequate space for access/maintenance of the carport without . Management of drainage and roof water without negatively impacting the neighbouring property may be difficult with such limited separation between the carport and the property line. Development Services December 2, 2020 Report No. DS2020-154 Page 5of 18 Page 135 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... As per Section 5.9.1 of -law, unenclosed porches are not permitted to encroach into the required 20.0 metres (65.6 feet) setback from the average high water mark of Lake Simcoe (219.15 m G.S.C Datum). The applicants have requested a variance to encroach 4.97 metres (16.3 feet) into the required 20.0 metres (65.5 feet), which results in a setback of 15.03 metres (49.3 feet) from the average high water mark. T-law prohibits buildings and structures within 20.0 metres (65.6 feet) of the average high water mark of Lake Simcoe to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. In this regard, the LSRCA did not express any concerns with the reduced setback to the average high water mark; however, they indicated that the development will be subject to a LSRCA permit prior to any site alteration or development. 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 0.61 metres (2.0 feet). The garage doors will face towards the middle of the property; therefore, off street parking will not be a concern. Planning Staff have concerns with the proposed reduced setback of 0.61 metres (2.0 feet), as the plans show the roof overhang extending beyond the front property line. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) 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. The applicants are proposing to build a one storey detached accessory building with an increased floor area from 70 square metres (753.5 square feet) to 85.1 square metres (916.0 square feet) and an increased maximum lot coverage from 5% to 6.55%. In Planning Staff opinion, the requested increase in floor area and the requested increase in lot coverage are minimal. The garage at 85.1 square metres (916.0 square feet) remains smaller and subordinate to the proposed dwelling at 185.6 square metres (1,998 square feet). -law, the minimum required interior side yard setback for a driveway accessing a single detached dwelling is 3.0 metres (9.8 feet). The applicants have requested a setback of 0.6 metres (1.97 feet). Management of driveway drainage and winter snow storage without negatively impacting the neighbouring property may be difficult with such limited separation between the driveway and the property line. However, in follow-up discussions with the agent, Planning Staff were informed that the location and size of the existing driveway, where it crosses the front lot line, will no longer be changing. Therefore, their request to further reduce the interior side lot line is no longer required. Development Services December 2, 2020 Report No. DS2020-154 Page 6of 18 Page 136 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... For the reasons outlined above, Planning Staff is of the opinion that only three of the six proposed variances meet the general intent and purpose of the Zoning By-law, specifically the increased floor area for the detached accessory building, the increased lot coverage for all detached accessory buildings on the lot and the increased encroachment into the required 20.0 (65.5 feet) setback from the average high water mark for the proposed rear porch. Are the variances desirable for the appropriate development of the lot? Planning Staff noted that the increased maximum floor area for the detached accessory building and the increased maximum lot coverage for all detached accessory buildings on a lot is not out of character for the area as the owners at 152 Lakeshore Road West obtained a variance for maximum floor area of 120.8 square metres (1,300 square feet) and a maximum lot coverage of 9.5 % (Minor Variance 2020-A-45). Approval of this variance would provide the applicant to construct an accessory building of this size on the lot, but in a different location in compliance with the Zoning By-law. Furthermore, the proposed reduced setback to the average high water mark of Lake Simcoe is also not out of character for the area as the owners at 111 Lakeshore Road West obtained a variance for a reduced setback of 17.5 metres from the average high water mark of Lake Simcoe for the single detached dwelling (Minor Variance 2013-A-52). indicated concerns regarding the drainage along the interior side lot line due to the proposed reduced setback of 0.19 metres (0.6 feet). Upon site visit, Planning Staff noted that the proposed 0.19 metres (0.6 feet) setback would not provide adequate space to walk around the posts without trespassing on the neighbouring property. The proposed 0.61 metres (2.0 feet) front yard setback for the detached accessory building would result in the garage being built immediately adjacent to the existing cedar hedge that screens the property from view for anyone walking or driving along Lakeshore Road West. Planning Staff is concerned that the proposed reduced front yard setback would likely result in the removal of the cedar hedge that follows the front property line. A number of the properties which front on Lake Simcoe along this section of Lakeshore Road West have large cedar hedges which serve as a vegetative buffer that reduce the visual impact of any development, including front yard accessory buildings, likely removal of the hedge would eliminate the visual screening and would result in development whose appearance would not be in keeping with the character of the neighbourhood. For these reasons, Planning Staff are of the opinion that only three of the six proposed variances are considered desirable development of the lot, specifically the variances to permit the increased floor area for the detached accessory building, the increased lot coverage for all detached accessory buildings on the lot and the increased encroachment into the required setback from the average high water mark for the proposed rear porch. Development Services December 2, 2020 Report No. DS2020-154 Page 7of 18 Page 137 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In into the required interior side yard setback for the proposed carport is not minor as there is a high potential for negative impacts without adequate space for access, maintenance and drainage around the structure. Furthermore, the proposed reduced front yard setback for the proposed detached accessory building is not minor as it would result in the roof overhang extending beyond the front lot line and a probable negative visual impact that would detract from the establish character and built form of the neighbourhood. As these variances are not considered to meet the general intent of the Zoning By-law and are not desirable for the appropriate development or use of the lot, these variances are not considered to be minor. On the other hand, the requested Minor Variances for an increase in floor area of the detached accessory building, an increase in lot coverage of all detached accessory buildings on the lot and an increase in the permitted encroachment into the required setback from the average high water mark for the proposed rear porch, are minor in nature as they are 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 these three variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, 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: are relevant to this application: Development Services December 2, 2020 Report No. DS2020-154 Page 8of 18 Page 138 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Balanced Growth: Ensure land use planning policies manage change and promote economic activity t and attributes. Staff are of the opinion that the proposed development will not negatively impact the Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. Comments were received from the neighbours at 173 Lakeshore Road West and 169 Lakeshore Road West stating that they have objections with the requested variances. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: Township Development Engineering No objection. Due to the proximity of the Proposed Buildings to the Lot Lines - a detailed Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Consideration shall be made for swale design, downspout locations, sum pump discharge, septic system and driveway grades to ensure that effective grading and drainage is provided for within the lot and that there is no adverse flow or discharge resulting / adversely affecting the adjacent properties. All required Silt and Sediment Control Measures shall be erected prior to excavation and thoroughly maintained until such time as surface stability is fully achieved. The carport location being only 0.19m from the property line is problematic for drainage along the interior lot line. The total lot coverage with regard to the driveway and carport may be problematic for the purposes of snow storage as there is nominal space to allow for accumulation to be stored throughout the winter. Township Infrastructure and Capital Projects No comments. An entrance/road occupancy permit will be required. Township Building Services Applicant to be aware of Ontario Building Code limiting distance setbacks, maximum exposed openings and construction of exposed building face for proposed structures with reduced setbacks. Building Permits required for all proposed structures and sewage system. Lake Simcoe Region Conservation Authority See Schedule 5 Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Plan Schedule 4: Schedule 5: Garage Renderings Schedule 6: Lake Simcoe Region Conservation Authority Comments Development Services December 2, 2020 Report No. DS2020-154 Page 9of 18 Page 139 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Conclusion: Planning Staff recommends that the following variances associated with Minor Variance Application 2020-A-62 be denied, specifically to permit construction of a carport attached to the single detached dwelling which encroaches 2.81 metres (9.2 feet) into the required 3.0 metres (9.8 feet) interior side yard setback, build a detached accessory building with a front yard setback of 0.61 metres (2.0 feet) and widen the existing driveway with a setback of 0.6 metres (1.97 feet) from the interior side lot line on the basis that the proposed development does not conform to the general intent of the Zoning By-law, is not appropriate for the desirable development of the lot and is not minor. Planning Staff recommends that the following variances associated with Minor Variance Application 2020-A-62 be approved, specifically to permit construction of a rear porch that encroaches 4.97 metres (16.3 feet) into the required 20 metres (65.5 feet) setback from the average high water mark of Lake Simcoe, build a detached accessory building with a maximum floor area of 85.1 square metres (916.0 feet) and permit a maximum lot coverage for all detached accessory buildings of 6.55%, on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Catherine McLean, Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services November 26, 2020 Andria Leigh, Director Development Services November 26, 2020 Development Services December 2, 2020 Report No. DS2020-154 Page 10 of 18 Page 140 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Schedule 1: Location Map Development Services December 2, 2020 Report No. DS2020-154 Page 11 of 18 Page 141 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Schedule 2: Aerial Photo Development Services December 2, 2020 Report No. DS2020-154 Page 12 of 18 Page 142 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Development Services December 2, 2020 Report No. DS2020-154 Page 13 of 18 Page 143 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Schedule 4: Development Services December 2, 2020 Report No. DS2020-154 Page 14 of 18 Page 144 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Schedule 5: Garage Renderings Development Services December 2, 2020 Report No. DS2020-154 Page 15 of 18 Page 145 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Schedule 6: Lake Simcoe Region Conservation Authority Comments Development Services December 2, 2020 Report No. DS2020-154 Page 16 of 18 Page 146 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Development Services December 2, 2020 Report No. DS2020-154 Page 17 of 18 Page 147 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Development Services December 2, 2020 Report No. DS2020-154 Page 18 of 18 Page 148 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, November 13, 2020 12:16 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-62) Vespera Teresa Operations has no comments on this application. An entrance/road occupancy permit will be required. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 149 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Monday, November 16, 2020 8:25 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-62) Vespera Building Division comments are as follows; 1. Applicant to be aware of Ontario Building Code limiting distance setbacks, maximum exposed openings and construction of exposed building face for proposed structures with reduced setbacks. 2. Building permits required for all proposed structures and sewage system. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 150 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... From: COOPER <jlccooper@rogers.com> Sent: Wednesday, November 18, 2020 3:08 PM To: Planning <Planning@oro-medonte.ca> Subject: Variance Application 2020-A-62 Township of Oro Medonte 178 Line 7 South. Oro Medonte, Ontario L0L 2E0 Attention Secretary Treasurer, Development Services I have received the notice for minor variances re the above application. I have objections for the number and degree of relief to the zoning by law. Section 5.9.1 required set back from high water mark is 65.5 feet. Allowing relief to 49.2 feet which is over 16 feet into the setback. The Lake Simcoe conservation authority in conjunction with the Township has a 65.5 foot set back to protect the environment of the lake. I feel these decks and porches will reduce our views and enjoyment of our property. Section 5.9.3 carport encroachment not more than 3.2 feet. The relief of 9.2 feet is excessive. This along with 5.20.2.3 the request for driveway set back seems to be jamming a project that should be built on a 100 foot lot to a 75 foot lot. This carport and driveway would then be less than 2 feet from the property line when the zoning by law requires 9.8 feet. The adjoining properties have been built to the zoning by laws and have enjoyed the use and open spaces as desired for lake front living. We live in Oro Medonte on the lake for the lifestyle and privacy we have based on the zoning by laws. This project jeopardizes the space allowances we have and expect to have in this community. In the long run I believe this type of open variances reduces the value of our properties. James Cooper 173 Lakeshore Road West. Page 151 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Township of Oro Medonte, 178 Line 7 south Oro Medonte, L0L 2E0 November 18, 2020 Att. Secretary Treasurer, Development Services: We have received notice of the Minor Variance Application 2020-A-62 and have several objections to this application as submitted. First, Section 5.9.1 states that the required setback from the high water markis 65.5 feet. What is proposed is 49.2 feet. We strongly object to this proposal. The Conservation Authority has determined these specifications for environmental reasons. The owner is requesting that his dwelling be 16.3 feet closer to the water. We feel that the decks and porches will seriously reduce views of the water, and would ultimately impact the environment and our property values. Second, Section 5.1.6 deals with maximum floor area for a detached accessory building (garage). The owner is requesting a main garage that is approximately 20% larger than is permitted. This building will be a massive footprint on the property. Third, in Section 5.1.5, the owner proposes to cover 6.55% of this property with detached accessory buildings (assuming it is garage & boathouse). This equates to 30% more than what is allowed. This will destroy the nature & serenity of the area. The reason we chose to move to Oro Township was for its tranquility, its heritage, its quaintness. We think that trying to put all these 6 extreme variance changes on a 75 foot lot is excessive. Neighboring properties on the east side and west side will be impacted. In conclusion, accepting any of these variances would set a precedence for any future building on the lake in Oro Township. Please consider this letter as a formal request to be notified decision in this matter. Gary and Susan Smockum 169 Lakeshore Rd. West. Page 152 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, November 23, 2020 12:22 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-62) Vespera Teresa Development Engineering has No Objection to the above noted Application. Note: Due to the proximity of the Proposed Buildings to the Lot Lines - a detailed Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Consideration shall be made for swale design, downspout locations, sum pump discharge, septic system and driveway grades to ensure that effective grading and drainage is provided for within the lot and that there is no adverse flow or discharge resulting / adversely affecting the adjacent properties. All required Silt and Sediment Control Measures shall be erected prior to excavation and thoroughly maintained until such time as surface stability is fully achieved. