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03 03 2021 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee �z Meeting Agenda 0;Township of Electronic Meeting P,.,,,,d Heritage, Excit„g Future Wednesday, March 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 in advance of the meeting date in accordance with the Township's 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 267 4. Approval of Minutes: 3 - 15 a) Minutes of Development Services Committee meeting held on Wednesday, February 3, 2021 . 5. Public Meetings: None. 6. Public Hearings: 16 - 47 a) 5:30 p.m. DS2021-31, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-07 by Giannoula Barlas-Toutounis, 849 Woodland Drive. 48 - 74 b) 5:40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Application 2021-A-08, Karen, Sandra, Brian & Greg Vadasz, 211 Eight Mile Point Road. 75 - 121 c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Application 2021-A-10, Lydia Ruzycky, 141 Eight Mile Point Road. 122 - 156 d) 6:00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-09, Sherry and Rob Davidson, 94 Line 14 South. 157 - 198 e) 6:10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: Consent Applications 2020-B-25, 2020-B-26 and 2020-B-27 by Binglin He and Yuqiong He, 4352 Line 11 North. 199 - 239 f) 6:20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Consent Applications 2021-B-09, 2021-B-10 and 2021-B-11 by Blue Sky Elevations Inc., 1163 Line 15 North, 1167 Line 15 North and 1173 Line 15 North. 7. Reports of Municipal Officers: 240 - 259 a) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law Amendment Application 2019-ZBA-11 by John, Linda and George Hill, 517 50/51 Sideroad [Refer to Item 5b) 03 03 2021 Council Agenda]. 260 - 267 b) DS2021-30, Andria Leigh, Director, Development Services re: LPAT Hearing Representation, Minor Variance Application 2019-A-42 (Robu), 259 Moon Point Drive. 8. Next Meeting Date: Wednesday, April 7, 2021 . 9. Adjournment: a) Motion to Adjourn. Page 2 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte (w Development Services Committee Minutes Township of tP� Electronic Meeting Proud Heritage,Exciting Future Wednesday, February 3, 2021 5:30 p.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw 'ie Staff Andria Leigh, Director, Development Services; Derek Witlib, Manager, Present: Planning Services; Andy Karaiskakis, Senior Planner; Catherine McLean, Intermediate Planner; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT) 'Assamb, No All Council and staff participated via Zoom platform. 1116, 1. Opening of Meeting:` , Deputy Mayor Hough assumed the Chair and called the meeting to order. 2. Agenda Ap roval: a) Motion to Approve the Agenda. Motion No. DSC210203-1 IF Moved by Veitch, Seconded by DeSousa It is recommended that the agenda for the Development Services Committee meeting of Wednesday February 3, 2021 be received and approved. Carried. Page 1 of 13 Page 3 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 3, 2021. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, January 6, 2021. Motion No. DSC210203-2 Moved by Greenlaw, Seconded by Keane JA�� It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, January 6, 2021 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 13 Page 4 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 3, 2021. 6. Public Hearings: a) DS2021-16, Andria Leigh, Director, Development Services re: Minor Variance Application 2020-A-71, Wagner & Cynthia Smith, 2687 Old Barrie Road West. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 20, 2021; Township of Oro-Medonte, Operations Division dated January 20, 2021 ; Township of Oro-Medonte, Building Division dated January 27, 2021; Nottawasaga Valley Conservation Authority dated February 1, 2021. A# Andria Leigh, Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Adrian Caraballo, on behalf of the applicant, was present. 'X Staff commented that no additional public registrations were received. There was no additional correspondence received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210203-3 Moved by DeSousa, Seconded by Veitch It is recommended 1 . That DS2021-16, Andria Leigh, Director, Development Services re: Minor Variance Application 2020-A-71 , Wagner & Cynthia Smith, 2687 Old Barrie Road West 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 DS2021-16. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 13 Page 5 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 3, 2021. b) 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. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 19 and 27, 2021; Township of Oro-Medonte, Operations Division dated January 19, 2021; Bell Canada dated January 21, 2021; Township of Oro-Medonte, Building Division dated January 27, 2021 . Danielle Waters, Planner, 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 received during this hearing. There being no further comments or questions, the hearing adjourned. ' Motion No. DSC210203-4 Moved by Hughes, Seconded by Scott,, It is recommended 1 . That 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 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 DS2021-014. 3. 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 DS2021-014. 4. That the applicant be advised of Development Services Committee's decisions under the Secretary Treasurer's signature. Carried. Page 4 of 13 Page 6 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 3, 2021. c) DS2021-12, Danielle Waters, Planner re: Minor Variance Application 2021-A-02, Andrea Blake & Joseph Paul, 1038 Line 7 South. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 19, 2021; Township of Oro-Medonte, Operations Division dated January 19, 2021; Lake Simcoe Region Conservation Authority dated January 25, 2021 ; Township of Oro-Medonte, Building Division dated January 27, 2021 ; Tim McHardy and Yvonne Galbraith dated February 2, 2021. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The applicants, Andrea Blake and Joseph Paul, were present. One registration to provide verbal comments was received and then withdrawn. There was no additional correspondence received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210203-5 V 'N Moved by Keane, Seconded by Greenlaw k 10 It is recommended 1 . That DS2021-12, Danielle Waters, Planner re: Minor Variance Application 2021-A- 02, Andrea Blake & Joseph Paul, 1038 Line 7 South 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 DS2021-012. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. 4W Page 5 of 13 Page 7 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 3, 2021. d) DS2021-17, Catherine McLean, Intermediate Planner re: Consent Application 2021- B-02 by Bruce North, 363 Line 12 North. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 19, 2021; Township of Oro-Medonte, Operations Division dated January 20, 2021, Bell Canada dated January 21, 2021; Township of Oro-Medonte, Building Division dated January 26, 2021 ; Lake Simcoe Region Conservation Authority dated January 26, 2021 . Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Joshua Morgan, Morgan Planning & Development Inc., on behalf of the applicant, was present. Staff commented that no additional public registrations were received. There was no additional correspondence received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210203-6 Moved by Scott, Seconded by Hughes X It is recommended 1. That DS2021-17, Catherine McLean, Intermediate Planner re: Consent Application 2021-B-02 by Bruce North, 363 Line 12 North 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. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. I%f Carried. Page 6 of 13 Page 8 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 3, 2021. e) DS2021-19, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-03, Aaron & Laura Martyn, 36 Elvyn Crescent. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 19, 2021; Township of Oro-Medonte, Building Division dated January 20, 2021; Township of Oro-Medonte, Operations Division dated January 20, 2021; Timothy Anderson on behalf of Ron and Shelley McGee dated January 27, 2021. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The applicant, Aaron Martyn, was present. The following presented public comments:Aii Timothy Anderson, on behalf of Ron and Shelley McGee, provided opposition comments with respect to their submission and included opposition and concerns with respect to roof slope, affect on their property, would prefer the roofline to be the same as the existing building and requested to add condition of same. There was no additional correspondence received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210203-7 Moved by Hughes, Seconded by Kean: It is recommended 1 That DS2021-19, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-03, Aaron & Laura Martyn 36 Elvyn Crescent 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 DS2021-19. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 13 Page 9 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 3, 2021. f) DS2021-7, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-04, Nicole Tuyten, 15 McLean Crescent. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 19, 2021; Township of Oro-Medonte, Operations Division dated January 19, 2021; Township of Oro-Medonte, Building Division dated January 27, 2021. Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Kristi McKechnie, on behalf of the applicant, was present. Staff commented that no additional public registrations were received. There was no additional correspondence received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210203-8 Moved by Greenlaw, Seconded by Keane It is recommended 1. That DS2021-7, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-04, Nicole Tuyten, 15 McLean Crescent 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 DS2021-7. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. g) Consent Applications: 2020-B-25, 2020-B-26, 2020-B-27, 4352 Line 11 North were deferred. Page 8 of 13 Page 10 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 3, 2021. h) DS2021-6, Catherine McLean Intermediate Planner re: Minor Variance Application 2021-A-05, Cynthia & Timothy Ferris, 37 Moon Point Drive. The following correspondence was received: Lake Simcoe Region Conservation Authority dated December 17, 2020; Township of Oro-Medonte, Manager, Development Engineering dated January 20, 2021; Township of Oro-Medonte, Operations Division dated January 20, 2021 ; Township of Oro-Medonte, Building Division dated January 26, 2021 . 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 received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210203-9 Moved by DeSousa, Seconded by Scott 4% N It is recommended " 1. That DS2021-6, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-05, Cynthia & Timothy Ferris, 37 Moon Point Drive 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 (48.9 feet) on lands municipally known as 37 Moon Point Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2021-6. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. 4W Carried. Page 9 of 13 Page 11 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 3, 2021. i) DS2021-13, Danielle Waters, Planner re: Minor Variance Application 2021-A-06, Jane Watkins, 17 Nelson Street. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 19, 2021; Township of Oro-Medonte, Operations Division dated January 19, 2021; Lorie and Marty Emmons dated January 23, 2021; Township of Oro-Medonte, Building Division dated January 27, 2021 ; Nottawasaga Valley Conservation Authority dated February 1 , 2021 . Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented Savas Varadas, on behalf of the applicant, was present.`` Staff commented that no additional public registrations were received. There was no additional correspondence received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210203-10 'N Moved by Keane, Seconded by DeSousa It is recommended 1. That DS2021-13, Danielle Waters, Planner re: Minor Variance Application 2021-A- 06, Jane Watkins, 17 Nelson Street 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 DS2021-13. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 13 Page 12 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 3, 2021. 7. Reports of Municipal Officers: 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). Motion No. DSC210203-11 Moved by Hughes, Seconded by Veitch It is recommended A& 1 . That 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) be received and adopted, as amended. 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. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. b) DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application 2019-13-16 by Kit Cairns & Laura Welsh, 354 Horseshoe Valley Road East. Motion No. DSC210203-12 ANAL Moved by Veitch, Seconded by Scott It is recommended 1 . That DS2021-9, Andy Karaiskakis, Senior Planner re: Consent Application 2019-13-16 by Kit Cairns & Laura Welsh, 354 Horseshoe Valley Road East be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2019-13-16 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 DS2021-9. 3. That the applicants be advised of the Committee's decision under the Secretary- Treasurer's signature. Carried. Page 11 of 13 Page 13 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 3, 2021. c) DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2020-A-65, David Phillips, 2 Hlynka Place. Motion No. DSC210203-13 Moved by Greenlaw, Seconded by Veitch It is recommended 1. That DS2021-10, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2020-A-65, David Phillips, 2 Hlynka Place 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 DS2021-10. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. ,14<1 Carried. d) DS2021-11, Andy Karaiskakis, Senior Planner re: Deeming By-law 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]. Motion No. DSC210203-14 Moved by , Seconded by;, It is recommended 1 . That DS2021-11, Andy Karaiskakis, Senior Planner re: Deeming By-law Application 2021-D-01, Taryn Rae Benitez Sanchez, 34 Goss Road and Adjacent Parcel to East and West (addresses not assigned) 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 appropriate draft by-law be brought forward for Council's consideration. 4. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 12 of 13 Page 14 of 267 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 3, 2021. 8. Next Meeting Date: March 3, 2021 . 9. Adjournment: a) Motion to Adjourn. Motion No. DSC210203-15 Moved by DeSousa, Seconded by Greenlaw It is recommended that we do now adjourn at 8:08 p.m. Carried. An audio recording of the meeting is available through the Township's website. % 'N106hh, Deputy Mayor Ralph Hough, Chair Derek Witlib, Manager, Planning Services Page 13 of 13 Page 15 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re: M... /a Township Of C.�` ,W Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2021-031 Development Services Committee Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # March 3, 2021 Minor Variance Application 2021-A-07 by Giannoula Barlas- Roll #: Toutounis R.M.S. File #: 4346-030-012-35300 849 Woodland Drive D13 59043 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2021-031 be received and adopted; 2. That Minor Variance Application 2021-A-07 by Giannoula Barlas-Toutounis, specifically to permit a maximum height of 6.72 metres (22.1 feet) and a maximum floor area of 97 sq. m (1 ,044.1 sq. feet) for a proposed second-storey addition to an existing detached accessory building, for a property located at 849 Woodland Drive, be approved, subject to the conditions as outlined in Report DS2021-031 . 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 the accessory building not be used for human habitation; d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject lands are located at 849 Woodland Drive and currently support a single detached dwelling, an accessory building (detached garage) adjacent to Woodland Drive and an accessory building (boathouse) adjacent to Lake Simcoe. Surrounding land uses consist of low-density shoreline residential uses, predominantly in the form of single detached dwellings. Development Services Committee March 3, 2021 Report No. DS2021-031 Page 1 of 13 Page 16 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re. M... A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2. The purpose of Minor Variance Application 2021-A-07 is to permit the addition of a second storey to the existing detached garage, for the purposes of unheated storage space. To accommodate the proposed addition, the applicant has requested the following variances: Section 5.1 .4 Maximum Height (Accessory Building) Permitted. Proposed: Maximum 4.5 metres 14.7 feet 6.72 metres 22.1 feet Section 5.1 .6 Maximum Floor Area Accessory Building) Permitted. Proposed: Maximum 70 sq. m (753.5 sq. feet) 97 sq. m (1 ,044.1 sq. feet) The applicant's site plan, elevation drawings (existing and proposed) and floor plans are attached as Schedules 3 through 7 to this report. Analysis: Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. The applicant is proposing construction of an addition to an existing accessory building, which represents compatible rural development that is permitted by Section 1.1 .4. Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards serve to protect natural features and resources and ensure that development does not take plan on hazard-prone lands (e.g. flooding, erosion, wave uprush, ice piling). In the context of the subject lands, the relevant natural features, resources and hazards relate to Lake Simcoe and its shoreline. Therefore, a portion of the subject lands, along the shoreline, has been mapped as an area that is regulated by the Lake Simcoe Region Conservation Authority. However, the proposed garage is located well away from the shoreline and is outside of the LSRCA regulated area. Therefore, Planning Staff is of the opinion that the proposed development will not impact natural features, resources or hazards. Based on the above, Planning Staff finds this application to be consistent with the policies of the PPS. Development Services Committee March 3, 2021 Report No. DS2021-031 Page 2 of 13 Page 17 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re: M... A Place to Grow, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed development conforms to the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Section 4.2.4, Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is applicable to this application, since Lake Simcoe and its shoreline are Key Hydrologic and Key Natural Heritage Features. However, for the same reasons outline in the Provincial Policy Statement section above, it is Planning Staff's opinion that the proposed development will not impact Key Hydrologic and Key Natural Heritage Features. Therefore, Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. The Lake Simcoe Region Conservation Authority has provided the Township with their comments regarding this application in context to the LSPP, other applicable Provincial Policies, regulations under the Conservation Authorities Act and the LSRCA's development policies. The LSRCA has advised the Township that LSRCA is satisfied from a watershed management perspective that the application is consistent with the shoreline policies of the LSPP and that the proposal will not require a permit from LSRCA. County of Simcoe Official Plan The property is designated Rural in the County of Simcoe's 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" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the rural designation. In Planning Staff's opinion, the application conforms to the County's Official Plan as the construction of an addition to an existing garage represents limited residential development. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Development Services Committee March 3, 2021 Report No. DS2021-031 Page 3 of 13 Page 18 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re. M... 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 designated Shoreline in the Township's Official Plan. Pursuant to 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 that maintains the existing character of the area. Planning Staff finds the requested variances associated with a proposed addition to an accessory building (detached garage) on an existing residential lot to conform to the permitted uses of the Official Plan and, for reasons that are detailed below, the proposed development would be compatible with the character of the existing shoreline residential area. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Shoreline Residential Exception 2 by Zoning By-law 97-95, as amended, and accessory buildings are permitted in this zone. The general intent of the Zoning By-law in limiting the height and floor area of an accessory building is to ensure that the structure and its use remain secondary and subordinate to the dwelling on the property. The existing dwelling on the subject lands is a one-storey structure which, according to MPAC records, was constructed in 1956 and has a floor area of 145 square metres (1562 square feet). The existing detached garage is a one-storey structure that was constructed in 1975, has a floor area of 48.5 square metres (522 square feet). The dwelling and the garage have matching brick veneer and are of a design and appearance that are typical of residential neighbourhoods. The proposed second storey addition to the garage would increase the floor area of the garage to 97 square metres (1,044.1 square feet) and increase the height to two storeys measuring 6.72 metres (22.1 feet) at the mid-point between the roof peak and the eaves. This would result in the garage being taller than the dwelling, but still smaller in floor area. The existing garage is situated in a prominent location on the lot, close to the road whereas the dwelling is situated closer to Lake Simcoe. Therefore, the garage is the first noticeable structure when the lands are viewed from the road, whereas the dwelling would be the most noticeable and primary structure on the lands if viewed from Lake Simcoe. From either view, it is clear that the existing garage is an accessory building that serves and is secondary and subordinate to the dwelling. In Planning Staff's opinion, the proposed second storey addition to the garage, which the applicant has proposed to be clad in vinyl siding (a typical cladding found in residential neighbourhoods) will not change the current relationship between the garage and the dwelling, that being that the main use of the property is residential and that garage would continue to function and appear secondary and subordinate to the dwelling. Development Services Committee March 3, 2021 Report No. DS2021-031 Page 4 of 13 Page 19 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re. M... Planning staff also notes that while there are no two-storey detached garages in the immediate area of the subject lands, the neighbourhood's built form consists of a mixture of one and two storey dwellings positioned at varying setbacks from Woodland Drive. On this basis, Planning Staff is of the opinion that the proposed development, taking into consideration its height, mass and proposed design and materials, would be compatible with the existing residential neighbourhood. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the intent and purpose of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? For the reasons outlined above, Planning Staff does not expect the proposed development to stand-out, look out of place or detract from the character of this established neighbourhood. The proposed development would not interfere with any functional matters such as parking, the septic system or outdoor amenity space on the property. Based on the above, Planning Staff are satisfied that the proposed development would be desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. Planning Staff does not anticipate that the proposed development would in anyway negatively impact the use and enjoyment of surrounding properties and, for the reasons outlined above, will not change or interfere with the function/use of the subject lands and will not detract from the residential character of the neighbourhood. Therefore, Planning Staff is of the opinion that the requested variances are minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeals Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • Lake Simcoe Protection Plan • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that the application is consistent with the following Strategic Goal of the Township: Development Services Committee March 3, 2021 Report No. DS2021-031 Page 5 of 13 Page 20 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re. M... Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: Notice of the application was circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • LSRCA: No concerns, LSRCA permit not required. • Building Division: At time of Building Permit indicate location of sewage system on site plan complete with proximity to nearest distribution piping or sewage system component. Indicate distance from existing garage and proposed stair. • Development Engineering: No objection. • Operations Division: No objection. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Drawings (Existing) Schedule 5: Applicant's Elevation Drawings (Proposed) Schedule 6: Applicant's Floor Plans Conclusion: Based on Planning Staff's analysis it is recommended that Minor Variance Application 2021-A- 07 to permit an accessory building with a height of 6.72 metres (22.1 feet) and floor area of 97 square metres (1,044.1 square feet), be approved on the basis that the application is consistent with and conforms to Provincial policies and plans, conforms to the County and Township Official Plans, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Director Development Services February 26, 2021 Development Services Committee March 3, 2021 Report No. DS2021-031 Page 6 of 13 Page 21 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re- M... va r•Ra7 747 oons�ne�Rd. 751 755 HnrseI -Vallley tl. gua.ea �e.Ra. r 769 539 722 771 �R a4¢ n°aa 773 777 781 785 789 793 Lake 797 Simcoe 803 805 809 817 823 804 835 806 869 881 !y 885 a> 891 897 v 901 1 65 909 913 919 931 973 96 959 951 999 991985 979 1005 1045 Schedule 1 � Location Township of ® Subject Lands Proud Heritage,Exciting Future 0 200 m File Number:2021-A-07 N 1 1 1 1 1 Development Services Committee March 3, 2021 Report No. DS2021-031 Page 7 of 13 Page 22 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re- M... vse Rd. -M.a tane-R d.'' I 4 Ho i sMoe Va111y.d. I 41d.e— -Rd.