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05 05 2021 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Township of Proud Heritage, Exciting Future Wednesday, May 5, 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 531 4. Approval of Minutes: 5 - 16 a) Minutes of Development Services Committee meeting held on Wednesday, April 7, 2021. 5. Public Meetings: 17 - 62 a) 5:30 PM Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment for to the Zoning By-Law of the Township of Oro-Medonte, Block 73, Plan 51 M-1086, 7 Henry Ball Court, 2021-ZBA-01 , (555174 Ontario Ltd./Broadmoor Homes) and 2021-B-12 & 2021-B-13 (555174 Ontario Ltd.) [Refer to Item 7d) and Item 5c) 05 05 2021 Council agenda]. 63 - 86 b) 5:45 PM Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment for to the Zoning By-Law of the Township of Oro-Medonte, Part lot 16, Concession 9, 372 Moonstone Road East, 2021-ZBA-03 (William Finlayson). 6. Public Hearings: 87 - 117 a) 6:00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance Application 2021-A-14 1630392 Ontario Inc. Oro Con 13 W PT Lot 11 RP 51 R41687, Part 1 , S/E corner of Old Barrie Road East and Line 12 North. 118 - 141 b) 6:10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re-Consent Application 2021-B-17 & Minor Variance Application 2021-A-19 by Derek Watson2 Pine Ridge Trail. 142 - 167 c) 6:20 PM DS2021-055 Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-20 Kaleb Streeter, 143 Bass Line. 168 - 202 d) 6:30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Application 2021-A-21 Svetlana Robu, 259 Moon Point Road. 203 - 266 e) 6:40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re-Minor Variance Application 2021-A-22 by David & Kerissa Govender,35 Landscape Drive. 267 - 292 f) 6:50 PM DS2021-063, Andria Leigh, Director, Development Services re: Minor Variance Application 2020-A-23 Mitchell & Alexandra Casey 1751 Mount St. Louis Road East. 293 - 322 g) 7:00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance Application 2021-A-24 Michelle Plowright, 1 Sunnyside Avenue. 323 - 348 h) 7:10 PM DS2021-056, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-25, 2187459 Ontario Ltd., 44 Line 9 South. Page 2 of 531 349 - 371 i) 7:20 PM DS2021-061, Danielle Waters, Planner, re: Minor Variance Application 2021-A-26 Tyler and Amanda Chapman 11 Fairway Court. 372 - 402 j) 7:30 PM DS2021-064, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-27 Andrew and Susy McIntyre, 156 Tudhope Boulevard. 403 - 421 k) 7:40 PM DS2021-065, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-28 by 1711129 Ontario Inc. 165 Line 4 South. 422 - 452 1) 7:50 PM DS2021-066, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-29 Peter and Crystal Rosewell 433 15/16 Sideroad West. 453 - 473 m) 8:00 PM DS2021-070, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-18 by Gayle Andrews 10087 Highway 12. 7. Reports of Municipal Officers: 474 - 483 a) DS2021-054, Catherine McLean, Intermediate Planner re: Removal of Holding (H) Provision 2020-ZBA-12 (David and Terrance McPhee) 51 & 55 Line 14 South Township of Oro-Medonte [Refer to Item 5a) 05 05 2021 Council Agenda]. 484 - 491 b) DS2021-057,Catherine McLean, Intermediate Planner re: Removal of Holding (H) Provision 2021-ZBA-02 (Janis & Clement DeCastro) Concession 10 West Part Lot 25 Reference Plan 51 R35844 Part 1 (Oro) Township of Oro-Medonte [Refer to item 5b) 05 05 2021 Council Agenda]. 492 - 506 c) DS2021-068, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-18 Revised Bogdan Demkowicz 2661 Lakeshore Road East. 507 - 520 d) DS2021-072, Derek Witlib, Manager, Planning Services re-Zoning By-law Amendment Application 2021-ZBA-01 andConsent Applications 2021-B-12 & 2021-B-13 by 555174 Ontario Ltd. (Broadmoor Homes) [Refer to Item 5c) 05 05 2021 Council Agenda]. 521 - 525 e) DS2021-067, Andy Karaiskakis, Senior Planner re: Consent Application 2021-B-20 for Validation of Title by Brenda Gaye Norwich 20 Parkview Avenue. 526 - 531 f) DS2021-062 Danielle Waters, Planner re: Deeming By-law Application 2021- D-02 Donald and Lisa Dumas 17 Devitt Street and Adjacent Parcel to East (address not assigned) [Refer to Item 5d) 05 05 2021 Council Agenda]. 8. Next Meeting Date: Wednesday, June 2, 2021 . Page 3 of 531 9. Adjournment: a) Motion to Adjourn. Page 4 of 531 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte (w Development Services Committee Minutes Township of tPi Electronic Meeting Proud Heritage,Exciting Future Wednesday, April 7, 2021 5:30 p.m. Present: Mayor H.S. Hughes Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Regrets: Deputy Mayor Ralph Hough Staff Andria Leigh, Director, Development Services; Andy Karaiskakis, Senior Present: Planner; Catherine McLean, Intermediate Planner; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Harold Daynard, Manager, Information Technology (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Mayor H.S. Hughes assumed the Chair at the above-noted time and called the meeting to order. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC210407-1 Moved by Keane, Seconded by Scott It is recommended that the agenda for the Development Services Committee meeting of Wednesday April 7, 2021 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. Page 1 of 12 Page 5 of 531 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 7, 2021. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, March 3, 2021 . Motion No. DSC210407-2 Moved by Veitch, Seconded by DeSousa It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, March 3, 2021 be received and approved as printed and circulated. Carried. 5. Public Meetings: 4 N a) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-Law of the Township of Oro-Medonte, Part of Lot 22, Concession 9 (Medonte), municipally known as 6294 Line 9 North, 2020-ZBA-07 (Watt) [Refer to Item 7c) and Items 5b) and 5c) 04 07 2021 Council Agenda]. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Craig and Andrea Watt. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 16, 2021; Township of Oro-Medonte, Operations Division dated March 16, 2021; Township of Oro-Medonte, Building Division dated March 17, 2021. %k I%L 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. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the meeting adjourned. Item 7c) was dealt with at this time. Refer to Item 7c). Page 2 of 12 Page 6 of 531 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 7, 2021. b) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-Law of the Township of Oro-Medonte, Block 73, Plan 51 M-1086, municipally known as 7 Henry Ball Court, 2021-ZBA-01 (555174 Ontario Ltd./Broadmoor Homes) and Consent Applications 2021-B-12 and 2021-B-13. Application 2021-ZBA-01 (555174 Ontario Ltd./Broadmoor Homes) and Consent Applications 2021-B-12 and 2021-B-13, as noted on the agenda, were deferred at this time. 6. Public Hearings: 44 a) DS2021-46, Danielle Waters, Planner re: Minor Variance Application 2021-A-17, 2250377 Ontario Ltd., 3224 Line 4 North. The following correspondence was received: Township of Oro-Medonte, Operations Division dated March 19, 2021. Nuk 'ANEW Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented.._ James McLean, 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. '4=61 'X 14W Motion No. DSC210407-3 Moved by Greenlaw, Seconded by Veitch It is recommended 1. That DS2021-46, Danielle Waters, Planner re: Minor Variance Application 2021-A- 17, 2250377 Ontario Ltd., 3224 Line 4 North be received and adopted. 2. That Minor Variance Application 2021-A-17 by 2250377 Ontario Ltd., specifically for permission to permit a detached accessory building with an increase in height to 5.94 metres (19.49 feet), increase in floor area to 156.0 square metres (1 ,680.0 square feet) and increase in lot coverage to 7.3% on the lands municipally known as 3224 Line 4 North, Township of Oro-Medonte, be approved, subject to the conditions as outlined in DS2021-46. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 12 Page 7 of 531 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 7, 2021. b) DS2021-38, Andy Karaiskakis, Senior Planner re: Consent Application 2021-B-14 by Glenn & Olivia Thornley, 2 Paisley Court. The following correspondence was received: Bell Canada Right of Way dated March 19, 2021; Township of Oro-Medonte, Operations Division dated March 19, 2021; Lake Simcoe Region Conservation Authority dated March 24, 2021 ; Albert & Diane Saunders dated March 30, 2021; County of Simcoe, Transportation and Engineering dated April 6, 2021 . Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Celeste Phillips, Celeste Phillips Planning Inc., agent on behalf of the applicant, was present. Glenn and Olivia Thornley, applicants, were 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. DSC210407-4 Moved by DeSousa, Seconded by Keane It is recommended 1. That DS2021-38, Andy Karaiskakis, Senior Planner re: Consent Application 2021-13- 14 by Glenn & Olivia Thornley, 2 Paisley Court be received and adopted as amended. 2. That the Development Services Committee grant provisional consent to Application 2021-B-14 by Glenn & Olivia Thornley to permit the creation of a new lot consisting of a lot area of approximately 0.4 hectares (1 .0 acres) and a frontage of approximately 69.9 metres (229.3 feet) and a retained parcel consisting of a lot area of approximately 0.41 hectares (1 .04 acres) and a frontage of approximately 55.8 metres (183.0 feet), subject to the conditions as outlined in DS2021-38, as amended to add as condition d) as follows: d) That the applicant transfer to the Corporation of the County of Simcoe ("County"), at no cost, a fee simple, unencumbered interest in a road allowance widening along the entire frontage of the subject property adjacent to County Road 20 to provide a 15.25 metre right-of-way from the centre line of County Road 20 and a daylight (sight) triangle measuring 15 metres east-west x 15 metres north-south at the north-east corner of the property adjacent to County Road 20 and Paisley Page 4 of 12 Page 8 of 531 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 7, 2021. Court. The Applicant submit to the satisfaction of the County's Transportation and Engineering Department a preliminary reference plan (1 copy and 1 electronic copy) which sets out the road widening and daylight triangle to be transferred to the County. Upon approval, the County will instruct the surveyor to deposit the reference plan in the Land Registry Office for Simcoe County and request the surveyor provide the County with 1 copy and 1 electronic copy of the deposited reference plan. All costs associated with the land transfer, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the applicant. All legal documentation is to be negotiated, prepared and registered by the Legal Services Department of the County and to be executed where required by the Applicant. The Applicant shall submit to the Legal Services Department of the County a deposit in the amount of $1000.00 prior to the services being rendered. Prior to stamping of the deed by the Township of Oro-Medonte, the Applicant shall obtain written clearance from the County for the above-noted condition; 3. That Conditions d) and e), as outlined in DS2021-38, be renumbered accordingly. 4. That the applicant be advised of the Development Services Committee's decision under the Secretary Treasurer's signature. Carried. Page 5 of 12 Page 9 of 531 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 7, 2021. c) DS2021-39, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021- A-13, Stephen and Lisa Hill, 2269 Lakeshore Road East. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 19, 2021; Lake Simcoe Region Conservation Authority dated March 28, 2021. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Stephen Hill, applicant, was present. At 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. DSC210407-5 Moved by Veitch, Seconded by DeSousa It is recommended 1. That DS2021-39, Andy Karaiskakis; Senior Planner re: Minor Variance Application 2021-A-13, Stephen and Lisa Hill, 2269 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2021-A-13 by Stephen and Lisa Hill, specifically to permit the construction of additions to the front and rear of the existing dwelling with a minimum westerly interior side yard setback of 1 .5 metres (4.9 feet), on lands municipally known as 2269 Lakeshore Road East, be approved, subject to the conditions as outlined in DS2021-39. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 12 Page 10 of 531 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 7, 2021. d) DS2021-40, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-15, Tero Malcolm and Patricia Buell-Malcolm, 5 Pine Springs Road. The following correspondence was received: Township of Oro-Medonte, Operations Division dated March 19 and 25, 2021. Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Tero Malcolm, applicant, was present. Ae 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. DSC210407-6 Moved by Scott, Seconded by Greenlaw It is recommended 1. That DS2021-40, Catherine McLean, Intermediate Planner re. Minor Variance Application 2021-A-15, Tero Malcolm and Patricia Buell-Malcolm, 5 Pine Springs Road be received and adopted. 2. That Minor Variance Application 2021-A-15 by Tero Malcolm and Patricia Buell- Malcolm specifically for permission to build an addition to the existing single detached dwelling with a reduced setback of 3.1 metres (10.2 feet) from the front lot line, a reduced setback of 1.5 metres (4.9 feet) from the interior side lot line, a reduced interior side yard setback for the driveway accessing the single detached dwelling of 0.46 metres (1.5 feet) and a reduced length of the parking spaces on the driveway of 3.1 metres (10.2 feet) on lands municipally known as 5 Pine Springs Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2021-40. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 12 Page 11 of 531 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 7, 2021. e) DS2021-43, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-16, Jill and Scott Strachan, 10 Greenshields Crescent. The following correspondence was received: Township of Oro-Medonte, Operations Division dated March 19, 2021. Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Scott Strachan, applicant, was present. A& 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. DSC210407-7 Moved by Veitch, Seconded by DeSousa It is recommended �txhb6 1 . That DS2021-43, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-16, Jill and Scott Strachan, 10 Greenshields Crescent be received and adopted. 2. That Minor Variance Application 2021-A-16 by Jill and Scott Strachan specifically for permission to build a detached accessory building with an increased floor area of 135.0 square metres (1,453.2 square feet) and an increased height of 6.3 metres (20.7 feet) on lands municipally known as 10 Greenshields Crescent, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2021-43. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 12 Page 12 of 531 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 7, 2021. f) DS2021-45, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-18, Bogdan Demkowicz, 2661 Lakeshore Road East. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 19, 2021; Eileen and Al Schwartz dated March 26, 2021; Lake Simcoe Region Conservation Authority dated March 28, 2021; Laurene Green dated March 30, 2021; Orest Stoyanovskyy dated April 6, 2021 . Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Orest Stoyanovskyy, Stoyanovskyy Architects Inc., agent on behalf of the applicant, was present. WX The following provided public comments: A* Eileen Schwartz provided no objection to having a regular garage, provided comments that she does not want the detached garage to be a guest house as it is to have two balconies and two stories. She provided concerns, regarding drainage, she does not want any additional drainage problems, concerns regarding the size of the two car garage vs. four car garage and referred to her submitted correspondence. Laurene Green provided concerns outside of the maximum allowed for height and floor space, setting a precedence, similar concerns of previous comments, referred to her submitted correspondence and concern of the application submitted. There was no additional correspondence received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210407-8 Moved by Greenlaw, Seconded by Veitch It is recommended 1. That Minor Variance Application 2021-A-18, Bogdan Demkowicz, 2661 Lakeshore Road East be deferred at the request of the applicant to allow the opportunity to submit revised drawings at the May 5, 2021 Development Services Committee meeting. 2. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 12 Page 13 of 531 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 7, 2021. g) DS2021-48, Andria Leigh, Director, Development Services re: Consent Applications 2021-B-15 and 2021-B-16 by Craighurst GP Inc., 3555 and 3507 Penetanguishene Road. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 19, 2021; Nottawasaga Valley Conservation Authority dated March 25, 2021; Steve & Linda Watson dated March 28, 2021; Lynette and Dave Mader dated April 7, 2021. Andria Leigh, Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Celeste Phillips, Celeste Phillips Planning Inc., agent 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. DSC210407-9 Moved by Scott, Seconded by Keane XN It is recommended 1. That DS2021-48, Andria Leigh, Director, Development Services re: Consent Applications 2021-B-15 and 2021-B-16 by Craighurst GP Inc., 3555 and 3507 Penetanguishene Road be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2021-B-15 to permit a boundary adjustment with a 0 metre lot frontage, a lot depth of approximately 20 metres (65.6 feet) and an area of approximately 0.02 hectares (0.05 acres) to be added to the property located at 3507 Penetanguishene Road, subject to the conditions as outlined in DS2021-48. 3. That the Development Services Committee grant provisional consent to Application 2021-B-16 to permit a boundary adjustment with a 0 metre lot frontage, a lot depth of approximately 1176.3 metres (3859.3 feet) and an area of approximately 25.8 hectares (63.8 acres) to be added to the property located at 3555 Penetanguishene Road, subject to the conditions as outlined in DS2021-48. 4. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 12 Page 14 of 531 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 7, 2021. 7. Reports of Municipal Officers: a) DS2021-35, David Yauk, GIS Technician re: Planning Division Activity Summary (Development Applications, Planning, GIS, and Heritage Committee Projects) October 2020 - March 2021. Motion No. DSC210407-10 Moved by DeSousa, Seconded by Scott It is recommended that DS2021-35, David Yauk, GIS Technician re: Planning Division Activity Summary (Development Applications, Planning, GIS, and Heritage Committee Projects) October 2020 — March 2021 be received for information purposes and posted on the Township's website. If x Carried. b) DS2021-44, Catherine McLean, Intermediate Planner re: Zoning By-law Amendment Application 2020-ZBA-08, Gordon Lavery, 1585 Highway 11 North [Refer to Item 5a) 04 07 2021 Council Agenda]. Motion No. DSC210407-11 Moved by Keane, Seconded by Greenlaw ,>%%, It is recommended 1. That DS2021-44, Catherine McLean, Intermediate Planner re: Zoning By-law Amendment Application 2020-ZBA-08, Gordon Lavery, 1585 Highway 11 North be received and adopted. 2. That Zoning By-law Amendment Application 2020-ZBA-08 by Gordon Lavery specifically to permit the Removal of the Holding Provision applying to the lands known as 1585 Highway 11 North, be approved. 3. That the appropriate draft bylaw be brought forward for Council's consideration to Remove the Holding Provision applying to the lands described as Concession 3, South Part Lot 20 (Oro) Township of Oro-Medonte. 4. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 11 of 12 Page 15 of 531 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 7, 2021. c) DS2021-47, Danielle Waters, Planner re: 2020-ZBA-07, Craig and Andrea Watt, Temporary Use By-law, Garden Suite (Granny Flat), 6294 Line 9 North. Motion No. DSC210407-12 Moved by Scott, Seconded by Keane It is recommended 1. That DS2021-47, Danielle Waters, Planner re: 2020-ZBA-07, Craig and Andrea Watt, Temporary Use By-law, Garden Suite (Granny Flat), 6294 Line 9 North be received and adopted. 2. That Zoning By-law Amendment Application 2020-ZBA-07 and Temporary Use By- law 2021-047 by Craig and Andrea Watt, specifically to permit a Garden Suite for the lands known as 6294 Line 9 North for a period of three (3) years, be approved. 3. That the appropriate draft by-laws be brought forward for Council's consideration to adopt a Temporary Use By-law and to execute an agreement for the lands known as 6294 Line 9 North, Part of the East Half of Lot 22, Concession 9 being Part 1, Plan 51 R-15471 (Medonte), Township of Oro-Medonte, for the purposes of a Garden Suite for a period of three (3) years. 4. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. 8. Next Meeting Date:'" Wednesday, May 5, 2021 . 9. Adjournment. a) Motion to Adjourn. Motion No. DSC210407-13 Moved by Greenlaw, Seconded by DeSousa It is recommended that we do now adjourn at 7.13 p.m. Carried. An audio recording of the meeting is available through the Township's website. Mayor H.S Hughes, Chair Andria Leigh, Director, Development Services Page 12 of 12 Page 16 of 531 Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2021-ZBA-01 (555174 Ontario Ltd./Broadmoor Homes) Due to the evolving public heath situation (COVID-19), effective March 17, 2020 at 8:30 am the Township of Oro-Medonte Administration Office is closed to the general public until further notice. The Township will livestream the Public Meeting over the internet for public viewing and participation. Please refer to the Township's website (oro-medonte.ca) for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a "Complete" Application pursuant to the Planning Acton the 22nd day of February, 2021. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on May 5, 2021 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Block 73, Plan 51 M-1086, municipally known as 7 Henry Ball Court. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to change the zoning of the subject lands from Open Space (OS) Zone to Residential One (R1) Zone, in order to accommodate the division of the lands into a total of 3 lots for single detached residential purposes. The lands are also the subject of related Consent Applications: 2021-B-12 & 2021-B-13. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ning(a-)oro-medonte.ca prior to or during the Public Hearing; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705) 487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Local Planning Appeal Tribunal and may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any nersnn wishing further information or clarification with regard to the gnnlirgtinn should 111V11 VVlIIIIIUII1� Llvllv 111C y N.. WlI1V '../calll Vl lllV FUA 11 1VVVIIA CAI1d 111C y N. IIIU.d.. available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Andria Leigh, Director, Development Services plan ninggoro-medonte.ca Dated at the Township of Oro-Medonte this 15t" day of April, 2021 . Location Map _.War —nster ST _Ltz � � t HIer i0 N CD m a R. Merring#on _ye. 0 x I so Robbins o a 12 N t11 �O Hen _Hall Ct:Y- - Grace Cr-es- Z \ r 61 C J i ® Subject Lands 0 W E- Fz o z Q o z o O N a z N U o U . Ul O Ey 0 I I I I o I ez iol I I I ------ -- - - - - - -- - --- � I I I I �9 Cat I 43 10'1 o I INdJdn � o I � I I I r w I Ji c� U c� CO w o U cn I � � r o B152L 3 _ z m z ' n � � o� w s 00 co E- a Z o I 1 a I z f99 z, W ~ co x C I - 1l9'ZL I I I I � INdOVA I - - - -� 9 r I I � .LO'I I I I � �L�> osvo - oss8s N\d s I � I I I � I I I I 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... From: Moyle,Jacqueline<jacqueline.moyle@bell.ca> Sent:Wednesday, March 17, 2021 3:01 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: 705-21-180 RE: Notice of Public Meeting & Public Hearing- Development Services Committee meeting, April 7, 2021 (2021-ZBA-01) and (2021-B-12, 2021-B13) Broadmoor Homes Hi Teresa, Re: 2021-B-12, 2021-B13 Details: • Application for Consent • 7 Henry Ball Court • Township of Oro-Medonte • Bell File 705-21-180 Subsequent to review by our local Engineering Department of the subject lands for the above noted consent file, it has been determined that Bell Canada has no concerns with respect to the proposed application. If there are any questions or concerns,please do not hesitate to contact me. Thanks Jacquie Jacqueline wWyle External Liaison Bell Canada Right of Way WI 140 Bayfield St. FL 2 Barrie, ON, L41VI 3B1 P: 705-722-2636 F: 705-726-4600 iacgueline.moyle(cDbell.ca Page 20 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: Wednesday, March 17, 2021 1:43 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Meeting & Public Hearing- Development Services Committee meeting, April 7, 2021 (2021-ZBA-01) and (2021-13-12, 2021-1313) Broadmoor Homes Teresa Development Engineering has No Objection to the above noted Applications. It should be noted that Proof of Appropriate Servicing (Water, hydro, gas, cable T.V., etc.), as well as Engineered Lot Grading Plans shall be required for ALL 3 Lots at the time of Building Permit Application. Stay Healthy Dave Page 21 of 531 i�111 ,S, �k RRtW TpkR t Tf �pmplete A; ion, Notice of Part... SOURCE PROTECTIOI` - Tnurrslrepof~� `�� 1 (��t� ACT FOR CLEAN WATER '_�'��er,tay ' r 11,."1Herirnr,ELr,ihn Nil-, South Georgian Bay Lake Slmcoe Source Protection Region X A' March 22nd, 2021 Teresa Falconi, Development Services Assistant The Corporation of the Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Ms. Falconi, RE: Consent (Severance) Applications 2021-B-12 and 2021-B-13 Zoning By-law Application 2021-ZBA-01 7 Henry Ball Court, ARN: 434602000409994 Township of Oro-Medonte, County of Simcoe Risk management staff of the Severn Sound Environmental Association (SSEA) has reviewed the following files sent via email on March 15, 2021 , pertaining to the Consent Applications 2021-B-12 and 2021-B-13, and Zoning By-law Application 2021-ZBA-01, at 7 Henry Ball Court ("the property'): • Consent Application — Notice of Public Hearing, dated March 15, 2021(file name: Notice of Public Hearing (2021-B-12 & B-13) Broadmoor.pdo • Notice of Receipt of a Complete Application , Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, dated March 15t", 2021 at the Township of Oro-Medonte (file name: Notice of Complete Application & Public Notice (2021-ZBA-01) Broadmoor.pdf) The following comments relevant to drinking water source protection are offered and are applicable to the application as it is presented in the above mentioned files. The below comments may become null and void if changes to the application are made. It is the SSEAs understanding that the Consent Applications are to create lots for future single detached residential use with the specific details included in the above mentioned "Consent Application". Further that the Zoning By-law Amendment is to change the zoning from Open Space (OP) Zone to Residential One (R1) Zone. The property is partially located within the Wellhead Protection Area D (WHPA-D) of the Warminster municipal drinking water system with a vulnerability score of 2. Based on the proposed use, location within the Wellhead Protection Area, and vulnerability score, policies in the Approved South Georgian Bay Lake Simcoe Source Protection Plan (approved: January 26, 2015; amended: September 17, 2019; effective: July 1, 2015) would not apply. 489 Finlayson St ♦ PO Box 460 ♦ Port McNicoll ON LOK 1RO ♦ Tel: 705-534-7283 ♦ Fax: 705-534-7459 www.severnsound.ca Page 22 of 531 i:111 •S�r) �k ( WWATpkR t Tf �pmplete A,� on, Notice of Part... SOURCE PROTECTION -= y� / /J��(�/� 2 ACT FOR CLEAN WATER � X f�^""�"'"""f� South Georgian Bay Lake Stmcoe Source Protection Reglan �crt1^1 1�_ !'rand HrrirnKr,Exrifiuy�fiifiirr Furthermore, neither Section 57 (Prohibition) nor Section 58 (Risk Management Plan) of the Clean Water Act, 2006 apply to this application, and as such, no additional notices, letters, or requirements from the Township of Oro-Medonte Risk Management Official are required as the application is currently presented, at this time. If you have any questions, please contact the undersigned. Yours truly, Melissa Carruthers, Risk Management Official / Inspector for the Township of Oro-Medonte Severn Sound Environmental Association mcarruthers(a-)severnsound.ca CC: Julie Cayley, Executive Director, SSEA 489 Finlayson St ♦ PO Box 460 ♦ Port McNicoll ON LOK 1RO ♦ Tel: 705-534-7283 ♦ Fax: 705-534-7459 www.severnsound.ca Page 23 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:Tuesday, March 23, 2021 7:22 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Meeting& Public Hearing- Development Services Committee meeting, April 7, 2021 (2021-ZBA-01) and (2021-B-12, 2021-B13) Broadmoor Homes The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 24 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... From: Dolly.Shetty@HydroOne.com <Dolly.Shetty@HydroOne.com>On Behalf Of LandUsePlanning@HydroOne.com Sent:Tuesday, April 6, 2021 2:26 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: Oro-Mendote - Broadmoor Homes -2021-B-12, 2021-1313 Hello, We are in receipt of Application 2021-B-12, 2021-1313 dated March 15, 2021.We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: http://www.hydroone.com/StormCenter3/ Please select"Search" and locate address in question by entering the address or by zooming in and out of the map ? 4 hydr©(L' MENU HELP SEARCH one Customers Affected:0 >5000 Q 501.5000 0 51-500 0 21.50 1=20 0 Multiple V Crew — Service Area R a Ottaw +' Montreal OHurl',vilR 417 Al] aaa 11• /� O 4� C fd� � O il! ® p�ylva�Kawartha q� L# L k�S � � BurLr o ' Peterbpraugh Kin (� Bell�aille •! G 5 ,' _ • • note Edwar Wa1@elolvn � ao N ® +Aram o Toronto Kitche o ° arra o ississauga� r c. Mon Go Ie Rochester - 663 Mae data C2019 Goo le Terms of Use Re atla ma earor If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre Thank you, Best Wishes, Dolly Shetty Real Estate Assistant I Land Use Planning Page 25 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... Hydro One Networks Inc. 185 Clegg Road (R32) Markham, ON I L6G 1137 Email: Dolly.Shetty@HvdroOne.com Page 26 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... From: Meghan Kouyoumjian <M_kouyoumjian@hotmail.com> Sent: Wednesday, April 7, 2021 9:38 AM To: Planning<Planning@oro-medonte.ca> Cc: Michael Lavender<laven22_michael@hotmail.com> Subject: Zoning for Block 73 Henry Ball Court, Plan 51M-1086 To Whom this may Concern, I am writing this letter on behalf of myself, Meghan Lavender and my husband, Michael Lavender, residents of 2 Henry Ball Court, Oro-Medonte. We are hoping you would reconsider severing this property for the intend of the builder to build more houses. We have two young children, and when we were looking for a house knew we wanted to be close to a park. After seeing that in the plans of this development there were plans to have a park on our street, we knew this would be our home. Currently, the closest park to us is the one on the other side of Highway 12. This is not convenient, nor is it safe for the residents on our side of the highway to get to, as there is not a set of stop lights at this intersection. There are plans for our builder to continue building more houses beyond Henry Ball court, meaning there will be more families residing close by, all without a safe outdoor place for our children to congregate and interact with each other outside of school. This is an important part of childhood development. Please take the fact that WE are the residents, and WE are the ones paying taxes. We decided to live here in large part of the planning for a park in this specific location, where our children can meet neighbours and enjoy the beauty that Oro-medonte has to offer. Michael and I would like to have written correspondence as to the decision that is made on this matter. Thank-you for your time, Michael and Meghan Lavender Page 27 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:April 16, 2021 9:07 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Meeting and Public Hearing - Development Services Committee meeting, May 05, 2021 (2021-ZBA-01) 555174 Ontario Ltd (Broadmoor Homes) Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 28 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 16, 2021 10:40 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Meeting and Public Hearing- Development Services Committee meeting, May 05, 2021 (2021-ZBA-01) 555174 Ontario Ltd (Broadmoor Homes) Teresa Development Engineering has No Objection to the above noted Applications. It should be noted that: Appropriate servicing and Engineered Lot Grading Plans shall be required at the time of Building Permit Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 29 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:April 16, 2021 10:02 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Meeting and Public Hearing - Development Services Committee meeting, May 05, 2021 (2021-ZBA-01) 555174 Ontario Ltd (Broadmoor Homes) Teresa Operations has no comments on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 30 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:Tuesday, March 16, 2021 6:38 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Meeting & Public Hearing- Development Services Committee meeting, April 7, 2021 (2021-ZBA-01) and (2021-B-12, 2021-B13) Broadmoor Homes Teresa Operations has no objections to severance application. The applicant will be required to obtain Entrance Permits for each lot. Justin Page 31 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... From: Dolly.Shetty@HydroOne.com <Dolly.Shetty@HydroOne.com>On Behalf Of LandUsePlanning@HydroOne.com Sent:April 20, 2021 1:21 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: Oro-Mendonte-Warminster Side Road and 13 Line North -2021-B-12 and 2021-B-13 Hello, We are in receipt of Application 2021-B-12 and 2021-B-13 dated April 15, 2021. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: http://www.hydroone.com/StormCenter3/ Please select"Search" and locate address in question by entering the address or by zooming in and out of the map ? cz E6 hydroone MENU HELP SH°H Customers Affected:O >5000 O 501-5000 O 51-500 O 21-50 O < 20 4 Multiple ® Crew —Service Area R u y// , `QVL• �� ottaw Montreal CD c f 6 _ © QOrJIa KLwkrtha O O P �es 9erl f�Peterbprough e V G bellP�vi61e Kin ® � eedwar wa��,rn o _ N ip gram o Toronto<a 0 Kitchoe ississauga° ,_-� o, a Ilton Go gle ° Rochester ws Ma ears xzora coo le so km. Terms or use ae n If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre Thank you, Best Wishes, Dolly Shetty Real Estate Assistant I Land Use Planning Hydro One Networks Inc. 185 Clegg Road (R32) Markham, ON I L6G 1137 Email: Dolly.Shetty@HvdroOne.com Page 32 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... May 5, 2021 Development Services Committee 5a) Additional correspondence received From: Ashley Merritt <ashley.anne@outlook.com> Sent: April 30, 2021 11.41 PM To: Planning <Planning@oro-medonte.ca> Subject: Re-Zoning Hi there, I was given this email to voice my concerns re: the rezoning of a lot on Henry Ball Court. Right now, this land has been zoned for parkland. This has been s000 exciting for us! As we live on the south side of the highway in warminster, there are not ANY playgrounds within a fair range on our side of the highway. I know many families also in this community who have been conversing on this topic for a while with excitement! This is the perfect addition to this beautiful, growing community that has a school which means has more than enough children around to justify a park. Unfortunately, I've heard that a builder would like to rezone and divide said lot to make room for more houses... I am just writing in hopes that maybe this motion could be thoroughly looked at and denied for the sake of the children that are already apart of the community. I understand a builder is out to build, sell and make money.. however I think this past year has proven how important it is for kids to have somewhere other than their own bubble to exist in. Thank you so much for taking the time to read this.. I hope I emailed the right spot. Take care and stay safe, Ashley Merritt Page 33 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... May 5, 2021 Development Services Committee 5a) Additional correspondence received From: Alycia Cleaveley<arndeaveley@gmail.com> Sent: May 1, 2021 11:30 AM To: Planning<Planning@oro-medonte.ca> Subject: Henry Ball Court To whom this concerns, I am writing about the letter received about changing the land on henry ball court from green space to residential lots. As someone who purchased a house in the area, and the developer stated there was a park - this was a selling feature for being a young family in the area. Over the last year, its been clear the absolute need for children to have outdoor outlets. The closest park in warminster is quite far away and across a very busy highway. With all the development in the area there are a large amount of young families now in the area, which warrants the need for additional play spaces. The development is slated to continue westward, meaning there's opportunity for countless more young families to come to the area and no space on this side of the highway for play. Which in turn encourages kids to play and gather on the side of busy roads while out to ride their bikes and play. I feel as though keeping the lots designated for what they initially were intended and approved for is in the best interest of the community. I understand that the developer is in the area to make money and leave, but the long term impact of not having a green space will forever settle on the residents invested in our community. Therefore, my family and myself are not in favour or changing the designation of this land. Is the developer planning to dedicate more of the subdivision to green space as he continues to build? Thank you for understanding Alycia Leamen Page 34 of 531 5.a) 5:30 PM Notice of Receipt op y�� TtMBe Rglimen��S'eNoteseComm e"e" 5a) Additional correspondence received From: margaret hulton <mmhulton@me.com> Sent: May 2, 2021 12.02 PM To: Planning <Planning@oro-medonte.ca> Subject: Warminster rezonning Too the rezonning council , Please note that as a long time resident of Warminster I am Not in favour of trading off the parkland in favour of three more houses. Our children need somewhere safe to play. And across the highway is just too dangerous Margaret Hulton Page 35 of 531 5.a) 5.30 PM Notice of Receipt of M!;W, P&RPHIltee 5a) Additional correspondence received From: Sonya Bell <sonya.romanko@gmail.com> Sent: May 2, 2021 2:58 PM To: Planning<Planning@oro-medonte.ca> Subject: 2021-ZBA-01 55174 Ontario Inc/Broadmoor Homes Good afternoon, We are mailing in to express our non approval of the proposed changes to the land on Henry Ball Crt from OS to RI. This land was promoted when first starting development to be a pl ayground/greensp ace. This is what we wish it to stay, not more houses. There is little to no greenspace/playground on this side of the high way as it is. I would like to be notified of the decision once reached. Regards Sonya & Jeff Bell 11 Robbins Dr Warminster Page 36 of 531 5.a) 5:30 PM Notice of Receipt[qbprQ 5a) Additional correspondence received From: Brenda Ley<brendamlev@outlook.com> Sent: May 2, 2021 10:38 AM To: DeSousa, Tammy<tammy.desousa(@oro-medonte.ca> Subject: Henry Ball Court Park, Warminster Hello Tammy I am writing to you as a resident of Warminster and home owner on Keyzer Drive in the Pine Meadows Subdivision. It has recently come to my attention that Broad moor Homes is requesting a change to the original plans of the parkland/greenspace to residential. I would like to express my opposition to this change. I understand that the township diverted funds for this playground/open space to another area however it should not mean that this park is completely omitted. When finally completed, this is going to be quite a large subdivision for Warminster and I feel that by building homes on which was originally designated parkland is a huge disservice to the residents of Warminster as well as to the new residents who bought here with the understanding there would be a park on this site. Please share my concerns at the council meeting on May 5, 2021. Thank You Brenda Ley 6 Keyzer Drive Oro Medonte, ON Page 37 of 531 5.a) 5.30 PM Notice of Receipt 5a) Additional correspondence received From: Adrienne Miscich<adriennelee26@hotmail.com> Sent: May 3, 2021 2:10 PM To: Planning<Planning@oro-medonte.ca> Subject: Planned park land in Warminster Henry Ball Court I am writing to voice my opinion as a member of Warminster Community. As of just learning that designated park land, that was set aside for our new subdivision is to not happen. That a cash donation was given in lieu of this park. And that the money is to be used to improve the one across the Hwy. When we purchased our home here on Keyzer Dr, we were told that a park was to installed eventually. How great for a young family with children. Seeing the number of new families move into the area, and the number that have children, is quite substantial. We not informed that this has change of designation to this land. We are also not happy that they feel that our children should cross busy Hwy 12 to get the the existing park, seeing how it has been proven how unsafe it is. We partitioned for lights there for a reason. I feel the builder is doing a bait and switch, he is not reputable in any way, and how dare you let him throw cash at you to get his way. Just like we have been waiting for our grading fees to be returned for 4 years now. Please do not let this shady man get away with this. This Park will mean so much to our community and children on this side of the Hwy. Adrienne and Ron Miscich 7 Keyzer Dr Oro Medonte Page 38 of 531 5.a) 5.30 PM Notice of Receiptnof a m�ie�rel i i®iai;c e�rofttl��art... 5a) Additional correspondence received From: Alexandra Crozier<alexcrozier08@gmail.com> Sent: May 3, 2021 10:05 AM To: Planning<Planning@oro-medonte.ca> Subject: Regarding: 'Notice-of-Public-Hearing-2021-B-12-B-13-555174-Ontario-Ltd.-Broad moo r-Homes' Hello, I am writing regarding the attached proposal. It was my understanding that this property was to be developed as parkland. There are many young children in the neighbourhoods close by (my 2 young children included)who would greatly benefit from having a park close by. Highway 12 is far too busy for young children to cross, and to get to the closest park that's the only route. Please consider the families already living in these neighbourhoods and keep this area as designated parkland. Alexandra Crozier Page 39 of 531 5.a) 5.30 PM Notice of RbWpt 2OZ9 Part... 5a) Additional correspondence received From: Amie Shropshire<amieshropshire@gmail.com> Sent: May 3, 2021 1:39 PM To: Planning<Planning@oro-medonte.ca> Subject: Henry Ball Park Good afternoon. I am writing in regards to the Park proposal. I have lived in Warminster for 9yrs now. I now live on the same side as the school. I am grateful there is a park at the ball diamonds for my son growing up but now we are on the other side of highway and I don't feel its safe for the kids to be playing on the street. Please keep the designated area for a park on Henry Ball. Thank you Arnie Shropshire Page 40 of 531 5.a) 5.30 PM Notice of Rece%9; 094V1 A"69QiA06i&gilrRW9rt... 5a) Additional correspondence received From: Brian Benedek<brianbenedek@yahoo.ca> Sent: May 3, 2021 11:25 AM To: Planning<Planning@oro-medonte.ca> Subject:App: 2021-B-12 & 20221-B-13 Hello, We vote NO to the loss of the planned parkland for our/the children and residents of Warminster to enjoy. We bought where we did knowing that this park would eventually be happening. There are an abundance of houses planned for Warminster overall that will generate more than enough tax dollars for Oro-Medonte to complete this park project we feel. Please for the well-being of our children and residents of Warminster say NO to a couple of more houses and yes to the park that was planned! Thanks, Brian & Tara Benedek 10 Dylan Ave. Oro-Medonte, ON LOK 2G1 Page 41 of 531 5.a) 5.30 PM Notice of Rec ycg aOor® t ptisatip(%sN37A�iC4EPart... 5a) Additional correspondence received From: Becca Buck<becca.buck9@gmail.com> Sent: May 3, 2021 10:33 AM To: Planning<Planning@oro-medonte.ca> Subject: Consent Application 2021-B-12, 2021-B-13 There has been some discussion regarding these 2 severances at 7 Henry Ball Court regarding the park land being severed into 3 lots for houses. I would like to state that I agree with the severance of the lot and the creation of the 3 lots for 3 more houses. I think it is a smart idea to make it into 3 more houses instead of"park land" which would remain empty as we already have a wonderful park in Warminster. Thank you Rebecca Buck 9819 Highway 12 Warminster Page 42 of 531 5.a) 5:30 PM Notice of Receip fy?6 Cam+ 6 6qp @ ,iM9 R�fitp rt... 5a) Additional correspondence received From: Robby <robbyyouung11@hotmail.com> Sent: May 3, 2021 7,33 PM To: Planning <Planning@oro-medonte.ca> Subject: Henry ball court land severing (would like to see a park in our neighbour hood. I think it's crazy that it's even being considered to eliminate or reduce size of it. I live at the end of the street on Keyzer, and there are many children who have started to play on the street in front of our house because there's no where else for them to play. They pick stones and leave them in the road along with other things. The park was a big selling feature as well as part of the original planing and approval which should not change. I feel like the amount of families with children in this area, having a full playground for them would be more beneficial then having an other house built. Thank you, Robby Young Page 43 of 531 5.a) 5.30 PM Notice of ReceiptpQ5C 5a) Additional correspondence received From: Tracey <tracey.kerr@hotmail.com> Sent: May 3, 2021 8.37 PM To: Planning <Planning@oro-medonte.ca> Subject: Rezoning of 7 Henry ball court I was just notified regarding rezoning of 7 Henry ball court from open space to a building lot .1 understand the need for residential housing but on this side of the highway there is no place for a park. It's nearly impossible for children to cross the highway. And the other park is not suited for younger children and Warminister side road is Not a safe walk! I was just wondering if your taking away a park on this side of the highway what are your plans for a future park where children do not have to cross the highway. Most of the children in this neighbourhood end up playing on the end of Keyzer drive on the street or on grace on the street. There are more and more homes being built on this side of the highway and yet no parkland ! We were never notified that this change was coming I found out through a friend . Just wanted to voice my displeasure with the lack of consultation with the public on this matter . Thankyou Tracey Kerr 19 Keyzer Drive Page 44 of 531 5.a) 5.30 PM Notice of Receipt ofvl�y qr �i 1p�a�ti��li� ��fnPi i s. 5a) Additional correspondence received From: Christopher Varney<Christopher.Varney@GeorgianCollege.ca> Sent: May 3, 2021 6:04 PM To: Planning<Planning@oro-medonte.ca> Subject: Henry ball rd. Property rezoning proposal I'm writing to voice my support to prevent this property from being re zoned as residential. When I moved nearby (grace st)in 2019 I was told this would be parkland which was very important to me considering I have 2 children and the closest park right now is on the other side of the very busy hwy 12. With so many more houses already approved for Henry ball looping all the way around to warminster side road it seems the last thing needed is more houses and this small park area would provide a welcome spot for families to play safely, as per the original intent of zoning this for park. Rezoning so the developer can make more money after this was already zoned as park in the original plans seems a bit greedy and unfair to those who saw plans for a park . What has happened to allow or support such a change? Thanks for your consideration Chris Varney Manager, Safety and Emergency Planning Georgian College Page 45 of 531 5.a) 5.30 PM Notice of Receipt ofMQ5 tEDA, ipatioti$(NObeeVrfaittee 5a) Additional correspondence received From: Stacey Brookes<sbrookes@rogers.com> Sent: May 3, 2021 12:24 PM To: Planning<Planning@oro-medonte.ca> Subject: Consent Application Notice of Public Hearing- May 5th Hello, We and fellow residents of Warminster have just been made aware that the property at 7 Ball Court has been sold, and is no longer to be used as parkland. None of the residents were made aware of this sale of property. We have lived here 20 years, and the only positive aspect of the development of Henry Ball Court and Keyzer Drive,was knowing that some parkland/green space was being added. With our fast growing population -the majority being young families with children -would it not make sense to retain this space as a place for all to enjoy. We need to think ahead to the future, as our land is quickly being eaten up by development. Thank you, Stacey and Josh Brookes Page 46 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... From: Meghan Kouyoumjian <mkouyoum@icloud.com> Sent: May 4, 2021 5:45 PM To: Planning<Planning@oro-medonte.ca> Subject: 7 Henry Ball court To Whom this may Concern, I am writing this letter on behalf of myself, Meghan Lavender and my husband, Michael Lavender, residents of 2 Henry Ball Court, Oro-Medonte. We are hoping you would reconsider severing this property for the intend of the builder to build more houses. We have two young children, and when we were looking for a house knew we wanted to be close to a park. After seeing that in the plans of this development there were plans to have a park on our street, we knew this would be our home. Currently, the closest park to us is the one on the other side of Highway 12. This is not convenient, nor is it safe for the residents on our side of the highway to get to, as there is not a set of stop lights at this intersection. There are plans for our builder to continue building more houses beyond Henry Ball court, meaning there will be more families residing close by, all without a safe outdoor place for our children to congregate and interact with each other outside of school. This is an important part of childhood development. Please take the fact that WE are the residents, and WE are the ones paying taxes. We decided to live here in large part of the planning for a park in this specific location, where our children can meet neighbours and enjoy the beauty that Oro-medonte has to offer. Michael and I would like to have written correspondence as to the decision that is made on this matter. Thank-you for your time, Michael and Meghan Lavender Page 47 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... From: Paul Viherjoki <pviherjoki@outlook.com> Sent: May 4, 2021 4:51 PM To: Planning<Planning@oro-medonte.ca> Subject: 7 Henry Ball Court I'm sending this message to oppose the rezoning of 7 Henry Ball court from open space to residential land. As a resident of this neighbourhood, I feel the need for green space far outweighs the need for three more homes. I have lived one street away from the park's location for 14 years and have been looking forward to this new poses for my young children since the Phase 1 website was launched. Despite the alleged consultation that took place years ago, I only learned about the cash payoff of$45,000 this week when I was informed by neighbours of this potential zoning change. In fact,the developer is still advertising the park and"state of the art children's playground area" as selling features of this subdivision. (Please see the screenshot I took today from the Meadow Acres website found below.) In my opinion, this marketing strategy reinforces the developers commitment to provide this very important green space to both the community AND those to whom they are selling homes. Even if the playground is no longer possible, I strongly encourage you to keep the current zoning in effect, as open space is this land's originally approved purpose. Thank you for your time. Paul Viherjoki Page 48 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... - � LICI�iU114 lie .