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 153 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ November 25, 2020 12:00 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ McLean, Catherine <cmclean@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-62) Vespera Teresa After an opportunity to review a draft Lot Grading Plan the following additional comments are to be included: 1. The carport location being only 0.19m from the property line is problematic for drainage along the interior lot line. 2. The total lot coverage with regard to the driveway and carport may be problematic for the purposes of snow storage as there is nominal space to allow for accumulation to be stored throughout the winter. Please add these additional comments to my original review. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 154 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... From: COOPER <jlccooper@rogers.com> Sent: November 26, 2020 10:27 AM To: Planning <Planning@oro-medonte.ca> Subject: Variance 2020-A-62 Re the above variance notice can you advise the purpose of the Silt fence that runs the length of the property along the property line on both sides. I assume this is to prevent debris from construction or backfill from entering my property. changing? Thanks James Cooper 173 Lakeshore Road West Page 155 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... From: Gary Smockum <gary.sue.smockum@gmail.com> Sent: Monday, November 30, 2020 4:33 PM To: Planning <Planning@oro-medonte.ca> Subject: Minor variance 2020-A-62 Further to our previous written letter re: 2020-A-62, we would like to submit more written comments. We are concerned about drainage issues between our property & the new build. Our sump pump drains into the swale between our properties every 7-10 minutes, 24/7. This property has an existing Artesian well that pumps over 100 gallons a minute into the lake. The present hole left by the demolition of the previous house, needs to be drained 3 times a week. There is a lot of water running thru this property...We would like assurances that the run off water from this overly large new build will not impact our home or our existing hedges bordering the property. Thank you for interest. Gary Page 156 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... CƩƚƒʹ Gary Smockum <garysmockum55@gmail.com> {ĻƓƷʹ December 2, 2020 12:39 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Minor Variance Application 2020-A-62 To whom it may concern, I would like point out my concern about drainage..By having these large structures ( house and garage) so close to the adjacent properties, we are concerned about the run off. The property has an artesian well that pumps over 100 gallons of water Into the lake..consequently the owner has to pump out ground water 2 to 3 times per week form the present hole.Obviously,there is a lot ofwater that is being pushed up from underneath.. We have a swale that has our 3 downspouts plus our sump (which runs every 15 minutes )combined with the new run offs from the the new build will be very worrisome.. Hopefully,this swale plus the hedges bordering it will be maintained and the elevation levels be assessed to address thisissue.. Gary and Sue Smockum 171 Lakeshore Rd.W.. Page 157 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... From: COOPER <jlccooper@rogers.com> Sent: Wednesday, December 2, 2020 11:36 AM To: Deputations <Deputations@oro-medonte.ca> Subject: Variance 2020-A-62 Questions Regarding the rear porch encroachment into the 65.5 foot set back from high water mark. DSC has recommended this variance be approved. If you look at aerial photo page 12 of 18 of the DS2020-154 report you will see all 5 properties from 175 Lakeshore to 167 Lakeshore are all in alignment and built to the by law using the 65.5 foot set back. On variance 2020-A-53 on page 4 of 14 of the DSO development of the lot. stand out, look out of place, or detract from the neighbourhood. This is an 8.5 foot variance. Why does this 16.3 foot variance not impact the neighbours? The variance regarding the carport has been denied in DSO2020-154. Does any new design of the carport require that it meet the requirement in 5.9.3 and not encroach more than 3.2 feet into the side yard set back. What changes are being made to the elevation of the lot and if any what is the drainage plan. Thanks James Cooper 173 Lakeshore Road West. Page 158 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 159 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 160 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 161 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 162 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 163 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 164 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 165 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 166 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 167 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 168 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 169 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 170 of 295 6.e) 6:30 p.m. DS2020-154, Catherine McLean, Intermediate Planner re: Mi... Page 171 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Report Report No. To: Prepared By: DS2020-156 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # December 2, 2020 Minor Variance Application _____________________ 2020-A-63 Roll #: R.M.S. File #: Susan Keslick 4346-010-009-73400 D13 58689 59 Parkside Drive Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-156 be received and adopted. 2. That Minor Variance Application 2020-A-63 by Susan Keslick specifically to permit the construction of an addition to a single detached dwelling with a reduced setback of 17.96 metres (58.9 feet) from the average high water mark of Lake Simcoe on lands municipally known as 59 Parkside Drive, be approved, subject to the conditions as outlined in Report DS2020-156. 3. The conditions are as follows: a) That notwithstanding Table B1 (1), the addition to a single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition with a reduced setback from the average high water mark be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the addition is located no closer than 17.96 metres (58.9 feet) from the average high water mark; d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit, Engineered Lot Grading Plan, and Building 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 Dec 2, 2020 Report No. DS2020-156 Page 1of 11 Page 172 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.22 hectares (0.54 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The applicant is proposing to construct an addition to an existing single detached dwelling on the lakeside. The existing dwelling has an area of 164.8 sq. m. (1,773.9 sq. ft.), the detached accessory building has an area of 53.3 sq. m. (573.7 sq. ft.) and the boathouse has an area of 43.2 sq. m. (465.0 sq. ft.). In June 2019, Minor Variance Application 2019-A-34 was approved for an addition to the existing dwelling at the proposed 17.96 metre setback; however, the proposed floor area of those approved drawings has increased and therefore an additional variance is required. The applicant is requesting relief from the following Section of Zoning By-law 97-95, as amended: Table B1 (1)/ Section 5.30 - Setback from average high water mark Required: Proposed: No building shall be located closer than 20 17.96 metres (58.9 feet) to the average metres (65.6 feet) from the average high high water mark of Lake Simcoe water mark of Lake Simcoe The s site plan and elevation drawings are included as Schedules 3 and 4to 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 1.1.5 Rural Lands, Section 2.1 Natural Heritage, Section 2.2 Water and Section 3.1 Natural Hazards are applicable to this application. the construction of buildings and structures requiring approval under the Planning /Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1, the province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to Lake Simcoe. Development Services Dec 2, 2020 Report No. DS2020-156 Page 2of 11 Page 173 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Section 2.2 that the required permit by LSRCA will take all necessary precautions to protect the environment. The requirement for an Engineered Lot Grading plan will also control erosion and sedimentation during the construction process. Section 3.1 Natural Hazards is met as per comments received by LSRCA. Planning Staff is of the opinion that this application conforms to Provincial Policy Statement, 2020. 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 is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already within an established residential lot. 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 to an inland lake. The subject lands are not located within any natural heritage designations identified in 4.2.4.5 of the Growth Plan 2020, the proposed development is permitted, as the subject lands are located with a developed shoreline area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County Official Plan The property is designated Rural in Official Plan. The intent of the Rural designation is to recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activitiesSimcoe, 2016). The Rural designation permits limited residential development. to the Plan as the construction of a single detached dwelling, and by association the proposed addition, is permitted on the subject lands. Development Services Dec 2, 2020 Report No. DS2020-156 Page 3of 11 Page 174 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Lake Simcoe Protection Plan (LSPP) The subject lands is regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated for this application and reviews applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has provided comments to the Township, and they have no concerns with this application. As the subject lands are regulated, the LSRCA will require a permit to be submitted. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans thatis in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in Pursuant to the policies of the Plan, permitted uses within the Shoreline designation is a single detached dwelling. The Shoreline designation allows for limited shoreline development. Therefore, based on the above, the requested variance pertaining to the construction of a single detached dwelling with a reduced average high water mark setback is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) - law 97-95, as amended. A single detached dwelling is permitted in the SR Zone.The applicant is proposing to build an addition to a single detached dwelling and is seeking relief from the Zoning By-law to allow for the addition to have a reduced setback from the average high water mark of Lake Simcoe. In June 2019 Minor Variance Application 2019-A-34 was approved for an addition to the existing dwelling at the proposed 17.96 metre setback; however, the proposed floor area of those approved drawings has increased and therefore an additional variance is required. Development Services Dec 2, 2020 Report No. DS2020-156 Page 4of 11 Page 175 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... The general intent of the Zoning By-law in requiring the minimum setback from the average high water mark of 20 metres (65.6 feet) from Lake Simcoe is to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. With the approval from LSRCA, Planning staff is confident that the natural features will be protected through their permit process. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood as the subject lands and surrounding lots are mostly treed. While on site, staff noted that the proposed addition will not be visually any closer to the shoreline than the neighbouring dwellings. The size and location of the building will not interfere with functional matters such as parking and the septic system. The septic is located in the front yard and not affected, location wise, by the addition. Building staff provided comments that a new septic system may be required depending on the size or the addition and fixtures added. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Variance to allow for a reduced average high water mark setback is not anticipated to have an adverse impact on the neighbouring properties or negatively affect the Lake Simcoe shoreline. The property is heavily vegetated on both sides of the property and LSRCA have no concerns with the proposed development. As the proposed variance is considered to conform to the general intent of the Official Plan, the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Development Services Dec 2, 2020 Report No. DS2020-156 Page 5of 11 Page 176 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Provincial Policy Statement, 2020 A Place to Grow, 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: is relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism is promoted and strengthened. Staff is of the opinion that the proposed development will not negatively impact the Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: Township Development Engineering Engineered Lot Grading Plan required Township Building Services Applicant to confirm location of existing sewage system and that existing sewage system is adequate to support the proposed addition. If sewage system is not adequate, provide proposed area for adequately sized sewage system. Township Infrastructure and Capital Projects No concerns Lake Simcoe Region Conservation Authority LSRCA permit required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Elevation Drawings Development Services Dec 2, 2020 Report No. DS2020-156 Page 6of 11 Page 177 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-63 be approved, specifically, to permit an addition to a single detached dwelling with a reduced setback from the average high water mark of 17.96 metres (58.9 feet) on lands municipally known as 59 Parkside Drive, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS and conforms to the Growth Plan 2020. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services November 25, 2020 Andria Leigh, Director, Development Services November 25, 2020 Development Services Dec 2, 2020 Report No. DS2020-156 Page 7of 11 Page 178 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location Map Development Services Dec 2, 2020 Report No. DS2020-156 Page 8of 11 Page 179 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services Dec 2, 2020 Report No. DS2020-156 Page 9of 11 Page 180 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Proposed Site Plan Development Services Dec 2, 2020 Report No. DS2020-156 Page 10 of 11 Page 181 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Drawings Development Services Dec 2, 2020 Report No. DS2020-156 Page 11 of 11 Page 182 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, November 13, 2020 12:34 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-63) Keslick Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 183 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, November 13, 2020 12:11 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-63) Keslick Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 184 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Monday, November 16, 2020 8:18 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-63) Keslick Building Division comments are as follows; 1. Applicant to confirm location of existing sewage system and that existing sewage system is adequate to support the proposed addition. 2. If sewage system is not adequate, provide proposed area for adequately sized sewage system. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 185 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ November 18, 2020 File No: 2020-A-63 IMS File No.: VA-144521-061819 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 59 Parkside Drive Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of an addition to the existing dwelling. In June 2019 Minor Variance Application 2019-A-34 was approved for an addition to the existing dwelling at the proposed 17.96 metre setback; however, the proposed floor area of those approved drawings has increased and therefore an additional variance is required. The applicant is seeking relief to the following section of Zoning By-law 97-95. 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 partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of associated shoreline flooding and erosion setback. The subject property is currently designated Shoreline in the Township of Oro- The subject property is currently zoned Shoreline Residential (SR) Zone. Page 186 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Page 2 of 3 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The proposed addition to the dwelling is within the shoreline hazard lands however it is outside of the wave uprush (greater than 15 metres from shoreline). The proposal 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 Page 187 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Page 3 of 3 require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The site is partially within a regulated area and the works appear to be proposed in the regulated area as well. A permit from LSRCA will be required. A planting plan will be a requirement of the permit as the works are within 30 metres of the shoreline. LSRCA also notes that any future works proposed within the regulated area will require a permit from LSRCA. Summary LSRCA is satisfied from a watershed management perspective that the proposed addition to the dwelling is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner shall obtain a permit from LSRCA for the proposed addition to the dwelling. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Planner 1 Cc: Sarah Clark Page 188 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Page 189 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... Page 190 of 295 6.f) 6:40 p.m. DS2020-156, Danielle Waters, Planner re: Minor Variance A... 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File #: Brenda Houben 4346-010-003-21500 D13 58726 2024 Line 6 North Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-158 be received and adopted. 2. That Minor Variance Application 2020-A-64 by Brenda Houben specifically for permission to construct an accessory parking lot on lands municipally known as 2024 Line 6 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2020-158. 3. The conditions are as follows: a) That notwithstanding Section 6 of Zoning By-law 97-95, the proposed parking lot shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed parking lot be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicants obtain an Entrance/Road Occupancy Permit from the and, 4. And that the applicant be advised of the Development Services decision under the Secretary- signature. Background: The subject property has a lot area of 39 hectares (96 acres) and contains a single detached dwelling and barn. A location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicant is proposing an overflow parking lot accessory to the Nordic/Cross Country Ski Facility and Trails. The applicant is seeking relief to the following section of Zoning By-law 97-95: Development Services December 2, 2020 Report No. DS2020-158 Page 1of 9 Page 199 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Section 6 Definitions Required: Proposed: Conservation Means an area of land that Conservation Means an area of land that is is generally left in its natural state and generally left in its natural state and which is used which is used to preserve, protect and/or to preserve, protect and/or improve components improve components of the natural of the natural heritage system for the benefit of heritage system for the benefit of man and man and the natural environment and which may include, as an accessory use, hiking trails and/or the natural environment and which may include, as an accessory use, hiking trails cross country ski trails and associated parking and/or cross country ski trails, buildings lot, buildings and structures such as nature and structures such as nature interpretation centres and public information interpretation centres and public centres. information centres. site plan is included as Schedule 3 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 and Section 2.1 Natural Heritage are applicable to this application. This application represents limited, resource-based development associated with the adjacent nordic/cross country ski facilities and trails that would be considered to be consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage policies of the PPS, as the proposed parking lot for the adjacent nordic/cross country ski facility and trails is located outside of the woodland features/hedge rows and within the open field portion of the subject property. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed parking lot accessory to the cross country ski trails is consistent with the Rural Areas policies in the Growth Plan as the proposed use would support the adjacent resource based recreational use (cross country ski facility and trails), would not impact the agricultural use or the ability for those portions of the lands zoned mineral aggregate resources (on the southern half of the property) to be protected for the future. The proposed parking lot needs to maintain a scale and appearance that is compatible with the character of the surrounding rural landscape. Development Services December 2, 2020 Report No. DS2020-158 Page 2of 9 Page 200 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... County Official Plan The property is designated Rural and Greenlands The Rural Designation permits resource-based recreational activities, and would include the parking lot accessory to the recreational use (cross country ski facility and trails). The location of the proposed parking lot needs to be designed/sited on the property to minimize the impacts on the agricultural use and the natural heritage features. 2016). According to Section 3.8.15, outdoor passive recreational uses are permitted and by extension the associated parking lot for the recreational use (cross country ski facility/trails conforms with the intent and policies of the ficial Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Rural Pursuant to the policies of the Plan, permitted uses within the Rural designation include tourist commercial and accessory recreational uses. The proposed parking lot is associated with a recreational use (tourist recreational use being a cross country ski facility/trails) and can be in keeping with the existing character of the rural area by limiting its scale and appearance through its temporary/seasonal nature for winter recreational activities. Therefore, based on the above, the requested variance conforms to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Mineral Aggregate Resources Two (MAR2) in the -law 97-95. The applicant is proposing to create an area for a parking lot accessory to the adjacent cross country ski facility/trails. The proposed location for the parking lot is within the area that is zoned Development Services December 2, 2020 Report No. DS2020-158 Page 3of 9 Page 201 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Agricultural/Rural. Conservation uses are permitted in both the A/RU and MAR2 zones as defined above and includes hiking and cross country ski trails and accessory buildings and facilities, the parking lot accessory to the cross country ski trails would be consistent with this intent. Upon site inspection it is clear that there is some limited vegetation in the vicinity of the of the front lot line and the proposed located has the flatter terrain; clarification is however required from the applicant in regard to the maintenance and landscaping proposed for the parking lot, lighting for the parking lot, and how the parking lot will be maintained (type of equipment, hours) during the winter months as this could have an impact on the rural character of the area. Pending the follow up noted above, Planning Staff is of the opinion that the proposed variance meets the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff note that the parking lot is intended to be accessory to the cross country ski facility/trails. Given the relatively open nature of the property, consideration should be given to the equipment used for maintenance of the parking lot and what lighting (if any) is being proposed that could have the potential to impact the rural character of this area, through the creation of additional noise and light impacts. Subject to further clarification from the applicant regarding the potential noise and light impacts being mitigated, Planning Staff are of the opinion that the variance is considered desirable development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Variance for an accessory parking lot to the defined Conservation use, is considered minor in nature and can be sited to blend in with the character and appearance of the neighbourhood. However as noted above, maintenance (timing and type of maintenance) and lighting of the parking lot needs to be confirmed with the applicant to ensure any noise and lighting impacts to the surrounding properties are minimized. 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 Development Services December 2, 2020 Report No. DS2020-158 Page 4of 9 Page 202 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. Staff are of the opinion that the proposed development will not negatively impact the Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: Township Development Engineering No objection. Township Infrastructure and Capital Projects Operations has no comments on this application. The applicant will be required to obtain an entrance permit and ensure that all sightlines etc. are in accordance with the by-law. Township Building Services No Comments Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Plan Development Services December 2, 2020 Report No. DS2020-158 Page 5of 9 Page 203 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Conclusion: Planning Staff recommends that the variance associated with Minor Variance Application 2020-A-64 be approved, specifically to permit parking lot accessory to the adjacent nordic/cross country ski facility on the basis that the application meets thefour tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Andria Leigh, Director of Development Services Development Services December 2, 2020 Report No. DS2020-158 Page 6of 9 Page 204 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Schedule 1: Location Map Development Services December 2, 2020 Report No. DS2020-158 Page 7of 9 Page 205 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Schedule 2: Aerial Photo Development Services December 2, 2020 Report No. DS2020-158 Page 8of 9 Page 206 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Development Services December 2, 2020 Report No. DS2020-158 Page 9of 9 Page 207 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Monday, November 16, 2020 8:32 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-64) Houben The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 208 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, November 16, 2020 9:23 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; Leigh, Andria <aleigh@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-64) Houben Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 209 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, November 17, 2020 11:32 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting December 02, 2020 (2020-A-64) Houben Teresa Operations has no comments on this application. The applicant will be required to obtain an entrance permit and ensure that all sightlines etc. are in accordance with the by-law. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 210 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 211 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 212 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 213 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 214 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 215 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 216 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 217 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 218 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 219 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 220 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 221 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 222 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 223 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 224 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 225 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 226 of 295 6.g) 7:05 p.m. DS2020-158, Andria Leigh, Director, Development Services ... Page 227 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... Report Report No. To: Prepared By: DS2020-161 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # December 2, 2020 Consent Applications 2020-B-_____________________ 23A, 2020-B-23B, & 2020-B-23C Roll #: R.M.S. File #: by William Finlayson 4346-020-005-11600 D10-58500 372 Moonstone Road East Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-161 be received and adopted. 2. That the Development Services Committee grant provisional consent to Applications2020- B-23A, 2020-B-23B & 2020-B-23C to permit the creation of three (3) new residential lotson the lands municipally known as 372 Moonstone Road East, Township of Oro-Medonte, subject to the conditions as outlined in Report No. DS2020-161. 3. The conditions are as follows for Applications 2020-B-23A, 2020-B-23B & 2020-B-23C: a) That the applicant applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcels; b) That the Applicant transfer to The Corporation of the Township of Oro-Medonte encumbrances, a 15 metre by 15 metre daylighting triangle at the corner of Old County Road and Moonstone Road East dimensioned to the satisfaction of the Director, Operations and Community ubmit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylighting triangle with Old County Road and Moonstone Road East as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, Development Services Committee December 2, 2020 Report No. DS2020-161 Page 1 of 13 Page 228 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. c) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for reach residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By- law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O.1990 c. P. 13; d) That the applicant submit information, to the satisfaction of the Chief Building Official, verifying that the \[severed/retained\] parcel may be capable of accommodating an appropriate private on-site sewage disposal system; e) That the applicant apply for and obtain a Zoning By-law Amendment for the subject lands to reflect the intended residential land use; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That one copy of a Registered Reference Plan of the subject lands preparedby an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; and, h) copies of the proposed conveyance for the parcels severed and for the road widening, for review by the Municipality and for use for the issuance of the Certificate of Official. 