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01 06 2021 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Wednesday, January 6, 2021 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. 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 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. 3. Disclosure of Pecuniary Interest: Page 1 of 276 4. Approval of Minutes: 4 - 18a) Minutes of Development Services Committee meeting held on Wednesday, December 2, 2020. 5. Public Meetings: 19 - 37 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, Concession 3 Part Lots 21 and 22 (Oro), municipally known as 274 Line 3 South, 2020-ZBA-19 (Hewitt Creek Farms Ltd.) \[Refer to Items 7a) and 5a) 01 06 2020 Council Agenda\]. 6. Public Hearings: 38 - 71 a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2020-A-65, David Phillips 2 Hlynka Place. 72 - 96 b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance Application 2020-A-66, Big Cedar Residents Assoc. & William Bennett, 57 Tamarack Drive. 97 - 119 c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance Application 2020-A-67, Olga Schrage and Edmund Daniel, 7 Memorial Crescent. 120 - 149 d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Minor Variance Application 2020-A-68, Cynthia & Timothy Ferris, 37 Moon Point Drive. 150 - 182 e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent Application 2020-B-28 by Kent and Stacey MacGregor, 654 Ridge Road West. 183 - 211 f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance Application 2020-A-69, Larry Venne, 241 Eight Mile Point Road. 212 - 236 g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Minor Variance Application 2020-A-70, James Kelman-Finlay, Shannon Geniole and Donald Geniole, 392 Line 10 South. 7. Reports of Municipal Officers: 237 - 251 a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-law Amendment Application 2020-ZBA-19 by Hewitt Creek Farms, 274 Line 3 South. 252 - 268 b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Application 2020-B-24 & Minor Variance Application 2020-A-52 by 1783048 Ontario Ltd., 31 Bay Street. Page 2 of 276 269 - 276 c) DS2020-144, Andria Leigh, Director, Development Services re: 2018-ZBA-16 Commercial Accommodations Local Planning Appeal Tribunal (LPAT) Hearing Representation. 8. Next Meeting Date: Wednesday, February 3, 2021. 9. Adjournment: a) Motion to Adjourn. Page 3 of 276 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 4 of 276 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 5 of 276 4.a) Minutes of Development Services Committee meeting held on Wednesday... 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Page 17 of 276 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 18 of 276 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-19 (Hewitt Creek Farms Ltd.) Due to the evolving public heath situation (COVID-19), effective March 17, 2020 at 8:30 am the Township of Oro-Medonte Administration Office is closed to the general public until further notice. The Township will livestream the Public Meeting over the internet for public viewing and participation. Please refer to the Township’s website (oro-medonte.ca) for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a “Complete” Application pursuant to the th Planning Act on the 16 day of November, 2020. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on January 6, 2021 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 3 Part Lots 21 and 22 (Oro), municipally known as 274 Line 3 South. 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 effect of the proposed Zoning By-law Amendment is to rezone portions of the retained lands from Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception (A/RU*) Zone to prohibit future residential uses and to recognize the reduced interior side yard setback for the existing agricultural building, and rezone the severed lands from Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception (A/RU*) to recognize the reduced lot size for a hobby farm and the increased floor area of the existing oversized detached accessory building. 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-14. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to planning@oro-medonte.ca prior to or during the Public Hearing; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705) 487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Local Planning Appeal Tribunal and may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Page 19 of 276 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Further details of the application arepart of the public record and are available to the public for viewing/inspection on the Township’s website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planning@oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township’s website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario L0L 2E0 Attn: Andria Leigh, Director, Development Services planning@oro-medonte.ca th Dated at the Township of Oro-Medonte this 11 day of December, 2020. Location Map Page 20 of 276 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Site Plan/Zoning Sketch Page 21 of 276 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Friday, December 11, 2020 2:04 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application and Public Meeting - Development Services Committee Meeting, January 06, 2021 (2020-ZBA-19) Hewitt Creek Farms Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 22 of 276 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, December 11, 2020 12:52 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application and Public Meeting - Development Services Committee Meeting, January 06, 2021 (2020-ZBA-19) Hewitt Creek Farms Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 23 of 276 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Municipal Planning <MunicipalPlanning@enbridge.com> {ĻƓƷʹ Sunday, December 20, 2020 3:14 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application and Public Meeting - Development Services Committee Meeting, January 06, 2021 (2020-ZBA-19) Hewitt Creek Farms 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 24 of 276 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 25 of 276 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 26 of 276 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 27 of 276 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 28 of 276 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... 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Report Report No. To: Prepared By: DS2020-170 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # January 6, 2021 Minor Variance Application _____________________ 2020-A-65 Roll #: R.M.S. File #: David Phillips 4346-010-011-11200 D13-58849 2 Hlynka Place Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-170 be received and adopted. 2. That Minor Variance Application 2020-A-65 by David Phillips, specifically to permit a setback of 11.6 metres (38.0 feet) and 21.3 metres (69.8 feet) from a water course for a single detached dwelling and a swimming pool, respectively, on lands municipally known as 2 Hlynka Place, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-170. 3. The conditions are as follows: a) That notwithstanding Section 5.32 of Zoning By-law 97-95, as amended, the proposed single detached dwelling and swimming pool shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy any permits and/or approvals required from the Lake Simcoe Region Conservation Authority; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obta decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services decision under the Secretary-Treas signature. Background: The subject property is located on the northwest corner of Sokil Boulevard and Hlynka Place having a lot area of 0.14 hectares (0.34 acres) and currently supports a single Development Services January 6, 2021 Report No. DS2020-170 Page 1of 14 Page 38 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... detached dwelling (refer to Schedules 1 and 2). Surrounding land uses consist of similar sized residential lots. The applicant is proposing to construct a 1-storey single detached dwelling, thereby replacing the existing dwelling, and is requesting relief from the following section of Zoning By-law 97-95, as amended: Section 5.32 Setback from Water Courses Required: Proposed: 30.0 metres (98.4 feet) 11.6 metres (38.0 feet) and elevation plans are included as Schedules 3 to 5 to this report. Analysis: Provincial Policy Statement (2020) The Provincial Policy Statement 2020 (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. 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 residential development is permitted and encouraged in Rural Settlement lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning character of the area, and would be developing a lot which already has a detached dwelling that is proposed to be replaced and is also permitted to have a single detached dwelling. Also relevant to this application are Section 2.1 Natural Heritage and Section 3.1 Natural Hazards. these sections of the PPS, for reasons detailed later in this report. Growth Plan for the Greater Golden Horseshoe (2019) The subject application has been reviewed by Planning Staff with respect to the Places to Grow policies. Section 2.2.1 will be accommodated by 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 Development Services January 6, 2021 Report No. DS2020-170 Page 2of 14 Page 39 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Planning Staff finds this application to conform to this Section of the Growth Plan. Since the proposed variance pertains to the development of a residential dwelling on a lot within a settlement area (Hawkestone), the proposed development is considered to conform to Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject land is regulated by the Lake Simcoe Region Conservation Authority (LSRCA). Planning Staff have reviewed the applicable policies of the LSPP and are of the opinion that the application is consistent with the natural heritage and hazard policies of the LSPP. As the site is partially within the regulated area, the proposed works will require a permit from the 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. At the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any LSRCA comments that may be received. County Official Plan Hawkestone is identified as a 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 Planning Staff that this application conforms to the County Official preparation of this report, it is recommended that the Committee have regard for any Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) Development Services January 6, 2021 Report No. DS2020-170 Page 3of 14 Page 40 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... 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 Hawkestone Residential Area in accordance with (refer to Schedule 6). 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 later in this report, Planning Staff finds that this application conforms to Section B5.1.2. The proposed variance relating to a new detached dwelling conforms to the permitted use within the Rural Settlement Area designation. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in -law 97-95, as amended (refer to Schedule 7). Single detached dwellings and accessory uses such as swimming pools are permitted in the R1 Zone. The applicant is seeking 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 Sokil Boulevard and the exterior lot line of the subject property. The new single detached dwelling is wholly within the R1 Zone 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 11.6 metres (38.0 feet) from the required 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 January 6, 2021 Report No. DS2020-170 Page 4of 14 Page 41 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... The watercourse runs parallel to the west side of Sokil Boulevard within a residential plan of subdivision that has existed since 1964. The west side of Sokil Boulevard is fully developed with single detached dwellings. The subject lands currently has a dwelling which the applicant is looking at replacing with a new dwelling. All of the existing dwellings along the west side of Sokil Boulevard are located at less than 30 metres from the watercourse, and the positioned. Based on the above, the development adjacent to the watercourse has been well- established, has existed in this manner with no known concerns or impacts associated 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 hese policies and associated requirements to studies are intended to address circumstances where proposed development has the potential to negatively impact a watercourse or where a watercourse might pose a flooding or erosion hazard to a proposed development. In the case of this application, it is Planning through the longstanding existing development in the area and that there would be nothing materially gained by requiring the applicant to produce a Natural Heritage opinion such studies would not assist in furthering or achieving the planning objectives of the PPS, the Growth Plan and t opinion that the existing development context already demonstrates that the planning objective of the PPS, the Growth Plan and the Official Plan are already met. Therefore, Planning Staff finds this application to be consistent and in conformity with these policies. report, Planning Staff is confident that the available information is adequate to make a recommendation to the Committee at this time. Is the variance appropriate for the desirable development of the lot? Planning Staff does not expect the proposed dwelling to stand-out, look out of place or detract from the character of this established residential neighbourhood. Upon site visit, Staff noted mature exterior side lot line and several shrubs along the front property line, therefore the proposed structure will be well screened from surrounding properties and will maintain a vegetative protection zone to the water course. Based on the above, Planning Staff are satisfied that the proposed development would be desirable for the appropriate development of the lot. Development Services January 6, 2021 Report No. DS2020-170 Page 5of 14 Page 42 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... 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 variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 Growth Plan for the Greater Golden Horseshoe, 2019 Lake Simcoe Protection Plan County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. Staff are of the opinion that the proposed development will not negatively impact the and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering No objections. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Township Infrastructure and Capital Projects No comments. The applicant will be required to obtain an entrance permit. Development Services January 6, 2021 Report No. DS2020-170 Page 6of 14 Page 43 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Schedule 4: Elevations (Front/Rear) Schedule 6: Township Official Plan Land Use Schedule 7: Existing Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-65 to permit a setback of 11.6 metres (38.0 feet) and 21.3 metres (69.8 feet) from a water course for a single detached dwelling and a swimming pool, respectively, on lands municipally known as 2 Hlynka Place, Township of Oro-Medonte, be approved, on the basis that the application is consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, the Township of Oro-Medonte Official Plan, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager, Planning Services December 22, 2020 Andria Leigh, Director, Development Services December 22, 2020 Development Services January 6, 2021 Report No. DS2020-170 Page 7of 14 Page 44 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Development Services January 6, 2021 Report No. DS2020-170 Page 8of 14 Page 45 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Development Services January 6, 2021 Report No. DS2020-170 Page 9of 14 Page 46 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Development Services January 6, 2021 Report No. DS2020-170 Page 10 of 14 Page 47 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Development Services January 6, 2021 Report No. DS2020-170 Page 11 of 14 Page 48 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Development Services January 6, 2021 Report No. DS2020-170 Page 12 of 14 Page 49 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Development Services January 6, 2021 Report No. DS2020-170 Page 13 of 14 Page 50 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Development Services January 6, 2021 Report No. DS2020-170 Page 14 of 14 Page 51 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ December 16, 2020 10:50 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-65) Phillips Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 52 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ December 16, 2020 10:15 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-65) Phillips Teresa Operations has no comments on this application. The applicant will be required to obtain an entrance permit. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 53 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ December 23, 2020 5:39 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-65) Phillips Building Division has no comments at this time. Thank you, GarryMcCartney Chief Building Official Township of Oro-Medonte Page 54 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ December 24, 2020 File No: 2020-A-65 IMS File No.: VA-160035-121820 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 2 Hlynka Place Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of a new single detached dwelling and a swimming pool with reduced setback to a watercourse (11.6 metres). Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics Existing mapping indicates that the subject property is partially regulated due to the associated erosion hazards of the adjacent watercourse (Simcoe Side Creek). The subject property is currently designated Hawkestone Residential Area in the Township of Oro- The subject property is currently zoned Residential One (R1) Zone. Page 55 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 2 of 3 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The proposed new dwelling is located partially within the erosion hazard lands associated with the adjacent watercourse. The proposal will not create a new residential use or constitute residential intensification however there appears to be space on the lot to accommodate location of the dwelling to be completely outside of any hazard area. The proposal will need to demonstrate why a portion of the new dwelling needs to be located within these hazard lands. Therefore the proposal is currently not consistent with Section 3.1 of the PPS. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or Page 56 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 3 of 3 interference in any way with a watercourse or wetland. The site is partially regulated due to the presence of meanderbelt hazard lands. The proposed location of the new dwelling is within 11.6 metres of the adjacent watercourse and partially within the regulated area. The proposed dwelling will therefore require a permit from LSRCA. Typically, LSRCA asks for a minimum of a 15 metre setback from watercourses. It is advised that the Applicant discuss the proposal with LSRCAs regulations staff to determine an appropriate setback to the watercourse. Summary LSRCA is not satisfied from a watershed management perspective that the application is consistent with Section 3.1 of the PPS. The dwelling will require a permit from LSRCA. On this basis, any approval of this application should be deferred until such time that the Applicant is able to revise the proposal to meet consistency with Section 3.1 of the PPS and conformity with LSRCAs Watershed Development Guidelines. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Planner 1 CC: Sarah Clark Page 57 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... CƩƚƒʹ Ryan Johnson <ryan.johnson@alairhomes.com> {ĻƓƷʹ January 4, 2021 3:20 PM ƚʹ Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> /ĭʹ ddphillips@gmail.com; Zenya Sirant Phillips <zenyasirant@gmail.com>; Albert Donadio <albert.donadio@alairhomes.com> {ǒĬƆĻĭƷʹ Re: Minor Variance 2020-A-65 Hi Andy, Thank you for your time on the phone this afternoon, please accept this letter as a request to defer our scheduled minor variance meeting for 2 Hlynka Pl, to February meeting, and do your best to provide an accurate distance of the Meanderbelt Zone from the property line or mentioned watercourse. This will allow us to accurately draw the new site plan accordingly. Ryan Johnson 705-309-9863 353 Saunders Rd Unit 1,Barrie, ON L4N 9A3 2020 Alair Enterprises Canada Ltd. Allrights reserved. ALAIR, ALAIR HOMES,CLIENT CONTROL, LIVING BETTER STARTSHERE, and associated designs aretrademarks or registered trademarks ofAlair Enterprises Canada Ltd. in Canadaand Alair Enterprises USA Inc. in theUnited States. Each Alair Homes businessis independently owned and operated. Page 58 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... CƩƚƒʹ Ukrainian National Federation - Toronto Branch <toronto@unfcanada.ca> {ĻƓƷʹ January 5, 2021 4:48 PM ƚʹ Planning <Planning@oro-medonte.ca> /ĭʹ toronto@unfcanada.ca {ǒĬƆĻĭƷʹ Comments RE: Application 2 Hlynka Place Good Day, With respect to the variance application for 2 Hlynka place in the Subdivision of Sokil, Village of Hawkestone. We do not object to the details of the applicants request related to the setback requirements. However we would like to register that in general the Ukrainian National Federation of Canada (Toronto Branch) is opposed to the construction of permanent or temporary pools within the subdivision of Sokil given that we are the owners and operators of the non-municipal water system that serves the community, and the potential demands that pools could place on our drinking water storage capacity. Respectfully submitted on behalf of the Ukrainian National Federation of Canada (Toronto Branch), Slawko Borys Page 59 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 60 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 61 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 62 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 63 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 64 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 65 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 66 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 67 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 68 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 69 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 70 of 276 6.a) 5:50 p.m. DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Va... Page 71 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... Report Report No. To: Prepared By: DS2020-166 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # January 6, 2021 Minor Variance Application _____________________ 2020-A-66 Roll #: R.M.S. File #: Big Cedar Residents Assoc. 4346-010-005-12100-D13 58850 & William Bennett 0272 57 Tamarack Drive Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-166 be received and adopted. 2. That Minor Variance Application 2020-A-66 by Big Cedar and William Bennett, specifically for permission to permit an addition (carport) in the Environmental Protection Zone on the lands municipally known as 57 Tamarack Drive, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-166. 3. The conditions are as follows: a. That notwithstanding Table A5, Section 5.18, Section 5.27 and Section 5.16.1(c) of Zoning By-law 97-95, the proposed addition (carport) shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the appropriate Zoning Certificate, NVCA Permit, and Building Permit becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant decision under the Secretary- Development Services January 6, 2021 Report No. DS2020-166 Page 1of 11 Page 72 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... Background: The subject property is located within Big Cedar which is a residents-owned retirement community containing 230 mobile homes on 188.6 acres of land at Bass Lake Sideroad East and Line 12 North (refer to Schedules 1 and 2). This retirement community has existed for over 30 years. The property subject to the minor variance application currently supports a single detached modular dwelling. The applicant is proposing to construct a carport to be attached to the existing modular home located within an Environmental Protection (EP) Zone. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 3.1, Table A5 Permitted Uses (Environmental Protection (EP) Zone) Permitted: Proposed: Only existing uses permitted. Addition of carport to existing No buildings or structures, except those required modular home. for flood or erosion control. Section 5.16.1(c) Enlargement, Non-complying Structures Required: Proposed: Does not increase a situation of non-Increase size of structure in EP compliance. Zone. Section 5.18 - Non-conforming Uses Permitted: Proposed: Buildings or structures existing before November Addition of carport to existing 5, 1997. dwelling Section 5.27 Setbacks from Limits of Environmental Protection Zone Required: Proposed: No building or structure shall be located within 0 metres from boundary of EP Zone. 30 metres (98.4 feet) of the boundaries of the Environmental Protection Zone. The applicant site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on Development Services January 6, 2021 Report No. DS2020-166 Page 2of 11 Page 73 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas and Section 2.1 Natural Heritage are applicable to this application. the construction of buildings and structures requiring approval under the Planning development that is compatible with and builds upon the rural landscape. Section 2.1 Natural Heritage, aims to protect natural features for the long term. This policy is relevant due to the proximity to a provincially significant wetland. Planning staff are confident that the proposed addition (carport) will not affect the natural heritage features as the location is already within an established, developed neighbourhood. The proposed development is in the NVCA regulated area and therefore an NVCA permit will be required and will address any necessary natural heritage or hazard considerations. At the time of writing this report, no formal comments have been received by NVCA; the Committee shall have regard for any comments to be received. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property permitted by the policies. A Place to Grow, 2020 A Place to Grow (2020 provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed addition (carport) 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 area. Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This policy is relevant due to the proximity to a provincially significant wetland. Section 4.2.4, Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is applicable to this application. Planning staff are confident that the proposed addition (carport) will not affect the key hydrologic and natural heritage features as the location is within an established neighbourhood and the Planning Staff are confident that NVCA will require appropriate environmental mitigation measures to protect the feature. Planning Staff do not believe the requirement for a Natural Heritage Study will be beneficial to identifying additional protection measures on top of what NVCA will require. Development Services January 6, 2021 Report No. DS2020-166 Page 3of 11 Page 74 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject lands are already developed for residential purposes. County of Simcoe Official Plan The property is designated Rural, Greenlands and Agriculture Official Plan. The proposed accessory building will be located in the Rural designation. character and promote long-term diversity and viability (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the Rural designation, and staff would consider the proposed addition (carport) to be consistent with this permission. opinion, the application conforms to the general intent and purpose Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The subject land is designated Special Purpose Community Area Plan. Pursuant to the policies of the Plan, permitted uses within this designation include mobile homes and accessory uses. This designation is intended to recognize existing residential developments that are not located within settlement areas in the Township and also to confirm that uses in these areas continue to conform to the policies of the Plan. The proposed residential construction will be in keeping with the existing character of the neighbourhood as mobile homes in the area have carports and garages. Planning staff do not believe the proposed construction will have a negative impact on the existing disturbed environment. Therefore, based on the above, the requested variances pertaining to this application are considered to conform to the general intent and purpose of the Official Plan. Development Services January 6, 2021 Report No. DS2020-166 Page 4of 11 Page 75 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Environmental Protection (EP), Agricultural/Rural Exceptions 7 and 209 (A/RU*7 & 209) -law 97-95, as amended. The applicant is asking for a minor variance for the following sections from the -law 97-95, as amended: Section 3.1, Table A5 Permitted Uses (Environmental Protection (EP) Zone), Section 5.18 - Non-conforming Uses, Section 5.16.1(c) Enlargement, Non-complying Structures and Section 5.27 Setbacks from Limits of Environmental Protection Zone. The general intent of the Zoning By-law in not permitting structures within the EP zone is to protect the natural heritage system and features in the area and to protect development from hazard risks. Planning staff are satisfied that residential use is an existing use of the property and the carport addition within the EP zone will not cause harm to the already disturbed environment or create a new hazard risk. Planning staff do not believe that an environmental impact study or a hazard risk assessment are required as the proposed construction is located centrally within the existing residential neighbourhood. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted many existing carports and attached garages in the area. The proposed structure will not interfere with functional matters such as parking and the septic system on the subject property. At the time of writing this report, no formal comments have been received by NVCA; the Committee shall have regard for any comments to be received. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In nature, as the structure is not anticipated to have an adverse impact on the neighbourhood. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Development Services January 6, 2021 Report No. DS2020-166 Page 5of 11 Page 76 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend the Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 A Place to Grow, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote features and attributes. Staff are of the opinion that the proposed is consistent with the Strategic Plan as the proposed development will not attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering no objections Township Building Services no comments Township Infrastructure and Capital Projects no objections Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Site Plan Schedule 4: Applicant Elevation Plan Development Services January 6, 2021 Report No. DS2020-166 Page 6of 11 Page 77 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-66 be approved, specifically to permit an addition (carport) within the EP zone on the lands municipally known as 57 Tamarack Drive 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 December 21, 2020 Andria Leigh, Director, Development Services December 21, 2020 Development Services January 6, 2021 Report No. DS2020-166 Page 7of 11 Page 78 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location map Development Services January 6, 2021 Report No. DS2020-166 Page 8of 11 Page 79 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services January 6, 2021 Report No. DS2020-166 Page 9of 11 Page 80 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Site Plan Development Services January 6, 2021 Report No. DS2020-166 Page 10 of 11 Page 81 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Plan Development Services January 6, 2021 Report No. DS2020-166 Page 11 of 11 Page 82 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ December 15, 2020 8:46 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-66) Big Cedar & Bennett Building Division comments are as follows; 1. All structures attached to modular homes are required to obtain a building permit complete with Professional Engineer design and review. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 83 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ December 15, 2020 6:05 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-66) Big Cedar & Bennett Teresa Operations has no comments on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 84 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: December 16, 2020 11:17 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-66) Big Cedar & Bennett Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 85 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Emma Perry <eperry@nvca.on.ca> {ĻƓƷʹ Monday, December 21, 2020 8:33 AM ƚʹ Planning <Planning@oro-medonte.ca> /ĭʹ Falconi, Teresa <tfalconi@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Planning Dept <Planning@nvca.on.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-66) (NVCA file 43841) NVCA Staff have reviewed the above-noted application for minor variance to allow for the construction of a carport to be attached to the existing modular home located within an Environmental Protection (EP) Zone. Though the application seeks relief from the restrictions of the EP zone, NVCA Staff note the area surrounding the subject site is an existing developed area and as such, outside an area affected by natural hazard. The subject site lies within the NVCA Regulation Limit for presence within 30m>120m of a wetland contiguous with the Bass Lake Provincially Significant Wetland. As such, the applicant will need to obtain a clearance letter from the NVCA prior to obtaining their building permit. The applicant must contact the undersigned following the appeal period for this minor variance and submit the required documentation (application form, plans and fees) for the NVCA to issue clearance. Thank you for the opportunity to provide comments on this application and please forward a copy of the decision. Sincerely, Emma Perry Planner III Nottawasaga Valley Conservation Authority th 8195 8 Line, Utopia, ON L0M 1T0 T 705-424-F 705-424-2115 Page 86 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... Page 87 of 276 6.b) 6:00 p.m. DS2020-166, Danielle Waters, Planner re: Minor Variance A... 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Report Report No. To: Prepared By: DS2020-167 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # January 6, 2021 Minor Variance Application _____________________ 2020-A-67 Roll #: R.M.S. File #: Olga Schrage and Edmund 4346-010-009-71300 D13 58851 Daniel 7 Memorial Crescent Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-167 be received and adopted. 2. That Minor Variance Application 2020-A-67 by Olga Schrage and Edmund Daniel specifically to permit the construction of an accessory apartment dwelling unit in the basement of an approved dwelling that is to be built on lands municipally known as 7 Memorial Crescent, be approved, subject to the conditions as outlined in Report DS2020-167. 3. The conditions are as follows: a) That notwithstanding Table A1 and Section 5.4(c), the accessory apartment unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed accessory apartment unit be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, and decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Developme decision under the Secretary- Background: The subject property has a lot area of 0.14 hectares (0.34 acres) and is currently a vacant lot, as shown on Schedules 1 and 2. The applicant has an approved zoning certificate to construct a single detached dwelling with a floor area of 217.8 sq. m. (1,773.9 sq. ft.). The applicants are proposing to construct an apartment dwelling unit in Development Services January 6, 2021 Report No. DS2020-167 Page 1of 11 Page 97 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... the basement of the dwelling and are seeking relief to the following sections of Zoning By-law 97-95: Table A1 Residential Zones Permitted Uses Shoreline Residential (SR Permitted: Proposed: Accessory apartment dwelling unit not To permit one (1) dwelling unit in the permitted in SR Zone basement of an approved dwelling (to be built) Section 5.4(c) Maximum floor area of an accessory apartment dwelling unit Required: Proposed: 70.0 square metres (753.5 square feet) 102.2 square metres (1,100.0 square feet) 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 are applicable to this application. the construction of buildings and structures requiring approval under the Planning Rural Areas/Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. The proposed application will be in keeping with the rural landscape. Section 1.4 speaks to the need for a mix of housing options and densities required.The accessory unit in this dwelling will increase the option for housing in the area. 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. Development Services January 6, 2021 Report No. DS2020-167 Page 2of 11 Page 98 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... 