�,� 4 �ssiolxnru t�l N IDI1/ 111f N 101 SS IDl} ttri}1 It1}17 1�115 Un rREET i ftRK tCT t1 lQR Yl Sqq� jN06L. �W 414�-, i, dimension, and conditions are subject1 change without Phase I of The Meadow Acres will also include a beautiful brand new community park complete with additional parking, green space and a state of the art children's playground area for you and your family to enjoy for years to come! This family- friendly community offers peace and quiet and is walking distance to Warminster Elementary School. Come Experience what The Meadow Acres has to offer, and Reserve the Lot today for your new home! Page 49 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... Q' t 1� w 3 °+ m CO 00 ' N liea _H OE O N ;p?1 sane mopeayy O 06 N U 4-0 •Q m J O CU Q N •� N N w 0 E c� C6 Q O U � CLL Q Q OCU .� i m c/ Ucu ca O = > • '` � O �a • • o a ICI N O U Page 50 of 531 5.a) 5.30 PM Notice of Receipt of a Complete Application, Notice of Part... 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U -O \ i O C E `� O fn (0 fn N N Q E 5 a Q�� MLO 0 � o -0 -0 Q V L a) U o a0 U) Ni o N c)y > a) oU� m o � c0 m : a) T U-) � ) � a) n, C0,4 c>o c u) a) N a) 0 m a) E o y` (D � Q O a) MT �/� E '� � oo 0 o 0) U) o c W VJ E � QHcoa) � - Qa�i 0 � c � c� oa) 0 N a) s -0 a) 000 o cnN > > O E o o � ) N . 0 c a) � 0 O o 0 a) coo .0)) o U_ U o Q) � M a) o -00 m � cXo � m N C 0 0sr m (0 U O O Y Q O O U ' -O ate.+ R M > (0 O • /�\ E X E ¢ Q Q 'a) (0 Q0 0 O N Q O a) O N C V O A 0 2 C 0 (0 m O C O- (0 E o N (0 U U U 2 C Q U O- O u) a) a) C -O a) O N a) a) a) C O Q N QN � � � � U) Q) � � M 0 0 O N C O ' a) 'a N a) 0 u) (0 (0 >+ U (0 (0 O (0 (0 C (0 (0 (0 � C V O -OLL (O — pLL OL 0 0 0 a) � O C 0- 0 H04 UH 0 C 00 (0 O U _0 _0 L 0 0 L C H U H Q 06 Page 62 of 531 Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2021-ZBA-03 (William Finlayson) Due to the evolving public heath situation (COVID-19), effective March 17, 2020 at 8:30 am the Township of Oro-Medonte Administration Office is closed to the general public until further notice. The Township will livestream the Public Meeting over the internet for public viewing and participation. Please refer to the Township's website (oro-medonte.ca) for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a "Complete" Application pursuant to the Planning Acton the 13t" day of April, 2021 . Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on May 5, 2021 at 5:45 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Part of Lot 16, Concession 9 (Medonte), municipally known as 372 Moonstone Road East. A key map illustrating the location of the subject lands to be rezoned, a copy of the applicants draft Zoning By-law Amendment Map Schedule and draft Reference Plan for the lots approved for Consent Applications 2020-B-23A-23B-23C are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to change the zoning of the subject lands from Local Industrial Exception 136 (LI*136) Zone to the Residential One (R1) Zone, in order to faclitate the future residential use of the lots created by severance. The proposed Zoning By-law Amendment will satisfy a condition of approval for Consent Applications 2020-B-23A-23B-23C. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by- 1. Emailed to plan ninq(o)oro-medonte.ca prior to or during the Public Hearing; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705) 487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Local Planning Appeal Tribunal and may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Further details of the application are part of the public record and are available to the nuhlic for viewing/insnectinn nn the Tnwnshin's wehsite www nrn-mednnte ca Anv vIIVUlI 1. C VVC I\ 11IC L C 11 11IIWIIIIGUVI11 11IVIU 11Iy VWlILGVL 11IIWIIIIC UWI13 VWlILC 111Vl VVlllIII their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Andria Leigh, Director, Development Services plan ning(a)oro-medonte.ca Dated at the Township of Oro-Medonte this 15t" day of April, 2021 . Location Map N Old County Rd. Moon.ston.e Rd.-E. s` Reid's Ridge y L UI O� Qt• ® Subject Lands Schedule 'A' to Zoning By-law Amendment 372 Moonstcne Road East Part of Lot 16,Concession 9 Geographic Township of Medonte Township of Oro-Medonte County of Simcoe °cd 00 LOT 15 CON 9 LOT 16 CON 9 i ASS�110 ®Land to be rezoned from Local Industrial Exception 136(LI'136)Zone to This is&hedule'A'to Zoning By-law Residential One(R])Zone Passed this day of ,2021 ®Land to remain Local Industrial Exception 136(LI'136)Zane Mayor Clerk PIN 55 51 9-911 1 (P2,—)) M117 PART 1, PLAN 51R-21456 OFLILIi 6K.'i.Fa CP,a�r1 305 Cx5fi93°,o'E P1] fe3.aoz P11 �� wse1E'7 xeeierre[ 121.x81 N3B'1 Y00'E B3.811 3b.177 6 96 PV.F �(I�gpyyRy [IG901 lclKc on xE 14 u.E an21 a.Aar5o T ra�x,x/soun, a¢s1 cwcE 0.30 EAST I p�[y a N5815'C7.5'E 83912 ©Cfi fASi Np �� Ga PART 2 E ME RE& 9 I PIN 58519—D111 NS(i'15'(15'E 83.912 p sa 39.CMM le 48.906 �_ ..17 E45T— } Q fV 35.00a � q, z CD v 4 a a �_PAR�T 4ETRE3 o 0 - o PART 3 r 2,,,, s o AREA=2030 SOl1ARE IAETRES ST �' 91111fYMG lim 3i2 OO Q' \1� 3 23.3L1i 13."3 G Fp,C[ FENCE YI r"F ��p i35 wEwni �v xoa rx a.oa xEsr v� 35.00B � 33.908 IB.q[IO O f I9sol __1__ H5B15'C5"E 83.913 sj.oea �" �,3B0) [x59T 2'E P21 (63 B,B P3] 301 N7b16'0."E MOONSTONE ROAD EAST - COUNTY ROAD NO. 19 PART 5 ROAR ALLOWANCE BETWEEN LOTS 15 AND 16, CONCESSION 9 AReA=11z squ�Re Merges PIN 58519-0004 5.b) 5:45 PM Notice of Receipt of a Complete Application, Notice of Par... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:April 15, 2021 10:44 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Complete Application and Notice of Public Meeting- Development Services Committee Meeting May 05, 2021 (2021-ZBA-03) Finlayson Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 67 of 531 5.b) 5:45 PM Notice of Receipt of a Complete Application, Notice of Par... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:April 15, 2021 9:51 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Complete Application and Notice of Public Meeting- Development Services Committee Meeting May 05, 2021 (2021-ZBA-03) Finlayson Teresa The applicant will required to obtain an entrance permit for any new or improvements to existing entrances fronting on to a Township road. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 68 of 531 5.b) 5:45 PM Notice of Receipt of a Complete Application, Notice of Par... From:Jakobi, Michelle <mjakobi@oro-medonte.ca> Sent:April 16, 2021 12:58 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Complete Application and Notice of Public Meeting- Development Services Committee Meeting May 05, 2021 (2021-ZBA-03) Finlayson Teresa, Municipal Water from the Robincrest Drinking Water System is located within close proximity to the proposed lots. Should the developer wish to investigate connection to the drinking water system, future applications should include proposed servicing and watermain extension details. Any connection to the Municipal Drinking Water System would be at the sole expense of the applicant. Sincerely, Michelle Jakobi Acting Director, Environmental Services Township of Oro-Medonte Page 69 of 531 5.b) 5:45 PM Notice of Receipt of a Complete Application, Notice of Par... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 16, 2021 10:44 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Complete Application and Notice of Public Meeting - Development Services Committee Meeting May 05, 2021 (2021-ZBA-03) Finlayson Teresa Development Engineering has No Objection to the above noted Applications. It should be noted that: An Engineered Lot Grading Plan shall be required for each of the Lots at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 70 of 531 Vew l a-J E O w O m -0 - _ ca Oa� N p •� .. p .CL Ln . 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M — a) U E a) U) O a) �' 3 C: _r U) O � � ca � � U O O x O — � •— a) Q ) 0 M (6 U ° a) a) .CL 0 a Q cu M U M �� ) N � O .� E C,r) }' E � � U O� O U) -0 - E m •� '� Q N C:) ° M a) Cu N a M M � N E '� � a) m � � E 0 .� QED a) U cn � 0 O o a) � a o � a � � 70 O � •� 0 Ea) a) � O U 0 a) •v Ov U W Q o M o Page 86 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App119 ... Inwnship of u^ :� ktlolwel Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-058 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # May 5, 2021 Minor Variance Application 2021-A-14 Roll #: 1630392 Ontario Inc. R.M.S. File #: 4346-010-005-11107 ORO CON 13 W PT LOT 11 D13-59144 RP 51 R41687, PART 1 S/E corner of Old Barrie Road East and Line 12 North Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-058 be received and adopted. 2. That Minor Variance Application 2021-A-14 by 1630392 Ontario Inc., specifically for permission to permit an apartment dwelling unit with an increased floor area of 139.4 metres on the lands legally known as Concession 13, West Part Lot 11, RP 51 R-41687 Part 1 (Oro), Township of Oro-Medonte, be deferred to allow the opportunity for the applicant 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 is located at the southeast corner of Old Barrie Road East and Line 12 North (refer to Schedules 1 and 2). The subject property has a lot area of 0.2 hectares (0.49 acres) and is currently a vacant lot, as shown in Schedules 1 and 2. The subject property was created as a result of a Consent Applications 2015-B-36- 2015-B-38 and was subject to a Zoning By-law Amendment (2018-ZBA-09) that rezoned the subject lands to a site specific Residential zone to reflect a reduced minimum lot frontage and minimum lot area requirement. In addition, this zoning by-law amendment resulted in a Site Specific EP Exception zone (EP*230) on the adjacent property to reflect that the 30 metre setback from an EP zone boundary contained in Section 5.27 would not apply to these three lots created through the consent process. Development Services May 5, 2021 Report No. DS2021-058 Page 1 of 15 Page 87 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... As a result, one of the two variances requested by the applicant being to reduce the setback from the Limits of the Environmental Protection zone from 30 metres to 20 metres is not required. The applicant is proposing to construct a single detached dwelling with a basement second unit. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 5.4 c) —Apartment Dwelling Units Accessory to a Single Detached Dwelling Required. Proposed: 70.0 square metres 753.5 square feet 139.4 square metres 1500.0 square feet 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 (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .3 — Settlement Area, Section 2.1 — Natural Heritage 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 Settlement Areas section supports residential development and intensification within these boundaries; the applicants are proposing construction of a new detached dwelling that would be permitted by these policies. Section 2.1 Natural Heritage, aims to protect natural features for the long term. This policy is relevant due to the proximity to a provincially significant wetland (PSW). Section 2.1 .8 speaks to "development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1 .4, 2.1.5, and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions." Section 3.1 Natural Hazards speaks to development to be directed outside of hazardous areas such as floodplains. Development and site alteration may be permitted in those portions of hazardous lands and hazardous sites where the effects and risk to public safety are minor, or could be mitigated in accordance with provincial standards, Development Services May 5, 2021 Report No. DS2021-058 Page 2 of 15 Page 88 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... When the above noted Consent applications were submitted and ultimately approved, there were a number of technical reports submitted to the satisfaction of the Township and the LSRCA in order to assess Provincial policies (PPS and Growth Plan), Lake Simcoe Protection Plan (LSPP), County and Township Official Plan. The reports included: • Hydrogeological Assess Report, azimuth Environmental Consulting Inc., August 2016; • Natural Heritage Evaluation, Azimuth Environmental Consulting Inc. February 2017; • Flood Hazard Assessment Summary, WMI & Associates Limited, July 19, 2017; and • Grading Plan, Riepma Consulting Inc., November 1, 2016. Favorable comments were received at that time to support both the Consent applications and the Zoning By-law Amendment application. Comments have now been received from Lake Simcoe Region Conservation Authority (LSRCA) regarding their review of this application state that the proposed new dwelling will be located 20 metres from the limit of the Provincially Significant Wetland (PSW) and partially within the floodplain hazard. Subject to DP-6.25 of the Lake Simcoe Protection Plan (LSPP), all development proposed within 120 metres of a key natural heritage feature shall require submission of a natural heritage evaluation (NHE). LSRCA is asking for a scoped NHE to demonstrate the appropriate setback to the wetland and determine if any mitigation measures are required to limit disturbance to the wetland feature. The LSRCA has also advised that basements are not permitted within a floodplain and has recommended that the proposal be revised to remove a basement within the floodplain hazard lands. Planning staff have followed up with the LSRCA regarding these comments given the technical report completed with the Consent and Zoning By-law Amendment submissions previously to clarify the scope of additional work required for the proposed minor variance request Given the LSRCA comments even though technical work was completed to satisfy the policies for the consent and zoning by-law amendment; Planning Staff are unable to provide an opinion that this minor variance application is consistent with the policies of the PPS, until further clarity is received from the LSRCA and any additional technical work is submitted by the applicant for the LSRCA's review to ensure there will be no negative impacts on the PSW to the satisfaction of the LSRCA, and whether the applicant is required to modify the proposed development to exclude any basement within the floodplain area. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Development Services May 5, 2021 Report No. DS2021-058 Page 3 of 15 Page 89 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed dwelling is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already within an established residential area. Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the Natural Heritage Systems in their Official Plans. Furthermore, Section 4.2.2.1 states "The Natural Heritage System for the Growth Plan excludes lands within settlement area boundaries that were approved and in effect as of July 1, 2017". Similarly, Section 4.2.4, Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is not applicable to this application. Section 4.2.4.1 states that `outside settlement areas, a proposal for new development..." will require a Nature Heritage Evaluation (NHE) however, this development is inside the settlement area of Rugby and therefore this section does not apply. Based on the above, this application conforms the applicable section of the Growth Plan. Lake Simcoe Protection Plan (LSPP) LSRCA has reviewed the application through their 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 dwelling will be located 20 metres from the limit of the Provincially Significant Wetland (PSW) and partially within the floodplain hazard. The residential use of the lot is existing and therefore partial location of the dwelling within the floodplain will be permitted. The dwelling will only be located 20 metres to the existing limit of the wetland. Subject to DP-6.25 of the Lake Simcoe Protection Plan, all development proposed within 120 metres of a key natural heritage feature shall require submission of a natural heritage evaluation (NHE). LSRCA is asking for a scoped NHE to demonstrate the appropriate setback to the wetland and determine if any mitigation measures are required to limit disturbance to the wetland feature. As stated above an NHE was completed with the Consent and Zoning By-law Amendment applications and therefore clarity is being sought from the LSRCA an additional work that is required. The LSRCA has also recommended that the application be modified to remove the basement from the floodplain. On the basis of the Flood hazard Assessment Summary completed in 2017, clarity is also be sought from the LSRCA to confirm whether some portion of the proposed basement would be permitted and would be outside the floodplain. County of Simcoe Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements, and minimize land consumption and servicing costs" (County of Simcoe, 2016). Development Services May 5, 2021 Report No. DS2021-058 Page 4 of 15 Page 90 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... 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 residential character of the area. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The subject land is designated Rural Settlement Area in the Township's Official Plan. The subject lands are within the Rural Settlement Area of Rugby. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. Section B5.1 .3 — Floodplain Management states that "although floodplains have not been mapped in the majority of the Township, it is the intent of this Plan that no development or site alteration be permitted within the floodway of a river or stream system. In the absence of detailed floodplain mapping, the proponent of any development adjacent to any river or stream may be required to prepare a floodplain study to the satisfaction of the Township, subject to the comments of the appropriate agencies. Therefore, based on the above, until additional clarity is received from the LSRCA and any additional technical work is received from the applicant Planning staff are not is a position to confirm if 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 Residential One Exception Two Eighty-Seven (R1*287) in the Township's Zoning By-law 97-95, as amended. Exception 287 speaks to reduced lot size and frontage. The applicant is requesting relief to the following section of the Township's Zoning By- law 97-95, as amended: Section 5.4 c) —Apartment Dwelling Units Accessory to a Single Detached Dwelling. Development Services May 5, 2021 Report No. DS2021-058 Page 5 of 15 Page 91 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... The general intent of Section 5.4 c) is to ensure that the secondary unit within the dwelling is in fact the secondary and subordinate use of the dwelling. The proposed increase to 139.4 square metres, remains smaller than the main unit that has a floor area of 180.6 square metres. On this basis staff are satisfied that the proposed apartment dwelling unit would remain secondary and subordinate to the main dwelling unit and the proposed variance would maintain the general intent 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, detract from the character of this established neighbourhood or interfere with functional matters such space for the septic system, parking or rear yard amenity area. However, proposed development within a floodplain cannot be considered appropriate. Planning Staff note that an NHE was performed in 2015 for the consent to create this lot, including the establishment the limit the EP Zone and appropriate setbacks However, this particular proposed development plan would not comply with the required setback from the EP Zone and therefore more information is needed in the former of a further EIS to determine the natural heritage impacts of the proposed development and a modified design would be required to address floodplain policies. Given the comments mentioned in the preceding sections of this report, Planning Staff is not in a position at this time to comment on the desirable development of the lot. Are the variances minor? As mentioned above, additional information is required to be submitted by the applicant to address the impact of the proposed development on the existing PSW and a modifies design would be required to avoid floodplain hazards. Therefore, Planning Staff do not find the proposed variances to be minor at this time. 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 • Conservation Authorities Act • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • Lake Simcoe Protection Plan Development Services May 5, 2021 Report No. DS2021-058 Page 6 of 15 Page 92 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... • 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 is not consistent with the Strategic Plan at this time as the proposed development has the potential to negatively impact the Township's natural features and attributes and be subject to natural hazard risks. 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 • County of Simcoe — reduced setbacks permitted, County Variance approved • LSRCA — LSRCA Permit required, scoped NHE required and basements are not permitted within floodplain hazard lands. LSRCA is recommending that the Application be deferred until such time that the required studies are submitted and the proposal is revised to remove a basement within floodplain hazard lands. Refer to Schedule 5 for a copy of the LSRCA's full comments. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Site Plan Schedule 4: Applicant Elevation Plan Schedule 5: LSRCA comments dated April 26, 2021 Conclusion: Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2021-A-14 be deferred to provide the applicant the opportunity to address Lake Simcoe Region Conservation Authority (LSRCA) comments and to determine conformity with Development Services May 5, 2021 Report No. DS2021-058 Page 7 of 15 Page 93 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... Provincial Policies, the Lake Simcoe Protection Plan and the four tests under the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services April 29, 2021 Andria Leigh, Director, Development Services April 30, 2021 Development Services May 5, 2021 Report No. DS2021-058 Page 8 of 15 Page 94 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re- Minor Variance App... Schedule 1: Location map Vul Y u7 neskoeY�a�Y'Rtl. I! ' I1I1 1 l/ 1404 1401 1904 1976 1960 1992 1998 Old Barrie Rd.E. 1895 2021 2043 1933 1356 19116 1336 Z N GI 1335 J 1211 1290 1324 Schedule 1 Location ®Subject Lands (�,tuj ,��idl-eC�vs2tf'i Proud Heritage,Exciting Future 0 100 M File Number:2021-A-14 0 I I Development Services May 5, 2021 Report No. DS2021-058 Page 9 of 15 Page 95 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re- Minor Variance App... Schedule 2: Aerial Photo 1970 1960 hone«d. 016 ldBarrie Rd.E. - L 1347 Z N N C J '1 M 1. Schedule 2 Aerial Photo Subject Lands Proud Heritage,Exciting Future 0 20 m File Number:2021-A-14 N I 1 1 1 1 Development Services May 5, 2021 Report No. DS2021-058 Page 10 of 15 Page 96 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re- Minor Variance App... Schedule 3: Applicant Site Plan e' MAi�H ikISMO / k1A7CH E%1571kG MATfN E%ISTIkG J' �� 2 0, s. 27D, ygq pr- u t MA 7-7 71.97` N57 45'E _ !- 41.57 71 7000 1 27 40 2;MOYoam smu[ �,aRa aewcew.� - C AM11 1 T-4 x& 7 —72270.50 3,93 iD fi-Yh.a4 /per � O0, s 7.4 11 270.D2 l ®�_ = .. zn.a1 z7a.ao i ,•? y / O s I ROROSED WELLING 27D2g Zl�3 7 FT. �i,o in as o I 4, u.ce.* x u 270.22 nrs s I I xo.m II s 17f,61 LLB �27i.21 xn tx ' 7 PI u 256 56539 9135(G r) 79.20 n ILa 27f 27D,15 2&9.7 f 4 1 \ Itgw.r 1 Q 33.N BB O 272. 269.9as I 49.92 11271921 MATLH EXISTIkG N57'93'35E% 79.9 / 48.42 12"� -- I n I 3 n�w1 i N 7 t uk Y�.'s1 "° PART�1, PLAA1 51R-41J087 �'' �s sn4c sD�nc s.s19r Schedule 3 Applicant's Site Plan '��J 01iY� File Number 2021-A-14 Proud HeritaRe,Excr:iia,Q Frature Development Services May 5, 2021 Report No. DS2021-058 Page 11 of 15 Page 97 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re- Minor Variance App... Schedule 4: Applicant Elevation Plan Wj --- ------ - --- R6tR E"Ar M __ 6P�ATIOM ALL C6ME1R14TWN i0 GOP7Y:RR - L8'I TO o.O.G.T]9 GlANPARob HMO I en�.w•— ;... ------y--- -W-M*"AT-M _ —_ ---------------------- Schedule 4 Applicant's Elevation Drawings �— TQL��lf File Number 2021-A-14 (`lfJ Prorad Heritage,Exea:ainQ FNraere Development Services May 5, 2021 Report No. DS2021-058 Page 12 of 15 Page 98 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... Schedule 5: LSRCA comments 10-Lake Simcoe Region conservation authority www.LSRCA.on.ca Sent by E-mail:akaraiskakis@oro-medonte.ca April 26,2021 File No:2021-A-14 IMS File No.: VA-484038-030321 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte,ON LOL 2EO Dear Mr.Karaiskakis: Re: Minor Variance Application 1347 Line 12 North Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to construct a single detached dwelling addition with a basement second unit with reduced setback from the limit of the Environmental Protection Zone and an enlarged apartment dwelling unit. 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 minimum vegetation protection zone of the adjacent Provincially Significant Wetland(Bluffs Creek Wetland)and the associated flood hazard lands of the nearby watercourse(Bluff's Creek). • The subject property is currently designated Rural Settlement Area in the Township of Oro-Medonte's Official Plan. • The subject property is currently zoned Residential Exception(R1-287)Zone. L20 Bayview Parkway T 905.895.1281 Vewmarket, Ontario DY 3W3 F 905.853,5881 Member of Conservation Ontario TF 1,800,465.0437 Development Services May 5, 2021 Report No. DS2021-058 Page 13 of 15 Page 99 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... Lake Simeoe Region conservation authority Page 2 of 3 Faaluas f�a lake Simrne Region cortserra[la�authortfi LSRCA YMIerytra Bojravey Q LSW Wad Boundary RAWAINaa Baaq.,y Ra9111 At .\ 1vu:UJJ LNkRd:�. Ass.efa111tM Piilal l IMF Q M Lot and ConGarOn +C@T 1ptARRIE. Road Ladels WatelcncnSe R.Way e��l u•-u N Lower T.r Mm odly I M 1jS1 LI O ■ 1 6'IN t M l�ew w a��a2a21 RAF Rt; �? slow 9350M M ws.owvsrr,..rnl tarz tlrrvs a' 19$91M 1 :'a+IPr+iMMhrtwLAh.A4N WrIMMr4swr.n. all 8ARA7ER0 E y�'yq�� „y�e�y� M _ e��Ylrsiw.AltC1�Fwl SeMe 1. 1.623 Whet �2 • Il !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 dwelling will be located 20 metres from the limit of the Provincially Significant Wetland (P5W)and partially within the floodplain hazard.The residential use of the lot is existing and therefore partial location of the dwelling within the floodplain will be permitted.The dwelling will only be located 20 metres to the existing limit of the wetland.Subject to DP-6.25 of the Lake Simcoe Protection Plan, all development proposed within 120 metres of a key natural heritage feature shall require submission of a natural heritage evaluation (NHE). LSRCA is asking for a scoped NHE to demonstrate the appropriate setback to the wetland and determine if any mitigation measures are required to limit disturbance to the wetland feature. 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 oradjacent to river or stream valleys,Great Lakes and inland Development Services May 5, 2021 Report No. DS2021-058 Page 14 of 15 Page 100 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... Lake Simcoe Region conservation authority Page 3 of 3 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 new dwelling will be within the minimum vegetation protection zone of the PSW and partially within floodplain hazard. The dwelling will therefore require a permit from LSRCA.The proposal includes a proposed basement dwelling unit. LSRCA does not permit basements within the floodplain subject to 5.3.6 of LSRCA's Watershed Development Guidelines. Summary LSRCA is not satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. The proposal will require a permit from LSRCA and submission of a scoped natural heritage evaluation. Basements are not permitted within floodplain hazard lands. LSRCA is recommending that the Application be deferred until such time that the required studies are submitted and the proposal is revised to remove a basement within floodplain hazard lands. Please inform us on the resulting decision for this Application. Sincerely, Shawn Filson Planner 1 Development Services May 5, 2021 Report No. DS2021-058 Page 15 of 15 Page 101 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... cOUNTYOF County of Simcoe Main Line(705)726 9300 SIMCOFOlk�" 11110 Highway 26Corporate r es Faix(705)Free 1727 984 9300 ill Midhurst, Ontario L9X 1 N6 Web: simcoe.ca March 26, 2021 Variance Number: D13-2008 Attn: Frank Lagendyk 1644 Old Barrie Road East Oro-Medonte, ON LOL 1TO Dear Mr. Lagendyk, RE: Notice of Decision County Road Setback By-law No. 5604— Request for an Exception 1347 Line 12 North (Lot 11 Concession 13), Township of Oro-Medonte, County of Simcoe The County has received your application relating to a request for an exception to the County Road Setback By-law No. 5604. The variance request is being made to allow for the construction of a proposed dwelling and septic tank system at a reduced setback from the County Road and the visibility triangle. You are requesting a reduced setback of: • 8.74 metres from the septic tank to the visibility triangle property line • 9.91 metres from the proposed dwelling to the visibility triangle property line • 12.97 metres from the proposed dwelling to County Road 11 property line 13.46 metres from the septic filter box to County Road 11 property line Based on the County's review of the proposed exception and with consideration of future road maintenance and construction, the County will permit a reduction of the setback to the distances listed above, from the property line to the corresponding proposed dwelling and septic tank system. If you have any questions, please contact the undersigned. Sincerely, The Corporation of the County of Simcoe Christian Meile, P.Eng. Director of Transportation and Engineering Cc. https://simcoecounty.sharepoint.com/sites/TRSDepartment/Shared Documents/General/D-Development&Planning/D13-Variances/Road Setback By-law 5604 Exception Requests/D13-2008-1347 Line 12 N(CR 11)-Oro-Medonte/D13-2008-1347 Line 12 N(CR 11)-Letter.doc Page 102 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 19, 2021 3:22 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- A-14) 1630392 Ontario Inc. Teresa Development Engineering ahs No Objection to the above noted Application. Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 103 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:April 19, 2021 3:16 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-14) 1630392 Ontario Inc. Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 104 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:April 22, 2021 2:48 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-14) 1630392 Ontario Inc. Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 105 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... Lake Silmcoe Region conservation authority www.LSRCA.on.ca Sent by E-mail:akaraiskakis@oro-medonte.ca April 26, 2021 File No: 2021-A-14 IMS File No.: VA-484038-030321 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application 1347 Line 12 North Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to construct a single detached dwelling addition with a basement second unit with reduced setback from the limit of the Environmental Protection Zone and an enlarged apartment dwelling unit. 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 minimum vegetation protection zone of the adjacent Provincially Significant Wetland (Bluff's Creek Wetland) and the associated flood hazard lands of the nearby watercourse (Bluff's Creek). • The subject property is currently designated Rural Settlement Area in the Township of Oro-Medonte's Official Plan. • The subject property is currently zoned Residential Exception (R1-287)Zone. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 106 oli:531.800.465.0437 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re- MinmkApAnionsaik�p... conservation authorit Page 2of3 Fesuff. Lake SIII►OOk Region [I LSRCA WalmrIed Boundary serr8tia+r auth; , © LSPP WalersAed Boundary Reg wrl eoundery Reguiaeon ryes t4Yb 016 EABRIE _ Assessment Parcel 44 9 BARRIE LoI and Canoes'" :�'.• R�f. . Road Labels Walerco w 1+79aW 'SARR IE.ImE !V[7 0CApRyE Ri. .... Roads Hal Yq.�s h9vws rL OIU CiFhpii't 4.L°c �i,1 � ® Lawee Ter Muuapalily !S l f L®1E.1 II 4t2l21 rs iw-w.m arm_ cuure.l.rr.nwrrwrrl ro.rra...� r w.iw�aanw�ir...rn wr..�rnr wn..re nr.+.�rrrrrrrrr. 9t5 UN 1�,M ' ,r � 13"LrKL1 N ��W W/rW/ll�Ri�kP Yi4i 1 1 yrpw r�.�r.r.rr ar�M..�c..rr u.rr 1' Ik IN e �l�b' an1J�sru Stab t 1.023 �•� Masers 82 0 ai 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 new dwelling will be located 20 metres from the limit of the Provincially Significant Wetland (PSW) and partially within the floodplain hazard.The residential use of the lot is existing and therefore partial location of the dwelling within the floodplain will be permitted. The dwelling will only be located 20 metres to the existing limit of the wetland. Subject to DP-6.25 of the Lake Simcoe Protection Plan, all development proposed within 120 metres of a key natural heritage feature shall require submission of a natural heritage evaluation (NHE). LSRCA is asking for a scoped NHE to demonstrate the appropriate setback to the wetland and determine if any mitigation measures are required to limit disturbance to the wetland feature. 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 Page 107 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minmk4wansaik p... conservation authorit Page 3 of 3 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 new dwelling will be within the minimum vegetation protection zone of the PSW and partially within floodplain hazard. The dwelling will therefore require a permit from LSRCA. The proposal includes a proposed basement dwelling unit. LSRCA does not permit basements within the floodplain subject to 5.3.6 of LSRCA's Watershed Development Guidelines. Summary LSRCA is not satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. The proposal will require a permit from LSRCA and submission of a scoped natural heritage evaluation. Basements are not permitted within floodplain hazard lands. LSRCA is recommending that the Application be deferred until such time that the required studies are submitted and the proposal is revised to remove a basement within floodplain hazard lands. Please inform us on the resulting decision for this Application. Sincerely, Shawn Filson Planner 1 Page 108 of 531 6.a) 6.00 PM DS2021-058, Danielle Waters, Planner re: Minor Variance App... 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File #: 4346-020-010-05567 2 Pine Ridge Trail D10-59333 & D13-59334 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2021-071 be received and adopted; 2. That Consent Application 2021-13-17 by Derek Watson to permit the creation of a new lot consisting of a lot area of approximately 0.1352 hectares (0.33 acres) and a frontage of approximately 70.25 metres (230.5 feet) and a retained parcel consisting of a lot area of approximately 0.2010 hectares (0.5 acres) and a frontage of approximately 42.62 metres (139.8 feet), be deferred, to provide the applicant the opportunity to address the comments of the Environmental Services Department and to obtain comments from the Operations Division. 3. That Minor Variance Application 2021-A-19 by Derek Watson to permit a lot area of 0.1352 hectares (0.33 acres), to recognize Pine Ridge Trail as a Front Lot Line and to recognize Horseshoe Valley Road as an Exterior Side Lot Line, for a proposed severed parcel, be deferred and to be brought forward at a future date together with Consent Application 2021-13-17. 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 2 Pine Ridge Trail, on the north-east corner of the intersection of Pine Ridge Trail and Horseshoe Valley Road. The subject lands currently support a single detached dwelling. Surrounding land uses consist of low-density residential uses and a golf course. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2. Development Services May 5, 2021 Report No. DS2021-071 Page 1 of 11 Page 118 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re: Co... The purpose of Consent Application 2021-B-17 is the creation of a new residential lot. The Applicant's Consent Sketch is included as Schedule 3. The details of the proposed consent (severance) are provided in the table below: Lands to be Severed: Lands to be Retained: Frontage: Approx. 70.25 m (230.5 ft.) Approx. 42.62 m (139.8 ft.) on Pine Ridge Trail Depth: Approx. 39.35 m 129.1 ft. Approx. 63.66 m 208.5 ft. Area: Approx. 0.1352 ha (0.33 ac.) Approximately 0.2010 ha (0.5 ac.) Use: Future single detached residential Continued single detached residential To facilitate the proposed Consent, the applicant has also applied for related Minor Variances (Application 2021-A-19) to address aspects of the proposed new lot that would not comply with the Zoning By-law. The purpose of Minor Variance Application 2021-A-19 is to seek relief from the following sections of Zoning By-law 97-95: Section 4.0, Table 1131 Required Proposed Min. Lot Area 1 0.2 hectares 0.49 acres 0.1352 ha 0.33 acres Section 6.0 Definitions Required Proposed Front Lot Line (in Horseshoe Valley Road Lot Line Pine Ridge Trail Lot Line the Case of a (shortest of the lot lines that divides a lot Corner Lot) from a public street) Exterior Side Pine Ridge Trail Lot Line Horseshoe Valley Road Lot Line Lot Line Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 —Water and Section 3.1 — Natural Hazards, are applicable to this application. This application represents limited residential development that is consistent with the PPS with respect to Rural Areas, as the lands are designated by the Township's Official Plan to generally permit this form of development. The subject lands are located in an established Rural Settlement Area (Horseshoe Valley) which is intended to be the focus of growth and development and where development is encouraged with consideration to rural characteristics, the scale of development and the Development Services May 5, 2021 Report No. DS2021-071 Page 2 of 11 Page 119 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re: Co... provision of appropriate service levels. Access to the severed and retained lands is proposed to continue to be achieved by way of a Township road (Pine Ridge Trail) that is open and maintained year-round. The subject lands are currently serviced by a private communal water system (Skyline) and a private individual onsite septic system. The applicant has proposed that the severed and retained lands be serviced by way of new connections to a Township owned and operated communal septic system, and that water be supplied to both parcels by way of the Skyline water system. However, for reasons that are detailed later in this report, the proposed development cannot be supported at this time by current service levels, but may have the potential to be supported in the future. Based on the above, the consistency of these applications with the PPS cannot be confirmed at this time. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The subject application has been reviewed by planning staff with respect to the Places to Grow policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification ... [and] 1) directing development to settlement areas Since the proposed development is within a settlement area (Horseshoe Valley), it has the potential to be supported by the Growth Plan. However, in context to Section 3.2.6 (Water and Wastewater Systems) it is in Planning Staff's opinion that it is pre-mature to permit the development at this time, for reasons that are detailed later in this report. County of Simcoe Official Plan Pursuant to Schedule 5.1 of the County's Official Plan, Horseshoe Valley is identified as a "Settlement" in the Township, the boundaries of which Section 3.5.4 of the County's Official Plan states "are shown in local municipal official plans and are considered to be the approved settlement area boundaries of this Plan." Settlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. The wide range of land uses provides an opportunity for people to live, work, shop and find recreation in one compact community. The County of Simcoe has not provided the Township with comments on these applications to- date and Planning Staff do not expect any County comments at this stage. It is the opinion of Development Services Staff that this application conforms to the County Official Plan. Township of Oro-Medonte Official Plan The subject lands are located within the Horseshoe Valley Rural Settlement Area and are designated Low Density Residential according to Schedule `D' to the Township's Official Plan. Development Services May 5, 2021 Report No. DS2021-071 Page 3 of 11 Page 120 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re: Co... Section C3 contains the policies related to the use and development of land in Rural Settlement Areas. Specifically, Section C3.2 of the Official Plan states that "Permitted uses in [this designation include] ... low density residential uses ...". Similarly, Section C14.3.4.1 (Horseshoe Valley Residential Designation) identifies the following permitted uses: single detached dwellings, home occupations, bed and breakfast establishments and private recreational uses such as golf courses and accessory uses. For the purposes of the creation a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies contained in Section D2.1 and D2.2.1 of the Township's Official Plan, in evaluating the proposed application for consent. These policies and Staff's comments are provided below: Section D2.1 — Preferred Means of Land Division Land division by Plan of Subdivision, rather than by consent, shall generally be required if: a) the extension of an existing public road or the development of a new public road is required to access the proposed lots; or, b) the area that is proposed to be developed is not considered to be infilling; or, c) a Plan of Subdivision is required to ensure that the entire land holding or area is developed in an orderly and efficient manner, or, d) more than four lots including the retained lands are being created and/or the owner is retaining sufficient lands for the development of additional lots. In Planning Staff's opinion, Consent rather than a Plan of Subdivision, would be the appropriate means through which to consider the proposed lot as infilling on a Township maintained road. Section D2.2.1 — New Lot by Consent — General Criteria Section D2.2.1 of the Official Plan contains tests for the creation of a new lot by way of Consent. These tests, along with Planning Staff's comments, are listed below: a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis: Conformity to be determined: The severed and retained parcels would front onto a Township road, specifically Pine Ridge Trail, which is maintained year-round by the Township. However, as of the preparation of this report, Planning Staff have not yet received the comments of the Operations Department, whose assessment is expected to consider the suitability and safety of a new driveway in this location and any potential road widening requirements. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Development Services May 5, 2021 Report No. DS2021-071 Page 4 of 11 Page 121 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re: Co... Conforms: No access is proposed to Horseshoe Valley Road (County Road 22). c) Will not cause a traffic hazard; Conformity to be determined: As of the preparation of this report, Planning Staff have not yet received the comments of the Operations Department, whose assessment is expected to consider the suitability safety of a new driveway in this location. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Conformity to be determined subject to Minor Variance: The proposed severed parcel will not meet the Zoning By-law's minimum required lot area and therefore the applicant has submitted a related Minor Variance Application. However, for reasons detailed below, the proposed reduced lot size is dependent on servicing by way of a Township owned and operated communal septic system, a connection to which is not yet available. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conformity to be determined: the subject lands are currently serviced by a private on- site septic system and a connection to a private communal water system (Skyline). The applicant has proposed that both the severed and retained lands be serviced by the Skyline private communal water system and that sewage disposal be provided by way of new connections to a Township owned and operated communal tile bed. In this respect, the Township's Environmental Services department has provided the following comments.