4. decision under the Secretary- signature. Background: The subject Consent Applications were considered at the October 7, 2020 Development Services Committee meeting and were deferred pending the receipt of County comments, specifically as it related to potential road widening along Moonstone Road East (County Road 19). The Township has since received comments from the County and they have advised that County Planning Staff do not have an interest in these applications and will not be providing further comments. The property is located at 372 Moonstone Road East, which is in the northwest corner of Old County Road and Moonstone Road East. The subject lands have a lot area of 8.24hectares (20.34 acres) according to Municipal Property Assessment Corporation (MPAC) records, and currently contain a commercial building (formerly the Medonte Town Hall). A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Consent Applications 2020-B-23A, 2020-B-23B, & 2020-B-23C The purpose of Consent Applications 2020-B-23A, 2020-B-23B, & 2020-B-23C is the creation of three (3) new residential lots. included as Schedule 3 to this report. The details of the proposed consents (severances), are provided in the table below. Development Services Committee December 2, 2020 Report No. DS2020-161 Page 2 of 13 Page 229 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... Lands to be Lands to be Lands to be Lands to be Severed Lot 1: Severed Lot 2: Severed Lot 3: Retained: Frontage: Approx. 35.0 m Approx. 30.0 m Approx. 30.0 m Approx. 48.0 m (114.8 ft.) (98.4 ft.) (98.4 ft.) (157.4 ft.) Depth: Approx. 58.0 m Approx. 83.5 m Approx. 83.5 m Approx. 58.0 m (190.2 ft.) (273.9 ft.) (273.9 ft.) (190.2 ft.) Area: Approx. 0.2 ha Approx. 0.25 ha Approx. 0.25 ha Approx. 0.25 ha (0.5 ac.) (0.619 ac.) (0.619 ac.) (0.62 ac.) Use: Vacant/Residential Vacant/Residential Vacant/Residential Commercial Proposed Proposed Proposed Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, and Section 1.1.3 Settlement Areas. The intent of the PPS is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1.1.3.1 states that settlement areas shall be the focus of growth and development. which facilitate intensification, redevelopment and compact form. facilities and sensitive land uses shall be planned and developed to avoid any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in as facilities which may require separation from sensitive land uses, including but not limited to airports, manufacturing uses, rail facilities, sewage treatment facilities, waste management systems, amongst others. Given the fact that the existing structure on the retained lands contains a commercial use, and given the limited types of uses permitted by the Local Industrial *136 (LI*136) Zone, Planning Staff is of the opinion that a major facility meaning of the PPS could not occur on the retained lands. As a result, this section does not will not have any adverse effects to the proposed sensitive land use (residential lots) and do not anticipate the inclusion of any mitigation measures between the two land uses (such as landscaping, buffer, etc.). Development Services Committee December 2, 2020 Report No. DS2020-161 Page 3 of 13 Page 230 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement asthe proposed residential lotsarelocated within a rural settlement area (Moonstone). A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of the Growth Plan and directs development to settlement areas. Specifically, Section 2.2.1.2 (b) permits limited growth in rural settlement areas and settlement areas that are not serviced by existing or planned municipal water and wastewater systems. Section 2.2.9, Rural Areas, is also applicable to this application and Planning Staff is of the opinion that the proposed residential lots are consistent with the Rural Areas policies as the lands subject to this application are located within a rural settlement area (Moonstone). County of Simcoe Official Plan Designations) in the Simcoe County Official Plan. Pursuant Official Plan, Moonstone is recognized as a settlement area in the Township. Section 3.5 of and deve promote development forms and patterns which minimize land consumption and servicing costs. Additionally, Section 3.3 of the for lot creation. Specifically, Section 3.3.4 statesmay be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe, the Province of Ontario, or In this case, both the severed and retained parcels would have frontages on Moonstone Road East (County Road 19) and Old County Road. The County has been circulated the subject applications and have advised that County Planning Staff do not have an interest in these applications and will not be providing further comments. In these policies as the proposed lots are located within a rural settlement area, which is already developed, and therefore it is not anticipated to have any adverse effect on any agricultural uses or surrounding residential uses. Township of Oro-Medonte Official Plan Section C3 policies related to the use and development of land in this designation are applicable to these applications. Specifically, Section C3.2 of the Official Plan states that Development Services Committee December 2, 2020 Report No. DS2020-161 Page 4 of 13 Page 231 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... provision, Section C3 of the Official Plan is silent with respect to the severance of land in the Rural Settlement Area of Moonstone. On this s for consent. The tests contained in Section D2.2.1 are listed in bold font below, followed by Section D2.2.1 Subdivision of Land policies a) Fronts on and will be directly accessed by a public road that is maintained year round basis: Two of the proposed lots would have frontage on a year-round Township road (Old County Road) and one of the severed lots and the proposed retained lot would have frontage on a year-round County road (Moonstone Road/County Road 19). b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; One of the proposed severed lots will front onto a County Road (Moonstone Road East-County Road 19). The applications were circulated to the County of Simcoe and have advised that they have no further comments on these applications. c) Will not cause a traffic hazard; The subject applications were circulated to Operations Staff and to Development Engineering Staff have advised they have no concerns, Operations Staff indicated they required a 15mx15m daylighting triangle at the intersection of Moonstone Road East and Old Country Road, and Development Engineering Staff have advised that Driveway Entrance Permits shall be required from Operations and Community Services (Roads) for the severed Lots.County Staff have not identified any traffic concerns. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; The severed lands are proposed to be rezoned from a Local Industrial *136 (LI*136) Zone to a Residential One (R1) Zone-law requires a minimum lot frontage of 30 metres in the Residential One (R1) Zone. Planning Staff considers the frontage to be adequate. Both the severed and retained parcels would comply with the lot size requirements for their respective zones. The retained lands are to maintain the LI*136 Zone and contain an existing commercial building. Exception 136 states Notwithstanding any other provision in this By-law, only the following uses are permitted on the lands denoted by the symbol *136: a) Business offices Development Services Committee December 2, 2020 Report No. DS2020-161 Page 5 of 13 Page 232 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... b) Mail order business c)Showroom facilities d) Sales Office e) Assembly facilities f) Printing Establishments g) Related Accessory Uses. Planning Staff is of the opinion that the existing commercial building and uses permitted under the *136 Zone are not considered intensive commercial or industrial uses and that the existing commercial land use can co-exist with the proposed sensitive land use (residential lots) without creating or experiencing any adverse effects. Furthermore, the permitted uses of the LI*136 Zone limit uses of the lands to those that are unlikely to create conflicts with residential uses on the proposed lots. The proposed development of the three residential lots would be compatible with the uses taking place on surrounding lands in the Moonstone community. The proposed residential lots would be of an appropriate size to accommodate a detached dwelling while achieving the necessary setbacks as required and while maintaining the existing character of the area. e) Can be serviced with an appropriate water supply and means of sewage disposal; Building staff has requested and a condition of approval is required if the applications were approved that the applicant identify the proposed dwelling and sewage system locations on all lots (severed and retained) complete with proposed well locations and required clearances. f) Will not have a negative impact on the drainage patterns in the area; Development Engineering Staff has no concerns or objection but have noted that Engineered Lot Grading (ELG) Plans may be required at the time of Building Permit Application. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; As proposed, development would not restrict the development of any other lands. h) Will not have a negative impact on the features and functions of any ecological feature in the area; As proposed, the development would not appear to have a negative impact on the features and functions of any ecological feature in the area. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; As proposed, the development would not appear to have a negative impact on the quality and quantity of groundwater available for other uses in the area. Development Services Committee December 2, 2020 Report No. DS2020-161 Page 6 of 13 Page 233 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... 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 applications have been reviewed in context to Section 51(24) of the Planning Act s conform. Based on the above, the applications would appear to conform to the Township of Oro- Medonte Official Plan. Township of Oro-Medonte Zoning By-law 97-95 The subject lands are zoned Local Industrial Exception 136 (LI*136 By-law 97-95, as amended (refer to Schedule 4). Exception 136 Notwithstanding any other provision in this By-law, only the following uses are permitted on the lands denoted by the symbol *136: a) Business offices b) Mail order business c) Showroom facilities d) Sales Office e) Assembly facilities f) Printing Establishments g) Related Accessory Uses. A condition of approval is included that the applicant apply for and obtain approval for a zoning by-law amendment to rezone the proposed residential lots from the Local Industrial *136 (LI*136) zone to a Residential One (R1) zone to permit the residential uses proposed.The retained lands will maintain the existing LI*136 Zone. As indicated in Table B1 of the Townsh-law, the minimum lot frontage in the R1 Zone is 30 metres (98.4 feet) and the minimum lot area is 0.2 hectares (0.49 acres). All three of the proposed lots would have frontages and lot areas that meet the requirements of the Zoning By-law. Furthermore, the proposed lot creation would not be out of character within the community of Moonstone. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 County of Simcoe Official Plan Development Services Committee December 2, 2020 Report No. DS2020-161 Page 7 of 13 Page 234 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that these applications are consistent with the following Strategic Goal of the Township: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that Consultations: Notice of these applications were circulated to the public and to applicable review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering No Objection to the above noted Application. Engineered Lot Grading (ELG) Plans may be required at the time of Building Permit Application. Driveway Entrance Permits shall be required from Operations and Community Services (Roads) for the severed Lots. Township Building Division Applicant to identify proposed dwelling and sewage system locations on all lots complete with proposed well locations and required clearances. Township Infrastructure and Capital Projects Operations will require a 15 by 15 metre sightline triangle at the corner of Moonstone Road East and Old County Road. County of Simcoe - County Planning Staff do not have an interest in these applications and will not be providing further comments Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 4: Existing Zoning Conclusion: Based on Planning Staff recommended that Consent Applications 2020-B-23A, 2020-B-23B, & 2020-B-23C specifically to permit the creation of three (3) new residential lots on the lands municipally known as 372 Moonstone Road East be approved subject to the conditions outlined in the recommendations, and on the basis that the applications are consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2019, conforms to the Official Plans for the Township of Oro-Medonte and the County of Development Services Committee December 2, 2020 Report No. DS2020-161 Page 8 of 13 Page 235 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager, Development Services November 26, 2020 Andria Leigh, Director, Development Services November 26, 2020 Development Services Committee December 2, 2020 Report No. DS2020-161 Page 9 of 13 Page 236 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... Development Services Committee December 2, 2020 Report No. DS2020-161 Page 10 of 13 Page 237 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... Development Services Committee December 2, 2020 Report No. DS2020-161 Page 11 of 13 Page 238 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... Development Services Committee December 2, 2020 Report No. DS2020-161 Page 12 of 13 Page 239 of 295 7.a) DS2020-161, Andy Karaiskakis, Senior Planner re: Consent Applicatio... Development Services Committee December 2, 2020 Report No. DS2020-161 Page 13 of 13 Page 240 of 295 7.b) DS2020-155, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Report Report No. To: Prepared By: DS2020-155 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # December 2, 2020 Zoning By-law Amendment _____________________ Application 2020-ZBA-18 Roll #: R.M.S. File #: by Lacey Robson, Michael Van 4346-020-006-00701 D14-58615 Muyen and Lynda Whiston 101 Eady Station Road Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2020-155 regarding a Zoning By-law Amendment applying to lands municipally known as 101 Eady Station Road, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2020-ZBA-18 by Lacey Robson, Michael Van Muyen and Lynda Whiston, specifically to rezone a portion of the subject lands from the Institutional (I) Zone to Agricultural/Rural Exception 325 (A/RU*325) Zone to accurately reflect the land use that is occurring on the lands, as well as recognizing the reduced side yard and rear yard setbacks for the existing accessory structures, for lands located at 101 Eady Station Road, Township of Oro-Medonte, be approved. 3. That the Deputy Clerk bring forward the appropriate By-law for consideration. 