� • d t �Ridg; ?°a �rAiy TR r r } 4_. 1 fit a z.. Schedule 2 Aerial Photo T hip� C3 Subject Lands Proud Heritage,Exciting Future a 15 m File Number:2621-A-07 N 1 1 1 1 1 11 Development Services Committee March 3, 2021 Report No. DS2021-031 Page 8 of 13 Page 23 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re. M... Schedule 3: Applicant's Site Plan 30aVYIS 371V1 I I I rILj I I I I � to iN �E 4 - 04 n - rl C I � I _ ==LLZW r,z J3z n I � I I w w QO I0 � I z Z 'j, --1 A (w6Z'81) 00'09 M.00Zt7c58N Development Services Committee March 3, 2021 Report No. DS2021-031 Page 9 of 13 Page 24 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re. M... Schedule 4: Applicant's Elevation Drawings (Existing Garage) EXISTING{FRONT) EXISTING(RIGHT SIDE; SOUTH ELEVATION EAST ELEVATION EXISTING(REAR) EXISTING(LEFT SIDEp NORTH ELEVATION WEST ELEVATION Schedule 5: Applicant's Elevation Drawings (Proposed) 4=J�ASPFALiS I—ES PEAK OF ROOF NI�RUU= —.1-H CIA GIPiFx, R.WL..fAStIA BARD a `- WBJIED SOFRi(PYPIGII W! U=CEILING NEW VNYL SIDING rvFw slolrvG TW+n �❑� Q R NEW ASPHALT SHINGiES 4 m PR.L..F AWM.GURER. E..AgeIA EOAaD a I IN vaareo sbFrlTIrYPICAL) ..,. — U!S O'OIIIIN(i 0. NEw sIDwGiwM FA.BRK:K � I El.GARAGE DOOR -IN_GARAGC EM.fOUNDAiNJNCW FOOLING I I PROPOSED(FRONT) SOUTH ELEVATION i -- Development Services Committee March 3, 2021 Report No. DS2021-031 Page 10 of 13 Page 25 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re: M... NEW ASPHALT SHINGLES u_ u_ PREFINISH ALUM.GUTTER, R.WE.f BOARD 11 VEMEp—FIT SOFFIT ITY%GLi J'5 OF CEILING NEW VWxL SIDING Q NEW A5FHALT SHINGLES ILI %REFINISH AW M_G=R, 42'HIGH GUARD R.WH.FASCIA BOAR D & VENTEDSOFFITITr W ITV.7n!)II ocR IX.BR- —'NDOD E-:P5 Q -IN GARAGE i I I I I II I 4� i PROPOSED#RIGHT SIDE) a EAST ELEVATION r` -L PREFINISH ALUM.GUTTER, R.W.L.FASCIA BOARD S. VENTED SOFFIT[TYPICAL] U/S OF CEILING NEW VINYL SIDING NEW 5IDING TRIM - ::11 EIE Q I —42!'HIGH GUARD W I I q I jI IN_7N n rI_B03 U;/ CA C:I II INC I EH.WN. ER.ERICC Q W � 47'HIGH GUARD FIN.GARAGE is ER.rCLNDAION C/W FOOTNG - I I I I I I I PROPOSED(REAR) a NORTH ELEVATION I I I I I I L---------- - ------------L- --- - ---- `---' Development Services Committee March 3, 2021 Report No. DS2021-031 Page 11 of 13 Page 26 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re- M... MEW ASPHALrSHINGIS P REFINISH ALUM.G—, R,W.L.FASCIA EC—3 VENrED 1.FH ITIFICAL, ills OF CEILING NEW VINYL SIDING 7 Fr NEW ASPHAITSHINGa Fe Q Q + PRFryN$H ALUM GU1rHR, /( IC a V.w ENTEL.FASCIAP I I I II o$GFryr(7ttPCA11 4T'HIGH GUARD -Pz,,l F I I I I I I I II FIN.3N6fLOOR 2'-Sr 016OF CEILING 4 0 EX.ERICK d FIN.GARAGE I I I I I I I j l I I I q z i PROPOSED(LEFT SIDE) WEST ELEVATION I Development Services Committee March 3, 2021 Report No. DS2021-031 Page 12 of 13 Page 27 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re. M... Schedule 6: Applicant's Floor Plans XISTING FOUNDATIOIN•C1W MIN. °OOTINGS 191k6" -_ CONTRACTOR TO VERIF'. - I I 7 I SISTER ALL EXISTING 211 WITH NEW I 2X4 FOR NEW V CEILING HEIGHT I t K 1r T-t I � qq �. �-._ a 4 7x6"CEILING JOISTS EXISTING z � GARAGE ®1G SPR WI — — ; EXISTING SLAG I — O I I 1 — — I t 2`t6"RAFTER JOSTS 6 1 CO-C.SPR#1 n CDNi,2-2k12'LEDGER BOARD(P,i,) I M1 BOLTED TO BRICK VENNER WALL WI t7 11T'080LTS®16'O.C.STAGGERED t r � �. — — I .t ,e L IJ _ —f212xB I T-1 wDpD BEAM—— {2]2X8 — 1C'O SONG TUBE CONC.PIER BEVELLED TO T7k6'A7 WOOD BEAM BOTTOM,TO BEAR ON UNDISTURBED NATIVE SOIL CAPABLE OF SUSTAINING A BEARING PRESSURE OF 150KPa[31 X PSP[ AND EXTEND A MIN OF 4'-01 BELOW PoNISH GRADE,EXTEND 3'�" T2'-3` CONC.6-ABOVE THE FIN I$H GRADE,[TYP,] 22'-7" S kG MIN.WOOD KLT ANCHOFM TO CONC. HER W1M1+EIA-SHOE 3.1Z....T00E ANCROPED WN.4'INTO CONCRETE PIER MP.I• b 121M2 50 0 in 24,-0. �I u 0 `4 PROPOSED — 7'x6'C`II ING JOISTS UP 2 Q ry UNHEATED IT PS ;D.CSPR-I ry 5 STORAGE -.L I 2 0 kt I 2 6'RAFTER JOISTS 1 0 1 P O.C.SPR#I - T I �I S0 f~ n4k 50 121202 g3 V z (7 x v . li GJA':I:• Development Services Committee March 3, 2021 Report No. DS2021-031 Page 13 of 13 Page 28 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re. M... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: Wednesday, February 17, 2021 2:57 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-A-07) Barlas-Toutounis Teresa Development Engineering has No Objection to the above noted Application Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 29 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re. M... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: Wednesday, February 17, 2021 2:22 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-A-07) Barlas-Toutounis Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 30 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re. M... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:Thursday, February 18, 2021 5:16 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-A-07) Barlas-Toutounis Building Division comments are as follows; 1. Indicate location of sewage system on site plan complete with proximity to nearest distribution piping or sewage system component. Indicate distance from existing garage and proposed stair. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 31 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re: M... Lake Silmcoe Region conservation authority www.LSRCA.on.ca Sent by E-mail:akaraiskakis@oro-medonte.ca February 24, 2021 File No: 2021-A-07 IMS File No.: VA-189675-020521 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application 849 Woodland Drive Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to construct a second storey over the existing detached garage for storage purposes.The Application is seeking relief for height and floor area. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Applicant's Site Plan Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics Existing mapping indicates that the subject property is partially regulated due to the associated shoreline flood and erosion hazards. • The subject property is currently designated Shoreline in the Township of Oro-Medonte's Official Plan. • The subject property is currently zoned Shoreline Residential (SR)Zone. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 32 o-fF267.800.465.0437 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Plannin$a a�beS nM... onservation authority Page 2of3 Features Lake Simcoe Regron 0 L5RC;A Walargred Boundary LSPP Waerelxd Bdundsry — Regoation Boundary IEagrYtian Area Asmamert Patcati Lot and Comeamon rx Road Lags T — 1Waterc: se r RgadS `f�yrwp 1•irsa . - LxY Ihrr Lmvn Tyr Mttnierpalky ^ 00-LAM 6R H { 6LAN 'ta d - �yN- 0191 IDOL ��m�� 846M ULANO arzarzaat .. 0 �ar - •+.a.r�*�•o�4wsr ir0�n wq r�rmrsfew�srwr y�+.n�-- WC�CY7L,4Up �.r..�rwd.►+�arr.Y.u.`.sry E ��wvn��/y r c111G1 os 7 4C�ei�Pe Wr��!!4 Ya�AYE� iAc trayae�sw�Psr�t NR irr L6 LnE 1'P .w w�►..�i �ar.n.a.r��af+�ur .rr.ry+�.r �rral�..rrr orerw�..►aae ararracr an.,�rw.. scale t Qt' rarmra Al ® 2t a+ 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) and the LSPP.The existing detached garage is not within the vicinity of any natural heritage hazards or natural heritage features (located closer to the road). LSRCA is satisfied from a watershed management perspective that the proposal is consistent with the PPS and in conformity with provincial natural heritage policies 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 Page 33 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Plannin$a a�beS nM... onservation authority Page 3 of 3 interference in any way with a watercourse or wetland.The site is partially within the regulated shoreline hazard lands however the detached garage with proposed second storey is located outside of the regulated area. A permit from LSRCA is therefore not required. Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the shoreline policies of the LSPP. The proposal will require a permit from LSRCA. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated; 2. Ontario Regulation [179/06] applies to the subject site. The Applicant will not be required to obtain a permit from LSRCA as site alteration/construction is not proposed in the regulated area. Please inform us on the resulting decision for this Application. Sincerely, e - Shawn Filson Planner 1 Page 34 of 267 6.a) 5.30 p.m. DS2021-31 , EqI ,\/Yg P I nt d@Ri'p e re: M... 6a) Additional correspondence received From: DEBRA EDWARDS <debra.edwards@rogers.com> Sent: Friday, February 26, 2021 6:14 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Application#2021-A-07 849 Woodland Drive Oro/Medonte We are writing to object to this application on the basis of excess height requested (6.72 meters) as this will interfere with the visual appearance of structures along our road. The proposed height seems questionably and obviously very inconsistent with any proposed dry storage addition !! We know that the true and intended purpose of this application is for additional living quarters and not dry storage! We have a well drilled roadside one property over and the old septic system roadside at 849 Woodland would not accommodate any additional living quarters as in bathrooms, etc. Please do not approve this obviously suspicious 'dry storage' application. Respectfully submitted, DEBRA EDWARDS AND DAVID EDWARDS 841 Woodland Drive, Oro/Medonte, ONT L3V OR8 Page 35 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re: M... A 1Y O N O N �k to •— O C C)- ' Q � Cu U Cu C m > •Cu 0 4-0 Cu _00 Cu o a� O o N o o o cn U CY) O . . . . 00 U) a O • • o ca •— .� t� E U •� i Nw O U Page 36 of 267 6.a) 5.30 p.m. DS2021-31 , Derek Witlib, Manager, Planning Services re: M... O � > O O l. 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L CM -0 M 0 -0 M ^ 0- a) '^ D 0 U a) 0- (D 0) U 0 V, O L L O a) 0 > O O (6 O O U O _0 0- O O O O M �- -0 a) 0 (D E -0 00 (06 (6Lm � O M �. (D m (6 (6 `0 O > (6 � O _0 n3 � � Ea) 0 �. /L� a) N -0 O_ O D n L � 0 /'1 ON C �O - Zi U 0 a) U � ) Ea) 0 a) ° o >, O a) o � iA jm O V � . U 70 a>ai . E �0 (U a' -0 00 � 0-N � NO a) C� >, 0- O 0 o O (D 0- ,— O 0 -No - M LO ) }� O �L. 1 -0 a) (6 0 O U 0 (D U a) -0 0C N )Oa UL y-- y-- 0- 0 O UL N Q� 0UU O >U u0� ~ a0 Oa) . a) a) OUjL U OO Q L 0 N O OU 0" O L L 0 L O 0 L L a) 0 >OO L O a) H HL Q> H (6 0 -0 QH C� a) ` N CO Page 47 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... /o Township of l� Report keVIOIMPIP Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-028 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # March 3, 2021 Minor Variance Application 2021-A-008 Roll #: Karen, Sandra, Brian & Greg R.M.S. File #: 4346-030-012-11000 Vadasz D13-59091 211 Eight Mile Point Road Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-028 be received and adopted. 2. That Minor Variance Application 2021-A-08 by Karen, Sandra, Brian & Greg Vadasz, specifically for permission to increase the footprint of a boathouse and attached deck to 120.0 square metres (1,292 square feet) on the lands municipally known as 211 Eight Mile Point Road, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-028. 3. The conditions are as follows: a. That notwithstanding Section 5.7 b) — Decks and Section 5.16 c) — Non- Complying of Zoning By-law 97-95, the proposed boathouse shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the appropriate Zoning Certificate, LSRCA Permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services March 3, 2021 Report No. DS2021-028 Page 1 of 11 Page 48 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... Background: The subject property has a lot area of 0.36 hectares (0.89 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and boathouse. The applicants are proposing to enlarge the existing boathouse deck. The applicants are requesting relief from the following Section of Zoning By-law 97-95, as amended: Section 5.7 b - Decks Required: Proposed: Decks either attached to boathouse or 120.0 sq. m. (1,292.0 sq. ft.) combined stand alone are permitted to be located at area of the deck and boathouse the water's edge provided total footprint of deck and boathouse combined does not exceed 70 sq. m. 753 sq. ft. Section 5.16 c - Non-Complying Buildings and Structures Required: Proposed: A non-complying building or structure may The proposed extension of deck will be enlarged, repaired, replaced or increase the situation of non-compliance. renovated provided that [it]... does not in any other way increase a situation of non- 120.0 sq. m. (1,292.0 sq. ft.) combined compliance: area of the deck and boathouse Currently 106 sq. m. (1,141 sq. ft.) The applicant's 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. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Development Services March 3, 2021 Report No. DS2021-028 Page 2 of 11 Page 49 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... 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 —Water aims to "protect, improve or restore the quality and quantity of water". Planning staff are confident that the comments provided by the LSRCA satisfy this section. 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 deck is consistent with the Rural Areas policies in the Growth Plan 2020 as 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 policy is relevant due to the proximity of the lands to an inland lake. The subject lands are not located within any natural heritage designations identified in the Township or County Official Plans. Furthermore, pursuant to Section 4.2.4.5 of the Growth Plan 2020, the proposed development is permitted, as the subject lands are located within a developed shoreline area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject land is already developed for residential purposes. Lake Simcoe Protection Plan (LSPP) The subject lands is regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated this application and reviews these applications in the 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 that a LSRCA permit will be required. Development Services March 3, 2021 Report No. DS2021-028 Page 3 of 11 Page 50 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... County of Simcoe Official Plan The property is designated Rural in the County of Simcoe's 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" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the Rural designation. In Planning Staff's opinion, the application conforms to the County's Official Plan as the construction of a deck on the boathouse is accessory to a permitted use (dwelling) 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 designated Shoreline in the Township's Official Plan. Pursuant to 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. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Shoreline Residential Exception 2 and 100 (SR*2*100) in the Township's Zoning By-law 97-95, as amended. Single detached dwellings are permitted in the SR Zone and the proposed deck attached to the existing boathouse would be accessory to this permitted use. Exception 2 speaks to the required interior size yard setback. Exception 100 speaks to the required height of openings for dwelling units. Development Services March 3, 2021 Report No. DS2021-028 Page 4 of 11 Page 51 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... The general intent of the Zoning By-law in limiting the size of a boathouse and attached deck is to ensure that the shoreline is naturally maintained and that the structure remained secondary and subordinate to the dwelling. The proposed deck/boathouse will be smaller in size (footprint) than the existing dwelling. The proposed deck addition will continue to appear secondary and subordinate to the residential use of the property. The deck expansion would occur over an area currently covered in a flagstone patio and landscaped area. Therefore, the expansion of the deck will not impact any natural features along the shoreline. 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 the water. However, it is Planning Staff's opinion that the proposed structure will be in keeping with the character of the neighbourhood as several surrounding properties have decks and docks. 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. The structure is not anticipated to have an adverse impact on the neighbourhood as the deck addition is quite small compared to the existing structure and will not significantly change the structure. In Planning Staff's opinion, the requested Minor Variance is minor in nature. 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 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 Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 Development Services March 3, 2021 Report No. DS2021-028 Page 5 of 11 Page 52 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes and is therefore 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 • Township Building Services — no comments • Township Infrastructure and Capital Projects — no objections • LSRCA — permit required Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-08 be approved, specifically to permit a boathouse and deck with an increase in footprint of 120.0 square metres (1,292 square feet) on the lands municipally known as 211 Eight Mile Point Road on the basis that the application is consistent with and conforms to Provincial policies and plans and the County and Township Official Plans, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Danielle Waters, Planner Development Services March 3, 2021 Report No. DS2021-028 Page 6 of 11 Page 53 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... Approvals: Date Derek Witlib, Manager, Planning Services February 25, 2021 Andria Leigh, Director, Development Services February 25, 2021 Development Services March 3, 2021 Report No. DS2021-028 Page 7 of 11 Page 54 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re- Minor Variance Ap... Schedule 1: Location Map -r� -17 Vavi Y'- 251 .peoam�aa.� 249 247 Bean'oe.a ier�a. 245 r 243 �1 241 239 Ali idge ¢°.sd-^-ram 237 235 Lake 233 Simcoe 231 z29 225 221 43 219 45 217 47 215 49 D 51 C 53 O 4 55 m g 57 L 209 Irn W 59 207 61 63 205 65 203 87 199 197 69 195 71 135 187 189 191 193 73 Lake Simcoe 75 183 77 79 81 83 85 89 87 Schedule 1 Location '1 awash i1�of ®Subject Lands Proud Heritage,Exciting Future 0 150 M File Number:2021-A-08 a I I I i Development Services March 3, 2021 Report No. DS2021-028 Page 8 of 11 Page 55 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re- Minor Variance Ap... Schedule 2: Aerial Photo —V—J'M. 1-I � -Maone�[one Ad. �I le Ag R^ad 6 f. M a Y t, 'p Q. Schedule 2 Aerial Photo .lbwnshr. f—� - Subject Lands o„a Heritage,Exciting Future 0 25 m File Number:2021-A-08 ti I Development Services March 3, 2021 Report No. DS2021-028 Page 9 of 11 Page 56 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... Schedule 3: Applicant's Site Plan \NQ As PROPOSE ECK 20m �pP � Schedule 3 Y Applicant's Site Plan ...... —. ` Taurrishrp File Number 2021-A-08 Proud Heritage,Exciting Future Development Services March 3, 2021 Report No. DS2021-028 Page 10 of 11 Page 57 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re- Minor Variance Ap... Schedule 4: Applicant's Elevation Plan Front Elevation �L��LEP6L 42'REGALALUM{NUM PICKET RAIL 42'REGAL IDEAS CRYSTAL RAIL �D S GRAOE 36'-2 tlq" L HOUSE EDGE Side Elevation 42'REGAL IDEAS CRYSTAL RAIL 42'REGAL ALUMINUM PICKET RAIL STEPS D GRAf�F Schedule 4 Applicant's Elevation Drawings (��r��o�/l_�e�,ca��tte� wnship�J' File Number 2D21-A-08 Proud Heritage,Exciting Future Development Services March 3, 2021 Report No. DS2021-028 Page 11 of 11 Page 58 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: Wednesday, February 17, 2021 1:55 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-A-08)Vadasz Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 59 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: Wednesday, February 17, 2021 11:27 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-A-08)Vadasz Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 60 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:Thursday, February 18, 2021 5:08 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-A-08)Vadasz Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 61 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... Lake Silmcoe Region conservation authority www.LSRCA.on.ca Sent by E-mail:akaraiskakis@oro-medonte.ca February 23, 2021 File No: 2021-A-08 IMS File No.: VA-186307-021821 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application 211 Eight Mile Point Road Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to increase the area of a deck to a boathouse. The boathouse and deck are legal con-complying. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Applicant's Site Plan 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-Medonte's Official Plan. • The subject property is currently zoned Shoreline Residential (SR)Zone. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 62 o-fF267.800.465.0437 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Mir*e c4nwoAp... conservation authority Page 2of3 Feawres �}I Lake Si7oe Region a.irh,r•.r LSRCA.Walere�ed BoLoftry LSPP Wafmshe Boundary — Repolobw Boundary v _RG Regufabw Apes Asseesmert Parcel Lit and ct rrn u 5.1 t'1, Rgad Labels �� ► r — Walercaax . '.. Reads .:.H IlE 141ITN6 i .ILL '.T.F Rai*" ® La"Ter ML"dp- lly k•_riNlr$ H1 t 211 LIISH7,MIL'E FbIN7 Wv tag Rr GH7 Nll'£P%T RO fwre fk 2732Q21 M TMLLP NTR +rwrr_ u�.a rrr �.r.aaR+udr...o .e..sa wwrw�rrax. ou�w.away"i.1�...r w.+rr.w .�.nr.rrr......rsrrr..s.. s++�ws.w.:ura cs mrr r�aaasr•r+us 11Ir[a+c xccra lb F1 79I 017 s.'�..�rr�n=n aer rTly.wwws r crgr Or aaMrgr ••• Tr w•a+rr.r.rt-..a.eor...�rr aura �w9en in wram�n..mr rr.. ■.0 rr..r..ws IbSars 52 0 61 82 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) and the LSPP.The proposed deck extension is within the shoreline hazard lands. The deck extension will not constitute a change of use or residential intensification. LSRCA is satisfied from a watershed management perspective that the proposal is consistent with Section 3.1 of the PPS. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland.The site is within the regulated shoreline hazard lands. A permit from LSRCA is required. Additional studies may be required at the time of permitting. Page 63 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Mir*e c4napoAp... conservation authority Page 3 of 3 Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the shoreline policies of the LSPP. The proposal will require a permit from LSRCA. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated; 2. Ontario Regulation [179/06] applies to the subject site.The Applicant will be required to obtain a permit from LSRCA as site alteration is proposed in the regulated area. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner will obtain a permit from LSRCA for works within the regulated area. Sincerely, 3 Shawn Filson Planner 1 Page 64 of 267 6.b) 5.40 p.m. DS2021-28, Danielle Waters, Planner re: Minor Variance Ap... 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That Minor Variance Application 2021-A-10 by Lydia Ruzycky, specifically to permit a reduced setback from average high water mark of Lake Simcoe of 13.5m (44.3 ft.) to a proposed stair case serving an existing boathouse, on the lands municipally known as 141 Eight Mile Point Road, Township of Oro- Medonte, be denied for the reasons outlined in Report DS2021-027. 3. That Minor Variance Application 2021-A-10 by Lydia Ruzycky, specifically to permit a single detached dwelling with a maximum height of 11 .2m (36.7 ft.), a reduced setback from average high water mark of Lake Simcoe of 17.Om (55.8 ft.) to proposed deck attached to a dwelling, and a reduced setback from average high water mark of Lake Simcoe of 15.0 metres (49.2 feet) to a proposed stair case serving an existing boathouse, on the lands municipally known as 141 Eight Mile Point Road, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-027. 4. 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 Lake Simcoe 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; Development Services March 3, 2021 Report No. DS2021-027 Page 1 of 11 Page 75 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... 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 15.0 metres from the average high water mark of Lake Simcoe (219.15) to end of stairs and 17.0 metres to edge of dwelling; d. That the appropriate Zoning Certificate, Engineered Lot Grading Plan, LSRCA permit, Entrance permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. e. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.2 hectares (0.49 acres) and currently supports a boathouse, as shown on Schedules 1 and 2. The applicant is proposing to construct a single detached dwelling. The applicant is now seeking relief to the following sections of Zoning By-law 97-95: Table B1 — Permitted Uses SR Required. Proposed: Maximum height: 11 .0m (36.0 ft.) 11.2m (36.7 ft.) Section 5.30 — Setback from Average High Water Mark of Lake Simcoe / Table B1 1 — Standards for Permitted Uses, SR Permitted: Proposed: No building shall be located closer than 13.5m (44.3 ft.) to the proposed stair case 20.Om (65.6 ft.) from the average high serving the existing boathouse. water mark of Lake Simcoe 17.Om (55.8 ft.) to proposed deck attached to dwelling The applicant's 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 Development Services March 3, 2021 Report No. DS2021-027 Page 2 of 11 Page 76 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... 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 defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as 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 aims to "protect, improve or restore the quality and quantity of water". Planning staff are confident that the required permit by LSRCA will take all necessary precautions to protect the environment. At the time of writing this report, LSRCA has provided comments asking for deferral of the application Section 3.1 — Natural Hazards is met as per LSRCA comments. Planning Staff is of the opinion that, subject to the applicant increasing the proposed setback from Lake Simcoe for the boathouse staircase from 13.5m (44.3 ft.) to 15.0 metres (49.2 feet), 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 (Lake Simcoe). 