- "There is currently no permitted connection to municipal Tile Field 3 for 2 Pine Ridge Trail. The Environmental Compliance Approval (ECA) for Tile Field 3 was only granted for existing connections. As such, the MECP has prohibited any additional connections unless an amendment to the ECA is submitted, reviewed and approved. The ECA also includes provisions that each lot serviced by the tile bed shall have an individual septic tank on their property. Environmental Services intends to complete an ECA amendment for Tile Field 3 to support future connections however this process can take 8-12 months with the MECP and it has not been started yet. The building department may be able to provide further comment on required systems to be in place until a connection to the municipal Tile Field 3 is permitted (i.e. ECA approval from MECP received). If connection to the tile field is ultimately permitted an individual septic tank is still required at each lot." Based on the above, the applicant's proposed method of sewage disposal is not yet available, but may be available in the foreseeable future. At this same time, Township Staff currently have no information with respect to whether the severed and retained Development Services May 5, 2021 Report No. DS2021-071 Page 5 of 11 Page 122 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re: Co... parcels can be serviced by private individual septic systems in the interim. Therefore, conformity with this section of the Official Plan cannot be determined at this time. f) Will not have a negative impact on the drainage patterns in the area; Conforms: the Development Engineering Division has advised of no objection to the applications and has stated that the proposed development would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission in accordance with the Township's policies. This is process is considered adequate to address drainage considerations. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Conforms: The retained lands are not designated or sized to accommodate development beyond the level of their current use, which is for single detached residential purposes. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area; Conforms: There are no known natural heritage feature on the lands or nearby that would be impacted by the proposed development. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Conformity to be determined: A connection to the Township communal tile bed would generally be considered to be a positive step to reduce any potential groundwater impacts. However, as per the comments of the Environmental Services Department, this would first require the Township's obtaining ECA approval from the MOECP. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conformity to be determined. For the reasons described above, Planning Staff is unable at this time to determine conformity with all of the criteria identified in Section 51(24) of the Planning Act. Based on the above, the conformity of the proposed development with all relevant Official Plan policies cannot be determined at this time. Development Services May 5, 2021 Report No. DS2021-071 Page 6 of 11 Page 123 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re: Co... Zoning By-law 97-95 The subject lands are zoned Residential One Exception 63 (R1*63) by Township of Oro- Medonte Comprehensive Zoning By-law 97-95, as amended. The development proposes a new single detached dwelling, which is a permitted use in the R1*63 Zone. The applicant has submitted Minor Variance Application 2021-A-19 to: • Permit a reduced lot area of 0.1352 hectares (0.33 acres) for the proposed severed parcel; • Recognize Pine Ridge Trail as a Front Lot Line; and • Recognize Horseshoe Valley Road as an Exterior Side Lot Line. 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. In Planning Staff's opinion, the merits of the Minor Variance application, specifically the proposed reduction in lot area, rely on the ability of the lands to be adequately serviced for sewage disposal. Therefore, it is pre-mature to complete an analysis of the four Minor Variance tests until the matter of sanitary sewage disposal has been addressed. 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 • 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 these applications, subject to the resolution of servicing, would be 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. Development Services May 5, 2021 Report No. DS2021-071 Page 7 of 11 Page 124 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re: Co... Consultations: Notice of these applications were circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Environmental Services: There is currently no permitted connection to municipal Tile Field 3 for 2 Pine Ridge Trail. The Environmental Compliance Approval (ECA) for Tile Field 3 was only granted for existing connections. As such, the MECP has prohibited any additional connections unless an amendment to the ECA is submitted, reviewed and approved. The ECA also includes provisions that each lot serviced by the tile bed shall have an individual septic tank on their property. Environmental Services intends to complete an ECA amendment for Tile Field 3 to support future connections however this process can take 8-12 months with the MECP and it has not been started yet. The building department may be able to provide further comment on required systems to be in place until a connection to the municipal Tile Field 3 is permitted (i.e. ECA approval from MECP received). If connection to the tile field is ultimately permitted an individual septic tank is still required at each lot. • Development Engineering: No objection. Engineered Lot Grading required at time of building permit application. • Bell Canada: No concerns. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Conclusion: Based on Planning Staff's analysis, it is recommended that Consent Application 2021-B-17 and Minor Variance Application 2021-A-19 be deferred, to provide the applicant the opportunity to address the comments of the Environmental Services Department and to obtain comments from the Operations Division. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Director Development Services April 30, 2021 Development Services May 5, 2021 Report No. DS2021-071 Page 8 of 11 Page 125 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re. Co... �SI �Id� 13 -� 14 28 ]. 12 11 T ` 26 Hd—.. -.111 Y R 10 9 24 8 6 22 Ie Hid9R Q°a A f A 2 20� uiy 14 yj�� 18 Q 1 7 2 17 12 5 4 14 3 -0 6 10 5 1 12 m 7 & 1 U) 8 8 `aQse 5 6 Q ¢ 10 3 LO 10 3 4 8 5 12 6 4 7 9 1 2 2 R`J 22 Horseshoe Valley Rd.W. 2 � 1 22 24 A � 3 V31 26 6 5 ID 28 1101 g 4 7 25 27 hc., 30 10 g at �29 Q12 Schedule 1 Am LocationToumship of ® Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2021-B-171A-19 ✓ I i i i Development Services May 5, 2021 Report No. DS2021-071 Page 9 of 11 Page 126 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re: Co... �-ryYasey Ra.T -Moonsten Rd. T H�esh'e•allep Old•Ba. .Rd. Ridg �.ad u ' V, �t r• � Horseshoe Valley A_ a Schedule 2 'WAS a Aerial Photo Townshipo C3Subject Lands Proud Heritage,Exciting Future 0 30 M File Number:2021-B-17/A-19 N 1 1 1 1 1- Development Services May 5, 2021 Report No. DS2021-071 Page 10 of 11 Page 127 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re. Co... Schedule 3: Applicant's Consent Sketch yey 0 Uj h-„ n 1 --- \9 d o 0 Asa z T _ o � . a Development Services May 5, 2021 Report No. DS2021-071 Page 11 of 11 Page 128 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re: Co... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 21, 2021 12:28 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- B-17 and 2021-A-19) Watson Teresa Development Engineering has No Objection to the above noted Applications. It should be noted that an Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 129 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re: Co... From:Jakobi, Michelle <mjakobi@oro-medonte.ca> Sent:April 22, 2021 10:00 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew<aquattrociocchi@oro- medonte.ca>; Robinson, Chad <crobinson@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- B-17 and 2021-A-19) Watson There is currently no permitted connection to municipal Tile Field 3 for 2 Pine Ridge Trail. The Environmental Compliance Approval (ECA) for Tile Field 3 was only granted for existing connections. As such, the MECP has prohibited any additional connections unless an amendment to the ECA is submitted, reviewed and approved. The ECA also includes provisions that each lot serviced by the tile bed shall have an individual septic tank on their property. Environmental Services intends to complete an ECA amendment for Tile Field 3 to support future connections however this process can take 8-12 months with the MECP and it has not been started yet. The building department may be able to provide further comment on required systems to be in place until a connection to the municipal Tile Field 3 is permitted (i.e. ECA approval from MECP received). If connection to the tile field is ultimately permitted an individual septic tank is still required at each lot. Michelle Jakobi Acting Director, Environmental Services Township of Oro-Medonte Page 130 of 531 6.b) 6.10 PM DS2021-071 , Derek Witlib, Manager, Planning Services re. Co... From: Moyle,Jacqueline<jacqueline.moyle@bell.ca> Sent:April 26, 2021 11:07 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: 705-21-282 RE: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021-B-17 and 2021-A-19)Watson Hi Teresa, Re: 2021-B-17 Details: • Application for Consent • 2 Pine Ridge Trail • Township of Oro-Medonte • Bell File 705-21-282 Subsequent to review by our local Engineering Department of the subject lands for the above noted consent file, it has been determined that Bell Canada has no concerns with respect to the proposed application. If there are any questions or concerns, please do not hesitate to contact me. Thanks Jacquie Jacqueline Moyle External Liaison Bell Canada Right of Way III 140 Bayfield St. FL 2 Barrie, ON, 1-41VI 3131 P: 705-722-2636 F: 705-726-4600 iacgueline.moyle(cabell.ca Page 131 of 531 6.b) 6.10 PM DS2021-071 , Der �tl�2MO&AWm WrSgOgE% &WtEg: CO... 6b) Additional correspondence received From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent: May 4, 2021 10:43 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca>; Witlib, Derek<dwitlib@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- B-17 and 2021-A-19) Watson Building Division comments are as follows; 1. Servicing for the proposed development is required to be approved prior to issuance of a building permit. 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U Page 141 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re: Minor... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-055 Development Services Catherine McLean Committee Intermediate Planner Meeting Date: Subject: Motion # May 5, 2021 Minor Variance Application 2021-A-20 Roll #: Kaleb Streeter R.M.S. File #: 4346-030-010-01510 143 Bass Line D13 59335 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-055 be received and adopted. 2. That Minor Variance Application 2021-A-20 by Kaleb Streeter specifically for permission to build a detached accessory building in the front yard with an increased floor area of 149.6 square metres (1,610.0 square feet) and an increased height of 5.3 metres (17.5 feet) on lands municipally known as 143 Bass Line, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-055. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 (a), Section 5.1.4 and Section 5.1 .6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That the applicants maintain and preserve the existing vegetative buffer on the interior property lines, or replaced with a similar vegetative buffer if destroyed; and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan 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 applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 5, 2021 Report No. DS2021-055 Page 1 of 12 Page 142 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re: Minor... Background: The subject property has a lot area of 0.44 hectares (1.08 acres) and contains a 233.4 square metres (2,512.0 square feet) single detached dwelling (according to the MPAC records) and two sheds, both 9.3 square metres (100.0 square feet). The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicant is proposing to build a detached accessory building and is seeking relief to the following sections of Zoning By-law 97-95: Section 5.1 .3 — Permitted Locations for Detached Accessory Buildings Required: Proposed: Not be located in the front yard. Located in the front yard, approximately 157.9 metres (518.2 feet) from the front lot line. Section 5.1.4 — Maximum Height Required. Proposed: 4.5 metres (14.7 feet) T5.3 metres (17.5 feet) Section 5.1 .6 — Maximum Floor Area Required. Proposed: 70.0 square metres 753.5 square feet T1 49.E square metres 1 ,610.0 square feet The applicant's site plan, elevation drawings and rendering are included as Schedules 3, 4 and 5 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1 .1.4 — Rural Areas is applicable to this application. The Rural Areas policies have been reviewed and Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement as the proposed structure is accessory to the existing residential use. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building is consistent with the Rural Development Services May 5, 2021 Report No. DS2021-055 Page 2 of 12 Page 143 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... Areas policies in the Growth Plan as the lands subject to this application are already within an established settlement area. County Official Plan The property is designated Settlements in Simcoe County's Official Plan. The Settlements Designation permits residential uses. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the proposed detached accessory building is accessory to the permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Rural Settlement Area (Price's Corners) in the Township's Official Plan. The intent of the Rural Settlement Area Designation is: • To maintain and create attractive communities with suitable amenities; and, • To ensure that settlement areas are developed in a logical and cost-effective manner. Permitted uses in the Rural Settlement Area designation include low density residential uses and by extension accessory uses, such as detached garages. The proposed variances conform to the general intent and purpose of the Official Plan as the applicant is proposing to build a detached accessory building, which is accessory to a permitted residential use in the Rural Settlement Area Designation. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97- 95. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1 . The applicant has requested relief from the Zoning By-law to permit the construction of a detached accessory building in the front yard with an increased maximum floor area and an increased maximum height to accommodate his boat, ATVs, 2 snowmobiles and a utility trailer. Development Services May 5, 2021 Report No. DS2021-055 Page 3 of 12 Page 144 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... The general intent of the Zoning By-law in prohibiting accessory buildings, such as garages, in front yards is to ensure the dwelling remains primary in both use and appearance on the lands, particularly when viewed from the street, and to ensure that there is adequate space for parking in the driveway. The applicant has requested to build his detached accessory building in front of the dwelling, approximately 157.9 metres (518.2 feet) from the front lot line. The subject lands have a very unique shape, with a very small frontage of approximately 6.1 metres (20.0 feet) and the property widens approximately 155.0 metres (508.5 feet) back from the front lot line. Upon site visit, Planning Staff noticed that neither the dwelling nor the proposed garage would be visible from the road and the dwelling would remain the first structure that you would see when you enter the property due to the location of the proposed garage in the corner of the property. In Planning Staff's opinion, the proposed garage, at 149.6 square metres (1,610.0 square feet), would be sufficiently smaller than the dwelling, at 233.4 square metres (2,512.0 square feet) according to MPAC records, and will ensure that the dwelling maintains its appearance as the dominant structure on the property. Furthermore, there is ample space for off-street parking on the lot as the driveway is over 200.0 metres (656.2 feet) long. Detached accessory buildings are subject to maximum size restrictions to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot, and to prevent over-development that would detract from the character of the area. The applicant is proposing to build a two storey detached accessory building with a total floor area of 149.6 square metres (1 ,610.0 square feet). The main level is shown to have an area of 83.6 square metres (900.0 square feet) and will be used as a 2 bay garage, and the second floor is 66.0 square metres (710.0 square feet) and will be used as unfinished storage space. The second storey has the same footprint as the first floor; however, only the areas with a ceiling height over 1 .8 metres get included in the total floor area. The height of a detached accessory building is measured from average grade to mid-roof. The applicant has requested an increase in height from 4.5 metres (14.8 feet) to 5.3 metres (17.5 feet). The difference in size between the existing dwelling and the proposed accessory building, as well as the proposed use of the building for storage will help ensure that the accessory building will remain secondary and subordinate to the primary residential use. Based on the above, Planning Staff is satisfied that the proposed detached accessory building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that due to the unique shape of the property and the mature vegetation along all the lot lines, the only two buildings that can be seen from the location of the proposed building are the large barn located on the adjacent property to the south and the oversized accessory building located at 129 Bass Line. Yet, those buildings will not be visible once the trees fill in. The proposed building will not be visible from any of the neighbouring dwellings. Although the applicant has requested to build his detached accessory building in front of the dwelling, the first building that you Development Services May 5, 2021 Report No. DS2021-055 Page 4 of 12 Page 145 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... see when going up the driveway is the dwelling due to the shape of the property and the location of the accessory building in the corner of the property. Planning Staff noted that there are a couple other properties within this section of the Prices Corners Settlement area that have obtained a variance for a detached accessory building with an increased height and increased floor area. Specifically, the owner at 129 Bass Line obtained a variance for an increased floor area of 111 .5 square metres (1,200.2 square feet) for their detached accessory building (Minor Variance 2013-A-21) and the owners at 8 Glengrove Avenue obtained a variance for an increased height of 5.36 metres (17.6 feet) and an increased maximum floor area of 112.0 square metres (1,200.0 square feet) for their accessory building (Minor Variance 2016-A-21). Due to the fact that the accessory building is not visible from the road, there is mature vegetation along all the property lines and there is precedence for other large accessory buildings in the area, Planning Staff believe that it is appropriate within this context. A similar structure may not be supportable on every property within this neighbourhood depending on size, location and screening from view. Planning Staff recommended that as a condition of the minor variance the applicants maintain and preserve the existing vegetative buffer on the interior property lines, or replace with a similar vegetative buffer if destroyed to ensure that the building remain screened from view from the neighbouring properties. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed detached accessory building is not anticipated to have any adverse impacts on the neighbouring properties as the subject lands are set back from the street, there is mature vegetation on and around the property that will screen the proposed detached accessory building and it will not detract from the residential character of the neighbourhood. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Development Services May 5, 2021 Report No. DS2021-055 Page 5 of 12 Page 146 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... 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 are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments. • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application detailing the drainage for the proposed structure and additional driveway area. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Schedule 5: Applicant's Rendering Development Services May 5, 2021 Report No. DS2021-055 Page 6 of 12 Page 147 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re: Minor... Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-20 be approved, specifically to permit construction of a detached accessory building in the front yard with an increased floor area of 149.6 square metres (1 ,610.0 square feet) and an increased height of 5.3 metres (17.5 feet) on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Catherine McLean, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services April 29, 2021 Andria Leigh, Director Development Services April 29,2021 Development Services May 5, 2021 Report No. DS2021-055 Page 7 of 12 Page 148 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... Schedule 1: Location Map Yss�RQiT � r 2 B996 .wao66m�•aa. 64 -Ave. 8980 ea�esn'o w�u r+lad- 1 74 73 i ia•T..-J" 3 $0 81 8976 5 8fi `+kiaye,rR lad V 87 8966 7 92 95 do 100 99 11 104 a, 105 8936 11 = Doreen Ave. 1 112 N 113 N 16 15 116 m 117 B930 24 17 Uve 122 123 8922 19 130 129 8910 21 13$ 135 141 1438882 4 18 Broadview Ave, 19 155 83 85 d�a 87 185 90 ® 89 204 200 27 8 23 00212 Bass 21 �@� 216 Lake 17 15 Soh 4 2 8732 11 9 Schedule 1 Location Hof w ` ®Subject Lands Proud Heritage,Exciting Future 0 150 m File Number'2021-A-20 N I i i Development Services May 5, 2021 Report No. DS2021-055 Page 8 of 12 Page 149 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... Schedule 2: Aerial Photo �y.,J 17 n sron,Rd HarsesM'o ryalle�yiad. ;a lad 3 -w N m m m. Schedule 2 Aerial Photo Towreship of Subject Lands Proud Heritage,Exciting Future o sa m File Number'2021-A-20 N I ! ! ! ! 1 Development Services May 5, 2021 Report No. DS2021-055 Page 9 of 12 Page 150 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... Schedule 3: Applicants' Site Plan PROP.Y i ,g _ r 0 0 SUM L • d: Aw no Schedule 3 Applicant's Site Plan 0��,. f J�tl�l[Pi File Number 2021-A-20 Proud Heritage,Exciting Enture Development Services May 5, 2021 Report No. DS2021-055 Page 10 of 12 Page 151 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... Schedule 4: Elevation Drawings Left liew r .......... .v Right vices 78 Rear view Schedule 4 Applicant's Elevation Drawings ' File Nu tuber 2021-A-20 Provd Heritage,E.rtatin,Q Fr+n.tre Development Services May 5, 2021 Report No. DS2021-055 Page 11 of 12 Page 152 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... Schedule 5: Applicant's Rendering moon am mom l Rendering Example le y \ Schedule 5 Applicant's Rendering lr mr�f®J�.[1�� File Number 2021-A-20 Proud Heritage,Ertv:h'a,Q Foituse Development Services May 5, 2021 Report No. DS2021-055 Page 12 of 12 Page 153 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:April 22, 2021 1:42 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-20) Streeter Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 154 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 22, 2021 8:59 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- A-20) Streeter Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application detailing the drainage for the proposed structure and additional driveway area. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 155 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... From: Peter Varcoe <peter.varcoe@hotmail.com> Sent: April 28, 2021 11.05 AM To: Planning <Planning@oro-medonte.ca> Subject: Attn; Secretary Treasurer, Development Services Reference Application 2021-A-20. 143 Bass Line, Oro-Medonte Andy Karaiskakis, In regards to the proposed detached accessory building at 143 Bass Line of which a zoning relief has been requested, we (Wendy & Peter Varcoe, 135 Bass Line) present this submission. Reference previous zoning relief for a front yard accessory building at 129 Bass Line which was not permitted. Is the second floor loft per elevation drawing commercial, residential, or storage use? Maximum height not an issue for (+/-) 3 feet. Front yard of#143 borders across back yard of#135 even though property line is 518 feet from road. With the potential of a building in the front yard corner and that the tree buffer at #143 has been cleared, it will reduce any degree of privacy along property line. If it were to be permitted, we submit that the set-back from property line(s) be revised to 3.5 metres from 2.5 metres as shown in site plan. Further, as numerous registered and unregistered surveys have been conducted since initial severance, that a current registered property line(s) survey be done by applicant. Regards, Wendy & Peter Varcoe 135 Bass Line, Oro-Medonte, On. L3V 2J9 Page 156 of 531 6.c) 6.20 PM DS2021-055 Catherine McLean, Intermediate Planner re. Minor... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:April 30, 2021 1:11 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-20) Streeter Building Division has no comments at this time. 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Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-059 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # May 5, 2021 Minor Variance Application 2021-A-21 Roll #: Svetlana Robu R.M.S. File #: 4346-030-012-47300 259 Moon Point Road D13- Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-059 be received and adopted. 1 . That Minor Variance Application 2021-A-21 by Svetlana Robu specifically to permit the construction of detached accessory building with a reduced setback from the average high-water mark of Lake Simcoe of 10.43 metres (34.11 feet) to the building and 5.53 metres (18.1 feet) to the attached deck on lands municipally known as 259 Moon Point Road, be denied on the basis that the proposed accessory building does not conform to the general intent of the Zoning By-law, is not appropriate for the desirable development of the lot and is not minor and does not meet all four tests as required by Section 45(1) of the Planning Act. 2. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: On July 2, 2019, the applicant submitted Minor Variance application 2019-A-42 to the Township to construct a detached accessory building with a porch with a reduced setback from the average high-water mark of Lake Simcoe. This application was considered by the Development Services Committee at their September 4, 2019 meeting. At that meeting, the Committee deferred the application at the applicant's request to allow the applicant to address the comments from the Planning Division regarding the additional accessory building located in the front yard requiring a minor variance. The applicant provided an updated site plan showing both accessory buildings (sheds) on September 16, 2019. The revised application was heard on October 2, 2019. The Committee approved the detached accessory building located in the front yard and denied the detached accessory building that was to be setback 15.0 metres Development Services May 5,2021 Report No. DS2021-059 Page 1 of 12 Page 168 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... from the average high-water mark of Lake Simcoe. The application was subsequently appealed by the applicant and was scheduled for an LPAT hearing. The applicant rescinded their appeal and have now submitted the subject Minor Variance application to permit the same detached accessory building however with a new setback of 10.43 metres (34.11 feet) to the building and 5.53 metres (18.1 feet) to the attached deck from the average high-water mark of Lake Simcoe which has already been constructed without a building permit and has remained on the subject lands since 2019. The subject property has a lot area of 0.13 hectares (0.32 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling, an accessory building at the front of the property, a pergola, and the accessory building subject to this application, which was built without approvals/permits. The applicant is proposing to permit a 15.3 sq. m. (164.2 sq. ft.) detached accessory building with a porch/deck attached on the lakeside. The existing dwelling has an area of 182.8 sq. m. (1967.7 sq. ft.). The applicant is requesting relief from the following Section of Zoning By-law 97-95, as amended: Table B1 1 / Section 5.30 - Setback from avera e high-water mark Required: Proposed: No building shall be located closer than Accessory building - 10.43 metres (34.11 20.0 metres (65.6 feet) from the average feet) high-water mark of Lake Simcoe Attached deck — 5.53 metres 18.1 feet The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. It has been noted by the applicant that the use of the accessory building is a sauna. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.5 — Rural Lands, Section 2.1 — Natural Heritage System, 2.2 —Water and Section 3.1 — Natural Hazards are applicable to this application. Section 1 .1.5 policies have been reviewed and Planning Staff is of the opinion that this application is consistent with the policies of this section. 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 application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Lands. Development Services May 5,2021 Report No. DS2021-059 Page 2 of 12 Page 169 of 531 6.d) 6.30 PM DS2021-059, 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. Section 2.2 and 3.1 policies have been reviewed and Planning Staff is of the opinion that this application is not consistent with this section as per the Lake Simcoe Region Conservation Authority comments that have been received. The building is only permitted for storage purposes as LSRCA will not support residential structures in hazard lands subject to Section 3.1 of the PPS. Planning Staff is of the opinion that this application is consistent with Rural Lands, however is not consistent with Natural Heritage, Natural Hazards and Water policies of the PPS. 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 application is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already within an established residential shoreline area. 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. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that while the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use given the comments received from the LSRCA as discussed above the proposed development does not conform to the Growth Plan as 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 applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Correspondence received from LSRCA dated January 20, 2020 states that they are not in support of the current location of the accessory building/deck, and that the structure must be removed or relocated. The current location does not meet the LSRCA's Watershed Development Guidelines and the Lake Simcoe Protection Act. Development Services May 5,2021 Report No. DS2021-059 Page 3 of 12 Page 170 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... As per comments received April 28, 2021 , LSRCA is not satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. The proposal will require a permit from LSRCA which will need to demonstrate conformity with LSRCA's Watershed Development Guidelines shoreline policies. LSRCA is also requesting that all structures be relocated outside of hazard lands. On this basis, LSRCA is requesting that the application be deferred until such time that any ongoing environmental compliance issues are addressed. County 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). The Rural designation permits limited residential development. Section 3.13 speaks to the Lake Simcoe Protection Plan. As per LSRCA comments, the application does not meet the policies of the LSPP. Therefore, County policies are not satisfied by the proposed development. In Planning Staff's opinion, the applicant's minor variance application does not conform to the County's Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that is in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance maintain the general intent and purpose 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 include a single detached dwelling and accessory uses to the dwelling. The Shoreline designation allows for limited shoreline development. Therefore, based on the above, the requested variance to permit the detached accessory building is considered to meet the general intent and purpose of the Official Plan. Development Services May 5,2021 Report No. DS2021-059 Page 4 of 12 Page 171 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... Does the variance maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential Exception Two (SR*2) in the Township's Zoning By-law 97-95, as amended. Exception Two speaks to the interior side yard setback of 1 .5 metres instead of the standard 3.0 metres for the SR zone. A single detached dwelling is permitted in the SR Zone and by extension an accessory use to the dwelling is permitted. The applicant has built a detached accessory building and deck and is seeking relief from the Zoning By-law to allow for a reduced setback from the average high-water mark of Lake Simcoe. The accessory building will be at the minimum 1 .5 metres from the interior lot line and as part of the building permit process would require an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) to verify by pinning the foundation wall and verifying in writing by way of survey/real property report, that the foundation is no closer than 1.5 metres to the interior lot line to ensure the already constructed detached accessory building and attached deck comply with this interior side yard setback requirement. The general intent of the Zoning By-law in requiring the minimum setback from the average high-water mark of 20.0 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. A compliance letter received from LSRCA dated January 20, 2020 states that they are not in support of the current location of the accessory building/deck, and that the structure must be removed or relocated. The current location does not meet the LSRCA's Watershed Development Guidelines and the Lake Simcoe Protection Act. LSRCA is not satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. The proposal will require a permit from LSRCA which will need to demonstrate conformity with LSRCA's Watershed Development Guidelines shoreline policies. The comments received April 28, 2021 echo the previously stated compliance letter. LSRCA is requesting that the application be deferred until such time that any ongoing environmental compliance issues are addressed. As noted above, the applicant's had previously submitted a Minor Variance to re-locate the accessory building and attached deck to be a minimum of 15 metres from the average high-water mark of Lake Simcoe in order to satisfy the LSRCA requirements. This application was denied by the Committee and the LPAT was withdrawn. Given the comments received in both 2020 and 2021 from the LSRCA, staff are of the opinion that a deferral of the application is not required. Therefore, based on the above, the requested variance to permit the detached accessory building is not considered to conform to the general intent and purpose of the Zoning By-law. Development Services May 5,2021 Report No. DS2021-059 Page 5 of 12 Page 172 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... Is the variance desirable for the appropriate development of the lot? After hearing both the applicant and the public comments that were received at the September 4, 2019 Development Services Committee meeting when this application was first discussed, Planning Staff believes that the proposed building (to be used as a sauna) has the potential to detract from the character of this established neighbourhood when used in conjunction with the short term rental accommodation use that was confirmed by the applicant and will potentially further aggravate the nuisance of the short term accommodation rental use occurring on the property to the surrounding neighbourhood. Notwithstanding the building's smaller size (3.8 sq.m./40.8 sq.ft.), the applicant has stated the intended use of the accessory building is for a sauna. Additionally, the applicant confirmed that the subject property is utilized for short term rental accommodation and the proposed sauna building has a strong potential to make the subject property more attractive to short term rental accommodation customers that may not be compatible with the established residential character of the neighbourhood. Regardless of the potential short term rental use of the property, which is not a permitted use in the Township's Zoning By-law and is the subject to a separate LPAT process, the proposed accessory building and attached deck encourage the congregation of people both inside the building and on the deck that has been constructed a short distance to both Lake Simcoe and the interior side lot line. The neighbour immediately adjacent to this structure, through the previous hearing and multiple communications, has indicated their concerns with the proposed location. While on site staff noted that the subject land does contain vegetation that provide some visual buffering for the on the neighbouring properties however based on photos of the structure at various times of the year given the close proximity to the side lot line, the structure does remain visible to neighbouring properties. The proposed structure will not interfere with functional matters such as parking and the septic system. Staff did note during the site visit that the required Planning Act sign posting was laying on the ground. The applicant has provided photos showing the sign posting was completed in accordance with the original notice requirements and has been re-posted in accordance with the Planning Act requirements. Staff are satisfied based on this the application can proceed forward for consideration at this meeting. LSRCA is not satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. The proposal will require a permit from LSRCA which will need to demonstrate conformity with LSRCA's Watershed Development Guidelines shoreline policies. As discussed above, given the previous minor variance that was denied by the Committee staff are unable to confirm that conformity can be achieved. Based on the analysis above, Planning Staff believes that the proposed development would not be considered to be appropriate or desirable for the development of the lot. Development Services May 5,2021 Report No. DS2021-059 Page 6 of 12 Page 173 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... Is the variance 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 not minor in nature as the building is anticipated to have an adverse impact on the neighbourhood as discussed at the previous public hearing and through many letters of objection, and will further aggravate the issue of a short-term accommodation rental use. Additionally, the application has not demonstrated that it can meet the LSRCA's Watershed Development Guidelines. As the proposed variance is not considered to be appropriate for the desirable development of the lot, and is anticipated to have an adverse effect on the character of the surrounding area, the variance is considered not 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 (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, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan 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. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism is promoted and strengthened. Staff is of the opinion that the applicant has not demonstrated that the proposed development will not negatively impact the Township's natural features and attributes, specifically development along Lake Simcoe. Development Services May 5,2021 Report No. DS2021-059 Page 7 of 12 Page 174 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No concerns, ELG may be required • Township Building Services — Building permit required • Township Infrastructure and Capital Projects — No objections • Lake Simcoe Region Conservation Authority - LSRCA is not satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. The proposal will require a permit from LSRCA which will need to demonstrate conformity with LSRCA's Watershed Development Guidelines shoreline policies. LSRCA is also requesting that all structures be relocated outside of hazard lands. On this basis, LSRCA is requesting that the application be deferred until such time that any ongoing environmental compliance issues are addressed. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Proposed Site Plan Schedule 4: Applicant Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-21 specifically to permit a detached accessory building with a reduced setback of 10.43 metres (34.11 feet) to the building and 5.53 metres (18.1 feet) to the attached deck from the average high water mark of Lake Simcoe on lands municipally known as 259 Moon Point Road be denied on the basis that the variance is not considered to meet the general intent of the Zoning By-law, is not desirable for the appropriate development or use of the lot, and is not considered minor and therefore does not meet all four tests under Section 45(1) of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services April 29, 2021 Andria Leigh, Director, Development Services April 30, 2021 Development Services May 5,2021 Report No. DS2021-059 Page 8 of 12 Page 175 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re- Minor Variance Ap... Schedule 1: Location Map ��nne[ane•0.d. 5 13 11 Ho eYo 11l U 9 7 Old• rrie• .C, N on� d~bfR� 5 71 1fcdee.r?` ay 498 3 1 263 255 Lake 251 Simcoe 247 369 O 243 0 w O 239 235 231 227 223 Schedule 1 AL I Location "I'ownshop of ®Subject Lands Proud Heritage,Exciting Future 14 0 100 rn File Number:2021-A-21 N I Development Services May 5,2021 Report No. DS2021-059 Page 9 of 12 Page 176 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... Schedule 2: Aerial Photo elan•0.d. Ih H....;•Yallely+U.- ab. Aik li. 1 f Schedule 2 Aerial Photo low�,-�,h,�.., Subject Lands Proud Heritage,Exciting Future 0 10 TT} File Number:2021-A-21 N I i 1 Development Services May 5,2021 Report No. DS2021-059 Page 10 of 12 Page 177 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re- Minor Variance Ap... Schedule 3: Applicant Proposed Site Plan ---- I -z i P1 LO N _ I—----------— � --� —-—-—-—-—-—-—-—-—-—-—-—-.:.R1l� CITE PLAN I IIUIS oesa sr"oa � P Schedule 3 Applicant's Site Plan File Number 2021-A-2 Proud Heritnje,Excaaia,Q Future Development Services May 5,2021 Report No. DS2021-059 Page 11 of 12 Page 178 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... Schedule 4: Applicant Elevation Drawings El E Ta , Schedule 4 Applicant's Elevation Drawings . ` ToumsLip n( File Number2019-A-42 Proud Heritage,Exciting Future Development Services May 5,2021 Report No. DS2021-059 Page 12 of 12 Page 179 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 22, 2021 12:30 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- A-21) Robu Teresa Development Engineering has No Objection to the above noted Application. An ELG may be required at the time of Building Permit Application. The determination will be made at the Zoning Certificate Application stage. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 180 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:April 22, 2021 1:41 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-21) Robu Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 181 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:April 23, 2021 11:13 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-21) Robu Building division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 182 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... Lake Silmcoe Region conservation authority www.LSRCA.on.ca Sent by E-mail:akaraiskakis@oro-medonte.ca April 28, 2021 File No: 2021-A-21 IMS File No.: VA-190370-070819 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application 259 Moon Point Drive Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to construct a detached accessory building and attached deck with relief from the setback to the average highwater mark. 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 183 oli:531.800.465.0437 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Mit*F c4RM0Ap... conservation authority Page 2of3 Features Lake SiTape Region E] LSRCA Watershed H&xxMry 13 LSPP Watershed Boundary — Cross sec4o+rrw-P1MrMff g i'Mn.,_LL k MA- — RegutatiW+bwridary Fkx+d 14n 0 raew.v iF4 _ NT OR FDCaVItin SKRwetk RegL*sbw Area �. . Awmar"ent Parcer Lot old Cahcem" Road Labels •J — Wadarc w t Roams c yasBann �Vr A- tS S M f zP rlT R w M.- Rahway Lamer T.1 M.-VOPNRy l5S N -i".iIKI GA7 1+rMq rh 4'2''ZU21 A+rr_%rrr... r.�•�r...r�m e+rw _ 251 M MT DR ►rr rfw w r.ao.rar.w��w.cra as mr>drwrt��rq�er4�+lnr�� ra.rara rasrr.wa.ac orrr.ysr r LM Mwea�w'wlMt wRlJwwagq�Ar•een+s 4ror�P�rr}r`CMr'M1lrras� Lm' r`r wt� �r$7of1ll �iMrirr Seme 1: 811 YeUa+s 41 a 21 41 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 accessory building and deck will be located within the shoreline flood/erosion hazard lands. The building is only permitted for storage purposes as LSRCA will not support residential structures in hazard lands subject to Section 3.1 of the PPS. In 2019, LSRCA had previously commented on a minor variance application to permit a detached accessory building and attached porch 15 metres from the average highwater mark. The application was denied. In 2020, LSRCA then sent an environmental compliance letter indicating that LSRCA would not be in support of an application which seeks to recognize the existing location of the accessory building and deck. LSRCA requested that the accessory building and deck be relocated outside of the shoreline hazard lands. 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 184 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Mit*F or4RM0Ap... 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 accessory building is within the shoreline regulated area and will therefore require a permit from LSRCA. As indicated above, LSRCA will require the relocation of the accessory building and deck to be outside of hazard lands. Summary LSRCA is not satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. The proposal will require a permit from LSRCA which will need to demonstrate conformity with LSRCA's Watershed Development Guidelines shoreline policies. LSRCA is also requesting that all structures be relocated outside of hazard lands. On this basis, LSRCA is requesting that the application be deferred until such time that any ongoing environmental compliance issues are addressed. Please inform us on the resulting decision for this Application. Sincerely, Shawn Filson Planner 1 Page 185 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... From:janetclair bumstead <janetclair@hotmail.com> Sent:April 29, 2021 4:21 AM To: McCartney, Garry<gmccartney@oro-medonte.ca>; Leigh, Andria <aleigh@oro-medonte.ca>; Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Greenlaw, Randy<randy.greenlaw@oro-medonte.ca> Subject: FW: 259 Moon Point Drive I noted April 28/21 the posting at 259 Moon Point Drive Notice of Public Hearing Minor Variance 2021-A-21 Hearing Date May 5. 