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02 03 2021 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Wednesday, February 3, 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 272 4. Approval of Minutes: 4 - 16a) Minutes of Development Services Committee meeting held on Wednesday, January 6, 2021. 5. Public Meetings: None. 6. Public Hearings: 17 - 40 a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services re: Minor Variance Application 2020-A-71, Wagner & Cynthia Smith, 2687 Old Barrie Road West. 41 - 71 b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Application 2021-B-01 and Minor Variance Application 2021-A-01 by Gary Gilpin, 685 Line 7 South. 72 - 98 c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Application 2021-A-02, Andrea Blake & Joseph Paul, 1038 Line 7 South. 99 - 130 d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Consent Application 2021-B-02 by Bruce North, 363 Line 12 North. 131 - 159 e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-03, Aaron & Laura Martyn 36 Elvyn Crescent. 160 - 184 f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-04, Nicole Tuyten, 15 McLean Crescent. g) 6:30 p.m. **Deferred** Consent Applications:2020-B-25, 2020-B-26, 2020- B-27, 4352 Line 11 North. 185 - 214 h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor Variance Application 2021-A-05, Cynthia & Timothy Ferris, 37 Moon Point Drive. 215 - 230 i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Application 2021-A-06, Jane Watkins, 17 Nelson Street. 7. Reports of Municipal Officers: 231 - 242 a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for Extension of Draft Plan Approval, Draft Plan of Subdivision Application 2012- SUB-03 Project Services Inc. (Oro Station). 243 - 253 b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application 2019- B-16 by Kit Cairns & Laura Welsh, 354 Horseshoe Valley Road East. 254 - 267 c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2020-A-65, David Phillips, 2 Hlynka Place. 268 - 272 d) DS2021-11, Andy Karaiskakis, Senior Planner re: Deeming By-law Page 2 of 272 Application 2021-D-01, Taryn Rae Benitez Sanchez, 34 Goss Road and Adjacent Parcel to East and West (addresses not assigned) \[Refer to Item 5a) 02 03 2021 Council Agenda\]. 8. Next Meeting Date: March 3, 2021. 9. Adjournment: a) Motion to Adjourn. Page 3 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte Development Services Committee Meeting Minutes Electronic Meeting 5:32 p.m. Wednesday, January 6, 2021 Mayor H.S. Hughes Present: Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Andria Leigh, Director, Development Services; Derek Witlib, Manager, Staff Present: Planning Services; Catherine McLean, Intermediate Planner (a portion); Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT) All Council and staff participated via Zoom platform. 1. Opening of Meeting: Deputy Mayor Hough assumed the Chair and called the meeting to order. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC210106-1 Moved by Veitch, Seconded by DeSousa It is recommended that the agenda for the Development Services Committee meeting of Wednesday January 6, 2021 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. Page 1 of 13 Page 4 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, December 2, 2020. Motion No. DSC210106-2 Moved by Greenlaw, Seconded by Keane It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, December 2, 2020 be received and approved as printed and circulated. Carried. 5. Public Meetings: a) 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.) \[Refer to Items 7a) and 5a) 01 06 2020 Council Agenda\]. Deputy Mayor called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed Application by proposed application by Lacey Robson, Michael Van Muyen and Lynda Whiston. The following correspondence was received: Township of Oro-Medonte, Building Division dated December 11, 2020; Township of Oro-Medonte, Manager, Development Engineering dated December 11, 2020; Enbridge Gas Inc. dated December 20, 2020. Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Klaus Jacoby, on behalf of the applicant, was present. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the meeting adjourned. Page 2 of 13 Page 5 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Item 7a) was dealt with at this time. Item 7b) was partially discussed at this time. The Chair indicated the item was to be held until the agent, on behalf of the applicant, was present. 6. Public Hearings: a) DS2020-170, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2020-A-65, David Phillips 2 Hlynka Place. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated December 16, 2020; Township of Oro-Medonte, Operations Division dated December 16, 2020; Township of Oro-Medonte, Building Division dated December 23, 2020; Lake Simcoe Region Conservation Authority dated December 24, 2020; Ryan Johnston, on behalf of the applicant, dated January 4, 2021; Slawko Borys, Ukrainian National Federation-Toronto Branch dated January 5, 2021. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The applicant was not present. Staff commented that no additional public registrations were received. There was no additional correspondence from the public received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210106-3 Moved by DeSousa, Seconded by Hughes It is recommended 1. 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 deferred to the February meeting at the request of the applicant. 2. That the applicant be advised of the under the Secretary-Tr Carried. Page 3 of 13 Page 6 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting b) DS2020-166, Danielle Waters, Planner re: Minor Variance Application 2020-A-66, Big Cedar Residents Assoc. & William Bennett, 57 Tamarack Drive. The following correspondence was received: Township of Oro-Medonte, Building Division dated December 15, 2020; Township of Oro-Medonte, Operations Division dated December 15, 2020; Township of Oro-Medonte, Manager, Development Engineering; dated December 16, 2020; Nottawasaga Valley Conservation Authority dated December 21, 2020. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The applicant was not present. Staff commented that no additional public registrations were received. There was no additional correspondence from the public received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210106-4 Moved by Keane, Seconded by Scott It is recommended 1. That DS2020-166, Danielle Waters, Planner re: Minor Variance Application 2020-A- 66, Big Cedar Residents Assoc. & William Bennett, 57 Tamarack Drive 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 DS2020-166. 3. That the applicant be advised of the under the Secretary-Tr Carried. Page 4 of 13 Page 7 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting c) DS2020-167, Danielle Waters, Planner re: Minor Variance Application 2020-A-67, Olga Schrage and Edmund Daniel, 7 Memorial Crescent. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering; dated December 11, 2020; Township of Oro-Medonte, Operations Division dated December 11, 2020; Township of Oro-Medonte, Building Division dated December 15, 2020. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Edmund Daniel, applicant was present. Staff commented that no additional public registrations were received. There was no additional correspondence from the public received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210106-5 Moved by Hughes, Seconded by Veitch It is recommended 1. That DS2020-167, Danielle Waters, Planner re: Minor Variance Application 2020-A- 67, Olga Schrage and Edmund Daniel, 7 Memorial Crescent 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 DS2020- 167. 3. That the applicant be advised of the under the Secretary-Tr Carried. Page 5 of 13 Page 8 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting d) DS2020-169, Catherine McLean, Intermediate Planner re: Minor Variance Application 2020-A-68, Cynthia & Timothy Ferris, 37 Moon Point Drive. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering; dated December 11, 2020; Township of Oro-Medonte, Operations Division dated December 11, 2020; Township of Oro-Medonte, Building Division dated December 15, 2020; Lake Simcoe Region Conservation Authority dated December 17, 2020. Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Tim Ferris, applicant was present. Staff commented that no additional public registrations were received. There was no additional correspondence from the public received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210106-6 Moved by Greenlaw, Seconded by Keane It is recommended 1. That DS2020-169, Catherine McLean, Intermediate Planner re: Minor Variance Application 2020-A-68, Cynthia & Timothy Ferris, 37 Moon Point Drive 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 DS2020-169. 3. That the applicant be advised of the under the Secretary-Tr Carried. Page 6 of 13 Page 9 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting e) DS2020-171, Andy Karaiskakis, Senior Planner re: Consent Application 2020-B-28 by Kent and Stacey MacGregor, 654 Ridge Road West. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering; dated December 16, 2020; Township of Oro-Medonte, Operations Division dated December 16, 2020; Bell Canada, Right of Way dated December 21, 2020; Township of Oro-Medonte, Building Division dated December 23, 2020. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Shirley Partridge, on behalf of the applicant, was present. Staff commented that no additional public registrations were received. There was no additional correspondence from the public received during this hearing. The Chair indicated the item was to be held to allow staff to prepare an alternate draft motion. When resumed, there being no further comments or questions, the hearing adjourned. Motion No. DSC210106-7 Moved by Scott, Seconded by Keane It is recommended 1. That DS2020-171, Andy Karaiskakis, Senior Planner re: Consent Application 2020- B-28 by Kent and Stacey MacGregor, 654 Ridge Road West be received. 2. That the Development Services Committee grant provisional consent to Consent Application 2020-B-28 pertaining to lands located at 654 Ridge Road West, Township of Oro-Medonte, to create a new lot having a lot area of 0.85 hectares (2.10 acres) and a lot frontage of 62.0 metres (203.4 feet) containing a dwelling that rm operation, subject to the conditions as outlined below. 3. The conditions are as follows: a) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; licitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; Page 7 of 13 Page 10 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting c) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for each lot to be created as cash-in-lieu of a parkland contribution pursuant to By- law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; d) That the applicant successfully apply to the municipality to amend the Zoning By- law to prohibit new residential uses on the retained lands and/or zoning by-law amendment for the severed lands to address any deficiencies; licitor provide a written undertaking to the Secretary- Treasurer indicating that the retained lands (farmland) will be kept in the name of the farmer/farming corporation which operates the agricultural operation on the lands; f) That the Applicant transfer to The Corporation of the Township of Oro-Medonte of all liens and encumbrances, a 3.0 metre wide road widening along the entire frontage of the severed and retained lands adjacent to Line 5 North. The Applicll prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further,ll be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the 3.0 metre widening with Line 5 North as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant; g) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ear of all liens and encumbrances, a daylighting triangle at the corner of Line 5 North and Ridge Road West (County Road 20) dimensioned to the satisfaction of the Director, Operations and Community Services, to the Township. The submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylighting triangle with Line 5 North as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. 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, Page 8 of 13 Page 11 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting 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. k) That the applicant obtain written confirmation from the County of Simcoe that Consent Application 2020-B-28 conforms to the County of Simcoe Official Plan. 4. That the applicant be advised of the under the Secretary- Carried. f) DS2020-168, Danielle Waters, Planner re: Minor Variance Application 2020-A-69, Larry Venne, 241 Eight Mile Point Road. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering; dated December 11, 2020; Township of Oro-Medonte, Operations Division dated December 11, 2020; Township of Oro-Medonte, Building Division dated December 15, 2020; Lake Simcoe Region Conservation Authority dated December 18, 2020. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Larry and Nicole Venne, applicants, were present. Staff commented that no additional public registrations were received. There was no additional correspondence from the public received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210106-8 Moved by Scott, Seconded by Veitch It is recommended 1. That DS2020-168, Danielle Waters, Planner re: Minor Variance Application 2020-A- 69, Larry Venne 241 Eight Mile Point Road 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 DS2020-168. 3. That the applicant be advised of the under the Secretary-Tr Carried. Page 9 of 13 Page 12 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting g) 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. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering; dated December 11, 2020; Township of Oro-Medonte, Operations Division dated December 11, 2020; Township of Oro-Medonte, Building Division dated December 15, 2020. Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. One of the applicant, Shannon Kelman-Finley, was present. Staff commented that no additional public registrations were received. There was no additional correspondence from the public received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210106-9 Moved by DeSousa, Seconded by Veitch It is recommended 1. That 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 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 DS2020-165. 3. That the applicants be advised of the under the Secretary-Tr Carried. Page 10 of 13 Page 13 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting 7. Reports of Municipal Officers: a) DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-law Amendment Application 2020-ZBA-19 by Hewitt Creek Farms, 274 Line 3 South. Motion No. DSC210106-10 Moved by Keane, Seconded by Greenlaw It is recommended 1. That DS2020-164, Catherine McLean, Intermediate Planner re: Zoning By-law Amendment Application 2020-ZBA-19 by Hewitt Creek Farms, 274 Line 3 South 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 appropriate draft by-law be br 4. That the applicant be advised of the under the Director, Development Services' signature. Carried. Page 11 of 13 Page 14 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting 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. Karla Tamayo, Innovative Planning Solutions Inc., on behalf of the applicant, provided comments. Motion No. DSC210106-11 Moved by Hughes, Seconded by DeSousa It is recommended 1. That 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 be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2020-B-24 by 1783048 Ontario Ltd. to permit the creation of a new lot consisting of a lot area of approximately 0.17 hectares (0.42 ac.) and a frontage of approximately 20.97 metres (68.8 ft.) and a retained parcel consisting of a lot area of approximately 0.24 hectares (0.59 ac.) and a frontage of approximately 36.46 metres (119.62 ft.), subject to the conditions as outlined in DS2020-172. 3. 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 DS2020-172. 4. That an additional condition be added as follows: That the existing accessory building on the severed parcel be removed in accordance with the application. 5. That the applicant be advised of the under the Secretary Tr Carried. Page 12 of 13 Page 15 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting c) DS2020-144, Andria Leigh, Director, Development Services re: 2018-ZBA-16 anning Appeal Tribunal (LPAT) Hearing Representation. Motion No. DSC210106-12 Moved by Hughes, Seconded by Veitch It is recommended 1. That DS2020-144, Andria Leigh, Director, Development Services re: 2018-ZBA-16 anning Appeal Tribunal (LPAT) Hearing Representation be received and adopted. 2. That staff proceed with Option 3, as outlined in DS2020-144, in preparation for the LPAT Case Management Conference (CMC) on February 17, 2021 and subsequent LPAT hearing to be scheduled. Carried. 8. Next Meeting Date: Wednesday, February 3, 2021. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC210106-13 Moved by DeSousa, Seconded by Greenlaw It is recommended that we do now adjourn at 8:05 p.m. Carried. An audio recording of the meeting is av _____________________________ ________________________________________ Deputy Mayor Ralph Hough, Chair Derek Witlib, Manager, Planning Services Page 13 of 13 Page 16 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Report Report No. To: Prepared By: DS2021-016 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # February 3, 2021 Minor Variance Application _____________________ 2020-A-71 Roll #: R.M.S. File #: Wagner & Cynthia Smith 4346-010-001-05401 D13-58937 2687 Old Barrie Road West Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2021-016 be received and adopted. 2. That Minor Variance Application 2020-A-71 by Wagner & Cynthia Smith, specifically to permit: an Apartment Dwelling Unit with a means of egress to the apartment dwelling unit that is shared with the main dwelling unit, on lands municipally known as 2687 Old Barrie Road West, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-016. 3. The conditions are as follows: a) That notwithstanding Section 5.4(d) Apartment Dwelling Units Accessory to a Single Detached Dwelling Means of Egress, the existing dwelling and the proposed apartment dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; and, b) That the appropriate Zoning Certificate and Building Permit be obtained binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services decision under the Secretary- signature. Background: The subject property has a lot area of 0.24 hectares (0.6 acres) and contains a single detached dwelling and swimming pool (refer to Schedules 1 and 2). The applicant is proposing to construct a basement apartment dwelling unit and is requesting relief from the following section of Zoning By-law 97-95, as amended: Development Services February3, 2021 Report No. DS2021-016 Page 1of 9 Page 17 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Section 5.4 (d) Apartment Dwelling Units Accessory to a Single Detached Dwelling Required: Proposed: The apartment dwelling unit has a means To permit a means of egress to the of egress to the outside that is separate apartment dwelling unit that is shared with from any means of egress for another the main dwelling unit. dwelling unit. Th and floor plan/elevations are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies The policies of the Growth Plan for the Greater Golden Horseshoe have been reviewed and are not affected in the context of the proposed development. The lands are subject to the Provincial Policy Statement (PPS) and the proposed development of an apartment dwelling unit accessory to a single detached dwelling on the lands is consistent with the PPS which encourages secondary suites such a that being proposed through this application. County Official Plan The subject property is designated Agricultural by the Simcoe County Official Plan. The Agricultural Designation permits limited residential development. opinion, the proposed Official Plan as the proposed basement apartment dwelling unit is an extension to the existing residential use that is permitted by the policies. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services February3, 2021 Report No. DS2021-016 Page 2of 9 Page 18 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Do the variances conform to the general intent and purpose of the Official Plan? Official Plan. The lands for uses that are permitted by the Zoning By-law including the proposed apartment dwelling unit that is the subject of this application. Planning Staff is of the opinion that the proposed variance conforms to the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Rural Residential Two (RUR2) Zone Zoning By-law No. 97-95, as amended, which permits a single detached dwelling, as well as an accessory apartment within such a dwelling. The Zoning By-law regulates both the dwelling and the apartment dwelling unit (second suite). One of the zoning requirements is the apartment dwelling unit having a means of egress to the outside that is separate from any means of egress for another dwelling unit. The dwelling is a one storey brick dwelling and the applicants are proposing to utilize the existing access through a common hallway to provide access to both the dwelling and the accessory apartment. Support for this variance with limited entrances to the dwelling, will ensure the building continues to reflect the single detached nature of the subject lands and the surrounding area. With this arrangement, the main floor dwelling unit will clearly be the main dwelling unit in the building in terms of its appearance and function. On the basis of the preceding, the requested variance is considered to meet the purpose and intent of the Zoning By-law and would be considered appropriate for the desirable development of the lot. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed basement apartment unit and the common access to both the dwelling and the apartment dwelling unit to look out of place or detract from the character of this rural residential area. On this basis, Planning Staffare satisfied that the proposed development would be desirable for the appropriate development of the lot. The subject lands are partially regulated by the Nottawasaga Valley Conservation Authority (NVCA); however the existing dwelling subject to this minor variance is located outside of the regulated area and therefore not subject to the requirement to obtain a permit from the NVCA. Are the variances 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 or use of the surrounding area, the variance is considered to be minor. Development Services February3, 2021 Report No. DS2021-016 Page 3of 9 Page 19 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 Growth Plan for the Greater Golden Horseshoe, 2019 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. Staff are of the opinion that the proposed development will not negatively impact the natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering No comment. Township Infrastructure and Capital Projects No objections. Township Building Department - All construction shall conform to the Ontario Building Code. Building Permit required for all construction. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Development Services February3, 2021 Report No. DS2021-016 Page 4of 9 Page 20 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Floor Plan and Elevation Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-71 to permitan apartment dwelling unit accessory to a single detached dwelling with a means of egress to the apartment dwelling unit that is shared with the main dwelling unit, on lands municipally known as 2687 Old Barrie Road West, Township of Oro-Medonte, be approved, on the basis that the application is consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, the Township of Oro-Medonte Official Plan, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Andria Leigh, RPP, Director, Development Services Approvals: Date: Development Services February3, 2021 Report No. DS2021-016 Page 5of 9 Page 21 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Development Services February3, 2021 Report No. DS2021-016 Page 6of 9 Page 22 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Development Services February3, 2021 Report No. DS2021-016 Page 7of 9 Page 23 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Schedule 3 Applicants Site Plan Development Services February3, 2021 Report No. DS2021-016 Page 8of 9 Page 24 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Schedule 4Applicants Floor Plan and Elevation Development Services February3, 2021 Report No. DS2021-016 Page 9of 9 Page 25 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 20, 2021 10:07 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2020-A-71) Smith Teresa Development Engineering has No Comment regarding the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 26 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 20, 2021 9:46 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2020-A-71) Smith Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 27 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 27, 2021 10:42 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2020-A-71) Smith Building Division comments are as follows; 1. All construction shall conform to the Ontario Building Code. Building Permit required for all construction. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 28 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Nottawasaga Valley Conservation Authority 1 February 2021 SENT VIA EMAIL Andy Karaiskakis, Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario L0L 2E0 Re: Committee of Adjustment Application File # 2021-A-71 2687 Old Barrie Road West Township of Oro-Medonte, County of Simcoe Dear Mr. Karaiskakis, NVCA staff have reviewed the above-noted Application for Minor Variance to permit a means of egress to the apartment dwelling unit that is shared with the main dwelling unit. NVCA Staff have received and reviewed the following documents submitted with this application: (provided on circulation) NVCA staff have 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 172/06. 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 proximity of Willow Creek and the flood hazard associated with the watercourse. Delegated Responsibility and Statutory Comments: 1.NVCA 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 provided drawing indicates that the proposed dwelling unit is not within the natural hazard area. 2.NVCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 172/06. 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, Nottawasaga Valley Conservation Authority A member of Conservation Ontario th 8195 8 Line, Utopia, ON L0M 1T0 T: 705-424-1479 F: 705-424-2115 Page 29 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... watercourses, hazardous lands and wetlands. Development taking place on these lands will 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. NVCA also regulates the alteration to or interference in any way with a watercourse or wetland. The existing dwelling and driveway entrance are not within the mapped flood hazard. Summary The NVCA 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 and NVCA policy. Based on the above comments, it is the opinion of the NVCA that: Consistency with Section 3.1 of the PPS has been demonstrated; Ontario Regulation 172/06 applies to the subject site within the NVCA regulation limit where permission from the NVCA is required prior to any municipal approvals. The proposed development (dwelling unit) is outside the NVCA regulation limit and as such, the NVCA has no concerns with the approval of this minor variance. On this basis, any approval of this application should be subject to the following conditions: The Owner shall obtain a Clearance Letter from the NVCA. Thank you for circulating this application and please forward a copy of any decisions. Sincerely, Emma Perry Planner III Page 30 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Minor Variance (2020-A-71) Smith Agricultural Residential 2687 Old Barrie Road West Rural Residential Two (RUR2) Location: Zoning: Official Plan: Current Use: Page 31 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... and is seeking relief to the following Minor Variance (2020-A-71) Smith The applicant is proposing to construct an accessory dwelling unit Purpose: within an existing single detached dwelling section of Zoning By-law 97-95, as amended: Page 32 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Minor Variance (2020-A-71) Smith Aerial Photo: Page 33 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Minor Variance (2020-A-71) Smith Page 34 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Minor Variance (2020-A-71) Smith Drawing: Page 35 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Minor Variance (2020-A-71) Smith Drawing: Page 36 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... View from County Road 93 Minor Variance (2020-A-71) Smith Notice sign posted Page 37 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Road View looking west on Old Barrie Minor Variance (2020-A-71) Smith Road View looking east on Old Barrie Page 38 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... neighbourto east View of dwelling and View of existing dwelling entrance Minor Variance (2020-A-71) Smith Existing dwelling Page 39 of 272 6.a) 5:30 p.m. DS2021-16, Andria Leigh, Director, Development Services r... Minor Variance (2020-A-71) Smith Recommendation: Approve Page 40 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Report Report No. To: Prepared By: DS2021-014 Development Services Committee Danielle Waters Planner Meeting Date: Subject: Motion # February 3, 2021 Consent Application 2021-B-01 _____________________ and Minor Variance Application Roll #: R.M.S. File #: 2021-A-01 by Gary Gilpin 4346-010-009-10000 D10-58939 685 Line 7 South D13-58939 Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2021-014 be received and adopted; 2. That Consent Application 2021-B-01 by Gary Gilpin, to create a residential lot on the lands municipally known as 685 Line 7 South, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-014. 3. The conditions are as follows: a) 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 the retained parcel; b) That the applicant obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte; c) That the Applicant transfer to The Corporation of the Township of Oro-Medonte all liens and encumbrances, a 3.0 metre road widening on both the severed and retained parcel to the satisfaction of prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted road widening as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. Development Services Committee February 3, 2021 Report No. DS2021-014 Page 1 of 14 Page 41 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... d) That the applicant removes the existing attached garage on the retained lands as to notencroach onto the severed lands; e) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for reach residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That the applicant submit, to the satisfaction of the Chief Building Official, a plan complete with dimensions, verifying that the severed/retained parcel may be capable of accommodating an appropriate private on-site sewage disposal system and wells. Surrounding wells and required clearances shall be incorporated in the plan; h) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Survey or be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; i) for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; j) 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, k) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.) WARNING: Failing to fulfil the conditions within the above-noted statutory one year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2021-A-01 by Gary Gilpin, specifically to permit a severed lot with a minimum lot frontage of 29.8 metres (98 feet), a retained lot with a minimum lot frontage of 29.8 metres (98 feet) and lot area for both lots as 0.19 hectares on the lands municipally known as 685 Line 7 South, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-014. 5. The conditions are as follows: a) That, notwithstanding Table B1 of Zoning By-law 97-95, the severed and retained lot shall otherwise comply with all other applicable provisions of the Zoning By-Law; b) That the applicant submit an Engineered Lot Grading Plan (ELG) at the time of Building Permit Application. The ELG for the Severed Lot shall ensure the Retained Lot drainage continues to function and flow is not impeded. The Severed Lot ELG shall ensure the North Property Line Swale is contained within the Lot and that it accommodates run-off volumes from the Retained Lot as required. The ELG shall include sediment and erosion control in efforts to protect the adjacent Significant Woodland; c) That the appropriate Zoning Certificate, Entrance Permit, Engineered Lot Grading Plan Approval and Building Permit be obtained from the Township only after the Act R.S.O. 1990, c.P. 13. Development Services Committee February 3, 2021 Report No. DS2021-014 Page 2 of 14 Page 42 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... 6. ions Background: Property Information The property is located at 685 Line 7 South. The lot is approximately 0.38 hectares (0.94 acres) in size and contains a single detached dwelling and detached accessory building. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Consent Application 2021-B-01 The purpose of Consent Application 2021-B-01 is the creation of a new residential lot. The consent sketch is included as Schedule 3. The details of the proposed consent (severance), are provided in the table below. Lands to be Severed: Lands to be Retained: Frontage: Approximately 29.8 m (98.0 ft.) Approx. 29.8 m (98.0 ft.) Depth: Approximately 63.7 m (209.0 ft.) Approximately 63.7 m (209.0 ft.) Area: Approximately 0.19 ha (0.47 ac.) Approximately 0.19 ha (0.47 ac.) Use: Residential Residential Minor Variance Application 2021-A-01 The lands are also the subject of a related Minor Variance Application 2021-A-01. The applicant has revised the variances requested as follows. The applicant is proposing to sever lands and is seeking relief from the following sections of Zoning By-law 97-95, as amended: Lands to be Severed/Retained: Table B1 R1 Lot Area Required: Proposed: 0.2 hectares 0.19 hectares Table B1 R1 Lot Frontage Required: Proposed: 30 metres (98.4 feet) 29.8 metres (98 feet) Development Services Committee February 3, 2021 Report No. DS2021-014 Page 3 of 14 Page 43 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas and Section 2.1 Natural Heritage are applicable to this application. This application represents limited residential development that is consistent with the PPS with respect to Rural Areas, as the lands are designated by the T of development. The subject lands are located in an established Rural Settlement Area (Oro Station) 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 residential) and the proposed lot size and dimensions are consistent the range of lot sizes already existing within the Oro Station Settlement Area, are capable of being privately serviced for sewage and water (the majority of lots in Oro Station are serviced 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. Section 2.1 Natural Heritage contains policies concerning the long-term prosperity and protection of natural heritage features. This Section states that development or site alteration shall not be permitted on or adjacent to natural heritage features unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Within the Township Official Plan, a Significant Woodland has been identified outside of the Settlement Area on an adjacent lot. However, there is existing development (a church and a parking lot between the proposed new lot and the Significant Woodland, thereby buffering the woodland from the proposed development. Furthermore, the lands to be severed are not tree-covered and do not form an extension of the woodland, so no portion of the woodland would be removed by the development. Based on the above-noted circumstances, Planning Staff is of the opinion that an Environmental Impact Study (EIS) is not needed to conclude that the proposed development will not impact the Significant Woodland, and that no further information is needed to demonstrate that the applications are consistent with Section 2.1 Natural Heritage. Based on the above, Planning Staff are of the opinion that the applications are consistent with the PPS. A Place to Grow (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 Development Services Committee February 3, 2021 Report No. DS2021-014 Page 4 of 14 Page 44 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... 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 (Oro Station), Growth Plan. The proposed development is also located within 120 metres of a Key Natural Heritage Feature (Significant Woodland), however Section 4.2.4 - Lands Adjacent to Key Natural Heritage Features only applies outside of settlement areas and therefore does not apply to the subject lands. opinion that the proposed severance and minor variances conform to the Growth Plan as the location of the proposed development will not affect the Significant Woodland. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside the Lake Simcoe Region Conservation Authority regulated area and the Township is not required to circulate consent and minor variance applications that are not within the regulated area to the LSRCA. However, the property is located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP). Planning Staff have reviewed the subject consent and minor variance applications in context to the policies in the LSPP. Policy 6.32-DP states that: Key natural heritage and Key Hydrologic Features sections do not apply to lands within a Settlement Area. Policy 6.34-DP avoiding/mitigating urban runoff into a feature. This will be done via the requirement for an Engineered Lot Grading Plan. County of Simcoe Official Plan within settlements, and minimize land consumption and se 2016). Section 3.5 speaks to Settlement Areas. As per Table 5.1, Oro Station is a recognized Settlement Area. , the proposed consent and minor variances appear to generally conform to these policies as the proposed lot is limited in size and located within an existing residential area. Under the General Development Policies, Section 3.3.13 states that all development within the area of the Lake Simcoe Protection Plan is required to satisfy the provisions of Section 3.13 of this Plan. Section 3.13 reiterates the policies listed in the Lake Simcoe Protection Plan which are discussed in the previous section of this report. Planning Staff is satisfied that these policies have been addressed with the requirement of an Engineered Lot Grading Plan. Development Services Committee February 3, 2021 Report No. DS2021-014 Page 5 of 14 Page 45 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... As per Section Features, do not apply to lands within a Settlement Area. Section 3.13.28.c) speaks to avoiding/mitigating urban runoff into a feature. This will be done via the requirement for an Engineered Lot Grading Plan. On this basis, Planning Staff is of the opinion that Consent application 2021-B-01 and Minor Variance application 2021-A-01 generally conform As of the preparation of this report, Development Services Staff has not received comments from the County. Committee members should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated Rural Settlement Area Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. The proposed consent was assessed against the development of land policies in the Rural Settlement Area. This Designation does not have general development policies in relation to residential lot severances. Official Plan, in evaluating the proposed application for consent. The following comments below address the general criteria for severances outlined 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 Line 7 South, which is maintained year-round by the Township. The Townships Operations Department has requested a 3.0 metre road widening for both properties. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The subject lands do not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Conforms: No traffic concerns have been identified by the Operations Department, but the applicant will be required to obtain an entrance permit for the severed lots new driveway entrance. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Development Services Committee February 3, 2021 Report No. DS2021-014 Page 6 of 14 Page 46 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Conforms: Subject to approval of Minor Variance Application 2021-A-01, both the severed and retained parcels would comply with the Zoning By-law. The applicant is seeking relief from the Zoning By-law to permit a lot frontage of 29.8 metres (98 feet) and lot area of 0.19 hectares for both the severed and retained parcel. Additionally, the current and proposed residential uses are permitted and compatible with the adjacent residential uses along Line 7 South. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: Any future dwelling on the severed lands would be serviced by private individual on-site services (well and septic system). The CBO has requested that a condition be added to the consent application stating that the applicant must provide verification of the current septic location, and proposed septic location to be completed by a qualified individual to be reviewed to the satisfaction of the Chief Building Official (CBO). f) Will not have a negative impact on the drainage patterns in the area; Conforms: The severed and retained lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. The ELG for the Severed Lot shall ensure the Retained Lot drainage continues to function and flow is not impeded. The Severed Lot ELG shall ensure the North Property Line Swale is contained within the Lot and that it accommodates run-off volumes from the Retained Lot as required. This will be reviewed by the Townships Manager of Development Engineering at the time of submission. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Conforms: The retained lands are designated Rural Settlement Area and are thus not designated for development beyond the level of their current use, which is for single detached residential purposes. Additionally, development of and access to the retained lands or other parcels will not be restricted. The property to the South on Line 7 is zoned Institutional, and it already developed. The proposed lot should not impact future development on this lot. h) Will not have a negative impact on the features and functions of any ecological feature in the area; Conforms: Planning Staff believe that no negative impacts will occur on the features and functions of any ecological feature in the area. The requirement for an Engineered Lot Grading Plan that shows the proposed silt and sedimentation control for the proposed development will control any runoff that is created during the construction process. Development Services Committee February 3, 2021 Report No. DS2021-014 Page 7 of 14 Page 47 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... 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: The Consent application has been reviewed in context to Section 51(24) of Based on the above, Planning Staff are satisfied that the proposed severance conforms to the Zoning By-law 97-95 The subject lands are zoned Residential One (R1-law 97-95, as amended. As per Table A1, single detached dwellings are permitted in the Residential One (R1) zone. Subject to approval of Minor Variance Application 2021-A-01, both the severed and retained parcels would comply with the Zoning By-law. The applicant is seeking relief from the Zoning By-law to permit a lot frontage of 29.8 metres (98 feet) and lot area of 0.19 hectares for both the severed and retained parcel. These variances will be examined in more detail in the following sections. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services Committee February 3, 2021 Report No. DS2021-014 Page 8 of 14 Page 48 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Rural Settlement Area Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variance pertaining to severance 2021-B-01 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? As described above, the subject lands are zoned Residential One (R1 Zoning By-law 97-95, as amended. -law requires a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). The applicant is proposing a lot frontage of 29.8 metres (98 feet) and lot area of 0.19 hectares for both the severed and retained parcel. The Zoning By- and lot area requirements are intended to ensure that there is adequate space on the lot to fit a dwelling, well, septic system and driveway, with appropriate setbacks to the neighbouring dwellings, as well as to achieve a rural character comprised of relatively large lots. Planning Staff, in consultation with the Chief Building Official, are satisfied that that the proposed lot frontage and area will be able to support the residential development, subject to septic designs being submitted and reviewed by the Chief Building Official. There is an existing attached garage that the applicant has indicated will be removed,and therefore will not encroach on the severed lot. Planning Staff have included a recommended condition of consent that speaks to its removal. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed lot frontage/area to standout, look out of place or detract from the character of this established neighbourhood. Upon site visit, Planning Staff noted that the proposed variances for reduced lot frontages/areas on the severed and retained lands are not out of character for the area. A number of the properties along Ridge Road and Line 7 South have reduced frontages. Based on the comments from the Building Division, the severed and retained lands are in general considered large to accommodate private services (well and septic system), but a more detailed design by a qualified individual would demonstrate how a dwelling, driveway, septic system will be accommodated on the severed and retained lands. This design is recommended as a condition of consent and would be reviewed to the satisfaction of the . Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Development Services Committee February 3, 2021 Report No. DS2021-014 Page 9 of 14 Page 49 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as severed and retained lands would remain large enough to be privately serviced, and the proposed development is not anticipated to have any adverse impact on the neighbouring properties or the neighbourhood in general. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeals Tribunal Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 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: Planning Staff is of the opinion that these applications are consistent with the following Strategic Goal of the Township: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that Consultations: Notice of these applications were circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: Building Division location on the existing property. Owner/applicant to identify the following; Development Services Committee February 3, 2021 Report No. DS2021-014 Page 10 of 14 Page 50 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... o Confirm location of all existing sewage system components, tank, runs, header and their locations etc. o Identify all well clearance radiuses (existing, proposed and any surrounding) in conformance with OBC. o If existing sewage system is located within clearances, identify permitted replacement location of existing sewage system. o Submit sewage design for proposed lot to confirm ability for proposed lot to support development. Complete with required clearances and setbacks to proposed structure. Development Engineering No objection. o An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. o The ELG for the Severed Lot shall ensure the Retained Lot drainage continues to function and flow is not impeded. o The Severed Lot ELG shall ensure the North Property Line Swale is contained within the Lot and that it accommodates run-off volumes from the Retained Lot as required. Operations Division requires a 3.0m road widening across both the severed and retained lands; the new lot will require an entrance permit at time of construction Bell Canada No concerns Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Revised Consent Sketch Conclusion: ese applications, recommendation that Consent Application 2021-B-01 be approved, specifically to permit the creation of a new residential lot on the lands municipally known as 685 Line 7 South, and that Minor Variance Application 2021-A-01 be approved, specifically to permit a severed lot with a minimum lot frontage of 29.9 metres (98 feet) and lot area of 0.19 hectares for both the severed and retained parcel, as the Consent satisfies Section 51(24) of the Planning Act, the Minor Variances meets the four tests of the Planning Act, and both applications conform and are consistent with applicable Provincial, County and Township land use policies. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Derek Witlib, Manager Planning Services January 28, 2021 Andria Leigh, Director Development Services January 28, 2021 Development Services Committee February 3, 2021 Report No. DS2021-014 Page 11 of 14 Page 51 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Schedule 1: Location Map Development Services Committee February 3, 2021 Report No. DS2021-014 Page 12 of 14 Page 52 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Schedule 2: Aerial Photo Development Services Committee February 3, 2021 Report No. DS2021-014 Page 13 of 14 Page 53 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Schedule 3: Consent Sketch Development Services Committee February 3, 2021 Report No. DS2021-014 Page 14 of 14 Page 54 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Tuesday, January 19, 2021 1:54 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-B-01) & (2021-A-01) Gilpin Teresa Development Engineering has No Objection to either of the two noted Applications above. 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 55 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 27, 2021 11:14 AM ƚʹ Waters, Danielle <dwaters@oro-medonte.ca> /ĭʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ 2021-B-01 Danielle As per our conversation, please find 2 additional comments (below in red) relating to the ELG requirement for the Severed Lot. This offers more definitive direction at the time of Building Permit Application. Should you have questions contact me at your convenience. Stay Healthy ! Dave The ELG for the Severed Lot shall ensure the Retained Lot drainage continues to function and flow is not impeded. The Severed Lot ELG shall ensure the North Property Line Swale is contained within the Lot and that it accommodates run-off volumes from the Retained Lot as required. David Saunders Manager, Development Engineering Township of Oro-Medonte Page 56 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, January 19, 2021 2:09 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-B-01) & (2021-A-01) Gilpin Teresa Operations will require a 3.0m road widening across both the severed and retained lands. Under the Road Network Plan, Line 7 South is designated at a collector road requiring a 23.0m ROW. The new lot will require an entrance permit at the time of construction. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 57 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... CƩƚƒʹ Moyle, Jacqueline <jacqueline.moyle@bell.ca> {ĻƓƷʹ Thursday, January 21, 2021 10:10 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ 705-21-069 RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-B-01) & (2021-A-01) Gilpin Hi Teresa, Re: 2021-B-01 Details: Applications for Consent 685 Line 7 South Township of Oro-Medonte Bell File 705-21-069 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 58 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 27, 2021 9:48 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-B-01) & (2021-A-01) Gilpin Building Division comments are as follows, 1. property. Owner/applicant to identify the following; a. Confirm location of all existing sewage system components, tank, runs, header and their locations etc. b. Identify all well clearance radiuses (existing, proposed and any surrounding) in conformance with OBC. c. If existing sewage system is located within clearances, identify permitted replacement location of existing sewage system. d. Submit sewage design for proposed lot to confirm ability for proposed lot to support development. Complete with required clearances and setbacks to proposed structure. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 59 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Consent (2021-B-01) and Minor Variance (2021-A-01) Gilpin Rural Settlement Residential 685 Line 7 South Residential One (R1) Location: Zoning: Official Plan: Area Current Use: Page 60 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Consent (2021-B-01) and . Minor Variance (2021-A-01) Gilpin The purpose of Consent Application 2021-B-01 is to create a new Purpose: residential lot. The details of the proposed severance are: Page 61 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Consent (2021-B-01) and . Minor Variance (2021-A-01) Gilpin The purpose of Minor Variance Application 2021-A-01 is to request Purpose: relief to the following sections of Zoning By-law 97-95, as amended: Page 62 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Consent (2021-B-01) and Minor Variance (2021-A-01) Gilpin Aerial Photo: Page 63 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Consent (2021-B-01) and Minor Variance (2021-A-01) Gilpin Page 64 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Notice signs posted Consent (2021-B-01) and Minor Variance (2021-A-01) Gilpin Page 65 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Consent (2021-B-01) and Minor Variance (2021-A-01) Gilpin View looking north on Line 7View looking south on Line 7 Page 66 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... removed Existing dwelling on retained lands, attached garage to be {ĻǝĻƩĻķ Consent (2021-B-01) and Minor Variance (2021-A-01) Gilpin wĻƷğźƓĻķ retained lands, and rear yard Existing accessory building on Page 67 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... on left of photo Proposed severed lot, retained Proposed lot line Consent (2021-B-01) and Minor Variance (2021-A-01) Gilpin parking lot and neighbouringchurch Lot line between severed Page 68 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Consent (2021-B-01) and Minor Variance (2021-A-01) Gilpin Recommendation for Consent 2021-B-01: Approve Page 69 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Consent (2021-B-01) and Minor Variance (2021-A-01) Gilpin Page 70 of 272 6.b) 5:40 p.m. DS2021-14, Danielle Waters, Planner re: Consent Applicati... Consent (2021-B-01) and Minor Variance (2021-A-01) Gilpin Recommendation for Minor Variance 2021-A-01: Approve Page 71 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Report Report No. To: Prepared By: DS2021-012 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # February 3, 2021 Minor Variance Application _____________________ 2021-A-02 Roll #: R.M.S. File #: Andrea Blake & Joseph Paul 4346-010-009-40300 D13-58940 1038 Line 7 South Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2021-012 be received and adopted. 2. That Minor Variance Application 2021-A-02 by Andrea Blake & Joseph Paul, specifically for permission to permit a detached accessory building with an increase in height to 6.59 metres (21.6 feet), increase in floor area to 171.3 square metres (1,844 square feet), and increase in lot coverage to 5.43% on the lands municipally known as 1038 Line 7 South, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-012. 3. The conditions are as follows: a. That notwithstanding Section 5.1.4 Maximum Height, Section 5.1.5 - Maximum lot coverage, and Section 5.1.6 Maximum floor area of Zoning By-law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure is not to be used for human habitation; c. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d. That the applicant shall provide payment of $525 to the LSRCA as per the LSRCA Fee Schedule for review of the Minor Variance application; e. That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant decision under the Secretary- Development Services Feb 3, 2021 Report No. DS2021-012 Page 1of 11 Page 72 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Background: The subject property has a lot area of 0.29 hectares (0.72 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling with an area of 221.6 sq. m. (2,385 sq. ft.) and several detached accessory buildings with a total area of 54.4 sq. m. (585.6 sq. ft.). The applicants are proposing to construct a new detached accessory building. The applicants are requesting relief from the following Section of Zoning By-law 97-95, as amended: Section 5.1.4 - Maximum height Required: Proposed: 4.5 metres (14.7 feet) 6.59 metres (21.6 feet) Section 5.1.5 - Maximum lot coverage Required: Proposed: The maximum lot coverage of all 5.43% lot coverage detached accessory buildings and structures on a lot, excluding boathouses, is 5% Section 5.1.6 Maximum floor area Required: Proposed: 70 square metres (753.5 square feet) First Floor: 99.8 square metres (1,075 square feet) Second Floor: 71.5 square metres (770 square feet) Total: 171.3 square metres (1,844 square feet) The applicant site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage, Section 2.2 Water and Section 3.1 Natural Hazards are applicable to this application. Development Services Feb 3, 2021 Report No. DS2021-012 Page 2of 11 Page 73 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... 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. Consistency with this section is met as per comments provided by LSRCA. Section 2.2 Planning staff are confident that the comments provided by the LSRCA satisfy this section. The requirement for an Engineered Lot Grading plan will also control erosion and sedimentation during the construction process. Section 3.1 Natural Hazards is met as per comments provided by the LSRCA. 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, Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed detached accessory building (garage) is consistent with the Rural Areas policies in the Growth Plan 2020as the lands subject to this application are already an established residential area. 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 policyis 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 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 as the subject land is already developed for residential purposes. Development Services Feb 3, 2021 Report No. DS2021-012 Page 3of 11 Page 74 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Lake Simcoe Protection Plan (LSPP) The subject lands is regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated for this application and reviews applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has provided comments to the Township, advising that the LSRCA has no concerns with this application and a LSRCA permit will not be required. County of Simcoe Official Plan promote long-term diversity and viability of rural economic acti 2016). Section 3.7.4 permits limited residential development in the rural designation. construction of a detached accessory building to a residential dwelling is a permitted use on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The subject lands are the policies of the Plan, permitted uses within the Shoreline designation are single detached dwellings and by extension accessory uses to the residential use. The Shoreline designation allows for limited shoreline development and must maintain the existing character of this predominantly residential area. 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 Feb 3, 2021 Report No. DS2021-012 Page 4of 11 Page 75 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Shoreline Residential (SR- law 97-95, as amended. Single detached dwellings are permitted in the SR Zone and the proposed detached accessory building would be accessory to this permitted use. The general intent of the Zoning By-law in requiring the maximum height, floor area and lot coverage requirements is to ensure that an accessory building will continue to be secondary and subordinate to the primary use of the property as residential. The proposed detached accessory building will be smaller in size (floor area) and height than the existing dwelling. The proposed accessory building will be located well back from the road; however, it will be in the front yard. For properties that are adjacent to Lake Simcoe, the Zoning By-law permits a detached accessory building in the front yard, provided that the building complies with a minimum 7.5 metre setback from the front lot line. In this case, the accessory building is proposed to be located more than 35 metres from the front lot line. Upon site inspection, it was confirmed that there is mature vegetation located along the lot lines and within the property that would partially screen the building from the street. It is Planning Staffs opinion that based on the combination of the proposed accessory building remaining smaller than the dwelling, a significantly large proposed setback from the street and the mature vegetation existing on the property that the proposed accessory building would therefore continue to appear secondary and subordinate to the residential use of the property. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted that the proposed building would be partially visible from the neighbouring properties and from Line 7 South, but that the existing mature vegetation along the interior lot lines and substantial setback of over 35 metres would effectively buffer the presence of the building. There are several smaller existing accessory buildings currently on the property. The proposed structure will be in keeping with the character of the neighbourhood as several surrounding properties have detached buildings, with one of these being a two storey structure. Section 5.1.1 of the Zoning By-law speaks to no detached accessory building shall be used for human habitation, therefore condition 3. b) Of this minor variance will restrict the building to storage use only. The proposed structure will not interfere with functional matters such as parking and the septic system. The septic system is located between Lake Simcoe and the existing dwelling. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Development Services Feb 3, 2021 Report No. DS2021-012 Page 5of 11 Page 76 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. The structure is not anticipated to have an adverse impact on the neighbourhood as it will appear to be secondary from the road, be well set back into the property and some mature vegetation will soften the appearance of the building from neighbouring properties and Line 7 South. The proposed accessory building is set well back from the road, and is smaller in height and floor area than the existing dwelling. In Planning . As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend the Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 A Place to Grow, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote features and attributes. Staff are of the opinion that the proposed development will not negatively impact the and is therefore consistent with the Strategic Plan. Development Services Feb 3, 2021 Report No. DS2021-012 Page 6of 11 Page 77 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering no objections, Engineered Lot Grading required Township Building Services no comments received Township Infrastructure and Capital Projects no objections, an entrance permit will be required should works be done on the entrance LSRCA Shall provide LSRCA circulation fee; no permit required; no natural heritage concerns Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Site Plan Schedule 4: Applicant Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-02 be approved, specifically to permit a detached accessory building with an increase in height to 6.59 metres (21.6 feet), increase in floor area to 171.3 square metres (1,844 square feet), and increase in lot coverage to 5.43% on the lands municipally known as 1038 Line 7 South 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 January 27, 2021 Andria Leigh, Director, Development Services January 28, 2021 Development Services Feb 3, 2021 Report No. DS2021-012 Page 7of 11 Page 78 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Schedule 1: Location map Development Services Feb 3, 2021 Report No. DS2021-012 Page 8of 11 Page 79 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Schedule 2: Aerial Photo Development Services Feb 3, 2021 Report No. DS2021-012 Page 9of 11 Page 80 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Schedule 3: Applicant Site Plan Development Services Feb 3, 2021 Report No. DS2021-012 Page 10 of 11 Page 81 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Schedule 4: Applicant Elevation Plan Development Services Feb 3, 2021 Report No. DS2021-012 Page 11 of 11 Page 82 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Tuesday, January 19, 2021 1:38 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-A-2) Blake & Paul 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 83 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, January 19, 2021 2:06 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-A-2) Blake & Paul Teresa Operation has no objections to this application. An entrance permit will be required if any work is undertaken on the entrance. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 84 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ January 25, 2021 File No: 2021-A-02 IMS File No.: VA-138618-011921 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 1038 Line 7 South Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of a detached accessory building with a height of 6.59 metres and flood area of 99.8 square metres. The variance will also permit a lot coverage of 5.43%. 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 85 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... 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, 2020) as well as the natural heritage policies of the PPS and other provincial policies such as the Growth Plan (A Place to Grow, 2020). The proposed garage is not located within the shoreline hazard lands or any natural heritage features. The proposal is therefore consistent with Section 2.1 and 3.1 of the PPS, and in conformity with the natural heritage policies of the Growth Plan and the LSPP. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The site is partially within the regulated shoreline hazard Page 86 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Page 3 of 3 lands. The proposed garage is located near the driveway at the north portion of the property outside of any regulated area and will therefore not require a permit from LSRCA. Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with the natural heritage provincial policies and the LSPP. The proposed garage will not require a permit from LSRCA. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner shall provide payment of $525.00 to the LSRCA as per our approved Fee Schedule for review of this Minor Variance application. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Planner 1 Page 87 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 27, 2021 9:08 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Waters, Danielle <dwaters@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-A-02) Blake & Paul Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 88 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... From: yvonne galbraith <ygrimshaw@yahoo.ca> Sent: February 2, 2021 11:26 AM To: Teeter, Janette <jteeter@oro-medonte.ca> Subject: Agenda Item Minor Variance Hi Jenette Thank you for calling this morning. I believe we have submitted 2questions for this evening and we wanted to make sure they are not missed. We live adjacent to the property of the application 2021-A-02 Andrea Blake and Joseph Paul at 1038 Line 7 S. We will watch the meeting via YouTube. 1.What is the purpose of the second story of the building. 2.If the accessory buildings are 5.0% coverage and this is a proposed 5.43% coverage, what does this mean for future builds to this property. Thank you Tim McHardy Yvonne Galbraith 1058 Line 7 S Page 89 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Shoreline Residential Minor Variance 2021-A-02 (Blake & Paul) 1038 Line 7 South Shoreline Residential (SR) Location: Zoning: Official Plan: Current Use: Page 90 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... wing sections of Zoning By-law 97-95, Minor Variance 2021-A-02 (Blake & Paul) The applicants propose to construct a detached accessory building Purpose: (garage) and are seeking relief to the folloas amended: Page 91 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Minor Variance 2021-A-02 (Blake & Paul) Aerial Photo: Page 92 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Minor Variance 2021-A-02 (Blake & Paul) Page 93 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Minor Variance 2021-A-02 (Blake & Paul) Drawings: Page 94 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Minor Variance 2021-A-02 (Blake & Paul) Notice sign postedView looking north on Line 7 Page 95 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Minor Variance 2021-A-02 (Blake & Paul) Existing accessory buildingsExisting dwelling Page 96 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... straight ahead driveway, garage to be View from Line 7 down new location Orange stakes marking Minor Variance 2021-A-02 (Blake & Paul) building Location of accessory building, in open space beside other accessory Page 97 of 272 6.c) 5:50 p.m. DS2021-12, Danielle Waters, Planner re: Minor Variance Ap... Minor Variance 2021-A-02 (Blake & Paul) Recommendation: Approve Page 98 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Report Report No. To: Development Services Prepared By: DS2021-017 Committee Catherine McLean, Intermediate Planner Meeting Date: Subject: Motion # February 3, 2021 Consent Application 2021-B-02 _____________________ by Bruce North Roll #: R.M.S. File #: 363 Line 12 North 4346-010-005-10200 D10-58941 Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2021-017 be received and adopted. 2. That Consent Application 2021-B-02 by Bruce North, to permit a boundary adjustment on the lands municipally known as 363 Line 12 North, Township of Oro-Medonte, be deferred to provide the applicant the opportunity to address Township Planning Staff and Lake Simcoe Region Conservation Authority comments. 3. And that the applicant be advised of decision under the Secretary- signature. Background: The subject lands have a total lot area of approximately 40.1 hectares (99.08 acres) according to our MPAC records and are located on the east side of Line 12 North between 15/16 Sideroad East and Highway 11. The subject lands support a single detached dwelling and an agricultural building. Surrounding land uses mostly consist of agricultural and rural/non-farm dwellings (refer to Schedules 1 and 2). The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment (refer to Schedule 3), as noted below: Development Services February 3, 2021 Report No. DS2021-017 Page 1of 14 Page 99 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Lands to be Severed and Added Lands to be Retained (363 Line 12 to 4346-010-005-10005: North): Frontage: Approx. 131.0 m. (429.8 ft.) Approx. 425.0 m. (1,394.4 ft.) Depth: Approx. 665.0 m. (2,181.8 ft.) Approx. 665.0 m. (2,181.8 ft.) Area: Approx. 11.3 ha (28.0 ac) Approx. 29.6 ha (73.0 ac) Use: Vacant Land Residential, Agricultural and Woodland No new lots are proposed as a result of the lot addition. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage and Section 2.3 Agriculture are agricultural areas may be permitt easements, correction of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot Planning Staff currently have concerns that that this boundary adjustment may not be , as it has the potential to negatively impact the viability of the farmland from which the lands are being severed, due to the resulting reduction in the size of the retained parcel. Therefore, Planning Staff are not able to conclude at this time that this application is consistent with the PPS. The Lake Simcoe Region Conservation Authority has requested that the severance line be revised to permit a 30.0 (98.4 feet) buffer around natural heritage feature Creek, significant woodland)chedule 6 to this report. 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. The Growth Plan does not contain specific policies that relate to boundary adjustments; however, it speaks to protecting these areas for long-term agricultural use. As discussed above, Planning Staff have concerns that the boundary adjustment may negatively impact the use of the severed lands for agricultural purposes. Development Services February 3, 2021 Report No. DS2021-017 Page 2of 14 Page 100 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... The subject lands contain a watercourse; therefore, Section 4.2.3, Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features, is also applicable to this application. Section 4.2.3.1 states that outside settlement areas, development or site alteration is not permitted in key natural heritage features. However, since the proposed boundary adjustment does not Growth Plan, these policies do not affect this application. Nevertheless, the Lake Simcoe Region Conservation Authority has requested a 30.0 metres (98.4 feet) buffer around the natural heritage feature. Based on the above, Planning Staff are unable to conclude at this time that this application conforms to the Agricultural System policies of the Growth Plan. Lake Simcoe Protection Plan Portions of the subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA) due to the presence of a watercourse that runs through the property. The LSRCA was circulated the subject application and provided comments dated January 26, 2021 (refer to Schedule 6). The LSRCA is not satisfied from a watershed management perspective that the application is in conformity with DP- 6.24 of the Lake Simcoe Protection Plan (LSPP). The proposed severance line should be revised to show a 30.0 metres (98.4 feet) buffer around the watercourse and natural heritage features. On this basis, LSRCA has recommending deferral of this application until such time that the proposal can be revised. County of Simcoe Official Plan The subject lands are d in accordance with the County of Simcoe Official Plan (refer to Schedule 4). The portion of the lands to be cally, Section 3.3.5 states: 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 (p.18). Legal or Technical Reasons severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot 129). As described above, Planning Staff have concerns that the boundary adjustment may negatively impact the viability of the retained farmland. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are the Development Services February 3, 2021 Report No. DS2021-017 Page 3of 14 Page 101 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... creation of new lots, yet is silent on boundary adjustments; therefore, Planning Staff must defer to the gener in evaluating the proposed application for a boundary adjustment. Specifically, Section modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan. In addition, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the Planning Staff have concerns that the boundary adjustment may negatively impact the viability of the retained farmland. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) -law 97-95, as amended, and the benefitting lands are currently zoned Rural Residential Two (RUR2) (refer to Schedule 5). Should the application be approved, it is recommended that the applicant be required to apply for and obtain a Zoning By-law Amendment to rezone the portion of the benefitting lands that are currently zoned Rural Residential Two (RUR2) zone to the Agricultural/Rural (A/RU) zone. In the absence of such a Zoning By-law Amendment, The RUR2 and A/RU zone boundary has the potential to complicate setback requirements depending on where someone might want to build a dwelling or other structures in the future. Also, leaving the RUR2 zone in place could create the false impression that there is permission for an additional dwelling or severance of the RUR2 zoned lands. Table B4-A -law requires a minimum of lot size of 2.0 hectares (4.9 acres) for agricultural uses and Table B4-B requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. The lot configurations that would result from this application, would all comply with the lot frontage and lot area provisions of the Zoning By-law. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). While is satisfied that no plan of subdivision is required for the purposes of a boundary adjustment, Planning Staff has concerns with the ability of this application to meet: 51(24)(a)the effect of development of the proposed subdivision on matters of provincial interest. In this case, Planning Staff are of the opinion that the Provincial interests arethe protection of the agricultural resources of the Provincethe protection of ecological systems, including natural areas, features and functions Development Services February 3, 2021 Report No. DS2021-017 Page 4of 14 Page 102 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... 51(24)(d)the suitability of the land for the purposes for which it is t suitability of the sizes of retained lands and the merged lands for viable agricultural purposes. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Lake Simcoe Protection Plan Corporate Strategic Goals: In are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that does not negatively impact the and attributes. At present, Planning Staff is unable to determine if this application is consistent with the Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Infrastructure and Capital Projects No objections. Bell Canada No concerns. Township Development Engineering No objection. Township Building Division No comments. Lake Simcoe Region Conservation Authority See Schedule 6 Development Services February 3, 2021 Report No. DS2021-017 Page 5of 14 Page 103 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: County Official Plan Land Use Schedule 5: Zoning By-law Schedule 6: Lake Simcoe Region Conservation Authority Comments dated January 26, 2021. Conclusion: is application, it is recommended that Consent Application 2019-B-18 be deferred to provide the applicant the opportunity to address Township Planning Staff and Lake Simcoe Region Conservation Authority comments. Respectfully submitted: Catherine McLean, Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services January, 28, 2021 Andria Leigh, Director Development Services January 28, 2021 Development Services February 3, 2021 Report No. DS2021-017 Page 6of 14 Page 104 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Schedule 1: Location Map Development Services February 3, 2021 Report No. DS2021-017 Page 7of 14 Page 105 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Schedule 2: Aerial Photo Development Services February 3, 2021 Report No. DS2021-017 Page 8of 14 Page 106 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Schedule 3: Proposed Boundary Adjustment Development Services February 3, 2021 Report No. DS2021-017 Page 9of 14 Page 107 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Schedule 4: County Official Plan Land Use Development Services February 3, 2021 Report No. DS2021-017 Page 10 of 14 Page 108 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Schedule 5: Zoning By-law Development Services February 3, 2021 Report No. DS2021-017 Page 11 of 14 Page 109 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Schedule 6: Lake Simcoe Region Conservation Authority Comments dated January 26, 2021 Development Services February 3, 2021 Report No. DS2021-017 Page 12 of 14 Page 110 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Development Services February 3, 2021 Report No. DS2021-017 Page 13 of 14 Page 111 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Development Services February 3, 2021 Report No. DS2021-017 Page 14 of 14 Page 112 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... CƩƚƒʹ {ğǒƓķĻƩƭͲ 5ğǝźķ ѡķƭğǒƓķĻƩƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ĻƓƷʹ ǒĻƭķğǤͲ WğƓǒğƩǤ ЊВͲ ЋЉЋЊ ЍʹЍА ta ƚʹ CğƌĭƚƓźͲ ĻƩĻƭğ ѡƷŅğƌĭƚƓźθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ w9ʹ bƚƷźĭĻ ƚŅ tǒĬƌźĭ IĻğƩźƓŭ Ώ 5ĻǝĻƌƚƦƒĻƓƷ {ĻƩǝźĭĻƭ /ƚƒƒźƷƷĻĻ aĻĻƷźƓŭͲ CĻĬƩǒğƩǤ ЉЌͲ ЋЉЋЊ ΛЋЉЋЊΏ.ΏЉЋΜ bƚƩƷŷ Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! DAve David Saunders Manager, Development Engineering Township of Oro-Medonte Page 113 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 20, 2021 9:07 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-B-02) North Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 114 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... CƩƚƒʹ Moyle, Jacqueline <jacqueline.moyle@bell.ca> {ĻƓƷʹ Thursday, January 21, 2021 10:11 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ 705-21-070 RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-B-02) North Hi Teresa, Re: 2021-B-02 Details: Applications for Consent 363 Line 12 North Township of Oro-Medonte Bell File 705-21-070 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 115 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... CƩƚƒʹ aĭ/ğƩƷƓĻǤͲ DğƩƩǤ ѡŭƒĭĭğƩƷƓĻǤθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ĻƓƷʹ ǒĻƭķğǤͲ WğƓǒğƩǤ ЋЏͲ ЋЉЋЊ ЏʹЌБ ta ƚʹ CğƌĭƚƓźͲ ĻƩĻƭğ ѡƷŅğƌĭƚƓźθƚƩƚΏƒĻķƚƓƷĻ͵ĭğѢ {ǒĬƆĻĭƷʹ w9ʹ bƚƷźĭĻ ƚŅ tǒĬƌźĭ IĻğƩźƓŭ Ώ 5ĻǝĻƌƚƦƒĻƓƷ {ĻƩǝźĭĻƭ /ƚƒƒźƷƷĻĻ aĻĻƷźƓŭͲ CĻĬƩǒğƩǤ ЉЌͲ ЋЉЋЊ ΛЋЉЋЊΏ.ΏЉЋΜ bƚƩƷŷ Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 116 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ January 26, 2021 File No: 2021-B-02 IMS File No.: CO-152917-012021 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Consent Application 363 Line 12 North Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Consent to sever and merge lands for the purpose of a boundary adjustment. 