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 LSRCA 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 LSRCA permit will satisfy this section. Comments have been received by LSRCA requesting a 15.0 metres (49.2 feet) setback from Lake Simcoe for the proposed boathouse staircase, to align with LSRCA policy. Development Services March 3, 2021 Report No. DS2021-027 Page 3 of 11 Page 77 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... Planning Staff is of the opinion that a revised design as per the LSRCA's recommendation would conform to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Rural in the County of Simcoe's 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" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the Rural designation as being proposed through this application in conformity with this policy. In Planning Staff's opinion, the application conforms to the general intent and purpose of the County's Official Plan by keeping with the rural character of the area and the permitted residential use. Lake Simcoe Protection Plan LSRCA has advised that it is satisfied from a watershed management perspective that the proposal is consistent with the PPS and in conformity with provincial natural heritage policies and the LSPP. The location of the dwelling and decking is within the shoreline hazard lands and will therefore require a permit from LSRCA. The LSRCA Watershed Development Guidelines restrict structures being located within 15 metres of the shoreline. The proposed staircase is located closer than 15 metres to the shoreline. LSRCA is therefore requesting that this proposal be revised to show that the staircase structure be located at least 15 metres from the shoreline rather than the 13.5 metres as being requested. LSRCA has requested the deferral of this application to allow for the applicant to revise their plans. However, Planning Staff is of the opinion that it would not be necessary to defer the application if the Committee's decision was to allow a setback of 15.0 metres (49.2 feet) rather than 13.5m (44.3 ft.). If the applicant is agreeable to this change, then they could provide revised drawings at the time of their submissions for a LSRCA permit, Township Zoning Certificate and Township Building Permit. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance Development Services March 3, 2021 Report No. DS2021-027 Page 4 of 11 Page 78 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The subject land is designated Shoreline in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation include dwellings and accessory uses. The Shoreline designation allows for limited shoreline development and must maintain the existing character of this predominantly residential area. The proposed residential construction is a permitted use and its construction will be in keeping with the existing residential character of the neighbourhood. Therefore, based on the above, the requested variances pertaining to this application are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. The general intent of the Zoning By-law in requiring the minimum setback from the average high water mark of 20 metres (65.6 feet) from Lake Simcoe is to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. Planning staff rely on comments from LSRCA to determine whether a proposed project will not harm the environment. LSRCA comments provided, show that a permit is required, and at this time, the proposed staircase is too close to the Lake. They have asked for deferral of the application to allow for the applicants to revise their plans; however as noted above it is recommended that the request be revised to reflect the staircase setback requirement to be 15.0 metres in conformity with the LSRCA guidelines rather than deferring. The primary purpose of maximum height for a dwelling is to ensure a uniform streetscape as well as to maintain the appearance of a single family dwelling and not a larger occupancy building. Planning Staff believe that the proposed height increase is minimal and will not affect the rural character of the area. For the reasons outlined above, Planning Staff is of the opinion that, subject to the applicant revising their design in accordance with the LSRCA's comments, 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. 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. Development Services March 3, 2021 Report No. DS2021-027 Page 5 of 11 Page 79 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... The applicant's requested setback of 13.5m (44.3 ft.) to the end of the boathouse staircase does not meet LSRCA's Watershed Development Guidelines and the LSRCA has requested a minimum setback of 15.0 metres (49.2 feet). Subject to this modification, Planning Staff would find the proposed development is desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor 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. Subject to the applicant revising their design in accordance with the LSRCA's comments, Planning Staff would find the proposed variances to be minor in nature. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2019 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Development Services March 3, 2021 Report No. DS2021-027 Page 6 of 11 Page 80 of 267 6.c) 5.50 p.m. DS2021-27, 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, ELG revision required • Township Building Services — no comments • Township Infrastructure and Capital Projects — no objections • County of Simcoe — no comments received • LSRCA — LSRCA permit required, requested deferral as proposed stairs do not meet their LSRCA Watershed Development Guidelines. LSRCA requesting that proposal be revised to show the staircase structure be located at least 15 metres from the shoreline. • Letter of concern from resident Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevations Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-10 be approved, specifically to permit a single detached dwelling with a maximum height of 11 .2m (36.7 ft.), a reduced setback from average high water mark of Lake Simcoe of 17.Om (55.8 ft.) to proposed deck attached to a dwelling, and a reduced setback from average high water mark of Lake Simcoe of 15.0 metres (49.2 feet) to a proposed stair case serving an existing boathouse, on the lands municipally known as 141 Eight Mile Point Road on the basis that the application is consistent with and conforms to Provincial policies and plans and the County and Township Official Plans, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services February 26, 2021 Andria Leigh, Director, Development Services February 26, 2021 Development Services March 3, 2021 Report No. DS2021-027 Page 7 of 11 Page 81 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re- Minor Variance Ap... Schedule 1: Location map Tv�er.aa.T �- 195 197 a. 191 193 T � 185 187 189 183 pBean'oe, ier�a.. 175 179 181 171 173 m. 169 1e 165 163 61 159 157 155 153 151 97 149 � 147 �f 99 145 101 A 143 aj 103 Lake 105 Sin7coe 107 139 109 111 137 133 7 119 2 1 4 3 6 Cd m 5 8 f� { 7 Lake � 10 U Simcoe 9 12 14 11 16 18 27 13 15 25 17 19 23 21 Schedule 1 Location ®Subject Lands Proud Heritage,Exciting Future 0 150 M File Number:2021-A-10 N I i i I Development Services March 3, 2021 Report No. DS2021-027 Page 8 of 11 Page 82 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re- Minor Variance Ap... Schedule 2: Aerial Photo -Mann Intone Ad. �,;-C- pne,eshoeNolle r �W A O�. L 1 y ,r Schedule 2 Aerial Photo --4�0 "luwnship of Subject Lands o„a He.iiQAe,Exciting Future 0 20 M File Number:2021-A-10 ti I i i i Development Services March 3, 2021 Report No. DS2021-027 Page 9 of 11 Page 83 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re- Minor Variance Ap... Schedule 3: Applicant Site Plan b EIGHT MILE POINT ROAD I;t EEr , ffMARK (FORNEkLY CAHIAGUE DPoVE BY BY REGISdEREO PLAN]P9) TOP OF EX.CONCRETE BELL PEDESTAL ON WEST SME HAVING AN ELEVATION - OF 225-22m k "Ex TReE TO eE PRLsENVw f OF .—s�"ffiMc�a�.��E�f �a. "'r'&�"� w I ... _oi ^°— --.-ul�..'�., >r=-e•— —o- EXw TO BE RENOKD I P SILT FENCE"5 P 3b 02 a � 2454 3;4 ET/U/ 2 S WE$ a ..P i M' l6'L 225.0.b 16A MA%'T1 3WES� sUf{ROUIf NG SEPIIt 225,95 SLT FENCE AS PER I PRW SWALLOW 841RE0 TRENCME$ - 3 I PROP.4 RUNS OE I1 ..#ean. I 2T51 % •'•r, '2 ` I I P ~ i3 w MA%3.,1 SLOPES '- I 1 E1r, y 24.97 ` PROP.ANAQt08I ICE5IER TANK,• �]', Y �-�` - 1 AD-NDDD+EALANCING/PUMP T K - MOP G 5 2 PT-NOC WATERL00 Q§I ILTER O _ 6A`_RET BIOFILTE TAf�K 3T 5WO I - �,' , ( J/ 1 cc .11(SLOPE e; (0) r tt-2 a � rI. PROPOSE D Nc BF 226?5 7 1 r 3:1 a QPE5 $ N MAX y,l AWEs ) // r y PRO,SILT FENCE AS PER L -- -J 1 - - LOWER IEM:4 PROP.SILT FENCE As P 3.6 02 DLEV-222.75 - j✓ a LOT 63 ng LOT 61 1 � R DECK n5.so i� I _ _2S Bo OF HtR '`PR RAISED FRC.I'iU STNkGSE FACYT UPPER DEM TO Ex. LOT f I.l' S2 z2�us BOATNwSE DECK T [4 MATCH ISn dYSET� 22 OIRED A PLAN &O PROP. ---------'"l j° Tl°.ST P snT FENCE As f PROP. 6-02 II wcR RArER MA RR 21s-Ts yc,� LAKE SIMCOE I , Schedule 3 Applicant's Site Plan - T�o -- File Number 2021-A-10 Proud Heritage,Exciting Future Development Services March 3, 2021 Report No. DS2021-027 Page 10 of 11 Page 84 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re- Minor Variance Ap... Schedule 4: Applicant's Elevation Drawing W ----- - ------- o-I � - , o -All /�2�IJOM E6vaticn Rlinor Varanoo a. wfmo�o,y -, ee9i eie.�,n+�wenane Schedule 4 Applicant's Elevation Drawings Taurrnh.rp of File Number 2021-A-10 Proud Heritage,Exciting Future Development Services March 3, 2021 Report No. DS2021-027 Page 11 of 11 Page 85 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: Wednesday, February 17, 2021 12:50 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-A-10) Ruzycky Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 86 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: Wednesday, February 17, 2021 11:29 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-A-10) Ruzycky Teresa Operations has no objections to this application. The applicant will be required to obtain a Entrance permit for any work undertaken on the existing driveway. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 87 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:Thursday, February 18, 2021 5:07 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-A-10) Ruzycky Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 88 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... From: p.mcculloch@bluewin.ch <p.mcculloch@bluewin.ch> Sent: Friday, February 26, 2021 3:27 AM To: Planning<Planning@oro-medonte.ca> Subject: Minor variance application MAS 141 Eight Mile Point Road Sir, Madame, Please find attached - My considerations about the request for minor variances on MAS 141 Eight Mile Point Road. - A letter addressed to Mayor Hughes, Spetember 3, 2019. - Four photos. I am available for any questions you may have and can be reached at this e-mail address. Thank you for your attention. Sincerely Patricia McCulloch Page 89 of 267 6.c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... Patricia McCulloch Carouge, February, 25, 2021 26 rue de la Gabelle 1227 Carouge Switzerland p.mcculloch@bluewin.ch Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario, LOL 2EO To the attention of : Secretary Treasurer, Development Services RE : Minor Variance Application : MAS 141 Eight Mile Point Road Sir, Madam, Thank you for informing me of the Minor Variance Applications re MAS 141, property which is adjacent to mine, 139 Eight Mile Point Road. I have studied the plans carefully and to the best of my abilities as a non-professional. Before I state my position on the requested « minor variances », I would like to bring a bit of context to the discussion. Let us start from the lake. 1) Illegal extension of the shoreline As I wrote to Mayor H. Hughes, Scott Jermy, Randy Greenlaw and Taylor Stevenson (LSCA) on September 3, 2019, the shoreline of the above mentionned property was illegally extended several feet in to the water (and grossly disfigured) in 1993, then abandonned. The extension was slightly corrected after complaints from my father Dr John McCulloch and Mr Albert Brown, owners respectively of MAS 139 and 143. This eyesore has clearly impacted the shoreline of MAS139. (See attached letter and photos) 2) The boathouse Although I have never found any reference to the existing boathouse on MAS141, I think the we could consider that it was built, partially in any case, on the illegal extention of the shoreline. Was the boathouse legal? Is it legal now? (((No building shall be located closer than 20m from the average high water mark of Bass Lake».) 3) Minor variances: Setback from the water Concerning the minor variance application for « setback from average high water mark of Lake Simcoe», 20,0 m from the average high water mark of Bass Lake»: Page 90 of 267 6.c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... a) 13,5m to the base of the staircase from deck (225.90m) down, approximately 2m55, to the to boathouse roof(223.35m). The distance of 13,5m is calculated on the diagonal from the high water mark to the base of the staircase (red arrow). Why is that ? If that same arrow is set parallel to the boathouse, the distance from the high water mark and the staircase is significantly reduced (to approximately 11m+). Eleven meters is close to half the permitted distance, 20m. b) 17,0 m to the proposed deck attached to dwelling. Three meters reduces the distance from the lake by approximately a sixth. 4) The size and placement of the proposed house If the boathouse remains, if the staircase runs from the upper deck to the boathouse, there will be a continuous a structure »from the door of the garage to the edge of the lake, immediately next to MAS 139.The structure will cover approximately three quarters of the length of the lot. The largest part (garage, house, deck) is 3m from the eastern property line (MAS 139) as opposed to 4,50 from the western property line (MAS 143). What seems clear is that the minor variances requests re setback from the lake were made precisely to allow direct access from the upper deck of the house to the boathouse roof which apparently is also going to become a deck. 5) Minor variance: The height of the house Here we have a building(as on site plan), covering three quarters of the length of the lot, and that is going to legally tower over the adjacent cottage from a very short distance (3m from the property line) with, on top of that, a minor variance request to add .2 m (7 inches) to its total height. We might call this « adding insult to injury». Before concluding this letter, I would like to add two general observations. Firstly, as I mentionned in my letter to Mayor Hughes, I have been horrified over the years, particularly in the last ten-twelve years, to see gigantic houses constructed on small lots, shorelines altered, trees clear cut on Eight Mile Point. A quick drive around the Point will provide several examples. How is this possible ? Secondly, in my most recent dealings with a request for « minor variances » in Ontario, I discovered that the latest of numerous requests made, over the years, for the same home, brought it to three times its authorised volume. No comment is necessary. In conclusion : oppose the application for raising the maximum height by 0.,2m. In doing so, I oppose the rampant tendancy for « always bigger, always higher » and state that an 11m house is high enough, especially when it is immediately next to a traditional cottage. Please, let us stop pushing the limits. Page 91 of 267 6.c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... oppose both requests for reduced distance from the lake and request that « standards for permitted use » be rigourously respected. Enough damage has been done to the shoreline and to the neighbouring beach. The present position of this high house with its very long eastern-side structure (on the site plan) brings it overly close to the lake and creates a very large deck surface. The potential for noise (from the decks) is all the greater. Considering the entire structure, I conclude that it is too high, too long, too close and intrusive for MAS 139 as well as to the lake. I request a clarification about the legal status of the boathouse as well as its use as a deck. In summary I request that the entire site plan be revisited, the main structure moved back to respect setback rules, and to the middle of the lot so as to be less intrusive for MAS 139. 1 request that the maximum height of 11m be respected I request as well that, if the boathouse is legal and if it remains on the property, it be separated from the house deck. I thank you for your attention to my letter. I hope you will understand and respect my opposition to the three « minor variances ». Sincerely Patricia McCulloch Owner of MAS139 Page 92 of 267 6.c) 5:50 p.m. DS2O21-27, Danielle Waters, Planner re: Minor Variance Ap... Patricia McCulloch Carouge, Switzerland. September 3,2019 mailing address 26 rue de la Gabelle 1227 Carouge Switzerland p.mcculloch@bluewin.ch Tel.011.41.22.342.78.22 Mr Harry Hughes Mayor Oro-Medonte 148 Line 7 South Oro-Medonte Ontario LOL2EO Canada Re: MAS 141 Eight Mile Pont Rd L3VOK2 Oro-Medonte Dear Sir, I am writing you about the above mentioned property, recently sold,which is next to my cottage, MAS 139 Eight Mile Point Rd. I am writing in anticipation of potential requests, by the new owners,for minor variances. In 1993,the shoreline of MAS 141 was destroyed by the construction of a metal wall partially covered by boulders, extending illegally in to the water(please see attached documents, letters and photos) .When my father,the late Dr John McCulloch, owner of MAS 139 (then 62) and Mr Albert Brown (lot 64) complained to the township,the extension was slightly reduced but remained larger than what the original permit allowed. Since then,the property has been empty,with the exception of a boathouse,and the shoreline has remained the eyesore that it was in 1993. This extension in to the lake and a similar extension on MAS 135 has created a slight inlet formation for MAS 139 and 137 which captures the algae that the lake has been producing for the last few years.The natural movement of the waves brings the algae to the shore where it connot be evacuated.This is a very disagreable and unfortunate situation. I am writing today for the following reasons: Extension of the shoreline of MAS 141 -considering the illegal extension done in1993, -considering the destruction of the shoreline, -considering the resulting accumulation of algae on the two adjacent properties(139 and 137), 1 request that no further extension of the shoreline or construction of a permanent dock be allowed. Oversized homes Over the last number of years, I have been dismayed to watch the progressive destruction of a most treasured place : shorelines deformed, clearcutting of trees on relatively small lots to allow for the building of massive houses with a huge ecological footprint. Eight Mile Point,as you probably know, is now referred to by real estate agents as Lake Simcoe's Muscoka. Page 93 of 267 6.c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... I therefore request that the examination of any plan for minor variances on a future building on MAS 141 be done with the utmost care. I am a Canadian citizen, born and raised in Canada. I have spent all of my summers at Eight Mile Point (lots 137 and 139)since 1947. 1 took over the family cottage (MAS 139) in September 2018 after my parents,John and Elizabeth McCulloch passed away. As you can see by my postal address, I am presently a resident of Switzerland. I understand that neighbours of a new property owner are informed by postal mail about any requests for minor variances and have ten days to respond. It takes a week for a letter from Canada to arrive in Switzerland. I would like to be sure I follow the development on MAS141 very attentively. I would like to avoid repeating the 1993 illegal development. I would be most grateful to receive notice of any requests for minor variances on MAS 141 by e- mail(see above)? Thank you very much. I thank you for the time and attention you have given to my letter and to the enclosed documents. Sincerely Patricia McCulloch Included: -four photos of shoreline MAS 141 and MAS 139 Eight Mile Point Rd,August 2019 -exchange of letters and photos re illegal shoreline extension MAS 141 in 1993. Copies: Mr Scott Jermy,Oro-Medonte Municipal Office Mr Randy Greenlaw,Oro Medonte Municipal Office Mr Taylor Stevenson, Lake Simcoe Conservation Authority Page 94 of 267 6.c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... Documents, letters and photos 1993 Page 95 of 267 6.c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... jj _ �. , te� .S 3 Lj --Wm � � q �I ' f R II I �r sI d m ' Page 96 of 267 6.c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... Photos Shoreline MAS 141 and 139 August 2019 Page 97 of 267 6.c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor VarianceAp... z 4., tN MAS NI r _ r Fx_ IVI I i r1C gg Page 98 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... Lake Silmcoe Region conservation authority www.LSRCA.on.ca Sent by E-mail:akaraiskakis@oro-medonte.ca February 24, 2021 File No: 2021-A-10 IMS File No.: VA-185884-020421 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application 141 Eight Mile Point Road Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to construct a single family dwelling with relief for the maximum height and setback to the average high water mark of Lake Simcoe. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Applicant's Site Plan Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics Existing mapping indicates that the subject property is partially regulated due to the associated shoreline flood and erosion hazards. • The subject property is currently designated Shoreline in the Township of Oro-Medonte's Official Plan. • The subject property is currently zoned Shoreline Residential (SR)Zone. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 99 o-fF267.800.465.0437 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: MimelMor4ftwoAp... conservation authority Page 2 of 3 'Faehraa Lake Sirncoe Region 1__I�-�^I - .... LSRCA.Walerehed fl.w*dary 0 LSPP Watershed Brrx►wy R,eVuMk a Bwndary Regu>bw A(" Astaftu"afa P- .,� Lul and COMASm Rmd LaWs — Walercdase • ♦ ��F Roads 13 Lmw T1at tAletid d&Y fx �. 57YEJ4WT1l1ESP A4T FG Ar 2,24,2021 aR...r_,... t rrw a, crw��rtis..rs�tY ...reoersw.r.r��s=.aiar T YiLE P � w..�.sa nr..r.rert..rerarr. ■wera...rsr.dra�ar.Lafor a nn..ews rasoc scour n>trruo.. :S�orn,ar+.rwrew�.a n. ra..eeti M r.ra.rue.r err ywarare. aosawrstr see. •�.rp_�sar v.�rer++R•ur r aa+r�rrttir�rr—r L-. owrrwerea ara uwaax�w�a•or tr twe..ec _ '-1 E" !deters a4 0 21 !1 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) and the LSPP. The proposed new single family dwelling will include a staircase serving the existing boathouse.The proposed location of the dwelling is 17 metres from the average high water mark while the proposed staircase is 13.5 metres from the average high water mark.The LSPP permits structures within 30 metres of the Lake Simcoe shoreline providing it is an existing use. The residential use of the lot is existing and therefore permitted. LSRCA is satisfied from a watershed management perspective that the proposal is consistent with the PPS and in conformity with provincial natural heritage policies 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 Page 100 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: Mir*e or4ftapoAp... conservation authority Page 3 of 3 require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The location of the dwelling and decking is within the shoreline hazard lands and will therefore require a permit from LSRCA. The LSRCA Watershed Development Guidelines restrict structures being located within 15 metres of the shoreline. The proposed staircase is located closer than 15 metres to the shoreline. LSRCA is requesting that this proposal be revised to show that the staircase structure be located at least 15 metres from the shoreline. Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the shoreline policies of the LSPP. The proposal will require a permit from LSRCA. LSRCA is requesting deferral of the Application until such time that the proposal can demonstrate conformity with LSRCA's Watershed Development Guidelines which is required in order to obtain a permit. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated; 2. Ontario Regulation [179/06] applies to the subject site.The Applicant will be required to obtain a permit from LSRCA as site alteration/construction is proposed in the regulated area. Please inform us on the resulting decision for this Application. Sincerely, Shawn Filson Planner 1 Page 101 of 267 6.c) 5.50 p.m. DS20ZAaU,J�aodeliDeVVH* nPWt1e�fsrebMinia6gariance Ap... 6c) Additional correspondence received From:John Hunter<johnhunter49@gmail.com> Sent: Saturday, February 27, 2021 2:44 PM To: Planning<Planning@oro-medonte.ca> Subject: MAS 141 Eight Mile Point Road Dear Sir or Madam, Regarding Minor Variance Application 2021-A-10 We are writing to register our opposition to the height variance for the new proposed structure on MAS 141 Eight Mile Point Road. It seems to becoming the norm in permit applications, that limits on dimensions are more of a minimum rather than a maximum when approval is concerned. There is a trend towards leniency in so many cases, one wonders what is the point of the limits. As well, if one variance is allowed, it becomes the precedent for another which snowballs to the point of making the limits a joke. In this specific case, a 36 foot height limit is extreme enough without allowing anything further and is not in keeping with any properties in the surrounding area. We would ask that you enforce the height limit as is. As a general trend, we understand that limits are determined on several factors, one of which is area relative to the lot size. Now that there is a growing movement to preserve the environment, prevent erosion and protect native species, we would suggest a movement in the other direction and begin reducing this ratio. We see more and more trees being removed, more hardscape installed and greater greenspace taken away, and efforts should be made to reverse this trend as well. Thank you for your consideration. John Hunter MAS 137 Eight Mile Point Road Page 102 of 267 6.c) 5:50 p.m. DS2021-27, Dani aec�/V t 8 ,1 Pdevele ra-Mi i-or Va ancetAr) 6c Additional correspondence Patricia McCulloch Carouge, March 1, 2021 26 rue de la Gabelle 1227 Carouge Switzerland p.mcculloch@bluewin.ch Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario, LOL 2EO To the attention of : Secretary Treasurer, Development Services RE : Minor Variance Application : MAS 141 Eight Mile Point Road Sir, Madam, I would like to submit one last piece of information concerning the Minor Variance Application for MAS 141, property which is adjacent to mine, 139 Eight Mile Point Road. In 1993, as I have already indicated, the shoreline of MAS 141 was illegally modified and disfigured. Who was responsable for this destruction ?An unscrupulous owner, an unscrupulous contractor, both? We will never know. What we do know is that a gross lack of surveillance on the part of the Ministry of Natural Ressources allowed this to happen. Attached, in 9 pages, you will find and exchange of correspondence about this very unfortunate incident, including a diagram of what was legal, what was done and what was modified after complaint. Ancient history ? No. I'm sending you these documents to support my request that all height and setback rules for MAS 141 be rigorously respected and that, whatever your decision re this property, very close surveillance be applied to all stages of excavation and construction. I hope this last piece of information will demonstrate why I have so vigorously opposed all the requested « minor variances »for MAS 141. 