2021 1 went to Oro-Medonte.ca and searched Public Notices. It appears to me from the diagram I saw that the property owner has applied to build what had been installed. -unpermitted -in violation of Section 28, Ontario Regulation179/06 - 100%on Lake Simcoe EPZ - in shoreline residential Zone fronting on Lake Simcoe lowlands where the homeowners service their own properties With a septic tank system and well or draw water from the lake Application 2019-A-42 to move the unpermitted oversized building back some had been DENIED on October 2, 2019 as it "Does not meet the four tests of the Planning Act" The property owner appealed to LPAT case number PL 190538. There was a telephone conference on Feb. 18, 2021 and a date for the Hearing was set for May 19,2021. The appeal by Svetlana Robu was withdrawn by letter dated March 19,2021. This new application is a total shock—it certainly DOES NOT MEET THE FOUR TESTS OF Section 45(1) THE PLANNING ACT or satisfy other regulations. Is this application even legal? I will be calling for more information. Janet Bumstead Page 186 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... From:janetclair bumstead <janetclair@hotmail.com> Sent:April 29, 2021 6:30 PM To: Planning<Planning@oro-medonte.ca>; Leigh, Andria <aleigh@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca> Cc: Greenlaw, Randy<randy.greenlaw@oro-medonte.ca> Subject: FW: 259 Moon Point Drive. Please see the response to my query re:the waterfront structure at 259 Moon Point Drive. From this information I believe it should not exist. I oppose Application 2021-A-21. Janet Bumstead From: John Macdonald Sent:April 29, 2021 3:54 PM To: janetclair bumstead Subject: RE: 259 Moon Point Drive. I also oppose and the legal maxim for Andrea is "res judicata", This thing has already been decided and there is no change. There should be a Council or administrative order to the Works Department to tear down the building at the expense of the owner as an addition to their tax bill. There is no excuse for this application. John MPD Law Firm LLP 65 Queen Street West Suite 1700 Toronto, ON M5H 2M5 Phone: (416) 366-1700 Fax: (416) 367-2502 MPD LAW FIRM LLP Professional on your team From:janetclair bumstead <ianetclair@hotmail.com> Sent:Thursday, April 29, 2021 3:45 PM To: John Macdonald <macCcDmpolawfirm.com>; Subject: FW: 259 Moon Point Drive. Re: Public Hearing May 5, 2021 Application 2021-A-21 5.30 Oro-Medonte By-laws Setback Page 187 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... "The provision shall also not prevent the expansion or replacement of buildings or structures that existed....... .....provided the expansion or replacement does not have the effect of reducing the setback from the average high water mark or increasing the volume or floor area of a building or structure in a minimum required yard." (There was a covered boat rack for 2 kayaks and 1 paddle board with a plywood backing.This was told by the owner at the September 4, 2019 hearing.) It was removed and the present oversized unpermitted building covers a great deal more EP land than that small footprint. In my opinion that is not a minor change. Table B1 The Minimum lot area for SR Single Detached Dwelling is .49 acres. 259 Moon Point Drive lot area is .34 acres. Also: Special Provisions 1. No building shall be located closer than 65.5 feet from the average highwater mark of Lake Simcoe. I strongly oppose Application 2021-A-21. Janet Page 188 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... May 5, 2021 Development Services Committee 6d) Additional correspondence received From: Dodi Weill <dodiweill@gmail.com> Sent: May 1, 2021 9:34 AM To: Planning<Planning@oro-medonte.ca> Subject: Denying the sauna that is too close to the lake at 259 Moonpoint, Having read the planning report I am pleased planning has recommended to deny. Please send me a copy of the final decision re: 259 Moon Point Drive. Re: Variance Application 2021-A-21 Thanks, and be well, Mrs. Weill. Page 189 of 531 6.d) 6:30 PM DS2021-05 W%X6 lance Ap... 6d) Additional correspondence received From: dmgowland@rogers.com <dmgowland@rogers.com> Sent: May 2, 2021 6:43 PM To: Planning<Planning@oro-medonte.ca> Cc: Greenlaw, Randy<randy.greenlaw@oro-medonte.ca>; Hughes, Harry<harry.hughes@oro- medonte.ca> Subject:Application 259 Moon Point Drive Please submit this letter to the Agenda for the May 5 Hearing with regard to the Minor Variance Application for 259 Moon Point Drive. With Thanks, Donna Gowland Donna M. Gowland B.Sc.N. www.holisticmedicineorillia.com Page 190 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... Attention Planning Department, Oro-Medonte Re: Minor Variance Request - 259 Moon Point Drive My neighbours & I have suffered ongoing stress, irritation & excessive time expenditure due to the disrespect & lack of responsibility exhibited by this property owner. It is both shocking & disheartening that this owner, although now thoroughly educated & informed, is not at all in alignment with how we operate as a community of people who respect each other while striving to be stewards of the shoreline & waters of Lake Simcoe. My list of concerns is as follows: 1. The building was built without a permit. 2. The owner has applied for a permit to construct a building which already exists. 3. It has already been deemed by Planning to be against the by-laws as it is too close to the shoreline, is larger than 10 x 10 & is being utilized as a Spa even though referred to as a shed. 4. The owner was instructed to remove this structure & has defied this order. 5. Incidentally, the owner was granted a variance for a shed at the roadside of the property but still does not respect the fair-minded generosity extended by the township & neighbourhood. Questions which arise for me after receiving this notice are as follows: 1. Why is the owner granted the opportunity to apply for a permit for an illegal structure that already exists? 2. What has happened to the proper procedures that are to be enacted when the requests of the Planning Department & LSCA are ignored & by-laws continue to be defied? 3. Why are we being asked once again for feedback? We have already clearly indicated our disapproval. This exceedingly long process is once more delayed. Who has authorized this? We would simply like everyone to be subject to the same rules & standards which were created to protect & now restore Lake Simcoe. Page 191 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... We have been patient as a great deal of time has passed since this building was first constructed. (Winter of 2018) This issue has caused on going stress for those of us who live close by. We have done our part, the decisions have been made, due process should have been followed. Yet we begin again! In addition to the issue of the illegal structure, we have been plagued with late night noise, shoreline disturbance from watercraft speeding too close to shore & loud, vulgar language when this shoreline single family dwelling operates as a STR. In conclusion, I uphold & whole heartedly support the recommendation by Planning to deny this application. We count on our Council & Planning Department to be the protectors & enforcers of our by-laws. Those of us who are doing our best to be respectful of the rules trust that our elected officials will act in a swift & effective manner to put an end to this ongoing disturbing situation. I would like to be notified of the decision of Development Services & I plan to attend the meeting virtually on Wednesday May 5. Respectfully, Donna M. Gowland Page 192 of 531 6.d) 6.30 PM DS2O21-059, Danielle Waters, Planner, re: Minor Variance Ap... May 5, 2021 Development Services Committee 6d) Additional correspondence received From: Anna Arnold<annaarnold@rogers.com> Sent: May 3, 2021 10:17 AM To: Leigh, Andria<aleigh@oro-medonte.ca>; McCartney, Garry<gmccartney@oro-medonte.ca>; MayorHughes@oro-medonte.ca; randygreenlaw@oro-medonte.ca Subject: Minor Variance Application for 259 Moon Point Drive Re:Public Hearing,May 5,2021 Application 2021-A 21; Minor Variance Application;259 Moon Point Drive Carl and Anna Arnold oppose the minor variance of the already built building built without permits.. In June,2019 the council requested that the building be relocated or removed from the property.The building remains in place at the edge.Nothing that I have read indicates that either Township Planning or Lake Simcoe Region Conservation Authority have recommended that the minor variance be granted. The property owner seems to totally disregard bylaws and regulations.If approved you are setting a precedence in the area. Yours truly Anna and Carl Arnold 239 Moon Point Drive Oro Medonte Page 193 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... 4101 y z y � a ry a� Q N O N O Cu CU CL CL Q � U 0 4-0 C: C: Cu> O N a) 0O U), a) OY O (� _ LO . . . . C G N 0 tq . . U) a O t� E U •� i Nw O c.� Page 194 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... 4101 U Cu o z � O CO 0 U M ,� n/ m Cn _0 0) � � O i V O Q lN O E T CO r O LO 0)L6 N ca CDU O — � a--� U C- O o � � p Cu C- o � E aaa Cu (D .V Cu 0) 0 CL � �� •O a) CuCu QCu EO W O O (D C:)l. OCu C) T N W L — o cU (D C6 a) `� Cu1-1 Cu CI) (� O .� U Q CO N Q Cu N 0 (D OM 0 . Cu C N (D � � 11-1 . . (D � E -0 U) in 0 0) a) O C _0 C M a) ai (D W L '- Q � a) �� CO 0 E CL -a � � z° C Page 195 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... a NO L.L ' r Q O N O Cu CU CL CL Q N CU Cu .L- C6 O o 0 m a L Q Page 196 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re- Minor Variance Ap... w ir�re�r �orxsnv�ss�e►i� ---- o z I E: O i I i � I 3 i N � i I O CL ! ! � CL j I;li! ww.rww VMI2iQ INIdd NOON 69Z w C� Cu O c� v CL CL Q Page 197 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re- Minor Variance Ap... 4101 ry ...z.�_:... a O F, 3QIkO 340Ge1lf�i - fFF 30Yi1D�IYOBI J�/df� CO CU CL CL • • i ia,�cs�oa+r�r� .Cu > O � - v CL CL Q Page 198 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re- Minor Variance Ap... 4101 , o - - > A �- O I op r U O Cu CU CL CL Cu Cu o � O Q O }, G � � O Page 199 of 531 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... w ry � o x r /\ W Q 4_+ C� 0) CL x W Y ` S I`? U Cu Cu , i i._i t _0 0) LU Page 200 of 531 y r tip'. 6.d) 6-30 PM DS2021-059, Danielle Waters, Planner, re- M.-inor Variance Ap -401 1 • • • • 1 • 1 • • • • • Cu CL • :Y: 1 1 • • 1 .air. .r - �r.a. w. ' • ' Ca.,s,,,. �. J• J . .7'. • r � � �JF • k • y /`r • Page of 6.d) 6.30 PM DS2021-059, Danielle Waters, Planner, re: Minor Variance Ap... 4101 0) LO W 0 S y-- b In (1) 01 to O Q � z -0 010 -6 m a 70 Z3 - 0 M Cu L N 4- — O Cu O N w' C: ILYL L ) 0 � CU (0 (1) Q 0 �• O a) OL C Q,- U Q � 0 O � L N � 0 0 O N G\1 O O a) (n C (D (D E 0 �� . Cam - O N E ' � a) CD _0 N O0 � N °- � oL � m U N "J (n O U E p u E _ U U) E }� Q� 0 U Z3 J 32 •� — N (� oo �, cLa — U ._ (D E . �. CL o � � p C a 1 o C -0 E 0 > O N a) 0 0 m ` Q 01 U L a) O C 4- N M 70_0 (n O Cu -0 O_ L -0 C +J U T— Q a) O N Q e O O Q U �. O C N 0 O U .5� (6 to a) Q L � O O Cu z m a) U U O O O -0 — C N — +� L N (n m m N 0 — E E L, Q (6 _ a) O > U O H H E Q-o Q a) N C7 Page 202 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re: Mi... 0 7nwnship of Orz Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-069 Development Services Committee Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # May 5, 2021 Minor Variance Application 2021-A-22 Roll #: by David & Kerissa Govender R.M.S. File #: 4346-010-002-21854 35 Landscape Drive D13 59337 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2021-069 be received and adopted; 2. That Minor Variance Application 2021-A-22 by David & Kerissa Govender, specifically to permit an accessory apartment dwelling unit with a floor area of 130 square metres (1400 square feet), for a property located at 35 Landscape Drive, be approved, subject to the conditions as outlined in Report DS2021-069. 3. The conditions are as follows: a) That notwithstanding Section 5.4(c), the development shall otherwise comply with all other applicable provisions of the Zoning By-law, including complying with parking requirements at all times; b) That the development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant demonstrate to the satisfaction of Township how pedestrian access through the southerly interior side yard to the proposed Unit B entry door will be achieved without negatively impacting grading and drainage and, if necessary, obtain approval of the appropriate Engineered Lot Grading Plan; 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. Development Services May 5, 2021 Report No. DS2021-069 Page 1 of 12 Page 203 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re: Mi... Background: The subject lands are located at 35 Landscape Drive and currently support a 1.5-storey, single detached dwelling. Surrounding land uses consist of single detached residential uses. 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-22 is to permit the establishment of apartment dwelling unit in the basement of an existing single detached dwelling. The applicant has requested the following variance: Section 5.4 c —Apartment Dwelling Units A cessory to a Single Detached Dwelling Permitted. Proposed: Maximum Floor Area 70 square metres Maximum Floor Area 130 square metres (753.5 square feet) (1400 square feet) The applicant's site plan and basement floor plan are attached as Schedules 3 and 4 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. 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 applicant is proposing construction of an apartment dwelling unit inside a single detached dwelling, which requires Minor Variance approval under the Planning Act and therefore represents development within the meaning of the PPS. In the case of this application, the following sections of the PPS are applicable: • 1 .1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns; • 1.1.3 Settlement Areas; • 1 .1.4 Rural Areas in Municipalities; and • 1 .4 Housing. Section 1.1 (Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns) states in Section 1.1.1(b) that, "Healthy, liveable and safe communities are sustained by... accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi- unit housing, 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". Development Services May 5, 2021 Report No. DS2021-069 Page 2 of 12 Page 204 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... Section 1 .1 .3 (Settlement Areas) and Section 1 .1.4 are applicable because the subject lands are located within the Horseshoe Valley Rural Settlement Area. Settlement Areas shall be the focus of growth and development (Section 1.1.3.1), where land use patterns within settlement areas shall be based on densities and a mix of land uses (Section 1.1 .3.2) including accommodating a significant supply and range of housing options through intensification and redevelopment where this can be accommodated taking into account existing building stock (Section 1.1.3.3). Section 1.4 (Housing) requires that municipalities at all times maintain a minimum of 15 years of land supply through residential intensification and redevelopment (Section 1.4.1(a)) and provide for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents (Section 1.4.3). Based on the above, Planning Staff finds this application to be consistent with the policies of the PPS, because it would contribute to the Township's achievement of the above-noted policies. A Place to Grow, 2020 (Growth Plan) The Growth Plan provides a long-term plan to manage growth and protect the natural environment. In the case of this application, the following section of the Growth Plan are applicable: • 2.2.1 Managing Growth; • 2.2.6 Housing; and • 2.2.9 Rural Areas. Section 2.2.1 works to achieve complete communities that feature a mix of land uses and provide a diverse range and mix of housing options, including additional residential units (Section 2.2.1 .4(c)). Section 2.2.6 (Housing) directs municipalities to support housing choices by identifying a diverse range and mix of housing options and densities, including additional residential units (Section 2.2.6.1(a)(i)). Section 2.2.9 is applicable because the subject lands are located within the Horseshoe Valley Rural Settlement Area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020, because it would contribute to the Township's achievement of the above-noted policies. County Official Plan Pursuant to Schedule 5.1 of the County's Official Plan, Horseshoe Valley is identified as a "Settlement". Settlements are intended to be the focus of population and employment growth (Section 3.5.1) and developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. Section 3.5.30 speaks to the policies in the Plan that a range of types of housing be provided within the County. This would include apartment units and a mix of affordable housing. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. The proposed apartment unit will contribute to the diversification of the housing stock as the Development Services May 5, 2021 Report No. DS2021-069 Page 3 of 12 Page 205 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... proposed units will allow for a different residential option to ownership of a single family dwelling and provide for increased affordability in the area. The County of Simcoe has not provided the Township with comments on these applications to- date and Planning Staff do not expect any County comments at this stage. It is the opinion of Development Services Staff that this application conforms to the County Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 16(3) of the Planning Act requires municipal Official Plans to authorize second units: • In detached, semi-detached and row houses if an accessory building or structure does not contain a second unit; and • In a building or structure accessory to these housing types provided that the primary dwelling does not contain a second unit. Section 35.1 requires that each local municipality ensure that it's zoning by-law gives effect to the policies described in Section 16(3). The Township of Oro-Medonte currently has Official Plan policies and Zoning By-law Provisions that under certain circumstances permit accessory apartment dwelling units within single detached dwellings in some residential zones. 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 general purpose and intent of the Official Plan is maintained; (2) whether the general purpose and intent of the zoning by-law is maintained; (3) whether the variance is desirable for the appropriate development or use of the land, building or structure; and (4) whether the variance is minor. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance maintain the general purpose and intent of the Official Plan? The subject lands are with a Rural Settlement Area (Horseshoe Valley), as designated by the Township's Official Plan. The intent of the Rural Settlement Area designation (Section C3) is: • To maintain and create attractive communities with suitable amenities; and, • To ensure that settlement areas are developed in a logical and cost-effective manner. Permitted uses in the Rural Settlement Area designation include, among others, low density residential uses. Section C14 of the Official Plan contains policies specific to the Horseshoe Valley Rural Settlement Area and identifies the subject lands to be within the Horseshoe Valley Low-Density Residential designation. The permitted uses of this designation include single detached Development Services May 5, 2021 Report No. DS2021-069 Page 4 of 12 Page 206 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... dwellings, within which the Township's Zoning By-law permits apartment dwelling units within specific zones. Planning Staff are of the opinion that the proposed variance conforms to the Official Plan. Does the variance maintain the general purpose and intent of the Zoning By-law? The subject property is zoned Residential One Exception 140 (R1*140) according to Zoning By-law 97-95, as amended. The permitted uses of the R1*140 Zone (Section 7.140) include single detached dwellings. Section 5.4 (Apartment Dwelling Units Accessory to a Single Detached Dwelling) permits a maximum of one (1) such apartment unit in a single detached dwelling in the R1 , RUR1, RUR2 and A/RU Zones, provided: a) the single detached dwelling has a gross floor area greater than 110 square metres (1,184 square feet), exclusive of the apartment dwelling unit; b) the minimum floor area of the apartment dwelling unit is 50 square metres (538 square feet); c) the maximum floor area of the apartment dwelling unit is 70 square metres (753.5 square feet); d) the apartment dwelling unit has a means of egress to the outside that is separate from any means of egress for another dwelling unit; and e) a window opening in the apartment dwelling unit having an area of 0.30 square metres (3.23 square feet) is located above grade. Also applicable is Section 5.19 (Parking Standards), which includes the following minimum parking requirements: • Single detached dwelling — minimum of 2 parking spaces • Accessory apartment dwelling unit — minimum of 1 parking space The proposed development complies with all of the above-noted provisions, except for Section 5.4(c), because the proposed floor area of 130 square metres (1400 square feet) exceeds the maximum permitted 70 square metres (753.5 square feet). The general intent of the Zoning By-law in requiring a maximum floor area for an accessory apartment unit, is to ensure that it is secondary and subordinate to the main dwelling unit. In the case of this application, the proposed basement apartment would still remain smaller than the approximately 214 square metre (2300 square feet) floor area (main floor and upper partial storey) of the existing single detached dwelling. In Planning Staff's opinion, the proposed apartment would remain secondary and subordinate to the main dwelling unit. With respect to parking, the subject lands have total of four (4) available parking spaces: two (2) spaces inside the attached garage and two (2) spaces in the driveway. Since the proposed development would require a minimum of three (3) parking spaces (2 spaces for the main dwelling and 1 space for the apartment), the application satisfies the parking requirements of the Zoning By-law. For the reasons outlined above, Planning Staff is of the opinion that the requested variance maintains the general purpose and intent of the Zoning By-law. Development Services May 5, 2021 Report No. DS2021-069 Page 5 of 12 Page 207 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... Is the variance desirable for the appropriate development or use of the land, building or structure? While the proposed development would satisfy the Zoning By-law's parking requirements as detailed above, Planning Staff notes that this would necessitate that the applicant ensure that the necessary parking (minimum of 3 parking spaces) are available at all times, including ensuring that the parking within the attached garage does not become blocked through personal storage, etc. Therefore, the desirability of the variance will depend in part on the applicants fulfilling their responsibility to provide adequate parking. Planning Staff have recommended a condition of approval to this effect. Another functional aspect that affects the desirability of the variance is the proposed means of access into the apartment. The applicant has proposed to install a door on the south side of the dwelling, which would allow the occupant(s) of the apartment to enter the apartment by walking through the southerly side yard and through the attached garage, then down a set of stairs into the basement. Since there is presently a grassed drainage swale within the southerly side yard, it will necessary for the applicant to create a safe surface (walkway) from the driveway to the proposed entrance. The manner in which such a walkway is constructed has the potential to impact the grading and drainage of the subject lands and the adjacent property to the south. Planning Staff have verbally discussed this detail with the Manager, Development Engineering, who has recommended that, as a condition of Minor Variance Approval, the applicant should submit a detailed design of the proposed pedestrian access to the entry door and that an Engineered Lot Grading Plan could potentially be required, to demonstrate that the appropriate drainage functionality will be maintained. The Township has received public comments expressing concern regarding nuisance and the adequacy of the size of the rear yard to provide amenity space for the occupants of both the main dwelling and the proposed apartment. Planning Staff is of the opinion that between the existing rear yard amenity space on the subject lands and the available parkland and public open space in the surrounding community, there is ample amenity/recreation space available to accommodate the needs of all residents. Any matters of nuisance would be associated with individual behaviours and the applicant's management of the occupants/tenants of the proposed apartment, and are not land use planning matters. Based on the above, Planning Staff is the opinion that the variance is desirable for the appropriate development or use of the land, building or structure, provided that appropriate conditions of approval are imposed with respect to matters such as parking and the path of entry into the proposed apartment. Planning Staff have in this report recommended specific conditions to this effect. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact, taking into account the totality of the variance's potential impacts on the subject lands and the surrounding community. For the reasons and in the manner (conditions) outlined above in this report, Planning Staff are of the opinion that the requested variance would not change or interfere with the function/use of the subject lands, would not negatively impact the use and enjoyment of surrounding properties and would not detract from the residential character of the neighbourhood. Development Services May 5, 2021 Report No. DS2021-069 Page 6 of 12 Page 208 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... 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 • 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: 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: • Development Engineering: No objection. Verbally advised that more information regarding the design of the proposed access to the entry as it relates to grading/drainage is recommended as a condition of approval. • Operations Division: No comments. • Correspondence from resident of 31 Landscape Drive: concerns regarding adequacy of back yard space and potential noise impacts associate with additional residents on the subject lands. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Floor Plan for Basement Apartment Development Services May 5, 2021 Report No. DS2021-069 Page 7 of 12 Page 209 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re: Mi... Conclusion: Based on Planning Staff's analysis it is recommended that Minor Variance Application 2021-A- 22 to permit an accessory apartment dwelling unit with a floor area of 130 square metres (1400 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 April 30, 2021 Development Services May 5, 2021 Report No. DS2021-069 Page 8 of 12 Page 210 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. 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V IAiMIY 46 Mftwft 4 r Schedule 2 Aerial Photo Wownship of Subject Lands Proud Heritage,Exciting Future 0 10 m File Nw-nber:2021-A-22 I i Development Services May 5, 2021 Report No. DS2021-069 Page 10 of 12 Page 212 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... Schedule 3: Applicant's Site Plan I -------------------❑ F- I I I V I I I „tr-s I I w Cj I = I L w - O ro o I � I N I D w z zw I I w r l l-,tr I < d I I ' I N W C} I WAD U� I U I I I _ I I O „6-,6 I � I I I I _-_-_-_-_-_-_--�- w 7 Y a Development Services May 5, 2021 Report No. DS2021-069 Page 11 of 12 Page 213 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... Schedule 4: Applicant's Floor Plan for Basement Apartment t VENT TO E%TERIGR 23-1 D}" ENSURE WINCIDW MEET NEW EGRESS REOUIREMENT! PLUMBING x } BED #2 LIVING/DINING K arm.'r9 P173 5F cs 218 SF I fl 10.9 SF MIN GLASS 4 °I 24 48 &0 a 48 SLOPED CLG FROM STAIRS ABOVE NEW PLUMBING z a APT. E3 µmt b 13ED #3 128 SF VENT TO ex I EXTERIORMASTER w I 2G�OF-y S 3Dl80 I ' V -rr 1 i 49/80 I 7 � I I 32'-0" NOTE SOuE ExTERIOR WALL, ry UP' (SUPPORTING F_R. CEILING) T� APT. A BLOCK OR POURED CONC W ;n IF SNp KNEE WALLS ADD 1 EO FFT- ~�1 UP A� 32/80 ENTRY 14R 1 11 1 1 1 A (COMMON SPACE) — A3.1 NEW LANDING ABOVE ? MEGH 2x4 018" D.C. THICKEN SLAG UNDEF WALL TO fi° 2X6 616" O.C. 10"REINFORCED CONC BLK . — - - — ON 20°x6" FTG SEE DETAILS A3.1 a HATCH INDICATES REMOVAL&REPLACEMENT OF CONC SLAB AS NEEDED PROVIDE 3ND 511 PP-OR I,SHUT OCWN F FURNACE MECHANICAL WHERE POS! SOUND RATI WHERE THIS PROVIDE 1 ; ALL LOAD i TO HAVE 1 PROPOSED BASEMENT FLOOR nlfdl FNSIO Development Services May 5, 2021 Report No. DS2021-069 Page 12 of 12 Page 214 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 22, 2021 8:52 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- A-22) Govender Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 215 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:April 22, 2021 1:43 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-22) Govender Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 216 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... From: Laurie Forbes<laurieforbes@hotmail.com> Sent:April 24, 2021 9:43 AM To: Planning<Planning@oro-medonte.ca> Subject: application 2021-A-22 RE: APPLICATION 2021-A-22 35 Landscape Dr. Oro Medonte I understand property owners moving forward on renovating living space to increase revenue flow. My only concern with this proposed 3 bedroom apartment space at 35 Landscape Dr.has to do with the implications for outdoor space,the number of additional people that would impact the existing property space, noise, and additional requirements for barbecues,toys,patio equipment etc. The properties on the east side of Landscape are small, and the backyards very small. In addition they abut property backyards on Oakmont Ave. In my opinion our backyard space can realistically only support one family.Noise levels are the main factor. This apartment proposal is meant to appeal to a family with at least two children,perhaps more. The question I would put to the property owner is how the expectation by renters for outdoor space could be managed in order to be respectful of neighbouring properties?The drawing that has been submitted does not show the measurements of the backyard. I estimate it to be approximately 18ft.x 49ft. Laurie Forbes 31 Landscape Dr. Oro Medonte TWP. Page 217 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:April 30, 2021 1:10 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-22) Govender Building Division has no comments at this time. Garry McCartney Chief Building Official Township of Oro-Medonte Page 218 of 531 ervic 6.e) 6.40 PM DS2021-69, Dea7A AM�92 ��e 'ervi es, re: Mi... To: Oro-Medonte Development Services Committee Date: April 30, 2021. Subject: 35 Landscape Drive Application From: Mark Lewington —21 Landscape Drive Oro-Medonte On the 29t" of April it was brought to our attention that there is an application for a 3-bedroom basement apartment at 35 Landscape Drive. This area is all single residence homes and the owners that are requesting the application are stating that this is for their parents so that they can move in. This seems strange to us. If my parents were to move in with us we would not require a permit and a separate entrance. Therefore we assume they are applying to rent to a family or start another AirBNB. One of the issues that we see is parking. Everyone walks our streets daily whether for exercise or to walk their dogs etc. Children run, play hockey, basketball etc. and many park on our streets when they have company/visitors, contractors working at their homes and Landscape is a very busy well- traveled street. Walking is sometimes a challenge to maneuver around the parked vehicles, kids on the street with their skateboards, bikes etc. and public transportation does not run in Oro which means a dual family will definitely add more cars. What comes next is this lovely community where people look after their homes and lawns will end up using the front lawn for parking. We are told (Note we did not receive notice of this application so we are going by what we are told) that this apartment will almost 2x the size that our existing by-law permits. Interesting how our subdivision continues to change. When we purchased we were told by the builder that is a adult living community. Now families have taken over which we have no issues with however we struggle with all the AirBNB and rental properties as they do not take care of their homes. Thank you for your attention to this matter and we hope that this issue will not move forward. Regards Mark & Laurie Lewington Page 219 of 531 6.e) 6.40 PM DS2021-69, Derek WAU�5,W @G@ QropPn]l WRge$eZMilq@there: Mi... 6e)Additional correspondence received From: Doris Howell <howell.doris48@gmail.com> Sent: May 1, 2021 11:18 AM To: Planning<Planning@oro-medonte.ca> Cc:Jim Howell <jimhowe111750@gmail.com> Subject:Application 2021-A-22 35 Landscape Drive We are not in favour of the proposed change/ relief to Zoning By-Law 97-95 Section 5.4(c) Currently, there are several homes off of Landscape Drive and Oakmont(including 35 Landscape) that share a backyard space with no fencing. This communal arrangement requires a mutual respect of each others space and privacy in order to provide for reasonable peace and enjoyment. Allowing a 3 bedroom apartment would unnecessarily impact this arrangement and undoubtedly create an imbalance and potential conflict. In addition we moved to this area to get away from dense housing and multi-family home scenarios. While we understand that a 753.5 sq ft apartment is permitted under the current by- laws we strongly object to any change to the existing by-law. Approval of this request would set a precedent that would undoubtedly encourage others to do the same and change the dynamic of the neighbourhood. Sincerely Jim and Doris Howell 37 Landscape Drive Page 220 of 531 6.e) 6.40 PM DS2021-69, Derek WitAWyMJPd�PeIP4anr ingvSerM tt : Mi... 6e)Additional correspondence received From:Jan Watson <janetpwatson@icloud.com> Sent: May 2, 2021 12:48 PM To: Planning<Planning@oro-medonte.ca> Cc:Veitch, Ian <ian.veitch@oro-medonte.ca> Subject: 35 Landscape Drive "Minor Variance" Application To: Mayor Hughes and Members of Councillors Re: Minor Variance Application 2021-A-22 by David & Kerissa Govender,35 Landscape Drive. The application for minor variance to construct a fully contained, 3 bedroom basement apartment appears to be for rental revenue. If it were being constructed as a"granny suite" it would not require separate entrances to be constructed. My mother-in-law lived with us at our current address for 4 years and we did not require multiple separate entrances to the basement. The proposed side entrance with staircase located at the rear of the garage will no doubt preclude vehicles from parking indoors. The subject property has the smallest back yard of all of the Horseshoe Valley Highlands residences. The back yard will not support multiple families outdoor living requirements. Most of the local residents moved to Landscape Drive and Oakmont with the knowledge that they were purchasing homes zoned as single family residences. If this application is approved what assurances do the neighbours have that the Township will ensure the property is not being used as a duplex multi-family rental building? For these reasons I absolutely oppose this application. Janet Watson 26 Landscape Drive Page 221 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... May 5, 2021 Development Services Committee -----Original Message----- 6e) Additional correspondence received From: Greg Bruce <gbruce@timberblock.com> Sent: May 2, 2021 3.16 PM To: Agenda comment <Agendacomment@oro-medonte.ca> Subject: 2021-A-22 by David & Kerissa Govender,35 Landscape Drive. DS committee, Re: application 2021-A-22 35 Landscape Dr Greg Bruce 20 Tanglewood Cr., Oro Medont, Ont. 1-01-21-0 I'd like to submit my letter of support for this application. It appears that the zoning bylaw allows a smaller apartment unit without variance, so allowing a larger unit would only seem to support the necessity of affordable housing for a larger family. I don't know these owners, but am anticipating that a number of area residents will be objecting without consideration to the overall good. Too often nimbyism prevents good committee decisions from being made; so I'd challenge the committee to vote solely on the merits of the application and support this application as supported by your administration. Regards, Greg Bruce Sent from my iPhone Page 222 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re: Mi... E6eA 2021 Development Services Committee From: Anne Randell ditional correspondence received <randell.anne@gmail.com> Sent: May 2, 2021 7.50 PM To: Agenda comment <Agendacomment@oro-medonte.ca> Subject: To Whom it may Concern, We are opposed to the variance request at 35 Landscape Dr to add a three bedroom basement apartment with a separate entrance. This is not what we were expecting when we moved to the area. Thanks you. Anne and Rick Randell 71 Landscape Drive Page 223 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... May 5, 2021 Development Services Committee From:Tim Stott<tim.stott2@gmail.com> 6e) Additional correspondence received Sent: May 3, 2021 11:24 AM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: Report# DS2021-069 Minor Variance Application 2021-A-22 35 LANDSCAPE DRIVE May 5th Council Meeting consideration I am a resident at 46 Landscape Drive for approx 4 years.I am writing with a concern of the variance change request.In the short past our neighbours and I have been fortunate to having had 3 rental properties across the street with very nice people. With one exception. That being of a 4 bedroom house whose absentee landlord added 3 bedrooms to the basement and rented out to two separate families. With a total of 7 bedrooms there were a good number of tenants. With one tenant earring out a sort of welding business in the garage and another bringing home his company vehicles there were alway cars parked everywhere . Having said that I feel there is no way in todays lifestyles,and living far from public transit that there will not be AT LEAST 4 cars involved in a 2 car driveway. The landlord ,who if using the garage now may not be able to because I would suspect all his belongings that he normally would keep in the basement would now be in the garage. At the best of times we all now use our garages storage. So if his garage may be empty now it may not once he has tenants. The parking alone should be grounds to deny variance. Our neighbourhood bungalows were built for people at the time that were downsizing ,and i my case retiring. I fear this would open the doors to a lot of these situations. With cars crammed into driveways in the winter with 4 to 5 ft walls of snow on each side would play havoc regarding fire regulations also. Regards Tim Stott Page 224 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... To: Mayor Hughes and Members of Councillors May 5, 2021 Development Services Committee 6e) Additional correspondence received Re: Minor Variance Application 2021-A-22 by David & Kerissa Govender,35 Landscape Drive. We object to he application for minor variance to construct a fully contained, 3 bedroom basement apartment. The reason we object is that we chose to move to Oro-Medonte where we purchased a single family home and expected that this community will NOT turn into an over populated, multi-family per dwelling neighbourhood! This particular application appears to be motivated to drive rental revenue which is NOT a desired precedent we want to set. Further,given the property and driveway size we feel granting such permits will only cause further congestion and traffic in an already busy street within our community given we have no access to public transportation in our area and as such can reasonably expect that at least one or more vehicles will require additional parking. 35 Landscape Drive does not have a large enough driveway/garage to accommodate (assuming garage parking will be limited base on separate entrance an staircase plan submitted). Sincerely, Mike Vanderlee &Aline Brunet 51 Fairway Court Oro-Medonte, ON LOL 21_0 Page 225 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... May 5, 2021 Development Services Committee -----Original Message----- 6e) Additional correspondence received From: Marcel Lepage <mjlepage2@yahoo.ca> Sent. May 3, 2021 1 :59 PM To: Agenda comment <Agendacomment@oro-medonte.ca> Cc: Veitch, Ian <ian.veitch@oro-medonte.ca> Subject: Application 2021-A-22. (DS2021-069) Re APPLICATION 2021A-22 35 Landscape Dr Oro-Medonte My concern for this variance is the change in the neighbourhood this will bring. These small lots of 49 feet wide by 98 feet long cannot accommodate too many people. The space between 35 and 37 Landscape can only be 10 feet if that and they want to put an entrance there. Back yards are only 18feet long and back onto another property that is the same size. We must be realistic and realise that this is too small to accommodate 2 families with ?? People. The parking on Landscape Dr can also become an issue with possibly more than 4 cars in the driveway. My assumption was that this would be an in law suite not a 2 family dwelling.??? This cannot set a precedent in our neighbourhood. Marcel Lepage 30 Landscape Dr Oro-Medonte Sent from my iPhone Page 226 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... May 5, 2021 Development Services Committee From: pawl grass<dudgriff@gmail.com> 6e) Additional correspondence received Sent: May 3, 2021 2:49 PM To: Planning<Planning@oro-medonte.ca>; Agenda comment <Agendacomment@oro-medonte.ca> Cc:Veitch, Ian <ian.veitch@oro-medonte.ca> Subject: response to minor variance application 2021-A-22 Mayor Hughes and Members of Council We have concerns regarding the creation of a basement apartment at 35 Landscape Dr., as requested by this application. We believe the intent of the Zoning Bylaw 97-95 section 5.4 is to allow homeowners to create family oriented ` granny suites' in their basement when required. The absence of a full description of the intended use, implies agreement with that intent. The actual purpose is to create an income generating rental unit. There is no mention of this in the application. The bylaw allows for 70 square meters, which would tend to support the ` granny suite' intention. The minor variance requests almost double that to 130 square meters. The dwelling currently we believe has 2 bedrooms. The proposed apartment will have 3 bedrooms, which more than doubles the bedrooms in the dwelling. These are not minor variances. Our Critical concerns are: 1) The separation of the units called `Apt A' and `Apt B' could lead to both units being rentals, and even the possibility of short term Airbnb type rentals. 2) The size and number of bedrooms indicate several people can move in. Three bedrooms could mean anywhere from 3 to 6 additional people could live there. 