4. And that the applicants be advised of CommitteeDirector, Development Services signature. Background: Property Description The subject lands have a lot area of 1.2 hectares (2.9 acres) and contain a single detached dwelling and two (2) small sheds. Surrounding land uses predominantly consist of rural residential lots and agricultural use to the south (refer to Schedules 1 and 2). Development Proposal The purpose of the Zoning By-law Amendment application is to rezone a portion of the subject lands from the Institutional (I) Zone to Agricultural/Rural Exception (A/RU*) Zone to accurately Development Services December 2, 2020 Report No. DS2020-155 Page 1 of 10 Page 241 of 295 7.b) DS2020-155, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... reflect the land use that is occurring on the lands, as well as recognizing the reduced side yard and rear yard setbacks for the existing accessory structuresto fulfill a condition of approval for Consent Application 2020-B-17, which was granted by the Development Services Committee on July 14, 2020 (refer to Schedule 3). The Committee granted provisional consent to permit a boundary adjustment to sever and add 0.51 hectares (1.28 acres) from 131 Eady Station Road to 101 Eady Station Road. No new lots are proposed as a result of the lot addition. The benefitting lands, 101 Eady Station Road, have a split zoning of -law 97-95, as amended (refer to Schedule 4). It would appear the Institutional zoning is an error or perhaps pertained to a past use no longer present on the property, as the property currently contains a single detached dwelling on the lands zoned Institutional. The Institutional Zone does not permit a dwelling unit unless it is accessory to a Place of Worship. Consequently, a condition was included in the approval of the Consent application that the applicant apply for and obtain approval of a Zoning By-law Amendment application to change the Institutional (I) zone to an Agricultural/Rural Exception (A/RU*##) zone to properly identify the existing use on 101 Eady Station Road, as well as recognizing the setbacks for the existing accessory structures on the benefitting lands. 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. Section 2.3 Agricultural apply to the subject lands and have been reviewed in context of the proposed Zoning By-law Amendment. In accordance with Section 2.3.1 of the PPS, prime agricultural areas are to be protected for the long-term use for agriculture. Planning Staff is of the opinion that the proposed Zoning By-law Amendment to rezone a portion of the subject lands from the Institutional (I) Zone to Agricultural/Rural Exception (A/RU*) Zone is considered to be consistent with the PPS to protect the lands from incompatible uses. Furthermore, Planning Staff is of the opinion that the proposed amendment to recognize the reduced side yard and rear yard setbacks for the existing accessory structures to the residence is a permitted use on the lands and is therefore consistent with the PPS. Growth Plan for the Greater Golden Horseshoe 2019 Section 2.2.9.2 of the Growth Plan contains policies for development in rural areas outside of settlement areas. The Growth Plan does not restrict or regulate development such as Zoning By-law Amendments involving agricultural parcels of land in agricultural areas. Planning Staff is of the opinion that the Growth Plan legislation does not affect this application for Zoning By- law Amendment. County of Simcoe Official Plan The subject lands are designated Official Plan. A single detached dwelling and accessory buildings are permitted uses in the Agricultural designation. Planning Staff are of the opinion that the proposed site specific Development Services December 2, 2020 Report No. DS2020-155 Page 2 of 10 Page 242 of 295 7.b) DS2020-155, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... amendment to the Zoning By-law to rezone the lands from Institutional (I) to Agricultural/Rural Exception (A/RU*) to recognize the reduced side yard and rear yard setbacks for the existing accessory structures to the residence maintains the general intent and conforms to the County Township of Oro-Medonte Official Plan The subject lands are designated Agriculturalin accordance with Plan. Permitted uses in the Agricultural designation include single detached dwellings and by extension accessory buildings and structures. Planning Staff is of the opinion that the proposed Zoning By-law Amendment to rezone a portion of the subject lands from the Institutional (I) Zone to Agricultural/Rural Exception (A/RU*) Zone is considered to be conform potentially incompatible uses. Proposed Zoning By-law Amendment The subject lands are zoned Agricultural/Rural (A/RU) Institutional (Iin the Township Zoning By-law 97-95, as amended (refer to Schedule 4). As noted above, this Zoning By-law Amendment Application has been submitted to fulfill a condition of approval for Consent Application 2020-B-17, which went through a public process under the Planning Act and was approved by the Development Services Committee at their meeting on July 14, 2020. Given the fact that no members of the public attended the July 14, 2020 Public Hearing regarding the Committee, staff do not anticipate that any public concerns or issues will arise for this rezoning application. In this regard, Planning Staff considers it appropriate for Council to consider passing the Zoning By-law Amendment immediately after the Public Meeting held by Council. Therefore, Staff recommends approval of Zoning By-law Amendment 2020-ZBA-18and has prepared a Zoning By-law Amendment for consideration by Council. The By-law prepared by Staff would rezone a portion of the subject lands from the Institutional (I) Zone to Agricultural/Rural Exception 325 (A/RU*325) Zone to accurately reflect the land use that is occurring on the lands, as well as recognizing the reduced side yard and rear yard setbacks for the existing accessory structures (refer to Schedule 5). Planning Staff is of the opinion that the Zoning By-law Amendment application is considered appropriate as it would be compatible with the agricultural/rural character of the area and is consistent with the Provincial Policy Statement and conforms to the Growth Plan and the Official Plans for the County and the Township. 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 its decision. Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement 2020 Development Services December 2, 2020 Report No. DS2020-155 Page 3 of 10 Page 243 of 295 7.b) DS2020-155, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Growth Plan for the Greater Golden Horseshoe 2019 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that this application is consistent with the following Strategic Goal of the Township: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, no comments have been received. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Schedule 4: Existing Zoning Schedule 5: Draft Zoning By-law Amendment Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2020-ZBA-18by Lacey Robson, Michael Van Muyen and Lynda Whiston be approved on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2019, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date Derek Witlib, Manager, Planning Services November 24, 2020 Andria Leigh, Director, Development Services November 25, 2020 Development Services December 2, 2020 Report No. DS2020-155 Page 4 of 10 Page 244 of 295 7.b) DS2020-155, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Development Services December 2, 2020 Report No. DS2020-155 Page 5 of 10 Page 245 of 295 7.b) DS2020-155, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Development Services December 2, 2020 Report No. DS2020-155 Page 6 of 10 Page 246 of 295 7.b) DS2020-155, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Development Services December 2, 2020 Report No. DS2020-155 Page 7 of 10 Page 247 of 295 7.b) DS2020-155, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Development Services December 2, 2020 Report No. DS2020-155 Page 8 of 10 Page 248 of 295 7.b) DS2020-155, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Schedule 5: Draft Zoning By-law Amendment The Corporation of the Township Of Oro-Medonte By-Law No. 2020-127 A By-law to amend the zoning provisions which apply to lands at Part West Part Lot 13, Concession 11 (Medonte) Township of Oro-Medonte 2020-ZBA-18 (Whiston) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 and 36 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands to prohibit the development of residential uses, in accordance with Section C1.3.1 of the Official Plan. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule ng By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part West Part Lot 13, Concession 11 (Medonte), Township of Oro-Medonte, from the Institutional (I) Zone to Agricultural/Rural Exception 325 (A/RU*325) Zone and forming part of this By-law. 2. Section 7.0 to Zoning By-law 97-95, as amended, is hereby further amended by adding the following subsection: 7.325 *325 Part West Part Lot 13, Concession 11 (Medonte), Township of Oro- Medonte (Whiston) Notwithstanding Section 5.1.3(b)(c) (Permitted Locations for Detached Accessory Buildings) and Section 5.1.6 (Maximum Floor Area), detached accessory buildings existing on the lands on the date of the passing of this By-law shall only be used for the purpose of a residential accessory building, and any new or replacement accessory building(s) and structure(s) shall comply with Section 5.1 of the Zoning By-law 3. attached to By-law No. 2020-127 is declared to form a part of this By-law. 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. nd By-Law read a First, Second and Third Time, and Passed this 2 Day of December, 2020. Development Services December 2, 2020 Report No. DS2020-155 Page 9 of 10 Page 249 of 295 7.b) DS2020-155, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... To By-Law No. 2020-127 Development Services December 2, 2020 Report No. DS2020-155 Page 10of 10 Page 250 of 295 7.c) DS2020-159, Andria Leigh, Director, Development Services re: Zoning... Report Report No. To: Prepared By: DS2020-159 Council Andria Leigh, Director, Development Services Meeting Date: Subject: Motion # December 2, 2020 Zoning By-law Amendment _____________________ Application 2020-ZBA-15 Roll #: R.M.S. File #: by Michael and Kelly Foley 4346-020-005-04546 D14-58408 46 Boyd Crescent Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2020-159 regarding a Zoning By-law Amendment applying to lands municipally known as 46 Boyd Crescent, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2020-ZBA-15 by Michael and Kelly Foley, specifically to rezone a portion of the subject lands from the Open Space (OS) Zone to the Residential One Exception 107 (R1*107) Zone for lands located at 46 Boyd Crescent, Township of Oro-Medonte, be approved. 3. That the Clerk bring forward the appropriate By-law for consideration. 4. And that the applicants be advised of CouncilDirector, Development Services signature. Background: Property Description The subject lands have a lot area of 364.8 sq. m. (3926.8 sq. ft.) are currently vacant and are intended to be merged with 18 Boyd Crescent the adjoining parcel that contains a single detached dwelling. Surrounding land uses predominantly consist of residential uses and the open space use (pond feature) within Block 63 (refer to Schedules 1 and 2). Development Proposal The purpose of the Zoning By-law Amendment application is to rezone a portion of the subject lands from the Open Space (OS) Zone to the Residential One Exception 107 (R1*107) Zone to be consistent with the zoning of the lands to which it is being merged (18 Boyd Crescent). The Development Services December 2, 2020 Report No. DS2020-159 Page 1 of 10 Page 251 of 295 7.c) DS2020-159, Andria Leigh, Director, Development Services re: Zoning... Zoning By-law Amendment is required to fulfill a condition of approval for Consent Application 2020-B-19, that wasgranted by theDevelopment Services Committee on October 7, 2020. The Committee granted provisional consent to permit the boundary adjustment subject to a number of conditions, including: that the applicant apply for, and obtain, an amendment to the zoning of the severed lands to rezone and permit the appropriate residential use. The lands subject to the Zoning By-law Amendment are located within the Moonstone Settlement Area, between Bachly Avenue and Boyd Crescent. The lands to be rezoned are currently vacant and as a result of the Consent decision will be merged with a residential property to the south (18 Boyd Crescent), which contains a dwelling unit. (Refer to Schedule 1 and 2). 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). Planning Staff is of the opinion that this application is consistent with the PPS as the proposed rezoning would permit development of an accessory building to the existing residential usethat is permitted and encouraged in Rural Settlement Areas such as Moonstone. or the application would not negatively impact the character of this area, and would be providing for further development associated with an existing residential dwelling. 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. Section 2.2.1.4 works to achieve complete communities that feature a mix of land uses. The proposed by-law amendment application relates to a change in the zoning from open space to residential for lands that were the subject of a boundary adjustment and are being added to an existing residential parcel within the Moonstone settlement area that is considered to conform to the policies of the Growth Plan. Development Services December 2, 2020 Report No. DS2020-159 Page 2 of 10 Page 252 of 295 7.c) DS2020-159, Andria Leigh, Director, Development Services re: Zoning... County of Simcoe Official Plan Moonstone is identified as a Plan states e approved Settlements 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 Planning Staff that this application conforms to the County Official Plan. However, since County comments have not been received as of the preparation of this report, it is recommended that the Committee have regard for any comments that may be received Township of Oro-Medonte Official Plan The subject lands are designated Rural Settlement Areain accordance with Official Plan. Rezoning the lands from Open Space to Residential One Exception 107 to allow for the accessory use to the residential dwelling is consistent with the objectives of the Rural Settlement Area Designation, that would permit the accessory use. Therefore, Planning Staff is of the opinion that the Zoning By-law Amendment application and therefore providing for additional development associated with the residential use conforms al Plan. Proposed Zoning By-law Amendment The lands subject to the application are zoned Open Space (OS) in the TownshipZoning By-law 97-95, as amended. As noted above, this Zoning By-law Amendment Application has been submitted to fulfill a condition of approval for Consent Application 2020-B-19, which went through a public process under the Planning Act and was approved by the Development Services Committee at their meeting on October 7, 2020. This zoning by-law amendment application was also the subject of a public meeting on November 12, 2020 at which time no public comments were received. The subject lands were created as a block within a plan of subdivision and contain a pond although are not considered to be part of the storm water facilities for this residential subdivision development. The portion of lands within Block 63 subject to the zoning by-law amendment however do not contain any portion of the pond feature. The benefitting lands (18 Boyd Crescent) are zoned Residential One Exception 107 (R1*107) and the zoning by-law amendment would rezone the lands intended to be merged with 18 Boyd Crescent to ensure one zone for the entire property. The R1*107 zone was put in place to recognize the minimum lot area of 1860.0 square metres for the residential lots contained within this plan of subdivision. Comments have been received from the Conservation Authority confirming their support for the zoning by-law amendment. On this basis, Staff recommends approval of Zoning By-law Amendment 2020-ZBA-15and has prepared a Zoning By-law Amendment for consideration by Council. Development Services December 2, 2020 Report No. DS2020-159 Page 3 of 10 Page 253 of 295 7.c) DS2020-159, Andria Leigh, Director, Development Services re: Zoning... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of Council be appealed to the Local Planning Appeal Tribunal and Council chooses to defend its decision. Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement 2020 Growth Plan for the Greater Golden Horseshoe 2019 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that this application is consistent with the following Strategic Goal of the Township: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. Public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: Building Division no comments. Development Engineering no objection. Simcoe Muskoka Catholic District School Board no comments. NVCA proposed site for the detached accessory structure appears to be outside the floodplain. Development will require a permit from the NVCA to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. The applicant is required to provide flood-proofing information to support the submitted permit application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Schedule 4: Draft Zoning By-law Amendment Development Services December 2, 2020 Report No. DS2020-159 Page 4 of 10 Page 254 of 295 7.c) DS2020-159, Andria Leigh, Director, Development Services re: Zoning... Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2020-ZBA-15by Michael and Kelly Foley 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. Respectfully submitted: Andria Leigh, RPP Director Development Services Approvals: Date Development Services December 2, 2020 Report No. DS2020-159 Page 5 of 10 Page 255 of 295 7.c) DS2020-159, Andria Leigh, Director, Development Services re: Zoning... Schedule 1: Location Map Development Services December 2, 2020 Report No. DS2020-159 Page 6 of 10 Page 256 of 295 7.c) DS2020-159, Andria Leigh, Director, Development Services re: Zoning... Schedule 2: Aerial Photo Development Services December 2, 2020 Report No. DS2020-159 Page 7 of 10 Page 257 of 295 7.c) DS2020-159, Andria Leigh, Director, Development Services re: Zoning... Schedule 3: A Development Services December 2, 2020 Report No. DS2020-159 Page 8 of 10 Page 258 of 295 7.c) DS2020-159, Andria Leigh, Director, Development Services re: Zoning... Schedule 4: Draft Zoning By-law Amendment The Corporation of the Township Of Oro-Medonte By-Law No. 2020-128 A By-law to amend the zoning provisions which apply to lands at Part Lot 11, Concession 9 (Oro) Township of Oro-Medonte 2020-ZBA-15 (Foley) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 and 36 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands in accordance with Section C3.2 of the Official Plan. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. -law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part of Block 63, Registered Plan 51M-679, Concession 8 (Medonte), Township of Oro-Medonte, from the Open Space (OS) to the Residential One Exception 107 (R1*107) Zone, as -law. 2. -law No. 2020-128 is declared to form a part of this By-law. 3. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. nd By-Law read a First, Second and Third Time, and Passed this 2 Day of December, 2020. The Corporation of the Township Of Oro-Medonte _____________________________ Mayor, H.S. Hughes ____________________________ Deputy Clerk, J. Teeter Development Services December 2, 2020 Report No. DS2020-159 Page 9 of 10 Page 259 of 295 7.c) DS2020-159, Andria Leigh, Director, Development Services re: Zoning... To By-Law No. 2020-118 The Corporation of the Township of Oro-Medonte -Law 2020-128 passed the 2nd day of December, 2020. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, J. Teeter (Application 2020-ZBA-15) Development Services December 2, 2020 Report No. DS2020-159 Page 10of 10 Page 260 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Report Report No. To: Prepared By: DS2020-160 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # December 2, 2020 Draft Plan of Subdivision _____________________ Application 2020-SUB-01 Roll #: R.M.S. File #: (2639025 Ontario Inc. Oro 4346-010-003-32900 D12 57956 Station Automotive and 4346-010-003- Innovation Park) 33000 Part of Lots 18 and 19, Parts 1 and 2, 51R-39330, Con. 8 (Oro), Township of Oro- Medonte Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-160 be received and adopted. 2. That Draft Plan of Subdivision Application 2020-SUB-01 (2639025 OntarioInc.) known as Oro Station Auto Innovation Park, consisting of 4 Industrial Blocks, as shown on Schedule 4 to Report No. DS2020-160 be approved, subject to the conditions set out in Schedule 6. 3. And that the applicant be advised of decision under the Director, Development Services signature. Background: The subject lands are located within the Lake Simcoe Regional Airport Economic Employment District in accordance with the Provincial Growth Plan and are located across Line 7 from the Lake Simcoe Regional Airport. The lands have approximately 1120 metres (3674 feet) of frontage on Line 7 North and are approximately 86.1 hectares (212.75 acres) in area. The lands were the subject of a previous draft plan of subdivision approval for 23 industrial lots; however that draft plan approval has since lapsed. Development Services December 2, 2020 Report No. DS2020-160 Page 1of 35 Page 261 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... issued on November 1, 2019 to permit a range of automotive related industrial uses in addition to the already permitted airport related and other industrial uses. On March 30, 2020 the applicant submitted a Draft Plan of Subdivision application to the Township to facilitate the development of a four (4) block industrial development on the subject lands. Supporting documents submitted with the application included: Planning Justification Report; Environmental Impact Study (Natural Heritage Assessment); Archaeological Assessment; Functional Servicing and Preliminary Stormwater Management Report; and Traffic Impact Study The application was deemed complete and was subsequently circulated to relevant Township departments and external agencies for review and comments. A statutory Public Meeting was held on September 2, 2020 to receive comments from members of the Committee and the public with regards to the proposed draft plan of subdivision. A number of comments were received both from the public and Township staff/external agencies pertained to matters of servicing (water, sewage, and stormwater), potential noise impacts, use and land use compatibility, and natural heritage. In addition, a series of technical agency comments were received and provided t consultants following the Public Meeting. consultant provided a summary (see Schedule 7) to the Township on how all of the comments (agency and public) received had been addressed either through the current draft plan of subdivision process or the required Site Plan Approval process in the future. The purpose of this report is to consider the application made by Innovative Planning Solutions of behalf of 2639025 Ontario Inc. for a Draft Plan of Subdivision. A Location Map and Aerial Photo of the subject lands are included as Schedules 1 and 2. The proposed Draft Plan is included as Schedule 3. This report reviews the comments made by agencies and the public with respect to the application during the public consultation process and provides recommendations to the Committee with respect to the Draft Plan of Subdivision. Property Description The lands subject to this application have a land area of 86.1 hectares (212.75 acres). The draft plan of subdivision application proposes 4 industrial blocks that will provide for the phased development of the entirety of the lands; these blocks range in lot area from 0.8 hectares to 37.3 hectares. A conceptual plan for the entire development is shown on Schedule 5. The subject lands will also be the subject of future Site Plan Approval and Plan of Condominium applications under the Planning Act. Development Services December 2, 2020 Report No. DS2020-160 Page 2of 35 Page 262 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... The surrounded land uses include the Lake Simcoe Regional Airport to the west, agricultural uses to the north, rural industrial, a campground, and residential uses to the south, and agricultural/rural and a dog kennel use to the east. The lands are designated Industrial, Environmental Protection One and Environmental Protection Two Overlay by the TownshipOfficial Plan. Permitted uses in the Industrial designation include and/or warehousing uses, research establishments, wholesaling establishments, portable The Environmental Protection designations relate to a portion of the property in the south east corner related to a significant woodland/wetland feature. The applicants are proposing a range of industrial uses in accordance with the permitted uses ; although the plan of subdivision application is intended only to create the 4 industrial blocks that will be further designed/developed through the Site Plan Approval process. The Site Plan Approval is required in developments. Analysis: Planning Staff has reviewed the proposed Draft Plan of Subdivision in the context to relevant planning policies and legislation contained in the Township of Oro-Medonte Official Plan, County of Simcoe Official Plan, A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), the Provincial Policy Statement (2020) and the Lake Simcoe Protection Plan, as detailed below. 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. 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. Specifically, Section 1.1.4 Rural Areas, Section 1.1.5 Rural Lands, and Section 2.1 Natural Heritage are applicable to this application. This application is associated with the development of an industrial park that promotes economic development in the Township on lands that are designated for Industrial growth that would be considered to be consistent with the PPS by providing for a range of employment uses that are compatible with the rural landscape and rural service levels and the appropriate infrastructure. The application is also consistent with the Natural Heritage policies of the PPS, as the proposed industrial development will not be located within those lands designated environmental protection, and will require approval from the Lake Simcoe Region Conservation Authority as identified in the Draft Plan Conditions and as part of the Site Plan Approval process. Development Services December 2, 2020 Report No. DS2020-160 Page 3of 35 Page 263 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.5 Employment is applicable to this application. This section promotes economic development through making more efficient use of existing employment areas and vacant employment lands, such as the subject lands, and providing for a variety of employment uses, such as being proposed. The application would also align with the Township Official Plan policies that designate the lands for industrial uses with As noted above, this section has been reviewed and Planning Staff is of the opinion that the proposed industrial plan of subdivision that would support industrial uses permitted through the existing industrial land use designation and zoning is consistent with the Employment policies in the Growth Plan. Lake Simcoe Protection Plan Portions of the subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA), are located within the Lake Simcoe watershed and are therefore subject to the policies of the Lake Simcoe Protection Plan (LSPP). The LSPP is a comprehensive plan that was issued by the Province of Ontario in 2009 in orderto protect and restore the ecological health of Lake Simcoe and its watershed. As a result, the LSRCA has been consulted on this application and has provided technical comments as outlined in their September 20, 2020 submission to the Township and the s consultant. The consultant provided responses to these technical review comments on October 30, 2020. No further response to date has been received from the LSRCA but is expected prior to the meeting. As a result, while some draft plan conditions have been incorporated (see Schedule 6), in order to ensure the and other Provincial Policies regard should be given to the inclusion of any additional comments/conditions received from the LSRCA. As the lands will be subject to Site Plan Approval applications, the LSRCA will be required to provide additional technical review of these more detailed design submissions and Planning Act applications. The development or site alteration on the lands is also subject to obtaining the required permits under O. Reg. 179/06 and the Conservation Authorities Act from the LSRCA. County of Simcoe Official Plan The lands are designated Lake Simcoe Regional Airport Economic Employment District (LSRAEED) as per Schedule 5.1 of the County of Simcoe Official Plan. Section 3.9.1 of the PlanLake Simcoe Regional Airport Economic Employment District, development will be in accordance with the directive issued by the Minister of Infrastructure on September 24, Development Services December 2, 2020 Report No. DS2020-160 Page 4of 35 Page 264 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... bdivision will facilitate the future development of these lands through Site Plan Approval and Plan of Condominium applications for each of the 4 Zoning Order in 2019 that provides for additional uses beyond the Ministers Directive. Section 3.3.2 provides the policy framework for the Subdivision of land by plan of subdivision or consent, or plans of condominium provided it is for land uses that are permitted in the designation. The proposed plan of subdivision will create 4 industrial blocks in accordance with the employment designation and uses. Further Section 3.3.9 provides the policy framework for the required subdivision agreement that is noted in the draft plan conditions. Based on the above, the application is considered to confirm to the County of Simcoe Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated Industrial, Environmental Protection One, and Environmental Protection Two . The Industrial designation as outlined in Section C8 permits manufacturing, assembly, processing, fabrication, storage and/or warehousing uses and research establishments, wholesaling establishments, portable asphalt plants and similar uses by way of Plan of Subdivision on private individual wells and septic services where municipal services are not available, as proposed by this application. The Environmental protection designations as discussed above, apply to the South East corner of Block 3 on the proposed draft plan and are not proposed to be developed. The plan of subdivision application proposes the creation of 4 blocks for industrial development in conformity with . Development on the subject lands is also subject to the policies in Section C8.5.2 Special Development Policy for West Half of Lots 18 and 19, Concession VIII (Oro) as outlined below. C8.5.2 Special development policy for the West Half of Lots 18 and 19, Concession 8 (Oro) Prior to the consideration of any Plan of Subdivision on the lands located in the West Half of Lots 18 and 19, Concession 8, it shall be a policy of this plan to require the landowners to prepare a Comprehensive Development Plan. The Comprehensive Development Plan shall dealwith such issues as: a) the means by which sewer and water will be provided in the area with all forms of sewage disposal being considered including higher forms of servicing such as Development Services December 2, 2020 Report No. DS2020-160 Page 5of 35 Page 265 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... municipalsewagetreatmentsystemsorcommunalsystems; th b) the nature, extent and timing of improvements on the 7Line and the impactsof th development on the Highway 11, 7 Line interchange and the County roads in the area. c) the proposed form, scale and density of industrial development d) the means by which the area is to be accessed by roads taking into account the existing locations of entrances to the Lake Simcoe Regional Airport; and, e) the means by which stormwater quality and quantity is to be managed on site. The Township will consult the appropriate agencies prior to the approvalof a Comprehensive Development Plan. Section C8.5.2 