1 do not want a repeat version of the shameful incident of 1993. 1 thank you again for your attention to my letter. I hope that the considerations that I have submitted to you will inform your decisions about the minor variances requested for MAS 141. Sincerely Patricia McCulloch Owner of MAS 139 since 2018, cottager since 1947. Page 103 of 267 6.c) 5.50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... From: p.mcculloch@bluewin.ch <p.mcculloch@bluewin.ch> Sent: Monday, March 1, 2021 5:09 PM To: Planning<Planning@oro-medonte.ca> Subject: MAS 141 correction Sir, Madam, In the letter I just sent you, I mentionned a 9 page document. In fact it is a 6 page document. Please excuse me for this error. Sincerely Patricia McCulloch Page 104 of 267 6.c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... N.aiural Richosves 0 y Resources natureilo8 Ontario Midhurst, Ontario LO L 1 XO (705) 725-7524 August 18, 1993 Mr. Albert Brown 55 Riderwood Drive Willowdale, Ontario M2L 2E7 Dear Mr. Brown: As follow up to our telephone conversation of today, I have enclosed copies of the work permit and amended work permit which pertain to Lot 62, Plan 780, Oro Township. I realize that you are concerned with our methods of issuing work permits, and I concur that this situation may have been averted if an on-site, pre-construction inspection had taken place. My apologies in that you and Dr. McCulloch were not contacted. While "hindsight" may not make things right, it is a valuable teaching method. Future applications for shoreland work by this contractor, and all others, will be subjected to very close examination. If you have any questions about the enclosed material, please contact me. Yours truly, David Haw- e Area Technician/Lands Officer Simcoe East Midhurst District Enclosure cc : Bev Jones Construction Dr. J. McCulloch of 267 6.c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... iu SOIS Resources naturelies P Y Ontario Midhurst, Ontario LOL 1XO 705 725-7524 August 4, 1993 Mrs. Bonnie Makins 78 Belleview Ave. Kitchener, Ontario N2B 1G5 Dear Mrs Makins: RE: Work Permit # 133-93-SE Breakwall Construction at Lot 62, Plan 780 Oro Township As a result of a complaint of the unauthorized construction of a steel breakwall on your property, an investigation was conducted by myself and Conservation Officer, R. Brooks. We found that the new breakwall was not in compliance with that for which the work permit was issued. The original application indicated that a straight wall, set back 4 feet from the water's edge, would be constructed. Schedule D, #4 states that changes to the plans must be applied for in writing and approved by this Ministry prior to their implementation. This did not occur. Currently, the new wall encroaches several feet into the lake bed along the easterly portion of its length. As a result of consultation with Bev Jones Construction, Mr. Scott Stevens, Mr. J. McCulloch, and several MNR Staff, the attached amended work permit has been agreed upon. Should any deviation occur from this amended permit, charges could be laid under the Public Lands Act and the Federal Fisheries Act, against both yourself and the contractor, Mr. Bev Jones. i /2 Page 106 of 267 6.c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... If a marine rail and/or dock is to be installed, MNR must be advised, and approval given, prior to any work being done in the water or on the lake bed. Should you have any questions or concerns as to this issue, please contact me. Yours truly David Hawke Simcoe East Area Technician Midhurst District DH/mg Enclosure C.c.: Bev Jones Construction Dr. J. McCulloch _ 7 - ------ --- Page 6.c) 5:50 p.m. DS2021-27, Danielle Waters, Planner re: Minor Variance Ap... SHORELINE RELATED ACTIVITIES SCHEDULE 'D' 1. THE PERMITTEE SHALL NOT ALLOW ANY DELETERIOUS MATERIAL (AS DEFINED WITHIN THE CANADA FISHERIES ACT) CAUSED BY HIS/HER ACTIVITIES, TO ENTER OR RE-ENTER THE WATERBODY. 2. THE PERMITTEE SHALL UNDERTAKE THE WORK IN ACCORDANCE WITH THE APPROVED AMENDED SKETCH. 3. THE ENCLOSED WORK PERMIT NOTICE MUST BE POSTED IN A VISIBLE LOCATION AT THE WORK SITE FOR THE DURATION OF THE PROJECT. 4. CHANGES TO THE PLANS MUST BE APPLIED FOR IN WRITING AND APPROVED BY THIS MINISTRY PRIOR TO THEIR IMPLEMENTATION. 5. IT IS THE PROPONENTS RESPONSIBILITY TO OBTAIN ALL OTHER PERMITS/AUTHORIZATION FROM THE APPROPRIATE GOVERNING AGENCIES. 6. A COPY OF THE WORK PERMIT, WITH CONDITIONS AND APPROVED SKETCH MUST BE AVAILABLE ON SITE AT ALL TIME AND MUST BE PRESENTED WHEN ASKED BY A i REPRESENTATIVE OF THE MINISTRY OF NATURAL RESOURCES. 7. NO EQUIPMENT SHALL BE OPERATED WITH WHEELS OR TRACKS IN THE WATER. 8. IF SILTATION RESULTS FROM THE PROJECTS ACTIVITIES, THE MINISTRY OF NATURAL RESOURCES MUST BE CONTACTED (CONTACT DAVID HAWKE AT (705) 725-7500 AND RESERVES THE RIGHT TO TERMINATE THE WORK AND/OR REQUEST ADDITIONAL SILTATION CONTROL(S) TO BE INSTALLED PRIOR TO ANY FURTHER WORK BEING DONE. I 9. ONLY CLEAN ROCK (WASHED IF NECESSARY) IS TO BE USED IN THIS PROJECT. 10. CLEAN ROCK MUST BE PLACED IN FRONT OF BREAKWALL AS SPECIFIED IN THE AMENDED SKETCH. NOTE: i -COMMENCEMENT OF THIS PROJECT WILL CONFIRM THAT YOU HAVE REVIEWED THIS WORK PERMIT, CONDITIONS AND APPROVED SKETCH OR AMMENDED SKETCH AND YOU UNDERSTAND AND AGREE TO ANY CHANGES THAT WERE MADE TO THE APPLICATION AND SKETCH. IF YOU HAVE ANY QUESTIONS PLEASE CONTACT THE MINISTRY OF NATURAL RESOURCES PRIOR TO THE START OF THE PROJECT. -FAILURE TO COMPLY WITH THIS WORK PERMIT, CONDITIONS AND APPROVED SKETCH IS CONSIDERED A VIOLATION UNDER THE PUBLIC LANDS ACT AND /OR THE FEDERAL FISHERIES ACT AND THEIR REGULATIONS. FAILURE TO COMPLY CAN RESULT IN CHARGES BEING LAID AND/OR A COURT ORDER OR MINISTERS WARRANT BEING ISSUED FOR THE REMOVAL OF THE IMPROVEMENTS AND RESTORATION OF THE SITE. 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File #: 4346-010-012-33900 94 Line 14 South D13-59098 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-029 be received and adopted. 2. That Minor Variance Application 2021-A-09 by Sherry and Rob Davidson, specifically for permission to construct a pool cabana with a maximum floor area of 111.5 square metres (1,200.2 square feet) and an in-ground pool in the Environmental Protection Zone, on lands municipally known as 94 Line 14 South, be deferred to allow the opportunity for the applicants to address the Lake Simcoe Region Conservation Authority (LSRCA) comments. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 3.0 hectares (7.4 acres) and contains a single detached dwelling and a detached accessory building. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. There is a watercourse that runs through the property to the west of the dwelling; and as a result, a portion of the property is zoned Environmental Protection (EP). The applicants are proposing to build a pool cabana and an in-ground pool behind the dwelling and are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 3.1, Table A5 — Permitted Uses (Environmental Protection (EP) Zone) Permitted: Proposed: Only existing uses permitted. To permit a pool cabana and in ground- No buildings or structures, except those pool in the EP Zone. required for flood or erosion control. Development Services March 3, 2021 Report No. DS2021-029 Page 1 of 15 Page 122 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re. Minor Var... Section 5.1.1 — Uses Permitted in Detached Accessory Buildings Permitted: Proposed: A detached accessory building or structure To permit an outdoor kitchen area in the is permitted to contain sanitary facilities, cabana including sink and/or toilet; however kitchen facilities including food preparation facilities or facilities for the installation of kitchen equipment are prohibited Section 5.1.6 — Maximum Floor Area for Detached Accessory Buildings Required: Proposed: 70.0 square metres (753.5 square feet) 111 .5 square metres (1 ,200.2 square feet) - indoor space (30.0 sq.m./322.9 sq.ft.) - outdoors ace 81 .5 s .m./877.2 s .ft. The applicants' site plan, floor plan and elevation drawings are included as Schedules 3 to 5 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage and Section 2.2 - Water are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. Planning Staff is of the opinion that the proposed development has the potential to be consistent with the Natural Heritage and Water policies of the PPS, as the proposed pool cabana and in-ground pool are not anticipated to have any negative impacts on the natural heritage features or functions. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed development is consistent with the Rural Areas policies in the Growth Plan as the applicants are proposing an addition to the existing residential use. Section 4.2.4 — Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies to this application as the proposed development is located adjacent to a watercourse. Specifically, Section 4.2.4.1 states: "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage Development Services March 3, 2021 Report No. DS2021-029 Page 2 of 15 Page 123 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re. Minor Var... System or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature." (p. 43-44). The proposed pool cabana and in-ground pool are considered an accessory use to the main use which is the existing dwelling, they would be located within the property's existing landscaped rear-yard amenity area, there is existing development (accessory buildings) that is already located closer to the watercourse than the proposed pool cabana and in-ground pool, and the proposed development would still maintain a 30.0 metre (98.4 feet) setback from the limits of the watercourse. Therefore, there may be no new or increased impact created by the proposed development on the natural heritage feature. However, Planning Staff recognize the expertise of LSRCA Staff on such matters and defer to the LSRCA's comments, which recommend deferral of the application pending a Natural Heritage Evaluation. 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. Planning Staff have reviewed the minor variance application in context to the LSPP and the following policies are applicable: "6.25-DP An application for development or site alteration within 120 metres of a key natural heritage feature of key hydrologic feature shall be accompanied by a natural heritage evaluation meeting the requirements of policy 6.26..." "6.26-DP A natural heritage evaluation referred to in policies 6.3 and 6.25 shall be carried out in accordance with guidelines developed by the MNR and shall: a. demonstrate that the development or site alteration applied for will have no adverse effects on the key natural heritage feature, key hydrologic feature, Lake Simcoe and its associated vegetation protection zone, or on the related ecological functions; b. identify planning, design and construction practices that will maintain and, where feasible, improve or restore the health, diversity and size of the key natural heritage feature or key hydrologic feature and its connectivity with other key natural heritage features or key hydrologic features as well as connectivity and linkages to natural heritage systems identified in Provincial Plans or by municipalities, the LSRCA or MNR; c. demonstrate how connectivity within and between key natural heritage features and key hydrologic features will be maintained and, where Development Services March 3, 2021 Report No. DS2021-029 Page 3 of 15 Page 124 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re. Minor Var... possible, improved or restored before, during and after construction to allow for the effective dispersal and movement of plants and animals; d. determine if the minimum vegetation protection zone is sufficient to protect the ecological functions of the feature and the area being evaluated, in particular where this feature or area is adjacent to a coldwater stream, headwaters, freshwater estuaries, steep slope or is acting as or has been identified as a wildlife corridor to ensure that the area will continue to effectively act and function as a wildlife corridor; e. determine if the minimum vegetation protection zone is sufficient to protect areas adjacent to existing features that would be appropriate for restoration or re-naturalization to enhance the ecological functioning of that feature, such as lands that provide for rounding out or filling of gaps in significant woodlands; and f. if the minimum vegetation protection zone is not sufficient to protect the function of the feature or protect opportunities for feature enhancement, specify the dimensions of the required vegetation protection zone." The proposed new pool cabana and in-ground pool is located within 120 metres of a provincially significant wetland (Bluffs Creek Wetland). Therefore, the above noted policies are applicable and, based on the comments of the LSRCA, more information is required to determine if these policies have been satisfied and if conformity with the Lake Simcoe Protection Plan has been achieved. Lake Simcoe Region Conservation Authority The LSRCA in their comments regarding this application have advised that: • the subject property is partially regulated due to a watercourse (Bluffs Creek and associated flood and erosion hazards as well as the minimum vegetation protection zone of the adjacent provincially significant wetland. • The LSRCA is not satisfied from a watershed management perspective that the application is consistent with Provincial natural heritage and hazard policies. • The application should be deferred to provide the applicants a chance to submit a scoped natural heritage evaluation to the satisfaction of the LSRCA to demonstrate no negative impacts of the proposed works to the ecological functions of the natural heritage features. • A permit will be required from the LSRCA. County Official Plan The property is designated Greenlands in Simcoe County's Official Plan. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." Section 3.8.16 speaks to legally existing uses which are recognized and permitted to continue in the Greenlands designation. The residential use of the property is an existing use and the proposed development is accessory to this permitted use. In Planning Staff's opinion, the application conforms to the County's Official Plan. Development Services March 3, 2021 Report No. DS2021-029 Page 4 of 15 Page 125 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re. Minor Var... 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 "Agricultural" in the Township's Official Plan (refer to Schedule 6). The intent of the Agricultural designation is to: • maintain and preserve the agricultural resource base of the Township; • protect land suitable for agricultural production from development and land uses unrelated to agriculture; • promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township; and, • preserve and promote the agricultural character of the Township and the maintenance of the open countryside. Permitted uses in the Agricultural designation include single detached dwellings and by extension accessory uses, including detached accessory buildings such as the proposed pool cabana. There is a watercourse that runs through the property to the west of the dwelling; therefore, Section B5.1.2 is also applicable to this application. The intent of the Official Plan is to protect all rivers and streams from incompatible development and to minimize the impacts of such development on their function. In this regard, no development is permitted below the top of bank of any river or stream or within 30.0 metres (98.4 feet) of the top of bank. Since the application is for an in-ground pool and pool cabana that will be setback approximately 32.0 metres (104.9 feet) and 49.0 metres (160.7 feet), respectively, to the closest point to the watercourse, there potential for new or increased impacts created as a result of the proposed development appear to minimal. Subject to the applicant addressing the natural heritage matters that have been identified by the LSRCA, Planning Staff would then be able to find the variances to conform to the general intent and purpose of the Official Plan, as the applicants are proposing to build a detached accessory building (pool cabana) and an in-ground pool which is a permitted accessory residential use in the Agricultural designation. Development Services March 3, 2021 Report No. DS2021-029 Page 5 of 15 Page 126 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re. Minor Var... Township's Zoning By-law The subject property is zoned "Agricultural/Rural (A/RU)" and "Environmental Protection (EP)" in the Township's Zoning By-law 97-95, as illustrated on Schedule 7 to this report. The EP Zone serves as a protective buffer around a watercourse that runs through the property. The Township's Zoning By-law limits the types of uses that are permitted in the Environmental Protection Zone in order to ensure that environmentally sensitive features are not negatively impacted by development and so that development does not put people and property at risk of natural hazards. As indicated in Table A5 of the Township's Zoning By-law, single detached dwellings and accessory uses are not a permitted use in the EP Zone. The existing single detached dwelling is non-conforming as it is located within the EP Zone. The applicants are proposing to build a 111 .5 square metres (1,200.2 square feet) pool cabana and an in-ground pool behind the dwelling. Therefore, the applicants are seeking relief from the Zoning By-law to permit the proposed development in the EP Zone. The general intent of the Zoning By-law in this regard is to ensure that an accessory building will be secondary and subordinate to the primary use of the property. If the variance is approved, the accessory building (pool cabana) would remain a one-storey structure that is in keeping with the character of the existing two-storey dwelling on the lands. Despite the increase in floor area to 111 .5 sq. m. (1,200.2 sq. ft.), the accessory building would still possess a lesser floor area than the existing 228.4 square metre (2,459.0 sq. ft.) dwelling. This, combined with the fact that the accessory building is setback behind the dwelling from the property's main frontage on Line 14 South, leaves Planning Staff satisfied that the dwelling will continue to appear and function as the main use of the property. The Township's Zoning By-law prohibits accessory buildings and structures to be used for human habitation. Furthermore, a detached accessory building or structure is permitted to contain sanitary facilities, including sink and/or toilet, outside an area susceptible to flooding, however, kitchen facilities including food preparation facilities or facilities for the installation of kitchen equipment are prohibited. The intent for not permitting kitchen facilities in detached accessory buildings is to ensure that these buildings are not utilized for human habitation. Planning Staff have concerns with the proposed kitchen facility/food preparation facility shown in the pool cabana and cannot support this variance request. For the reasons outlined above, the requested variances, save and except the request for kitchen facilities in the pool cabana, are considered to meet the purpose and intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? As stated above, Planning Staff does not expect the accessory building (pool cabana), which would be lower in height and size than the existing two-storey dwelling, to negatively affect the current residential appearance and use of the property. The proposed pool cabana and in-ground pool will not interfere with functional matters on Development Services March 3, 2021 Report No. DS2021-029 Page 6 of 15 Page 127 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re. Minor Var... the lot, such as parking, access, the septic system or rear yard amenity space. Upon site visit, Staff noted heavy vegetation along the interior lot lines and minimum houses in view of the proposed pool cabana and in-ground pool; therefore the proposed increased size of the pool house cabana will have no negative effects with the character of the area. Planning Staff is concerned with the proposed kitchen facility/food preparation facility shown on the applicant's drawings which has the potential to encourage human habitation in an accessory building/structure and would start a negative precedent in the Township by allowing this proposed use. Furthermore, the Township's Zoning By-law is clear that kitchen facilities including food preparation facilities or facilities for the installation of kitchen equipment is prohibited in detached accessory buildings/structures. Based on the above, Planning Staff are satisfied that the proposed development, save and except the request for kitchen facilities in the pool cabana, would be desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. Based on the analysis above, Planning Staff is of the opinion the requested variances specifically to permit an in-ground pool and pool cabana with an increased size in the EP Zone have the potential to be minor, subject to the applicant addressing the LSRCA's comments. However, the requested variance to permit a kitchen facility/food preparation facility in the pool cabana is not minor as it is not considered to meet the purpose and intent of the Zoning By-law and is not desirable for the development of the lot. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services March 3, 2021 Report No. DS2021-029 Page 7 of 15 Page 128 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re. Minor Var... Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects — No comments. • LSRCA — that the application be deferred (refer to LSRCA comments dated February 25, 2021) Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Floor Plan Schedule 5: Elevation drawings Schedule 6: Official Plan Land Use Schedule 7: Zoning By-law Conclusion: Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2021-A-09 be deferred to provide the applicants the opportunity to address Lake Simcoe Protection Plan policies related to natural heritage to the satisfaction of the Lake Simcoe Region Conservation Authority. Respectfully submitted: Andy Karaiskakis, Senior Planner Approvals: Date: Derek Witlib, Manager Planning Services February 25, 2021 Andria Leigh, Director Development Services February 26, 2021 Development Services March 3, 2021 Report No. DS2021-029 Page 8 of 15 Page 129 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re- Minor Var... III 5205 5243 �oo�sm�eaa. L 5266 ro°stio•°1kr«5.' 6 172 5219 �l ai��.ud. 37 18 2476 J 13 15116 SM.E. 2401 17 15 11 22 23 2401 54 74 51 V1 79 55 v N 5071 E J 172 129 232 Schedule 1 Location 10, -%Ce C— 2t� ®Subject Lands Proud Heritage,6aczding Future 0 200 m File Number:2021-A-09 � I I I I Development Services March 3, 2021 Report No. DS2021-029 Page 9 of 15 Page 130 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re- Minor Var... �Y y Rdi— 1 .Ma to eRd. H rseaM1 •Valk. ' T r I� �a G C #1 y y�ge ad r C J Schedule 2 Aerial Photo Township of Subject Lands Proud Heritage,Exciting Future 0 73 M File Number:2021-A-09 'V I i i Development Services March 3, 2021 Report No. DS2021-029 Page 10 of 15 Page 131 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re: Minor Var... dap aam EXISTING STORAGE BUILDING 149 N,9 ,2 Exploded View EraFk rd N,LL) "Og" ore L_Fo W SLPTIC TANK 422tm 32.16 7XISPING IMITT If.[NG 12E<•`�" 37A2m 228.42NI2 �P PROPOSLf➢$bVJMN1ING POOL 74.97M2(20'X4P) l�� •.r,'I 4R E PROI'OtiHD HARI riCAI'V. - �'- 1469M2 'F 7, PROPOSM CAB"1NA 111.,M42(10'X40') FENCE �54:4gm Schedule 3 Applicant's Site Plan �r Ii��L'i File Number 2021-A-09 Proud Heritage,Fxciting Future Development Services March 3, 2021 Report No. DS2021-029 Page 11 of 15 Page 132 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re- Minor Var... ]HANJGEr CHANGE CHANGE CHANGEROOM314 X 4'T5f-054 FTO TOILET — — — PUMP ROOM& °xET STORAGE OUTDOOR 14,Q FT I 15._8 x e-0.. SHOWER 141 Sq FT 4'E"x 10'-T 45 SC FT --lF--- 4s I L FIREPLA;-E OUTDOOR KITCHEN PATIO 42'-0"%19'-11" 7W 30=T - Schedule 4 Applicant's Floor Plan Tvu�ruhi!vf�� File Number 2021-A-09 Proud HMtage,Rxciting Future Development Services March 3, 2021 Report No. DS2021-029 Page 12 of 15 Page 133 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re- Minor Var... .7".. BbTTOM D�EA.YE3 iOf'OF SIf FLDOR / �� El EXTERIOR ELEVATION .A 3.0., SCALE:3116"=T-0" HIGH-�'T RIG'�E MI❑-PD I�OF RDDF TOP OF 3�EFiLOR f, ��_C IJ��L -E2 EXTERIOR ELEVATION `.A-3.0.: $CALE�311 fi"=1' 0" J E3 EXTERIOR ELEVATION '.A-3,1,i $CAI F'.9;16"=1, U. E4 EXTERIOR ELEVATION '.A 3.1.' SCALE.3,1'"=1'-0" Schedule 5 Applicant's Elevation Drawings Tila�msh.2poJ/ i File Number 2021-A-09 Proud Heritage,Exciting Future Development Services March 3, 2021 Report No. DS2021-029 Page 13 of 15 Page 134 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re: Minor Var... 7-Rdi— -Mao..to—d. _ f �ree M1PeYa�IkWIRd. r � E a II u N C 15/1"i6 5rd E. I_ 11 N ;v I= 'J Vr, I Schedule 6 Township Official Plan - Land Use ."subject Lands =Environmental Protection Two- Industrial Township o��^N�� Agricultural commercial Proud Herieage,Exciting Future Restricted Rural -Environmental Protection One 0 400 M File Number:2021-A-09 I I I I Development Services March 3, 2021 Report No. DS2021-029 Page 14 of 15 Page 135 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re: Minor Var... YasrlcIyI4tA.