3)Parking - most homes in our area have at least 2 vehicles. If even 2 people, each with their own car, move in then there will be a parking issue. The entrance to Apt B, through the garage will eliminate one parking spot, leaving only 3. If the total is 4 cars, where does the 4th car park? It would have to park on the street. Landscape Dr. does not have any sidewalks and at this point the street is fairly narrow. There is a mail box on the opposite side of the street where people stop their cars to pick up mail. If cars are allowed to park on the street, it can become congested and this can be very dangerous to pedestrians especially children. Our biggest concern is that if this variance is permitted, then it will open up the flood gates to anyone who wants to generate income through rental properties in an area occupied by single family dwellings. Anyone who may or may not wish to live here, will be able to create rental units in their house and the complexion of the neighbourhood is lost. This is a family neighbourhood where many residents have moved here to get away from congested areas. In the last paragraph on Page 6 of the Planning Services report, they state that they see"no negative impact on the use and enjoyment of the surrounding properties and would not detract from the residential character of the neighbourhood". We totally disagree with this assessment. We feel that once the ` flood gates' open, (which approval of this application will allow) the neighbourhood will change negatively and not recover. Many of us moved here because of the nature of the neighbourhood and want to keep it that way. I respectfully ask that this application be denied in order to preserve this unique neighbourhood. Paul and Catherine Grass 36 Landscape Dr. Page 227 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... May 5, 2021 Development Services Committee ---------- Forwarded message --------- 6e) Additional correspondence received From: Fred Thompson <fthompson8872gmail.com> Date: Mon, May 3, 2021 at 5:16 PM Subject: 35 Landscape Drive "Minor Variance" Application To: <ha hu_hes oro-medonte.ca>, <ian.veitchgoro-medonte.ca>, <planninoro-medonte.ca> Cc: <kerissa.govenderkoutlook.com> To; Mayor Hughes and Members of Council Subject; Minor Variance Application 2021-A-22 In response to April, 22 2021 Notice of Public Hearing, be advised we are respectively oppose to this application for the following reasons; • Owner's application exceeds allotted square footage (doubled)per Townships existing Zoning bylaw 97- 95, thus, creating overall impacts to the neighborhood while violating restrictions in place. • Negative impact on all adjoining neighbors relative to grading and drainage due to apartment entryway • would create additional overflow of vehicle parking onto Landscape Dr. , thus impact to snow removal/ road maintenance • negative impact on safety for neighborhood pedestrians and children • potential for increased noise level especially within the limited back yard proximity Several known current"illegal basement apartments" continue to create issues, similar to bullets listed above , which negatively impact the use and enjoyment of of surrounding neighborhood. (1) We trust Council would consider our objection with a focus or concern of a major precedent setting, should this application be approved as submitted. We have enjoyed living in the Horseshoe Highlands neighborhood for the past 13 years and support sensible and managed growth within this community -provided it is done with care and concern for its residents , both new and current. Yours truly , Fred& Kim Thompson 19 Oakmont Ave. (1) Page 6: Report No. DS2021-060 Development Services Page 228 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re: Mi... May 5, 2021 Development Services Committee From: Phyllis Fletcher<phyllis_fletcher@hotmail.com> 6e) Additional correspondence received Sent: May 3, 2021 11:25 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: 35 Landscape Drive "Minor Variance"Application by D. & K. Govender Mayor Hughes and Members of Council, The variance application for `minor' changes at 35 Landscape Drive will have a negative impact, not only on that street but on Oakmont Avenue and Tanglewood Crescent as well. We have lived in this single family dwelling neighbourhood since 2006 and want it to remain as single family units. Next door to us has a basement apartment. We can tell you that parking is frequently an issue, most notably in the winter months where we experience ramifications for snow removal negatively impacting residents. Snow plows have had to back half way down the street because there's not enough room to pass safely leaving sections of Oakmont Avenue unplowed and unsafe for homeowners. There are often five or more cars belonging to the owner, tenants and occasionally visitors parked in the driveway and on the road. We do not need more problems. If this variance is approved for 35 Landscape Drive, it will set an undesirable precedent for more `minor variances' in the future and negatively impact our neighbourhood and our property values. The level of traffic increases as more houses/townhouses are completed. Our street has become extremely busy, with trucks and cars traveling above the speed limit and regularly blowing through the STOP sign at Oakmont and Tanglewood. Oakmont Avenue has been blessed with a growing number of small children who regularly who go for family walks on the street and play on their driveways/front yards. With an increase in multiple family units resulting in increased vehicle traffic,it will make a now small problem evolve into a major one. For these reasons, we absolutely oppose this application for a variance at 35 Landscape Drive. Thank you for your consideration of this important matter, Peter and Phyllis Fletcher 15 Oakmont Avenue Page 229 of 531 6.e) 6.40 PM DS2021-69, DerekIWOliOoU prP ihfi cge mitw-e. Mi... 6e) Additional correspondence received From: Carol Walker <carolgwalker@hotmail.com> Sent: May 2, 2021 8.35 PM To: Planning <Planning@oro-medonte.ca> Subject: 35 Landscape Drive Minor Variance Application To whom this may concern, I am a neighbour at 29 Landscape Drive , and I oppose the application made by the residents at 35 Landscape Drive to create a rental property/ commercial duplex. The lot sizes are not suitable for multi family dwelling, not to mention the increased concern that this decision could very well set a precedence in the community. I trust that you will take into consideration the residents that have expressed their concerns. Sincerely, Carol Walker Page 230 of 531 6.e) 6:40 PM DS2021-69, DE y W i � �r�� r��l�� i %n SWqje: Mi... 6e) Additional correspondence received From: Marcel Lepage <milepage2@,yahoo.ca> Date: 3 May 2021 at 1:59:15 pm GMT-4 To: agendacommentgoro-medonte.ca Cc: ian.veitchkoro-medonte.ca Subject: Application 2021-A-22. (DS2021-069) Re APPLICATION 2021A-22 35 Landscape Dr Oro-Medonte My concern for this variance is the change in the neighbourhood this will bring. These small lots of 49 feet wide by 98 feet long cannot accommodate too many people. The space between 35 and 37 Landscape can only be 10 feet if that and they want to put an entrance there. Back yards are only 18feet long and back onto another property that is the same size. We must be realistic and realise that this is too small to accommodate 2 families with ?? People. The parking on Landscape Dr can also become an issue with possibly more than 4 cars in the driveway. My assumption was that this would be an in law suite not a 2 family dwelling.??? This cannot set a precedent in our neighbourhood. Marcel Lepage 30 Landscape Dr Oro-Medonte Page 231 of 531 6.e) 6:40 PM DS2021-69, Derel /yyt b� �r �ger6 Plienpn gSes��omSr�g. Mi... 6e) Additional correspondence received From: Catherine& Donald <bufie@sympatico.ca> Sent: May 3, 2021 11:18 AM To: Hughes, Harry<harry.hughes@oro-medonte.ca>; Veitch, Ian <ian.veitch@oro-medonte.ca> Cc: kerissa.govender@outlook.com; Planning<Planning@oro-medonte.ca> Subject: 35 Landscape Drive "Minor Variance" Application To: Mayor Hughes and Members of Council Re: Minor Variance Application 2021-A- 22 Please be advised that we strongly oppose this application for the following reasons: - signifiant negative impact on our healthy, liveable, safe, single family dwelling community - overflow of parking onto street -noise concerns - street safety for neighbourhood children and all pedestrians - snow removal/road maintenance interference -negative impact on grading and drainage due to required apartment access - encroachment onto neighbour's property -this apartment(1400 square feet)would be larger than some current single family homes in our neighbourhood(Vail & Aspen Models) We already have one illegal basement apartment in this neighbourhood, that we know of. It has caused all of the above mentioned criteria to negatively impact the "use and enjoyment of surrounding properties". (1) Also, we are concerned that possibly another illegal basement apartment has recently been completed by purchasers of a home on Tanglewood Crescent. If Council sees fit to approve this request, we are both dismayed and distressed that this will indeed open the door for more inappropriate construction to the detriment of our neighbourhood. We do agree that growth in our Horseshoe Valley Settlement Area is appropriate if done with respect, care and concern for the residents, the community at large, and our incredible natural environment. Respectfully, Catherine Fortune & Donald McKay 32 Tanglewood Crescent (1)Page 6: Report No. DS2021-060 Developmental Services Page 232 of 531 6.e) 6.40 PM DS2021-69, Der tl S? I�� , r �v tt��: Mi... 6e) Additional correspondence received From: david fell <fellconstr@gmail.com> Sent: May 3, 2021 10:20 AM To: Planning<Planning@oro-medonte.ca> Subject: Minor Variance 35 Landscapes We live at 16 Oakmont Ave and our back yard abuts onto 35 Landscapes . Our concerns are, that by increasing the size of basement apartment so there could be up 10 people living in the house . With a very small back yard there is no room to accommodate that many . So ,you get overflow and noise problems. The other problem is, it can become a short term rental property and we know the problems they bring . It also becomes a problem when one does it, then it opens up the gate that more owners will do the same thing . Then it effects the whole neighborhood and it becomes undesirable for the existing residences . The other concern is reducing the size of the garage to 14" ft . No sizable car can fit in 14' so all the vehicles are outside and on the street . Which becomes a problem for snow removal and street maintenance. We would not be concerned if the apartment was left at 753 sq. feet But we are strongly against increasing the size to 1400 sq. feet. Regards Dave & Shelley Fell ,16 Oakmont Ave Page 233 of 531 6.e) 6.40 PM DS2021-69, DqM� W, 9801 Mi... 6e) Additional correspondence received From:Jennifer Shaw<shawduffin@gmail.com> Sent: May 3, 2021 11:21 AM To: Planning<Planning@oro-medonte.ca> Subject: Minor Variance Application 2021-A-22 by David & Kerissa Govender-35 Landscape Drive Mayor Hughes and Members of Councillors, While reviewing this application for a minor variance it seems that it is not so minor after all. It is actually a three- bedroom basement apartment. This may cause some further concerns regarding parking since the garage will now not allow for a car to fit into the garage after the construction is complete. Since we do not have public transportation, it should be noted that there will now be at least four cars accessing this home.Another item to be taken into consideration is access to this basement suite.We have issues with drainage already and any sidewalk placed between homes blocks the flow of water to the street.We currently have this issue between our home and the one next to us when it rains there is a waterfall that flows over the retaining wall and drains towards the road. It sometimes pools between the homes and has caused extensive damage to our neighbours' home. If you could please take into consideration all of these items, I don't believe that these homes and small lots were designed to house multiple families. I oppose this application. Jennifer Shaw 39 Landscape Drive Page 234 of 531 6.e) 6:40 PM DS2021-69, Derel W it ib202''��e�eeldpmienq ng,Se ce!r -fp: Mi... 6e) Additional correspondence received From: Mary E. Long<me13long@gmail.com> Sent: May 3, 2021 8:08 PM To: Planning<Planning@oro-medonte.ca> Subject: "Minor Variance" at 35 Landscape Drive To: Mayor Hughes and Members of Councillors Re: Minor Variance Application 2021-A-22 by David& Kerissa Govender,35 Landscape Drive. I have lived in Horseshoe Valley for 26 years and am voicing my concerns regarding this application. I strongly object to the subject application for minor variance to double the permitted size and construct a full 3 bedroom basement apartment at 35 Landscape Dr. If approved, and a precedent is established, converting single family homes to multiple family dwellings will greatly increase the already heavy traffic on Landscape and Oakmont. Children, families and dog walkers have no sidewalks and speeding cars and trucks are making a family outing dangerous. Creating a stairwell in the garage will impact the owners and their renters ability to park cars on the property. Street parking in the area is a growing problem and permitting large duplex apartments will not alleviate the problem. Homes on the east side of Landscape have very small backyards. Two families with children sharing a back yard will be a disturbance for many residents surrounding 35 Landscape. If approved, and the current owners move out and rent the top floor, this home effectively becomes a duplex. Is permitting the home to be subdivided and sold as two units next? Given the official plan calls for thousands of new homes in our settlement area, surely permitting duplex apartments is unnecessary. I urge you to reject this application. Mary Long 28 landscape Drive Page 235 of 531 6.e) 6.40 PM DS2021-69, DdYW bl pPIgAf iiRgs to ere: Mi... 6e) Additional correspondence received From: Alicia Olari<aliciaolari3@gmail.com> Sent: May 4, 2021 11:04 AM To: Planning<Planning@oro-medonte.ca> Subject: 35 Landscaped dr To whom it may concern, It came to our attention and concern that newcomers in our community are considering renovations with the purpose of renting which we are highly opposed against due to the negative changes that this will bring to all the residents that move here to live in tranquility and away from the crowds of the city, needless to say we are all working towards keeping the beauty and safety preserved, and tenants do not keep this mindset present. Please consider our concerns and the wellbeing of our community prior to any decision being made. Best regards Abraham and Alicia O'lari Landscape dr. Page 236 of 531 6.e) 6.40 PM DS2021-69, Derek 6e) Additional correspondence received From:John Fawcett<iohnfawcett53@mail.com> Sent: May 4, 2021 10:07 AM To: Agenda comment<Agendacomment(cDoro-medonte.ca> Subject: Report DS2021-069 - Minor Variance Application 2021-A-22 by David & Kerissa Govender 35 Landscape Drive Attention: Mayor Hughes & Council Members Good Morning: I am baffled why the Owners above mentioned, purchased this property in the first place knowing it required such an excessive change/approval by Township & Council to meet their needs for an independent rental/revenue generation apartment, where they could have purchased a property more suitable for their specifications & requirements elsewhere? Hence, without the major cost implications to achieve their goal — ultimately, upsetting neighbours and residents, who moved to Landscape Drive, Oakmont, Tanglewood etc. with the understanding that they were purchasing homes Zoned R1 /R2 as "Single Family/Townhome" residences and not turning our Settlement Area into Low-Cost Housing project & affecting our home values/equity we have all worked very hard to achieve! The application for minor variance (more like a major variance), to construct a fully contained, 3-bedroom basement apartment seems very excessive in a home that has only 2-Bedrooms on the Main Floor and the proposed new square footage appears to exceed those outlined in the Bi-Law/Code requirements. Maybe they are shooting high expecting a compromise? Proposing a side entrance where the distance between the two homes is about 5-6 feet appears to be very narrow plus with the new staircase to the basement constructed in the rear of the existing garage taking up valuable existing parking clearances for vehicle (s) parking within the garage and creating potential parking issues on the driveway. I also have concerns about the Swale/Drainage requirements that would have to be maintained or improved to ensure water does not penetrate the Entrance to the downstairs. Fire Life Safety issues are critical & would also have to be addressed with secondary Egress requirements, ie: the window sizing/type, to ensure Occupancy Load Egress are adhered too. This could present potential Insurance & other Liabilities to the Owner/Tenant (s) if anything should happen. The property has a very small back yard, as do many along this stretch of Landscape Drive - that does not support multiple Family (s) outdoor living requirements. Based on these comments, I certainly oppose this application in its original format. Page 237 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... Thank you for listening. Regards John Fawcett 72 Landscape Dr Page 238 of 531 6.e) 6.40 PM DS2021-69, DerePW.VilJiW2dMmgleprRan cseohmi#tre: Mi... 6e) Additional correspondence received From: Catherine & Donald <bufie(a-)-sympatico.ca> Subject: Re: 35 Landscape Drive "Minor Variance" Application Date: May 4, 2021 at 10.47.47 AM EDT To: Kerissa Govender <kerissa.govender(a)outlook.com> Cc: Harry Hughes <harry.hughes(a)oro-medonte.ca>, "ian.ve itch(a)-oro-medonte.ca" <ian.veitch(a)-oro-medonte.ca>, "Plan n i ng(a)-oro-m edonte.ca" <planning(a)-oro- medonte.ca> Good Morning Mr. & Mrs. Govender, Thank you for your response. With respect, we have noted points of clarification that perhaps may help you to understand our continued opposition to your variance request and planned rental apartment . -this wonderful neighbourhood that you have chosen was proposed,planned, and developed in 2002, and then approved by the Township of Oro-Meodnte as a single family dwelling community -the initial builders Laurel View Homes and subsequent builders to the area(Seeley Homes, Watson Homes, Horseshoe Valley Lands and First View Homes)have all maintained that same vision - future growth and development in all provincial settlement areas, which includes Horseshoe Valley, has been set out in the Ontario Provincial Places to Grow Act 2005 - as we understand its meaning and vision for growth, it is not meant for individual home owners to alter existing neighbourhoods or in your words "to develop existing infrastructure" - your residence is not located near the current rented basement apartment and as such you have not experienced the negative issues that have already been outlined; others are not as lucky - your plan to become landlords to generate rental income for personal financial gain does not, in our opinion, contribute to "the health, well being and economic growth of Oro-Meddnte" You have stated : "we fully understand your concerns". We do not believe this to be so, as it is our desire to maintain a single family dwelling community which you have not addressed in your response and appear to wish to change by creating your accessory apartment as a rental unit. You have noted: "we hope that we are able to have your support in this matter". Please be advised that we cannot support this action now or in the future. Respectfully, Catherine Fortune & Donald McKay Page 239 of 531 6.e) 6.40 PM DS2021-69, DeK0yWft,1 ire, Mi... 6e) Additional correspondence received From: Dianne Pearson <diannepearson2015&gmail.com> Date: Tue, May 4, 2021 at 3:56 PM Subject: Application for Variance 2021-A-22 David& Kerissa Govender To: agendacommentkoro-medonte.ca<agendacommentkoro-medonte.ca> CC: David Pearson<Davidmpearson20l5kgmail.com> Re: Application for Variance - 35 Landscape Drive - David& Kerissa Govender We have recently learned that you have an application from the above-referenced owners for a minor variance that would allow them to construct a new rental unit in the basement of their property at 35 Landscape Drive. We have read the staff report on this matter; we are opposed to the variance request. The neighbourhood we bought into five years ago has changed drastically over the past four years and sadly not for the better. Our once beautiful neighbourhood of single family homes has become an eye-sore thanks to absentee landlords with unkept rental properties and the weed- infested dirt bike track that has replaced the former golf course. When we purchased our home we were advised by the builder that building a fence, planting a hedge, or installing a swimming pool were not in keeping with the builders' covenant/the vision for this community. Transforming a single family home with multiple entrances into an apartment building is? The proposed unit for 35 Landscape is approximately, 1,400 square feet, a mere 100 square feet smaller than our single family home. Where will the additional cars for the "second house" on a single dwelling lot and driveway park? Thank you for your consideration. Sincerely, Dianne &David Pearson 3 Ponytail Court Oro-Medonte Page 240 of 531 6.e) 6.40 PM DS2021-69, DeYeIk V ftQbJ Uffia9WpfR1SnNings tiY&ere: Mi... 6e) Additional correspondence received From: Elfie <rigalexander@aol.com> Sent: May 4, 2021 1 :13 PM To: Planning <Planning@oro-medonte.ca> Subject: Minor Variance Application 2021-A-22 (35 Landscape Dr., Horseshoe Valley) I live at Horseshoe Valley and I wish to oppose the granting of the establishment of an apartment dwelling unit in the basement of the 35 Landscape Dr. for a few reasons: 1) it is not consistent with the existing residences in Horseshoe Valley, which are single family residential; 2) 1 do not believe that a variance from 70 sq. metres to 130 sq. metres is minor. It almost doubles the area of the proposed apartment. In doubling the area, there is a potential for a larger number of people to occupy the apartment. In an apartment of 753.5 sq. feet, one would expect a single person or a couple. In an apartment of 1 ,400 sq. ft., the space could be occupied by a family with children, and if the family upstairs also has children, it is unlikely that both families will have use of the backyard, and it is conceivable that some children will be playing in the front yard. This creates a safety issue with children potentially going on the road, especially if some of the cars sharing this dwelling, or otherwise, are parked on the road, creating a visibility issue if children are near or on the road. There may be parks in the area and lots of green space, but young children cannot walk to the parks unaccompanied and they will inevitably be playing somewhere on the property. 3) 1 understand that an undertaking will be given that the garage not be totally used as storage, but be available for one parking spot so that there are 3 parking spots on the property. What happens if the tenant has two cars and the main level occupants have two cars? Potentially, this property could have four cars or more for two families. I find it unlikely that the garage will be used for parking two cars and unlikely that an undertaking is sufficient, particularly if what has been available to the present owner by way of basement storage is being lost to the converted apartment use. Who is going to monitor this and enforce it? In driving through this neighbourhood on the weekends or after work, there are very few homes where the cars are not in the driveway, and these are single family residences. I feel with two families this will be the norm, and that there is a likelihood of street parking as well, raising again a safety issue for children playing and traffic sightlines being impaired by cars parked on the roadway. 4) The subdivisions at Horseshoe Valley were not planned with multiple units in the single family dwellings that have been built. There is no sign of higher density living in Horseshoe, except those buildings that are timeshare units or condominium units appurtenant to the Resort. In fact, there is no sign of higher density development in any of the new subdivisions that are presently being marketed in the area, perhaps with the exception of the one in Craighurst. Braestone has none, nor the new subdivision adjacent to the old Sugarbush, or the one which is still under development adjacent to that, nor the ones being built on the concession between here and Orillia that we have driven by. If the Province wants to create higher density areas in Oro-Medonte, they Page 241 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re. Mi... should be incorporated in new subdivisions with the appropriate provisions for parking, parks, etc., not injected into established subdivisions that were always meant to be single family residential. People who purchased here did not do so thinking that they would be battling airbnbs and the creation of apartments by their neighbours. If the Province/Township wish to create higher density areas in subdivisions, they should address that in the new subdivisions that are just being developed, such as the one at the old Edgar Occupational Centre lands and several other subdivisions that are just clearing land and putting in services in several areas between Horseshoe and Orillia. If they want higher density, that should have been incorporated in the plans of subdivision at the approval stage. The signs for these subdivisions all stipulate large estate lots, so I do not think that was part of the planning. Please consider my opinions. E. Alexander Page 242 of 531 6.e) 6:40 PM DS2021-69, Mi... 6e) Additional correspondence received From: Helen MacRae <airhead1353@gmail.com> Sent: May 4, 2021 1:42 PM To: Planning<Planning@oro-medonte.ca> Cc:Agenda comment<Agendacomment@oro-medonte.ca> Subject: Minor Variance Application 2021-A-22 Govender . 35 Landscape Drive This is in response to the notice of meeting I received last week. I live at 20 Oakmont Ave, within the area of notice circulation. I am objecting to this application for the following reasons: OP and Zoning By-law compliance: The OP in this area includes policies that support single family and multi-residential units. The majority of multi-res units are in the valley area around Horseshoe Resort(Copeland House I&II, High Vista, Slopeside, Timber Ridge, etc) . Another 250 condo style units are likely to come on the market as soon as the ownership of Carriage Hills and Ridge is settled later this year. In other words, there is far more housing in"affordable" sizes in this immediate area than anywhere else in the Township. Therefore there is no need to add a large accessory apartment on a street with single family homes on 50 x 95 foot lots. Side yard entrance: there have already been significant drainage issues on the lots to the south of this home, which is why there is also a swale on the side where the new entrance is proposed. Not only would it have to be altered at the entrance, if the apartment occupants were to be allowed to access the rear yard through the side yard, the remainder of the swale would likely be flattened. The result could be water infiltration through the window wells into the new apartment. Rear yard access: as noted above, the only access to the rear yard for apartment occupants could be from the side yard. The rear yards on this stretch of Landscape are very narrow due to the regrading and retaining walls that were required for these homes. It is too small for more than one group to congregate at a time. This would also contravene COVID 19 quarantine rules. Despite what the report says, there are no public outdoor amenities within the immediate neighbourhood. 4th Line park and the parkette at Pod's Lane and Alpine are some distance away. The occupants of this apartment would be condemned to staying indoors at all times or driving somewhere else to enjoy outdoor activities. Parking: the author of the report confirmed that he was unable to examine the inside of the garage when he made his site visit. The plan shows a side entrance and stairway that requires a significant reduction in the depth of the garage, from 18' 9-1/2 inches to 14' 5-1/2 inches. The staff report says that this is adequate to accommodate at least one vehicle. I suggest to you that this is not true; only the smallest subcompact might fit in such a space. My compact SUV is 15' long and it is no bigger than most vehicles in this area, as a result of our severe winter conditions. Therefore, the parking plan as proposed in the report would not be achievable, resulting in 3 vehicles having to use the driveway to park. This certainly does not work in winter conditions. Snow storage on these smaller lots is a significant issue in this neighbourhood. Size: The logic behind doubling the size of apartment permitted in the Zoning By-law does not strike me as "minor". Comparing it to the main floor, when the owner has made it clear this new unit would be occupied by parties unrelated to the owner, suggests that it should be compared with the actual permitted size in the basement, not the entire house. While this proposal may be convenient financially to the applicant, it is not, in my opinion good for the neighbourhood or, frankly, good for any prospective tenants. I believe if the structural changes to the garage are made, the house may be rendered almost unmarketable in the future. Page 243 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re: Mi... Thank you for the opportunity to comment. Helen MacRae Page 244 of 531 6.e) 6.40 PM DS2021-69, Derek V\Nl*,-9VRM rrrtimlcjSftMeE�*E?rPeii O.. 6e) Additional correspondence received From:Jim Howell <jimhowe111750@gmail.com> Sent: May 4, 2021 2:54 PM To: Planning<Planning@oro-medonte.ca> Subject:Application 2021-A-22 Minor Variance Application 2021-A-22 by David & Kerissa Govender,35 Landscape Drive. We live at 37 Landscape Drive and strongly object to the request to allow for a minor variance for the proposed 1400 sq ft apartment. a)The staff report suggests that there is adequate backyard space to accommodate a second family. These are open concept backyards and having a second family occupy this space will unnecessarily impact the peaceful enjoyment of that space. (There are no fences here and it is extremely communal in nature) b)The staff report suggests that the entrance for the apartment will be on the southside of the house and may impact drainage. (There is already a drainage issue see attached photos) But the plan that I was sent shows the apartment unit b, being just to the right of the main entrance.When was the entrance location changed? c)Staff have suggested that the increased square footage will allow for more affordability and diversified housing for the area.Would the 753.5 sq ft not achieve the same goal. It should be noted that it is very likely that a number of low cost condos may soon be coming on the market once the sale of Carriage Hills is completed. Does this not address the diversity aguement of staff? d)The Staff report indicates the need for parking for 3 cars. Does allowing a 3 bedroom apartment versus the 735 sq ft not open up the possibility of more vehicles.Who will be monitoring vehicles if this is passed?While we understand that the applicant has the right to incorporate an apartment, I fail to see what benefit the variance provides our neighbourhood. Yes they gain rental income and our quality of life is severely impacted.We moved here to get away from duplexes and basement apartments. We completely understand that they will build the apartment. However, there is no valid reason to allow them to install a 3 bedroom apartment. Let them proceed with the 753.5 sq ft as per the current by-law. Jim and Doris Howell 37 Landscape Drive Page 245 of 531 r� .••� .-- - 1. .mac.._,.F -.. _ $.,r•1.�; _ ,} � v r ... + • _ - ^< - +• a t 1 r. t 1� 4 . � �•�- .off` -� 7F .. . _, rp — r . .M 'L r + r� y 'a h - •.v .� ram, • ;p.. � { ..' _ • , • - • t PM DS2021-69, Derek • Manager, • Services, r� . Ib a � r }� s •�a { Y _ � - 1 �a � i'i'' - �°tl 4 ` _ •�r - ,+-5 �ru +_J MI,. e,1• w4 • s h •fir-, - _. _ -1 - �' - *•� M1 , ' „` rye'• id- 248 of -'. 6.e) 6.40 PM DS2021-69, Derek Nffiyt�, g� �{r §ggir ,, toi... 6e) Additional correspondence received From:judypiker@gmail.com <judypiker@gmail.com> Sent: May 4, 2021 1:29 PM To: Agenda comment<Agendacomment@oro-medonte.ca>; Planning<Planning@oro-medonte.ca>; Veitch, Ian <ian.veitch@oro-medonte.ca> Cc:Jan Watson <janetpwatson@icloud.com> Subject: RE: 35 Landscape Drive "Minor Variance" Application To: Mayor Hughes and Members of Council Re: Minor Variance Application 2021-A-22 by David& Kerissa Govender,35 Landscape Drive. I am writing to express my concern about the proposed"Minor Variance" application at 35 Landscape drive,just four houses down from our house at 27 Landscape Dr. We have lived in the area for a couple of years and have been very pleased with the lovely quiet neighbourhood. We purchased this house with the knowledge that our community was zoned as single family residences and are very concerned that this might change if the proposed variance application is approved. From what I have learned, the proposed renovation is beyond what I would call a"minor" variance to our current zoning criteria. Converting the home into a duplex, multiple family home will definitely set a precedence for others to put in basement rental apartments which will lead to a deterioration of the neighbourhood. I know this because we have lived through a similar conversion in a previous neighbourhood which forced us to move. The additional tenant cars result in more cars being parked on the road hindering traffic flow and recreational activities. As well, the backyards on our side of the street are very small which would result in additional people hanging out on the road. Typically, more people means increased noise levels. We have retired to a quiet neighbourhood and would like it to stay that way. I very much support maintaining the current zoning for this single-family community and therefore strongly oppose this variance application. Judy& Eric Pike Page 249 of 531 6.e) 6.40 PM DS2021-69, Dere~bf ?Ua eYg�Mant v8e%\CoMite�eMi... 6e) Additional correspondence received From: Mary E. Long<me13long@gmail.com> Sent: May 4, 2021 12:55 PM To: Planning<Planning@oro-medonte.ca>; Agenda comment<Agendacomment@oro-medonte.ca> Cc: Mary Long<me13long@gmail.com> Subject: "Minor Variance" at 35 Landscape Drive To: Mayor Hughes and Members of Councillors Re: Minor Variance Application 2021-A-22 by David& Kerissa Govender,35 Landscape Drive. I have lived in Horseshoe Valley for 26 years and am voicing my concerns regarding this application. I strongly object to the subject application for minor variance to double the permitted size and construct a full 3 bedroom basement apartment at 35 Landscape Dr. If approved, and a precedent is established, converting single family homes to multiple family dwellings will greatly increase the already heavy traffic on Landscape and Oakmont. Children, families and dog walkers have no sidewalks and speeding cars and trucks are making a family outing dangerous. Creating a stairwell in the garage will impact the owners and their renters ability to park cars on the property. Street parking in the area is a growing problem and permitting large duplex apartments will not alleviate the problem. Homes on the east side of Landscape have very small backyards. Two families with children sharing a back yard will be a disturbance for many residents surrounding 35 Landscape. If approved, and the current owners move out and rent the top floor, this home effectively becomes a duplex. Is permitting the home to be subdivided and sold as two units next? Given the official plan calls for thousands of new homes in our settlement area, surely permitting duplex apartments is unnecessary. I urge you to reject this application. Mary Long 28 landscape Drive Page 250 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re: Mi... MINOR VARIANCE 35 Landscape Dr. Meeting May 5th 2021 Page 251 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re- Mi... _W COYMED PORCH 1j1g1T A UNIT 8 ENTRY F N TRY 2— IORE:Y HOUSE �s E GARAGE CL6 - !I EK'G PAVED PARKING 19'—7 j" 98'-8" SITE PLAN 35 Landscape Dr. Page 252 of 531 6.e) 6.40 PM DS2021-69, Derek Witlib, Manager, Planning Services, re- Mi... E> 11 ` El15S1Ff h aU Mwuz x !� B'D 02 LAING WING k t GLOM i� eI — MY %APfdO LLG FROM �+e STAIRS A8M NEW _I lat+llYiWG +� �� g AFT. * ' sm � ® -- 129« i bENr To E>{1 MASTER ' 200 5F ro ENT 30f 1J IYIN, �- r-Dr ! -4' ND1E SR1YE E%7 itu, (SirMR7M16 F, '. 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Helen MacRae Page 266 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-063 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # May 5, 2021 Minor Variance Application 2020-A-23 Roll #: Mitchell & Alexandra Casey R.M.S. File #: 4346-020-004-054-10 1751 Mount St. Louis Road D13-59338 East Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-063 be received and adopted. 2. That Minor Variance Application 2021-A-23 by Mitchell and Alexandra Casey, specifically to permit a minimum interior side yard setback of 0.37 metres (1 .22 feet South East Corner) and 0.44 metres (1.43 feet North East Corner) for an attached garage to replace the existing detached garage/sunroom, on lands municipally known as 1751 Mount St. Louis Road East, Township of Oro- Medonte, be approved, subject to the conditions as outlined in Report DS2021- 063. 3. The conditions are as follows: a) That notwithstanding Table 134-13 Standards for Single Detached Dwellings (A/RU Zone) of Zoning By-law 97-95, as amended, the proposed single detached dwelling addition (mudroom and garage) shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the addition(garage) is located no closer than 0.37 Metres (1 .22 feet) (South East Corner) and 0.44 metres (1.43 feet)(North East corner) from the interior side lot line; d) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority Permit, Engineered Lot Grading Plan (if required), and Building Permit be obtained from the Township only after the Committee's decision Development Services May 5,2021 Report No. DS2021-063 Page 1 of 11 Page 267 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... 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 property is located on the south side of Mount St. Louis Road East having a lot area of 0.28 hectares (1.03 acres) and currently supports a single detached dwelling and detached garage/sunroom (refer to Schedules 1 and 2). Surrounding land uses consist of similar sized residential lots. The applicant is proposing to replace the existing detached accessory building (garage/sunroom) with an expanded garage that is proposed to be attached to the dwelling by a mudroom and is requesting to maintain the existing interior side yard setback. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Table B4-B Standards for Single Detached Dwellings (A/RU Zone) Required: Proposed: 4.5 square metres (14.7 feet) 0.37 metres (1 .22 feet South East Corner) and 0.44 metres (1 .43 feet North East Corner) The applicant's site plan drawing and elevation plans are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 1 .1 .5 — Rural Lands, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The 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/Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to the proximity of the woodlands/wetlands feature located south of the residential lots on Mount St. Louis Road. Section 2.1 Natural Heritage, aims to protect natural features for the long term. Development Services May 5,2021 Report No. DS2021-063 Page 2 of 11 Page 268 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... Planning staff are confident that the proposed attached garage will not affect the natural heritage features as the location is within the established disturbed area on the lot generally in the location of the existing detached garage/sunroom. Section 2.2 —Water aims to "protect, improve or restore the quality and quantity of water". Given that the proposed development is a replacement of the existing detached garage/sunroom with an attached garage/mudroom, Planning staff are confident that as a result of the lands being regulated by the NVCA and the required permit/clearance from the NVCA, all necessary precautions to protect the environment will be achieved. At the time of writing this report, staff had not received comments from the NVCA and therefore Committee members should have regard to any NVCA comments that the Township may receive with respect to the applicant's proposal. 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 attached garage on the existing residential dwelling 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. 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 unevaluated wetland and watercourse. Section 4.2.4, Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is applicable to this application. 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 as the property contains an existing dwelling, the natural heritage feature is not located within the property, and the applicant is proposing to build an attached garage Development Services May 5,2021 Report No. DS2021-063 Page 3 of 11 Page 269 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... that is intended to replace the existing detached garage/sunroom generally in the same location and wholly within a disturbed area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject land is already developed for residential purposes. County of Simcoe Official Plan The property is designated Greenlands in the County of Simcoe'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..." (County of Simcoe, 2016). Section 3.8.16 speaks to legally existing uses are recognized and permitted to continue in the Greenlands designations. The residential use of the property is an existing use. The proposed development (attached garage) is an expansion to this existing use which is permitted. 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 permitting the attached garage addition onto the residential development that is permitted through the policies. At the time of writing of this report, County comments have yet to be received by Township staff. Committee members should have regard to any County comments that the Township may receive with respect to the applicant's proposal. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are designated Rural in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Rural designation include single detached dwellings, and by extension would include the attached garage being proposed through this application. The proposed construction will be in keeping with the existing rural Development Services May 5,2021 Report No. DS2021-063 Page 4 of 11 Page 270 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... character of the neighbourhood, which includes larger scattered rural residential properties, which include attached or detached garage structures consistent with the existing detached garage/sunroom and the proposed attached garage addition. Therefore, based on the above, the requested variances pertaining to this application are considered to maintain the general intent and purpose of the Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By- law 97-95, as amended. Single detached dwellings and accessory uses are permitted in the A/RU Zone and the proposed addition to the dwelling would therefore be a permitted use. The applicant is seeking relief from the Zoning By-law to permit the construction of an attached garage to replace the existing detached garage while maintaining the existing interior side yard setback on the subject property. The primary purpose of interior side yard setbacks is to provide spatial separation between residential properties, as well as to provide space for access, maintenance and drainage around buildings and structures. In Planning Staff's opinion, it is acknowledged that maintaining the existing 0.37 metres (1.22 feet South East Corner) and 0.44 metres (1.43 feet North East Corner) setbacks to the side lot line for the proposed attached garage will only provide limited access around the eastern side of the dwelling; however there continues to be over 8.5 metres (36 feet) along the western side lot line that provides more than adequate access to the rear of the property should this be required. In regards to maintenance and drainage as stated in this report, the existing detached garage that has been located at this setback for over 40 years with drainage and maintenance matters being appropriately addressed. Additionally, as noted by the Manager, Development Engineering, an Engineered Lot Grading Plan may be required during the building permit stage should the grade of the property be significantly altered from the existing conditions. For the above reasons, Planning Staff is satisfied that the application maintains the purpose and intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? Planning Staff does not expect the proposed attached garage to stand-out, look out of place or detract from the character of this established residential neighbourhood. Upon site visit, staff noted that many of the residential properties along Mount St Louis Road contain either attached or detached garages, similar to the subject lands. The proposed variance will provide for the replacement of the existing detached garage with a garage that will be attached to the existing dwelling, while maintain the existing interior side yard setback. The attached garage will continue to be setback over 20 metres (66 feet) from the front lot line and maintain the existing line of the dwelling. The proposed attached garage will not interfere with functional matters such as parking and the septic Development Services May 5,2021 Report No. DS2021-063 Page 5 of 11 Page 271 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... system and will continue to be buffered from neighbouring properties by the existing mature vegetation located on the property line. Based on the above, Planning Staff are satisfied that the proposed development would be desirable for the appropriate development of the lot. Is the variance minor? As the proposed variance would permit an attached garage as a replacement of the existing detached garage/sunroom while maintaining the existing reduced interior side yard setback and is consistent with other neighbouring properties in the surrounding area the variance request is considered to be minor. The application is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, and therefore the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2019 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: 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 consistent with the Strategic Plan. Consultations: Development Services May 5,2021 Report No. DS2021-063 Page 6 of 11 Page 272 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... 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. It should be noted: (i) If the reconstruction occurs on the same footprint and there are no changes to the drainage pattern, an ELG shall not be required. (ii) If said reconstruction results in grading or drainage changes an ELG shall be required. The ELG determination shall be made at time of Zoning Certificate Application and prior to a Building Permit Application. • Township Infrastructure and Capital Projects — No objections to this application. • Township Building - Applicant to be aware of construction of exposed building face, unprotected openings and limiting distances • NVCA - Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation (Front) Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-23 to permit a setback of minimum interior side yard setback of 0.37 metres (1.22 feet South East Corner) and 0.44 metres (1.43 feet North East Corner) for an attached garage to replace the existing detached garage/sunroom, on lands municipally known as 1751 Mount St. Louis Road East, Township of Oro-Medonte, be approved, on lands municipally known as 1751 Mount St. Louis Road East, Township of Oro-Medonte, be approved, on the basis that the application is consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, the Township of Oro-Medonte Official Plan, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Andria Leigh, RPP Director, Development Services Approvals: Date: Development Services May 5,2021 Report No. DS2021-063 Page 7 of 11 Page 273 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... rIf�II�'�II ITI%I•Rtl:T �Mdonsto -R�f. I9 . e (Wall yIR y.y -J - bl '�n�ese tti llw ?� 9 a 1629 1641 1645 1657 1697 1700 1706 1709 1713 $ 1718 1744 G 1725 tt 1728 Ir Oct 1733 .A Q 4567 1761 1767 1800 1812 1781 1789 1830 1799 1857 4491 Schedule 1 Location Township of ®Subject Lands Proud Heritage,Exciting Future 0 100 M File Number.2021-A-23 Development Services May 5,2021 Report No. DS2021-063 Page 8 of 11 Page 274 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... Maonslon•RO. Rorseshl a11rynRa. fill—Oltl-6a Y -4 Schedule 2 W) Aerial Photo Township of,gam" Subject Lands Proud Heritage,Exciting Futaare 0 2e m File Number:2021-A-23 ti I a 1 Development Services May 5,2021 Report No. DS2021-063 Page 9 of 11 Page 275 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... Schedule 3 -Applicant's Site Plan Existing: CoLI]YPA'YI ROAD «+F= PdY rsosa-c�auz;7 g,rw- -' f f Pev rsrrs�arirr2 n •:•' PIN Mse- rlag-rt 1 aar rscss. ' rear 742W-OVMr 7 .0 Pi 3 sgr rr� RID- R3 a PLAN $ i �'T"" 'Trns cual 10 be.b..d,a+wavexe exi54'a ��i..1NE �/ CX�r,oC U.1cht 54Ys � 1 ^ wwow, wL p �:v ClA4ACaE — 2.V9rn f _ - ,4h'1 $r4 Seltract 3 Development Services May 5,2021 Report No. DS2021-063 Page 10 of 11 Page 276 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... Elevation Drawing: F 1 i i G ~ t 'IO i Development Services May 5,2021 Report No. DS2021-063 Page 11 of 11 Page 277 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 19, 2021 2:40 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- A-23) Casey Teresa Development Engineering has No Objection to the above noted Application. It should be noted: If the reconstruction occurs on the same footprint and there are no changes to the drainage pattern, an ELG shall not be required. If said reconstruction results in grading or drainage changes than an ELG shall be required. At the time of Zoning Application and prior to a Building Permit Application, this determination shall be made. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 278 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:April 19, 2021 11:23 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-23) Casey Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 279 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:April 22, 2021 2:32 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew<aquattrociocchi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-23) Casey Building Division comments are as follows; 1. Applicant to be aware of construction of exposed building face, unprotected openings and limiting distances. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 280 of 531 6J) 6.50 PM DS2021-063, Androay?,igch , Diee oprri'�eDnnervoc s c omtrAyee ices re... 6f) Additional correspondence received From: Emma Perry<eperry@nvca.on.ca> Sent: May 3, 2021 1:58 PM To: Planning<Planning@oro-medonte.ca> Cc: Falconi,Teresa <tfalconi@oro-medonte.ca>; Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca>; Planning Dept<Planning@nvca.on.ca> Subject: NVCA comments re 2021-A-23 1751 Mount St Louis Rd E NVCA File 47598 Good afternoon, NVCA staff have reviewed the above-noted application for minor variance to facilitate a garage expansion and sunroom at the above-noted address. The subject site is regulated by the NVCA for wetland interference 30>120m from a wetland feature. A permit from the NVCA is required for development occurring outside the existing footprint of the dwelling. Such works would be candidate for authorization. The NVCA therefore advises of no concerns with the approval of this application, subject to the condition of approval being that the applicant obtains NVCA permission for the proposed works. Thank you for the opportunity to provide comments on this application. A written copy of the notice of decision is hereby requested for the NVCA records. Sincerely, Emma Perry I Planner III Nottawasaga Valley Conservation Authority 8195 8ch Line, Utopia, ON LOM 1TO T 705-424-1479 ext.244 I F 705-424-2115 eperry@nvca.on.ca I nvca.on.ca Page 281 of 531 6J) 6.50 PM DS2021-063, Andria Leigh, Director, Development Services re... l� r� w o z 001—\ 3 ° U) Cu U Q N O N J a_ O Cu C) CL C Q ry N o Q U -j �. 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That Minor Variance Application 2021-A-24 by Michelle Plowright specifically to permit the construction of an addition/deck to a single detached dwelling with a reduced setback of 17.54 metres (57.54 feet) from the average high-water mark of Lake Simcoe, and 6.0 metres (19.7 feet) from the exterior lot line as well as a detached accessory building (detached garage) that is located 3.4 metres (11 .1 feet) from the front lot line and 3.3 metres (10.8 feet) from the exterior lot line, on lands municipally known as 1 Sunnyside Avenue, be approved, subject to the conditions as outlined in Report DS2021-060. 3. The conditions are as follows: a) That notwithstanding Table B1 (1)/ Section 5.30, Table B1 SR Exterior setback, Section 5.1.3 a) and c) the addition/deck to a single detached dwelling and detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition, deck and accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the addition/deck is located no closer than 17.54 metres (57.54 feet) from the average high water mark of Lake Simcoe, and 6.0 metres (19.7 feet) from the exterior lot line; d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property Development Services May 5, 2021 Report No. DS2021-060 Page 1 of 12 Page 293 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is located no closer than 3.4 metres (11 .1 feet) from the front lot line and 3.3 metres (10.8 feet) from the exterior lot line; e) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; f) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit, Engineered Lot Grading Plan, 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 property has a lot area of 0.18 hectares (0.44 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. There is an existing dwelling and boathouse on the property. The applicant is proposing to construct a single detached dwelling addition/deck and detached accessory building (one-storey detached garage). The applicant is seeking relief to the following sections of Zoning By-law 97-95: Detached Accessory Building Section 5.1 .3. a — Front yard setback Required: 7.5 metres (24.6 feet) Proposed: Not be located in the front yard. 3.4 metres (11 .1 feet) Notwithstanding this provision, a detached private garage is permitted in the front yard of a lot that abuts Lake Simcoe provided it is set back a minimum distance equal to the required front yard for the main building from the front lot line. Section 5.1.3. c — Exterior yard setback Required: 7.5 metres (24.6 feet) Proposed: Be set back a minimum distance equal to 3.3 metres (10.8 feet) the required exterior side yard for the main building from the exterior side lot line. Development Services May 5, 2021 Report No. DS2021-060 Page 2 of 12 Page 294 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... Single Detached Dwelling Addition/Deck Table 131 1 / Section 5.30 - Setback from avera e high-water mark Required: Proposed: No building shall be located closer than 17.54 metres (57.54 feet) to the average 20.0 metres (65.6 feet) from the average high-water mark of Lake Simcoe high-water mark of Lake Simcoe Table 131 — SR Exterior yard setback Required. Proposed: 7.5 metres (24.6 feet) 6.0 metres (19.7 feet) 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 (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 1.1 .5 — Rural Lands, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The 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/Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to Lake Simcoe. 