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 is already within an established residential lot. Section 2.2.1.4 works to achieve complete communities that feature a mix of land uses. The proposed increase in density will be an incremental intensification of residential units for an area that is low density residential. The proposed apartment unit will contribute to the diversification of the housing stock as the proposed units will allow for a different residential option to owning a single family dwelling and increased affordability in the 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 activities 2016). The Rural designation permits limited residential development. Section 3.5.30 speaks to the policies in the Plan that a range of types of housing be provided within the County. This includes apartment units and a mix of affordable housing. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. The proposed apartment unit will contribute to the diversification of the housing stock as the proposed units will allow for a different residential option to owning a single family dwelling and increased affordability in the area. the applicto the Plan as the construction of a single detached dwelling is permitted on the subject lands. Lake Simcoe Protection Plan (LSPP) The subject lands are within the Lake Simcoe Protection Area. The lands, however, are not in a regulated area and do not require a permit from LSRCA. As per section 6.45 DP, the construction of a building on an existing lot of record is permitted, provided it was zoned for such as of the date the Plan came into effeThe proposed development is over 300m from the shoreline of Lake Simcoe. Planning Staff do not believe a Natural Heritage Evaluation is necessary as the proposed dwelling and lot is in the middle of an existing shoreline development neighbourhood. Development Services January 6, 2021 Report No. DS2020-167 Page 3of 11 Page 99 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans 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: Do the variances 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 an apartment is considered to conform 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 Shoreline Residential (SR) - law 97-95, as amended. A single detached dwelling is permitted in the SR Zone.The applicant is proposing to build a single detached dwelling with an accessory apartment in the basement and is seeking relief from the Zoning By-law to allow for this apartment in the SR Zone and for an increase in size of the apartment. The general intent of the Zoning By-law in requiring a maximum floor area for an accessory apartment unit, is to ensure that it is secondary and subordinate to the main dwelling unit. In the case of this application, the proposed apartment will be approximately half of the main floor area therefore satisfying that the apartment will be secondary and subordinate. The general intent of the Zoning By-law in not permitting accessory units in the SR Zone, is to limit the impacts of development (e.g. septic systems, traffic) in the shoreline areas, where there is an abundance of undersized lots and where some of the roads are privately owned and maintained. This limitation can also reduce the potential for units to be rented out for short-term use. The proposed application is within the SR Zone, however it is immediately adjacent to the shoreline of Lake Simcoe, the lot is served by a public road that is maintained year-round by the Township, and the Chief Building Official has reviewed this Minor Variance application and has advised Development Services January 6, 2021 Report No. DS2020-167 Page 4of 11 Page 100 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... that the Building Division has no comments at this time (a building permit and a septic system permit will be required). According to the applicant, the use of the proposed apartment is not for short-term rental purposes. For the reasons outlined above, Planning Staff are of the opinion that the requested variances will not negatively impact the shoreline area and are 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. While on site, staff noted that the proposed construction is within a residential area. The proposed dwelling is not located on the shoreline of Lake Simcoe and the applicant has explicitly acknowledged that a short-term rental is not a permitted use of an accessory suite. The size and location of the building will not interfere with functional matters such as parking and the septic system. The proposed dwelling meets required setbacks for the SR Zone and shows an appropriate sized driveway for two units. 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 Variances to allow for an apartment in the SR Zone and the increase in area are not anticipated to have an adverse impact on the neighbouring properties or negatively affect the Lake Simcoe shoreline. The proposed construction is encompassed in the approved dwelling plans and will not affect required setbacks on the property. As the proposed variances are 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 are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Development Services January 6, 2021 Report No. DS2020-167 Page 5of 11 Page 101 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (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, 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 is consistent with the Strategic Plan and 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 no comments Township Infrastructure and Capital Projects No concerns Development Services January 6, 2021 Report No. DS2020-167 Page 6of 11 Page 102 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Proposed Site Plan Schedule 4: Applicant Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-67 be approved, specifically, to permit an apartment dwelling unit in the basement of an approved dwelling that is to be built on lands municipally known as 7 Memorial Crescent, 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 December 21, 2020 Andria Leigh, Director, Development Services December 21, 2020 Development Services January 6, 2021 Report No. DS2020-167 Page 7of 11 Page 103 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location Map Development Services January 6, 2021 Report No. DS2020-167 Page 8of 11 Page 104 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services January 6, 2021 Report No. DS2020-167 Page 9of 11 Page 105 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Proposed Site Plan Development Services January 6, 2021 Report No. DS2020-167 Page 10 of 11 Page 106 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Drawings Development Services January 6, 2021 Report No. DS2020-167 Page 11 of 11 Page 107 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, December 11, 2020 3:12 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-67) Daniel & Schrage Teresa Development Engineering has No Objection to the above noted Application. Comments: An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Drainage / Driveway and Parking configuration shall be such as to not inhibit Lot Grading and Drainage. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 108 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, December 11, 2020 3:23 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-67) Daniel & Schrage Teresa Operations has no comments on this application. Applicant is required to obtain an entrance permit. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 109 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ December 15, 2020 9:27 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-67) Daniel & Schrage Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 110 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Page 111 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Page 112 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Page 113 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Page 114 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Page 115 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Page 116 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Page 117 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Page 118 of 276 6.c) 6:10 p.m. DS2020-167, Danielle Waters, Planner re: Minor Variance A... Page 119 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Report Report No. To: Prepared By: DS2020-169 Development Services Catherine McLean Committee Intermediate Planner Meeting Date: Subject: Motion # January 6, 2021 Minor Variance Application _____________________ 2020-A-68 Roll #: R.M.S. File #: Cynthia & Timothy Ferris 4346-030-012-44200 D13 58852 37 Moon Point Drive Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-169 be received and adopted. 2. That Minor Variance Application 2020-A-68 by Cynthia & Timothy Ferris specifically for permission to build an addition to the existing single detached dwelling with a reduced setback from the top of slope of 17.2 metres (56.4 feet) on lands municipally known as 37 Moon Point Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2020-169. 3. The conditions are as follows: a) That notwithstanding Section 5.31, the proposed single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is located no closer than 17.2 metres (56.4 feet) from the top of slope; d) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, slope stability assessment (if required) and Building Permit be obtained decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services decision under the Secretary- signature. Development Services January 6, 2021 Report No. DS2020-169 Page 1of 14 Page 120 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Background: The subject property has a lot area of 0.3 hectares (0.73 acres) and contains a single detached dwelling, a boathouse and a swimming pool. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build an attached garage with second floor storage and are requesting relief from the following Section of Zoning By-law 97-95, as amended: Section 5.31 Setback from Top of Slope Required: Proposed: 23.0 metres (75.5 feet) 17.2 metres (56.4 feet) site plan and elevation drawings are included as Schedules 3 and 4to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage, Section 2.2 - Water and Section 3.1 Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development is not anticipated to impact any natural features or functions. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed addition is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). 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. Development Services January 6, 2021 Report No. DS2020-169 Page 2of 14 Page 121 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed addition will be kept in close proximity to the existing dwelling. The Lake Simcoe Region Conservation Authority (LSRCA) was circulated the subject application. The LSRCA has advised that: It is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies; and The proposed addition will require a permit from the LSRCA and that additional conditions or reports may be required at the time of permitting. County Official Plan The property is designated Rural The Rural Designation permits limited residential development. proposed single detached dwelling addition OfficialPlan as it is an addition to the existing permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: 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: Development Services January 6, 2021 Report No. DS2020-169 Page 3of 14 Page 122 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... 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. On this basis, the requested variance for an addition to the existing single detached dwelling conforms to the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential Exception Two (SR*2) in the -law 97-95. The proposed development complies with the provisions of the SR*2 Zone but requires relief from the Zoning By- Provisions (Section 5.31) to permit a reduced setback from the top of bank of the slope from 23.0 metres (75.5 feet) to 17.2 Metres (56.4 feet). The subject lands slope down significantly at the rear of the property towards Lake Simcoe. As -law, no buildings or structures shall be located within 23 metres of the top of bank or embankment that exceeds 33%. Planning Staff rely on the technical knowledge and expertise of conservation authority staff to assess the protection of water resources and minimizing or preventing the impact of natural hazards such as flooding, erosion and unstable slopes. In this case the Lake Simcoe Region Conservation Authority has not specifically indicated whether or not a slope stability study would be required, but the LSRCA has advised that it is satisfied with the application from a natural heritage and hazard lands perspective, that any approval of this application by the Township should be subject to a condition that the applicant obtain a permit from the LSRCA, andthat additional conditions or reports may be required by the LSRCA at the time of permitting. The Manager of Development Engineering has advised of no objection to the application, but has indicated that a slope stability assessment may be required if it is identified through the Building Permit review process to address any concerns that may arise due to the reduced setback from top of slope. vised that the Building Division has no comments at this time. Based on the above that no objections to the reduced setback from the slope this have been raised by relevant agencies and departments, Planning Staff is of the opinion that the proposed single detached dwelling addition meets the general intent and purpose of the Zoning By-law. However, Planning Staff advise the applicant by way of this report, that the need for additional information such as a slope stability study may potentially be identified at the detailed technical review stages (i.e. LSRCA permit and Township Building Permit). Development Services January 6, 2021 Report No. DS2020-169 Page 4of 14 Page 123 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed addition will have a minimal impact on the neighbouring dwelling as there is a row of large hedges along the north interior side lot line that will help buffer the addition from the neighbouring dwelling. Planning Staff also noted that the proposed addition will be located further from the slope than the existing pool which is located behind the dwelling. Since there have been no objections raised from relevant agencies to this application, Planning Staff is of the opinion that the proposed development is desirable and appropriate for the lot and that any technical mitigation that may be required from a slope stability standpoint can be adequately captured downstream in the approval process through the required LSRCA permit and Township Building Permit. For these reasons, Planning Staff are of the opinion that the proposed variance is considered desirable development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Variance is minor in nature as the proposed addition is not anticipated to have an adverse impact on the character and appearance of the neighbourhood. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Lake Simcoe Protection Plan Development Services January 6, 2021 Report No. DS2020-169 Page 5of 14 Page 124 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... 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 and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Infrastructure and Capital Projects No comments. Township Building Division No comments. Township Development Engineering No objection. A slope stability investigation and LSRCA Approval for same should be undertaken. (Building Dept. likely will to review for footing depths and bearing capacity). An Engineered Lot Grading Plan shall be required at the time of Building Permit application. Lake Simcoe Region Conservation Authority See Schedule 5 Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Site Plan Schedule 4: Elevation Drawings Schedule 5: Lake Simcoe Region Conservation Authority Comments dated December 17, 2020. Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-68 be approved, specifically to permit construction of an addition to the existing single detached dwelling with a reduced setback from the top of slope of 17.2 metres (56.4 feet) on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Development Services January 6, 2021 Report No. DS2020-169 Page 6of 14 Page 125 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Respectfully submitted: Catherine McLean, Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services December 21, 2020 Andria Leigh, Director Development Services December 21, 2020 Development Services January 6, 2021 Report No. DS2020-169 Page 7of 14 Page 126 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Schedule 1: Location Map Development Services January 6, 2021 Report No. DS2020-169 Page 8of 14 Page 127 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Schedule 2: Aerial Photo Development Services January 6, 2021 Report No. DS2020-169 Page 9of 14 Page 128 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Development Services January 6, 2021 Report No. DS2020-169 Page 10 of 14 Page 129 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Schedule 4: Elevation Drawings Development Services January 6, 2021 Report No. DS2020-169 Page 11 of 14 Page 130 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Schedule 5: Lake Simcoe Region Conservation Authority Comments dated December 17, 2020 Development Services January 6, 2021 Report No. DS2020-169 Page 12 of 14 Page 131 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Development Services January 6, 2021 Report No. DS2020-169 Page 13 of 14 Page 132 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Development Services January 6, 2021 Report No. DS2020-169 Page 14 of 14 Page 133 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, December 11, 2020 3:21 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-68) Ferris Teresa Development Engineering has No Objection to the above noted Application. Comments: A Slope Stability investigation and LSRCA Approval for same should be undertaken. (Building Dept. likely will to review for footing depths and bearing capacity) An Engineered Lot Grading Plan shall be required at the time of Building Permit application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 134 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, December 11, 2020 3:25 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-68) Ferris Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 135 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ December 15, 2020 9:26 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-68) Ferris Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 136 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ December 17, 2020 File No: 2020-A-68 IMS File No.: VA-190278-121120 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 37 Moon Point Drive Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of an addition to the existing dwelling with a new setback of 17.2 metres from top of slope. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics Existing mapping indicates that the subject property is regulated due to the associated shoreline flood and erosion hazards. The subject property is currently designated Shoreline in the Township of Oro- The subject property is currently zoned Shoreline Residential (SR) Zone. Page 137 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Page 2 of 3 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The proposed addition is located within the shoreline hazard lands. The proposal will not create a new residential use or constitute residential intensification. 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 require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The site is fully within the regulated shoreline hazard lands. The proposed addition will therefore require a permit from LSRCA. Page 138 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Page 3 of 3 Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies. The proposed addition will require a permit from LSRCA. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner shall obtain a permit from LSRCA for works within the regulated area. (Please note, additional conditions or reports may be required at the time of permitting). Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Planner 1 CC: Sarah Clark Page 139 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Page 140 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Page 141 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Page 142 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Page 143 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Page 144 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Page 145 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Page 146 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Page 147 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Page 148 of 276 6.d) 6:20 p.m. DS2020-169, Catherine McLean, Intermediate Planner re: Mi... Page 149 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... Report Report No. To: Prepared By: DS2020-171 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # January 6, 2021 Consent Application 2020-B-28 _____________________ by Kent and Stacey MacGregor Roll #: R.M.S. File #: 654 Ridge Road West 4346-010-008-31300 D10-58855 Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2020-171 be received and adopted. 2. That Consent Application 2020-B-28 by Kent and Stacey MacGregor, to create a new lot that is surplus to the on lands municipally known as 654 Ridge Road West, Township of Oro-Medonte, be deferred pending the receipt of County comments. 3. And that the applicants decision under the Secretary- signature. Background: The subject lands have a lot area of 22.01 hectares (54.38 acres) and contain a single detached dwelling and several agricultural buildings. The majority of the land is under agricultural cultivation. Surrounding land uses predominantly consist of agricultural uses and include scattered rural non-farm dwellings (refer to Schedules 1 and 2). The lands to be severed currently support a single detached dwelling and several accessory buildings and the lands to be retained will support an agricultural building and are to be used for continued agricultural purposes. The applicants are proposing to sever a lot containing the dwelling on the basis that the dwelling is surplus to the applicants consolidated farm operation. The details of the proposed severance are as follows: Lands to be Severed: Lands to be Retained: Frontage: Approx. 62.0 m. (203.4 ft.) on Approx. 614.7 m. (2,016.8 ft.) on Ridge Ridge Road West Road West Approx. 431.0 m. (1,414.0 ft.) on Line 5 S. Depth: Irregular Irregular Development Services January 6, 2021 Report No. DS2020-171 Page 1 of 16 Page 150 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... Area:Approximately 0.85 ha. (2.10 ac.)Approximately 21.1 ha (52.2 ac.) Use: Continued Residential Continued Agricultural The applicants Consent Sketch is included as Schedule 3 to this report. Analysis: Provincial Policy Statement 2020 (PPS) The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. specifically, Section existing rural housing stock on rural lands The subject lands are located in a Prime Agricultural Area and Section 2.3.4.1 states: prime agricultural areas is discouraged and may only be permitted for: a. agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b. agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c. a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and, 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; and, d. infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of- Section 2.3.4.1(c) regarding the severance of a residence surplus to a farming operationis the policy that is most directly relevant to this application. The applicants own one (1) additional farm property located at 928 Line 4 South which contains an existing dwelling and has a lot area of 43.2 hectares (106.7 acres) (refer to Schedule 4). The applicants are proposing to sever the dwelling on the subject farm parcel (654 Ridge Road West) on the basis that it is surplus to their farming operation. During a site visit of the subject property, livestock operations were not identified on the subject property. According to the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) Minimum Distance Separation (MDS) Document, an MDS I setback is required for a proposed surplus dwelling severance that contains an existing dwelling and an existing Development Services January 6, 2021 Report No. DS2020-171 Page 2 of 16 Page 151 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... livestock facility on the same property. An MDS I setback is not required for the proposed severance of the surplus dwelling from livestock barns located on separate lots. This is because those livestock barns are already on separate lots from the subject dwellingproposed to be severed and therefore a potential odour conflict already exists. On the basis of the above policies, the proposed Consent application is considered to be consistent with the Provincial Policy Statement 2020, subject to the amendment to the zoning of the retained lands, prohibiting their use for residential purposes. Growth Plan for the Greater Golden Horseshoe (2019) The Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2 of the Growth Plan contains Where and How to Grow6 -specific locations with approved zoning or designation in an official plan that permitted this type of development as of June 16, 2006 According to the Province of Horseshoe, the entire property has been identified The Growth Plan does not specifically address applications for the severance of surplus farm dwellings as a result of a farm consolidation. As noted previously in this report, the purpose of the Consent Application is to sever a lot containing a residence surplus to a farm operation as a result of farm consolidation. In this regard, it is noted that while the proposed severance would result in the creation of a new lot, that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance Therefore, on this basis, the proposed severance for the creation of a new lot by way of severance for a residence surplus to a farming operation as a result of farm consolidation is considered to conform to the Growth Plan policies of the Province. County of Simcoe Official Plan The subject lands are designated Agricultural in the County of Simcoe Official Plan (refer to Schedule 5). Greenlands designation. natural character, form, function and connectivity of the natural heritage system and to sustain designation and local natural heritage systems for future generations. Section 3.3 of the policies that are applicable to this proposal: - Section 3.3.3 states t consents to create separate lots for two dwellings established in accordance with Development Services January 6, 2021 Report No. DS2020-171 Page 3 of 16 Page 152 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... - Section 3.3.5 states that of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and Section 3.6 contains Agricultural policies that include criteria for lot creation and specifically 3.6.7(c) states that the severance of a residence surplus to a farming operation as a result of farm consolidation is permitted provided that: i. The new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services, and should be an approximate size of 1 hectare; and, ii. New residential dwellings are prohibited on any remnant parcel of farmland created by the severance. Residence surplus to a farming operation is defined in the County of Simcoe Official Planand in the consolidation (farm consolidation means the acquisition of additional farm parcels to be Consent application 2020-B-28 would create a retained parcel for continued agricultural use and would be rezoned to prohibit future residential uses on those lands and a severed lot containing an existing dwelling having a lot size of 0.85 hectares (2.10 acres) complying with , which is located in the Greenlands designation. Upon visiting the site, and in reviewing Schedule 2 (Aerial Map) and Schedule 5 (County Official Plan), there appears to be an error in the delineation of the Greenlands designation on the property as it incorrectly maps the agricultural lands that are in production, and also the existing dwelling, as Greenlands (refer to Schedule 6 Aerial Map and Greenlands Overlay). As of the preparation of this report, Planning Staff have not received comments from the n that County comments are necessary in order to confirm whether the application conforms to the County Official Plan. As a result, it would be appropriate to defer making a decision on this application until County comments have been received and assessed. Township of Oro-Medonte Official Plan The designated griculturalin accordance with (refer to Schedule 7). It should be noted that the part of the operational identifies only the tree lines located on the subject lands as a woodland. As the County of Simcoe identifies Greenlands on a portion of the subject property within their Official Plan, and the lands subject to this application do not contain a significant woodland or natural heritage or hydrological features and are agricultural lands currently in operation, it is Greenlands feature shown on the subject lands are incorrectly Development Services January 6, 2021 Report No. DS2020-171 Page 4 of 16 Page 153 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... delineated and the proposed development would conform to Official Plan. The Official Plan has not yet been updated to include policies specific to the severance of surplus farm dwellings. Therefore it is necessary to rely on PPS and County Official Plan policies when considering such applications. However, the application must still be considered against Section D2.2.1 of the Official Plan which sets out general criteria applicable to all consent applications. These criteria and Planning Sta D2.2.1 General Criteria Prior to issuing provisional consent for a new lot for any purpose, the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a) fronts on and will be directly accessed by a public road that is maintained on a year-round basis; Conforms: The subject lands front onto Ridge Road West and Line 5 South with driveway access for the severed lands on the north side of Ridge Road West, which is a public County Road maintained year-round. b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Comments: The severed lot will front onto a County Road (Ridge Road West-County Road 20). The application was circulated to the County of Simcoe and comments have not been received at the time of writing this report. Therefore, for the reasons identified earlier in this report, Township Staff is requesting a deferral to allow the County to provide comments. c) will not cause a traffic hazard; Comments: Department has been circulated for comments and have not identified any traffic safety concerns, but have advised that a 3.0 metre road widening along Line 5 South on the retained lands and a 15m x 15m daylight triangle at the northeast corner of Line 5 South and Ridge Road West will be required to be transferred by the Owner to the Township. County comments, once received, would indicate whether County Staff have any traffic concerns. d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Conforms: Both the severed and retained parcels would comply with the Zoning By- frontage and area requirements. The dwelling is already existing and its severance would not conflict with existing surrounding agricultural activities. Development Services January 6, 2021 Report No. DS2020-171 Page 5 of 16 Page 154 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... e) can be serviced with an appropriate water supply and means of sewage disposal; Comments: the existing dwelling on the severed lot is currently being serviced by a well and private septic system. The Building Division is responsible for matters related to septic systems. Building comments have not been received at the time of writing this report. f) will not have a negative impact on the drainage patterns in the area; Conforms: The Development Engineering Division is responsible for matters related to drainage and has no concerns with the application. g) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Conforms: the retained lands are and are thus not designated for development beyond the level of their current use, which is for agricultural purposes. Additionally, development of an access to the retained lands or other parcels will not be restricted. h) will not have a negative impact on the features and functions of any ecological feature in the area; Conforms: No natural heritage concerns have been identified by the Township and agencies in their review of this application. i) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Conforms: No groundwater concerns have been identified by the Township and agencies in their review of this application. j) will conform to Section 51 (24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The Consent application has been reviewed in context to Section 51(24) of the applications meet most of the but comments are required from the County to determine if the applications conform with the impacts on a County Road. Township of Oro-Medonte Zoning By-law 97-95 The subject property is currently zoned Agricultural/Rural (A/RU) in - law 97-95, as amended (refer to Schedule 8). The existing dwelling is permitted in the A/RU Zone and the frontages and lot areas of the severed and retained lands would comply with the provisions of the Zoning By-law. Development Services January 6, 2021 Report No. DS2020-171 Page 6 of 16 Page 155 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... At such time as the consent application is ready for consideration for approval, a condition of consent approval would be included that the applicants must apply for and obtain an amendment to the Zoning By-law for the retained lands to prohibit residential uses, in keeping with Provincial Policy Statement, Growth Plan, and County Official Plan policies for surplus farm dwelling severances. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 Growth Plan for the Greater Golden Horseshoe, 2019 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that these applications are consistent with the following Strategic Goal of the Township: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Development Engineering no objection. Operations and Community Services Operations will require a 3.0 metre road widening along Line 5 South on the retained lands. Line 5 South has been identified in the Road Network Plan as being a future collector road requiring a 23 metre right-of-way. A15m x 15m daylight triangle at the northeast corner of Line 5 South and Ridge Road West is also required. Bell Canada no concerns. Development Services January 6, 2021 Report No. DS2020-171 Page 7 of 16 Page 156 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 4: Farm Parcels Held by the Owners/Farm Operation Schedule 5: County of Simcoe Official Plan Schedule 6: Aerial Photo with Greenlands Overlay Schedule 7: Township Official Plan Land Use Schedule 8: Existing Zoning Conclusion: analysis of this application, it is Staffrecommendation that Consent Application 2020-B-28 specifically to permit the creation of a new lot that is surplus to West, Township of Oro-Medonte, be deferred pending the receipt of County comments, as the application cannot yet be confirmed to conform to the policies of the County of Simcoe Official Plan with respect to the Greenlands designation and County Road requirements. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager, Development Services December 22, 2020 Andria Leigh, Director, Development Services December 22, 2020 Development Services January 6, 2021 Report No. DS2020-171 Page 8 of 16 Page 157 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... Development Services January 6, 2021 Report No. DS2020-171 Page 9 of 16 Page 158 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... Development Services January 6, 2021 Report No. DS2020-171 Page 10 of 16 Page 159 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... SEVERED LANDS RETAINED LANDS Development Services January 6, 2021 Report No. DS2020-171 Page 11 of 16 Page 160 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... Development Services January 6, 2021 Report No. DS2020-171 Page 12 of 16 Page 161 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... Development Services January 6, 2021 Report No. DS2020-171 Page 13 of 16 Page 162 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... Development Services January 6, 2021 Report No. DS2020-171 Page 14 of 16 Page 163 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... Development Services January 6, 2021 Report No. DS2020-171 Page 15 of 16 Page 164 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... Development Services January 6, 2021 Report No. DS2020-171 Page 16 of 16 Page 165 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ December 16, 2020 10:47 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-B-28) MacGregor Teresa Development Engineering has No Objection or Further Comment regarding the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 166 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ December 16, 2020 10:26 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-B-28) MacGregor Teresa Operations will require a 3.0m road widening along Line 5 North on the retained portion. Line 5 North has been identified in the Road Network Plan as being a future collector road requiring a 23m ROW. 15m x15m daylight triangle at the NE corner of Line 5 north and Ridge Road is also required. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 167 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... CƩƚƒʹ Moyle, Jacqueline <jacqueline.moyle@bell.ca> {ĻƓƷʹ Monday, December 21, 2020 11:29 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ 705-21-017 RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-B-28) MacGregor Hi Teresa, Re: 2020-B-28 Details: Consent Application 654 Ridge Road West Township of Oro-Medonte Bell File 705-21-017 Subsequent to review by our local Engineering Department of the subject lands for the above noted consent file, it has been determined that Bell Canada has no concerns with respect to the proposed application. If there are any questions or concerns, please do not hesitate to contact me. Thanks Jacquie Jacqueline Moyle External Liaison Bell Canada Right of Way 140 Bayfield St. FL 2 Barrie, ON, L4M 3B1 P: 705-722-2636 F: 705-726-4600 jacqueline.moyle@bell.ca Page 168 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... CƩƚƒʹ aĭ/ğƩƷƓĻǤͲ DğƩƩǤ ѡŭƒĭĭğƩƷƓĻǤθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ĻƓƷʹ 5ĻĭĻƒĬĻƩ ЋЌͲ ЋЉЋЉ ЎʹЌВ ta ƚʹ CğƌĭƚƓźͲ ĻƩĻƭğ ѡƷŅğƌĭƚƓźθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ w9ʹ bƚƷźĭĻ ƚŅ tǒĬƌźĭ IĻğƩźƓŭ Ώ 5ĻǝĻƌƚƦƒĻƓƷ {ĻƩǝźĭĻƭ /ƚƒƒźƷƷĻĻ aĻĻƷźƓŭ WğƓǒğƩǤ ЉЏͲ ЋЉЋЊ ΛЋЉЋЉΏ.ΏЋБΜ ağĭDƩĻŭƚƩ Building Department has no comments at this time. Thank you, GarryMcCartney Chief Building Official Township of Oro-Medonte Page 169 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... Page 170 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... Page 171 of 276 6.e) 6:30 p.m. DS2020-171, Andy Karaiskakis, Senior Planner re: Consent ... 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Page 182 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Report Report No. To: Prepared By: DS2020-168 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # January 6, 2021 Minor Variance Application _____________________ 2020-A-69 Roll #: R.M.S. File #: Larry Venne 4346-030-012-12500 D13-58853 241 Eight Mile Point Road Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-168 be received and adopted. 2. That Minor Variance Application 2020-A-69 by Larry Venne specifically to permit the construction of an addition to a single detached dwelling with a reduced setback of 15.43 metres (50.6 feet) from the average high water mark of Lake Simcoe on lands municipally known as 241 Eight Mile Point Road, be approved, subject to the conditions as outlined in Report DS2020-168. 3. The conditions are as follows: a) That notwithstanding Table B1 (1) & Section 5.30, the addition to a single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition with a reduced setback from the average high water mark be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the addition is located no closer than 15.43 metres (50.6 feet) from the average high water mark; d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit, and Building Permit be obtained from the as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advis decision under the Secretary- Development Services January 6, 2021 Report No. DS2020-168 Page 1of 11 Page 183 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.12 hectares (0.3 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 104.7 sq. m. (1,127.0 sq. ft.). 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 15.43 metres (50.6 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 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 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. Section 2.2 The subject lands are regulated by the LSRCA and Planning is satisfied that the LSRCA permit process will adequately take all necessary precautions to protect the environment during the construction process. Development Services January 6, 2021 Report No. DS2020-168 Page 2of 11 Page 184 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Section 3.1 Natural Hazards where the development is limited to uses which by their nature must locate within the floodway, including flood and/or erosion control works or minor additions or passive non-structural uses which do not affect flood flows. minor addition and should not affect the flow of the inland lake. The proposed structure is already partially existing on the lands in the proposed location in the form of a deck, to be enclosed into a dining room. At the time of writing this report, no formal comments have been received by LSRCA and Planning Staff rely on the expertise of LSRCA Staff on matters related to development adjacent to Lake Simcoe. However, Planning Staff are prepared to allow this application to proceed through Minor Variance approval process, with the condition that the applicant is able to obtain a LSRCA permit. In the event that the LSRCA has any concerns with the proposal, the development would not be able to proceed without an LSRCA permit. 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 within 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 activities 2016). The Rural designation permits limited residential development. Development Services January 6, 2021 Report No. DS2020-168 Page 3of 11 Page 185 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... s opinion, to the Plan as the construction of a single detached dwelling, and by association the proposed addition, is permitted on the subject lands. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-e permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proposed development is consistent with the LSPP as the proposed addition will be kept in close proximity to the existing dwelling. 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. As the subject lands are regulated, the LSRCA will require a permit to be submitted. At the time of writing this report, no formal comments have been received by LSRCA; the Committee shall have regard for any comments to be received. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the Provincial plans that is in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent 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. Development Services January 6, 2021 Report No. DS2020-168 Page 4of 11 Page 186 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Therefore, based on the above, the requested variance pertaining to the construction of an addition 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 Exception Two (SR*2) in the -law 97-95, as amended. A single detached dwelling is permitted in the SR Zone. Exception Two refers to the required interior side yard setback and is not relevant for the proposed application. The applicant is proposing to build an addition to a single detached dwelling and is seeking relief from the Zoning By-law to allow for the addition to have a reduced setback from the average high water mark of Lake Simcoe. The general intent of the Zoning By-law in requiring the minimum setback from the average high water mark of 20 metres (65.6 feet) from Lake Simcoe is to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. Planning staff is confident that the natural features will be protected through the LSRCA permit process. The application is to enclose an existing deck, therefore the setback disturbance has already been created. At the time of writing this report, no formal comments have been received by LSRCA; the Committee shall have regard for any comments to be received. 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 are treed on both sides. While on site, staff noted that the proposed addition will not be any closer to the shoreline than the existing deck. The addition is the same size as the existing deck and will be enclosed into a proposed dining room. 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. 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. Planning Staff believe that the required LSRCA permit will implement any required shoreline protection Development Services January 6, 2021 Report No. DS2020-168 Page 5of 11 Page 187 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... during construction. At the time of writing this report, no formal comments have been received by LSRCA; the Committee shall have regard for any comments to be received. 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 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. e features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism is promoted and strengthened. Staff is of the opinion that the proposed development is consistent with the Strategic Plan and 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 January 6, 2021 Report No. DS2020-168 Page 6of 11 Page 188 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: Township Development Engineering No objections Township Building Services no comments Township Infrastructure and Capital Projects No concerns Lake Simcoe Region Conservation Authority: Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Proposed Site Plan Schedule 4: Applicant Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-69 be approved, specifically, to permit an addition to a single detached dwelling with a reduced setback from the average high water mark of 15.43 metres (50.6 feet) on lands municipally known as 241 Eight Mile Point Road, 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 December 21, 2020 Andria Leigh, Director, Development Services December 21, 2020 Development Services January 6, 2021 Report No. DS2020-168 Page 7of 11 Page 189 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location Map Development Services January 6, 2021 Report No. DS2020-168 Page 8of 11 Page 190 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services January 6, 2021 Report No. DS2020-168 Page 9of 11 Page 191 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Proposed Site Plan Development Services January 6, 2021 Report No. DS2020-168 Page 10 of 11 Page 192 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Drawings Development Services January 6, 2021 Report No. DS2020-168 Page 11 of 11 Page 193 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, December 11, 2020 3:23 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-69) Venne Teresa Development Engineering has No Objection or further comments regarding the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 194 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, December 11, 2020 3:26 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-69) Venne Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 195 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ December 15, 2020 9:25 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-69) Venne Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 196 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ December 18, 2020 File No: 2020-A-69 IMS File No.: VA-481913-121120 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 241 Eight Mile Point Road Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of additions to the existing dwelling with a new setback of 15.43 metres from the high water mark. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics Existing mapping indicates that the subject property is regulated due to the associated shoreline flood and erosion hazards. The subject property is currently designated Shoreline in the Township of Oro- The subject property is currently zoned Shoreline Residential (SR) Zone. Page 197 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Page 2 of 3 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The proposed addition is located within the shoreline hazard lands. The proposal will not create a new residential use or constitute residential intensification. 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 require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The site is fully within the regulated shoreline hazard lands. The proposed additions will therefore require a permit from LSRCA. Page 198 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Page 3 of 3 Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies. The proposed addition will require a permit from LSRCA. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner shall obtain a permit from LSRCA for works within the regulated area. (Please note, additional conditions or reports may be required at the time of permitting). Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Planner 1 CC: Sarah Clark Page 199 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Page 200 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... Page 201 of 276 6.f) 6:40 p.m. DS2020-168, Danielle Waters, Planner re: Minor Variance A... 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Report Report No. To: Prepared by: DS2020-165 Development Services Catherine McLean, Committee Intermediate Planner Meeting Date: Subject: Motion # January 6, 2021 Minor Variance Application _____________________ 2020-A-70 Roll #: R.M.S. File #: James Kelman-Finlay, 4346-010-010-01010 D13-58854 Shannon Geniole and Donald Geniole 392 Line 10 South Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-165 be received and adopted. 2. That Minor Variance Application 2020-A-70 by James Kelman-Finlay, Shannon Geniole and Donald Geniole to permit a hobby farm lot size of 0.5 hectares (1.3 acres) on the lands municipally known as 392 Line 10 South, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2020- 165. 3. The conditions are as follow: a) That, notwithstanding Table B4 of Zoning By-law 97-95, the severed lot shall otherwise comply with all other applicable provisions of the Zoning By- Law. b) That, notwithstanding Section 6.0 Definitions (Hobby Farm), on the severed lands the keeping of horses is prohibited. 4. And that the applicants decision under the Secretary- Background: The subject lands are located at the south west corner of Line 10 South and Ridge Road East (County Road 20). Surrounding land uses predominantly consist of agricultural uses to the north and woodlots to the south, east and west, with scattered rural non-farm dwellings (refer to Schedules 1 and 2). The Committee granted Consent Application 2018-B-01 to sever one (1) lot from lands municipally known as 392 Line 10 South, for a hobby farm severance at their meeting on October 7, 2020. The lands would comprise 0.5 hectares (1.3 acres) and have approximately 65.0 m. (213.3 ft.) of frontage on Line 10 South and approximately 158.5 m. (520.0 ft.) of frontage on Ridge Road East (refer to Schedule 3). As a condition of the Development Services January 6, 2021 Report No. DS2020-165 Page 1of 12 Page 212 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... Consent approval, Minor Variance Application 2020-A-70 is requesting relief from Table B4 of Zoning By-law 97-95 minimum lot size for a hobby farm: Required Proposed 2.0 hectares (4.9 acres) 0.5 hectares (1.3 acres) Analysis: 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 provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas and Section 2.1 Natural Heritage are applicable to this application. In rural areas, the PPS does not restrict lot creation for agricultural purposes and permits limited residential development and other rural land uses. Section 1.1.5 Rural Lands In Municipalities contains policies for rural lands in is compatible with the rural landscape and can be sustained by rural service levels residential land uses. Therefore, the proposed hobby farm would be in keeping with the rural landscape of the area. Section 2.1 Natural Heritage contains policies concerning the long-term prosperity and protection of natural heritage features. The PPS prohibits development and site alteration in or adjacent to natural heritage features unless the ecological function of the adjacent lands has been evaluated and has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions (Section 2.1.8). The applicant s retained Birks Natural Heritage Consultants who prepared a Natural Heritage Evaluation (NHE) in support of this application. As indicated in the NHE, no impacts to the identified features and functions are expected as a result of the approved new lot. Based on the above, Planning Staff are of the opinion that the application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) providesa long-term plan to manage growth and protect the natural environment. Section 2.2.9 - Rural Areas is applicable to this application. Specifically Section 2.2.9.3 c) states that development outside of settlement areas may be permitted on rural lands for: other rural land uses that are not appropriate in settlement areas provided they: i. are compatible with the rural landscape and surrounding local land uses; ii. will be sustained by rural service levels; and, Development Services January 6, 2021 Report No. DS2020-165 Page 2of 12 Page 213 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... iii. will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations-28). Section 4.2.2 Natural Heritage System has also been reviewed by Planning staff with respect to the proposed application. The Natural Heritage System policies of the Growth Plan regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). located within the Environmental Protection Two overlay designation due to the presence of a Significant Woodland (See Schedule 5). The LSRCA also noted the presence of an unevaluated wetland. Since the severed lands are located outside the natural heritage features, Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is now also applicable to this application. Specifically, Section 4.2.4.1 of the Growth Plan states: within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrological feature will require a natural heritage evaluation or hydrological evaluation that identifies a vegetation protection zone, which: a. Is of sufficient width to protect the key natural heritage feature or key hydrological feature and its functions from the impacts of the proposed change; b. Is established to achieve and be maintained as natural self-sustaining vegetation; and, c. For key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage -44). The applicants retained Birks Natural Heritage Consultants who prepared a Natural Heritage Evaluation (NHE) in support of the associated severance application (2018-B- 01). The consultants concluded that no impacts to the identified features and functions are expected as a result of the severance, subject to an 18 metres (59.1 feet) vegetation protection zone (VPZ) which will be implemented through site plan controlas a condition of consent. The NHE was peer-reviewed by the LSRCA as part of the associated severance application. At the time, they indicated that they were satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. The LSRCA indicated that the vegetation protection zone (VPZ) must be indicated on the property with some form of physical feature on the ground (e.g. living fence/native hedge, page-wire farm fence, cedar-rail, etc.,) to ensure that this area remains undisturbed and allowed to naturalize. Nevertheless, the Lake Simcoe Region Conservation Authority (LRSCA) has been circulated the subject Minor Variance application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have