requires the landowner to prepare a Comprehensive Development Plan area with all forms of sewage disposal being considered including higher forms of ser reports submitted with this application noted above address this policy. Section C8.3 (Industrial y be serviced by private water and sewage systems, as being proposed through the . The Functional Servicing Report prepared by Tatham Engineering, demonstrates that the site can be appropriately serviced through private wells and water pumping stations as needed, on site private sewage treatment and disposal (including pump stations as needed) and on site stormwater management controls to provide quality and quantity controls, to be further addressed through the site plan application process. The proposed form, scale, and density of development would be addressed more appropriately through the future site plan approval application; however wording will be contained in the draft plan conditions and subdivision agreement to ensure this is addressed at that time. From a transportation perspective, necessary road improvements and widening requirements were reviewed through the Traffic Impact Study prepared by Tatham Engineering. The Ministry of Transportation (MTO) has confirmed based on the study that no further review or permit is required from the MTO. The Townsihps Operations Department has confirmed the requirement for a road widening along the Line 7 frontage of the subject lands that has been included as a draft plan condition. Township of Oro-Medonte Zoning By-law 97-95, as amended The lands are that identifies the following uses: Development Services December 2, 2020 Report No. DS2020-160 Page 6of 35 Page 266 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Public, Department and External Agency Comments The Draft Plan of Subdivision application and the associated background studies and reports have been reviewed by various Township departments and external agencies. In response to comments received, (see Schedule 7). Public comments raised at the Public Meeting consisted of questions regarding the nature of the uses, noise associated with the proposed automotive track, lack of details on the proposed plan of subdivision, proposed access and servicing. As a result of the circulation comments, Township Staff prepared Conditions of Draft Plan Approval as contained in Schedule 6 to address all of the necessary requirements. been adequately addressed in order to permit this proposed development to proceed to Draft Plan Approval, with the exception of the LSRCA who have indicated comments are expected prior to the meeting. The following is a summary of the department and agency comments that were received. Development Engineering Division The Manager, Development Engineering reviewed and commented on the draft plan, the functional servicing and preliminary stormwater management report, and traffic Development Services December 2, 2020 Report No. DS2020-160 Page 7of 35 Page 267 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... impact study. As a result, have advised that Detailed Engineering Design will be required / forthcoming as part of the Development Approvals process (Site Plan Approval) and that individual / site specific servicing design will occur within the development to accommodate the various internal development components (Specifically the track, buildings, garages, swm, sanitary, roads, water supply and other servicing infrastructure). Operations and Community Services Department The Manager, Infrastructure and Capital Projects has confirmed that as a condition of draft plan approval the applicant will be require to: 1. Provide a 3.0m road widening across the entire frontage of the property; and 2. Provide Cash in lieu of parkland in accordance with the Planning Act Additionally he has noted the Departments preference for the proposed entrances for the development to align with the existing entrances on the west side of Line 7 South on the Lake Simcoe Regional Airport lands. Lake Simcoe Region Conservation Authority (LSRCA) LSRCA Staff has reviewed the application and provided their comments in a letter in st addition to 1 Functional Review Submissions for Planning, Hydrogeology, and Engineering dated September 20, 2020. At this time, there continue to be outstanding comments from the LSRCA in response to the follow up by the Applicants consultant. Conditions of Draft Plan Approval have been included, and may be required to be amended based on LSRCA further comments to ensure the LSRCA approvals are obtained through the Site Plan Approval, Plan of Condominium applications and/or a more detailed design process. Ministry of Tourism, Culture and Sport As part of the application process the applicant was required to complete an archaeological assessment on the subject lands and the report concluded that no archaeological remains are found on the site. Standard Draft Plan Conditions have been included with respect to Ministry of Tourism, Culture and Sport requirements and needed clearance. Other Agencies Standard draft plan conditions for Bell Canada, Canada Post, Powerstream, Hydro One, and Enbridge Gas haven been included in the proposed conditions. As an industrial plan of subdivision proposal, no conditions are required to address either the Simcoe Muskoka Catholic District School Board or the Simcoe County District School Board. Development Services December 2, 2020 Report No. DS2020-160 Page 8of 35 Page 268 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... 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: Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) Lake Simcoe Protection Plan Planning Act, R.S.O. 1990, c. P.13 County of Simcoe and Township of Oro-Medonte Official Plans Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Goals of the Plan are relevant to this application: Balanced Growth Consultations: Public Meeting External Agencies Internal Township Departments Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Township Official Plan Schedule 4: Draft Plan of Subdivision Schedule 5: Concept Plan Schedule 6: Proposed Conditions of Draft Plan Approval Schedule 7: Development Services December 2, 2020 Report No. DS2020-160 Page 9of 35 Page 269 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Conclusion: in support of its proposal to construct a 4 block industrial development that will be the subject of individual Site Plan Approval applications for each block. The applicant has addressed the relevant issues raised during the circulation of the applications with the exception of the LSRCA. As noted, the property will be the subject of Site Plan Approval that will include the detailed engineering design and technical review by both Township departments and external agencies prior to consideration of permits. This would be similar to a plan of condominium type process where the blocks are created for legal purposes and then subject to the Site Plan Approval process for the details development. The submitted Draft Plan of Subdivision application is consistent with the Provincial Policy Statement, and conforms to the Growth Plan, the Lake Simcoe Protection Plan (pending LSRCA comments), the County of Simcoe Official Plan requirements of Section 51(24) (Subdivision of Land) of the Planning Act. In light of the preceding, Planning Staff is of the opinion that the proposed development is appropriate and represents good planning, and it is recommended that Development Services Committee approve the Draft Plan of Subdivision application and associated draft plan conditions as outlined and described in this report. Respectfully submitted: Andria Leigh, RPP, Director, Development Services Development Services December 2, 2020 Report No. DS2020-160 Page 10 of 35 Page 270 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Schedule 1: Location Map Development Services December 2, 2020 Report No. DS2020-160 Page 11 of 35 Page 271 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Schedule 2: Aerial Photo Development Services December 2, 2020 Report No. DS2020-160 Page 12 of 35 Page 272 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Schedule 3: Township Official Plan Development Services December 2, 2020 Report No. DS2020-160 Page 13 of 35 Page 273 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Schedule 4: Draft Plan Development Services December 2, 2020 Report No. DS2020-160 Page 14 of 35 Page 274 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Schedule 5: Concept Plan Development Services December 2, 2020 Report No. DS2020-160 Page 15 of 35 Page 275 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Schedule 6: Proposed Conditions of Draft Plan Approval Conditions of Draft Plan Approval The Township of Oro-final Plan approval for registration of this Plan of Subdivision are as follows: _____________________________________________________________________ No. Condition _____________________________________________________________________ Township of Oro-Medonte Planning Services 1. This approval applies to the draft plan of subdivision prepared by Innovative Planning Solutions, dated and signed March 23, 2020, located in Part of Lots 18 and 19, Parts 1 and 2, 51R-39330, Concession 8 (former geographic Township of Oro), Township of Oro-Medonte, which shows a total of 4 industrial blocks. 2. Prior to final approval of the Plan, the Owner shall provide the Township with evidence in the form of an Ontario Land Surveyor Certificate that: a) Any existing buildings or structures on the lands as of the date of final approval, are situated so as to comply with applicable zoning by-laws after registration of the plan; and, b) All lot frontages and lot areas within the plan conform to the Township of Oro-Medonte Zoning By-law. 3. That the Owner shall agree in the Subdivision Agreement that a municipal numbering system be assigned to the satisfaction of the Township of Oro- Medonte. 4. That the Owner shall enter into a subdivision agreement with the Township of Oro-Medonte, agreeing to satisfy all conditions, financial and otherwise, of the Township of Oro-Medonte. 5. That the subdivision agreement between the Owner and the Township of Oro- Medonte be registered by the Municipality against the lands to which it applies, pursuant to the provisions of the Planning Act. 6. The Owner shall agree in the Subdivision Agreement that all applicable Development Charges will be paid when the Building Permit is received in -law, the County of Development Services December 2, 2020 Report No. DS2020-160 Page 16 of 35 Page 276 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Simcoe Development Charges By-law and Education Charges By-law subject to any applicable development charge credits and any other agreements with the Township and/or the County. 7. The Owner shall agree in the Subdivision Agreement to pay cash-in-lieu of parkland in accordance with the requirements of the Planning and/or Municipal Act to the satisfaction of Council. 8. That prior to final Plan approval, the road allowances, including daylighting triangles, included within this draft plan of subdivision shall be dedicated as public highways to the Township of Oro-Medonte without monetary consideration and free of all encumbrances. 9. The Owner shall agree in the Subdivision Agreement that if 0.3 metre reserves are required on the final Plan, they shall be conveyed to the Township of Oro- Medonte without monetary consideration and free of all encumbrances. 10. The Owner shall agree in the Subdivision Agreement that a 3.0 metre road widening along the Line 7 frontage is required to be shown on the final Plan, and shall be conveyed to the Township of Oro-Medonte without monetary consideration and free of all encumbrances. Development Engineering 11. That the final alignment and radii of all roads be designed and constructedto the satisfaction of the Township of Oro-Medonte in accordance with the Township of Oro-, Process and Design Standards. The costs of all construction will be at the expense of the Owner. 12. The Owner shall agree in the Subdivision Agreement that construction access shall be provided only in a location approved by the Township. 13. The Owner shall agree in the Subdivision Agreement that all portions of public highways (rights-of-ways) which are not to be paved and all drainage swales on public or private property shall be graded and sodded in accordance with the standards of the Township. 14. The Owner shall agree in the Subdivision Agreement to grade and seed all undeveloped lands within the plan, other than conservation lands, and to maintain, to the satisfaction of the Township, all undeveloped lands within the plan. 15. Prior to final Plan approval, the Owner shall provide adequate storm drainage outlets including any necessary drainage easements to the satisfaction of the Township of Oro-Medonte. Development Services December 2, 2020 Report No. DS2020-160 Page 17 of 35 Page 277 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... 16. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 17. That the Owner to the satisfaction of the Township of Oro-Medonte provide adequate storm drainage outlets including any necessary easements. 18. That the Owner shall agree in the Subdivision Agreement, that such easements and land dedications as may be required for access, drainage, servicing, utilities and construction purposes shall be designed to the satisfaction of, and granted to the Township of Oro-Medonte and the appropriate agencies or authorities, free and clear of all encumbrances, to the satisfaction of the Township of Oro- Medonte and all appropriate agencies or authorities. Such easements shall be dedicated to the appropriate approval authority at 19. That prior to final Plan approval, an Environmental Compliance Approval from the Ministry of the Environment, Conservation and Parks be obtained with respect to ownership and operation of the stormwater management facilities. 20. That prior to final Plan approval, a plan or plans shall be prepared to the satisfaction of the Township Manager, Development Engineering showing: a) drainage control measures; b) general lot grading including existing and proposed elevations; c) building envelopes; d) erosion control measures; e) location and type of drinking water supply; f) location and type of sewage disposal system; f) locations of streetscape features, utilities, driveways and landscaping; g) design details for the emergency access; and g) location of all existing wells on abutting properties. These above-noted approved plan(s) will form part of the Subdivision Agreement with the Township of Oro-Medonte. The O Consulting Engineer may be required to check the elevationsof the building footings and top of foundation, prior to further construction, to ensure conformity with the approved plans noted above. 21. The Owner shall agree in the Subdivision Agreement that shall be required, prior to the issuance of a Final Inspection Report, to certify in writing that the installed works have been carried out in accordance with the approved plans. 22. satisfaction of the Township Engineering Consultant, provide an Operation and Maintenance Manual for the stormwater management facility. Development Services December 2, 2020 Report No. DS2020-160 Page 18 of 35 Page 278 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... 23. The Owner shall provide to the Township, engineering drawings for, and shall agree in the Subdivision Agreement to install in accordance with the standards and specifications of the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards, storm sewer works, adequate pavement width for roadways, street lighting, regulatory signs, street name signs, municipal address signs and any other services or facilities as required. All lands to be conveyed to the Township and all easements shall be shown on the engineering drawings. The Owner shall obtain the approval of the Ministry of the Environment, Conservation and Parks, by way of certificate of approval, for the installation of storm sewer works. 24. That prior to final Plan approval, an Environmental Compliance Approval from the Ministry of the Environment, Conservation and Parks be obtained with respect to ownership and operation of the water facilities, if required. 