+_�� -I A/RU I F �,oa�ardae.Ra. GC GC � I MAR2 More h�a•Yalle�}ul. � I RUR2 oa•@ay�.aa.� UR2 Q1 71 E GC E. � 15/16 Srd, Eeia9e X AIRU AIRU I� ED MAR2 AIRU(H) EP AIRU AIRU r d, C J EP AIRU(H) RU AJRU AJRU Schedule 7 RUR2(Rural Residential Two) Existing Zoning 0 ED(Economic Development) lou�nsFup of 0 GC(General Commerclal) AIRU(Agricultural/Rural) Subject Lands' EP(Environmental Protection) Proud Heritage,Exciting Future 0 MAR2(Mineral Agregate Resource Two) 200 rn File Number:2021-A-09 Development Services March 3, 2021 Report No. DS2021-029 Page 15 of 15 Page 136 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re. Minor Var... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: Friday, February 19, 2021 9:46 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-A-09) Davidson Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 137 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re. Minor Var... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: Friday, February 19, 2021 9:03 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-A-09) Davidson Teresa Operations has no comments on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 138 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re: Minor Var... Lake Silmcoe Region conservation authority www.LSRCA.on.ca Sent by E-mail:akaraiskakis@oro-medonte.ca February 25, 2021 File No: 2021-A-09 IMS File No.: VA-185884-020421 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application 94 Line 14 South Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to construct a pool cabana and inground pool in the Environmental Protection Zone and an inground pool with outdoor kitchen. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Applicant's Site Plan 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 a watercourse (Bluffs Creek) and associated flood and erosion hazards as well as the minimum vegetation protection zone of the adjacent provincially significant wetland. • The subject property is currently designated Agricultural in the Township of Oro-Medonte's Official Plan. • The subject property is currently zoned Agricultural, Rural and Environmental Protection (A/RU, EP) Zone. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 139 o-fF267.800.465.0437 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Plan r erg wMar... conservation authority Page 2of3 Feauu*a Lake Simcoe Region �] LSRCA Walemhed Boundary 0 13 LSPP WM.1hed Boundary — RegL"bm Boundary ••F,IIN I,.IN R"uiatw Area - MINE 1 Axaeexmenl Parae Lot and Concewwo Road Labels *a INIE I - — Wsdertour�e Roads rMvr�90 4irw _ rlyw.ry w:r 4l uwE;, S r.�d ara a Railway Lower Ter MUNvciPo1My + L INE I ' ` ti HI A �' • W4rM1 e Kai b f ww� » ; i4/11Ni fr[M Nw+armDaR1 ra=aw aa .w.s r r..rmr..wwirw�hrriwr ar lwae r r�r 9M rs Cw�u4K++��u _ rr r..rra►s c, 3246 �aa6a(] oes a 82 1" 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) and the LSPP.The proposed new pool cabana and inground pool are not located within any flood and erosion hazard lands however the works are located within the minimum vegetation protection zone (VPZ) of the provincially significant wetland located south of the property. DP-6.25 of the LSPP states that ant works proposed within the VPZ of a significant natural heritage feature should be accompanied by a natural heritage evaluation unless for a purpose specified by DP-6.23.The residential use of a pool is not existing as the land is zoned environmental protection. The Application will therefore require a scoped natural heritage evaluation to demonstrate that the proposed works will have no negative impacts on the key natural heritage feature (PSW). 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 Page 140 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Plan r erg w4gar... conservation authority Page 3 of 3 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 location of the proposed works is within the VPZ of the adjacent PSW and will therefore require a permit from LSRCA. Summary In order to satisfy the LSPP, the Applicant will be required to submit a scoped natural heritage evaluation to the satisfaction of LSRCA. The scoped NHE will need to demonstrate no negative impacts of the proposed works to the ecological functions of the natural heritage features. LSRCA is requesting deferral of the application until such time that a scoped NHE is submitted. Please inform us on the resulting decision for this Application. Sincerely, e - Shawn Filson Planner 1 Page 141 of 267 6.d) 6.00 p.m. DS2021-29, Andyl <acha3S,��27�e eeiop�enPtiae vieesrp-Min�eeVar... 6d) Additional correspondence received From: Bobbi Leppington <designbybobbi@gmail.com> Sent: March 3, 2021 11:48 AM To: Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Cc: Sherry Davidson <sherry@robsmarine.ca> Subject: Minor Variance Application 2021-A-09-94 Line 14 South Hi Andy Please defer the MV until we obtain the report Thank you Respectfully Bobbi Leppington Design by Bobbi 705-321-8916 www.desi2nbybobbi.com Operated under 1981305 Ontario Inc. Page 142 of 267 6.d) 6:00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re: Minor Var... :u w U .> CU 'N_4L aui� 'S-4.4 aul� V O W I. �a y N o J {J N N �saa�IIewS O cu U ^ • ^ n Q W r Q Q O 4-0 N O � o 4-0 4-0 cu r a) •� (6 — U _0 (6 'i to Cu a) J Q L— U . . . . N O a 75 O > }' LLJ •— V -0 L N � O C� Page 143 of 267 6.d) 6:00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re: Minor Var... 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F ' • � � • � � �� ,. � v� _ ;�� " - 4:. • -' _'�a�. a��` .� ■ � �'° ��:�: ` • • �` ��T, �,�,,�, • 1 ,F�_ • hi � • � "� �-�_: a � �. � � z � � • � _ __ �. • ��-- � • - ,�-� � � � ' � • • �� '.�- • 6.d) 6:00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re: Minor Var... � o .> c6 QL O 0) Q _0 p .. (� ME a U c6 O .C) cu C _o QL _0 Q a) N * o U o cu QL cu a� O c Page 153 of 267 • " Sa A 1 •x. �a x • 1 �" • • P � � f 6.d) 6:00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re: Minor Var... AAA OU - � to a) cu �> 3: c6 E p o O F � Q _0 N - � Cu •— U r- cu CL CL �1 Q cu .f 0) cu _0 \cu (u O _� .C� O G � O Page 155 of 267 6.d) 6.00 p.m. DS2021-29, Andy Karaiskakis, Senior Planner re. Minor Var... 2 U 2) O 'U w O D_ U O L , 0 \ O LU cu O U U O M D — U N E O Q VJ 70 O L 3 O O >+ p � O o U 0- 70 N Q� U) C: ° o:Z;, N UO � E E o U �7U O 70Ocu � O .— � C/) E C/) � � ° E0 > Q N 0-' � G� N O (W L O () `� N 70 N N 0 -0 0 ,- o •U N ((u O 70 cu O (6 •Q c\J O Q U_ O Q O L E U Q O - z > E � ° G� N O L X .� — N E O E (6 . E L -0 O O � � N° Q C� ( Page 156 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2021-008 Committee Andy Karaiskakis, Senior Planner Meeting Date: Subject: Motion # March 3, 2021 Consent Applications 2020-B-25, 2020-B-26 and Roll #: 2020-B-27 by Binglin He and R.M.S. File #: 4346-020-003-14301 Yuqiong He D10-58690 4352 Line 11 North D10-58707 D10-58708 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-008 be received and adopted. 2. That the Development Services Committee deny Consent Applications 2020-13- 25, 2020-13-26 and 2020-13-27 to create two (2) new agricultural lots on the basis that they do not conform to the Provincial Policy Statement, the County of Simcoe's Official Plan and the Township of Oro-Medonte's Official Plan. 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands proposed to be severed and retained are located on the west side of Line 11 North, between Warminster Sideroad and Mount St. Louis Road East, and support an existing single detached dwelling, a coverall storage building and agricultural uses. The lands to be severed through Application 2020-13-25 are vacant and are proposed for continued agricultural use. Application 2020-13-27 is for an access easement to provide access to the severed lands proposed through 2020-13-25. The lands to be severed through Application 2020-13-26 are to contain the coverall storage building and are proposed for continued agricultural use. The retained lands are to contain the existing dwelling and are proposed for continued agricultural use. Surrounding land uses predominantly consist of agricultural lands (refer to Schedules 1 and 2). Development Services March 3, 2021 Report No. DS2021-008 Page 1 of 14 Page 157 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... Purpose of Applications 2020-13-25 and 2020-B-26: The applicants are requesting consent to sever two (2) new agricultural lots as noted below: Lands to be Severed Lands to be Severed Lands to be Retained (Part 1 on Applicant's (Part 2 on (Parts 3 & 4 on Sketch): Applicant's Sketch): Applicant's Sketch): Frontage: Width 307.3 m (1,008.3 227.6 m (746.7 ft.) 78.6 m (258.0 ft.) ft.) Depth: 300 m (984.2 ft.) Irregular 426.0 m Irregular 426.2 m (1,397.9 ft.) (1,398.2 ft.) Area: 9.2 ha (22.8 ac.) 8.2 ha (20.3 ac.) 4.8 ha (12.0 ac.) Use: Agricultural Agricultural Agricultural/Residential Purpose of Application 2020-B-27: The applicants are requesting consent for an access easement as noted below: Easement (Part 3 on Applicant's Sketch) over Retained Lands (Part 4) to Provide Access to Severed Lands (Part 1) Width: 6.8 m (22.3 ft.) Depth: 442.2 m 1 ,451.0 ft. Area: 2,653.1 sq.m. (28,559.5 sq.ft.) Use: Access/Driveway The applicants sketch is included on Schedule 3. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) 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. Section 1.1 of the PPS contains policies related to `Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns,' and states that "Healthy, livable and safe communities are sustained by ...promoting efficient development and land use patterns which sustain the financial well-being of the Province over the long term..." Further, Section 1.1.4.1 states that "Healthy, integrated and viable rural areas should be supported by (i) providing opportunities for economic activities in prime agricultural areas in accordance with policy 2.3." Development Services March 3, 2021 Report No. DS2021-008 Page 2 of 14 Page 158 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... In prime agricultural areas, the PPS discourages lot creation and states that new lots may only be permitted under strict criterion. Policy 2.3.4.1 a) states that lot creation for agricultural uses is permitted provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations. Based on the policies mentioned above, the Provincial Policy Statement could support the application provided it was for the creation of an agricultural use, with confirmation that the proposed lot size is common in Simcoe County for the proposed use and sufficiently large enough to be flexible for changes in agriculture. However, considering that most of the agricultural parcels in the area appear to be approximately 40 hectares (100 acres) in size, and with cash-cropping appearing to be the form of agriculture common in the area, Planning Staff has concerns regarding the ability of the proposed new lots and the retained lot to be viable and flexible for agricultural uses over the long term due to their small sizes (lot areas of 9.2 ha (22.8 ac.), 8.2 ha (20.3 ac.) and 4.8 ha (12.0 ac.)). The applicant has not provided any information (e.g. Planning Justification Report, Agricultural Viability Report, Farm/Business Plan) that would demonstrate that the applications would result in severed and retained parcels of adequate size and flexibility for long-term agricultural viability. Therefore, Planning Staff is of the opinion that the applications do not appear to be consistent with the PPS. A Place to Grow — Growth Plan for the Greater Golden Horseshoe These applications have been reviewed by Planning Staff with respect to the Growth Plan policies. Section 2.2.9.2 of these policies state that "[development] outside of settlement areas may be permitted in rural areas in accordance with Policy 2.2.2.1(i)", which states that "[population]...growth will be accommodated by...directing development to settlement areas, except where necessary for development related to ...rural land uses that cannot be located in settlement areas". Policy 2.2.9.2 also states that new lots will be directed to settlement areas and may be allowed in rural areas in site-specific locations with approved zoning or designation that permits this type of development in a municipal official plan as of the effective date of this Plan. The Township Official Plan and Zoning By-law contemplates specialized agricultural uses; therefore the proposed uses would satisfy this policy. As previously stated, the purpose of the subject Consent Applications are to sever two (2) new agricultural lots for agricultural purposes. In this regard, it is noted that agricultural parcels are not a form of development that should be directed to a settlement area. Therefore the applications would not conflict with the Growth Plan policies, since these policies do not directly address development in agricultural areas. County of Simcoe Official Plan County Planning staff have provided comments on the proposed applications and are provided below. Development Services March 3, 2021 Report No. DS2021-008 Page 3 of 14 Page 159 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... The subject lands are designated Agricultural per Schedule 5.1 — Land Use Designations to the Simcoe County Official Plan (SCOP). The subject lands are located within the prime agricultural area of the province's agricultural system for the Greater Golden Horseshoe. The intention of prime agricultural areas is to protect land for long-term agricultural use. Section 2.3.4.1 of the Provincial Policy Statement (PPS 2020) states that lot creation in prime agricultural areas is discouraged and may only be permitted for agricultural uses, agricultural-related uses, a residence surplus to a farming operation as a result of farm consolidation, and infrastructure. New lots for agricultural uses are permitted provided that the lots are of a size appropriate for the type of agricultural uses common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations. In the Simcoe County Official Plan (SCOP), the policies for new lot creation in the Agricultural designation are consistent with the PPS and further state that new lots for agricultural uses should not be less than 40 hectares or the original survey size. The proposal does not meet this requirement. It is County staff's opinion that the further severance and fragmentation of an agricultural parcel that is 22 hectares in size is not consistent with the PPS, and does not conform to the SCOP policies relating to prime agricultural areas. Based on the above noted policies, the County cannot support the proposal to create two new agricultural lots, and a retained lot that are well below 40 hectares in size. County staff trust these comments will assist in ensuring Committee's decision is consistent with provincial policy and conforms to the SCOP. Township of Oro-Medonte Official Plan The subject lands are designated `Agricultural' in accordance with "Schedule A — Land Use" of the Township's Official Plan (refer to Schedule 4). Section C1.3.1 of the Official Plan outlines the policies to create new lots for agricultural purposes. C1 .3.1 The Creation Of New Lots For Agricultural Purposes It is the intent of this Plan that land which is suitable for agricultural use be protected from development and land uses that are unrelated to agriculture. It is also the intent of this Plan to encourage the expansion, consolidation and development of new agricultural uses since the agricultural sector greatly contributes to the economy of the municipality. Council supports the development of new specialized agricultural uses in the Township as these uses have the potential to increase the amount of agricultural activity in the Development Services March 3, 2021 Report No. DS2021-008 Page 4 of 14 Page 160 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... municipality. For the purposes of this Plan and the implementing Zoning By-law, a specialized agricultural use is defined below: "Means lands where a specialty crop such as tender fruits (peaches, cherries, plums), grapes, other fruit crops, ginseng, vegetable crops, greenhouse crops and crops from agriculturally developed organic soil lands are predominantly grown, usually resulting from: • soils that have suitability to produce specialty crops or lands that are subject to special climatic conditions, or a combination of both and/or; • a combination of farmers skilled in the production of specialty crops, and of capital investment in related facilities to produce, store or process specialty crops. A specialized agricultural use may also consist of a market garden where the products grown on the site and are sold. For the purposes of this definition, a specialized agricultural use does not include a fur farm." Section C1.3.1 of the Official Plan sets out policies and criteria for the creation of lots for specialized agricultural uses. These policies/criteria are listed below, along with Planning Staff's comments: It is recognized that specialized agricultural uses generally do not require more than 10.0 hectares of land to be economically viable. Given the supply of 10.0 hectare lots in the municipality on the date this Plan was adopted by Council, it is the general intent of this Plan to direct new specialized agricultural uses to these lots. However, the Township will consider an application to create a new lot for a specialized agricultural use. In considering the creation of such lot, the Committee of Adjustment shall be satisfied that: a) the creation of the new lot can be justified. In order to assist the Committee of Adjustment in this regard, the applicant shall submit a farm/business plan that: • describes how the soil conditions, climate and location are appropriate for the proposed specialized farm use; • describes the proposed specialized agricultural use in detail; • described the capital investment that is to be made; • identifies the market area for the product; and, • forecasts the income that would be generated by the proposed use. Planning Staff comment: The applicant has not submitted a business plan to help Committee identify how the new lots can be justified for a specialized agriculture use. b) the applicant has experience and/or training with the type of specialized agricultural use being proposed. Planning Staff comment: The applicant has not provided information on the relevant experience or the type of specialized agricultural use being proposed. Development Services March 3, 2021 Report No. DS2021-008 Page 5 of 14 Page 161 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... c) the new lots can be used for other agricultural uses that are common to the area if the lot ceases to be used for specialized agricultural purposes. In order to assist the Committee in this regard, the applicant shall provide a report to the Committee prepared by a qualified agrologist that: • describes the nature of farming operations in the area; and, • describes what type of agricultural uses are feasible on the lot if the use of the lot for a specialized agricultural use ceases. Planning Staff comment: The Planning Division are not in receipt of a report providing the information outlined above and Staff are not satisfied that this test has been met. d) the remnant parcel will continue to be viable for agricultural use after the severance has been granted. To assist the Committee of Adjustment in determining the viability of the remnant parcel, an agricultural viability report shall be prepared by qualified agrologist. This report shall review: • the quality of soils; • the nature of the existing farming operation, if one exists; and, • the potential uses of the remnant parcel. Planning Staff comment: Planning Staff are not in receipt of a report providing the information outlined above and Staff are not satisfied that this test has been met. e) the area of the lot to be created for specialized agricultural purposes does not exceed approximately 25 per cent of the area of the lot from which the severance is proposed. Planning Staff comment: The subject lands presently occupy an area of approximately 22.2 hectares (54.8 acres) and 25 per cent of that area is 5.55 hectares (13.7 acres). The proposed lots to be created for agricultural-related uses are 9.2 hectares (22.8 acres) and 8.2 hectares (20.3 acres) representing 78.3% of the original lot. Therefore, the proposal does not conform to this policy. f) the lot from which the severance is proposed has an area of at least 20.0 hectares. Planning Staff comment: As previously mentioned, the subject lands presently occupy an area of approximately 22.2 hectares (54.8 acres) and therefore conforms to this policy. g) the new lot has an area of not less than 4.0 hectares. Planning Staff comment: The proposed new lots intended for the agricultural use have an area of 9.2 hectares and 8.2 hectares and therefore conforms to this policy. Planning Staff comment: Although all the tests have not been met, the Section goes on to state "if the Committee of Adjustment is satisfied that the above criteria have been met, the Committee shall include a condition of consent that states that the new lot be Development Services March 3, 2021 Report No. DS2021-008 Page 6 of 14 Page 162 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... placed in a site-specific zone in the implementing Zoning By-law that prohibits the development of residential use. The re-zoning of the property to permit a residential use is strongly discouraged by this Plan since the development of a residence would have an impact on either the rural character of the area and/or the viability of agricultural operations in the area." This is noteworthy, as the applicant has clearly identified that the new lots are intended for agricultural uses, which would conform to this policy. Section D2.2.1 of the Township's Official Plan contains additional tests for the creation of a new lot by way of Consent. However, Planning Staff have not evaluated conformity with these policies since the proposed new agricultural lots are not in conformity with all of the policies contained in Sections C1 . Planning Staff are of the opinion that even if additional information is provided, the applications to propose new agricultural lots still would not conform to the Township's Official Plan, Simcoe County's Official Plan or the Provincial Policy Statement. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are zoned `Agricultural/Rural (A/RU)' in the Township's Zoning By-law 97-95, as amended (refer to Schedule 5). Table 134-A of the Township's Zoning By-law requires a minimum lot area of 4.0 hectares for a specialized agricultural use. In addition, Section 5.10 of the Zoning By-law requires lots to abut or front on a street which is assumed by a public authority. One of the severed parcels, shown as Part 1 on the applicant's sketch, would not abut or front on a public street, but rather would have access to these lands through an easement (Part 3 on the applicant's sketch) over the retained lands (Part 4). Relief would be required from this section of the Zoning By-law and should be included as a condition of provisional consent approval should the Committee consider these applications to be appropriate. Planning Act, R.S.O. 1990, c.P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that is in effect on the date of the decision. Planning Staff has reviewed these applications against the PPS and the Growth Plan. 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 Applications meet the requirements of the Planning Act and that no plan of subdivision is required. In the absence of technical information (Planning Justification Report, Agricultural Viability Report, Farm/Business Plan), it is Planning Staff's opinion that these applications are not consistent with the PPS and are not in compliance with Section 3(5) of the Planning Act. Development Services March 3, 2021 Report No. DS2021-008 Page 7 of 14 Page 163 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2019 • County of Simcoe Official Plan • Oro-Medonte Official Plan • Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: The Township's following Strategic Goal is relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. It is Planning Staff's opinion that, for the reasons outlined in this report, these applications are not consistent with the Strategic Plan. Consultations: Notice of these applications were circulated to the public and to various 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: • County of Simcoe—Cannot support the proposal; it is not consistent with Provincial Policy Statement and does not conform to County Official Plan. • Development Engineering — no objection or further comment. • Building — septic installed in 2006. Location in relation to proposed lot lines cannot be confirmed. Applicant to confirm location of existing sewage system and all components complete with setbacks to proposed lot lines. Applicant to identify "tank" located on border or easement between house and barn. • Operation & Community Services — the applicant will be required to obtain and entrance permit for any new entrance. There are limited locations for an entrance that would meet the requirements. • Bell Canada — no concerns. Development Services March 3, 2021 Report No. DS2021-008 Page 8 of 14 Page 164 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule I Severance Sketch Schedule 4: Township Official Plan Schedule 5: Township Zoning By-law Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Applications 2020-B-25, 2020-B-26 and 2020-B-27 be denied as the applications do not conform to the Provincial Policy Statement, the County of Simcoe's Official Plan and the Township of Oro-Medonte's Official Plan. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager, Planning Services February 25, 2021 Andria Leigh, Director, Development Services February 25, 2021 Development Services March 3, 2021 Report No. DS2021-008 Page 9 of 14 Page 165 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re- ConsentAp... 