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 presence of a watercourse . It is noted that a portion of the lands are designated Greenlands in the County of Simoce Official Plan. The subject property is currently designated Agricultural in the Township of Oro- The subject property is currently zoned Agricultural/Rural (A/RU) Zone and the lands which the severed portion is being proposed to be added to is zoned Rural Residential Two (RUR2). Page 117 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... 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, 2020) as well as the natural heritage policies of the PPS and other provincial policies such as the Growth Plan (A Place to Grow, 2020). The proposed severance line appears to follow the watercourse which runs through the middle of the lot. LSRCA would not support this line of severance as it fragments significant hydrologic features and significant woodland features associated with the watercourse (significant woodland). LSRCA is asking for the severance line to be revised to permit a 30 metre buffer to the significant hydrologic and heritage features on site subject to DP-6.24 of the LSPP. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic Page 118 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Page 3 of 3 beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The proposal will not result in new construction or site alteration and will therefore not require a permit from LSRCA. Summary LSRCA is not satisfied from a watershed management perspective that the application is in conformity with DP- 6.24 of the LSPP. The proposed severance line should be revised to show a 30 metre buffer from the watercourse and natural heritage features. On this basis, LSRCA is recommending deferral of this application until such time that the proposal can be revised. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Planner 1 Page 119 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Consent 2021-B-02 (North) Agricultural Agricultural and 363 Line 12 North Agricultural/Rural (A/RU) Location: Zoning: and Environmental Protection (EP)Official Plan: Current Use: Residential Page 120 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Consent 2021-B-02 (North) The applicant proposes to sever and merge lands for the purpose of Purpose: a boundary adjustment as noted below: Page 121 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Consent 2021-B-02 (North) Aerial Photo: Page 122 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Consent 2021-B-02 (North) Page 123 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Consent 2021-B-02 (North) County of Simcoe Official PlanLand Use: Page 124 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Consent 2021-B-02 (North) Existing Zoning: Page 125 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Notice sign posted Consent 2021-B-02 (North) Page 126 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... and agricultural building Consent 2021-B-02 (North) Benefitting landsExisting single detached dwelling Page 127 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Lands to be severed Consent 2021-B-02 (North) Page 128 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Looking south along Line 12 North Consent 2021-B-02 (North) North Looking north along Line 12 Page 129 of 272 6.d) 6:00 p.m. DS2021-17, Catherine McLean, Intermediate Planner re: Con... Consent 2021-B-02 (North) Recommendation: Defer Page 130 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Report Report No. To: Prepared By: DS2021-019 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # February 3, 2021 Minor Variance Application _____________________ 2021-A-03 Roll #: R.M.S. File #: Aaron & Laura Martyn 4346-010-009-16200 D13 58942 36 Elvyn Crescent Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2021-019 be received and adopted. 2. That Minor Variance Application 2021-A-03 by Aaron & Laura Martyn, specifically to permit the construction of an addition of approximately 43 square metres (463.75 square feet) to an existing dwelling with a minimum easterly interior side yard setback of 1.4 metres (4.6 feet), on lands municipally known as 36 Elvyn Crescent, be approved, subject to the conditions as outlined in Report DS2021- 019. 3. The conditions are as follows: a) That notwithstanding Section 4.0 Table B1, the development shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed 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, if required, an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the addition is located no closer than 1.4 metres (4.6 feet) from the easterly side lot line. d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, and decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services February 3, 2021 Report No. DS2021-019 Page 1of 11 Page 131 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... 4. And that the applicant be advised of the Developmen decision under the Secretary- Background: The subject property has a lot area of 0.207 hectares (0.51 acres) and currently supports a dwelling, accessory buildings and a swimming pool. A Location Map and Aerial Photo are included as Schedules 1 and 2 to this report. The applicants are proposing to construct an addition to the rear of the dwelling and are seeking relief to the following section of Zoning By-law 97-95: Section 4.0 Table B1 - Standards for Permitted Uses in R1 Zone Minimum Required Interior Side Yard: Proposed: 2.5 metres (8.2 feet) 1.4 metres (4.6 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 would result in continued residential use of the lands in a manner that would be in keeping with the rural landscape of the existing residential neighbourhood. Planning Staff is of the opinion that this application conforms to Provincial Policy Statement, 2020. A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Development Services February 3, 2021 Report No. DS2021-019 Page 2of 11 Page 132 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... 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 dwelling additionis consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already an established residential area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject land is already developed for residential purposes. County 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 single detached dwellings. to the Plan as the construction of an addition to a single detached dwellingis 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 Therefore, Planning Staff find this application to be in conformity with the LSPP. 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: Development Services February 3, 2021 Report No. DS2021-019 Page 3of 11 Page 133 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... 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 include a single detached dwelling. Therefore, based on the above, the requested variance pertaining to the construction of an addition to an existing single detached dwelling is considered to conform to Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) -law 97- 95, as amended. A single detached dwelling is permitted in the R1 Zone. The applicant is proposing to build an addition to an existing single detached dwelling. The dwelling was built in 1986 (prior to current Zoning By-law 97-95) according to property assessment records and the existing dwelling is situated at least 1.4 metres (4.6 feet) from the easterly interior side lot line, whereas the Zoning By-law requires a minimum of 2.5 metres (8.2 feet). The applicant is proposing that the addition come no closer to the side lot line than the existing dwelling. zoning by-law that was in effect at the time that the ship of Oro Zoning By-law 1031. former by-law was not updated to identify the subject lands would have likely been zoned Resort Residential (RR) at the time of construction. The former RR Zone required a minimum interior side yard setback of 4 that was in effect at the time of construction. The Committee should be made aware that the applicant believes that the actual existing setback is 1.46 metres (4.8 feet). But on the advice of Planning Staff, the applicant has rounded the requested variance down to request a minimum interior side yard setback of 1.4 metres (4.6 feet) to err on the side of caution in the event of any be imposed regarding surveyor verification prior to the pouring of a foundation to verify compliance with the requested variance. The general intent of the Zoning By-law in requiring a minimum interior side yard setback is to provide adequate space for access, maintenance and drainage around a dwelling, as well to provide separation between dwellings on neighbouring properties for purposes of privacy and maintaining a low-density, aesthetically pleasing residential environment. The Township has received a letter of objection on behalf of the adjacent property owners (Mr. & Mrs. McGee) to the east. As the letter has indicated, the proposed addition would lengthen Development Services February 3, 2021 Report No. DS2021-019 Page 4of 11 Page 134 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... from the east. The applicants are proposing an addition with a floor area of approximately 43 square metres (463.75 square feet) and a depth of 3.048 metres (10 feet). Although the neighbours clearly state that they object to the applicant adding more length/mass to the dwelling, their comments do not specify what if any negative impacts the proposed added length/mass might have. Therefore, the Committee should have particular regard for any additional comments that the neighbours might provide through the Public Hearing process. The neighbours have clearly expressed their concerns with respect to drainage and these respects, Planning Staff advise that, as per the comments of the Manager, Development Engineering and as per the approval conditions recommended by Engineered Lot Grading (ELG) requirements through the Building Permit process. An ELG is a detailed engineered plan requiring approval from the Township that would, among other things, address grading details and downspout locations to ensure that the proposed construction does not direct new or additional drainage or rain/snow shed onto neighbouring properties. Is the variance desirable for the appropriate development of the lot? The size and location of the addition will not interfere with functional matters such as parking and the septic system or the ability of the subject lands to continue to have an adequately sized and functional rear yard amenity area. Therefore, Planning Staffare satisfied that the proposed development would be considered desirable for the appropriate development of the lot. question whether existing structures north were constructed with permits and with the knowledge of that adjacent northerly landowner. Planning Staff have forwarded these concerns to Building Staff to investigate and, if necessary, address with the appropriate party. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In this regard the Committee should have particular regard to the objections to this application that have been received from the adjacent neighbours to the east. neighbours and Staff recognize that the proposed development will change the appearance of the existing dwelling by adding size and mass to the dwelling. However, are unable to conclude that these changes would stand-out, look out of place or otherwise detract from the low-density residential character of this established neighbourhood. Development Services February 3, 2021 Report No. DS2021-019 Page 5of 11 Page 135 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... s have identified (roof water/snow, surface drainage) are matters that are specifically within the its associated Engineered Lot Grading processes. Planning Staff are of the opinion that although the variance would allow the size and the visual mass of the existing dwelling to increase, this is not expected to in any way aggravate the existing situation of a dwelling that has had a 1.4 metre (4.6 feet) setback from the easterly interior side lot line for approximately 35 years with no identified negative impacts. 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 or the use and enjoyment of surrounding properties, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (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 activity that does n and attributes. ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism is promoted and strengthened. Development Services February 3, 2021 Report No. DS2021-019 Page 6of 11 Page 136 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Staff is of the opinion that the proposed development is consistent with the Strategic Plan. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: Township Development Engineering No objection. Engineered Lot Grading Plan required at time of Building Permit Application. Township Building Division Applicant to be aware of minimum distance setbacks, maximum exposed openings and construction of exposed building face for reduced setbacks. Township Operations Division No objections. Timothy Anderson on behalf of Ron & Shelley McGee Letter of objection (The Committee should refer to copy provided with their agenda package). 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 2021-A-03 be approved, specifically, to permit an addition of approximately 43 square metres (463.75 square feet) to an existing dwelling with a minimum easterly interior side yard setback of 1.4 metres (4.6 feet), 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: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Director, Development Services January 28, 2021 Development Services February 3, 2021 Report No. DS2021-019 Page 7of 11 Page 137 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Development Services February 3, 2021 Report No. DS2021-019 Page 8of 11 Page 138 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Development Services February 3, 2021 Report No. DS2021-019 Page 9of 11 Page 139 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Schedule 3: Applicant Proposed Site Plan Development Services February 3, 2021 Report No. DS2021-019 Page 10 of 11 Page 140 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Schedule 4: Applicant Elevation Drawings Development Services February 3, 2021 Report No. DS2021-019 Page 11 of 11 Page 141 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Tuesday, January 19, 2021 4:51 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2020-A-03) Martyn 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 142 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 20, 2021 12:20 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2020-A-03) Martyn Building Division comments are as follows; 1. Applicant to be aware of minimum distance setbacks, maximum exposed openings and construction of exposed building face for reduced setbacks. Thank you Garry McCartney Chief Building Official Township of Oro-Medonte Page 143 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 20, 2021 8:54 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2020-A-03) Martyn Teresa Operation has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 144 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Page 145 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Page 146 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Page 147 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Page 148 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Minor Variance 2021-A-03 (Martyn) Shoreline Residential 36 ElvynCrescent Residential One (R1) Location: Zoning: Official Plan: Current Use: Page 149 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... the following section of Zoning By- Minor Variance 2021-A-03 (Martyn) The applicants are proposing to construct an addition to a single Purpose: detached dwelling and are seeking relief tolaw 97-95, as amended: Page 150 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Minor Variance 2021-A-03 (Martyn) Aerial Photo: Page 151 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Minor Variance 2021-A-03 (Martyn) Page 152 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Minor Variance 2021-A-03 (Martyn) Page 153 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Minor Variance 2021-A-03 (Martyn) Page 154 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... (looking south) Area of proposed addition Minor Variance 2021-A-03 (Martyn) Notice sign posted Page 155 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... and gazebo Minor Variance 2021-A-03 (Martyn) Existing shedExisting swimming pool, pool shed Page 156 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Interior side yard (looking south) Minor Variance 2021-A-03 (Martyn) (looking north) Interior side yard Page 157 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... View from street Minor Variance 2021-A-03 (Martyn) and neighbouringdwelling Page 158 of 272 6.e) 6:10 p.m. DS2021-19, Derek Witlib, Manager, Planning Services re: M... Minor Variance 2021-A-03 (Martyn) Recommendation: Approve Page 159 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Report Report No. To: Prepared By: DS2021-007 Development Services Catherine McLean Committee Intermediate Planner Meeting Date: Subject: Motion # February 3, 2021 Minor Variance Application _____________________ 2021-A-04 Roll #: R.M.S. File #: Nicole Tuyten 4346-010-012-27400 D13 58943 15 McLean Crescent Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2021-007 be received and adopted. 2. That Minor Variance Application 2021-A-04 by Nicole Tuyten specifically for permission to build a single detached dwelling with a reduced rear yard setback of 19.8 metres (64.9 feet) from the average high water mark of Lake Simcoe, to build a deck attached to the single detached dwelling with a reduced rear yard setback of 16.3 metres (53.5 feet) from the average high water mark of Lake Simcoe, to build a porch that encroaches 3.1 metres (10.2 feet) into the required 20.0 metre (65.5 feet) setback from the average high water mark of Lake Simcoe, and permit a driveway with a setback of 2.5 metres (8.2 feet) from the interior side lot line, on lands municipally known as 15 McLean Crescent, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-007. 3. The conditions are as follows: a) That notwithstanding Section 5.7 (a), Table B1, Section 5.9.1 and Section 5.20.2.3 (a), 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 is located no closer than 19.8 metres from the average high water mark of Lake Simcoe (219.15 metres G.S.C Datum), the porch is located no closer than 16.9 metres from the average high water mark of Lake Simcoe, the deck will be located no closer than 16.3 metres from the average high water mark of Lake Simcoe and the driveway will be no Development Services February 3, 2021 Report No. DS2021-007 Page 1of 12 Page 160 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... closer than 2.5 metres from the interior side lot line where it crosses the front lot line; 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, Entrance Permit and Building Permit be obtained from the Township only decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. decision under the Secretary- Background: The subject property has a lot area of 0.15 hectares (0.38 acres) and is currently vacant. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicant is proposing to build a single detached dwelling. Since the application was circulated for comments, the applicant has revised their plans to address the Lake this application may be considered on the basis of the revised plans, without the need for recirculating the application and scheduling a new Public Hearing date, on the basis that the changes pertain to dimension details but the overall proposed development would remain generally the same. The applicant is now requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 5.7 (a) - Setback from the average high water mark of Lake Simcoe for decks attached to a single detached dwelling Required: Proposed: 20.0 metres (65.6 feet) 16.3 metres (53.5 feet) Table B1 Minimum rear yard setback from the average high water mark of Lake Simcoe for a single detached dwelling Required: Proposed: 20.0 metres (65.6 feet) 19.8 metres (64.9 feet) Section 5.9.1 Encroachments in required yards Required: Proposed: No unenclosed porches are permitted to Rear porch is proposed to encroach encroach into the setback area from the 3.1 metres (10.2 feet) into the required 20 average high water mark of 20 metres metres (65.5 feet) setback from the (65.5 feet) from Lake Simcoe. average high water mark of Lake Simcoe. Section 5.20.2.3 (a) Minimum interior side yard setback for a driveway accessing a single detached dwelling Required: Proposed: 3.0 metres (9.8 feet) 2.5 metres (8.2 feet) Development Services February 3, 2021 Report No. DS2021-007 Page 2of 12 Page 161 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... 