25. That prior to final Plan approval, an Environmental Compliance Approval from the Ministry of the Environment, Conservation and Parks be obtained with respect to ownership and operation of the waste water facilities, if required. 26. That the Owner shall agree in the Subdivision Agreement to install, to the satisfaction of the Township of Oro-Medonte, fencing in accordance with the standards of the Township of Oro-Medonte along the limit of any Storm Water Management Facilities, if required. 27. The Owner shall agree in the Subdivision Agreement: a) To be responsible for the proper drainage within this draft Plan of Subdivision and the effect of such drainage on all lands abutting this draft plan; b) That all lot and block grading plans shall be prepared by the Consulting Engineer Engineering Policies, Process and Design Standards and to provide individual lot grading plans for each lot on the plan prior to the issuance of building permits; c) That for the purpose of preparation of the overall lot and/or block grading plans and the individual lot grading plans, the Owner shall comply with the Township Zoning By-law with respect to usable yard criteria; and d) To develop the lands within the plan in accordance with the approved grading plans and individual lot grading plans. 28. Prior to any grading, stripping or servicing of the lands included within the draft plan, the Owner shall provide a detailed Stormwater Management Report. This report shall be completed to the satisfaction of the Manager, Development Development Services December 2, 2020 Report No. DS2020-160 Page 19 of 35 Page 279 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Engineering and shall address: a) Stormwater management retention and conveyance methods, low impact development and end-of pipe practices to be implemented within and external to the draft plan to address water quantity, water quality and erosion control; b) The protection of groundwater quality and quantity; c) The stormwater management design, inspection, operation and maintenance procedures and associated costs; and, d) Erosion and sediment control measures to be implemented before stripping and grading of the subject lands to protect downstream watercourses and environmental features. Lake Simcoe Region Conservation Authority (LSRCA) 29. Prior to final Plan approval, the following shall be prepared to the satisfaction of the Lake Simcoe Region Conservation Authority (LSRCA) and the Township of Oro-Medonte: a) A detailed Stormwater Management Report in accordance with Lake Simcoe Region Conservation Authority Technical Guidelines for Stormwater Management Submissions and in conformity with the Stormwater Management Master Plan approved under Strategic Action 4.5-SA of the Lake Simcoe Protection Plan; b) A detailed erosion and sediment control plan; c) A detailed grading and drainage plan; d) A Natural Heritage Evaluation; e) A Detailed Lot Impact Development (LID) Evaluation demonstrating the means to maximize the use of LID measures consistent with Policy 1.6.6.7 of the Provincial Policy Statement (2020). 3 0. Prior to final Plan approval, the following shall be undertaken to the satisfaction of the LSRCA in accordance with Designated Policy 6.40 of the Lake Simcoe Protection Plan and the Lake Simcoe Protection Plan Water Budget Policy for LSPP 4.8-DP and 6.40-DP: a) Detailed Hydrogeological Report / Water Balance; b) Compensatory measures if required. 3 1. Prior to final Plan approval, the following shall be undertaken to the satisfaction of the LSRCA in accordance with the LSRCA Phosphorus Offsetting Policy: a) Phosphorus budget; b) Compensatory measures if required. 3 2. Prior to final Plan approval, it shall be demonstrated to the satisfaction of the LSRCA and the Township of Oro-Medonte that all LID/SWM facilities be located within a Municipal Easement or ROW. Development Services December 2, 2020 Report No. DS2020-160 Page 20 of 35 Page 280 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... 3 3. The Owner shall agree in the Subdivision Agreement to carry out, or cause to be carried out, the recommendations and requirements contained within the plans and reports as approved by the LSRCA and the Township of Oro-Medonte. 3 4. The Owner shall agree in the Subdivision Agreement to retain a qualified professional to certify in writing that the works were constructed in accordance with the plans and reports as approved by the LSRCA and the Township of Oro- Medonte. 35. The Owner shall agree in the Subdivision Agreement to ensure that proper erosion and sediment control measures will be in place in accordance with the approved Grading and Drainage Plan, and Erosion and Sediment Control Plan prior to any site alteration or grading. 36. The Owner shall agree in the Subdivision Agreement to grant any easements required for storm water management purposes to the Township of Oro- Medonte. 37. Prior to final Plan approval, the Owner shall pay all development fees to the LSRCA in accordance with the approved fees policy, under the Conservation Authorities Act. 38. The Owner shall agree in the Subdivision Agreement to maintain all existing vegetation up until a minimum of 30 days prior to any grading or construction on- site in accordance with 4.20b.-DP of the Lake Simcoe Protection Plan. 39. The Owner shall agree in the Subdivision Agreement to indemnify and save harmless the Township of Oro-Medonte and the LSRCA from all costs, losses, damages, judgements, claims, demands, suits, actions, or complaints resulting from any increased flooding or erosion to property and people as a result of the approved storm water management scheme. The Owner shall obtain and maintain in full force and effect general liability insurance with respect to the storm water management works and system during the period that the Owner is responsible for operating and maintaining the stormwater management works and system. Utilities 40. That the Owner agree in the Subdivision Agreement to make satisfactory arrangements for the construction of utilities including but not limited to electrical, telephone, natural gas and cable television (if available in the area). 41. That such easements as may be required for utility purposes shall be granted to the appropriate authority. Development Services December 2, 2020 Report No. DS2020-160 Page 21 of 35 Page 281 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... 42. The Owner shall indicate in the Subdivision Agreement, in words satisfactory to Bell Canada, that it will grant to Bell Canada any easements that may be required, which may include a blanket easement, for communication/telecommunication infrastructure. In the event of any conflict with existing Bell Canada facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements. Ministry of Tourism, Culture and Sport 4 3. That prior to final Plan approval the Owner shall submit to the Township of Oro- Medonte an archaeological assessment to be conducted of the development site by a licensed archaeologist and adverse impacts to any significant archaeological resources found on the site be mitigated through preservation or resource removal and documentation. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Tourism, Culture and Sport confirming that all archaeological resource concerns have met licensing and resource conservation requirements. NOTE: A copy of the archaeological assessment report is to be submitted to the County of Simcoe Planning Department for information. Clearance of Conditions Prior to granting approval to the final Plan, the Town Development Services Department will require written notification from the following agencies that their respective conditions have been met satisfactorily: The Township of Oro-Medonte shall advise that Conditions 1-43 inclusive have been satisfied. The Lake Simcoe Region Conservation Authority shall advise that Conditions 29- 39 inclusive have been satisfied. Bell Canada shall advise how Condition 4 2 has been satisfied. The Ministry of the Environment, Conservation and Parks shall advise how Conditions 23-25 has been satisfied. The Ministry of Tourism, Culture and Sport shall advise how Condition 43 has been satisfied. Notes to Draft Plan Approval 1. It is the applicant's responsibility to fulfill the conditions of Council's approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Township of Oro-Medonte, Development Services Department, 148 Line 7 South, Oro-Medonte, ON L0L 2E0, quoting Township file number 2020-SUB-01. Development Services December 2, 2020 Report No. DS2020-160 Page 22 of 35 Page 282 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... 2. Land Required to be Registered Under the Land Titles Act: (a) Section 160(1) of The Land Titles Act, which requires all new plans be registered in land titles systems; (b) Section 160(2) allows certain exceptions. 3. Stormwater System: Inauguration or extensions of a storm drainage system or a stormwater management system is subject to approval of the Ministry of the Environment, Conservation and Parks (Approvals Branch) pursuant to The Environmental Protection Act, R.S.O. 1990. 4. The Township of Oro-Medonte uses a 0.3 metre reserve to notify the public that access to the Municipal highway will not be granted across the reserve. It should be shown as a block on the final Plan outside the road allowance. Deeds in triplicate conveying this reserve to the Corporation of the Township of Oro- Medonte together with the proposed final Plan should be sent to the municipal Clerk. 5. Hydro One wishes to advise the developer of the following: a) The costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the developer b) Any easement rights of Hydro One are to be respected. c) The developer should contact the local Hydro One Area Office to verify if any low voltage distribution lines may be affected by the proposal. 6. Bell Canada wishes to advise the developer of the following: a) The developer shall contact Bell Canada during detailed design to confirm the provision of communication/telecommunication infrastructure needed to service the development. b) Prior to commencing any work, the developer must confirm that sufficient wire-line communication/telecommunication infrastructure is available. In the event that such infrastructure is unavailable, the developer shall be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. c) If the developer elects not to pay for the above noted connection, then the developer will be required to demonstrate to the satisfaction of the Municipality that sufficient alternative communication/telecommunication will be provided to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e., 911 Emergency Services). 7. Enbridge Gas Distribution wishes to advise the developer of the following: a) The developer shall contact Connections department by emailing SalesArea50@enbridge.com for service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not Development Services December 2, 2020 Report No. DS2020-160 Page 23 of 35 Page 283 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. b) If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the developer. c) In the event that easement(s) are required to service this development, the developer will provide the easement(s) to Enbridge Gas Distribution at no cost. d) The developer will grade all road allowances to as final elevation as possible, provide necessary field survey information and all approved municipal road cross sections, identifying all utility locations prior to the installation of the gas piping. 8. Lake Simcoe Region Conservation Authority (LSRCA) wishes to advise the developer of the following: a) The owner shall agree, prior to final plan approval, to pay all development fees to the LSRC as required in accordance with the LSRCA under the Conservation Authorities Act. 9. To obtain verification that the agency conditions are fulfilled, the Township of Oro- Medonte shall provide the following agencies with a copy of the Subdivision Agreement to be executed, a copy of the draft M-Plan: a) Lake Simcoe Region Conservation Authority b) Ministry of the Environment Conservation, and Parks c) Canada Post 10. To obtain verification that the agency conditions are fulfilled, the Owner shall provide each agency a letter detailing how conditions of draft plan approval have been fulfilled. 11. The final Plan approved by the Township of Oro-Medonte must be registered within 30 days or the Township may withdraw the approval under Section 51(59) of the Planning Act, R.S.O. 1990 12. All measurements in the subdivision final Plan must be presented in metric units. 13. Clearances are required from the following agencies: Corporation of the Township Ministry of Tourism, Culture & Sport th of Oro-Medonte 400 University Avenue, 4 Floor Box 100 Toronto ON M7A 2R9 Oro Station ON LOL 2X0 Development Services December 2, 2020 Report No. DS2020-160 Page 24 of 35 Page 284 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Lake Simcoe Region Canada Post Conservation Authority Delivery Planning 120 Bayview Parkway 200-1860 Midland Ave Newmarket ON L3Y 3W3 Scarborough ON M1P 5A1 Ontario Ministry of Environment, Conservation and Parks Barrie District Office 54 Cedar Pointe Dr #1201 Barrie ON L4N 5R7 If the agency conditions concern conditions in the Subdivision Agreement, a copy of the relevant section of the agreement should be sent to them. This will expedite clearance of the final Plan. 14. Please note that an updated review of the plan, and revisions to the conditions of approval, may be necessary if an extension is to be granted. 15. Please be advised that the approval of this draft plan will lapse on December 2, 2022. This approval may be extended pursuant to subsection 51(33) of the Planning Act, but no extension can be granted once the approval has lapsed. 16. Draft approval shall automatically and irrevocably lapse if final Plan approval is not given to this plan within three (3) years of the approval date and no extensions have been granted. If the Owner wishes to request an extension to the draft approval period, a written explanation shall be submitted to the Township of Oro-Medonte at least ninety (90) days prior to the lapsing with reasons why the extension is required. A resolution from Township Council must also be obtained prior to the lapsing date. Subject to the conditions set forth above, this Draft Plan is approved under Section 51 of the Planning Act R.S.O. 1990, Chapter 13, as amended. nd This 2 day of December, 2020 ______________________________________ Director of Development Services, Township of Oro-Medonte Development Services December 2, 2020 Report No. DS2020-160 Page 25 of 35 Page 285 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Development Services December 2, 2020 Report No. DS2020-160 Page 26 of 35 Page 286 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Development Services December 2, 2020 Report No. DS2020-160 Page 27 of 35 Page 287 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Development Services December 2, 2020 Report No. DS2020-160 Page 28 of 35 Page 288 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Development Services December 2, 2020 Report No. DS2020-160 Page 29 of 35 Page 289 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Development Services December 2, 2020 Report No. DS2020-160 Page 30 of 35 Page 290 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Development Services December 2, 2020 Report No. DS2020-160 Page 31 of 35 Page 291 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Development Services December 2, 2020 Report No. DS2020-160 Page 32 of 35 Page 292 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Development Services December 2, 2020 Report No. DS2020-160 Page 33 of 35 Page 293 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... Development Services December 2, 2020 Report No. DS2020-160 Page 34 of 35 Page 294 of 295 7.d) DS2020-160, Andria Leigh, Director, Development Services re: Draft ... 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