Development Services January 6, 2021 Report No. DS2020-165 Page 3of 12 Page 214 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... regard to any LSRCA comments that may be received for the Minor Variance application. On the basis of the preceding, Planning Staff is satisfied that the applicants have demonstrated that the approved lot with a reduced lot size will not have any negative impacts on the key natural heritage features or their functions. Lake Simcoe Protection Plan Portions of the subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA) due to the presence of an unevaluated wetland and significant woodland; however, the approved severed lot is not located within the regulated area. As detailed above, the applicants retained Birks Natural Heritage Consultant who prepared a Natural Heritage Evaluation (NHE) which was peer-reviewed by the LSRCA as part of the consent application. As a condition of the consent application, the applicants are required to successfully apply for and obtain Site Plan Approval from the Director, Development Services and enter into a Site Plan Agreement, registered on- title, with the Township, in order to ensure that future development of the severed lot is in keeping with the findings and recommendations provided in the NHE. As part of the Site Plan Application, the applicants will be required to develop a planting plan for the VPZ and delineated the 18 metres (59.1 feet) vegetation protection zone on the property with a physical marker (e.g. living fence, page-wire fence, cedar-rail, etc.,) to ensure that this area remains undisturbed and allowed to naturalize. The LSRCA was circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff for the Minor Variance application. The Committee should have regard to any LSRCA comments that may be received. Simcoe County Official Plan The subject lands are designated Rural and Greenlands in Schedule 5.1 of the County of Schedule 4 to this report). As indicated in the correspondence received from Simcoe County regarding the associated severance application, County Planning Staff were satisfied that a refinement to the boundary of the Greenlands designation has been justified. According to Section 3.8.21 of the County Official Plan, where a refinement to the Greenlands designation is facilitated without an amendment to this Plan, the land use designation abutting that portion of the Greenlands designation shall apply. In this case, the abutting land use designation is Rural. As per Section 3.7.8, limited residential development may be created by consent provided the severed lands are restricted to a maximum lot size of one hectare (2.47 acres). Planning Staff is satisfied that the proposed lot size of 0.5 hectares (1.3 acres) conform with these policies. Simcoe County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff for the Minor Variance Development Services January 6, 2021 Report No. DS2020-165 Page 4of 12 Page 215 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... application. The Committee should have regard to any County comments that may be received. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the provincial plans that is in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent of the Official Plan? The subject lands are designated Rural and Environmental Protection Two in accordance with Schedule A Plan. The Environmental Protection Two overlay designation is associated with the presence of a Significant Woodland which is illustrated in Schedule B Natural Features of the ficial Plan (refer to Schedule 5). The approved severed lot is located outside the Environmental Protection Two overlay designation. The Natural Heritage Evaluation (NHE), which was prepared as part of the associated severance application (2018-B-01), was in support of new lot and concluded that no impacts to the identified features and functions are expected as a result of the approved severance, subject to an 18 metres (59.1 feet) vegetation protection zone (VPZ) which will be implemented through site plan control as a condition of the associated consent application. There is no new development proposed by way of the subject Minor Variance application and therefore the proposed minor variance is required to facilitate a decision previously made by the Committee. Does the variance conform to the general intent of the Zoning By-law? -law 97-95, as amended. The minimum lot size required for hobby farms in the A/RU Zone is 2.0 hectares (4.9 acres). The applicants have requested a lot size of 0.5 hectares (1.3 acres) However, the new lot would be deficient in size and particularly deficient for the keeping of horses. Other hobby farm uses, such as small-scale agriculture and the keeping of a limited number of domestic animals for personal use and enjoyment would, in Planning Therefore, Planning Staff is recommending that as a condition of minor variance Development Services January 6, 2021 Report No. DS2020-165 Page 5of 12 Page 216 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... approval the keeping of horses be prohibited on the new lot. The applicants are aware of the recommended condition and have no concerns with the restriction. PlanningStaff is of the opinion that the variance conforms to the general intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed hobby farm lot to standout, look out of place or detract from the character of the area. Upon site visit and aerial desktop review, Staff noted that there are a few lots within this area that have varying lot sizes; therefore the proposed hobby farm lot will be in keeping with the character of the area. The area of the proposed hobby farm lot will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are satisfied that the requested variance is considered desirable for the appropriate development of the lot. Is the variance minor? As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Lake Simcoe Protection Plan Development Services January 6, 2021 Report No. DS2020-165 Page 6of 12 Page 217 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... Corporate Strategic Goals: is relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic natural heritage features and attributes. Staff are of the opinion that if the subject minor variance is approved, that the change and the application is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering: No objection or further comment. Township Infrastructure and Capital Projects: No comments. Township Building Division: No comments. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Draft Survey (Severed Lands) Schedule 4: County of Simcoe Land Use Schedule 5: Township Official Plan Natural Features Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-70 be approved, specifically to permit a reduced lot size for an agricultural use (hobby farm), on the basis that the application appears to meet 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 December 21, 2020 Andria Leigh, Director, Development Services December 21, 2020 Development Services January 6, 2021 Report No. DS2020-165 Page 7of 12 Page 218 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... Schedule 1: Location Map Development Services January 6, 2021 Report No. DS2020-165 Page 8of 12 Page 219 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... Schedule 2: Aerial Photo Development Services January 6, 2021 Report No. DS2020-165 Page 9of 12 Page 220 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... Schedule 3: Draft Survey (Severed Lands) Development Services January 6, 2021 Report No. DS2020-165 Page 10 of 12 Page 221 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... Schedule 4: County of Simcoe Land Use Development Services January 6, 2021 Report No. DS2020-165 Page 11 of 12 Page 222 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... Schedule 5: Township Official Plan Natural Features Development Services January 6, 2021 Report No. DS2020-165 Page 12 of 12 Page 223 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Friday, December 11, 2020 3:25 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-70) Kelman-Finlay Teresa Development Engineering has No Objection or further comment regarding the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 224 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, December 11, 2020 3:28 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-70) Kelman-Finlay Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 225 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ December 15, 2020 9:24 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting January 06, 2021 (2020-A-70) Kelman-Finlay Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 226 of 276 6.g) 7:00 p.m. DS2020-165, Catherine McLean, Intermediate Planner re: Mi... 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Report Report No. To: Prepared By: DS2020-164 Development Services Catherine McLean, Committee Intermediate Planner Meeting Date: Subject: Motion # January 6, 2021 Zoning By-law Amendment _____________________ Application 2020-ZBA-19 Roll #: R.M.S. File #: by Hewitt Creek Farms 4346-010-007-33600 D14-58761 274 Line 3 South Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2020-164 regarding a Zoning By-law Amendment applying to lands municipally known as 274 Line 3 South, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2020-ZBA-19 by Hewitt Creek Farms Ltd., specifically to rezone a portion of the retained lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 326 (A/RU*326) Zone to prohibit residential uses and recognize the reduced interior side yard setback of 2.7 metres (8.9 feet) for the existing agricultural building, and rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 327 (A/RU*327) Zone to recognize the reduced lot size of 0.45 hectares (1.12 acres) for a hobby farm, recognize the increased floor area of 124.9 square metres (1,344.0 square feet) for the existing oversized detached accessory building and prohibit the keeping of horses, on the lands municipally known as 274 Line 3 South, Township of Oro- Medonte, be approved. 3. That the Deputy Clerk bring forward the appropriate By-law for consideration. 4. Director, Development Services signature. Background: Property Description Development Services January 6, 2021 Report No. DS2020-164 Page 1 of 15 Page 237 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... The subject lands have a lot area of 78.1 hectares (193.02 acres), according to our Municipal Property Assessment Corporation (MPAC) records, and contain a single detached dwelling, two detached accessory buildings, one agricultural building (not used for livestock), six grain bins/elevators and a machine shop/office. The majority of the land is under agricultural cultivation and there are two watercourses, a wetland and a woodland along Line 2 South. Surrounding land uses predominantly consist of agricultural uses (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 Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 326 (A/RU*326) Zone to prohibit new residential uses on the retained lands to fulfill a condition of approval for Consent Application 2020-B-14, which was granted by the Development Services Committee on June 3, 2020. The Committee granted provisional consent to permit a surplus farm dwelling severance subject to a number of conditions, including; that the applicant apply for, and obtain, an amendment to the zoning of the retained lands prohibiting their use for residential purposes. Exception 326 also addresses the reduced interior side yard setback for the existing agricultural building on the retained lands. The severed lands are proposed to be rezoned from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 327 (A/RU*327) Zone to recognize the reduced lot size of 0.45 hectares (1.12 acres) for the hobby farm, recognize the increased floor area of the oversized detached accessory building and prohibit the keeping of horses. Analysis: Provincial Policy Statement PPS (2020) The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage and Section 2.3 - Agriculture are applicable to this application. The west end of the property, near Line 2 South, contains a Provincially Significant Wetland and Significant Woodland. As per Section 2.1.8, development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or their lands contiguous to a specific natural heritage feature or area where it is likely that development or site alteration would have a negative impact on the feature or area. The extent of the adjacent lands may be recommended by the Province or based on municipal approaches which achieve the same objectives Although there are natural heritage features located on the west end of the subject lands, Planning Staff are satisfied that the proposed rezoning to prohibit residential development, and recognize the non-complying agricultural building, Development Services January 6, 2021 Report No. DS2020-164 Page 2 of 15 Page 238 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... detached accessory building and hobby farm lot size will not have any adverse impact on the woodland or wetland as there is no proposed development associated with this planning application. 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 amend the zoning of the retained parcel to prohibit residential uses is considered to be consistent with the Provincial Policy Statement, by protecting the agricultural lands from any residential development and consolidating it with other farm parcels located in the Township. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long- term plan to manage growth and protect the natural environment. Section 2.2.9.3 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. The Provincial Policy Statement requires tha residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance Therefore, 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 Agricultural and Greenlands in the County of Simcoe Official Plan. The proposed rezoning application would prohibit any residential development on the retained lands; therefore, protecting a prime agricultural area for long-term agricultural use, which is consistent with the policies of the County Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated Agricultural, Environmental Protection One and (see Schedule 5). The Environmental Protection One designation corresponds to the boundary of the Provincially Significant Wetland, which is illustrated in Schedule B Official Plan (refer to Schedule 6). The Environmental Protection Two overlay designation follows the boundary of the Significant Woodland (see Schedule 6 to this report), located on the west end of the property along Line 2 South. These key natural heritage features are located more than 600.0 metres (1,968.5 feet) from the approved severed lands and the proposed Zoning By-law Amendment will not have any adverse impact on the key natural heritage features. Development Services January 6, 2021 Report No. DS2020-164 Page 3 of 15 Page 239 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... Rezoning the retained lands to prohibit residential use is consistent with the objectives of the Agricultural Designation, since it protects the retained parcel for agricultural use only. Therefore, Planning Staff is of the opinion that the Zoning By-law Amendment application to prohibit residential uses on the retained lands al Plan. Proposed Zoning By-law Amendment The subject property is currently zoned Agricultural/Rural (A/RU) and Environmental -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-14, which went through a public process under the Planning Act and was approved by the Development Services Committee at their meeting on June 3, 2020. Given the fact that no members of the public participated in the June 3 application, and that no concerns were raised by staff, members of the Committee or the public, staff do not anticipate that any public concerns or issues will arise for this rezoning application. In this regard, Planning Staff considers it appropriate for Council to consider passing the Zoning By-law Amendment immediately after the Public Meeting held by the Development Services Committee. Therefore, Staff recommends approval of Zoning By- law Amendment 2020-ZBA-19 and has prepared a Zoning By-law Amendment for consideration by Council (see Schedule 7). The By-law prepared by Staff would rezone the portion of the retained lands that are currently zoned Agricultural/Rural (A/RU) to the Agricultural/Rural Exception 326 (A/RU*326) Zone, which would permit Agricultural/Rural uses; however, it would prohibit residential uses in keeping with PPS policies for surplus farm dwelling severances. The portions of the retained lands that are currently zoned Environmental Protection (EP) would maintain the same zoning. Exception 326 would also recognize the reduced interior side yard setback for the existing agricultural building. The minimum interior side yard setback for agricultural buildings is 15 metres (49.2 feet); yet, as a result of the approved severance, the setback will now be 2.7 metres (8.9 feet). The By-law would also rezone the severed lands from the Agricultural/Rural (A/RU) zone to the Agricultural/Rural Exception 327 (A/RU*327) Zone to recognize the reduced lot size for a hobby farm and the increased floor area of the existing oversized detached accessory building. The applicants have requested a severed lot size of 0.45 hectares (1.12 acres), according to the plan of survey, which satisfies the County of Simcoe's requirement for new lot creation; however, the new lot would be deficient in size as it does not comply with the Zoning By-law minimum lot size for a hobby farm of 2.0 hectares (4.9 acres) and particularly deficient for the keeping of horses. Other hobby farm uses, such as small-scale agriculture and the keeping of a limited number of domestic animals for be appropriate on the proposed 0.45 hectares (1.12 acres) lot. Therefore, Planning Staff have indicated in the draft By-law that the keeping of horses is prohibited on the severed lands. Development Services January 6, 2021 Report No. DS2020-164 Page 4 of 15 Page 240 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... The applicants have also requested an increased floor area for the existing oversized detached accessory building on the severed lands. An agricultural building, which would have been permitted on the original lot, is not permitted on lots under 2.0 hectares (4.94 acres) in size. Since the lands to be severed will be approximately 0.45 hectares (1.12 acres), an agricultural building is not permitted and the building is now classified as an accessory building. The maximum permitted size for an accessory building in the A/RU Zone is 100 square metres (1,076.4 square feet); yet, the existing structure is 124.9 square metres (1,344.0 square feet). Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend the Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that 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 attributes. Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Building Division No comments. Development Engineering No objection. Attachments: Development Services January 6, 2021 Report No. DS2020-164 Page 5 of 15 Page 241 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Zoning Sketch Schedule 4: Existing Zoning Schedule 5: Township Official Plan - Land Use Schedule 6: Township Official Plan - Natural Features Schedule 7: Draft Zoning By-law Amendment Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2020-ZBA-19 by Hewitt Creek Farms Ltd. be approved on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conform to the Official Plans for the Township of Oro-Medonte and the County of Simcoe and represents good planning. Respectfully submitted: Catherine McLean, Intermediate Planner Approvals: Date Derek Witlib, Manager, Planning Services December 22, 2020 Andria Leigh, Director, Development Services December 22, 2020 Development Services January 6, 2021 Report No. DS2020-164 Page 6 of 15 Page 242 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... Schedule 1: Location Map Development Services January 6, 2021 Report No. DS2020-164 Page 7 of 15 Page 243 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... Schedule 2: Aerial Photo Development Services January 6, 2021 Report No. DS2020-164 Page 8 of 15 Page 244 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... Schedule 3: Zoning Sketch Development Services January 6, 2021 Report No. DS2020-164 Page 9 of 15 Page 245 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... Schedule 4: Existing Zoning Development Services January 6, 2021 Report No. DS2020-164 Page 10 of 15 Page 246 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... Schedule 5: Township Official Plan Land Use Development Services January 6, 2021 Report No. DS2020-164 Page 11 of 15 Page 247 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... Schedule 6: Township Official Plan Natural Features Development Services January 6, 2021 Report No. DS2020-164 Page 12 of 15 Page 248 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... Schedule 7: Draft Zoning By-law Amendment The Corporation of the Township Of Oro-Medonte By-Law No. 2021-003 A By-law to amend the zoning provisions which apply to lands at Concession 3 Part Lots 21 and 22 (Oro) Township of Oro-Medonte 2020-ZBA-19 (Hewitt Creek Farms Ltd.) 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. -law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Concession 3 Part Lots 21 and 22 (Oro), Township of Oro-Medonte, from the Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception 326 (A/RU*326) Zone to prohibit residential uses and to recognize the reduced interior side yard setback for the existing agricultural building, and to Agricultural/Rural Exception 327 (A/RU*327) Zone to recognize the reduced lot size for a hobby farm and the increased floor area of the existing oversized detached accessory building on the severed lot, as -law. 2. Section 7.0 to Zoning By-law 97-95, as amended, is hereby further amended by adding the following subsection: Concession 3 Part Lots 21 and 22 (Oro), Township of Oro-Medonte (Hewitt Creek Farms Ltd.) detached dwelling is not permitted on the lands denoted by the symbol *326 on the schedule to this By-law; and, setback from the interior side lot line to the existing agricultural building is 2.7 metres (8.9 feet) on the lands denoted by the symbol *326 on the schedule to this By- Concession 3 Part Lots 21 and 22 (Oro),Township of Oro-Medonte (Hewitt Creek Farms Ltd.) farm is 0.45 hectares (1.12 acres) on the lands denoted by the symbol *327 on the schedule to this By-law; Notwithstanding the definition of a hobby farm, the keeping of horses is prohibited on the lands denoted by the symbol *327 on the schedule to this By-law; and, - building on the lands on the date of the passing of this By-law with a maximum Development Services January 6, 2021 Report No. DS2020-164 Page 13 of 15 Page 249 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... size of 124.9 square metres (1,344.0 square feet) is permitted, and any new or replacement accessory buildings and structures shall comply with Section 5.1 of the Zoning By- 3. Schedule -law No. 2021-003 is declared to form a part of this By-law. 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. th By-Law read a First, Second and Third Time, and Passed this 6 Day of January, 2021. The Corporation of the Township Of Oro-Medonte _____________________________ Mayor, H.S. Hughes ____________________________ Deputy Clerk, J. Teeter Development Services January 6, 2021 Report No. DS2020-164 Page 2 of 15 Page 250 of 276 7.a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-la... To By-Law No. 2021-003 The Corporation of the Township of Oro-Medonte This is -Law 2021-003 th passed the 6 day of January, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, J. Teeter (Application 2020-ZBA-19) Development Services January 6, 2021 Report No. DS2020-164 Page 3 of 15 Page 251 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... Report Report No. To: Prepared By: DS2020-172 Development Services Committee Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # January 6, 2021 Consent Application 2020-B-24 & _____________________ Minor Variance Application 2020- Roll #: R.M.S. File #: A-52 by 1783048 Ontario Ltd. 4346-010-007-15800 D10-58501 31 Bay Street Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2020-172 be received and adopted; 2. That the Development Services Committee grant provisional consent to Application 2020-B-18 by 1783048 Ontario Ltd. to permit the creation of a new lot consisting of alot area of approximately 0.17 hectares (0.42 ac.) and a frontage of approximately 20.97 metres (68.8 ft.) and a retained parcel consisting of a lot area of approximately 0.24 hectares (0.59 ac.) and a frontage of approximately 36.46 metres (119.62 ft.), subject to the conditions as outlined in Report No. DS2020-172. 3. The conditions for Application 2020-B-24 are as follows: a) (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel. b) That the applicant submit, to the satisfaction of the Chief Building Official: i) Confirmation that the existing sewage system has been relocated to fully be contained within the retained lot prior to severance (permit required). ii) Identification of all existing and proposed well locations complete with OBC clearance requirements on retained, severed and surrounding lots. iii) Conceptual septic bed area of severed lot detailed with full dimensions, location setbacks and bed sizing for a proposed dwelling. c) That the Natural Heritage Evaluation be reviewed by and to the satisfaction of the Lake Simcoe Region Conservation Authority (LSRCA) and that the LSRCA advise the Township. d) That the applicant apply for and obtain Site Plan Approval from the Township and/or obtain a permit from the Lake Simcoe Region Conservation Authority (LSRCA) for Development Services Committee January 6, 2021 Report No. DS2020-172 Page 1 of 17 Page 252 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... the purposes of implementing the mitigation measures identified in the Natural Heritage Evaluation. e) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; f) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; g) prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; h) That all municipal taxes be paid to the Township of Oro-Medonte; i) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, j) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2020-A-52 by 1783048 Ontario Ltd. specifically to recognize a reduced lot area of 0.17 ha (0.42 ac) for a severed parcel, a reduced lot frontage of 20.97 m (68.8 ft.) for a severed parcel and a reduced front yard of 6.08 m (19.95 ft) for an existing dwelling on a retained parcel, on lands municipally known as 31 Bay Street, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2020-172. 5. The conditions for Application 2020-A-52 are as follows: a) That notwithstanding Section 4.0, Table B1, the proposed severed and retained lots and the existing single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law. b) The reduced front yard of 6.08 m (19.95 ft) shall apply to an existing dwelling only and any new dwelling shall comply with all applicable provisions of the Zoning By- law. 6. And that the applicant Background: The subject lands are located at 31 Bay Street, on the south-east corner of the intersection of Bay Street and Line 2 South, and currently support a single detached dwelling and an accessory building. Surrounding land uses consist of low-density residential uses, predominantly in the form of single detached dwellings. The property is a shoreline lotabutting Lake Simcoe. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Development Services Committee January 6, 2021 Report No. DS2020-172 Page 2 of 17 Page 253 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... The purpose of Consent Application 2020-B-24is the creation of a new residential lot. The included as Schedule 3. The details of the proposed consent (severance) are provided in the table below: Lands to be Severed: Lands to be Retained: Frontage: Approx. 20.97 m (68.8 ft.) Approx. 36.46 m (119.62 ft.) Depth: Approximately 73 m (239.5 ft.) Approximately 70 m (229.66 ft.) Area: Approximately 0.17 ha (0.42 ac.) Approximately 0.24 ha (0.59 ac.) Use: Proposed new dwelling Existing dwelling The purpose of Minor Variance Application 2020-A-52 is to seek relief from the following sections of Zoning By-law 97-95: Section 4.0, Table B1 Standards (SR Zone) Required: Proposed: Minimum Lot Area: 0.2 ha (0.49 ac) 0.17 ha (0.42 ac) for severed parcel Minimum Lot Frontage: 30 m (98.43 ft) 20.97 m (68.8 ft.) for severed parcel Minimum Front Yard: 7.5 m (24.6 ft) 6.08 m (19.95 ft) for existing dwelling on retained parcel These applications were previously the subject of a Public Hearing held on October 7, 2020, following which the Development Services Committee considered Staff Report DS2020-133 and deferred the applications to provide the applicant the opportunity to address Provincial policies related to natural heritage, hydrology and natural hazards, to the satisfaction of the Township and the Lake Simcoe Region Conservation Authority. Further to the above, the Township has since received: Addendum Comments dated October 16, 2020 from the Lake Simcoe Region Conservation Authority; Planning Justification Addendum dated December 4, 2020 from Innovative Planning Solutions; and Scoped Natural Heritage Evaluation dated December 1, 2020 from Roots Environmental. Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Development Services Committee January 6, 2021 Report No. DS2020-172 Page 3 of 17 Page 254 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... Areas, Section 2.1 Natural Heritage, Section 2.2 Water and Section 3.1 Natural Hazards, are applicable to this application. Thisapplicationrepresentslimited residential development that is consistent with the PPS with respect to Rural Areas, as the lands are designated by the . The subject lands are located in an established Rural Settlement Area (Shanty Bay) which is intended to be the focus of growth and development and where development is encouraged with consideration to rural characteristics, the scale of development and the provision of appropriate service levels. In Plannin residential) and the proposed lot sizes and dimensions are consistent the range of lot sizes already existing within the Shanty Bay Settlement Area, are capable being privately serviced for sewage and water (the majority of lots in Shanty Bay are services in this manner) and the development can be accommodated by the existing local road network. Therefore, the applications conform to Section 1.1.4 of the PPS. Towards the fulfilment of Section 2.1 Natural Heritage and Section 2.2 Water, the applicant has supplied the Township with a Natural Heritage Evaluation (NHE) that was scoped in consultation with LSRCA Staff. The NHE supports the proposed development, subject to the following mitigation measures: A 30 metre wide buffer from the shoreline where no trees or vegetation are to be removed. A 3 metre wide strip adjacent to the shoreline to be planted with native shrub and tree species. An assessment by a qualified arborist of any tree proposed to be removed and if the tree is determined to be healthy, the compensatory planting of two native trees. igation measures ultimately be accepted by the LSRCA and be implemented through Site Plan Control and/ Further discussions between Township Staff and the LSRCA are required to confirm the appropriate implementation mechanism. Considering the scoping communications that have occurred regarding the terms of reference for the NHE, Planning Staff are confident that the NHE will be accepted by the LSRCA, or accepted subject to minor modifications. To this end, Planning Staff has Based on the above, Planning Staff finds these applications to be consistent with Sections2.1 and 2.2 of the PPS. With respect to Section 3.1 Natural Hazards, the LSRCA has provided the Township with a letter dated October 16, 2020 advising that: LSRCA Staff have determined that the proposed location of the new dwelling will be located outside of any hazard lands and therefore consistency with Section 3.1 of the PPS has been demonstrated; and Prior to construction or site alteration a permit from the LSRCA is required. Based on the above, Planning Staff now finds these application to be consistent with all relevant policies of the PPS. Development Services Committee January 6, 2021 Report No. DS2020-172 Page 4 of 17 Page 255 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... 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. The subject application has been reviewed by planning staff with respect to the Places to Grow policies. Section 2.2.1 of the Growth Plan rowth will be accommodated by a) directing a significant portion of new growth to the built-up areas Since the proposed variance pertains to a residential lot within a settlement area (Shanty Bay), Growth Plan. The proposed development is also located within 120 metres of a Key Hydrologic Feature (Lake Simcoe) and is therefore subject to the policies of Sections 4.2.1 Water Resource Systems. Furthermore, Section 2.2.1(e) generally directs development away from hazardous lands, including shoreline related flood, erosion and ice-related hazards. However, Sections 4.2.2 Natural Heritage and 4.2.4 - Lands Adjacent to Key Hydrologic Features only apply outside of settlement areas and therefore do not apply to the subject lands. Based on: 1) Ts most recent comments regarding shoreline hazards, as detailed above in the Provincial Policy Statement 2020 Section of this report, and 2) Additional planning analysis provided in the Planning Staff now finds these applications to be in conformity with the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial Plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff is now satisfied that the following relevant policies have now been satisfied and that the applications conform to the LSPP: 6.32-DP Policies 6.32 - 6.34 apply to existing settlement areas and areas of Lake Simcoe adjacent to these lands, including the littoral zone, and these areas are not subject to policies 6.1 6.3, 6.5, 6.11 and policies 6.20 - 6.29. 6.33-DP An application for development or site alteration shall, where applicable: a) increase or improve fish habitat in streams, lakes and wetlands, and any adjacent riparian areas; b) include landscaping and habitat restoration that increase the ability of native plants and animals to use valleylands or riparian areas as wildlife habitat and Development Services Committee January 6, 2021 Report No. DS2020-172 Page 5 of 17 Page 256 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... movement corridors; c)seek to avoid, minimize and/or mitigate impacts associated with the quality and quantity of urban run-off into receiving streams, lakes and wetlands; and d) establish or increase the extent and width of a vegetation protection zone adjacent to Lake Simcoe to a minimum of 30 metres where feasible. 6.34-DP Where, through an application for development or site alteration, a buffer is required to be established as a result of the application of the PPS, the buffer shall be composed of and maintained as natural self-sustaining vegetation. 6.35-DP DP For greater certainty, where lands have been incorporated into a settlement area after the effective date of the Plan, an application for development or site alteration within those lands are subject to the policies in this Chapter other than policies 6.32 to 6.34. Lake Simcoe Region Conservation Authority As mentioned previously in this report, the LSRCA has provided the Township with additional comments in the form of a letter dated October 16, 2020 advising that: LSRCA Staff have determined that the proposed location of the new dwelling will be located outside of any hazard lands and therefore consistency with Section 3.1 of the PPS has been demonstrated; and Prior to construction or site alteration a permit from the LSRCA is required. A copy of the above noted letter is included as Schedule 4 to this report. addressed. The LSRCA will have a continuing role in these applications through: Their review and acceptance Coordination with Township Planning Staff in determining the appropriate means for implementing the recommended natural heritage mitigation measures (i.e. Site Plan Control and/or LSRCA permit). County of Simcoe Official Plan 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. The County of Simcoe has not provided the Township with comments on these applications to- date and Planning Staff do not expect any County comments at this stage. It is the opinion of Development Services Staff that this application conforms to the County Official Plan. Development Services Committee January 6, 2021 Report No. DS2020-172 Page 6 of 17 Page 257 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... Township of Oro-Medonte Official Plan Section C3 contains the policies related to the use and development of land in this designation. Specifically, Section C3.2 of the Official Plan states Plan is silent with respect to the severance of land in the Rural Settlement Area of Shanty Bay within which the subject lands are located. It is also noted, Section A4 speaks to Shanty Bay Settlement Area strategy for new residential development and is based on the need to provide municipal services as efficiently as possible to settlement areas. Section A4.2.5 deals directly with the strategy for Shanty bay directly. It states that new development will be serviced by an expansion to the existing municipal communal water system and private septic systems. The proposed lot creation which is to occur as an infill lot creation is to occur in an area that has neither municipal water or is on a private communal water system. Section A5 of the Official Plan contains provisions related to Servicing within Shanty Bay. A portion of Shanty Bay is serviced by municipally owned water or by a communal system. Prior to the creation of any new lot in a settlement area that is to be serviced by a privateseptic system, Council shall be satisfied that the soils are appropriate for the constructionand use of a private septic system on the lot. If the lot is to be serviced by a private well or the municipal water supply system, Council shall be satisfied that an adequate supplyof potable water will be available to service the new lot. The subject property is to be serviced by individual septic and well. D2.1 and D2.2.1 Plan, in evaluating the proposed application for consent. Section D2.1 Preferred Means of Land Division Land division by Plan of Subdivision, rather than by consent, shall generally be required if: a) the extension of an existing public road or the development of a new public road is required to access the proposed lots; or, b) the area that is proposed to be developed is not considered to be infilling; or, c) a Plan of Subdivision is required to ensure that the entire land holding or area is developed in an orderly and efficient manner; or, d) more than four lots including the retained lands are being created and/or the owner is retaining sufficient lands for the development of additional lots. The consent application to approve one (1) new residential lot would meet the general intent of Development Services Committee January 6, 2021 Report No. DS2020-172 Page 7 of 17 Page 258 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... maintained road. The lot will be created in a form of infilling, and the lot will be developed in an orderly and efficient matter. Section D2.2.1 New Lot by Consent General Criteria Section D2.2.1 of the Official Plan contains tests for the creation of a new lot by way of Consent. In particular, this section sta that the lot to be retained and the lot to be severed: a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis: Conforms: The severed and retained parcels would front onto a Township road, specifically Bay Street, which is maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: Bay Street is not a Provincial Highway or County Road. c) Will not cause a traffic hazard; Conforms: Upon site visit, Planning Staff noted that the severed parcel would require a new municipal entrance. No traffic concerns have been identified by the Operations Department, but the applicant will be required to obtain an entrance permit for thenew lot. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Conforms: The applicant has demonstrated to the satisfaction of the LSRCA that the proposed development can occur while avoiding lake-based hazards. Planning Staff finds the proposed lot sizes and frontage to be compatible with adjacent uses. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: As per the comments received from the Building Department, the applicant is to submit a plan to the Building Division with approximate building and sewage system envelopes for possible future development, as well as illustrating surrounding wells and their required clearances. Building Staff has advised that such a plan can be accepted as a condition of consent rather than prior to approval. f) Will not have a negative impact on the drainage patterns in the area; Conforms: The proposed dwelling on the severed lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission in accordance . This process is considered adequate to address drainage considerations. Development Services Committee January 6, 2021 Report No. DS2020-172 Page 8 of 17 Page 259 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Conforms: The retained lands are not designated or sized to accommodate development beyond the level of their current use, which is for single detached residential purposes. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area; Conforms: The applicant has provided a Planning Justification Addendum and a Natural Heritage Evaluation addressing relevant PPS, Growth Plan and LSPP policies. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Conforms: The applicant will be required at the time of building permit submission to meet all requirements for septic system installation and private water supply. No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: Planning Staff have reviewed the additional information supplied by the applicant and now find the Consent application to meet Section 51(24) of the Planning Act. Based on the above, Planning Staff is of the opinion that the applications conform to the Official Plan. Zoning By-law 97-95 -law 97- 95, as amended. Single detached dwellings are permitted in the Shoreline Residential (SR) Zone. The applicant has submitted Minor Variance Application 2020-A-52 to address: A reduced lot area of 0.17 hectares (0.42 ac.) for the severed lands; A reduced lot frontage of 20.97 m (68.8 ft.) for the severed lands; and Recognize an existing reduced front yard setback of 6.08 m (19.95 ft.) for an existing dwelling on the retained lands. Development Services Committee January 6, 2021 Report No. DS2020-172 Page 9 of 17 Page 260 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... 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 Section C3 contains the policies related to the use and development of land in this designation. \[this designation the severance of a lot for single detached residential purposes conform to the Official Plan Do the variances conform to the general intent and purpose of the Zoning By-law? -law 97- 95, as amended. A single detached dwelling is permitted in the SR Zone. The general intent of the lot area and frontage requirements of the Zoning By-law are to ensure that lots are adequately sized to permit private services such as a well and septic system on the property. It would appear that the reduction in lot frontage would not constrain the lands for proper placement of a septic system, well and a single detached dwelling on the severed lands, nor would the servicing of an existing dwelling on the retained lands be constrained. The proposed lands are located within the Shanty Bay Settlement area, and are surrounded by existing residential uses, with a broad range of lots with different lot sizes, frontages and configurations. The proposed reduction in lot frontage would be considered compatible with the uses taking place on adjacent lands in this area of Shanty Bay and would be appropriate to accommodate a detached dwelling unit while achieving the necessary setbacks as required while maintaining the existing character of the area. The requested variance to recognize the existing front yard setback of the existing dwelling on the retained lands is not anticipated to create any land use issues or incompatibilities as a result of the proposed lot severance. Therefore, Planning Staff is of the opinion that the variances meet the general intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? septic system and well details, and measures for implementing natural heritage mitigation, it is capable of Development Services Committee January 6, 2021 Report No. DS2020-172 Page 10 of 17 Page 261 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... accommodating residential uses, servicing, setbacks, amenity spaces, parking, natural hazard avoidance and buffers to protect Lake Simcoe. Based on the above, Planning Staff is satisfied that the variances are desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning yard setback of the existing dwelling. Since the lands have no abutting residential neighbours (Bay Street is to the north, Lake Simcoe is to the South, Line 2 South is to the west and the Township-owned access to the S any impacts on abutting land uses. While the creation of the proposed new lot will lead to a visual change in the neighbourhood (a dwelling where there was not one before), Staff are unable to foresee any impacts that would take away from the use and enjoyment of other properties in the neighbourhood or that would contrast negatively with the character of the existing neighbourhood to warrant not approving these applications. 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 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 Appeals Tribunal Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 Lake Simcoe Protection Plan A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services Committee January 6, 2021 Report No. DS2020-172 Page 11 of 17 Page 262 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... Corporate Strategic Goals: Planning Staff is of the opinion that these applications are consistent with the following Strategic Goal of the Township: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that Consultations: Notice of these applications were circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: LSRCA: Previously identified LSRCA concerns have been addressed (See Schedule 4 to this report) Building Division: Existing sewage system to be relocated fully on retained lands prior to severance and a permit required. Identify all existing and proposed well locations complete with OBC clearance requirements on retained, severed and surrounding lots. Conceptual septic bed area on severed lot to be further detailed with full dimensions, location setbacks and bed sizing for a proposed dwelling. All comments recommended to be satisfied as conditions of severance. Development Engineering No objection. Engineered Lot Grading required at time of building permit application Operations Division No objection. New lot will require a driveway entrance permit in the future. Bell Canada No concerns. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 4: Lake Simcoe Region Conservation Authority additional comments Conclusion: is recommended that Consent Application 2020-B-24 and Minor Variance Application 2020-A-52 be approved for the reasons that: The applications are consistent with the Provincial Policy Statement 2020 and conform to the Growth Plan 2020, the Lake Simcoe Protection Plan and the Official Plans for the Township of Oro-Medonte and the County of Simcoe; The consent complies with the criteria in Section 51(24) of the Planning Act; The variances meet the four tests of Section 45 of the Planning Act; and The applications represent good planning. Development Services Committee January 6, 2021 Report No. DS2020-172 Page 12 of 17 Page 263 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Director Development Services December 22, 2020 Development Services Committee January 6, 2021 Report No. DS2020-172 Page 13 of 17 Page 264 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... Schedule 1: Location Map Development Services Committee January 6, 2021 Report No. DS2020-172 Page 14 of 17 Page 265 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... Schedule 2: Aerial Photo Development Services Committee January 6, 2021 Report No. DS2020-172 Page 15 of 17 Page 266 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... Schedule 3: Consent Sketch Development Services Committee January 6, 2021 Report No. DS2020-172 Page 16 of 17 Page 267 of 276 7.b) DS2020-172, Derek Witlib, Manager, Planning Services re: Consent Ap... Schedule 4: LSRCA Additional Comments Development Services Committee January 6, 2021 Report No. DS2020-172 Page 17 of 17 Page 268 of 276 7.c) DS2020-144, Andria Leigh, Director, Development Services re: 2018-Z... Report Report No. To: Prepared By: DS2020-144 Council Andria Leigh, Director Development Services Meeting Date: Subject: Motion # January 6, 2021 2018-ZBA-16 Commercial _____________________ Accommodations Local Roll #: R.M.S. File #: Planning Appeal Tribunal Township Wide D14-55794 (LPAT) Hearing Representation Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-144 be received and adopted. 2. That staff proceed with Option _____ as outlined in this report in preparation for the LPAT Case Management Conference (CMC) on February 17, 2021 and subsequent LPAT hearing to be scheduled. Background: The Council of the Corporation of the Township of Oro-Medonte passed Interim Control th By-law (ICBL) No. 2018-071 on the 18 day of July, 2018. By-Law No. 2018-071, as amended, applies to all lands within the Township of Oro-Medonte. The Purpose of By-law 2018-071 was to permit the Township to undertake the necessary review of its land use planning policies pertaining to short term rentals/commercial accommodations. The effect of By-law 2018-071 is to prohibit the use of lands within the Township of Oro-Medonte for any short term rentals purpose for a period of up to one (1) year from the date of passing of the by-law. th Township Council extended the Interim Control By-law No. 2018-071 on the 11 day of July, 2019 for one (1) additional year ending on June 19, 2020. The Township held an electronic public meeting on June 25, 2020 via live streamto hear comments on a proposed draft by-law that was posted on the Township website on June 4, 2020. The draft by-law was intended to provide clarity with respect to the existing prohibition on commercial accommodations in dwelling units within the Township of Oro-Medonte. Development Services January 6, 2021 Report No. DS2020-144 Page 1of 8 Page 269 of 276 7.c) DS2020-144, Andria Leigh, Director, Development Services re: 2018-Z... Verbal and Written comments were received prior to and during the public meeting via email and regular mail. Council approved By-law 2020-073 on July 15, 2020 after taking into account the comments received and questions raised at the public meeting on June 25, 2020 By-law 2020-073 was then appealed to LPAT by one appellant. The LPAT has now scheduled a Case Management Conference (CMC) by Video for February 17, 2021 to identify parties, participants, and issues regarding the decision. In order to prepare appropriately for a hearing, direction from Council is required and is the purpose of this report. Analysis: The Township is required to be represented at the upcoming CMC and the future hearing on the basis that the appeal relates to the decision by the Township. At this time, staff have discussed the options available to the Township and provide these preferred option is required in order for legal counsel and staff to prepare for the February 17, 2021 Case Management Conference and subsequent LPAT hearing accordingly. Council has the following options with regard to the Case Management Conference and subsequent LPAT hearing: 1. Provide representation (Township solicitor and planning staff) to support ; 2. Provide representation (Township solicitor and retaining of a planning consultant) ; or 3. Provide representation (Township solicitor, planning staff and retaining of a planning consultant) to support Council decision; Option #1 would require the Township solicitor and planning staff to uphold the decision of Council that approved the Zoning By-law Amendment that was also the recommendation of the staff report (DS2020-069). Planning Staff would work with the Township solicitor in order to prepare the necessary case to be presented to the Tribunal member in decision and the Staff Reports. The subject matter of the hearing would necessitate substantial preparation by Planning Staff and a significant amount of Planning delivering core functions and serving the daily needs of rate payers and other applicants. Option # 2 would also require the Township solicitor to prepare for the LPAT Case Management Conference and hearing in support of the decision of Council that Development Services January 6, 2021 Report No. DS2020-144 Page 2of 8 Page 270 of 276 7.c) DS2020-144, Andria Leigh, Director, Development Services re: 2018-Z... approved the Zoning By-law Amendment that was the subject of staff report (DS2020- 069). The Township would then be required to retain a planning consultant that is able to provide a professional opinion in support of the decision which shall be in conformity with Provincial, County, and Township policies/plans. This option would allow Planning Staffdelivering core functions and serving the daily needs of rate payers and other applicants, while the planning consultant undertakes the majority Township staff would continue to have a limited role in the oversight, preparation for and attendance at the hearing by the Township solicitor and planning consultant. Option # 3 would continue to require the Township solicitor to prepare for the LPAT Case Management Conference and hearing in support of the application. The Township Planning Staff and a planning consultant would then work together with the solicitor to represent the Township to provide professional opinions in support of the decision which shall be in conformity with Provincial, County, and Township policies/plans. This option would reduce the amount of Planning Staff time that would need to be re-allocated under Option 1, but would require a greater investment of staff time than Option 2. On this basis, staff and legal counsel require confirmation in the form of direction from Council on the preferred option from those identified above. Financial / Legal Implications / Risk Management: and a planning preparation and representation for the Case Management Conference and subsequent hearing. Upon completion of the Case Management Conference and a determination on the scope and length of the LPAT hearing, Township staff and legal counsel will be in a position to provide an update to Council on the anticipated legal costs. 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 Development Services January 6, 2021 Report No. DS2020-144 Page 3of 8 Page 271 of 276 7.c) DS2020-144, Andria Leigh, Director, Development Services re: 2018-Z... Corporate Strategic Goals: Balanced Growth: Ensure land use planning policies manage change and promote features and attributes. Consultations: Manager of Planning Attachments: Schedule 1: Notice of Case Management Conference Conclusion: Direction from Council is required in regard to Township representation to be provided at the February 17, 2021 Case Management Conference and the LPAT hearing to be scheduled as a result. Staff have identified the options available to Council above. Respectfully submitted: Andria Leigh, RPP Director, Development Services Approvals: Date: Development Services January 6, 2021 Report No. DS2020-144 Page 4of 8 Page 272 of 276 7.c) DS2020-144, Andria Leigh, Director, Development Services re: 2018-Z... Schedule 1: Notice of Case Management Conference by Video Development Services January 6, 2021 Report No. DS2020-144 Page 5of 8 Page 273 of 276 7.c) DS2020-144, Andria Leigh, Director, Development Services re: 2018-Z... Development Services January 6, 2021 Report No. DS2020-144 Page 6of 8 Page 274 of 276 7.c) DS2020-144, Andria Leigh, Director, Development Services re: 2018-Z... Development Services January 6, 2021 Report No. DS2020-144 Page 7of 8 Page 275 of 276 7.c) DS2020-144, Andria Leigh, Director, Development Services re: 2018-Z... Development Services January 6, 2021 Report No. DS2020-144 Page 8of 8 Page 276 of 276