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 Lake Simcoe Region Conservation Authority (LSRCA) will take all necessary precautions to protect the environment. The requirement for an Engineered Lot Grading plan will also control erosion and sedimentation during the construction process. Section 3.1 Natural Hazards is met as per comments received by LSRCA. Planning Staff is of the opinion that this application conforms to Provincial Policy Statement, 2020. Development Services May 5, 2021 Report No. DS2021-060 Page 3 of 12 Page 295 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already within an established residential subdivision. 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. Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. The subject lands are not located within any natural heritage designations identified in the Township's or County's 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 with a developed shoreline area. 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 regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated for this application and reviews applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has provided comments to the Township, and they have no concerns with this application. As the subject lands are regulated, the LSRCA will require a permit to be submitted. County 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). The Rural designation permits limited residential development. In Planning Staff's opinion, the applicant's Minor Variance application conforms to the County's Official Plan as the existing single detached dwelling, and by association the proposed addition, and accessory building are permitted on the subject lands. Development Services May 5, 2021 Report No. DS2021-060 Page 4 of 12 Page 296 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that is in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose 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 include a single detached dwelling. The Shoreline designation allows for limited shoreline development. Therefore, based on the above, the requested variances are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) (the westerly half of the property) and Residential Limited Services (RLS) (the easterly half of the property) in the Township's Zoning By-law 97-95, as amended. A single detached dwelling is permitted in the SR and RLS Zones. The majority of the work is within the SR zone. The applicant is proposing to build an addition to the single detached dwelling and is seeking relief from the Zoning By-law to allow for the addition to have a reduced setback from the average high-water mark of Lake Simcoe and from the exterior side yard. The applicant is also proposing a detached accessory building with a reduced front yard and exterior side yard setback. The general intent of the Zoning By-law in requiring the minimum setback from the average high-water mark of 20.0 metres (65.6 feet) from Lake Simcoe is to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. With the approval from LSRCA, Planning staff is confident that the natural features will be protected through their permit process. The general intent of the Zoning By-law in requiring the minimum setback from the front and exterior side lot lines is to ensure that buildings are adequately setback to provide space for onsite parking (driveway) where required, to achieve safe sight-lines for vehicles particularly when leaving properties, and to provide space for a landscaped yard that enhances the appearance of the streetscape. The proposed additions and Development Services May 5, 2021 Report No. DS2021-060 Page 5 of 12 Page 297 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... accessory building will not restrict parking and will maintain a safe distance from the road and the appearance of the streetscape will not be negatively impacted. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood as the subject lands and surrounding lots are mostly treed. While on site, staff noted significant tree coverage, as well as the addition is not going any closer than the existing setbacks to the average high-water mark but is increasing the floor area within that space. The size and location of the building will not interfere with functional matters such as parking and the septic system. The septic is located in the front yard and not affected, location wise, by the addition/accessory building, and is supported by the no objection received from the Building Division. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variances are not anticipated to have an adverse impact on the neighbouring properties or negatively affect the Lake Simcoe shoreline. The property is heavily vegetated on all sides of the property and LSRCA have no concerns with the proposed development. As the proposed variance is considered to conform to the general intent of the Official Plan, the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • Lake Simcoe Protection Plan Development Services May 5, 2021 Report No. DS2021-060 Page 6 of 12 Page 298 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... • 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 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. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism is promoted and strengthened. Staff is of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — Engineered Lot Grading Plan required • Township Building Services — no comments • Township Infrastructure and Capital Projects — No concerns • Lake Simcoe Region Conservation Authority — LSRCA permit required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Proposed Site Plan Schedule 4: Applicant's Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-24 be approved, specifically, to permit an addition/deck to a single detached dwelling with a reduced setback of 17.54 metres (57.54 feet) from the average high-water mark of Lake Simcoe, and 6.0 metres (19.7 feet) from the exterior lot line as well as a detached accessory Development Services May 5, 2021 Report No. DS2021-060 Page 7 of 12 Page 299 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... building is located 3.4 metres (11.1 feet) from the front lot line and 3.3 metres (10.8 feet) from the exterior lot line on lands municipally known as 1 Sunnyside Avenue, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS and conforms to the Growth Plan 2020. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services April 29, 2021 Andria Leigh, Director, Development Services April 29, 2021 Development Services May 5, 2021 Report No. DS2021-060 Page 8 of 12 Page 300 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re- Minor Variance App... Schedule 1: Location Map �VaseY•Rd. 400 He—e .IrvaIIV Ilad. 24 Old.Y-rrie•Rd.' �I IC + 16 23 / N" 20 1Aidge.r* d V 21 15 19 O 17 0 Z94 15 713 19 14 12 11 12 11 W 15 � 10 8 q, - g 7100 102 a T 6 Q c 8486 8897 72 U) 76 a 68 tE 5 C m O 66 60 5 54 Lakeshore Rd. E. 4 75a 87 89 67 71 95 65 l L-n. 55 59 35 99 2 53 1 23 8 31 3 29 2 15 13 11 1 55 2 Lake Simcoe Schedule 1 Location hi/p�uf ®Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2021-A-24 N I i i i Development Services May 5, 2021 Report No. DS2021-060 Page 9 of 12 Page 301 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... Schedule 2: Aerial Photo — one Hrn•Rd. Hai§esY�•YalleyRd. b. d ad V O'Connell Th a a A � M I4 Schedule 2 Aerial Photo luwruhijl of ®Subject Lands Proud Heritage,Exciting Future o 20 m File Number:2021-A-24 N I 1 J Development Services May 5, 2021 Report No. DS2021-060 Page 10 of 12 Page 302 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re- Minor Variance App... Schedule 3: Applicant Proposed Site Plan B L O G K E O'CONNEL LANE C£N 1£PLIME OF HDAO £a e NS3'5D-WEE (REFERENCE BEARING) E C f b A R NN x�.o Upx51: TRFEETO SEREMOVE f19 ` � L cn N Z QPU^sEOG AGE gm i/- E%.. G.F.53"2 59Sw - SEP]1C BED -22T 00 iL . N now oEsvP£ � a y � oRoflo��tr - _ BLEND PROPOSED GPAOE INTO / ...PTb. E%IETING DRN NAGE ROUTE I I7 ! z2035 CF.22O.a_\ —NO aT5mm E OUL Rr y EX.DRIVEWAT NORTHIMV—cRT its SOUTHINVERV—2 I ` I I � I 2204 m � p - 4.5z I .k S. MOTION I AaanoN ( p E%. 2 FAM9LYOVYELIInG Ff..x.za,91 ( n2 b IRPPOSEO 2C1.70 \ ADDITION ///FRO.AMfAEtunSETBACK- PgOPOSEO Co.E£D — FROM AXWL 11915 \ `SCREEN£DIN COVERED —— — pOFCl1 TOTAL ECK PpRGH \ fi.48 PORCW AXEA 39.)uf I1 220.6$ _ EX/WOOD DECK 220.68 \ �04 22002 19 4.5a f i \ r EXI STING DE CKTOREMAIN X ` MAINTN.NE%1STMGGRADE5 x g, ALONG ENT IRE L THOFREARENG c Q O OFXOUEEANDDECK Et.HOAT AD" SE -_ _ >� FF.21972 aIS T, 0'E 3P16 50.+5 2"R1 £X.ccwwc PA0 6 - EX 57£EL R£i'. WA: ry�ryN $A�6 fEv lEub FR 9gg, Eo�E SITE BENCHMARK TOP OF RETAINING WALL ELEV=219.71 b0,m LAKE SIMCQE Schedule 3 Aft Applicant's Site Plan Q T h' ,f orzfel File Number 2021-A-24 1'Iroud HerftO�re,Exn:iirl,Q Future Development Services May 5, 2021 Report No. DS2021-060 Page 11 of 12 Page 303 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... Schedule 4: Applicant Elevation Drawings W-T F�FF a b UB 9F CSILINQ I I I II I I I II b L__ a L— — —— l e r FIN sE NO FLLEVA S i Ll I _ L..._J 1 I I � 1 GWi 3ErtMi E` I � I I I� 1 1 1 � —J -L L--L— —��—— —J—� LL'3OF FOOTNG I AKF=CF F FVA70N 2 ,2 NI f�nn Ez---------- _ T - -- -RO\T TLFVAT C\ SIDE ELEVAT ON , s --'---------------------------tip _s---------------------------ti_ REAR ELEVATION SIDE ELEVATION Schedule 4 Applicant's Elevation Drawings �1�OLh'p of l/1 File Number 2021-A-24 Pror+d Heritage,ExnkinQ Furaore Development Services May 5, 2021 Report No. DS2021-060 Page 12 of 12 Page 304 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 19, 2021 3:34 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- A-24) Plowright Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 305 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:April 19, 2021 3:12 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-24) Plowright Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 306 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:April 22, 2021 2:39 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-24) Plowright Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 307 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... Lake Silmcoe Region conservation authority www.LSRCA.on.ca Sent by E-mail:akaraiskakis@oro-medonte.ca April 26, 2021 File No: 2021-A-24 IMS File No.: VA-137548-041921 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application 1 Sunnyside Avenue Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to construct a single detached dwelling addition/deck seeking relief for front yard and exterior side yard setback as well as setback from the average highwater mark. 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 308 oli:531.800.465.0437 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re- MinmkApAnionsaik�p... conservation authorit Page 2of3 Feehxrea Lake� Simcoe Region,.,r LSRCA lVatarshraBcrornaary Q LSPP Wakr-jhed Boundary -- Reguiahon Boundary Y. 87 KESHCF.E Rb E RegllOMArea Asamon eeA1.Pwoe! f Lot and QxraAson E SR.F��NfY.E.gfiE '1•F .y} Road Labels 1N'afercoilrlrt IL Fnad3 '�; R NNELL tANF. � r�x�n�yr III .ak , Ra sway L Lower Ts1 Muruct*dy _R E 7y; Hgf<E i. UNNYSIDEAVE S' q4 fi ? Im:N7510 6Yf nrt.d u. 4f2fi202t rm�+rtr_rtn_ttrtls_ r.rlr_rxtw. �.0 ..�,.r r wr1 rd r..r..rw rwwR na.r ni.etra.rt.u®.teay. ■.�rarrrr�xrlw.taad ie o1Nsr�nrrn10°'n, �ir I}0-cLANEiL IISNE aa.ma.tnst trwtrrs�tsurlrra rw U0 cur �r.tr.ylwa r�wetw��srwriaue. ��sr.�r.aa1 nrorrw�.11r � SIt/ISY�.VYI St1;1xnJR iH.i.stilt is Iw��r Scale 1; 1111 iAe darn 41 0 21 41 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 garage and covered porch appear to be within the shoreline associated hazard lands however the new structures do not constitute a new residential use or residential intensification. Existing uses are permitted in hazard lands. 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 309 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minmk4wansaik p... conservation authorit Page 3 of 3 interference in any way with a watercourse or wetland.The location of the new garage and covered porch appear to be within the regulated area and will therefore require a permit from LSRCA. Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard 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/construction 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. Please inform us on the resulting decision for this Application. Sincerely, 3 Shawn Filson Planner 1 Page 310 of 531 6.g) 7.00 PM DS2021-060, Danielle Waters, Planner re: Minor Variance App... -+�ti I .pa oap .� w �y o � }� .c z t ° E: .any puowAg 'f J i W m I •any epI&Auung *%%—woo ` N 0 � !o •any eieqJeg N C) •any el4dog N " O Cu C) CL CO J a) � Cu_ a) N a) o � 0 C) O — Cu ) a) a) . CuIZ- a) O -0 O o cn C: 'L -r— a) — m c� C) � O >> J >, C 0 -C i — m 0 C . . 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O CO N (D LO T N N (n � N c Q O M - N M E N C O -p OLD O M -0 Q N Q C N : > O U �Lf N Q O C (n M _0 E `O E E `O -0 N (�6 0 (6 O � �� OJ O),qJ 0) _ � .� ,-� O N Q (6 -0 (n (6 = O E 'E � O � (n O 0 >+ C N N O) M (n 7 Q n M (6 O Do- (6 CO c E -o ai o n O � c c c U 0 Q0o 5_ o � � = c c5 � Q � U .— MU .— O Qca C_ Q G Q z > c (on M .E M .E -0 (a a) o _0 Q o _0 0 0 C a) � � (n � � c� � (n I— > 5F > 2F � � U c > o 0 E V 0 -0U) F Q A+ U W � Page 322 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re: Mino... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-056 Development Services Catherine McLean Committee Intermediate Planner Meeting Date: Subject: Motion # May 5, 2021 Minor Variance Application 2021-A-25 Roll #: 2187459 Ontario Ltd. R.M.S. File #: 4346-010-009-07900 44 Line 9 South D13 59340 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-056 be received and adopted. 2. That Minor Variance Application 2021-A-25 by 2187459 Ontario Ltd. specifically for permission to build a 1,858.0 square metre (20,000.0 square feet) warehouse for their existing auction business with a minimum width of the planting strip adjacent to the front lot line of 1.2 metres (3.9 feet), a minimum width of the planting strip adjacent to the southerly and westerly exterior side lot lines of 1 .2 metres (3.9 feet), permit accessory outdoor display and sales in the Economic Development (ED) Zone, permit accessory outdoor display and sales that encroach 9.8 metres (32.2 feet) into the required westerly exterior side lot line, and to recognize the existing loading spaces that are located in an exterior side yard on lands municipally known as 44 Line 9 South, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-056. 3. The conditions are as follows: a) That notwithstanding Table B3, Section 5.2, Section 5.2 (a) and Section 5.13.2, the proposed development shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed building, accessory outdoor display and sales, and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy the permits and approvals required from the Ministry of Transportation; d) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; and, e) That the applicant obtains Site Plan Approval from the Township with respect to the construction of the proposed warehouse building and related matters including landscaping and contributing to the improvement Development Services May 5, 2021 Report No. DS2021-056 Page 1 of 13 Page 323 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re. Mino... of the appearance of the Highway 11 Corridor in accordance with the Official Plan; and, f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after: i. The Committee's Minor Variance decision becomes final and binding; and, ii. The applicant has obtained Site Plan Approval from the Township pursuant to Section 41 of the Planning Act. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 2.0 hectares (4.99 acres) and contains a 557.4 square metres (6,000.0 square feet) commercial/industrial building, a metal building (to be demolished), as well as outdoor display and sales for their existing auction business, All Star Auctions. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicant is proposing to demolish the existing metal building and build a 1 ,858.0 square metre (20,000.0 square feet) warehouse for their auction business. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Table B3 — Minimum width of planting strip adjacent to front lot line Required. Proposed: 6.0 metres (19.7 feet) T1 .2 metres (3.9 feet) Table B3 — Minimum width of planting strip adjacent to exterior side lot line Required: Proposed: 6.0 metres (19.7 feet) 1 .2 metres (3.9 feet) - southerly exterior side lot line 1 .2 metres (3.9 feet) - westerly exterior side lot line Section 5.2 —Accessory outdoor display and sales Required. Proposed: Permitted in the Local Commercial (LC) Located in the Economic Development and General Commercial GC Zones. ED Zone. Section 5.2 a —Acc ssory outdoor display and sales Required: Proposed: The area devoted to the accessory The accessory outdoor display and sales outdoor display and sales may encroach are proposed to encroach 9.8 metres into the required exterior side yard a (32.2 feet) into the required westerly maximum distance of 4.5 metres (14.7 exterior side lot line. feet). Development Services May 5, 2021 Report No. DS2021-056 Page 2 of 13 Page 324 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re: Mino... Section 5.13.2 — Permitted location for loading spaces Required: Proposed: Loading spaces shall be located only in The existing loading spaces are located in an interior side yard or rear yard. an exterior side yard. The applicant's site plan and perspective drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1.1.4 — Rural Areas is applicable to this application. Planning Staff is of the opinion that the proposed expansion to an existing commercial use is consistent with the policies of the PPS in that it promotes regeneration, it uses rural infrastructure efficiently and promotes diversification of the economic base and employment opportunities. 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. Section 2.2.9.3 c) states that development outside of settlement areas may be permitted on rural lands for: other rural land uses that are not appropriate in settlement areas provided they: I. are compatible with the rural landscape and surrounding local land uses; II. will be sustained by rural service levels; and, III. will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations (p. 27-28). Planning Staff are satisfied that the expansion to the existing commercial use is compatible with the surrounding land uses and can be sustained by rural services. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside the Lake Simcoe Region Conservation Authority's regulated area and the Township is not required to circulate minor variance applications that are not within the regulated area to the LSRCA. However, the property is located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP). The Lake Simcoe Region Conservation Authority (LSRCA) participated in the pre- consultation meeting for the proposed development and indicated that the application Development Services May 5, 2021 Report No. DS2021-056 Page 3 of 13 Page 325 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re: Mino... constitutes major development as defined by the Lake Simcoe Protection Plan. Accordingly, the applicant will be required to submit a site plan and stormwater management report to the LSRCA for review as part of the Site Plan Application review process. County Official Plan The property is designated Agricultural in Simcoe County's Official Plan. The Agricultural Designation permits limited non-agricultural uses in prime agricultural areas. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the expansion of the existing industrial use is not anticipated to have any adverse impact on the local agricultural operations. 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. 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 Industrial in the Township's Official Plan. The intent of the Industrial Designation is: • To ensure that the design of new industrial development is sensitive to the rural character of the Township and contributes to the improvement of the appearance of the Highway 11 Corridor. Permitted uses in the Industrial designation include: warehousing uses as well as accessory retail. Section C8.5.1 — New industrial uses and expansions to existing industrial uses, sets out conditions under which proposed development is subject to Site Plan Control. This section also sets out the policies that shall be considered by Council when an application for Site Plan Control is submitted. These include: Development Services May 5, 2021 Report No. DS2021-056 Page 4 of 13 Page 326 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re. Mino... a) Adequate parking and loading facilities shall be provided on the site. These facilities, except for a limited amount of visitor parking, should not be located between the building(s) and Highway 11 . b) Adequate buffering from adjacent residential uses shall be provided onsite. c) Buildings shall be designed to blend in with their surroundings and with other buildings in the area. d) Buildings or structures on untreed sites shall incorporate landscaping to enhance the site and surrounding area. e) A high standard of landscaping shall be required on the lands adjacent to Highway 11. f) Outdoor storage areas shall be substantially screened from view from passing traffic on Highway 11 . g) Where a proposed use abuts or is in close proximity to an existing residential use, fencing, landscaping, berming or a combination of these features shall be utilized to ensure that there is adequate screening between the uses. Based on the size of the proposed building, the proposed development is subject to Site Plan Control. The applicant has submitted a Site Plan Application in conjunction with the Minor Variance application. The details of the proposed development, such as parking, property aesthetics and landscaping, will be addressed through the Site Plan Application process. The Site Plan Agreement will be registered on title of the property and securities will be collected to ensure that the development is completed in accordance with the agreement. Planning Staff notes that none of the requested variances would restrict the north side of the property, including the former School House Road allowance which was purchased by the applicant in 2014 and has been merged with the subject lands. Therefore, it is Planning Staff's opinion that the variances, if granted, would not interfere with the applicant's ability to undertake visual enhancements along the north side of the property through the Site Plan Approval process in order to contribute to the improvement of the appearance of the Highway 11 Corridor as required by the Official Plan. Based on the above, Planning Staff is of the opinion that the application conforms to the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Economic Development (ED) in the Township's Zoning By-law 97-95. According to Table A3 — Industrial Zones Permitted Uses, auction centres are permitted in the ED Zone. The applicant is proposing to build an 1 ,858.0 square metres (20,000.0 square feet) warehouse for the existing auction business and is seeking relief from the Zoning By-law to: • Reduce the minimum width of the planting strip adjacent to the front lot line from 6.0 metres (19.7 feet) to 1.2 metres (3.9 feet) • Reduce the minimum width of the planting strip adjacent to the exterior side lot line from 6.0 metres (19.7 feet) to 1.2 metres (3.9 feet) for both the southerly and westerly exterior side lot lines; • Permit accessory outdoor display and sales in the Economic Development (ED) Zone; Development Services May 5, 2021 Report No. DS2021-056 Page 5 of 13 Page 327 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re. Mino... • Permit the accessory outdoor display and sales to further encroach into the required exterior side yard from 4.5 metres (14.7 feet) to 9.8 metres (32.2 feet) into the required westerly exterior side lot line; and, • Recognize the existing loading spaces that are located in the exterior side yard. All the variances requested are to legalize existing conditions on the site. Section 5.13.1 of the Zoning By-law, states that all uses in an Industrial Zone are required to have a minimum of two loading spaces if the gross floor area is greater than 2,300 square meters (24,758 square feet). Section 5.13.2 states that those loading spaces shall only be located in an interior side yard or rear yard. The applicant has requested to legalize the location of the five existing loading spaces which are located in the exterior side yard. The subject lands are unique as they are surrounded on all side by roads: Line 9 South to the east, Highway 11 to the north and the Highway 11 overpass to the south and west of the property, see the aerial image attached as Schedule 2 to this report. Note that the School House Road allowance was purchased by the applicant in 2014 and has been merged with the subject lands. Based on the Zoning By-law's definitions for lot lines, Line 9 South is considered the front lot line and all other lot lines are considered exterior side lot lines as they divide the lot from a public street. As a result, a number of the variances requested were necessary simply because the property does not have an interior side lot line or rear lot line. Table B3 indicates that uses in the Economic Development zone are required to have a planting strip adjacent to the front and exterior lot lines with a minimum width of 6.0 metres (19.7 feet). The purpose of the planting strips is to provide landscaped areas adjacent to road in order to create more aesthetically pleasing streetscapes and help soften the appearance of often unsightly industrial uses. The applicant has requested to legalize the existing widths of 1 .2 metres (3.9 feet) adjacent to the front lot line and 1 .2 metres (3.9 feet) adjacent to the southerly and westerly exterior side lot lines. Due to the unique characteristics of this lot being bounded on all four sides by roads, the site technically requires planting strips adjacent to all the lot lines. As part of the auction business, they temporarily store the items to be auctioned outside. Section 5.2 of the Township's Zoning By-law permits accessory outdoor display and sales on properties zoned Local Commercial (LC) and General Commercial (GC). Accessory outdoor display and sales are permitted in commercial zones to showcase items for sale and attract passing vehicles to stop and look at their products for sale. The permitted auction centre functions similarly and relies on visibility from Highway 11 to attract customers. The applicant has requested to legalize the existing accessory outdoor display and sales by requesting a variance to permit it in the Economic Development Zone. As per Section 5.2 (a) of the Zoning By-law, the area devoted to the accessory outdoor display and sale may encroach into the required exterior side yard a maximum distance of 4.5 metres (14.7 feet). The applicant has requested to legalize the existing setback of 1.2 metres (3.9 feet) from the westerly exterior side lot line, which means they require a variance for the increased encroachment of 9.8 metres (32.2 feet) into the required 11 .0 metres (36.1 feet) westerly exterior side yard setback. In Planning Staff's opinion, this increased encroachment does not have any adverse impact as the west lot line is adjacent to the Highway 11 overpass which is elevated over the property. Development Services May 5, 2021 Report No. DS2021-056 Page 6 of 13 Page 328 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re. Mino... Based on the above, Planning Staff is satisfied that the proposed development would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noticed that all the variances requested are to recognize existing conditions on the site. Legalizing these items with not have any adverse impact on the surrounding properties and will not detract from the commercial/industrial character of the existing properties along the Highway 11 corridor and the related Site Plan Approval application will provide the opportunity to enhance the appearance of the property and the Highway 11 corridor. Furthermore, a number of the variances requested were simply required due to the property's unique location being surrounded on all sides by roads. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as they are not anticipated to have any adverse impacts on the neighbouring properties and they will not detract from the existing commercial/industrial character of the properties adjacent to Highway 11 . As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend 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 • 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 Development Services May 5, 2021 Report No. DS2021-056 Page 7 of 13 Page 329 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re. Mino... 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 consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Perspective Drawing Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-25 be approved, specifically to permit construction of a 1 ,858.0 square metres (20,000.0 square feet) warehouse for their existing auction business with a minimum width of the planting strip adjacent to the front lot line of 1 .2 metres (3.9 feet), a minimum width of the planting strip adjacent to the southerly and westerly exterior side lot lines of 1.2 metres (3.9 feet), permit accessory outdoor display and sales in the Economic Development (ED) Zone, permit accessory outdoor display and sales that encroach 9.8 metres (32.2 feet) into the required westerly exterior side lot line, and to recognize the existing loading spaces that are located in an exterior side yard on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Development Services May 5, 2021 Report No. DS2021-056 Page 8 of 13 Page 330 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re. Mino... Respectfully submitted: Catherine McLean, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services April 29, 2021 Andria Leigh, Director Development Services April 29, 2021 Development Services May 5, 2021 Report No. DS2021-056 Page 9 of 13 Page 331 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re. Mino... Schedule 1: Location Map Yas�p Rdi onsrone•Rd. � IH. "hp V.11.l NI Z 73 idd. •lad �,, 72 J 50 ;:I- 74 10 School House Rd. 44 51 136 h7 Oa 138 J 137 148 160 Schedule 1 Location ®Subject Lands Proud Heritage,Exciting Fature 0 200 M File Number,2021-A-25 N I i i i 1 Development Services May 5, 2021 Report No. DS2021-056 Page 10 of 13 Page 332 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re. Mino... Schedule 2: Aerial Photo m xa p�•Ya II l7ryRd. ��..m� �i.. _ N i choOl Ouse e e' XI n Ui a � d= Schedule 2 Aerial Photo �f* hip E3Subject Lands Proud Heritage,Excirht,,Future o 50 m File Number,2021-A-25 N I r r r I Development Services May 5, 2021 Report No. DS2021-056 Page 11 of 13 Page 333 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re. Mino... Schedule 3: Applicants' Site Plan r o C ONC s 151GN 9 - jt125`s� �p AO- l FRR R�s sn: �C �r.0 fO'F i•.nr..sOrLl 1 J{� P 'UPPER ar1lm f.2m BUFFER r ` w _ a IT 121"5 1 IT » TRAN �+ ^°„ � J � NnsaexourE ewrwwcE SED M.Gen x 30AaMSTORRAGE BUfCQNG Nw ee��v`v' l •i I..W t1�S.u^fir ,a Afmvrn / ASERWIE alnew:` -" k ABLUUION6MINUM r gEpnc i; s 1.2m BUFFER PAR-1,,PLAN Md3 ' 7o r79 P-1725—'!1j C� ' ,%' C � SSI0N r' Schedule 3 aw Applicant's Site Plan aim S File Nu tuber 2021-A-25 Prnnd Heritage,Excitiu,Q Fr+n.are Development Services May 5, 2021 Report No. DS2021-056 Page 12 of 13 Page 334 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re. Mino... Schedule 4: Applicant's Perspective Drawing a� .T d s N A Schedule 4 Applicant's Perspective Drawing r>,.rrshzp f File Nu tuber 2021-A-25 Proud Heritage,E.rciriu,Q Fr+ture Development Services May 5, 2021 Report No. DS2021-056 Page 13 of 13 Page 335 of 531 6.h) 7.10 PM DS2021-056, Catherine McLean, Intermediate Planner re. Mino... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 23, 2021 9:03 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- A-25) 2187459 Ontario Ltd. Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 336 of 531 6.h) 7:10 PM DS2021-056, Catheri a lie-aind d4tvaP ame:mmiNboo... 6h) Additional correspondence received From: Blaney, Cameron (MTO) <Cameron.Blaney@ontario.ca> Sent: May 3, 2021 1:34 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-25) 2187459 Ontario Ltd. This site is not within MTO permit control area and MTO permits are not required. Cameron Blaney I Corridor Management Planner I Simcoe&York Highway Corridor Management Section—Central Operations 159 Sir William Hearst Avenue I Ministry of Transportation 7t" Floor, Building D I Downsview, Ontario I M3M OB7 416-358-7871 Cameron.Blaney@ontario.ca Page 337 of 531 6.h) 7.10 PM DS2021-056, re: Mino... 6h) Additional correspondence received From: Metras,Justin <jmetras@oro-medonte.ca> Sent: May 4, 2021 8:10 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Leigh, Andria <aleigh@oro-medonte.ca> Subject: Minor Variance Application 2021-A-25 44 Line 9 South Teresa Operations has no objections to the application. We did however during the pre-consulting meeting for their site plan, request a 3.Om road widening along Line 9 S as it is noted as being a collector road in the Roads Needs Study. This has not been reflected in the submitted site plan. 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C) m U 0) r C U) a) c (� U) (n c c > > c D 'c O (n N Q W N N O O -0 T N N C C C U (B E U N Q ? F (�0 -0 c� m O U) .0 .0 0 -0 o EQ c U (D 'U-) (D � > U) O) O- m 0- 0- 0-. Q O Q (6 Uri a) .� Q c (o (o (o.� (�U (o -o_ (o a) a) Q z o � c oN U) a) O o 3 � i� : i� i� i� i� -0i� UC) (D tea) `o Uxi off 0 _0 cam i� E c O U (� o H H Ux) of o .E Q (D LL � Page 348 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re: Minor Variance Ap... ,M Township of l� Report keVIOIMPIP Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-061 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # May 5, 2021 Minor Variance Application 2021-A-26 Roll #: Tyler and Amanda Chapman R.M.S. File #: 4346-010-002-15734 11 Fairway Court D13-59342 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-061 be received and adopted. 2. That Minor Variance Application 2021-A-26 by Tyler and Amanda Chapman, specifically for permission to permit a detached accessory building (unenclosed gazebo) with a rear yard setback of 1 .31 metres (4.3 feet) on the lands municipally known as 11 Fairway Court, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-061 . 3. The conditions are as follows: a. That notwithstanding 5.1 .3 b) — Rear Yard, detached accessory buildings of Zoning By-law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That 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 accessory building is located no closer than 1 .31 metres from the rear lot line; d. That the appropriate Zoning Certificate, Engineered Lot Grading Plan 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 May 5, 2021 Report No. DS2021-061 Page 1 of 10 Page 349 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re: Minor Variance Ap... Background: The subject property has a lot area of 0.15 hectares (0.37 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 inground pool. The applicants are proposing to construct a detached accessory building with a floor area of 39.0 square metres (400.0 square feet). The applicants are requesting relief from the following Section of Zoning By-law 97-95, as amended: 5.1 .3 b — Rear Yard, Detached accessory buildings Permitted: Proposed: 2.0 metres 6.56 feet 1 .31 metres 4.3 feet 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 (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.3 — Settlement Areas 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 Settlement Areas section supports residential development and intensification within these boundaries; the applicants are proposing construction of a new detached accessory building that would be permitted by these policies. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. The subject application has been reviewed by planning staff with respect to the Places to Grow policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification ... [and] 1) directing development to settlement areas ...... Development Services May 5, 2021 Report No. DS2021-061 Page 2 of 10 Page 350 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re: Minor Variance Ap... 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 is a residential lot within a rural settlement area (Horseshoe Valley). Planning Staff is of the opinion that this application for a new detached accessory building conforms to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements, and minimize land consumption and servicing costs" (County of Simcoe, 2016). In Planning Staff's opinion, the proposed detached accessory building is consistent with the County's Official Plan as it is accessory to the existing permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent of the Official Plan? The subject land is located in the Rural Settlement Area of Horseshoe Valley and are designated Low Density Residential in accordance with Schedule D — Horseshoe Valley, which forms part of the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation include dwellings and accessory uses. 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 variance pertaining to this application are considered to conform to the general intent and purpose of the Official Plan. Development Services May 5, 2021 Report No. DS2021-061 Page 3 of 10 Page 351 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re: Minor Variance Ap... Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97-95, as amended. Detached accessory buildings are permitted in the R1 Zone. The primary purpose of rear side yard setbacks is to provide spatial separation between residential properties, as well as provide space for access, maintenance and drainage around buildings and structures. Planning Staff believe that the proposed setback will provide adequate spacing between the property lines. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to standout, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted vegetation along the North/East/South lot lines which aid in covering the view from neighbouring properties. The property to the rear is vacant land, formerly a golf course. 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. The proposed variance would enable the gazebo to be located in such a manner as to preserve a functionally adequate landscaped amenity space in the rear yard. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature, as the structure is not anticipated to have an adverse impact on the neighbourhood and would be a consistent use with the surrounding properties. As the proposed variance are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered 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. Development Services May 5, 2021 Report No. DS2021-061 Page 4 of 10 Page 352 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re: Minor Variance Ap... Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 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 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 objections, ELG maybe required, noted that floor area is incorrect on map • Township Building Services — no comments • Township Infrastructure and Capital Projects — no objections Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Drawing Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-26 be approved, specifically to permit a detached accessory building with a reduced rear yard on the lands municipally known as 11 Fairway Court on the basis that the application is Development Services May 5, 2021 Report No. DS2021-061 Page 5 of 10 Page 353 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re: Minor Variance Ap... consistent with and conforms to Provincial policies and plans, the County and Township Official Plans and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services April 29, 2021 Andria Leigh, Director, Development Services April 30, 2021 Development Services May 5, 2021 Report No. DS2021-061 Page 6 of 10 Page 354 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re- Minor Variance Ap... Schedule 1: Location map 1 16 -wao�am�•an.... 14 2 12 8 xorseaM'a•vaier,xe...,. 10 3325 aid 12 r 14 aOx. N + 8 16 r �igr�a 7 Aid9C. °ad 22 9 1 3315 24 2 17 19 3 21 4 23 5 25 6 7 27 8 9 Z a 57 c J 0085 11 55 53 13 0085 51 3303 15 49 50 17 47 48 18 19 45 46 20 21 43 44 23 22 41 �dlrLyay Ct 25 39 37 g5 33 3 27 Schedule 1 Location '1 awash i1�of Subject LandsfY�,� ` Proud Heritage,Exciting Future 0 100I71 File Number:2021-A-26 '� I 1 1 1 Development Services May 5, 2021 Report No. DS2021-061 Page 7 of 10 Page 355 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re- Minor Variance Ap... Schedule 2: Aerial Photo --�11,epRd. one[an•Rd. Haisaeh�P a11e�y+IRd. I M• }Ih �I-Tae C idg' ead V •L [ LL a I!' 1 � Schedule 2 Aerial Photo --�' Township of Subject Lands Proud Heritage,Exciting Future 0 20 M File Number:2021-A-26 N I Development Services May 5, 2021 Report No. DS2021-061 Page 8 of 10 Page 356 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re- Minor Variance Ap... Schedule 3: Applicant Site Plan SCHEDULE"6"-SITE f / PLAN t�AN I9 FAIRWAY I 1 V SID�c 3rJ,V�YY, Al l Gnu b� �.s1 P% c PooOL ++ � � � saa r�I q V �InO�routiG� J Uf f C.C. Iz 4 s 9.57m 1©.11 Schedule 3 Applicant's Site Plan 0 Tor File Number 2021-A-26 Proud HeritnRe,Excraia,Q Future Development Services May 5, 2021 Report No. DS2021-061 Page 9 of 10 Page 357 of 531 6J) 7.20 PM DS2021-061 , Danielle Waters, Planner, re- Minor Variance Ap... Schedule 4: Elevation Drawings zu, 8 4 tiT:L DI II 7r,- p X 'qo O c� '? — o � Schedule 4 Applicant's Elevation Drawing -7--� 0 T 'fJeec�r��,t� File Number 2021-A-26 I'rauri HeritnRe,Exaaia,Q Future Development Services May 5, 2021 Report No. DS2021-061 Page 10 of 10 Page 358 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re: Minor Variance Ap... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 19, 2021 3:31 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- A-26) Chapman Teresa Development Engineering has No Objection to the above noted Application. Please Note: The Applicant has made a significant error as to the size of the structure. With the structure dimensioned @ 6.Omm x 6.09m - the size = 37.09 sq. m. Not the notated 12.18 sq. m. The determination of the requirement for an ELG shall be made at the time of Zoning Permit Application, prior to a Building Permit Application being made. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 359 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re: Minor Variance Ap... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:April 19, 2021 3:14 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-26) Chapman Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 360 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re: Minor Variance Ap... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:April 22, 2021 2:45 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-26) Chapman Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 361 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re: Minor Variance Ap... 4101 z 3 °+ Cu E -N 4 aui� CL Cu r i CU �arNay Ct. 43 N O a you � balley'-Ye y Cu Ca •CU a) CLCL Q Q Cn 4-0 U O a) ca .Cu >1 O c/ � a) > a ILL _0 . . Cu . . O a m a) cn . . — O CU o �C/) J o = (D Page 362 of 531 6.i) 7.20 PM DS2021-061 , Danielle Waters, Planner, re: Minor Variance Ap... 4101 rn � w � to z � Cu (n E cu CU U � � (6 m 0 0) � N � � U CO O N N -0 o _ QCa N U O cn N ° a) a) a) 0O o o � � 4--+ l O M CuT .v O o4-0 O QL-- 4-0 Q a a U � ca T CuCu 70 - Cu C6 a)> U) Cu 0 i LO I— : a) M . . 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O L N L O 'C _0 L O 0 Q N Q _ to L 0 Q L Q O z O � QO0 0)— (u L > - O O O N N L L 0 O O N +--� C L a1) UU) � 0M0MQMQ0 (o >, 70 Cu � (1) m m -0m O _0 O 0 04 r� V N Page 371 of 531 6.j) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re: Minor Vari... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-064 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # May 5, 2021 Minor Variance Application 2021-A-27 Roll #: Andrew and Susy McIntyre R.M.S. File #: 4346-010-009-80500 156 Tudhope Boulevard D13-59343 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-064 be received and adopted. 2. That Minor Variance Application 2021-A-27 by Andrew and Susy McIntyre, specifically for permission to construct a detached accessory building with an increased height of 5.5 metres (18.0 feet) and an increased floor area of 155.4 sq.m. (1,672.7 sq.ft) with an attached covered patio having an area of 43.5 square metres (468.0 square feet) on lands municipally known as 156 Tudhope Boulevard, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-064. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4 Maximum Height and Section 5.1.6 Maximum Floor Area of Zoning By-law 97-95, as amended, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed structure is not to be used for human habitation or commercial purposes; c) That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d) That the applicants maintain the existing vegetative buffer on the interior property line, or replace with a similar vegetative buffer; and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan 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. Development Services May 5, 2021 Report No. DS2021-064 Page 1 of 14 Page 372 of 531 6J) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re. Minor Vari... 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property is located on the north side of Tudhope Boulevard having a lot area of 0.6 hectares (1.4 acres) and currently supports a single detached dwelling and a small garden shed (refer to Schedules 1 and 2). Surrounding land uses consist of similar sized residential lots to the east, south and west and woodlands to the north. The applicants are proposing to construct a 2-storey detached accessory building (garage) and are requesting relief from the following sections of Zoning By-law 97-95, as amended: Section 5.1 .4 — Maximum height Required. Proposed: 4.5 metres 14.7 feet 5.5 metres 18.0 feet Section 5.1 .6 — Maximum floor area Required: Proposed: 70.0 square metres (753.5 square feet) 198.9 square metres (2,141.0 square feet) - 1 st storey floor area (85.8 sq.m/924.0 sq.ft) - 2 nd storey floor area (69.6 sq.m/749.0 sq.ft) - covered patio area (43.5 sq.m/468.0 sq.ft) The applicant's site plan drawing, elevations and floor plans are included as Schedules 3 to 5 to this report. Analysis: Provincial Policy Statement (2020) The Provincial Policy Statement 2020 (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1 .1.4 — Rural Areas is applicable to this application. The Rural Areas policies have been reviewed and Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement as the proposed structure is accessory to the existing residential use. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building (garage) is consistent with Development Services May 5, 2021 Report No. DS2021-064 Page 2 of 14 Page 373 of 531 6J) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re. Minor Vari... the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established residential area. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. In accordance with Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p.54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory building will not expand into a key natural heritage feature. The location of the proposed detached accessory building is not regulated by the Lake Simcoe Region Conservation Authority (LSRCA); however, since portions of the property are regulated, the application was circulated to the LSRCA. The LSRCA have advised that they are satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. They indicate that the applicants will not be required to obtain a permit from LSRCA as site alteration/construction is not proposed in the regulated area. County Official Plan The property is designated Rural in the Simcoe County Official Plan. The Rural Designation permits residential development. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the proposed detached accessory building (garage) is accessory to the permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services May 5, 2021 Report No. DS2021-064 Page 3 of 14 Page 374 of 531 6J) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re. Minor Vari... Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated "Shoreline" in accordance with Schedule "A— Land Use" of the Township's Official Plan (refer to Schedule 6). Permitted uses in this designation include single detached dwellings and, by extension, accessory uses on existing lots. Therefore, the proposed detached accessory building conforms to the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) by the Township's Zoning By- law 97-95, as amended (refer to Schedule 7). Single detached dwellings and accessory uses such as detached garages are permitted in the SR Zone. The applicant is seeking relief from the Zoning By-law to allow an increase in height from the permitted 4.5 metres (14.7 feet) (measured to the mid-point of the roof) to 5.5 metres (18.0 feet), and an increase in floor area from the permitted maximum of 70 square metres (753.5 square feet) to 155.4 sq.m. (1,672.7 sq.ft) with an attached covered patio having an area of 43.5 square metres (468.0 square feet). Detached accessory buildings are subject to maximum size restrictions to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot, and to prevent over-development that would detract from the character of the area. The applicants are proposing to build a two- storey detached accessory building behind the dwelling and have requested an increase in floor area and height. According to the applicants, the second storey is proposed to be used for storage. Despite the proposed increase in the floor area, the proposed accessory building will be well within the maximum permitted lot coverage of 5%. The proposed accessory building will be smaller than the existing single detached dwelling which is approximately 295.0 square metres (3,176.0 square feet) according to Township Building Permit records. Based on the size of the dwelling, the proposed accessory building will remain secondary and subordinate to the primary residential use on this lot. For the reasons outlined above, Planning Staff is of the opinion that the variances meet the general intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the proposed detached accessory building will have a minimal impact on the surrounding neighbours, as the accessory building will be located 5 metres (16 feet) from the westerly lot line and 48 metres (157 feet) from the front lot line. The west lot line is buffered by large, mature vegetation. Furthermore, the Development Services May 5, 2021 Report No. DS2021-064 Page 4 of 14 Page 375 of 531 6.j) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re. Minor Vari... proposed accessory building will be located at the rear of the lot; therefore it will have a minimal impact from the road and will be well screened from surrounding properties. Due to the fact that the proposed accessory building is located behind the dwelling and is screened from view from the neighbouring properties, Planning Staff believe that it is appropriate within this context. The proposed development will not interfere with functional matters such as the septic system, parking or rear yard amenity space. A similar structure may not be supportable on every property within this neighbourhood depending on size, location and screening from view. Planning Staff recommend that as a condition of the minor variance the applicants maintain and preserve the existing vegetative buffer on the interior property lines, or replace with a similar vegetative buffer if destroyed to ensure that the building remains screened from view from the neighbouring properties. 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. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed detached accessory building is not anticipated to have any adverse impacts on the neighbouring properties as mature vegetation on and around the property will screen the proposed detached accessory building and it will not detract from the residential character of the neighbourhood. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • 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 May 5, 2021 Report No. DS2021-064 Page 5 of 14 Page 376 of 531 6J) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re. Minor Vari... 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 objections. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Infrastructure and Capital Projects — no comments. • Lake Simcoe Region Conservation Authority - LSRCA are satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. No permit is required. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Garage Floor Plans Schedule 5: Applicant's Garage Elevations Schedule 6: Township Official Plan — Land Use Schedule 7: Existing Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-27 be approved, specifically to permit the construction of a detached accessory building (garage) with an increased height of 5.5 metres (18.0 feet) and an increased floor area of 155.4 sq.m. (1,672.7 sq.ft) with an attached covered patio having an area of 43.5 square metres (468.0 square feet) on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Development Services May 5, 2021 Report No. DS2021-064 Page 6 of 14 Page 377 of 531 6.j) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re. Minor Vari... Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager, Planning Division April 29, 2021 Andria Leigh, Director, Development Services April 29, 2021 Development Services May 5, 2021 Report No. DS2021-064 Page 7 of 14 Page 378 of 531 6.j) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re- Minor Vari... Via seY'R17 .Ma 1 s.—Rd 465 HO—Wo b7U. fn 7 �. 56 78 90 102 114 130 142 156 172 188 202 216 234 246 Tudhope Blvd. 51 73 85 99 113 129 145 163 175 11 245 10 .L af a 5 Y 54 68 84 98 114 130 144 158 172 754 762 188 198 746 5pringhome Rd. Lakeshore Rd.E. 169 187 59F75T89F14 10 $ 6 4 2 165 177 712 F�8T, 759 765 181 Schedule 1 -. Location Township of ® Subject Lands Proud Heritages Exciting Future 0 150 rn File Number:2021-A-27 N I r 1 Development Services May 5, 2021 Report No. DS2021-064 Page 8 of 14 Page 379 of 531 6J) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re: Minor Vari... .Mn'o .Rd i k.tee P Y Tudhope Blvd. a, Schedule 2 Aerial Photo 4r4 TOWt7S�[IjJ 0e O Subject Lands j Proud Heritage,Exciting P[[[[ere a ao m File Number:2021-A-27 ti I [ i i Development Services May 5, 2021 Report No. DS2021-064 Page 9 of 14 Page 380 of 531 6.j) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re: Minor Vari... I I v �u r -- ---- y IXISIINGSEPIIC II II LU CL qq it 11 ' r I - 1 EA$11WQ 91NGiE[ I Ypr�1uNG I MALIDANMY I oil - r `� w_ula'w PfLti RhG48 i 1 I ` I I t � c �I t Schedule 3 Applicant's Site Plan File Number 2021-A-27 Proud Heritnge,Fxciting Future Development Services May 5, 2021 Report No. DS2021-064 Page 10 of 14 Page 381 of 531 6j) 7-30 PM DS2021-064, Andy Karaiskakis, Senior Planner re- Minor Vari r . ........... ----------- ----------- r wage ...red p5i. Area=468 000 V garage -------------- relo ----------------------------- IF —4— V-1 main floor plan loft plan Schedule 4 Applicant's Garage Floor Plans 0 T, h f File Number 2021-A-27 Proud Heritage,Exciting Future Development Services May 5, 2021 Report No. DS2021-064 Page 11 of 14 Page 382 of 531 6.j) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re- Minor Vari... I I I I 1 1 I I I I I a0 p lit ❑El I � ooLQ 1 I t I i i i f I I I I I I I I I I I I I I I _ -- � I I I I I I I I I I I I I I I I I I I I I I I I I I I Y I I I I I =-r - - I I I II I i i I I Ili i � I I II I ❑0 1 3 I I I j I EDEI I I I II II ' I I I I II I II I l i E EJ� IIFF��I III 1 1 - ❑❑❑ i O i l i i i I i i li I '��I �21 I•ti -.- I ]1 I I I - Schedule 5 Applicant's Garage Floor Elevations V"7o��+mnR/f- File Number 2021-A-27 Proud Heritage,Exciting Future Development Services May 5, 2021 Report No. DS2021-064 Page 12 of 14 Page 383 of 531 6J) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re- Minor Vari... YaseyRd I id d 'J rseahl—Vol Rd. 20 Rid9e N I �a c J i 0 Tudhope_Blvd. N Y IG 1s= Q Y Springhome_Rd Y Lakeshor`e-Rd. E. �oriLI LL Pa kgid r ILd'ian-Rd� parksydefir: bn� . /q i �litche Lak—Wore Rd: Schedule 6 Township Official Plan - Land Use C:Subject Lands ii Environmental Protection Two 0 Shoreline lownshipof Rural Major Open Space �L Proud Heritage,Exciting Future 0 Agricultural -Environmental Protection One 0 aoo m File Number:2020-A-27 N I i i r I Development Services May 5, 2021 Report No. DS2021-064 Page 13 of 14 Page 384 of 531 6.j) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re- Minor Vari... ^II�IIYa she Jy�Rd: MOOI It a R�.e A/RU EF xgr . 'oe•F _C IIdul r N- '-Ridg'�TRDad V AIRU A f RU SR EP AJRU A RU SR Tudhope Blvd. r oS v SR rL+ R RS Q i Y Springhome Rd. Lakeshore Rd. E. SR 109 SR Memorial Cres. sSRto SR6JSR* -SR Indian Rd. � o os 4aYksiol r- �. SR a SR Schedule 7 Existing Zoning 0 SR(Shoreline Residential) `I uh'' of 0 A/RU(Agricultural/Rural) 15ubjeet Lands Proud Heritage,Exciting Future EP(Environmental Protection) 0 OS(Open Space) 0 200 m File Number.2021-A-27 N I i I Development Services May 5, 2021 Report No. DS2021-064 Page 14 of 14 Page 385 of 531 6J) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re. Minor Vari... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 22, 2021 3:15 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- A-27) McIntyre Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 386 of 531 6J) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re. Minor Vari... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:April 22, 2021 3:08 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-27) McIntyre Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 387 of 531 6J) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re: Minor Vari... Lake Silmcoe Region conservation authority www.LSRCA.on.ca Sent by E-mail:akaraiskakis@oro-medonte.ca April 27, 2021 File No: 2021-A-27 IMS File No.: VA-140780-042221 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application 156 Tudhope Boulevard Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to construct a detached accessory building with an attached covered patio.The Minor Variance is seeking relief from maximum height and maximum 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 regulated due to associated flood hazard of the adjacent watercourse (Burls Creek). • 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 388 oli:531.800.465.0437 6J) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Plan nWk1Fv MVari... conservation authority Page 2of3 F..m... 1 r Lake Simcoe Region [3 LSRCA Watershed Boundary 0 tSPP Wateshed Bwndaq Regulation Bwndary Regulation Area A�Wrent Pares+ Lol and Concnssan Road Labels M FUDHpFE a — Wffievcw w Roads r�rr wti.�: �Y Lew[row t wddpaity K T c7- 1 BL UfI7f2Q11 175 TIJQH E BLYG hoL �l�tr VVV �Ra, car...�wfwr+essa.u.r..w w..nr:r y r.0�ry4ur rrrr curry Mrii rira�+hM.fitia3w p�erb/swlw W�\�lfllra rs r.o orn w+�+n a L+ra acme�aaw HD BL co�anrn..naurrrrerrin,iuh..iwn�.,..e rr Tb. WNYr#o11�y.r�1[JPp�il�� iw r�wrrr r a t>.�PrtMti�r �fql��i4��]aC.r14 Lfhyll lrir, YrfYi+J K Snrc 1 1.4" f Metem Br o a sx 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 accessory building and patio are not within the immediate vicinity of any hazard lands or natural heritage features.The proposal is therefore consistent with Section 3.1 of the PPS. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or Page 389 of 531 6J) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Plan nWk1FG! MVari... conservation authority Page 3 of 3 interference in any way with a watercourse or wetland. The location of the accessory building and patio appear to be located outside of the regulated area and will therefore not require a permit from LSRCA. Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. The proposal will not require a permit from LSRCA. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner shall pay LSRCA$525 for review of this minor variance application. Please inform us on the resulting decision for this Application. Sincerely, Shawn Filson Planner 1 Page 390 of 531 6J) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re. Minor Vari... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:April 30, 2021 1:14 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-27) McIntyre Building Division has no comments at this time. Garry McCartney Chief Building Official Township of Oro-Medonte Page 391 of 531 6.j) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re- Minor Vari... ��01 a � w z U I` w � E a E c ' m c a N y N � v .a lwi ImaL O cu U ry Q _0 � N > U — 00 � _0 cu cu U) c) 10� pLO L_ . . . . U) a o " ca •— N O U Page 392 of 531 6.j) 7.30 PM DS2021-064, Andy Karaiskakis, Senior Planner re: Minor Vari... ��01 cn a) T U ^ � (D a—' a�0i U C O � �5 G CT C,7 ) a--� � 0O m O � ti � N O � � o � 0 0 m °DEEaD r U a) cr N a) O 0- Z3 CD � (ncr cn Iqc � LO N 76 NC �� O .�.� m Iq a) � � � � � -0 -0 � bL 0 O O O � Lc� +� (U O ao E 0 0 0 _ o �--+ O o � M m T � Q ( 0 (DC,7 C) •to (u cn N cn Cn O �. 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Minor Vari... Inwnship Jof p Re o rt uzco�- ,` 1 4 ff&w t,elProud Heritage, Exciting Future Report No. To: Prepared By: DS2021-065 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # May 5, 2021 Minor Variance Application 2021-A-28 Roll #: by 1711129 Ontario Inc. R.M.S. File #: 4346-010-008-10720 165 Line 4 South D13-59344 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-065 be received and adopted. 2. That Minor Variance Application 2021-A-28 by 1711129 Ontario Inc. be approved to permit a reduced front yard planting strip of 4.5 metres (14.7 feet) and a reduction of parking spaces to 76 spaces, on lands municipally known as 165 Line 4 South, Township of Oro-Medonte, subject to the conditions as outlined in Report DS2021-065. 3. The conditions are as follows: a) That notwithstanding Table B3 and Section 5.19 of Zoning By-law 97-95, the development of the lands shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after: i. the Committee's Minor Variance decision becomes final and binding; and, ii. the applicant has obtained a Site Plan Amendment Approval from the Township pursuant to Section 41 of the Planning Act. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The applicant is currently constructing an addition to the existing industrial building and is seeking relief from the following sections of Zoning By-law 97-95, as amended: Development Services May 5,2021 Report No. DS2021-065 Page 1 of 8 Page 403 of 531 6.k) 7.40 PM DS2021-065, Andy Karaiskakis, Senior Planner re: Minor Vari... Table B3 — Minimum width of planting stripadjacent to front lot line Required: Proposed: 6.0 metres 19.6 feet 4.5 metres 14.7 feet Section 5.19 — Parking Standards — Industrial/Warehouse/Business Office Required: Proposed: 78 spaces 76 spaces The subject property known as 165 Line 4 South consists of a parcel of land possessing a lot area of approximately 1 .3 hectares (3.2 acres), a frontage of approximately 104 metres (341 feet) along Winstar Drive and a frontage of approximately 122 metres (400 feet) along Line 4 South and support an industrial building (refer to Schedules 1 and 2). The applicants Site Plan is included as Schedule 3. A Site Plan application (Township File No. 2020-SPA-09) related to the proposed building addition was submitted by the applicant and obtained final Site Plan Approval on May 12, 2020. Should the Minor Variance be approved, the applicant will be required to submit a Site Plan Amendment application to the Township to implement the proposed variances. Analysis: Provincial Policies Provincial Policies and County of Simcoe Official Plan The policies of the Growth Plan for the Greater Golden Horseshoe 2019, the Provincial Policy Statement 2020 (PPS) and the County of Simcoe Official Plan guide most forms of commercial and industrial uses to be located within Settlement Areas. Although the subject lands are not within a designated Settlement Area, they are within an existing, locally designated employment area. Section 2.2.9.5 of the Growth Plan states that, "Existing employment areas outside of settlement areas on rural lands that were designated for employment uses in an Official Plan that was approved and in effect as of June 16, 2006 may continue to be permitted. Expansions to these existing employment areas may be permitted only if necessary to support the immediate needs of existing businesses and if compatible with the surrounding uses." The applicant's proposed industrial expansion conforms precisely to the above-noted Growth Plan policy and is in Planning Staff's opinion consistent with the PPS. The application also conforms to Section 3.7.5 of the County of Simcoe Official Plan which permits development in existing designated rural employment areas. 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. Development Services May 5,2021 Report No. DS2021-065 Page 2 of 8 Page 404 of 531 6.k) 7.40 PM DS2021-065, Andy Karaiskakis, Senior Planner re: Minor Vari... 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 Industrial by the Township's Official Plan. This designation permits manufacturing assembly, processing, fabrication, storage/warehousing, research establishments, wholesaling establishments, parking lots and portable asphalt plants. The proposed variances have been requested to accommodate an expansion to an existing industrial operation that manufactures plastic components for a number of industrial sectors. On this basis, the application conforms to the Official Plan. Do the variances conform to the general intent of the Township's Zoning By-law? The subject lands are zoned Economic Development (ED) Zone. The existing industrial building is a permitted use in accordance with the Zoning By-law. The proposed reduction to the width of the required landscape strip along Winstar Road from 6.0 metres to 4.5 metres is necessary to accommodate additional space for truck loading/unloading and backing up to the loading docks. In Planning Staff's opinion the proposed 4.5 metre wide landscape strip would still continue to provide a satisfactory amount of space to landscape and beautify the property, as well as provide an area for snow storage during the winter months. Planning Staff have reviewed the Gross Floor Area information provided by the applicant associated with the proposed parking space reduction and have no objections to a parking supply of 76 spaces from the required 78 spaces on the basis that the proposed 76 spaces is more than sufficient for the applicant's daily operations management (for employees and visitors). Based on the above, Planning Staff is satisfied that the variances meet the purpose and intent of the Zoning By-law and the approval of the variances would allow for the currently proposed building expansion to proceed. Are the variances appropriate and desirable development of the lot? The requested variances for a reduced landscape strip width and for requested parking reduction would not negatively impact the functionality or the appearance of the lot. Therefore, Planning Staff finds the variances to be appropriate and desirable. Development Services May 5,2021 Report No. DS2021-065 Page 3 of 8 Page 405 of 531 6.k) 7.40 PM DS2021-065, Andy Karaiskakis, Senior Planner re: Minor Vari... Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. For the reasons outlined above in this report, and also having concluded that the character, appearance and uses of surrounding properties will not be negatively impacted, it is Planning Staff's 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 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 • 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. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism are promoted and strengthened. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes and that the application is consistent with the Township's Strategic Goals. 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: Development Services May 5,2021 Report No. DS2021-065 Page 4 of 8 Page 406 of 531 6.k) 7.40 PM DS2021-065, Andy Karaiskakis, Senior Planner re: Minor Vari... • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects — No objection. Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Applicant's Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-28 be approved to permit a reduced front yard planting strip 4.5 metres (14.7 feet) and a reduction of parking spaces to 76 spaces on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date Derek Witlib, Manager, Planning Services April 29, 2021 Andria Leigh, Director, Development Services April 29, 2021 Development Services May 5,2021 Report No. DS2021-065 Page 5 of 8 Page 407 of 531 6.k) 7.40 PM DS2021-065, Andy Karaiskakis, Senior Planner re: Minor Vari... �YaseY�Rd.T � ton•Rd. 57 Holick Rd. IT xo�esh'owalo nR _Old•B�.ie•R�.Al 1 n / v •'4Ridg{10 +Road .d' d C J 98 4 6 8 10 12 14 16 18 20 22 165 Winstar Rd. 207 5 7 290 11 9 13 15 17 19 21 23 239 239 279 Schedule 1 0 Location ..-. 041%& ® Subject Lands 01� w u -echo Proust Heritage,Exciting Future 0 150 m File Number:2021-A-28 I 1 1 1 Development Services May 5,2021 Report No. DS2021-065 Page 6 of 8 Page 408 of 531 6.k) 7.40 PM DS2021-065, Andy Karaiskakis, Senior Planner re- Minor Vari... Vase�Rd- Ho.ceahn•Ya16p��Rd C C y eY i d9 o'd H l C J r. r Winstar Rd. NE-qw!� Schedule 2 Aerial Photo -=` $ Townshzp of Subject Lands Proud Heritage,Exciting Future o sa m File Number:2021-A-28 N I 1 1 1 1 Development Services May 5,2021 Report No. DS2021-065 Page 7 of 8 Page 409 of 531 6.k) 7-40 PM DS2021-065, Andy Karaiskakis, Senior Planner re- Minor Vari P1, sto- cati o- tower mm"I warehouse werahmsel 7 4 Y='Wn T,K, -J777 - ADDITIDN PROPOSED ADDITION BUILDING C BUILDING 3 T" GROUP F DIV 2 GFIOUP F D 2 df 4 0 EXISTING BUILDING A < OFF( M,a 9,�3 --------------- 4-1 T` Fyn L J] "T 'A 4 22. 2 CQNC:O�LUNI b JUG 8, Al L -1-e4 I L7C V 2111 n,u I I V-1 LE 21, CONCESSID!, 4 ROA) -ALLOWANCE RETWEN CONCESSIONS 1'& 1 Schedule 3 Applicant's Site Plan File Number 2021-A-28 Prond HMit.age,Exciting Future Development Services May 5,2021 Report No. DS2021-065 Page 8 of 8 Page 410 of 531 6.k) 7.40 PM DS2021-065, Andy Karaiskakis, Senior Planner re. Minor Vari... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 22, 2021 10:38 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- A-28) 1711129 Ontario Inc. Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 411 of 531 6.k) 7.40 PM DS2021-065, Andy Karaiskakis, Senior Planner re: Minor Vari... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:April 22, 2021 1:37 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-28) 1711129 Ontario Inc. Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 412 of 531 6.k) 7.40 PM DS2021-065, Andy Karaiskakis, Senior Planner re: Minor Vari... From: Saunders, David Sent:April 28, 2021 12:56 PM To: McLean, Catherine<cmclean(@oro-medonte.ca> Subject: Re: Minor Variance 2021-A-18 Catherine No issues or changes to previous comments. Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 413 of 531 6.k) 7.40 PM DS2021-065, Andy Karaiskakis, Senior Planner re: Minor Vari... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:April 30, 2021 1:14 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-28) 1711129 Ontario Inc. Building Division has no comments at this time. Garry McCartney Chief Building Official Township of Oro-Medonte Page 414 of 531 6.k) 7.40 PM DS2021-065, Andy Karaiskakis, Senior Planner re: Minor Vari... ��01 o z 3 °+ E: n `AM/ O _ y 3C_ _Y } N E F — — 'Stiau 1-1 N O N U• O O }, •L- U CL0 C _ � N � O w C) 4-0 I� E CU O > O (D U) > c� O U cn ._ J O Ln0 . . . . O . . 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File #: 4346-010-003-23400 433 15/16 Sideroad West D13-59345 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-066 be received and adopted. 2. That Minor Variance Application 2021-A-29 by Peter and Crystal Rosewell, specifically for permission to construct a 99.3 square metre (1 ,069.5 square feet) addition to the existing single detached dwelling and for a new detached accessory building (garage) with a floor area of 66.8 square metres (720.0 square feet) in the Environmental Protection Zone, on lands municipally known as 433 15/16 Sideroad West, be deferred to allow the opportunity for the applicants to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Oro-Medonte Official Plans. 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 0.6 hectares (1.5 acres) and contains a single detached dwelling and several accessory structures. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The subject property contains significant woodlands; and as a result, the property is zoned Environmental Protection (EP). The applicants are proposing to build an addition to the existing dwelling and a new detached accessory building and are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Development Services May 5, 2021 Report No. DS2021-066 Page 1 of 15 Page 422 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re. Minor Vari... Section 3.1, Table A5 — Permitted Uses (Environmental Protection (EP) Zone) Permitted: Proposed: Only existing uses permitted. To permit an addition to the existing No buildings or structures, except those dwelling and a detached accessory required for flood or erosion control. building in the EP Zone. Section 5.18 — Non-Conforming Uses Permitted: Proposed: No lands shall be used and no building or To permit an addition to the existing structure shall be used except in dwelling and a detached accessory conformity with the provisions of this By- building in the EP Zone. law unless such uses existed before the date of passing this By-law and provided that it has continued and continues to be used for such purpose, and that such use, when established, was not contrary to a By-law passed under Section 34 of the Planning Act The applicants' site plan is included as Schedule 3 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. However, the proposed development is located within the minimum vegetation protection zone of a provincially significant wetland located north of the property and within a significant woodland. Section 2.1 .5(b) of the PPS states that development and site alteration shall not be permitted in significant woodlands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Section 2.1 .8 also states that development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Comments have been received from the Lake Simcoe Region Conservation Authority (LSRCA) regarding their review of this application and they advise that they will not require a natural heritage evaluation for the proposed development as the subject property and proposed development is already buffered by the road (15/16t" Sideroad West) to the provincially significant wetland. Development Services May 5, 2021 Report No. DS2021-066 Page 2 of 15 Page 423 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re. Minor Vari... However, Planning Staff is of the opinion that a natural heritage evaluation is required to demonstrate that there will be no negative impacts on the significant woodland that is identified by the Township's Official Plan as being adjacent to and potentially on a portion of the subject lands. Therefore, Planning Staff is not in a position at this time to conclude whether the application is consistent with the Natural Heritage policies of the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe 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 4.2.3 —Key Hydrological Features, Key Areas and Key Natural Heritage Features also applies to this application as the proposed development is located within significant woodlands. 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: a) forest, fish, and wildlife management; b) conservation and flood or erosion control projects, but only if they have been demonstrated to be necessary in the public interest and after all alternatives have been considered; c) activities that create or maintain infrastructure authorized under an environmental assessment process; d) mineral aggregate operations and wayside pits and quarries; 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; f) expansions or alterations to existing buildings and structures for agricultural uses, agriculture-related uses, or on-farm diversified uses and expansions to existing residential dwellings if it is demonstrated that: i. there is no alternative, and the expansion or alteration in the feature is minimized and, in the vegetation protection zone, is directed away from the feature to the maximum extent possible; and ii. the impact of the expansion or alteration on the feature and its functions is minimized and mitigated to the maximum extent possible; and g) small-scale structures for recreational uses, including boardwalks, footbridges, fences, docks, and picnic facilities, if measures are taken to Development Services May 5, 2021 Report No. DS2021-066 Page 3 of 15 Page 424 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re. Minor Vari... minimize the number of such structures and their negative impacts." (p. 42- 43). Section 4.2.3.1 (e) is a non-conforming use (grandfathering) policy that recognizes that there are instances where existing structures and uses should be permitted to expand provided specific requirements are met. The specific requirements that this policy identifies are that no other alternatives are available and that the expansion is to be limited in scope. In this instance, the applicant has not provided any supporting studies to the Township that identifies that the detached accessory building is in the best site for development on the property given the existing significant woodland feature and that no other alternatives are available. On the basis of the preceding, Planning Staff cannot conclude that the proposed development conforms to Section 4.2.3.1(e) of the Growth Plan as it applies to this application. Lake Simcoe Region Conservation Authority The LSRCA in their comments regarding this application have advised that: • the subject property is regulated due to the minimum vegetation protection zone of the adjacent Provincially Significant Wetland (PSW) (Hawkestone Wetland Complex). • the proposed addition and accessory building are not within the vicinity of any hazard lands. • the proposed development will be located within the minimum vegetation protection zone (VPZ) of the adjacent PSW. • LSRCA will not require a natural heritage evaluation for the works as the proposed development is already buffered by the road. • the LSRCA is satisfied from a watershed management perspective that the application is consistent with natural heritage and natural hazard policies of the LSPP. • a permit will be required from the LSRCA. County Official Plan The property is designated Greenlands in Simcoe County's Official Plan (refer to Schedule 4). The Greenlands designation seeks to protect and restore the natural character, form, function and connectivity of the natural heritage system. The County's natural heritage system includes significant woodlands among others. Section 3.8.14 states that local Official Plans may contain policies and mapping that detail the criteria for determining significant woodlands in accordance with the definition of significant woodlands as defined by the County's Official Plan. Significant woodlands can also be determined through an Environmental Impact Statement (EIS). According to Schedule B of the Township's Official Plan, the subject lands contain Significant Woodlands. Development Services May 5, 2021 Report No. DS2021-066 Page 4 of 15 Page 425 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re. Minor Vari... Based on the fact that Planning Staff have not received an Environmental Impact Statement from the applicant that identifies that the detached accessory building is in the best site for development of the property and given the presence of the significant woodland feature and that Staff have yet to receive comments from the County, Planning Staff are not in a position to conclude that the proposed development conforms to the County's Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated "Agricultural" in the Township's Official Plan (refer to Schedule 5). 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. The subject lands are also within the Environmental Protection Two designation due to the presence of significant woodlands on the lands (refer to Schedule 6). The purpose of the Environmental Protection Two designation is to protect environmentally sensitive areas from incompatible activities and uses that would have a negative impact on significant natural features and functions. The `Environment-First' philosophy is a land use planning philosophy that is to be considered in making all planning decisions whereby the importance of maintaining, restoring and where possible, enhancing or improving natural features and ecological functions is recognized and promoted as a Township priority, to be considered with other interests in accordance with Provincial Policy and Legislation (Section Al). Development Services May 5, 2021 Report No. DS2021-066 Page 5 of 15 Page 426 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re. Minor Vari... Staff is of the opinion that the applicant is required to prepare an Environmental Impact Statement or Natural Heritage Evaluation demonstrating conformance with all natural heritage policies of the PPS, Growth Plan and County and Township Official Plans. Township's Zoning By-law The subject property is zoned "Environmental Protection (EP)" in the Township's Zoning By-law 97-95, as illustrated on Schedule 7 to this report. The EP Zone serves to preserve and protect the environmental features, and acts as a buffer around the significant woodland located on the subject 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 construct a 99.3 square metre (1 ,069.5 square feet) addition to the existing single detached dwelling and a new detached accessory building (garage) with a floor area of 66.8 square metres (720.0 square feet). Therefore, the applicants are seeking relief from the Zoning By-law to permit the proposed development in the EP Zone. Although the existing dwelling is located within the EP Zone, upon site visit Planning Staff noted that the existing dwelling and proposed dwelling addition is situated in a location where it is in a cleared area where there will be no removal of trees and is not believed to have an adverse impact on the woodland feature. However, the proposed location of the detached garage is to be located in an area where there are mature trees, many of which appear to be dead or diseased, and may require the removal of healthy trees. The applicant has not provided any supporting studies to the Township that identifies that the proposed detached accessory building is in the best location for development on the property given the existing significant woodland feature. For these reasons the requested variances are not considered to meet the purpose and intent of the Zoning By-law at this time. Are the variances appropriate for the desirable development of the lot? Upon site visit, the existing dwelling and the proposed dwelling addition is located in an area that open and cleared and does not contain any vegetation. Nevertheless, given the comments mentioned in the preceding sections of this report with regards to conformity to the PPS, Growth Plan, County and Township Official Plans, Planning Staff are not in a position at this time to comment on the desirable development of the lot until it is determined whether the proposed development will have an impact on the key natural heritage features. Are the variances minor? Development Services May 5, 2021 Report No. DS2021-066 Page 6 of 15 Page 427 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re. Minor Vari... As mentioned above, additional information is required to be submitted by the applicant to address the impact of the proposed development on the woodland. Therefore, Planning Staff are not in a position to address whether the application is 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 (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 cannot determine conformity with this Strategic Goal objective at this time. 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 — LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP (refer to LSRCA comments dated April 27, 2021) Attachments: Development Services May 5, 2021 Report No. DS2021-066 Page 7 of 15 Page 428 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re. Minor Vari... Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Simcoe County Official Plan Land Use Schedule 5: Township Official Plan Land Use Schedule 6: Township Official Plan Natural Features Schedule 7: Zoning By-law Conclusion: Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2021-A-29 be deferred to provide the applicants the opportunity to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Oro-Medonte Official Plans. Respectfully submitted: Andy Karaiskakis, Senior Planner Approvals: Date: Derek Witlib, Manager Planning Services April 29, 2021 Andria Leigh, Director Development Services April 30, 2021 Development Services May 5, 2021 Report No. DS2021-066 Page 8 of 15 Page 429 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re- Minor Vari... vaI s�Ie,J�a�,� It� R I_- Hoiles�al dg 'd 678 840 430 ?5/16 Srq. W 4 33 633 405 Schedule 1 Location - Township of Subject Lands Proud Heritage,Exciting Future 0 150 m File Number.2021-A-29 N I i 1 I Development Services May 5, 2021 Report No. DS2021-066 Page 9 of 15 Page 430 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re- Minor Vari... 1� IRS 1d C Ridg Road� Schedule 2 Aerial Photo Township of Subject Lands Proud Heritage,Exciting Future 0 30 m File Number,2021-A-29 N I Development Services May 5, 2021 Report No. DS2021-066 Page 10 of 15 Page 431 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re- Minor Vari... ,tw �ireRre3'�JEE I ,8 "�5��. � .@,ld,�._.�pp�`r,. �� `-:...ti ♦..,L 111 as mAG!.E mem. '• 'mot LUX GOVk'rlf:l)QQ'G Cd11ENEDBECK(PEN I fSETWILYGApADE v IARK GER71gGTE42DLTal101 1 'iR€..EC hCtey . d VaTINGINOG0 ... 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Horseeho allk�Rd. ] I I am. r—Rd, - C m f a 9e•YnO. z 1'5116 Sc z ;ri a`lti J J Schedule 4 County of Simcoe — Land Use `Subject Lands �i Agricultural T owns hip n / Q %h� Strategic Settlement Employment Areas and Economic Employment Districts � 0sY��&rt�,wP, Greenlands Proud Heritage,Exciting Future - Rural 0 400 n'1 File Number:2021-A-29 N 1 1 1 1 1 Development Services May 5, 2021 Report No. DS2021-066 Page 12 of 15 Page 433 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re- Minor Vari... �vnne,•�N �Moons[one•Rd. �I III Ho rgesFoe+NIa I I e y+Rd. T.- H —z f5l16 Sr z ui d=W. i•c w ai s= c J J Schedule 5 Township Official Plan - Land Use C:Subject Lands Environmental Protection Two Environmental Protection One Agricultural /// Airport Proud Heritage,Exciting Future 0 400 M File Number.2021-A-29 I 1 r 1 1 Development Services May 5, 2021 Report No. DS2021-066 Page 13 of 15 Page 434 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re- Minor Vari... -H...i[olne a.. ,r' -"I' F .� Y,}(�'�:L. k*� - F '- F.. F r`~ ..•. . R gesFoe•alley+Rd. '; 'J]i .tji,. 1`i 1 r ... - ..1}- �`I +1In_ _ r 1�. r�. � � ilk' 'K•+ •4�' }� r . �F� _F�� al s Ir?I iV geld� ?°.�- .�! � '-��-i' (r ..' .G ` 1. t,- r -.a •Y� ram} r Yw, 'At�,- � � r � ��..:, a•�'�> � t�. � t t .'' ,�' '�(r ti tf ?Kk`'1 s` +:>,' y'.. t'5716 Sra z ti. a 4 � 4 -1 FY Schedule 6 Township Official Plan - Natural Features C"Subject Lands Q Environmental Protection 2 ' Significant Woodlands lownsh- Provincially Significant Wetlands(EP1) �� Other Wetlands(EP1} Proud Heritagqe,e,Exciting Future 0 400IT1 File Number:2021-A-29 'M I I I I I Development Services May 5, 2021 Report No. DS2021-066 Page 14 of 15 Page 435 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re: Minor Vari... 1 Ba�e•aa. xonaanp•aia rta. _r Old• e C grTl `+age�A EP RUR2 A/RU 15/16 Srd 1 I I I I I EP A RU Schedule 7 Existing Zoning --- �:'I RUR2(Rural Residential Two) Tnu if Subject Lands Proud Heritage,Exciting Future A/RU(Agricultural/Rural) EP(Environmental Protection) 0 100 m File Number:2021-A-29 N I Development Services May 5, 2021 Report No. DS2021-066 Page 15 of 15 Page 436 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re. Minor Vari... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 22, 2021 10:36 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- A-29) Rosewell Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 437 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re. Minor Vari... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:April 22, 2021 1:39 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-29) Rosewell Teresa Operations has no comments on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 438 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re: Minor Vari... Lake Silmcoe Region conservation authority www.LSRCA.on.ca Sent by E-mail:akaraiskakis@oro-medonte.ca April 27, 2021 File No: 2021-A-29 IMS File No.: VA-302891-042221 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application 433 15/16 Sideroad Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to construct an addition to the existing single detached dwelling and a detached accessory building in the Environmental Protection Zone. 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 minimum vegetation protection zone of the adjacent Provincially Significant Wetland (Hawestone Wetland) across the street. • The subject property is currently designated Agricultural in the Township of Oro-Medonte's Official Plan. • The subject property is currently zoned Environmental Protection (EP)Zone. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 439 oli:531.800.465.0437 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Plan nWk1Fv MVari... conservation authority Page 2 of 3 i LakC5irtim aREgnty Fealurea ,� mnservatio-nautFanty LSRGSYxleghadBondary LSFv VV.k-mhed Bmndaiy Caves Sec:6xn.PIMrRtifg • Requtal m&dumisry NE n! Fhodplaln a ter a F1�dplan Sethwk ,ate b S6'N "utabw Area Aaae arl Praxl - - j Lot and Canceesbn i Road Labels Wale�coufx Roads 9 i�Yam. Ralhray Lower Tea'6Au7i P'M Ay /IMrr i.! MV 4127 �_ rc 1�r.r wrr i�'.!�M nl�rn.we wv�w:f116A:iY y p nn�iwn�i :�!W�NMO�wr��r� r fri ee 5.a r 1 Meters 82 D Al 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 addition and accessory building are not within the vicinity of any hazard lands. They will be located within the minimum vegetation protection zone (VPZ) of the adjacent Provincially Significant Wetland (PSW). LSRCA will not require a natural heritage evaluation for the works as the proposed development is already buffered by the road. The proposal is therefore consistent with Section 3.1 of the PPS. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic Page 440 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Plan nWk1FG! MVari... conservation authority Page 3 of 3 beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The location of the addition and accessory building are within the VPZ of the PSW and will therefore require a permit from LSRCA. Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. The proposal will require a permit from LSRCA. 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. 2. The Owner shall pay LSRCA$525 for review of this minor variance application. Please inform us on the resulting decision for this Application. Sincerely, Shawn Filson Planner 1 Page 441 of 531 6.1) 7.50 PM DS2021-066, Andy Karaiskakis, Senior Planner re. Minor Vari... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:April 30, 2021 1:12 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- A-29) Rosewell Building Division has no comments at this time. 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That the Development Services Committee grant Provisional Consent to Application 2021-13-18 to permit a boundary adjustment to convey a parcel having a lot frontage of 0 metres/feet, a depth of approximately 49 metres (160 feet) and an area of approximately 0.22 hectares (0.5 acres) to be merged with the property to the west located at 10125 Highway 12, subject to the conditions as outlined in Report DS2021-070. 3. The conditions are as follows: a) That the severed lands be consolidated with the abutting property to the west and that the provisions of Section 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel to the west, the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. A solicitor's written undertaking shall be provided to the Secretary- Treasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identifier Number; b) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; c) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; d) That all municipal taxes be paid to the Township of Oro-Medonte; e) 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; and, Development Services May 5,2021 Report No. DS2021-070 Page 1 of 9 Page 453 of 531 6.m) 8.00 PM DS2021-070, Derek Witlib, Manager, Planning Services re: Co... f) 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. 3. 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 Highway 12, north of the Warminster Rural Settlement Area (Refer to Schedules 1 and 2). The lands to be severed and retained currently support an agricultural operation and the lands to be severed are vacant of buildings or structures. Surrounding land uses predominantly consist of agricultural uses, and there is a rural-residential subdivision located on the west side of Highway 12. The applicants are requesting consent to sever lands from 10087 Highway 12 and merge them with an abutting parcel located at 10125 Highway 12 (owned by Amanda Marie Belanger) which supports a single detached dwelling and an accessory building (refer to the applicant's sketch included as Schedule 3). The details of the application are as follows: Lands to be Severed Lands to be retained Total Merged lands from 10087 Hwy 12 10087 Highway 12 10125 Highway 12 Frontage: No frontage. Approx. 565 m Approx. 47 m Width approx. 46 m (1854 feet) (154 feet) (150 feet) Depth: Approx. 49 m (160 ft.) Approx. 646 m Approx. 127 m (2119 feet) (417 ft.) Area: Approx. 0.22 ha Approx. 37.9 ha Approximately 0.575 ha (0.5 acre) (93.7 acres) (1.42 acres) Use: Currently vacant. Continued agricultural Continued residential Proposed for future rear and residential and & storage No new lots are proposed as a result of the proposed boundary adjustment. Development Services May 5,2021 Report No. DS2021-070 Page 2 of 9 Page 454 of 531 6.m) 8.00 PM DS2021-070, Derek Witlib, Manager, Planning Services re: Co... Policies, Legislation and Analysis: Provincial Policies The Provincial Policy Statement (2020) (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Lot adjustments may be permitted for legal or technical reasons (Section 2.3.4.2) including minor boundary adjustments which do not result in the creation of a new lot. The policies of A Place to Grow, Growth Plan for the Greater Golden Horseshoe (2020) have been reviewed and do not affect the application, since the proposed boundary adjustment does not represent "development" as defined by the Growth Plan. Based on the above, the proposed boundary adjustment, which does not result in a new lot creation, conforms to applicable Provincial policies. County of Simcoe Official Plan The subject lands are designated `Agricultural' and `Greenlands' in accordance with the County of Simcoe Official Plan. The `Agricultural' designated area applies to the majority of the lands involved in this application. The lands to be severed and merged are located entirely within the Agricultural designation. The `Greenlands' designation applies to a woodlot on the retained lands. Section 3.3.5 of the County's Official Plan contains policies relating to the boundary adjustment and states that "consents for the purposes of legal and technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots." The purpose of the application is to add lands from the larger farm parcel to the neighbouring residential lot. The applicant has indicated two reasons for this lot adjustment: (1) to provide additional backyard amenity space for the residential lot and (2) to alleviate the current challenge of maneuvering the farm machinery and equipment to plough this area located between the residential lot and the wooded area. The reconfigured lot lines, would not create a new lot but would increase the size of an existing residential lot. 