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 single detached dwelling 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. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The Lake Simcoe Region Conservation Authority (LSRCA) was circulated the subject application and they are satisfied with the revised setbacksto the average high water mark. They indicated that the applicant previously received a permit from the LSRCA and has paid the review fee for the Minor Variance application; therefore, they have no further requirements. T full comments are included as Schedule 5 to this report. Development Services February 3, 2021 Report No. DS2021-007 Page 3of 12 Page 162 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... County Official Plan The property is designated Rural The Rural Designation permits limited residential development. proposed single detached dwelling Plan as it is a permitted use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline of the Shoreline Designation is: To maintain the existing character of this predominantly residential area. 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 a new single detached dwelling conforms to 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) in the - law 97-95. The applicant is proposing to build a single detached dwelling and is seeking relief from the Zoning By-law to: Reduce the minimum rear yard setback from the average high water mark of Lake Simcoe for the single detached dwelling from 20.0 metres (65.6 feet) to 19.8 metres (64.9 feet); Reduce the minimum rear yard setback from the average high water mark of Lake Simcoe for a deck attached to the single detached dwelling from 20.0 metres (65.6 feet) to 16.3 metres (53.5 feet); Development Services February 3, 2021 Report No. DS2021-007 Page 4of 12 Page 163 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Increase the maximum permitted encroachment for a porch into the required 20.0 metres (65.5 feet) setback from the average high water mark of Lake Simcoe from a 0 metre encroachment to a 3.1 metres (10.2 feet) encroachment; Reduce the interior side yard setback for a driveway accessing a single detached dwelling from 3.0 metres (9.8 feet) to 2.5 metres (8.2 feet). T-law prohibits buildings and structures within 20.0 metres (65.6 feet) of the average high water mark of Lake Simcoe to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. The applicant has requested a reduced setback to the average high water mark for the dwelling, rear deck and rear porch. In this regard, the LSRCA did not express any concerns with the reduced setback to the average high water mark. -law, the minimum required interior side yard setback for a driveway accessing a single detached dwelling is 3.0 metres (9.8 feet). The applicants have requested a setback of 2.5 metres (8.2 feet). In management of driveway drainage and winter snow storage without negatively impacting the neighbouring property. The Operations Department was circulated the application and they did not have any objections with the reduced setback. Nevertheless, they indicated that the owner will be required to obtain an Entrance Permit for the new driveway. For the reasons outlined above, Planning Staff is of the opinion that the proposed variances meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff noted that the reduced setback to the average high water mark of Lake Simcoe is not out of character for the area. For example, the neighbouring property to the south, 17 McLean Crescent, obtained a variance to permit a rear yard setback of 15.75 metres (51.6 feet) from the average high water mark of Lake Simcoe for the dwelling and a rear yard setback of 8.75 metres (28.7 feet) from the average high water mark of Lake Simcoe for the existing deck. For this reason, Planning Staff are of the opinion that the proposed variance is considered desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to its scale and impact. In Minor Variances are minor in nature as the proposed dwelling is not anticipated to have an adverse impact on the character and appearance of 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 Services February 3, 2021 Report No. DS2021-007 Page 5of 12 Page 164 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend 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 Lake Simcoe Protection Plan Corporate Strategic Goals: are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Infrastructure and Capital Projects No objection. An Entrance Permit will be required for the new driveway. Township Development Engineering No objection. 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 Development Services February 3, 2021 Report No. DS2021-007 Page 6of 12 Page 165 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Schedule 3: Applicants Site Plan Schedule 4: Elevation Drawings Schedule 5: Lake Simcoe Region Conservation Authority Comments dated January 27, 2021 Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-04 be approved, specifically to permit construction of a single detached dwelling with a reduced rear yard setback of 19.8 metres (64.9 feet) from the average high water mark of Lake Simcoe, to build a deck attached to the single detached dwelling with a reduced rear yard setback of 16.3 metres (53.5 feet) from the average high water mark of Lake Simcoe, to build a porch that encroaches 3.1 metres (10.2 feet) into the required 20.0 metres (65.5 feet) setback from the average high water mark of Lake Simcoe, and permit a driveway with a setback of 2.5 metres (8.2 feet) from the interior side lot line, on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Catherine McLean, Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services January 28, 2021 Andria Leigh, Director Development Services January 28, 2021 Development Services February 3, 2021 Report No. DS2021-007 Page 7of 12 Page 166 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Schedule 1: Location Map Development Services February 3, 2021 Report No. DS2021-007 Page 8of 12 Page 167 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Schedule 2: Aerial Photo Development Services February 3, 2021 Report No. DS2021-007 Page 9of 12 Page 168 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Development Services February 3, 2021 Report No. DS2021-007 Page 10 of 12 Page 169 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Schedule 4: Elevation Drawings Development Services February 3, 2021 Report No. DS2021-007 Page 11 of 12 Page 170 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Schedule 5: Lake Simcoe Region Conservation Authority Comments dated January 27, 2021 Development Services February 3, 2021 Report No. DS2021-007 Page 12 of 12 Page 171 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Tuesday, January 19, 2021 2:31 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-A-04) Tuyten 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 172 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, January 19, 2021 2:31 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-A-04) Tuyten Teresa Operations has no objections to this variance. An entrance permit will be required for the new driveway. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 173 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 27, 2021 10:32 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-A-04) Tuyten Building Division has no comments at this time. Garry McCartney Chief Building Official Township of Oro-Medonte Page 174 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Minor Variance 2021-A-04 (Tuyten) Shoreline Vacant land 15 McLean Crescent Shoreline Residential (SR) Location: Zoning: Official Plan: Current Use: Page 175 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... ild a new single detached dwelling Minor Variance 2021-A-04 (Tuyten) The applicant is proposing to bu Purpose: and is seeking relief to the following sections of Zoning By-law 97-95, as amended: Page 176 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Minor Variance 2021-A-04 (Tuyten) Aerial Photo: Page 177 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Minor Variance 2021-A-04 (Tuyten) Page 178 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Minor Variance 2021-A-04 (Tuyten) Page 179 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Minor Variance 2021-A-04 (Tuyten) Page 180 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Proposed driveway setback Minor Variance 2021-A-04 (Tuyten) Notice sign posted Page 181 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Crescent Looking south west along McLean Minor Variance 2021-A-04 (Tuyten) Crescent Looking north along McLean Page 182 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Setback from the average high water mark Minor Variance 2021-A-04 (Tuyten) water mark Setback for the porch and deck from the high Page 183 of 272 6.f) 6:20 p.m. DS2021-7, Catherine McLean, Intermediate Planner re: Mino... Minor Variance 2021-A-04 (Tuyten) Recommendation: Approve Page 184 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Report Report No. To: Prepared By: DS2021-006 Development Services Catherine McLean Committee Intermediate Planner Meeting Date: Subject: Motion # February 3, 2021 Minor Variance Application _____________________ 2021-A-05 Roll #: R.M.S. File #: Cynthia & Timothy Ferris 4346-030-012-44200 D13 _____ 37 Moon Point Drive Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2021-006 be received and adopted. 2. That Minor Variance Application 2021-A-05 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 14.9 metres (48.9feet) on lands municipally known as 37 Moon Point Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-006. 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 14.9 metres (48.9 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 February 3, 2021 Report No. DS2021-006 Page 1of 14 Page 185 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... 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 addition to the existing single detached dwelling. Minor Variance 2020-A-68 was approved on January 6, 2021 to permit the addition with a setback of 17.2 metres (56.4 feet) from the top of bank of the slope. After obtaining an Engineered Lot Grading Plan, the applicants determined that the addition will be located closer to the top of bank than originally proposed; therefore, the applicants are seeking to revise the relief granted by the Committee. The proposed elevation and location of the addition has not altered from the original Minor Variance decision. The application is seeking relief to the following section of Zoning By-law 97- 95: Section 5.31 Setback from Top of Slope Required: Proposed: 23.0 metres (75.5 feet) 14.9 metres (48.9 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. Development Services February 3, 2021 Report No. DS2021-006 Page 2of 14 Page 186 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. 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 and they indicated that their previous comments for 2020-A-68 would still apply. 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 applicants have already obtained a permit from the LSRCA. 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) Development Services February 3, 2021 Report No. DS2021-006 Page 3of 14 Page 187 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline of the Shoreline Designation is: To maintain the existing character of this predominantly residential area. To protect the natural features of the shoreline area and the immediate shoreline. To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings. 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 14.9 Metres (48.9 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 advised that it is satisfied with the application from a natural heritage and hazard lands perspective, and that the applicants have already obtained a permit from the LSRCA. 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. 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. Development Services February 3, 2021 Report No. DS2021-006 Page 4of 14 Page 188 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... 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. Township Building Permit). 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 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 Development Services February 3, 2021 Report No. DS2021-006 Page 5of 14 Page 189 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Lake Simcoe Protection Plan Corporate Strategic Goals: are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic activity 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 objection. Township Development Engineering The comments have not changed from the previous application which stated 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 2021-A-05 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 14.9 metres (48.9 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 February 3, 2021 Report No. DS2021-006 Page 6of 14 Page 190 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Respectfully submitted: Catherine McLean, Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services January 27, 2021 Andria Leigh, Director Development Services January 27, 2021 Development Services February 3, 2021 Report No. DS2021-006 Page 7of 14 Page 191 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Schedule 1: Location Map Development Services February 3, 2021 Report No. DS2021-006 Page 8of 14 Page 192 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Schedule 2: Aerial Photo Development Services February 3, 2021 Report No. DS2021-006 Page 9of 14 Page 193 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Development Services February 3, 2021 Report No. DS2021-006 Page 10 of 14 Page 194 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Schedule 4: Elevation Drawings Development Services February 3, 2021 Report No. DS2021-006 Page 11 of 14 Page 195 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Schedule 5: Lake Simcoe Region Conservation Authority Comments dated December 17, 2020 Development Services February 3, 2021 Report No. DS2021-006 Page 12 of 14 Page 196 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Development Services February 3, 2021 Report No. DS2021-006 Page 13 of 14 Page 197 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Development Services February 3, 2021 Report No. DS2021-006 Page 14 of 14 Page 198 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 20, 2021 10:41 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting February 03, 2021 (2021-A-05 Re-circulation) Ferris Teresa Below please find my comments from the previous Application. These Comments are reflective of my response to this Application as well. Stay Healthy ! Dave ************************************************* 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 199 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 20, 2021 9:40 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting February 03, 2021 (2021-A-05 Re-circulation) Ferris Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 200 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... 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 201 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... 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 202 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... 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 203 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, January 26, 2021 6:37 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting February 03, 2021 (2021-A-05 Re-circulation) Ferris Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 204 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Minor Variance 2021-A-05 (Ferris) Shoreline Residential 37 Moon Point Drive Shoreline Residential Location: Zoning: Exception Two (SR*2)Official Plan: Current Use: Page 205 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... (56.4 feet) from the top of bank of the ading Plan, the applicants determined that of bank than originally proposed, therefore A-68 was approved on January 6, 2021 to Minor Variance 2021-A-05 (Ferris) The applicants are proposing to build an addition to the existing single Purpose: detached dwelling. Minor Variance 2020-permit an addition with a setback of 17.2 metresslope. After obtaining an Engineered Lot Grthe addition will be located closer to the top they are seeking relief to the following section of Zoning By-law 97-95, as amended: Page 206 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Minor Variance 2021-A-05 (Ferris) Aerial Photo: Page 207 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Minor Variance 2021-A-05 (Ferris) Page 208 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Minor Variance 2021-A-05 (Ferris) Page 209 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Notice sign posted Minor Variance 2021-A-05 (Ferris) Page 210 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... addition Minor Variance 2021-A-05 (Ferris) Existing single detached dwellingLocation of the proposed garage Page 211 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Slope down to Lake Simcoe Minor Variance 2021-A-05 (Ferris) Page 212 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Moon Point Road View looking south west along Minor Variance 2021-A-05 (Ferris) Moon Point Road View looking north west along Page 213 of 272 6.h) 6:40 p.m. DS2021-6, Catherine McLean Intermediate Planner re: Minor... Minor Variance 2021-A-05 (Ferris) Recommendation: Approve Page 214 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... Report Report No. To: Prepared By: DS2021-013 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # February 3, 2021 Minor Variance Application _____________________ 2021-A-06 Roll #: R.M.S. File #: Jane Watkins 4346-010-005-39100 D13-58374 17 Nelson Street Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2021-013 be received and adopted. 2. That Minor Variance Application 2021-A-06 by Jane Watkins, specifically for permission to permit a single detached dwelling with a reduced setback of 9.25 metres (30.3 feet) from the average high water mark of Bass Lake and interior side yard setback of 2.77 metres (9.0 feet) on the lands municipally known as 17 Nelson Street, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-013. 3. The conditions are as follows: a. That notwithstanding Table B1 (1) Standards for Permitted Uses, SR and 5.30 Setback from Average High Water Mark of Bass Lake of Zoning By-law 97-95, the proposed single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the dwelling is located no closer than 9.25 metres from the average high water mark of Bass Lake (252.26 m.a.s.l.) and 2.77 metres from the interior lot line; d. That the appropriate Zoning Certificate, Engineered Lot Grading Plan, NVCA permit and Building Permit be obtained from the Township only nd binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services February3, 2021 Report No. DS2021-013 Page 1 of 10 Page 215 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... 4. And that the applicant decision under the Secretary- Background: The subject property has a lot area of 0.07 hectares (0.17 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling with an area of 70.0 sq. m. (753.0 sq. ft.) and a detached accessory building under 10 sq. m. Upon site visit, it was confirmed that all structures had been demolished. The applicants are proposing to construct a single detached dwelling. This proposed development was previously the subject of Minor Variance Application 2020-A-40, which was approved to permit a setback of 9.7 metres (31.8 feet) from the average high water mark of Bass Lake. Due to an error in foundation construction, the applicant is now seeking relief to the following sections of Zoning By-law 97-95: Table B1 (1) Interior Side Yard, SR Permitted: Proposed: 3.0 metres (9.8 feet) 2.77 metres (9.0 feet) Section 5.30 Setback from Average High Water Mark of Bass Lake / Table B1 (1) Standards for Permitted Uses, SR Permitted: Previously Approved: No building shall be located closer than 15 metres 9.7 metres (31.8 feet) (49.2 feet) from the average high water mark of Bass Lake Revised: 9.25 metres (30.3 feet) The applicant site plan and elevation drawings are included as Schedules 3 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas and Section 2.2 Water are applicable to this application. The PPS the construction of buildings and structures requiring approval under the Planning Development Services February3, 2021 Report No. DS2021-013 Page 2 of 10 Page 216 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... development that is compatible with and builds upon the rural landscape; the applicant is proposing construction of a new detached dwelling that would be permitted by these policies. Section 2.2 Water protect, improve or restore the quality and quantity of water necessary precautions to protect the environment. At the time of writing this report, no comments have been received by NVCA. The Committee shall have regard for any comments to be received. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed structure conforms to the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already on an established residential lot. Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This policy is relevant due to the proximity to an inland lake (Bass Lake). Section 4.2.4, Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is applicable to this application. Planning staff are confident that the required permit by NVCA will take all necessary precautions to protect the key hydrologic and natural heritage features. Section 4.2.4.5 speaks to developed shoreline areas of inland lakes permitting redevelopment should the project meet several criteria such as minimizing erosion, and avoiding/mitigation sedimentation near the lake. The requirement for an Engineered Lot Grading Plan and NVCA permit will satisfy this section. At the time of writing this report, no comments have been received by NVCA. Council shall have regard for any comments to be received. Planning Staff is of the opinion that this application for a new single detached dwelling conforms to A Place to Grow, 2020. County of Simcoe Official Plan promote long-term diversity and viability of rural Development Services February3, 2021 Report No. DS2021-013 Page 3 of 10 Page 217 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... 2016). Section 3.7.4 permits limited residential development in the Rural designationas being proposed through this application in conformity with this policy. o the general intent and purpose and the permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The subject land is policies of the Plan, permitted uses within this designation include dwellings and accessory uses. The Shoreline designation allows for limited shoreline development and must maintain the existing character of this predominantly residential area. The proposed residential construction is a permitted use and its construction will be in keeping with the existing residential character of the neighbourhood. Therefore, based on the above, the requested variances pertaining to this application are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) - law 97-95, as amended. Single detached dwellings are permitted in the SR Zone. For the original variance 2020-A-40, the proposed dwelling was not encroaching further than the existing dwelling; however, it was increasing the floor area within the required setback from Bass Lake. Due to an error in the pouring of the foundation, the setback is slightly off by less than one metre from the original variance approval. Planning Staff do not believe that this change in setback will affect the natural feature. The general intent of the Zoning By-law in requiring the minimum setback from the average high water mark of 15 metres (49.2 feet) from Bass Lake is to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. Planning staff are confident that the required permit Development Services February3, 2021 Report No. DS2021-013 Page 4 of 10 Page 218 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... needed from the NVCA will take all necessary precautions to protect the key hydrologic and natural heritage features. At the time of writing this report, no comments have been received by NVCA; however, the Committee shall have regard for any comments that are received. The primary purpose of interior side yard setbacks is to provide spatial separation between residential properties, as well as provide space for access, maintenance and drainage around buildings and structures. Planning Staff believe that the proposed setback will provide adequate spacing between the property lines. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed dwelling structure to standout, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted mature vegetation along the East and West lot lines. There is an existing dwelling that has been removed and new foundation poured. The proposed structure will be in keeping with the character of the neighbourhood. The proposed structure will not interfere with functional matters such as parking and the septic system. At the time of writing this report, no comments have been received by NVCA and the Committee shall have regard for any comments that are received. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In nature, as the dwelling structure is not anticipated to have an adverse impact on the neighbourhood and would be a consistent use with the surrounding properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend the Development Services February3, 2021 Report No. DS2021-013 Page 5 of 10 Page 219 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 A Place to Grow, 2019 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering no objections, ELG revision required Township Building Services no comments received Township Infrastructure and Capital Projects no objections County of Simcoe no comments received Nottawasaga Valley Conservation Authority no comments received Letter of support from resident Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-06 be approved, specifically to permit a single detached dwelling with a reduced setback to the average high water mark of Bass Lake and interior side yard on the lands municipally known as Development Services February3, 2021 Report No. DS2021-013 Page 6 of 10 Page 220 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... 17 Nelson Street on the basis that the application is consistent with and conforms to Provincial policies and plans, the County and Township Official Plans and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services January 28, 2021 Andria Leigh, Director, Development Services January 28, 2021 Development Services February3, 2021 Report No. DS2021-013 Page 7 of 10 Page 221 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... Schedule 1: Location map Development Services February3, 2021 Report No. DS2021-013 Page 8 of 10 Page 222 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... Schedule 2: Aerial Photo Development Services February3, 2021 Report No. DS2021-013 Page 9 of 10 Page 223 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... Schedule 3: Applicant Site Plan Development Services February3, 2021 Report No. DS2021-013 Page 10 of 10 Page 224 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Tuesday, January 19, 2021 1:35 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-A-06) Watkins (Re-circulation) Teresa Development Engineering has No Objection to the above noted Application. A Revised Engineered Lot Grading Plan shall be required indicating the changes to building placement and grading. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 225 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, January 19, 2021 2:03 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-A-06) Watkins (Re-circulation) Teresa Operations has no comments on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 226 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... CƩƚƒʹ Martin Emmons <marty.emmons@gmail.com> {ĻƓƷʹ Saturday, January 23, 2021 10:00 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ 17 Nelson Street. Application 2021-A-06 We are the owners of 23 Nelson St., a neighbouring property to the property which is the subject of the above referenced variance application. Please be advised that we are in complete support of the application, which is appropriate and in our view meets the requirements of the Planning Act for the approval of the variances. Please let us know if you require any further information. Kind regards. Sincerely, Lorie and Page 227 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, January 27, 2021 9:07 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Waters, Danielle <dwaters@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, February 03, 2021 (2021-A-06) Watkins (Re-circulation) Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 228 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... Nottawasaga Valley Conservation Authority 1 February 2021 SENT VIA EMAIL Andy Karaiskakis, Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario L0L 2E0 Re: Committee of Adjustment Application File # 2021-A-06 17 Nelson St Township of Oro-Medonte, County of Simcoe Dear Mr. Karaiskakis, NVCA staff have reviewed the above-noted Application for Minor Variance to rectify a construction error, necessitating relief from the 3m interior side yard setback to 2.77m and the 15m required setback from the average high water mark of Bass Lake to 9.25m. NVCA Staff have received and reviewed the following documents submitted with this application: (provided on circulation) Applicant NVCA staff have 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 172/06. 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 its location abutting Bass Lake and associated flood hazard. Delegated Responsibility and Statutory Comments: 1.NVCA 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 provided drawing indicates that the proposed development is not within the natural hazard area. Nottawasaga Valley Conservation Authority A member of Conservation Ontario th 8195 8 Line, Utopia, ON L0M 1T0 T: 705-424-1479 F: 705-424-2115 Page 229 of 272 6.i) 6:50 p.m. DS2021-13, Danielle Waters, Planner re: Minor Variance Ap... 2. NVCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 172/06. 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 will 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. NVCA also regulates the alteration to or interference in any way with a watercourse or wetland. Summary The NVCA 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 and NVCA policy. Based on the above comments, it is the opinion of the NVCA that: Consistency with Section 3.1 of the PPS has been demonstrated; Ontario Regulation 172/06 applies to the subject site and a permit from the NVCA is required prior to any municipal approvals. On this basis, any approval of this application should be subject to the following conditions: The Owner shall obtain a permit from the NVCA for works within the regulated area. NVCA staff note an application has been received to amend the previously approved permit for the proposed development. NVCA staff are prepared to process the permit once the minor variance is granted following the appeal period. Thank you for circulating this application and please forward a copy of any decisions. Sincerely, Emma Perry Planner III Page 230 of 272 7.a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for... Report Report No. To: Prepared By: DS2021-018 Development Services Derek Witlib, Manager, Committee Planning Services Meeting Date: Subject: Motion # February 3, 2021 Request for Extension of _____________________ Draft Plan Approval Roll #: R.M.S. File #: Draft Plan of Subdivision 4346-010-009-04800 D12 43842 Application 2012-SUB-03 Project Services Inc. (Oro Station) Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2021-018 be received and adopted. 2. That Development Services Committee approve the extension to Draft Plan Approval for Application 2012-SUB-03 (Oro Station) for a period of one (1) year to February 3, 2022. 3. That the Conditions of Draft Plan Approval be updated with the amended condition and new conditions as requested by the Lake Simcoe Region Conservation Authority. 4. That the appropriate notice of Changes in Conditions of Draft Plan Approval be provided in accordance with the Planning Act, R.S.O. 1990, c.P. 13. 5. And that the applicant be advised of decision under the Director, Development Services signature. Background: On September 7, 2016, Council gave Draft Plan Approval for a period of three (3) years for the Oro Station subdivision consisting of 18 single detached residential lots (see Schedules 1 and 2 for Location Map and Approved Draft Plan). The Draft Plan Approval included 48 conditions that were to be completed to the satisfaction of the Township and other agencies (Lake Simcoe Region Conservation Authority, Ministry of Tourism Culture, and Sport, Simcoe Muskoka Catholic District School Board, Simcoe County District School Board, Ministry of Environment Conservation and Parks, Ministry of Natural Resources and Forestry, Canada Post, Hydro One, Bell Canada, and gas utilities) before plan registration. Development Services February 3, 2021 Report No. DS2021-018 Page 1of 12 Page 231 of 272 7.a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for... The draft plan of subdivision is located on the east side of Line 7 South and north of Ridge Road (County Road 20) comprising 5.35 hectares (13.21 acres) of land. Each of the 18 lots will front on a new public road and the entrance to the subdivision will be from Line 7 South. The property is zoned Residential One Hold (R1(H)), Open Space Exception 271 (OS*271) and Open Space (OS) Zones in accordance with By-law 2016-133, that was approved on September 7, 2016. The approved plan provides for lots having frontages ranging from approximately 30 metres to 41 metres and lot areas ranging from 0.20 hectares to 0.32 hectares. In addition to the 18 building lots, the draft plan also includes a stormwater management pond (Block 19), two 0.3 metre reserves (Blocks 20-21), a 6.0 metre drainage access (Block 23) and a walkway/emergency access to Ridge Road from the subject development (Block 22); these lots and blocks are identifiable on Schedule 2. Each of the proposed lots will be serviced by private septic systems and municipal water. The subject lands are currently in agricultural use and surrounding land uses consist of agricultural uses to the north and east; and predominantly single detached residential uses to the south and west. On July 18, 2019, after considering Staff Report DS2019-083 and a request from the developer for a 3-year extension to Draft Plan Approval, Council granted a one and one- half (1.5) year extension to end on March 7, 2021. The developer has now requested another extension, for a three (3) year period. A letter from Innovative Planning Solutions Inc. dated November 27, 2020 outlining the extension request is attached as Schedule 3 to this report. Thdraft plan extension and make recommendations to the Committee. Analysis: As stated in the previous Staff Report DS2019-083, the company ownership for the property was in the process of changing in 2019 to a new company ownership and the owner was seeking more time to satisfy the draft plan conditions which, up until that time (2019), limited progress had been made by the developer toward fulfilling the conditions. progress towards advancing the development, as described below (excerpt from Innovative Planning Solutions Inc. letter dated November 27, 2020): Development Services February 3, 2021 Report No. DS2021-018 Page 2of 12 Page 232 of 272 7.a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for... The Planning Act, in Section 51 (32) provides the ability for an approval authority to provide approval that lapses at the expiration of the time period specified by the approval authority, initially being not less than three years. Section 51(44), of the Planning Act provides the ability for the approval authority to withdraw the approval of a draft plan of subdivision. The Planning Act contains a provision wherein the approval authority can impose a lapsing of Draft Plan Approval. This lapsing provision is useful in some instances where registration will not occur due to various circumstances. Without sunset clause, draft plans can remain open in perpetuity and form unrealistic growth forecast on lands which may never be realized. Section 51(33) provides the ability for the approval authority to extend the lapsing date of draft approval of a plan of subdivision/condominium. A notice to these changes is required to be given following any decision to change conditions and is subject to the appeal process by the following parties: Development Services February 3, 2021 Report No. DS2021-018 Page 3of 12 Page 233 of 272 7.a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for... The applicant; Any public body that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority; The Minister of Municipal Affairs and Housing; and The municipality in which the subject land is located. In considering this request to extend Draft Plan Approval, Staff have consulted Section contains policy relating to existing draft plan approved residential subdivisions and states, draft approval after an appropriate period of time has elapsed if a subdivision is not proceeding to the development st It is also necessary when considering an extension request to consult with relevant agencies. Therefore, Planning Staff notified the agencies that are identified as extension request. In response to that circulation, the Lake Simcoe Region Conservation Authority (LSRCA) has requested amendments to the Conditions, as (Refer to Schedule 4). These LSRCA requirements have been previously communicated to the developer by the LSRCA and Planning Staff recommends that the changes be incorporated into the Conditions of Draft Plan Approval. The proposed draft plan extension relates to a plan of subdivision within the Rural Settlement Area (Oro Station) of the Official Plan and Planning Staff are of the opinion that the development in this location is remains appropriate. Since 2019, the developer has demonstrated material progress towards the fulfillment of conditions that were initially imposed on September 16, 2016. However, in order for the Township to ensure this is completed in an expeditious manner, Staff are recommending only a one (1) year extension for the Draft Plan Approval, rather than the developerrequested 3-year extension. Considering the progress that the developer has made, Planning Staff is of the opinion that a 1-year extension is adequate and appropriate. A 1-year extension would not preclude Council from considering a future draft plan extension request; in which the owner would be able to elaborate in more detail on the conditions fulfilled to date and those outstanding and the specific timing required to complete those outstanding conditions. a one (1) year draft plan extension would meet the intent of the above noted policy and would allow the developer to move the subdivision project forward in a timely manner. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend its decision. Development Services February 3, 2021 Report No. DS2021-018 Page 4of 12 Page 234 of 272 7.a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for... 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 Lake Simcoe Protection Plan Township of Oro-Medonte Official Plan Corporate Strategic Goals: Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. Staff are of the opinion that the proposed development will not negatively impact the Consultations: The following Draft Plan Approval clearance agencies were circulated in regard to this extension request. Township Departments County of Simcoe Lake Simcoe Region Conservation Authority (Refer to Schedule 4) Ministry of Environment, Conservation and Parks Ministry of Natural Resources Simcoe County District School Board Simcoe Muskoka Catholic District School Board Canada Post Bell Canada Enbridge Gas Hydro One Attachments: Schedule 1: Location Map Schedule 2: Draft Plan Schedule 3: Request for Extension of Draft Plan Approval Schedule 4: LSRCA Comments Development Services February 3, 2021 Report No. DS2021-018 Page 5of 12 Page 235 of 272 7.a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for... Conclusion: Planning Staff recommend that a one (1) year extension (to February 3, 2022) to the Draft Plan Approval from the current lapsing date of March 7, 2021 be granted to allow the developer to proceed with the registration of the subdivision. Respectfully submitted: Derek Witlib, RPP Manager, Planning Services Approvals: Andria Leigh, Director Development Services January 28, 2021 Development Services February 3, 2021 Report No. DS2021-018 Page 6of 12 Page 236 of 272 7.a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for... Development Services February 3, 2021 Report No. DS2021-018 Page 7of 12 Page 237 of 272 7.a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for... Development Services February 3, 2021 Report No. DS2021-018 Page 8of 12 Page 238 of 272 7.a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for... Schedule 3: Request for Extension of Draft Plan Approval Development Services February 3, 2021 Report No. DS2021-018 Page 9of 12 Page 239 of 272 7.a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for... Development Services February 3, 2021 Report No. DS2021-018 Page 10 of 12 Page 240 of 272 7.a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for... Development Services February 3, 2021 Report No. DS2021-018 Page 11 of 12 Page 241 of 272 7.a) DS2021-18, Derek Witlib, Manager, Planning Services re: Request for... Schedule 4: LSRCA Comments From: Melinda Bessey <M.Bessey@lsrca.on.ca> Sent: Thursday, January 21, 2021 3:53 PM To: Witlib, Derek <dwitlib@oro-medonte.ca> Subject: RE: Draft Plan Extension Request - 18-lot residential subdivision by 1160895 Ontario Ltd. This email originated from outside of Oro-Medonte's email system. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Good afternoon Derek, Thank you for circulating the request for an extension of approval related to the captioned application. Please include the following edits: 1. Condition 26D - Please remove the requirement for a Landscaping Plan for the SWM Pond being something which needs to be prepared to the satisfaction of the LSRCA. Per our discussion 2 weeks ago regarding review roles/responsibilities in an effort to eliminate any duplication of efforts, it was decided that Twp staff would be responsible for the review of landscape plans for SWM facilities. This condition will need to be included as a Twp requirement. 2. Please include the following (2) new conditions: That prior to final plan approval, the following shall be undertaken to the satisfaction of the LSRCA, in accordance with the Lake Simcoe Protection Plan Water Budget Offsetting Policy for LSPP 4.8-DP and 6.40-DP: a) Water Balance b) Compensatory Measures if required That prior to final plan approval, the following shall be undertaken to the satisfaction of the LSRCA, in accordance with the LSRCA Phosphorus Offsetting Policy: a) Phosphorus budget b) Compensatory measures if required Please feel free to call me if you have any questions concerning the above. Kind regards, Melinda Bessey, MSc., MCIP, RPP Director, Planning & Engineering Lake Simcoe Region Conservation Authority 120 Bayview Parkway, Newmarket, Ontario L3Y 3W3 905-895-1281, ext. 151 | 1-800-465-0437 | Mobile- 905-955-3730 m.bessey@LSRCA.on.ca | www.LSRCA.on.ca Please note: the LSRCA Board of Directors approved a change to our Fee Policy. The new fees will take effect on January 1, 2021. Please click here for the new fee schedule. Twitter: @LSRCA Facebook: LakeSimcoeConservation Development Services February 3, 2021 Report No. DS2021-018 Page 12 of 12 Page 242 of 272 7.b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application ... Report Report No. To: Prepared By: DS2021-009 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # February 3, 2021 Consent Application 2019-B-16 _____________________ by Kit Cairns & Laura Welsh Roll #: R.M.S. File #: 354 Horseshoe Valley Road E. 4346-020-010-12700 D10-57090 Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2021-009 be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2019- B-16 to permit a boundary adjustment having a lot frontage of approximately 32.3 metres (106.0 feet) and an area of approximately 0.2 hectares (0.4 acres) to be added to 336 Horseshoe Valley Road East, subject to the conditions as outlined in Report DS2021-009. 3. The conditions are as follows for Application 2019-B-16: a) That the severed lands be consolidated with the abutting property to the west and that the provisions of Section 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel to the west, the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. provided to the Secretary-Treasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identifier Number; b) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; c) for the parcel severed, for review by the Municipality; and, d) That all municipal taxes be paid to the Township of Oro-Medonte. 4. And that the applicants decision under the Secretary- signature. Development Services February 3, 2021 Report No. DS2021-009 Page 1 of 11 Page 243 of 272 7.b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application ... Background: The subject Consent Application was considered at the September 4, 2019 Development Services Committee meeting and was deferred to allow the applicants the opportunity to discuss with the County of Simcoe their road widening condition along Horseshoe Valley Road East (County Road 22). The Township has since received correspondence from the County and they have advised that a road widening will not be required for this property at this time as require the County to widen this section of County Road 22. The subject lands are located on the north side of Horseshoe Valley Road East between Line 8 North and Line 9 North and has a lot area of 0.6 hectares (1.5 acres). Surrounding land uses predominantly consist of agricultural/rural lands to the north and residential lots to the east and west (refer to Schedules 1 and 2). The applicants are requesting consent to sever and merge lands for the purpose of a boundary adjustment (refer to Schedule 3), as noted below: Lands to be Severed and Added to Lands to be Retained (354 336 Horseshoe Valley Road East: Horseshoe Valley Road East: Frontage: Approx. 32.3 m (106.0 ft.) Approx. 66.7 m (219.0 ft.) Depth: Approx. 60.9 m (200.0 ft.) Approx. 60.9 m (200.0 ft.) Area: Approx. 0.2 ha (0.4 ac) Approx. 0.4 ha (1.0 ac) Use: Vacant Land Existing Dwelling No new lots are proposed as a result of the lot addition. Policies, Legislation and Analysis: Provincial Policies The Provincial Policy Statement (2020) (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Lot adjustments may be permitted for legal or technical reasons (Section 2.3.4.2) including minor boundary adjustments which do not result in the creation of a new lot. The policies of A Place to Grow, Growth Plan for the Greater Golden Horseshoe (2019) have been reviewed and do not affect the application, since the proposed boundary adjustment does no Based on the above, the proposed boundary adjustment conforms to applicable Provincial policies. Development Services February 3, 2021 Report No. DS2021-009 Page 2 of 11 Page 244 of 272 7.b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application ... County of Simcoe Official Plan The subject lands are designated Agricultural in accordance with the County of Simcoe Official Plan (refer to Schedule 4). contains policies relating to the purposes of legal and technical reasons and consolidation of land holdings may be permitted but shall not be for the The purpose of the application isto reconfigure lot lines, would not create new lots but would increase the size of one (1) existing residential lot. The County has reviewed the proposed Consent Application and has advised that a road widening will not be required for this property at this time and that the applicants have applied previous comments on this application. As a result, the County is satisfied that the applicants have fulfilled all of the required conditions. Township of Oro-Medonte Official Plan The in accordance with Schedule A (refer to Schedule 5). The policies of the designation does not specifically address boundary adjustments, but policy guidance with respect to boundary adjustments is found in Section D2.2.2 of the Oro- permitted for the purpose of modifying lot boundaries, provided no new building lot is created \[and\] the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect The lands to be severed or retained are not currently under cultivation or suitable for cultivation and therefore the proposed boundary adjustment would not take any agricultural land out of production. Planning Staff is of the opinion that this application, if approved, will not negatively affect the functionality or viability of the affected parcels. s to the Township of Oro-Medonte Zoning By-law 97-95 The subject -law 97-95, as amended (refer to Schedule 6). Table B4--law requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. Table B4A also requires a minimum of 0.4 hectares for residential uses. The applicant is proposing lot sizes of 0.4 ha (1.0 ac.) (lands to be retained 354 Horseshoe Valley Road East) and 0.6 ha (1.6 ac.) (lands to be enhanced 336 Horseshoe Valley Road East). The lot configurations that would result from this application, if approved, would all comply with the lot frontage and lot area provisions of the Zoning By-law. Development Services February 3, 2021 Report No. DS2021-009 Page 3 of 11 Page 245 of 272 7.b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application ... Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Application meets the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) decision. Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 Growth Plan for the Greater Golden Horseshoe, 2019 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: is relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that does not Staff is of the opinion that the proposed development is consistent with the Strategic Plan, as it Consultations: Notice of this application was circulated to the public and to 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. Building Division no comments Operations Division no concern or further comments Simcoe County a road widening will not be required for this property at this time and that the applicants have applied for and been approved for an Entrance Permit as Development Services February 3, 2021 Report No. DS2021-009 Page 4 of 11 Page 246 of 272 7.b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application ... is satisfied that the applicants have fulfilled all of the required conditions. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Proposed Boundary Adjustment Schedule 4: County Official Plan Land Use Schedule 5: Township Official Plan Land Use Schedule 6: Zoning By-law Conclusion: analysis of this application, it is recommended that Consent Application 2019-B-16 be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2019, conforms to the Official Plans for the Township of Oro- Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager, Development Services January 25, 2021 Andria Leigh, Director, Development Services January 25, 2021 Development Services February 3, 2021 Report No. DS2021-009 Page 5 of 11 Page 247 of 272 7.b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application ... Development Services February 3, 2021 Report No. DS2021-009 Page 6 of 11 Page 248 of 272 7.b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application ... Development Services February 3, 2021 Report No. DS2021-009 Page 7 of 11 Page 249 of 272 7.b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application ... Development Services February 3, 2021 Report No. DS2021-009 Page 8 of 11 Page 250 of 272 7.b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application ... Development Services February 3, 2021 Report No. DS2021-009 Page 9 of 11 Page 251 of 272 7.b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application ... Development Services February 3, 2021 Report No. DS2021-009 Page 10 of 11 Page 252 of 272 7.b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application ... Development Services February 3, 2021 Report No. DS2021-009 Page 11 of 11 Page 253 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... Report Report No. To: Prepared By: DS2021-010 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # February 3, 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. DS2021-010 be received and adopted. 2. That Minor Variance Application 2020-A-65 by David Phillips, specifically to permit a setback of 15.0 metres (49.2 feet) from a water course for a single detached dwelling and a swimming pool on lands municipally known as 2 Hlynka Place, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-010. 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 decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services decision under the Secretary- signature. Background: The subject Minor Variance Application was considered at the January 6, 2021 Development Services Committee meeting and was deferred to allow the applicant the opportunity to discuss with the Lake Simcoe Region Conservation Authority (LSRCA) Development Services February 3, 2021 Report No. DS2021-010 Page 1of 14 Page 254 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... the appropriate setback to the watercourse. In their comments dated December 24, 2020, the LSRCA requested a minimum setback of 15 metres from the watercourse to Development Guidelines. The Township has since received revised drawings from the applicant which provides a minimum setback of 15 metres from the watercourse to the proposed dwelling and swimming pool, in keeping with the comments and direction provided by the LSRCA. 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 detached dwelling (refer to Schedules 1 and 2). Surrounding land uses consist of similar sized residential lots. The applicant is proposing to construct a 2-storey single detached dwelling to replace 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) 15.0 metres (49.2 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 t 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. Development Services February 3, 2021 Report No. DS2021-010 Page 2of 14 Page 255 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... 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 employment growth 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 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 Development Services February 3, 2021 Report No. DS2021-010 Page 3of 14 Page 256 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... 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 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 Development Services February 3, 2021 Report No. DS2021-010 Page 4of 14 Page 257 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... from flooding and erosion hazards. The applicant is seeking a reduced setback to 15.0 metres (49.2 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. 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 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 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. Development Services February 3, 2021 Report No. DS2021-010 Page 5of 14 Page 258 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... 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. 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 activity that does not and attributes. Development Services February 3, 2021 Report No. DS2021-010 Page 6of 14 Page 259 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... 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. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Schedule 4: (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 15.0 metres (49.2 feet) from a water course for a single detached dwelling and a swimming pool 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 January 25, 2021 Andria Leigh, Director, Development Services January 25, 2021 Development Services February 3, 2021 Report No. DS2021-010 Page 7of 14 Page 260 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... Development Services February 3, 2021 Report No. DS2021-010 Page 8of 14 Page 261 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... Development Services February 3, 2021 Report No. DS2021-010 Page 9of 14 Page 262 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... Development Services February 3, 2021 Report No. DS2021-010 Page 10 of 14 Page 263 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... Development Services February 3, 2021 Report No. DS2021-010 Page 11 of 14 Page 264 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... Development Services February 3, 2021 Report No. DS2021-010 Page 12 of 14 Page 265 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... Development Services February 3, 2021 Report No. DS2021-010 Page 13 of 14 Page 266 of 272 7.c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Appl... Development Services February 3, 2021 Report No. DS2021-010 Page 14 of 14 Page 267 of 272 7.d) DS2021-11, Andy Karaiskakis, Senior Planner re: Deeming By-law Appl... Report Report No. To: Prepared By: DS2021-011 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # February 3, 2021 Deeming By-law Application _____________________ 2021-D-01 Roll #: R.M.S. File #: Taryn Rae Benitez Sanchez 4346-030-010-14900 D12- 34 Goss Road and Adjacent 4346-030-010-15000 Parcel to East and West 4346-030-010-15100 (addresses not assigned) Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2021-011 be received and adopted. 2. That Deeming By-law Application 2021-D-01 by Taryn Rae Benitez Sanchez, to deem the three parcels (Lot 25, Lot 26, Lot 27 on Plan 791) under the Planning Act not to be a registered plan of subdivision, for lands located at 34 Goss Road and adjacent parcels to the east and west (addresses not assigned), Township of Oro- Medonte, be approved. 3. That the Deputy Clerk bring forward the appropriate By- consideration. 4. Development Services signature. Background: Taryn Rae Benitez Sanchez owns several properties (Lot 25, Lot 26, Lot 27) in Registered Plan 791 fronting on Goss Road. The application for the deeming by-law is related to these three parcels - Lot 25, Lot 26, Lot 27 on Plan 791 (refer to Schedules 1 and 2). The submitted deeming by-law application is necessary in order to three parcels under the Planning Act not to be a registered plan of subdivision which provides the legal mechanism for the three lots to merge on title and become one lot. It is noted that the only way to separate the three parcels in the future is through a Consent Application. Development Services February 3, 2021 Report No. DS2021-011 Page 1of 5 Page 268 of 272 7.d) DS2021-11, Andy Karaiskakis, Senior Planner re: Deeming By-law Appl... Analysis: The process considered through the Planning Act in which to merge lots located within a plan of subdivision is through a Deeming By- records for the subject properties show three property roll numbers and the registered property owner for the three parcels being identified as noted above. Lot 25 (address not assigned) is vacant; Lot 26 (34 Goss Road) contains a single detached dwelling while Lot 27 (address not assigned) is also vacant. The applicant wishes to merge the three properties to construct a new dwelling on the consolidated land holdings. Plan. Single detached dwellings and accessory buildings are permitted uses on lands Limited Service Exception Two (RLS*2) Zoning By-law 97-95, as amended. Single detached dwellings and accessory uses such as detached garages are permitted in the RLS Zone. Since Goss Road is a private road, Site Plan Control would apply to the proposed development pursuant to the Township of Oro-Medonte Official Plan and in accordance with the Townships Zoning By-law 97-95. In accordance with the Planning Act, no public meeting is required prior to the consideration of a deeming by-law. Notice of the passage of the deeming by-law is required to be provided to the landowner. Financial / Legal Implications / Risk Management: Potential change in assessment. Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic and attributes. Development Services February 3, 2021 Report No. DS2021-011 Page 2of 5 Page 269 of 272 7.d) DS2021-11, Andy Karaiskakis, Senior Planner re: Deeming By-law Appl... Consultations: N/A Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Conclusion: Planning Staff recommends that Deeming By-law Application 2021-D-01 to deem the three parcels (Lot 25, Lot 26, Lot 27, Plan 791) under the Planning Act not to be a registered plan of subdivision on lands municipally known as 34 Goss Road and 0 Goss Road, Township of Oro-Medonte, be approved through Deeming By-law No. 2021-014. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager, Planning Services January 25, 2021 Andria Leigh, Director, Development Services January 25, 2021 Development Services February 3, 2021 Report No. DS2021-011 Page 3of 5 Page 270 of 272 7.d) DS2021-11, Andy Karaiskakis, Senior Planner re: Deeming By-law Appl... Development Services February 3, 2021 Report No. DS2021-011 Page 4of 5 Page 271 of 272 7.d) DS2021-11, Andy Karaiskakis, Senior Planner re: Deeming By-law Appl... Development Services February 3, 2021 Report No. DS2021-011 Page 5of 5 Page 272 of 272