7v Y�'� 1146 1160 d 4743 SLo =Rd:E. 4704 ,mlona„■e.Rd. 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From: Moyle,Jacqueline<jacqueline.moyle@bell.ca> Sent: Monday,January 18, 2021 2:43 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: 705-21-067 RE: Notice of Public Hearing (2020-B-25, 2020-B-26 & 2020-B-27) He Hi Teresa, Re: 2020-B-25, 2020-B-26 & 2020-B-27 Details: • Applications for Consent • 4352 Line 11 North • Township of Oro-Medonte • Bell File 705-21-067 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. Jacqueline Moyle External Liaison Bell Canada Right of Way I 140 Bayfield St. FL 2 Barrie, ON, L4M 3131 P: 705-722-2636 F: 705-726-4600 iacgueline.moyle(o-)bell.ca Page 171 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent: Monday,January 18, 2021 2:56 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Subject: RE: Notice of Public Hearing (2020-13-25, 2020-13-26 & 2020-13-27) He Building Division comments are as follows; 1. Septic installed in 2006. Location in relation to proposed lot lines cannot be confirmed. Applicant to confirm location of existing sewage system and all components complete with setbacks to proposed lot lines. 2. Applicant to identify "tank" located on border or easement between house and barn. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 172 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent: Wednesday, February 17, 2021 8:56 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 3rd, 2021 (2020-13-25, 2020-13-26 & 2020-13-27) He Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 173 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: Monday,January 18, 2021 9:16 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing (2020-13-25, 2020-13-26 & 2020-13-27) He Teresa Development Engineering has No Objection or Further Comment regarding the above noted Applications. Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 174 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: Wednesday, February 17, 2021 12:26 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 3rd, 2021 (2020-13-25, 2020-13-26 & 2020-13-27) He Teresa Development Engineering has No Objection to the above noted Applications. Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 175 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... From: bpgoss4@gmail.com <bpgoss4@gmail.com> Sent: Friday, January 22, 2021 7.45 PM To: Planning <Planning@oro-medonte.ca> Subject: Consent Application 2020-B-25, 26 & 27 Good evening Andy, Today I received notice of the upcoming public hearing regarding the above Application. Could you confirm that the property shown on the Location Map is actually not the subject lands of this application; but rather the subject lands are to the south of the shaded property? Has there been a recent change in the Oro-Medonte planning process regarding the severance of agricultural lands? We've been told for years that no severance would be allowed on properties being less than 100ac in size (outside of designated settlement areas) in keeping with the Official Plan and maintaining the rural character of the Township. Has this now been lifted or changed in some way? Looking forward to seeing the staff report. Thanks for your assistance, Blair E. Goss, P.Eng. Page 176 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:Tuesday,January 26, 2021 10:55 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing (2020-13-25, 2020-13-26 & 2020-13-27) He Teresa Operations has no comments on this application. The applicant will be required to obtain and entrance permit for any new entrance. There are limited locations for an entrance that would meet the requirements. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 177 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: Wednesday, February 17, 2021 11:25 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 3rd, 2021 (2020-13-25, 2020-13-26 & 2020-13-27) He Teresa Operations has no objection to this severance. The applicant will be required to obtain and entrance permit for new lot. They should also be made aware that given the topography, the choices for the driveway locations is very limited. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 178 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re. ConsentAp... From:AUBREY<aubreyford@live.ca> Sent: Sunday, February 7, 2021 2:48 PM To: Planning<Planning@oro-medonte.ca> Subject: Consent Application 2020-B-25;26;27, HE Dear Sirs Further to the above noted matter attached please find my submission opposing the said application . I understand that there have been delays in the application due to plan deficiencies,however, could you please advise of the new date for hearing and how we might participate . Also please confirm receipt of the foregoing. Thanks for your assistance. Aubrey Ford 4353 Line 11N. Page 179 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... SUBMISSION re. Applications:2020-B-25;26;27 Provincial Policy Statement: Pursuant to S 2.3.1 Prime agricultural areas are to "be protected for long-term use for agriculture." There is nothing on the face of the consent application that satisfies or addresses the above policy. In fact the proposal to sever into 3 parts a 55 acre parcel of prime agricultural land appears to fly in the face of the policy. Pursuant to S2.3.4.1 lot creation in Prime Agricultural areas is to be discouraged and "may only be permitted for- a) Agricultural uses, provided the lots are of a size appropriate for the type of uses common in the area and sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations." The uses in the area are primarily cash cropping, cow calf and equestrian with some market gardening all on parcels of at least 50 acres. The proposal will be inconsistent with the surrounding area and will destroy any flexibility with respect to uses common in the area contrary to the P.P. S. Page 180 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... Official Plan: Pursuant to S c1 C1.1 The first and fundamental objective is "To maintain and preserve the agricultural resource base of the Township" and "to preserve and promote the agricultural character of the Township." I fail to see how granting this Consent application meets any of these objectives. C1.3.1 does contemplate the development of new specialized agricultural uses which may not need parcels of more than 10 Ha. but proposals relating to specialized uses are to be "directed" to the existing supply of smaller parcels NOT the creation of smaller parcels. Also a Proponent must "justify" the creation of a new lot. This application does not maintain or preserve the agricultural character of the Township and NO justification has been submitted. Based on the material provided it has been difficult to cogently assess the application, however, the proposal does not appear to satisfy the policies of the P.P.S. or the Township's Official Plan and accordingly should be denied. It is difficult to oppose a neighbour's proposal, however, this seems to be justified only on the basis of spreading the capital cost of a rural parcel over several purchasers which is not an appropriate planning purpose and will certainly set a precedent for future severances. Page 181 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... Also the proposal contemplates the creation of a new lot with no road frontage on a municipal road with access only by way of an easement over an existing driveway. I would submit that this creates a dangerous precedent and should be denied. Page 182 of 267 tea � ��,��P� 2 6.e � -� C b21� g ____ Is�Ca Is, enlcr� Planner re: Consent Ap... RE: Response to Consent Application 4352 Line 11 N---Binglin He, Yuqiong He From: John Dirneder February 24, 2021 4400 Line 11N RR3, Coldwater, ON, L0K1E0 To: Township of Ora-Medonte 147 Line 7 South Oro-Medonte, ON, LQL2E0 Attn. Secretary Treasurer, Devlopment Services Dear Mr. Karaiskakis, Below are the concerns listed by the neigbour ( 4400 Line 11N)John Dirneder on the north side of the property in regards to the proposed agricultural land severance. A: Envionmental issue with propsed intense vegatable farming and consequent soil and fertilizer run offs during heavy rainfall. IX X XI X11 XIII XIV U0 ST. .r Artesian wells and consequential potential heavy farming run offs are feeding into Environmental protected water collection area—see arrow in green originating from property 4352 Line 11N feeding into EP wetlands. E FES ; 2321 ORC00EDO PTE Tu Page 183 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... RE: Response to Consent Application 4352 Line 11 N---Binglin He, Yugiong He B: Contamination of our potable residential water intake in shallow well and also contamination of environmentally sensitive micro wetlands fed by runoffs and springs in detail below due to watershed adjacent to proposed intense vegetable framing I part 2 Ara part 3 and 4 Legend to above: Red line: property outline of 4352 Line 11N Light blue lines: two creeks—being fed by all year open water (artesian wells) on property 4352 Line 11N Orange star: potable water well on property 4400 Line 11N Yellow arrows: water run off direction to lower elevations and creek intakes Blue arrow: direction of creek flow White elliptical outlines: sensitive wetlands with springs Page 184 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... RE: Response to Consent Application 4352 Line 11 N---Binglin He, Yuqiong He NOTE: The adjacent properties are predominantly grasslands in our area due to the high elevations and poor soil conditions. Almost 85% of these fields are being utilized for hay crops, which makes them an ideal environment for the deer population. Furthermore, the bee and butterfly populations are also still flourishing in these natural (low fertilized -low pesticides) fields, along with a flourishing rodent population allowing endangered bird species to flourish. C: Concerns about migrant workers in highly labour-intensive agricultural vegetable farming. Typically, these farms bring in migrant workers for seasonal help. Lodging is done in trailers and cabins on fields which we are objecting to, especially in these times when COVID 19 is running through our population. D: Water shortages due to intensive water demand of already stressed aquafers in this area. E: Severance of the parcel into three individual parcels does not make economical sense due to the sizes and viable farming seems to be unrealistic. Suspicion without preiudice should be raised whether this endeavour is only being used to create a store front for complying with family farm immigration policies and to use these parcels as rotating tools to comply with such immigration laws. Please feel free to contact us at 705-835-6761or at 705-727-2264 or at idirneder@gmail.com Respectfully, John Dirneder m ai U0 Page 185 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... }� 'N dL awl ?c (10 �c o x 3 N W N WOM-1 O N O N Y IGO N N Oq N0yauq N N v O N m U) O c: N O O N C6 •V _0 c)- C6 CL o cu Q z ry .c: (6 U U O LO C) ca cn - . . Q a (a 4-0 O — }' ++ .� (D 0 N O C� Page 186 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... N j }' C� O N IGOM06 . . 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C O N N O m N � to O O O +� N C6 c)- C6 CL Q (D U) c O • • U ° 0 a L Q Page 189 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... o �N-3V-0P 1 N m I O N O LO a m C O N N � O m N I U) O c: N O O N C6 •U � c)- C6 CL CL- U [Q 47 [g [a � C U C O C33 C (D V) O •— 0u U o N ca J ■— raj W Page 190 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... 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N m O \� _ p _0 m a) O aD N N � N m l. # T to N O O o C6 � c)- C6 - o0 CL — ay � l^ t l �- U Page 197 of 267 6.e) 6.10 p.m. DS2021-8, Andy Karaiskakis, Senior Planner re: ConsentAp... O >+ U 7 O U) O N NEB 7 m > U O 0 m o0- 0 (V N00 � O o0 N N 0 � O a) ., N 0 O _ L� ^ c O E N (D 000 0 M� W U -6 -r— cn CD N Q o N p � a) C) m 70 0 � N 2 � cn a) U) O � Un c� Q m C O O O 7 0_ aa) N aa) 0u- a) � .V C � EOM U E — O O CL C6 a) v a) a) >+ � � 0 >> O U L ' }� 0 Oi a) (U � a) (n O O +' N >+ U) O o Q0O +� O Ov 0- � 0 z > ) U E O cn 70 M O o GNU) Q � C� a) ni co Page 198 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2021-024 Committee Catherine McLean, Intermediate Planner Meeting Date: Subject: Motion # March 3, 2021 Consent Applications 2021-B- 09, 2021-B-10 and 2021-B-11 Roll #s: by Blue Sky Elevations Inc. R.M.S. File #: 4346-030-010-28704 1163 Line 15 North, 1167 Line D10-59100 4346-030-010-28705 15 North and 1173 Line 15 D10-59101 4346-030-010-28706 North D10-59102 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-024 be received and adopted. 2. That Consent Application 2021-B-09 by Blue Sky Elevations Inc., to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), a lot depth of approximately 17.08 metres (56.04 feet) and an area of approximately 0.04 hectares (0.11 acres) to be added to the property located at 1151 Line 15 North, subject to the conditions as outlined in Report DS2021-024. 3. The conditions for Consent Application 2021-B-09 are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or vacant retained parcel. b) That the severed with an area of approximately 0.04 hectares (0.11 acres) be merged in title with the abutting property to the south, described as Concession 2 Part Lot 4, Reference Plan 51 R41924 Part 7 (South Orillia), and that the provisions of Sections 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, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary- Development Services March 3, 2021 Report No. DS2021-024 Page 1 of 15 Page 199 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. c) That the applicant apply for a Site Plan Amendment to Application 2016- SPA-02 with respect to the retained parcel. d) That all municipal taxes be paid to the Township of Oro-Medonte. e) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. g) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. h) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Consent Application 2021-B-10 by Blue Sky Elevations Inc., to permit a boundary adjustment having a lot frontage of approximately 0 metres (0 feet), a lot depth of approximately 34.0 metres (111.5 feet) and an area of approximately 0.08 hectares (0.21 acres) to be added to the property located at 1151 Line 15 North, subject to the conditions as outlined in Report DS2021-024. 5. The conditions for Consent Application 2021-B-10 are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or vacant retained parcel. b) That the applicant obtain approval of Consent Application 2021-B-09 for a boundary adjustment; c) That the severed lands with an area of approximately 0.08 hectares (0.21 acres) be merged in title with 1151 Line 15 North, described as Concession 2 Part Lot 4 (South Orillia), and that the provisions of Sections 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, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating Development Services March 3, 2021 Report No. DS2021-024 Page 2 of 15 Page 200 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. d) That the applicant apply for a Site Plan Amendment to Application 2016- SPA-02 with respect to the retained parcel. e) That all municipal taxes be paid to the Township of Oro-Medonte. f) 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. g) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. h) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. i) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 6. That Consent Application 2021-B-11 by Blue Sky Elevations Inc., to permit a boundary adjustment having a lot frontage of approximately 0 metres (0 feet), a lot depth of approximately 57.0 metres (187.0 feet) and an area of approximately 0.15 hectares (0.38 acres) to be added to the property located at 1151 Line 15 North, subject to the conditions as outlined in Report DS2021-024. 7. The conditions for Consent Application 2021-B-11 are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or vacant retained parcel; b) That the applicant obtain approval of Consent Application 2021-B-09 and 2021-B-10 for boundary adjustments; c) That the severed lands with an area of approximately 0.15 hectares (0.38 acres) be merged in title with 1151 Line 15 North, described as Concession 2 Part Lot 4 (South Orillia), and that the provisions of Sections 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, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating Development Services March 3, 2021 Report No. DS2021-024 Page 3 of 15 Page 201 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. d) That the applicant apply for a Site Plan Amendment to Application 2016- SPA-02 with respect to the retained parcel. e) That all municipal taxes be paid to the Township of Oro-Medonte. f) 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. g) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. h) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. i) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 8. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands proposed to be severed, retained and merged are located on the east side of Line 15 North, between Highway 12 and Bass Lake Sideroad East. The lands to be severed through Applications 2021-B-09, 2021-B-10 and 2021-B-11 are currently vacant and are proposed to be merged with the abutting property to the south, 1151 Line 15 North, which currently contains a single detached dwelling. The retained lands at 1163 Line 15 North contain a single detached dwelling currently under construction. The retained lands at 1167 Line 15 North and 1173 Line 15 North are currently vacant, yet are proposed to be used for future residential use. Surrounding land uses predominantly consist of shoreline residential uses and Bass Lake Provincial Park to the South West of the subject lands (Refer to Schedules 1 and 2). The subject lands were previously the subject of Zoning By-law Amendment Application 2010-ZBA-04, Consent Applications 2015-B-05 through 2015-B-05 (lapsed), Consent Applications 2018-B-16 through 2018-B-18 and Site Plan Approval Application 2016- SPA-02, which enabled the creation of the existing lots and regulates their development through Site Plan Control. Development Services March 3, 2021 Report No. DS2021-024 Page 4 of 15 Page 202 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... Purpose of Application 2021-13-09: The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed Lands to be retained Total Merged lands from 1163 Line 15 (1163 Line 15 North) (1151 Line 15 North) North Frontage: 0 m (0 ft.) Approximately 25.0 m Approximately 44.95 m (82.0 ft.) (147.5 ft.) Depth: Approximately 19.0 m Approximately 163.88 Approximately 179.88 m (62.3 ft.)* m (537.7 ft.) (590.16 ft.) Area: Approximately 0.05 ha Approximately 0.4 ha Approximately 1.23 ha 0.12 ac.)* 1.0 ac. 3.05 ac. Use: Vacant Residential (under Residential construction *These are the dimensions that were originally proposed as part of the boundary adjustment application. The applicant has since revised the dimensions to address the comments that were received from the Township's Development Engineered Division and Building Division regarding the setbacks to the septic system. The revised depth of the lands to be severed is approximately 17.08 metres (56.04 feet) and the revised area of the lands to be severed is approximately 0.04 hectares (0.11 acres). Purpose of Application 2021-13-10: The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed Lands to be retained Total Merged lands from 1167 Line 15 (1167 Line 15 North) (1151 Line 15 North) North Frontage: 0 m (0 ft.) Approximately 25.0 m Approximately 44.95 m (82.0 ft.) (147.5 ft.) Depth: Approximately 34.0 m Approximately 148.88 Approximately 179.88 m (111 .5 ft.) m (488.5 ft.) (590.16 ft.) Area: Approximately 0.08 ha Approximately 0.37 ha Approximately 1.23 ha (0.21 ac.) (0.9 ac.) (3.05 ac.) Use: Vacant Future Residential Residential Purpose of Application 2021-13-11: The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed Lands to be retained Total Merged lands from 1173 Line 15 (1173 Line 15 North) (1151 Line 15 North) North Frontage: 0 m (0 ft.) Approximately 27.0 m Approximately 44.95 m (88.6 ft.) (147.5 ft.) Depth: Approximately 57.0 m Approximately 125.88 Approximately 179.88 m (187.0 ft.) m (412.9 ft.) (590.16 ft.) Area: Approximately 0.15 ha Approximately 0.33 ha Approximately 1 .23 ha (0.38 ac.) (0.84 ac.) (3.05 ac.) Use: Vacant Future Residential Residential Development Services March 3, 2021 Report No. DS2021-024 Page 5 of 15 Page 203 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... No new lots are proposed as a result of the three boundary adjustments/lot additions. The applicant's revised severance sketch is included as Schedule 3 to this report. 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 (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. Section 1 .1 .5 (Rural Lands in Municipalities) is applicable to these applications and promotes development, including residential lot development, which is compatible with the rural landscape and can be sustained by rural service levels. The type and density of development on these lands has already been established as acceptable through the past planning approvals, and it is Planning Staff's opinion that the proposed boundary adjustments are generally consistent with those past approvals. Based on the above, Planning Staff is of the opinion that these boundary adjustment applications are consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to these applications. This section has been reviewed and Planning Staff is of the opinion that the proposed boundary adjustments are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area and the proposed boundary adjustments do not represent "development" as defined by the Growth Plan. Section 4.2.2 Natural Heritage System has also been reviewed by Planning Staff with respect to the proposed boundary adjustment applications. As part of the original severance applications that were submitted in 2015, the applicant had submitted technical studies (Environmental Impact Study, Soil Report and Natural Hazards Study/Mapping) in support of the consent applications. The Nottawasaga Valley Conservation Authority approved the EIS and Natural Hazards Study in 2014. The EIS concluded that there are no provincially designated natural features or rare species and the features and functions identified within the property are expected to be maintained provided that the applicable recommendations provided in the EIS were implemented. In December 2014, the subject lands were rezoned from the Agricultural/Rural Exception 90 (A/RU*90) Zone to the Shoreline Residential Exception 255 (SR*255) Zone at the rear of the lots and Environmental Protection (EP) Zone at the front of the lots. The EP Zone encompasses a small unevaluated wetland on the lands as determined in the Natural Hazards Study. Development Services March 3, 2021 Report No. DS2021-024 Page 6 of 15 Page 204 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... The Natural Heritage System policies of the Growth Plan regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). Since the proposed boundary adjustments do not represent `development' as defined by the Growth Plan, these policies do not affect these applications. Since the proposed boundary adjustments are at the rear of the lots, away from the EP Zone, Planning Staff do not believe that an addendum to the original EIS and Natural Hazards Study are required. Nevertheless, the applicant will be required to amend the Site Plan Approvals that were originally required when the lots were created, to reflect the reduced lot sizes. The subject lands are regulated by the Nottawasaga Valley Conservation Authority (NVCA). The NVCA 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 NVCA comments that may be received. Based on the above, Planning Staff are satisfied that the proposed boundary adjustments are considered to conform to the policies of the Growth Plan. County of Simcoe Official Plan The subject lands are designated `Rural' with a small portion of `Greenlands' on the portion of the lands to be severed at 1163 Line 15 North and it extends into the benefitting lands, in accordance with the County of Simcoe Official Plan (refer to Schedule 5). Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.18). `Legal or Technical Reasons' is defined as: "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" (p. 129). Planning Staff are satisfied that these boundary adjustments are minor in nature as they will not impact the character of the shoreline residential area and the retained lands will be large enough to accommodate the current and proposed residential uses. 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 designated `Shoreline' in "Schedule A — Land Use" of the Township's Official Plan. The objectives of the Shoreline designation are: Development Services March 3, 2021 Report No. DS2021-024 Page 7 of 15 Page 205 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... • To maintain the existing character of this predominantly residential area; • To protect the natural features of the shoreline area and the immediate shoreline; and, • To ensure that existing development is appropriately serviced with water and sewer services. The Shoreline section is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of 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." (p. 235). Based on the revised site plan, Planning Staff are satisfied that the proposed boundary adjustments will not affect the viability of the current and proposed shoreline residential uses. As such, the proposed boundary adjustments are generally in keeping with the intent of the shoreline policies stated in the Official Plan, and otherwise conform to the boundary adjustment policies contained in Section D.2.2.2. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Shoreline Residential Exception 255 (SR*255) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended, and the benefitting lands are currently zoned Shoreline Residential Exception 255 (SR*255), Environmental Protection (EP) and there are two small sections of A/RU*90 (refer to Schedule 4). Exception 255 states: "Notwithstanding Table B1 —Standards for Permitted Uses in the R1 , R2, RUR1 , RUR2, SR, and RLS Zones, the minimum lot frontage required is 25 metres (82 feet) for the lands denoted by the symbol *255 on the schedules to this By-law. In addition, notwithstanding the provisions of Section 5.28 — Lands Adjacent to Environmental Protection Zone, no building or structure shall be located within 0 metres (16.4 feet) of the boundaries of the Environmental Protection (EP) Zone" (pages 7-76' and `7-77'). The lot frontages of the three properties comply with the minimum lot frontage of 25 metres as set out in exception 255 and they will not change as a result of the boundary adjustment. Table B1 of the Township's Zoning By-law requires a minimum of lot size of 0.2 hectares (0.49 acres) for residential uses in the Shoreline Residential Zone. The lot configurations that would result from these boundary adjustments, would all comply with the lot frontage and lot area provisions of the Zoning By-law. Development Services March 3, 2021 Report No. DS2021-024 Page 8 of 15 Page 206 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... 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 Applications meet the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff is of the opinion that the proposed development is consistent with the Strategic Plan, as it will not negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments. • Township Development Engineering — No objection. The detail provided is (now) acceptable as it appears there is room to accommodate the Building Envelopes on Development Services March 3, 2021 Report No. DS2021-024 Page 9 of 15 Page 207 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... the three (3) northerly lots. Determination as to the placement and type of Septic Systems, the placement and size of Proposed Structures and Servicing / Grading Designs for the three (3) northerly Lots will be evaluated at the time of Septic and Building Permit Applications (or Revisions) - complete with ELG submissions. The Proponent should be made aware that the Development Engineering review is for the Proposed Severances only and not a Design Review of detailed technical elements to obtain ELG Approvals required for Building Permits • Township Building Division — For the purposes of the proposed boundary adjustments, the Applicant appears to have provided satisfactory information to ensure that the subject lots would remain adequate size for development. The Applicant should be aware that although building and sewage system locations have been identified on the subject site plan; approval of proposed sewage systems and structures will be subject to Ontario Building Code review at the time of the application which may affect sizing and location. Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: Zoning By-law Schedule 5: County Official Plan — Land Use Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Applications 2021-B-09, 2021-B-10 and 2021-B-11 for the purposed of boundary adjustments be approved subject to the conditions outlined in the recommendations, and on the basis that the applications are consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, 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: Catherine McLean, Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services February 25, 2021 Andria Leigh, Director Development Services February 25, 2021 Development Services March 3, 2021 Report No. DS2021-024 Page 10 of 15 Page 208 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re. Con... Schedule 1: Location Map --y R 71243 1239 17 8542 1237 �— 1233 fi 8 1231 �sMo, a�leY'a� Barr Ave.(PVT) ��ia��• rcd. 1223 1 3 6 7 1221 14 V L 1215 20 28 34 �Ridgs R°a°-�� Ganton-Rd:(pVT-) 8482 1 1207 13 a �29 1201 1199 3 Bass 1197 7 Lake 1193 1189 9 118 1184 1187 1182 10 8 1176 1179 12 1176 1174 172 lies Z Sunset Gres. 1164 1160 1156 11 J 9 7 1152 1150 1148 1147 12e 1133 108 1068 92 82 1083 64 74 057 Schedule 1 Location 'Inu�[uhip of� ®Subject Lands Proud Heritage,Extirin•g Fu[+ere �///� 0 150 M File Numbers'2021-B-09,10,1 1 41 1 1 1 1 Development Services March 3, 2021 Report No. DS2021-024 Page 11 of 15 Page 209 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... Schedule 2: Aerial Photo iseepi q•Ye IeY Rd. � _ 7 I� r Z T d J i Schedule 2 Aerial Photo Tnwreship of~_+ E3Subject Lands 0Proud Heritage,Exciting Future File Numbers.2021-B-09,10,1 1 H I I I 1 Development Services March 3, 2021 Report No. DS2021-024 Page 12 of 15 Page 210 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... Schedule 3: Proposed Boundary Adjustment (Revised Site Plan) __-------- mod-�"'I_ _ _' � -i• >r ds/ ` III1 v� P4� T --L — / V��- £e69�aale wpC'° � 1 \ '�✓/ I` 4, �wtE.� -- p d I �� e �� I 1 I 'j• o T a' I C _ d T, ,� 1 I !,I� T// ✓� t- �� `i�� NOTSSaONO _,z '4`�_l H,IUON 5I 3NI'I SV N,NONH 3 (INV I SNOISS3ON00 NaaXJ,3H NONVJWMV OVOH 'IVNIMiO Schedule 3 Proposed Boundary Adjustment --�� 0 File Number 2021-B-09-11 Proud Heritage,Exciting Future Development Services March 3, 2021 Report No. DS2021-024 Page 13 of 15 Page 211 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re. Con... Schedule 4: Zoning By-law 7"'Y R 7 RLS 2 .Mao e�ne•Rd. $R*2 x � iseegi e•a ley lRd- i-1 T RLS*2 Y �«id9 NMad V AfRU RUR1*3 E 5R*2 Z SR*255 LLB T d C J RUR3*3 AfRU*90 OS AIRU*90 AJRU"90 Schedule 4 0 RUR1 (Rural Residential One) Existing Zoning 0 SIR(Shoreline Residential) 0 RLS(Residential Limited Service) Ion` 0 AfRU(Agri 1 SUb�,et Lands Proud Heritage,Exciriug Futsre EP(Environmental Protection) 0 OS(Open Space) 0 100 m File Number,2021-B-09-11 N I 1 I 1 Development Services March 3, 2021 Report No. DS2021-024 Page 14 of 15 Page 212 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re- Con... Schedule 5: County Official Plan — Land Use -Mani eFone Rd. _ DevitVSt'(P-VT} is�earM-i�q•Ye�leY Nd, Iq I - Ganton a in T m Y U 10 z sunset Cres Ln r m' c J I a c L_ tp 2 a .o a O Schedule 5 County of Simcoe — Land Use C Subject Lands Agricultural 'Township f of Greenlands +0tto�� Rural Proud Herirgle,Exeiring Fu[+ere ®Secondary Plan © zoo m File Number 2021-B-09-11 N I I I 1 Development Services March 3, 2021 Report No. DS2021-024 Page 15 of 15 Page 213 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re. Con... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:Thursday, February 18, 2021 5:04 PM To: Saunders, David <dsaunders@oro-medonte.ca>; Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew<aquattrociocchi@oro-medonte.ca>; Moore, Sherri <smoore@oro- medonte.ca>; McLean, Catherine<cmclean@oro-medonte.ca>; Karaiskakis, Andy<aKaraiskakis@oro- medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-B-09, 2021-B-10 &2021-B-11) Blue Sky Elevations Building division shares the same concerns with the layout of the lots in relation to the sewage systems and proposed lot fabric. Can this clarity please be provided by the owner/applicant? Garry McCartney Chief Building Official Township of Oro-Medonte Page 214 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re. Con... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:Tuesday, February 23, 2021 3:45 PM To: McLean, Catherine<cmclean@oro-medonte.ca>; Saunders, David <dsaunders@oro-medonte.ca>; Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew<aquattrociocchi@oro-medonte.ca>; Moore, Sherri <smoore@oro- medonte.ca>; Karaiskakis,Andy<aKaraiskakis@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-B-09, 2021-B-10 &2021-B-11) Blue Sky Elevations Good afternoon Catherine, For the purposes of the proposed boundary adjustments, the Applicant appears to have provided satisfactory information to ensure that the subject lots would remain adequate size for development. The Applicant should be aware that although building and sewage system locations have been identified on the subject site plan; approval of proposed sewage systems and structures will be subject to Ontario Building Code review at the time of the application which may affect sizing and location. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 215 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: Friday, February 19, 2021 10:44 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-B-09, 2021-B-10 & 2021-B-11) Blue Sky Elevations Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 216 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re. Con... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:Tuesday, February 23, 2021 9:54 AM To: McLean, Catherine<cmclean@oro-medonte.ca>; McCartney, Garry<gmccartney@oro- medonte.ca>; Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew<aquattrociocchi@oro-medonte.ca>; Moore, Sherri <smoore@oro- medonte.ca>; Karaiskakis,Andy<aKaraiskakis@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, March 03, 2021 (2021-B-09, 2021-B-10 &2021-B-11) Blue Sky Elevations Development Engineering has No Objection to the three (3) Applications noted above. Please Note the following Comments: • The detail provided is (now) acceptable as it appears there is room to accommodate the Building Envelopes on the three (3) northerly lots; • Determination as to the placement and type of Septic Systems, the placement and size of Proposed Structures and Servicing / Grading Designs for the three (3) northerly Lots will be evaluated at the time of Septic and Building Permit Applications (or Revisions) - complete with ELG submissions; • The Proponent should be made aware that the Development Engineering review is for the Proposed Severances only and not a Design Review of detailed technical elements to obtain ELG Approvals required for Building Permits. Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 217 of 267 6J) 6.20 p.m. DS2021-24, Calbetrme,N262eaiDeWeprea�t3SI--RaR&igElTcr inGttee. O P�yp,SAcq 4q`t 6f Additional correspondence received A. x Nottawasaga Valley Conservation Authority o TION A" 2 March 2021 SENT VIA EMAIL Andy Karaiskakis, Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Re: Committee of Adjustment Application Files # 2021-B-09, 2021-B-10 & 2021-B-11 1163 Line 15 North Township of Oro-Medonte, County of Simcoe NVCA File 38511 Dear Mr. Karaiskakis, NVCA staff have reviewed the above-noted Application for Minor Variance to facilitate a boundary adjustment which would sever and merge lots, reducing the length of 1167 Line 15 North and 1173 Line 15 North, benefitting 1163 Line 15N as outlined in the municipal circulation. Staff have received and reviewed the following documents submitted with this application: • Applicant's Site Plan (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 properties are regulated due to a spill area associated with Bass Lake. Delegated Responsibility and Statutory Comments: 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). Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1T0 A member of Conservation Ontario T: 705-424-1479 F: 705-424-2115 admin@nvca.on.ca 9 nvca.on.ca Page 218 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... 1. The consent applications (2015-13-03, 2015-13-045, 2015-13-05) which created the subject properties was reviewed and confirmed to be in conformity with provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS), which lapsed. NVCA staff confirmed the same in the previous consent applications (2018-13-16, 2018-13-17, 2018-13-18). 2. The past severances were approved by the NVCA based on a Natural Hazards Study completed by Gerrits Engineering in 2014. It has been noted the Minimum opening elevation of the proposed houses will be 254.53m, which is adequate based on the revised flood elevation of 253.51m as per the Natural Hazards Review completed by Gerrits Engineering. The Natural Hazards Review also confirmed the grading will not impacts neighbouring properties as a result of the development of this lot. All dwellings were proposed outside the flood hazard which was restrictively zoned. 3. The provided drawing indicates that the proposed boundary adjustments will be outside the hazard area as delineated in previous studies. Section 3.1 of the PPS directs all new residential uses outside of hazard lands and therefore this proposal is consistent with the hazard policies of the PPS. 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. 4. 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. NVCA also regulates the alteration to or interference in any way with a watercourse or wetland. 5. The site is partially within the Regulation Limit and the proposed works appear to be not be within the regulated area. The proposed works will not therefore require a permit from the NVCA. Advisory Comments - Natural Heritage NVCA has reviewed the applications in accordance with the NVCA memorandum of understanding with the Township of Springwater to provide plan review on matters of natural heritage. Comments are presented in an advisory capacity as expert peer review. 6. NVCA staff note no records of natural heritage features mapped within the subject sites. 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; Page 219 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... • Ontario Regulation 172/06 applies to the subject site. As the boundary adjustment proposes no new structures or site alteration, a permit from the NVCA is not required. On this basis, NVCA advises of no objection to the approval of the above-noted applications for consent to adjust the boundaries of the existing parcels. Thank you for circulating this application and please forward a copy of any decisions. Sincerely, Emma Perry Planner III Page 220 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... ail r y � Haw�.orn PI. 1■ 4 o :1w x EA O �1 -f. � y 6 rclineY s,ceaoew o " Sul _S_6 l N � O O N .. Cu O� > O N m W 4-0 N � O (n N N � m O C6 ca m L- � � � LLJ � O O CL z z z O (6 E p Q N LO `n `n � LOO (1) 4-0 }+ O a) LO U }, O a) O � N O � V to W N .� •C •C O p p — O �-_� MtiM — `-' U) � N O C6 C4 � � . . 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L o "' � Q a G� 0 04-0 J O Q U) (L U o Q D a O O Page 224 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re- Con... z O ' U m � N O O lAdl`'i3 deHoeW N Cu O > ONrSL au-1 MI j W _ N O (n (N N U) � m O C6 U � m C)- I Q � N }' O � N N to O Cu 0 U 0 a L Q Page 225 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re: Con... rr1 w Ce Tin o x 3 °+ O L� I N iF � 1 t N � i Cu i O� > w � O 'N 94 aui� MI _ W W N a N W O (n (N N U) � m O C6 U � •— I m Q I Q -0 � U O N 4 � 4- � o - � U U .� L)0 Cu N o a a a d sa cc ua w W Page 226 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re- Con7- ... y Id uaoy ci I y - 8i 'k � w N �y x 3 �+ EA O U m � N ' O ' N r? a Ws 12AaeW cu i O� � a o CDA` ro c N 54 aui� M� VJ m C7 W W N CD N � � O m U � — CLm — C)- .� }, N N O N a� CO to o C � fa� CO Cn o a J r CO O U J Page 227 of 267 6J) 6.20 p.m. DS2021-24, Catherine McLean, Intermediate Planner re- Con... �I O U m � I _ VAO Sl c9S lA esov -cu cisas wa �'°3 -41 p \J. / , M W F g O C/) 4 ------- "cu VJ 1 D (Q I Q I N • • N N O U �a CL CL a Page 228 of 267 • . 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Iawnship of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-023 Development Services Catherine McLean, Committee Intermediate Planner Meeting Date: Subject: Motion # March 3, 2021 Zoning By-law Amendment Application 2019-ZBA-11 Roll #: by John, Linda and George Hill R.M.S. File #: 4346-020-001-19500 517 50/51 Sideroad D14-56507 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2021-023 regarding a Zoning By-law Amendment applying to lands municipally known as 517 50/51 Sideroad, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2019-ZBA-11 by John, Linda and George Hill, specifically to rezone the subject lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 328 (A/RU*328) Zone to permit an accessory apartment dwelling unit in a detached accessory building, on the lands municipally known as 517 50/51 Sideroad, be approved. 3. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: Property Description The subject lands have a lot area of 8.09 hectares (20.0 acres), according to Municipal Property Assessment Corporation (MPAC) records, and contain a single detached dwelling, a detached accessory building with an accessory apartment, an accessory structure and a shipping container. The owners were issued an Order to Comply for the construction of the accessory building and associated septic system without a permit. Development Services March 3, 2021 Report No. DS2021-023 Page 1 of 20 Page 240 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... The majority of the property is heavily treed and the there is a grass field to the south of the dwelling and detached accessory building. Surrounding land uses predominantly consist of woodlands, a hobby farm to the south and mineral aggregate extraction to the east (refer to Schedules 1 and 2). Development Proposal The purpose of the Zoning By-law Amendment application is to rezone the subject lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 328 (A/RU*328) Zone to legalize the construction of an existing 177.95 square metre (1,915.5 square feet) detached accessory building occupied entirely by a dwelling unit. Exception 328 would also: • Limit the number of accessory apartment dwelling units to one; • Restrict the size of the detached accessory dwelling unit to 177.95 square metres (1,915.5 square feet); • Legalize the size of the accessory building by permitting a maximum floor area of 177.95 square metres (1,915.5 square feet) and a maximum height of 8.0 metres (26.2 feet); and, • Establish a minimum lot size of 8.09 hectares (20.0 acres). Materials/supporting documents that have been submitted with the applications consist of: • Planning Justification Report, Jones Consulting Group Ltd., June 2020; • Addendum to the Planning Justification Report, Jones Consulting Group Ltd., October 2020; • Floor Plans, G. Hill, November 19, 2020; and, • Draft amendment to the Zoning By-law. On October 7, 2020 the Development Services Committee held a Public Meeting with respect to the proposed amendment to the Zoning By-law. Analysis: Planning Act, R.S.O. 1990. c. P.13 In 2011 the Strong Communities Through Affordable Housing Act amended portions of the Planning Act to facilitate the creation of second units by requiring municipalities to establish official plan policies and zoning by-law provisions allowing second units in detached, semi-detached and row houses, as well as in accessory structures. These changes (Sections 16 and 35.1) to the Planning Act came into effect on January 1, 2012. The Township of Oro-Medonte, through its current Official Plan and Zoning By-law reviews will be updating its planning documents in order to bring them into conformity with the current Planning Act requirements regarding second units. The Township's Zoning By-law currently permits a second dwelling unit within single detached and semi- detached dwellings in some zones, however second units are not currently permitted in Development Services March 3, 2021 Report No. DS2021-023 Page 2 of 20 Page 241 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... detached accessory buildings. These current zoning provisions and the applicant's proposal are reviewed in greater detail later in this report. 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 — Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns, Section 1.1 .4 — Rural Areas, Section 1 .4 — Housing, Section 2.3 —Agricultural and Section 2.1 — Natural Heritage are applicable to this application. Section 1.1 contains policies for managing and directing land use to achieve efficient and resilient development and land use patterns, specifically Section 1.1 .1 states: "Healthy, liveable and safe communities are sustained by... accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;" (p. 7). Section 1 .4 — Housing, further elaborates on this need to provide a range and mix of housing options. In accordance with the policies of Section 2.3 of the PPS, the applicant's property is located within a Prime Agricultural Area and, in Planning Staff's opinion, Section 1.1.1 of the PPS does not preclude the establishment of second units in Prime Agricultural Areas as part of the development of healthy, livable, and safe communities Township wide. The property is not currently being used for agricultural purposes and the accessory building will not have any adverse impact any agricultural operations. In accordance with Section 2.3.3.3, the new residential use complies with the minimum distance separation (MDS) formulae. Planning Staff obtained information on the livestock located on the property to the south of the subject lands and confirmed that the location of the detached accessory building complies with the required MDS setback. In accordance with Schedule B — Natural Features of the Township's Official Plan the property contains a significant woodland; therefore, Section 2.1 — Natural Heritage of the PPS is applicable to this application. As per Section 2.1.5, "Development and site alteration shall not be permitted in: ... b) significant woodlands... unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions" (p. 24). Although the majority of the property has been identified as containing a significant woodland, there is a portion of the property to the south of the single detached dwelling and accessory building that is an open grass field. The accessory building is located at the edge of the woodland. The Growth Plan policies, which will be explained in more detail in the following section, build upon the policy foundation provided by the PPS and provides further direction with Development Services March 3, 2021 Report No. DS2021-023 Page 3 of 20 Page 242 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... regard to the protection of key natural heritage features. As stated in the Growth Plan, "Where the policies of this Plan address the same, similar, related, or overlapping matters as policies in the PPS, applying the more specific policies of this Plan satisfies the requirements of the more general policies in the PPS" (Growth Plan, 2019, p. 7). As such in reviewing the more detailed policies in Section 4.2.3.1 as discussion below, Planning Staff are satisfied that the proposed development is consistent with the Natural Heritage policies of the PPS. The applicants built the accessory building on the edge of the woodland, which limited the number of trees that were removed and it is located in proximity to the existing single detached dwelling. Based on the above, this application is considered to be consistent with the Provincial Policy Statement. 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 policies of the Growth Plan provide direction on where and how development, population growth and employment should occur. The Growth Plan directs most development to Settlement Areas, but the Plan operates within the framework of the PPS and, in Planning Staff's opinion, the Growth Plan does not preclude the establishment of second units in Prime Agricultural Areas. Section 2.2.6 — Housing supports a diverse range and mix of housing options and densities, including additional residential units. According to Schedule B of the Township's Official Plan, nearly the entire property has been identified as a significant woodland; therefore, Section 4.2.3 — Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features is applicable. Specifically Section 4.2.3.1 states: "Outside of settlement areas, development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for: ... e) expansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan, subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure" (p.42- 43). In Planning Staff's opinion, the proposed development meets the general intent of these policies for the following reasons: 1) nearly the entire property is considered significant woodlands and the applicants built the accessory building on the edge of the woodland; therefore limiting the number of trees removed; and, 2) the applicants are have built the accessory building within proximity to the existing single detached dwelling. Based on the above, Planning Staff are satisfied that the application conforms to the Growth Plan. Development Services March 3, 2021 Report No. DS2021-023 Page 4 of 20 Page 243 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... County of Simcoe Official Plan The subject lands are designated 'Greenlands' and 'Rural' in the County of Simcoe Official Plan, see Schedule 6 to this report. Section 3.3.1 of the County of Simcoe Official Plan states: "In the Rural, Agricultural, and Greenlands designations, only one detached dwelling may be located on a lot as permitted in this Plan and subject to appropriate local municipal official plan, zoning and municipal by-laws. In areas outside of the Oak Ridges Moraine Conservation Plan area, local municipal official plans may make provision for second units such as semi-detached dwelling units, accessory apartments, structures providing accommodation for temporary or seasonal farm help, garden suites, or other temporary accommodations, with the provision of adequate water and sewage treatment facilities. Second detached accessory dwellings may be permitted in accordance with local municipal official plan policies and shall be located in the building cluster" (p. 17-18). While the County Official Plan requires local Official Plan to incorporate secondary unit policies, the Township's Official Plan currently only contains policies that directly support secondary suites in Mount St. Louis/Moonstone, Horseshoe Valley and Craighurst. Notwithstanding this relative lack of direct reference to accessory apartments in other areas of the Township such as rural areas, the Township has been permitting accessory apartments since 1997 through the provisions contained in the Zoning By-law which is deemed to conform to the Official Plan. Future policies in the Township's Official Plan providing clear guidance regarding accessory apartments are anticipated when the Plan is updated and brought into conformity with the County Official Plan. But in the mean- time it is Planning Staffs opinion that the obvious policy support that is found in the County Official Plan for second units provides adequate policy basis in favour of the applicant's proposal, without needing to amend the County Official Plan or the Township's Official Plan because of this particular application. 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. Therefore it is Planning Staff's opinion that this proposed site-specific amendment to the Zoning By-law to permit the applicant's proposed detached accessory dwelling unit still maintains the general intent and conforms to both the Township's Official Plan and the County's Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated Rural and Environmental Protection Two in accordance with Schedule "A — Land Use" of the Township's Official Plan (see Schedule 4). The objectives of the Rural designation are to: • To preserve and promote the rural character of the Township and the maintenance of the open country side; and, Development Services March 3, 2021 Report No. DS2021-023 Page 5 of 20 Page 244 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. The Rural designation permits single detached dwellings. The Environmental Protection Two overlay designation follows the boundary of the Significant Woodland (see Schedule 5 to this report). In accordance with Section B3.3 - Permitted Uses, the uses permitted in these areas shall be those permitted by the underlying designation provided that the use conforms to the policies of Section B3. In accordance with Section B3.4 of the Township's Official Plan: "New development on lands within the Environmental Protection Two overlay designation is generally discouraged by this Plan. The development of any use in the Environmental Protection Two overlay designation that requires either an amendment to the Zoning By-law or to this Plan shall also be subject to the preparation of an Environmental Impact Study (EIS) and a Management Plan (MPy. As indicated in the Planning Justification Report (PJR), the detached accessory building was already constructed; therefore, this proposed Zoning By-law Amendment would not result in the removal of any additional trees or further impact on the significant woodland. In terms of the Township's current regulatory context for second units, Section 5.4 of the Zoning By-law implements the Official Plan by permitting accessory apartment dwelling units on properties in the Agricultural/Rural (A/RU) Zone, but requires these units to be located in the principal dwelling. Therefore a total of two dwelling units (main dwelling and a second unit within it) are currently permitted on the lands. Since residential uses are permitted in the Rural designation and the Official Plan does not prohibit more than one dwelling unit on a property, Planning Staff is of the opinion that the applicant's proposed second unit can be considered without the need for an Official Plan Amendment, provided that the objectives set out in Section C2.1 are met. Based on the above, Planning Staff finds this application to be in conformity with the Official Plan, subject to the inclusion of zoning provisions that would limit the total number of dwelling units on the property and limit the size of the second unit and the accessory building containing it. Proposed Zoning By-law Amendment The subject property is currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. As noted above, this Zoning By-law Amendment Application has been submitted to recognize the detached accessory building with an accessory apartment that was constructed without a Building Permit. The permitted uses in the A/RU Zone include a single detached dwelling. The Township's Zoning By-law restricts the number of dwellings on a lot to a maximum of one dwelling. However, in accordance with Section 5.4 of the Township's Zoning By-law, one apartment dwelling unit is permitted in a single detached dwelling in the Agricultural/Rural (A/RU) Zone, subject to the zoning provisions listed in Sections 5.4 and 5.19 of the Zoning By-law. Development Services March 3, 2021 Report No. DS2021-023 Page 6 of 20 Page 245 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... The Zoning By-law's relevant regulations/restrictions for an accessory apartment, as well as for an accessory building are summarized and compared to the applicant's proposal in the table below: Section 5.4 — Apartment Dwelling Units Accessory to a Single Detached Dwelling Section 5.8 — Dwelling Units Section 5.19 — Parking Standards Section 5.1.4 — Maximum Height (accessory building) Section 5.1.6 — Maximum Floor Area (accessory building) Required Proposed Complies with Zoning By-law (Yes/No) Accessory apartment permitted in a In a detached accessory No single detached dwelling building Maximum number of dwelling units on 2 dwelling units Yes a lot: (1 single detached 1 main dwelling and 1 accessory dwelling and 1 accessory apartment where permitted apartment) Minimum floor area of single detached 501 .6 square metres Yes dwelling: (5,399.4 ft. sq.) 110 square metres 1,184 ft. sq.) Minimum floor area of apartment Gross floor area: Yes dwelling unit: 177.95 square metres 50 square metres (538 ft. sq.) (1,915.5 square feet) Maximum floor area of apartment Gross floor area: No dwelling unit: 177.95 square metres 70 square metres 753.5 ft. s 1,915.5 square feet Must have means of egress to outside Separate means of Yes that is separate from egress from main egress dwelling unit A window opening in the apartment > 1 window over 0.3 Yes dwelling unit having an area of 0.3 square metres square metres (3.23 square feet) is located above grade Minimum number of parking spaces: -Single detached Yes -Single detached dwelling: 2 dwelling: >2 -Accessory apartment: 1 -Accessory apartment: >1 Maximum height of a detached 8.0 metres (26.2 feet) No accessory building: 4.5 metres 14.7 feet Maximum floor area of accessory Gross floor area: No building in A/RU Zone: 177.95 square metres 100 square metres (1,076.4 sq. ft.) (1,915.5 square feet) Development Services March 3, 2021 Report No. DS2021-023 Page 7 of 20 Page 246 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... The table above demonstrates that the applicant's proposal requires amendments to the Zoning By-law in order to permit: • The proposed second unit to be located in a detached accessory building, whereas it currently must be located in a dwelling; • A maximum gross floor area of 177.95 square metres (1,915.5 square feet) for the proposed accessory apartment, whereas it is currently limited to 70 square metres (753 square feet); • A maximum height of 8.0 metres (26.2 feet) for the proposed accessory building, whereas it is currently limited to 4.5 metres (14.7 feet); and, • A maximum floor area for the proposed accessory building (including dwelling unit) of 177.95 square metres (1,915.5 square feet), whereas it is currently limited to 100 square metres (1,076.4 square feet). Considering the changes that have been made to the Planning Act to permit second units in dwellings and in accessory buildings, as well as considering the overall promotion of a range of housing types and affordability found in Provincial policies, the legislative and policy basis for establishing a second unit in an accessory building is well established. Therefore, focus of Planning Staff's consideration of this application is whether the applicant's proposal is appropriate in this site-specific context and in advance of the Township having yet prepared its own Township-wide Official Plan policies and zoning standards to fully implement the changes to the Planning Act. The applicant's lands are located in an Agricultural/Rural (A/RU) zone that already permits second units within the dwelling. Such areas are generally well-suited to accommodating second units as the lot sizes are typically larger in rural areas; therefore, they are able to accommodate infrastructure and features such as septic systems, parking, and distance buffers that protect adjacent lands uses from the intensified residential use. Due to the presence of the significant woodland on the property, the detached accessory building cannot be seen from the road. When driving down the driveway, the first structure to be seen is the main dwelling, which is more than double the size of the accessory building. Therefore, the accessory building at 177.95 square metres (1 ,915.5 square feet) will appear secondary and subordinate to the main dwelling (501.6 square metres/5,399.4 square feet) on the lot. Planning Staff are satisfied that the proposed development would not upset the rural character of the subject lands or the general area. The size of the structure that has been proposed is not out of character with the varied sizes of agricultural buildings found in the immediate area as well as in the Township's rural areas in general. The applicant originally requested a floor area of 100.0 square metres (1 ,076.4 square feet) for the accessory dwelling unit. Yet, after obtaining floor plans, Planning Staff determined that the floor area is significantly larger at 177.95 square metres (1 ,915.5 square feet). Planning Staff is satisfied that the increase in size does not materially change the intent of the application to permit an accessory dwelling unit in a detached accessory building. Development Services March 3, 2021 Report No. DS2021-023 Page 8 of 20 Page 247 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... In addition to restricting the size of the detached accessory dwelling unit, Planning Staff recommend restricting the total floor area and height of the accessory building to prohibit future enlargement/expansion and ensure that the existing single detached dwelling continues to function as the main dwelling on the lot. Furthermore, Planning Staff recommend limiting the size of the lot to the existing 8.09 hectares (20 acres) that comprise the subject lands in order to prevent a future severance of one of the dwellings. Planning staff have also recommended adding the definition of `detached accessory dwelling unit to the Zoning By-law to clarify the term. A `detached accessory dwelling unit' is defined as: "Means a dwelling unit located in a detached structure on the same property as, and is subordinate to, a principal single detached dwelling". With these provisions contained in the Zoning By-law amendment that has been prepared by Planning Staff and included as Schedule 7 to this report, Planning Staff is satisfied that the design of the development of the lands would be adequately regulated through the Zoning By-law. As indicated by the Township's Building Division, the applicants will be required to obtain a Building Permit for the accessory building that was built without a permit and a Septic Permit for the septic system that was installed without a permit. As indicated above, the Township is moving forward with updates to its Official Plan and Zoning By-law, which will, among other items, may establish new policies and provisions for second units in compliance with the changes to the Planning Act. Given that Planning Staff has already concluded that the proposed development and its associated Zoning By-law Amendment can be accommodated on the applicant's lands in a manner that complies with the Planning Act, is consistent with the Provincial Policy Statement 2020 and conforms to the Growth Plan 2020, the County of Simcoe Official Plan and the Township's Official Plan, Planning Staff is also satisfied that this application, if approved, would not set a negative precedent for future detached accessory dwelling units in rural areas. 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 Committee's decision. 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 March 3, 2021 Report No. DS2021-023 Page 9 of 20 Page 248 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... Corporate Strategic Goals: Planning Staff is of the opinion that this application is consistent with the following Strategic Goal of the Township: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff is of the opinion that the proposed development is consistent with the Strategic Plan, as it will not negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building Division — Building Permits are required for all the construction and sewage system(s). • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects — No objection. • Enbridge Gas Inc. — No objection. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Township Official Plan - Land Use Schedule 5: Township Official Plan - Natural Features Schedule 6: County Official Plan — Land Use Schedule 7: Draft Zoning By-law Amendment Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2019-ZBA-11 by John, Linda and George Hill be approved on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conform to the Official Plans for the Township of Oro-Medonte and the County of Simcoe and represents good planning. Development Services March 3, 2021 Report No. DS2021-023 Page 10 of 20 Page 249 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... Respectfully submitted: Catherine McLean, Intermediate Planner Approvals: Date Derek Witlib, Manager, Planning Services February 26, 2021 Andria Leigh, Director, Development Services February 26, 2021 Development Services March 3, 2021 Report No. DS2021-023 Page 11 of 20 Page 250 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re. Zoning By-law... Schedule 1: Location Map Va"Y'". H t 7-e o l as22 �aa�P�.�� R 4350 50L51 Sr_d. 497 1942 400 1900 /n9r Rq 1878 1860 1640 Schedule 1 Location � Subject Lands 0 Towr�hr �f�� Proud Heritage,Exciting Future o 300 m File Number:2019-ZBA-11 N , i Development Services March 3, 2021 Report No. DS2021-023 Page 12 of 20 Page 251 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re- Zoning By-law... Schedule 2: Aerial Photo 7 Rd I -HaaneM—Rd ' Re fi IeeFPB.,,RRewRd oid. r � RbR 50I51 Srtl. Schedule 2 Aerial Photo ��— � ©Subject Lands 0 Tow,�h; f� Proud Heritage,Exciting Future 0 100 M File Number:2019-ZBA-11 N I Development Services March 3, 2021 Report No. DS2021-023 Page 13 of 20 Page 252 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... Schedule 3: Applicant's Site Plan Apartment Dwelling Unit Single Detached Dwelling 4 Septic Schedule 3 Applicant's Site Plan 1--- File Number 2019-ZBA 11 Proud Heritage,ExcitiuQ Future Development Services March 3, 2021 Report No. DS2021-023 Page 14 of 20 Page 253 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re. Zoning By-law... Schedule 4: Township Official Plan — Land Use 7�, J f a IesM1� a Mewl FIF C C�Id i rn..R C Y tiRld9, mad CV C J 50151 Srd. 400 aa. Schedule 4 Township Official Plan - Land Use C.*Subject Lands OEnvironmental Protection Two 0 Major Open Space 0 Townshir�f Rural -Environmental Protection One �� Proudd Heritage,Exciting Future Agricultural -Mineral Aggregate Resources-Licensed o 400 m File Number:2019--Z6A-11 4/ 1 I 1 1 Development Services March 3, 2021 Report No. DS2021-023 Page 15 of 20 Page 254 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re. Zoning By-law... Schedule 5: Township Official Plan — Natural Features 12 ettie-n lel'Rd. •i�:�°/,-�F''y:�t`. :`v'. J -50151-Sitl ° a0a Schedule 5 Township Official Plan - Natural Features C.*Subject Lands —�4rA1� Publicly Owned Lands Provincially Significant Wetlands(EP1) (/`��]Township of Q Environmental Protection 2 s i Provincially SignificantANSls(EP1) ��t" Proud Heritage,Exciting Future v 'Significant Woodlands 0 400 m File Number,2019-7BA-11 N I Development Services March 3, 2021 Report No. DS2021-023 Page 16 of 20 Page 255 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re. Zoning By-law... Schedule 6: County Official Plan — Land Use �allrs�Rd.— Rd Mlaoneen INS d� C 61 C J e ' 400 ��brarh,�cf. Schedule 6 County of Simcoe — Land Use .*Subject Lands Agricultural �~ T�<C J ��L�v�tL�i Greenlands - Rural Proud Heritage,Exciting Future 0 400 M File Number,2019-76A-11 Development Services March 3, 2021 Report No. DS2021-023 Page 17 of 20 Page 256 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re- Zoning By-law... Schedule 7: Draft Zoning By-law Amendment The vorporatlm or the Townehlp C'oro-MedcC6 By-Low No.2021-0.29 A Dg-law to amend:he zon ing prowlslon*which aWy to lands at Conemslon 2 PmtLot.;iO 1U- :e; To'orrahlp of or -Medonte 2 0°18,ZBA-11 (John, Unda.and George Hill 'Whvem the c-D"o'I.he Caracfratim cat-_ie Tcemklli of _-hleWnte 1s errpzwered pam By4aAs to re u.YE.Me Lre cl and DUsiarr.to DE-Com 34 of the Pla nrlrg AM s 0. 19M.C,R.1.3; .and Whereas Cxu}d deerts n a3ppfopia to to mmne flre sjjDjea aim-b F-E- rnt a d►reling rrit In tlae deUche€1 a sOry bulairg,h a O> ' .3ro*Vh 3 ectl if C2_ 71 LL OM 211 Man. Now Therefofe-n_+,ui* rf U)e TciyrisNp•of Cr.-KJecCn a tl-rabyr en3c;t a s NMn 1. OohaCU C_ si="~o 7�-I-o 5%4 j;-97-D°.•m 7- .-7=r a`r rKM byroh3rgrg y rg lo:he arch tisr=_: _: °)em-oor 2 Dar. Ta,-:rEti: V -m-,1=dorte,Tom:he X:W, Zcr_go crxi:jr3,=.U-3 EXoeollcf.223 eARLP32215)2- e,as-0t6lsA'°1 cn OcrIaGU a'A'3-a#E,-a7r MwTliq p3r.U it"Barr. 2. 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Seccon 8-3-Derlritlons-Is hefelaX farffwwenaed by a ddrg%e UbWN new WrIlirlor: -13e-=*7 FDA-eling tint-Means a dWEArQ r.nit c• 3ted 113, s-rc°:rre cri We same pi Op arly as,and Is subandlnarie to,a p1rdpa-5 7�_-taa-'ea 06-Esvng.- 4. GOriewe W a:ta hec fro B)gaw No 2a21-029 Is declared to romr a Dart Y's ByL-a x. .5. TPIE El}-LYN sh31 00frp' I[,e-W-P Jpon the d3t[-ar pYE&aye 1erw.sr.b.ev pr`llni 3rs cr'tP-e Plane ig A1.m 3Ter&d. By-_aW read a Fl rat.&ao and and Third T1 me,and Pasaed thla 3'=Day of Marc h, 2C121. Development Services March 3, 2021 Report No. DS2O21-023 Page 18 of 20 Page 257 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... Tha vcrp#ratl*n of the T(Yffmhlp q or VedoiU Xor, ug --�a Deputy CAerk. J. Tm-Dr Development Services March 3, 2021 Report No. DS2021-023 Page 2 of 20 Page 258 of 267 Ta) DS2021-23, Catherine McLean, Intermediate Planner re: Zoning By-law... To By-Larea ND. 2D21 3_ cxnoa�tian of9m �747 �1 L �T ti 1 $A~ifaWmp EomiDn NN 1+LMN1 Dot T"Gis SCEeL'A'-.0 E -_a*:02'-]29 pad the 3W da)��r'3�cr.2Z21. TME CNPN=Dn Of M T 5NP-Cr ORAI CCT.E H.S.HL19fte& Deuty CM J.Teems ( ppllratlDn 21119-2EIA-11) Development Services March 3, 2021 Report No. DS2021-023 Page 3 of 20 Page 259 of 267 7.b) DS2021-30, Andria Leigh, Director, Development Services re: LPAT He... township of Report 'O� f_qlAe,- Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-030 Council Andria Leigh, Director, Development Services Meeting Date: Subject: Motion # March 3, 2021 LPAT Hearing Representation Roll #: Minor Variance Application R.M.S. File #: 2019-A-42 (Robu) D13 56972 259 Moon Point Drive Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-030 be received and adopted. 2. That staff proceed with Option 1 as outlined in this report in preparation for the LPAT hearing scheduled for May 19, 2021 . Background: On October 2, 2019 Development Services Committee made the following decision regarding Minor Variance Application 2019-A-42 by Svetlana Robu on lands municipally known as 259 Moon Point Drive: 1 . That Minor Variance Application 2019-A-42 by Svetlana Robu specifically to permit the construction of detached accessory building (#1) on the lakeside with a reduced setback of 15.0 metres (49.2 feet) from the average high water mark of Lake Simcoe on lands municipally known as 259 Moon Point Road, be denied as this accessory building (#1) does not meet the four tests of the Planning Act. 2. That Minor Variance Application 2019-A-42 by Svetlana Robu specifically to legalize an existing detached accessory building (#2) with a reduced setback of 2.0 metres (6.6 feet) from the front lot line on lands municipally known as 259 Moon Point Road, be approved. The subject property is located along the south side of Moon Point Drive and abuts Lake Simcoe to the south. A Location Map and Aerial Image are included as Schedules 1 and 2 to this report. The subject property has a lot area of 0.134 hectares Development Services March 3, 2021 Report No. DS2021-030 Page 1 of 8 Page 260 of 267 7.b) DS2021-30, Andria Leigh, Director, Development Services re: LPAT He... (0.33 acres) and contains a single detached dwelling and two detached accessory buildings (sheds). The applicant is proposing to construct a 15.3 sq. m. (164.2 sq. ft.) detached accessory building (#1) with a 3.8 sq. m. (40.8 sq. ft.) porch attached on the lakeside and to legalize an existing detached accessory building (#2) constructed by previous owners with an area of 8.9 sq. m. (96.0 sq. ft.), both not to be used for human habitation. The existing dwelling has an area of 182.8 sq. m. (1967.7 sq. ft.). The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. The subject property is designated Shoreline in the Township's Official Plan and zoned Shoreline Residential Exception 2 (SR*2) in the Township's Zoning By-law 97-95, as amended. The Committee received a Planning Staff report (DS2019-123) for the Minor Variance application that provided a planning analysis of the application and review of the policies and tests as required by the Planning Act. As a result of the various inputs from staff, agencies, residents, and the applicant, the Development Services Committee adopted a motion with a split decision that approved the variance associated with Building #1 and denied the variance associated with Building #2 within Minor Variance Application 2019-A-42. Notice of Decision was provided in accordance with the Planning Act. An appeal to the Committee's decision was received on October 22, 2019. Planning Staff forwarded the appeal to the LPAT, a Status Hearing was scheduled and held with the LPAT on February 18, 2021 . As a result of this Status Hearing the Township received a decision issued February 22, 2021 directing a hearing by video proceed on Wednesday May 19, 2021 at 10:00 a.m. for one day. In order to prepare appropriately for this scheduled LPAT hearing, direction from Council is required and is the purpose of this report. Analysis: Given that staff determined in their report that portions of the minor variance application did not conform to all applicable Planning policies, nor met the four tests of the Planning Act and this was supported in the Development Services Committee decision, direction from Council is now required to determine the level of support to be provided by the Township at the now scheduled LPAT hearing. The Township has the following options: (1) Provide representation (Planning staff and Township solicitor) to support the Committee's decision to approve the minor variance application; Development Services March 3, 2021 Report No. DS2021-030 Page 2 of 8 Page 261 of 267 7.b) DS2021-30, Andria Leigh, Director, Development Services re: LPAT He... (2) Not provide representation to support the Committee's decision and rely on the applicant and their agent to provide evidence in support of the application. Option #1 would require the Township solicitor and Planning staff to uphold the decision of the Committee that denied/approved the two portions of the minor variance application that was also the recommendation of the staff report (DS2019-123). Planning Staff would work with the Township solicitor in order to prepare the necessary case to be presented to the Tribunal member in accordance with the Committee's decision and the Staff Report. The cost for this option is discussed further below. In Option #2, the Township would not provide any representation at the LPAT hearing to defend the Committee's decision. With this option, the applicant/appellant will present their case at the hearing on the merits of the approval and there would be no evidence presented at the hearing from the Township regarding the decision by the Committee to deny/approve the application. In either option, the applicant and appellant are required to provide their own representation, at their cost, to support their position at the LPAT hearing. Financial / Legal Implications / Risk Management: Option #1 would include financial costs associated with the Township solicitor's time to prepare and then attend the one day LPAT hearing and also the indirect costs for Township Planning staff to prepare for and attend the hearing. Option #2 would not include financial costs to the Township other than the staff time to attend and observe at the hearing with no evidence being presented by the Township. 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: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Development Services March 3, 2021 Report No. DS2021-030 Page 3 of 8 Page 262 of 267 7.b) DS2021-30, Andria Leigh, Director, Development Services re: LPAT He... Consultations: N/A Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Revised Site Plan Schedule 4: Applicant's Elevation Plan Conclusion: The decision of the Development Services Committee was to deny/approve portions of the Minor Variance application consistent with the staff recommendation; however the decision was appealed to the LPAT. On this basis, direction from Council is now required regarding representation to be provided by the Township at the LPAT hearing scheduled for May 19, 2021. It is staff's recommendation that Council should proceed with Option 1 as outlined in this report to defend the Committee's decision. Respectfully submitted: Andria Leigh, RPP Director, Development Services Approvals: Date Development Services March 3, 2021 Report No. DS2021-030 Page 4 of 8 Page 263 of 267 7.b) DS2021-30, Andria Leigh, Director, Development Services re. LPAT He... Schedule 1: Location Map rJ 'IT Moons mne Rd. Ma rseeh�n•Va�IA Iry0.d._ ICI C �.Ridse ?o.'�d V.'! 15 17 13 11 i9 g 21 7 5 3 1 War�le�WaY 263 0 �O 496 255 251 247 359 243 239 235 221 Schedule 1 Location Subject Lands 00�� Proud Heritas;e,E—irini F.t—c 0 100 M File Number:2019-A-42 N I Development Services March 3, 2021 Report No. DS2021-030 Page 5 of 8 Page 264 of 267 7.b) DS2021-30, Andria Leigh, Director, Development Services re- LPAT He... Schedule 2: Aerial Photo --�nelane•Rd. �' R lit.4INallel Y'Rd. f �r �M. C.Rd.0 �• _ +� � f M c I 9 'eed V I L- 1 Y - 1 iN 9 i Schedule 2 Aerial Photo 7ownsh f Subject Lands Proud HffRage,Exciting Future a to m File Number:2019-A-42 N I I Development Services March 3, 2021 Report No. DS2021-030 Page 6 of 8 Page 265 of 267 7.b) DS2021-30, Andria Leigh, Director, Development Services re- LPAT He... Schedule 3: Site Plan 259 MOON POINT DRIVE -"Woo I BLDG#2 i l I � I I � � I I 1 � I 141 AVENA no WATU OOM 5hedule 3 Applicant's Site Plan - i , Fie Numb=201 r+ate 1r.,frE„,, Development Services March 3, 2021 Report No. DS2021-030 Page 7 of 8 Page 266 of 267 7.b) DS2021-30, Andria Leigh, Director, Development Services re. LPAT He... Schedule 4: Elevation and Floor Plan Drawings E 1 a � Schedule 4 Applicant's Elevation DrawingsOf _. . 't�>i�nrxl�iy q�f File Number2019-A-42 Ynmd,Herisdge,Exrr bir Fulove Development Services March 3, 2021 Report No. DS2021-030 Page 8 of 8 Page 267 of 267