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. However, Township Planning Staff is of the opinion that the application conforms to the County of Simcoe Official Plan. 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. Development Services May 5,2021 Report No. DS2021-070 Page 3 of 9 Page 455 of 531 6.m) 8.00 PM DS2021-070, Derek Witlib, Manager, Planning Services re: Co... The policies of the `Agricultural' designation do not specifically address boundary adjustments, but policy guidance with respect to boundary adjustments is found in Section D2.2.2 of the Oro-Medonte Official Plan. Section D2.2.2 states that "[a] consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created [and] the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan". Based on Planning Staff's site inspection, the lands to be severed did not appear to have been cultivated during the last growing season and appear to be used as part of a larger pasture area. The applicant has advised in the application that the lands to be severed are "...awkward for getting farm machinery in to work, plant and harvest. High level of sand in the soil and Josh Jeffrey and Amanda Belanger would like more storage and backyard space". Planning Staff notes that the parcel to be severed consists of an area located between the rear lot line of 10125 Highway 12 and the edge of the woodlot on the retained lands. Based on the information provided by the applicant and Planning Staff's observations on-site, it does not appear that this application would remove a significant amount of productive land from cultivation. This, combined with the relatively small area (approximately 0.22 hectare / 0.5 acre) of the parcel proposed to be severed in comparison to the approximately 37.9 hectare (93.7 acre) farm to be retained, Planning is of the opinion that any impact of this application on the viability of the farm or the Township's overall agricultural land base is negligible. At the same time, the proposed increase in the size of the lot at 10125 Highway 12 from approximately 0.36 hectares (0.88 acres) to approximately 0.575 hectares (1.42 acres), still represents an appropriate and not excessive size for a lot used for rural-residential purposes. On the basis of the preceding, and it is Planning Staff's opinion that the application conforms to the Township's Official Plan. Township of Oro-Medonte Zoning By-law No. 97-95, as amended All of the lands involved in this application are zoned Agricultural/Rural (A/RU) Table B1 of the Township's Zoning By-law requires a minimum frontage of 45 metres and a minimum lot area of 0.4 hectares (1 acre) for residential uses in the Agricultural/Rural Zone. With the proposed boundary adjustment the lot at 10125 Highway 12 would continue to meet the minimum required lot frontage for the Agricultural/Rural (A/RU) zone but the application would increase the parcel's lot area from a currently non-complying 0.36 hectares (0.88 acres) to 0.575 hectares (1 .42 acres), thereby bringing the size of the lot into compliance with the Zoning By-law. Therefore, this application if approved would bring a non-complying lot into conformity with the Zoning By-law. Development Services May 5,2021 Report No. DS2021-070 Page 4 of 9 Page 456 of 531 6.m) 8.00 PM DS2021-070, Derek Witlib, Manager, Planning Services re: Co... Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Application meets the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) 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. 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: • Development Engineering: no objection. • Operations Division: no comments. • Bell Canada: no concerns. Development Services May 5,2021 Report No. DS2021-070 Page 5 of 9 Page 457 of 531 6.m) 8.00 PM DS2021-070, Derek Witlib, Manager, Planning Services re: Co... • Ministry of Transportation: no objections, as long as no new entrances are required to Highway 12 and for the owner to submit plans to the MTO for Building and Land Use permits for anything to be built on site. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Map Schedule 3: Boundary Adjustment Sketch Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2021-B-18 be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 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: Derek Witlib, MCIP, RPP, Manager Planning Services Approvals: Date: Andria Leigh, Director of Development Services April 30, 2021 Development Services May 5,2021 Report No. DS2021-070 Page 6 of 9 Page 458 of 531 6.m) 8.00 PM DS2021-070, Derek Witlib, Manager, Planning Services re- Co... F Rld.. -Moos"7-ftd. 2894 1873 i IL �rsesh�-all Y'rr. 2934 ore•a �e-rse. _ r 10195 �0.idgg a lad 3002 2 2 8 10125 10 H19 12 % 6 13 16 m 15 18 c 17 20 V 19 22 21 24 23 26 25 12 100.87 28 27 10076 30 29 32 31 10080 10068 3122 10058 10028 9949 9992 9956 Schedule 1 Location --� TUmship of ® Subject Lands Proud Heritage,Exciting Future 0 300 m File Number:2021-B-18 N Development Services May 5,2021 Report No. DS2021-070 Page 7 of 9 Page 459 of 531 6.m) 8.00 PM DS2021-070, Derek Witlib, Manager, Planning Services re- Co... HorseshoYaI Y R. t- y r Aid 4€ i �..• ®.� Wd 12 1 I Schedule 2 Aerial Photo Tawnship of ®Subject Lands Proud Heritage,Exciting Future 0 200 m File Number:2021-B-18 N I I I I 1 Development Services May 5,2021 Report No. DS2021-070 Page 8 of 9 Page 460 of 531 6.m) 8.00 PM DS2021-070, Derek Witlib, Manager, Planning Services re: Co... Schedule 3: Consent Sketch ITJ Ao 10125 Hwy 12 9c A 10087 Hwy 12 ..n 'W k p r GO Development ti Development Services May 5,2021 Report No. DS2021-070 Page 9 of 9 Page 461 of 531 6.m) 8.00 PM DS2021-070, Derek Witlib, Manager, Planning Services re: Co... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:April 21, 2021 10:54 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021- B-18)Andrews Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 462 of 531 6.m) 8.00 PM DS2021-070, Derek Witlib, Manager, Planning Services re: Co... From: Blaney, Cameron (MTO) <Cameron.Blaney@ontario.ca> Sent:Thursday, April 22, 2021 2:01 PM To: Witlib, Derek<dwitlib@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- B-18)Andrews Hello Derek, MTO has no objections to the severance as long as no new entrances are required to Highway 12 and for the owner to submit plans to the MTO for Building and Land Use permits for anything built on site. Cameron Blaney I Corridor Management Planner I Simcoe&York Highway Corridor Management Section—Central Operations 159 Sir William Hearst Avenue I Ministry of Transportation 7t" Floor, Building D I Downsview, Ontario I M3M OB7 416-358-7871 Cameron.Blaney@ontario.ca Page 463 of 531 6.m) 8.00 PM DS2021-070, Derek Witlib, Manager, Planning Services re: Co... From: Metras,Justin <Imetras@oro-medonte.ca> Sent:Thursday, April 22, 2021 2:35 PM To: Witlib, Derek<dwitlib@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, May 05, 2021 (2021- B-18)Andrews Derek Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 464 of 531 6.m) 8.00 PM DS2021-070, Derek Witlib, Manager, Planning Services re. Co... From: Moyle,Jacqueline<jacqueline.moyle@bell.ca> Sent:April 26, 2021 11:06 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: 705-21-281 RE: Notice of Public Hearing - Development Services Committee Meeting, May 05, 2021 (2021-B-18) Andrews Hi Teresa, Re: 2021-B-18 Details: • Application for Consent • 10087 Highway 12 • Township of Oro-Medonte • Bell File 705-21-281 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. 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(� E � O Q (D N � Page 473 of 531 Ta) DS2021-054, Catherine McLean, Intermediate Planner re: Removal of H... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-054 Development Services Catherine McLean Committee Intermediate Planner Meeting Date: Subject: Motion # May 5, 2021 Removal of Holding (H) Provision Roll #: 2020-ZBA-12 (David and R.M.S. File #: 4346-030-012-02400 Terrance McPhee) D14-58194 4346-030-012-02402 51 & 55 Line 14 South Township of Oro-Medonte Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-054 be received and adopted. 2. That Zoning By-law Amendment Application 2020-ZBA-12 by David and Terrance McPhee specifically to permit the Removal of the Holding Provision applying to the lands known as 51 Line 14 South and 55 Line 14 South, be approved. 3. That the Deputy Clerk bring forward the By-law for Council's consideration to Remove the Holding Provision applying to the lands described as Concession 1 Part Lot 16 Reference Plan 51 R41267 Part 1 (South Orillia) and Concession 1 Part Lot 16 (South Orillia). 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: The subject lands are located at 51 Line 14 South and 55 Line 14 South on the east side of Line 14 South, south of Highway 11 . The severed lands, 51 Line 14 South, have a lot area of approximately 0.37 hectares (0.93 acres) with approximately 45.0 metres (147.6 feet) of frontage along Line 14 South. The retained lands, 55 Line 14 South, have a lot area of approximately 47.4 hectares (117.09 acres) with a combined lot frontage of approximately 325.0 metres (1 ,066.3 feet) along Line 14 South. The severed lands contain a single detached dwelling and a detached accessory building and the retained lands contain a single detached dwelling, a detached accessory building and several agricultural buildings (refer to Schedules 1 and 2). Development Services May 5, 2021 Report No. DS2021-054 Page 1 of 10 Page 474 of 531 Ta) DS2021-054, Catherine McLean, Intermediate Planner re: Removal of H... The severed lands are currently zoned Agricultural/Rural Hold (A/RU(H)) and the retained lands are currently zoned Agricultural/Rural Hold (A/RU(H)) and Environmental Protection (EP) in the Township's Zoning By-law, as amended, see Schedule 6 to this report. The purpose of the Zoning By-law Amendment is to remove the Holding Provision that applies to the A/RU Zone. The Holding Provision was placed on the property as a condition of consent (Consent application 2017-B-13), which required the applicant to place a Holding ("H") provision on the severed and retained lands that was not to be removed until the completion of a scoped Natural Heritage Evaluation to the satisfaction of the Lake Simcoe Region Conservation Authority (LSRCA). The applicants submitted an Environmental Impact Study (EIS) for the severed lands which was prepared by Skelton Brumwell and Associates Inc., dated May 21 , 2020. The EIS supports the removal of the Holding Provision on the basis that no detrimental impacts to the local environment and identified natural heritage features and functions are anticipated, provided that the mitigation measures recommended in the EIS are implemented. The EIS was reviewed to the satisfaction of the LSRCA, subject to the implementation of all the recommendations listed in the EIS. These recommendations include: • No tree removal be permitted along the north boundary of the subject lands (Figure 3 — Restricted Tree Cutting); • Any expansion of the dwelling be located no closer than 8m to north lot line (the existing minimum separation); • Any accessory buildings or structures be located a minimum of 15 m from the north lot line; • Any development which requires clearing of vegetation or excavation should require placement of sediment and erosion control fencing down gradient of the disturbance area to avoid sediment introduction to an aquatic feature; and, • That uses of the subject lands be restricted to: a single detached dwelling, a private home daycare, a bed and breakfast establishment, conservation uses and a home occupation. In order to ensure the implementation of these recommendations, the applicants entered into a Site Plan Agreement (Site Plan Application 2020-SPA-19) with the Township for the severed lands (51 Line 14 South) which has been registered on title of the property. A copy of the approved Site Plan is included as Schedule 3. Analysis: The severed lands are designated "Restricted Rural" and the retained lands are designated "Restricted Rural", "Environmental Protection One" and "Environmental Protection Two" in the Township's Official Plan, see Schedule 4 to this report. The severed lands are currently zoned Agricultural/Rural Hold (A/RU(H)) and the retained lands are currently zoned Agricultural/Rural Hold (A/RU(H)) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended, see Schedule 6 to this report. Development Services May 5, 2021 Report No. DS2021-054 Page 2 of 10 Page 475 of 531 Ta) DS2021-054, Catherine McLean, Intermediate Planner re: Removal of H... The applicants have requested to have the Holding Provision removed to allow for future development on the properties. Planning Staff is satisfied that the Holding Provision is no longer required as the applicants submitted a Site Plan Application (2020-SPA-19) which addresses the recommendations listed in the EIS. The Site Plan Application has been reviewed and approved by Planning Staff and the Site Plan Agreement has been registered on title of the property. Planning Staff has reviewed the proposed application to remove the Holding Provision in the context to relevant planning policies and legislation contained in the Township of Oro-Medonte Official Plan, County of Simcoe Official Plan, A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and the Provincial Policy Statement (2020). The application to remove the Holding Provision is consistent with the Provincial Policy Statement, conforms to the Growth Plan, the County Official Plan and the Township of Oro-Medonte Official Plan and is considered good planning. Financial / Legal Implications / Risk Management: Potential financial and legal implications could occur if the Committee refuses or neglects to make a decision thereon within 120 days after receipt by the Clerk of the application, the applicant could appeal to the Local Planning Appeal Tribunal (LPAT). Policies/Legislation: • Planning Act RSO c.P. 13 • Provincial Policy Statement 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: 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 removal of hold is consistent with the Strategic Plan. Development Services May 5, 2021 Report No. DS2021-054 Page 3 of 10 Page 476 of 531 Ta) DS2021-054, Catherine McLean, Intermediate Planner re: Removal of H... Consultations: • Township Infrastructure and Capital Projects • Simcoe Muskoka Catholic District School Board • Enbridge Gas • Lake Simcoe Region Conservation Authority (LSRCA) Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Approved Site Plan Schedule 4: Township Official Plan — Schedule A — Land Use Schedule 5: Township Official Plan — Schedule B — Natural Features Schedule 6: Existing Zoning Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2020-ZBA-12 be approved and the associated By-Law for Removal of the Holding Provision be passed. Respectfully submitted: Catherine McLean, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services April 29, 2021 Andria Leigh, Director Development Services April 29, 2021 Development Services May 5, 2021 Report No. DS2021-054 Page 4 of 10 Page 477 of 531 Ta) DS2021-054, Catherine McLean, Intermediate Planner re- Removal of H... Schedule 1: Location Map Iw�l 5358 94 5 5387 .Inaoi ewnaa 5342 11 - 5367 126 146 128 Ha�esliomYa 11 yRd. I _" 5266� N lad v L48 s 5295 11 5208 5287 13 5219 37 1e1 18 1571B Srd.E. 2401 22 23 15 54 252 iaj 249 I 5071 74 51 i,� J 94 79 55 300 327 UJ 172 T 366 378 391 399 422 232 472 588 278 Schedule 1 Location T, hip,o ff ®Subject Lands Proud Heritage,Exciting Future q0 400 Ill File Number 2020-ZBA-12 N I i i i I Development Services May 5, 2021 Report No. DS2021-054 Page 5 of 10 Page 478 of 531 Ta) DS2021-054, Catherine McLean, Intermediate Planner re- Removal of H... Schedule 2: Aerial Photo -Iaonslnnr•Rd. HarseaMo,fall yia. I' u�T .idg lad V. e J Schedule 2 Aerial Photo Towreship of E3 Subject Lands Proud Heritage,Exciting Future 0 300 m File Number'2020-ZBA-12 N I Development Services May 5, 2021 Report No. DS2021-054 Page 6 of 10 Page 479 of 531 Ta) DS2021-054, Catherine McLean, Intermediate Planner re- Removal of H... Schedule 3: Approved Site Plan IM.nL.Jt n?•Re. - .f 1 ^w•p�.,5. `-. VV all¢ ^ Y 1 �T I rt W C 1 d i z , Required Setbacks January 13 2021 13 Subject Lands _ Accessory Building Envelope Dwelling Addition Building Envelope No Tree Cutting Area 0 30 171 File Number:2020-SPA-19 Schedule 4: Township Official Plan — Schedule A - Land Use Development Services May 5, 2021 Report No. DS2021-054 Page 7 of 10 Page 480 of 531 Ta) DS2021-054, Catherine McLean, Intermediate Planner re: Removal of H... -Mao-n.lune.•Rd. n Irs Old•R�rne•Rd.� C - d, haV _9 15116 Sr�d.E. vi 000 In c J rAT 1C Schedule 3 Township Official Plan - Land Use C.*Subject Lands 4 Tawreship o��'��, =Environmental Protection Two_ Industrial Agricultural -Commercial Proud Heritage,Exciting Furnve Q Restricted Rural Environmental Protection One 0 400 m File Number:2020-ZBA-12 N I 1 Development Services May 5, 2021 Report No. DS2021-054 Page 8 of 10 Page 481 of 531 Ta) DS2021-054, Catherine McLean, Intermediate Planner re: Removal of H... Schedule 5: Township Official Plan — Schedule B — Natural Features , LL it `4y '• :v,. Ha M rvaR yiRd 711 idg' lad 1.511KSrd-E. kJi - 4ys Schedule 4 Township Official Plan - Natural Features C`Subject Lands 4055 177 Environmental Protection 2 01 h' Significant Woodlands Proud Heritage,Exciting Future Provincially Significant Wetlands(EP1) 0 400 m File Number:2020-ZBA-12 I i i i i Development Services May 5, 2021 Report No. DS2021-054 Page 9 of 10 Page 482 of 531 Ta) DS2021-054, Catherine McLean, Intermediate Planner re- Removal of H... Schedule 6: Existing Zoning 1 A/RU k -woo�.m��•Rd. GC ED*119 A/RU ea,:asx'oL loll y'Rd- Id. A/RU A/RU a+ft�d,e J EP A/RU G N EP EP [4 G A/RU 15/'1:6:srd..E. AfRU ED A/RU A/RU(H) N PAA Y� A/RU A/RU r Q7 C A/RU J A/RU(N) RUR2, A/RU AfRU _ G1 i>r J A/RU P A/RU*300 A/RU EP RUR2 A/RU — I Schedule 5 R1(Residential One) Existin Zoning RUR2(Rural Residential Two) �! ED(Economic Development) Iownship of GC(General Commercial) Subject Land, U A/RU(Agricultural/Rural) Proud Heritage,Exciting Future FP(Environmental Protection) 0 400 M File Number 2020-ZBA-12 I■ MAR2(Mineral Agregate Resource Two) N 1 i 1 i 1 Development Services May 5, 2021 Report No. DS2021-054 Page 10 of 10 Page 483 of 531 7.b) DS2021-057, Catherine McLean, Intermediate Planner re: Removal of H... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-057 Development Services Catherine McLean Committee Intermediate Planner Meeting Date: Subject: Motion # May 5, 2021 Removal of Holding (H) Provision Roll #: 2021-ZBA-02 (Janis & R.M.S. File #: 4346-010-010-01800 Clement DeCastro) D14-59069 Concession 10 West Part Lot 25 Reference Plan 51 R35844 Part 1 (Oro) Township of Oro-Medonte Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-057 be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-02 by Janis & Clement DeCastro specifically to permit the Removal of the Holding Provision applying to the lands described as Concession 10, West Part Lot 25, Reference Plan 51 R35844 Part 1 (Oro), be approved. 3. That the Deputy Clerk bring forward the By-law for Council's consideration to remove the Holding Provision applying to the lands described as Concession 10, West Part Lot 25, Reference Plan 51 R35844 Part 1 (Oro). 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: The subject lands are located at the intersection of Line 9 South and Lakeshore Road East. The property has a lot area of approximately 0.25 hectares (0.63 acres) with approximately 63.0 metres (206.7 feet) of frontage along Lakeshore Road East. The lands currently contain one garden shed (refer to Schedules 1 and 2). The lands are currently zoned Shoreline Residential Hold (SR(H)), as illustrated on Schedule 4 to this report. The purpose of the Zoning By-law Amendment is to remove the Holding Provision that applies to the SR Zone. Development Services May 5,2021 Report No. DS2021-057 Page 1 of 8 Page 484 of 531 7.b) DS2021-057, Catherine McLean, Intermediate Planner re: Removal of H... The Holding Provision was placed on the property as a condition of consent when the subject lands were created in 2007 (Consent Application 2007-B-27). At that time, it was determined that the subject property abutted lands that were identified to contain significant woodlands. Given the proximity to the significant woodlands, it was recommended that a Holding provision be place on the severed lands which would require a Site Plan Agreement, depicting building and septic envelopes, and vegetation protection zone. Analysis: The subject lands are designated "Shoreline" in the Township's Official Plan. As illustrated on Schedule 3 to this report, the property is located adjacent to a significant woodland which has been designated in the "Environmental Protection Two" overlay. The subject lands are zoned Shoreline Residential Hold (SR(H)) in the Township's Zoning By-law 97-95, as amended. The owners have submitted an application to remove the holding provision in order to facilitate the construction of a single detached dwelling and detached accessory building. The Lake Simcoe Region Conservation Authority (LSRCA) conducted a site visit and determined that the majority of the property was cleared by the previous owner. Planning Staff's review of current and historic aerial imagery indicates that the subject lands have been in this cleared state since at least 1989. Given the existing conditions on the site, the LSRCA is not requesting a Natural Heritage Evaluation for the woodland feature as the majority of the site has been disturbed. Furthermore, Planning Staff noted on the aerial imagery that a large portion of the adjacent significant woodland was legally removed sometime in the past five years to permit the construction of the neighbouring dwelling. Therefore, Planning Staff determined that the requirement for site plan control was no longer required and the Holding Provision could be removed as the site has already been cleared and there is no concern of further impact on the natural heritage feature, that was validated by the LSRCA. Planning Staff has reviewed the proposed application to remove the Holding Provision in the context to relevant planning policies and legislation contained in the Township of Oro-Medonte Official Plan, County of Simcoe Official Plan, A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and the Provincial Policy Statement (2020). The application to remove the Holding Provision is consistent with the Provincial Policy Statement, conforms to the Growth Plan, the County Official Plan and the Township of Oro-Medonte Official Plan and is considered good planning. Financial / Legal Implications / Risk Management: Potential financial and legal implications could occur if the Committee refuses or neglects to make a decision thereon within 120 days after receipt by the Clerk of the application, the applicant could appeal to the Local Planning Appeal Tribunal (LPAT). Development Services May 5,2021 Report No. DS2021-057 Page 2 of 8 Page 485 of 531 7.b) DS2021-057, Catherine McLean, Intermediate Planner re: Removal of H... Policies/Legislation: • Planning Act RSO c.P. 13 • Provincial Policy Statement 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: 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 removal of hold is consistent with the Strategic Plan. Consultations: • Township Infrastructure and Capital Projects • Township Building Division • Township Development Engineering • Lake Simcoe Region Conservation Authority (LSRCA) Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Township Official Plan — Schedule B — Natural Features Schedule 4: Existing Zoning Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2021-ZBA-02 be approved and the associated By-Law for Removal of the Hold Provision be passed. Development Services May 5,2021 Report No. DS2021-057 Page 3 of 8 Page 486 of 531 7.b) DS2021-057, Catherine McLean, Intermediate Planner re: Removal of H... Respectfully submitted: Catherine McLean, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services April 29, 2021 Andria Leigh, Director Development Services April 29, 2021 Development Services May 5,2021 Report No. DS2021-057 Page 4 of 8 Page 487 of 531 7.b) DS2021-057, Catherine McLean, Intermediate Planner re. Removal of H... Schedule 1: Location Map Yas� 'T sMn•R.dl. 672 Rarseaho•val y Rd. I I T 'I COId•i=ne•Rd._ 582 1[Zidge1l�°ad V 703 696 691 712 714 721 726 T 736 a, J 968 744 5 po�,af GAB 15 301 13 758 967 9 974 5 760 978 315 973 1002 4d 980 763 �Q 764 %110 41 984 977 9' 325 778 981 999 786 789 997 850 856 864 866 17 985 995 796 993 991 4 804 Schedule 1 Location 'Inu�[uhip of� ®Subject Lands Proud Heritage,Extirin•g Fu[+ere 0 100 M File Number,2021-ZBA-02 4, I I I I 1 Development Services May 5,2021 Report No. DS2021-057 Page 5 of 8 Page 488 of 531 7.b) DS2021-057, Catherine McLean, Intermediate Planner re- Removal of H... Schedule 2: Aerial Photo nsron•Rd. iRareeep� Yell ti `F hidAp 9e11:1°ad � 1 Psh F Schedule 2 Aerial Photo �� Subject Lands Proud Heritage,Exciting Fatwe 0 20 n1 File Number'2021-ZBA-02 N I 1 1 1 1 Development Services May 5,2021 Report No. DS2021-057 Page 6 of 8 Page 489 of 531 7.b) DS2021-057, Catherine McLean, Intermediate Planner re- Removal of H... Schedule 3: Township Official Plan — Schedule B — Natural Features uda v.v} Rareeep� Yall Rd. ,. _ F v F v .Udhope_Blvd. .-ke bore Rd.. y Y QGLi . Gr Y 'Lakeshor�e_Rd.rE. �bPa^"de14rs�l�-J parkde or. Schedule 3 Township Official Plan - Natural Features C.qSubject Lands Environmental Protection 2 �`� v' Significant Woodlands Proud Heritage,Excirht,,Future 40 300 M File Number:2021-ZBA-02 Y I 1 1 I Development Services May 5,2021 Report No. DS2021-057 Page 7 of 8 Page 490 of 531 7.b) DS2021-057, Catherine McLean, Intermediate Planner re- Removal of H... Schedule 4: Existing Zoning asro�•aa. EP xarozep�d slldY�• _�—� idg' as V! d SR*181 C EP J EP SR — SR(H) A/RU SR GYes. P°p�aC RLS @Sh SR P SR SR RLS(H) Schedule 4 Existing Zoning -7- 0 SR(Shoreline Residential) 01 f h 0 RLS(Residential Limited Service) 16 IN SUb}eCt Land, Proud Heritage,Excirin,�,Future 0 A/RU(Agricultural/Rural) EP(Environmental Protection) 0 100 m File Number 2021-ZBA-02 N I r r r I Development Services May 5,2021 Report No. DS2021-057 Page 8 of 8 Page 491 of 531 7.c) DS2021-068, Catherine McLean, Intermediate Planner re: Minor Varian... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-068 Development Services Catherine McLean Committee Intermediate Planner Meeting Date: Subject: Motion # May 5, 2021 Minor Variance Application 2021-A-18 Revised Roll #: Bogdan Demkowicz R.M.S. File #: 4346-010-012-23900 2661 Lakeshore Road East D13 59228 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-068 be received and adopted. 2. That Minor Variance Application 2021-A-18 Revised by Bogdan Demkowicz, specifically for permission to build a detached accessory building with an increased floor area of 138.8 square metres (1,494.0 square feet) and an increased height of 6.34 metres (20.8 feet) on lands municipally known as 2661 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-068. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4 and Section 5.1 .6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan 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 applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 5, 2021 Report No. DS2021-068 Page 1 of 15 Page 492 of 531 7.c) DS2021-068, Catherine McLean, Intermediate Planner re: Minor Varian... Background: The subject property is located at 2661 Lakeshore Road East. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. The subject property has a lot area of 0.55 hectares (1.35 acres) and contains a single detached dwelling and boathouse both currently under construction. Minor Variance application 2021-A-18 was presented to Development Services Committee on April 7, 2021. The applicant was originally requesting an increase in height from 4.5 metres (14.7 feet) to 7.3 metres (23.95 feet) and an increase in floor area from 70.0 square metres (753.5 square feet) to 186.2 square metres (2,004.2 square feet). Planning Staff expressed concerns regarding the size and height of the structure and that the proposed accessory building would detract from the established character and built form of this shoreline residential neighbourhood as the proposed accessory building was larger than a number of the single detached dwellings in the area. The applicant requested that the application be deferred to provide them with the opportunity to submit revised plans that addressed Planning Staff's concerns. On April 20, 2021, Planning Staff received revised plans proposing a reduced height of 6.34 metres (20.8 feet) and a reduced total floor area of 158.3 square metres (1 ,704.0 square feet). Planning Staff continued to express concerns that the accessory building remained larger than some of the neighbouring dwellings and therefore out of character with the neighbourhood. On April 27, 2021 , the agent submitted another set of revised plans, this time proposing the same height of 6.34 metres (20.8 feet), yet a reduced total floor area of 138.8 square metres (1,494.0 square feet). The revised plans include a 85.8 square metres (924.0 square feet) 2 car garage on the main level and a second floor attic with a size of 52.95 square metres (570.0 square feet). Therefore, the applicant has revised his application and is seeking the following revised variances from Zoning By-law 97-95, as amended: Section 5.1.4 — Maximum Height Required. Proposed: 4.5 metres 14.7 feet T6.34 metres 20.8 feet Section 5.1.6 — Maximum Floor Area Required. Proposed: 70.0 square metres 753.5 square feet T1 38.8 square metres 1 ,494.0 square feet The applicant's site plan and revised elevation drawings are included as Schedules 3 and 4 to this report. Development Services May 5, 2021 Report No. DS2021-068 Page 2 of 15 Page 493 of 531 7.c) DS2021-068, Catherine McLean, Intermediate Planner re: Minor Varian... Analysis: Provincial Policies Provincial Policy Statement (PPS) (2020) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. Planning Staff is of the opinion that this application is consistent with the Natural Heritage, Water, and Natural Hazards policies of the PPS, as the proposed development will not affect any natural features or functions. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1 , 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory building will be located further from Lake Simcoe than the existing dwelling and it is not anticipated to have any adverse impact on the Lake Simcoe shoreline. Development Services May 5, 2021 Report No. DS2021-068 Page 3 of 15 Page 494 of 531 7.c) DS2021-068, Catherine McLean, Intermediate Planner re. Minor Varian... The location of the proposed development is not regulated by the Lake Simcoe Region Conservation Authority (LSRCA); however, since portions of the property are regulated, the application was circulated to the LSRCA. The LSRCA indicated that they are satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. They indicated that the applicant will not be required to obtain a permit from LSRCA as site alteration/construction is not proposed in the regulated area. LSRCA's full comments are attached as Schedule 5 to this report. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the proposed detached accessory building is accessory to the permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. The intent of the Shoreline Designation is: • To maintain the existing character of this predominantly residential area; • To protect the natural features of the shoreline area and the immediate shoreline; and, • To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings and by extension accessory uses, such as detached garages. The proposed variances conform to the general intent and purpose of the Official Plan as the applicant is proposing to build a detached accessory building, which is accessory to a permitted residential use in the Shoreline Designation and is not anticipated to conflict with the Official Plan's objectives to protect the natural features of the shoreline area. Development Services May 5, 2021 Report No. DS2021-068 Page 4 of 15 Page 495 of 531 7.c) DS2021-068, Catherine McLean, Intermediate Planner re. Minor Varian... Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1 . The proposed development of the lands requires relief from the Zoning By-law to permit the construction of a detached accessory building in the SR Zone with an increased maximum height and an increased maximum floor area. Detached accessory buildings are subject to maximum size restrictions to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot, and to prevent over-development that would detract from the character of the area. Detached accessory buildings are permitted to be located in the front yard on lots that abut Lake Simcoe. The applicant is proposing to build a two storey detached accessory building in front of the dwelling and has requested an increase in floor area from 70.0 square metres (753.5 square feet) to 138.8 square metres (1 ,494.0 square feet). The main level is shown to have an area of 85.8 square metres (924.0 square feet) and will be used as a 2 bay garage, and the second floor is 52.95 square metres (570.0 square feet) and is proposed to be an open attic that may be used for storage. For the second storey floor area, only the areas with a ceiling height over 1 .8 metres are included in the total floor area calculation based on the Zoning By-law definition. Despite the proposed increase in the floor area, the proposed accessory building has a lot coverage of 1.6%, which is well within the maximum permitted lot coverage of 5%. The height of a detached accessory building is measured from average grade to mid-roof. The applicants have requested an increase in height from 4.5 metres (14.8 feet) to 6.34 metres (20.8 feet). The proposed accessory building will be smaller than the existing single detached dwelling which is approximately 483.9 square metres (5,209.0 square feet) according to Township Building Permit records. Based on the size of the dwelling, the proposed accessory building will remain secondary and subordinate to the primary residential use on this lot. Based on the above, Planning Staff is satisfied that the proposed detached accessory building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? During the site visit, Planning Staff considered surrounding properties and the established character and built form of the neighbourhood. As part of the review of the original plans, Planning Staff expressed concerns that the proposed accessory building would detract from the established character and built form of this shoreline residential neighbourhood. Planning Staff is satisfied that the revised plans address these concerns as the garage will be slightly smaller than the neighbouring dwellings. Furthermore, the garage has been designed such that it matches the design of the single detached dwelling. Development Services May 5, 2021 Report No. DS2021-068 Page 5 of 15 Page 496 of 531 7.c) DS2021-068, Catherine McLean, Intermediate Planner re. Minor Varian... A similar structure may not be supportable on every property within this neighbourhood depending on size, location and screening from view. This property is unique due to the property's large size (0.55 hectares/1.35 acres) and the large setback from Lakeshore Road East, as the proposed accessory building will be located approximately 86.9 metres (285.0 feet) from the front lot line. Prior to issuance of a Building Permit, the owner will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval. The plan will ensure that water drainage resulting from the proposed detached accessory building will be mitigated on the subject lands and will not impact the neighbouring lots. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed detached accessory building is secondary and subordinate to the primary residential use on the lot and it is not anticipated to have any adverse impacts on the neighbouring properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend 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 • 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 Development Services May 5, 2021 Report No. DS2021-068 Page 6 of 15 Page 497 of 531 7.c) DS2021-068, Catherine McLean, Intermediate Planner re. Minor Varian... 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: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As part of the original circulation, comments were received from the neighbours located at 2669 Lakeshore Road East, adjacent to the subject lands, indicating that they have concerns with the size of the proposed accessory building and that it will cause additional drainage problems. Comments were also received from the neighbour located at 2675 Lakeshore Road East expressing concerns that the building will become a two storey home in the future and that there would be a reduction in trees and green space, as well as continued drainage issues. As of the preparation of this report, the following comments have been received Township Departments and External Agencies: • Township Building Division — No comments • Lake Simcoe Region Conservation Authority — See Schedule 5 • Township Development Engineering — No objection. It should be noted that an ELG shall be required at the time of Building Permit Application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Schedule 5: Lake Simcoe Region Conservation Authority Comments dated March 28, 2021 Development Services May 5, 2021 Report No. DS2021-068 Page 7 of 15 Page 498 of 531 7.c) DS2021-068, Catherine McLean, Intermediate Planner re: Minor Varian... Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-18 (Revised) be approved, specifically to permit construction of a detached accessory building with an increased floor area of 138.8 square metres (1,494.0 square feet) and an increased height of 6.34 metres (20.8 feet) on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Catherine McLean, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services April 29, 2021 Andria Leigh, Director Development Services April 30, 2021 Development Services May 5, 2021 Report No. DS2021-068 Page 8 of 15 Page 499 of 531 7.c) DS2021-068, Catherine McLean, Intermediate Planner re. Minor Varian... Schedule 1: Location Map Yee Rd.T +Moong Wn 0.d. HeneaY�pia I`y Rd. If u� 600 Lakeshore Rd.E. 2639 2599 2607 2613 302 2653 2 303 2691 701 2713 2707 2569 2697 2661 41 C 256 d 291 467 244 Q 234 t 226 to 465 273 271 259 253 245 Lake 237 .SimcOe 233 223 Schedule 1 Location Subject Lands Proud Heritage,Exciting Future 0 100 m File Number,2021-A-18 I i Development Services May 5, 2021 Report No. DS2O21-068 Page 9 of 15 Page 500 of 531 7.c) DS2021-068, Catherine McLean, Intermediate Planner re. Minor Varian... Schedule 2: Aerial Photo `,< Lakeshore Rd.E. 3+ xa.neaw�7 1. riaa.. W e.rsd �I `�(lidgs.r�°ab ,y A I �i i .i.w 1 Schedule 2 Aerial Photo Township of Subject Lands Proud Heritage,Exciting Future 0 40 m File Number:2021-A-18 '� L I Development Services May 5, 2021 Report No. DS2021-068 Page 10 of 15 Page 501 of 531 Tc) DS2021-068, Catherine McLean, Intermediate Planner re. Minor Varian... Schedule 3: Site Plan �- TRESPASS ROAD SSW Sfl4C8-01V�(l�} KNGWK AS LAMSHOREsg ROAD -T I y � R@GISTBRBD� �' Y LAN I 860 II _l I ' lilt, dl Iy . it s Em kill 1111 011 0 Schedule 3 Applicant's Site Plan TourrrslrrP File Number2021-A-18 Proud Heritage,Excirin¢Future Development Services May 5, 2021 Report No. DS2021-068 Page 11 of 15 Page 502 of 531 Tc) DS2021-068, Catherine McLean, Intermediate Planner re. Minor Varian... Schedule 4: Revised Elevation Drawings a © N < I�yt- ®®®® f®®® ns Tiro awro rw naon - ❑❑❑❑ ❑❑❑❑ I I I I I I I I � I I I I FRONT (EAST) ELEVATION A02 �rgnr.l� rm 4YF � I r r I I I I I I I I ASIDE (NORTH) ELEVATION lrP2 �ylr•r-r Schedule 4 Applicant's Elevation Drawings 0 09UrZl1 !/ File Number 2021-A-18 Proud Heritage,Exciting Future Development Services May 5, 2021 Report No. DS2021-068 Page 12 of 15 Page 503 of 531 Tc) DS2021-068, Catherine McLean, Intermediate Planner re. Minor Varian... Schedule 5: Lake Simcoe Region Conservation Authority Comments dated March 28, 2021 Lake 5imoDe 13irti Cv1IS4CryEl G9 j3Jthew' t Sent try E-mail:akoro.iskuJYrsa�o-rreelo.nta.ca File ko:2021-A-16 IM-:File Ya.: -'A-1 8 133 1-0 3 18Z1 Koraiskakis SetretorrTneamrer TD wnship cxf Div-IV edonke 14S line 2 Sw h Oro-M edante:,ON LDL ZED Dez-Y-, Karniskekis: Re: M inn Variance Ap plication 2E61 Lakeshore Road East Towrshi p of Cl ro-Medonte -SR-_-stal'h-!,.e renewed the atrave-iso-ed AoG i.:at on fo-M r or Warianee:to aans-trudt a detached eacessary :-uilc n�w't i a he L-it of 7.3 metres and a low area of 13E 2 sc fare m etres. aocu me nts Peceieed,and Aei-iewwEd by Ste ,.aff h aye ace ,e d anc -v�iewa:d the folloWr,d acuments swam ittxd with this epali®tiacr: �ppl:arr;S ,e }lan _toff Ines reaievwed this application aj aer our delegated responsioility horn the Province to re arose nt prowirrial nterem regardira natural hwards:identified in Sactibn 3.1 of the:Pratirinciol Foliq Statement IPPS,Z820 and as a re6ulatorr eutharitf under l] io Re6u lotion 1?9,;46. The:a aplicatibn has:also been rcdie:w+e:d throuGlr our role as a prjhlit 3od'q-inderthe Pwnirig Actas per vir CA Board saprowe:d palioes. site charodmistim EristnS maapirG indicates thrat the srihject property is nertiaill rqulated due to the wsodated shoreline f4aod and erosion hazards. ■ The suojett prap uty is currenttle desiSnoted 5hore4ne in the 3otiwnsihip of ors-M edonteis Official Plan. ■ The suhjett prap"is currenttir aancd shwedine R,!sidef W 1511J Zone. 120 Ba-rvhI w Patkway — 905 A95.1201 NtWITICHket. onrrario UY 3W3 I F 905.853.5801 ML-rnL--!!i ur Criserycidws Oit°drio TF 1.80C.455.0437 Development Services May 5, 2021 Report No. DS2021-068 Page 13 of 15 Page 504 of 531 7.c) DS2021-068, Catherine McLean, Intermediate Planner re- Minor Varian... Labe Sip, *age 2 of 3 i IAA MMP�M Mown" m wYrWw ON.*" r L �r�Er y�rrE ♦ -•J 1 7 h ♦ ' v! f � t. ♦':i lyL r-: 4♦�+.�i�fwFwJY rr..n�� tier w ►�.�.. mil.ql.i�l��iwl iJ i in Im 1. LSRCA has reviewed the apalication th")USh our delegated respansibirty from the Province to rep-ezent €rrovinEdai interest: reprding nov rai N&zard idtrtifled in Section 3.1 of the Provincia, Policy Statemert (PPS, ..stie poikies of the PPS and other= _. - _ polices zu&as the Growth Fran 1A .wFP ?he proposed detachec -i = _' +vithir the ecin Ty of arrV natural _. - RCA rc satisfied from a w-Ver:rew r_ .ert perpective that sire proposal is cc., :entwita the PPS and in conformity with province raauraI nerita,e PCIKIe:and the LSPP RG4 has renewed the aaprcatbn as per oL•-e. ors+aiiities as a re ♦riatory tut) rty under Drrterio 1-9!06. This regu+ation, maoe under Sett _- y3 of the Consarvatior, Aatnorities Act eraales ..itherMies to regulate deve+opment in oradii=--,t to nveror -ee-n%Viers.Great Lakes and inland ha:aro?u: *nds and wetler_. DercloPmert taking pqKe on these and% may t-le confer'3ton But to car. T 'Pat the cortro of flooding, erosion,&(namic e corservatior, of and are ho - _ w LSRCA a)so resulates the alteratian to or Development Services May 5, 2021 Report No. DS2021-068 Page 14 of 15 Page 505 of 531 7.c) DS2021-068, Catherine McLean, Intermediate Planner re: Minor Varian... 1 4 F'sir -PH11i.i }-rl sea'.. or wetland.The location 0the aoce-.sory huitiin6:%p ears tO ae at_ :- sr. -=r_ e: z-ea o-: ;• tF^#ncM1are not require a permit I"m LSRCA. Summary LSRCA is rati,ied fro m a waterMed mar emeryt P-!r3ecti^dE that tfre apalimtion is consistent with the natural heritage and natural hward F-aioes of fare L P'.Try arc aosa;l will not re re a 3erm it from LSRCA Given the wove oamments,it is the opirian of the LSRrCA.that: 1. Gons ste:nry with Section IL of the PPS has:mean demonstrated, 2. Ontario Regiletion [174,'Cfl apaliex to the sutrie:d:site:.The A3plioant vo 1 nca he rec drew to atetain a 7ermit fro n URCA as:site a terartion,roonstruttion is:ro:,�Praoosed in the regulated ww:. Fleasle inform us on the resuFtina derision 1br this kppiication. S rcereP, Shaun Filson Planner 1 Development Services May 5, 2021 Report No. DS2021-068 Page 15 of 15 Page 506 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re: Zoning By,. /a Township off C.�` ,W Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2021-072 Development Services Committee Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # May 5, 2021 Zoning By-law Amendment Application 2021-ZBA-01 and Roll #: Consent Applications 2021-B-12 R.M.S. File #: 4346-020-004-09994 & 2021-B-13 by 555174 Ontario D14-59044 & D10-59143 Ltd. (Broadmoor Homes) 7 Henry Ball Court Block 73, Plan 51 M-1086 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2021-072 be received and adopted; 2. That Zoning By-law Amendment Application 2021-ZBA-01 by 555174 Ontario Ltd. with respect to lands located at 7 Henry Ball Court, Block 73, Plan 51 M-1086, be approved to rezone the lands from Open Space (OS) Zone to Residential One Exception 265 (R1*265) Zone. 3. That the Clerk bring forward the appropriate By-law for Council's consideration. 4. That the Development Services Committee grant provisional consent to Application 2021-B-12 by 555174 Ontario Ltd. to permit the creation of a new residential lot having a lot frontage of approximately 33.5 metres (110 feet), a lot depth of approximately 72.6 metres (238 feet) and an area of approximately 0.24 hectares (0.6 acre), subject to the conditions as outlined in Report No. DS2021-072. 5. The conditions for Application 2021-B-12 areas 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 including the Area-Specific Additional Charge —Warminster Water Service Area-Water Services in Schedule "F" of By-law 2019-100, 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 pay to the Municipality a fee of$2,000 as a parkland contribution for reach residential lot to be created as cash-in-lieu of a parkland contribution pursuant to Development Services Committee May 5, 2021 Report No. DS2021-072 Page 1 of 14 Page 507 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re. Zoning By,. By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; c) That all municipal taxes be paid to the Township of Oro-Medonte; d) 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; e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; f) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, g) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted statutory one year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 6. That the Development Services Committee grant provisional consent to Application 2021-B-13 by 555174 Ontario Ltd. to permit the creation of a new residential lot having a lot frontage of approximately 33.5 metres (110 feet), a lot depth of approximately 73.2 metres (240 feet) and an area of approximately 0.25 hectares (0.62 acre), subject to the conditions as outlined in Report No. DS2021-072. 7. The conditions for Application 2021-B-13 areas follows: a) That the applicant obtain approval of Consent Application 2021-B-12 for the creation of a new residential lot; b) 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 including the Area-Specific Additional Charge —Warminster Water Service Area-Water Services in Schedule "F" of By-law 2019-100, 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; c) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for reach residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; d) That 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 and for use for the issuance of the certificate of consent; g) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, Development Services Committee May 5, 2021 Report No. DS2021-072 Page 2 of 14 Page 508 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re. Zoning By,. h) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted statutory one year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 8. And that the applicant be advised of the Development Services Committee's decision under the Secretary Treasurer's signature. Background: The subject lands, identified as Block 73 within Plan 51 M-1086 are located on the south side of Henry Ball Court in the Warminster Rural Settlement Area in a residential plan of subdivision known as Meadow Acres (see Schedules 1 and 2 for Location Map and Aerial Photo). Block 73 was originally intended to be used for parkland purposes. The lands are zoned Open Space (OS) and were transferred from the developer to the Township as parkland dedication along with a cash-in-lieu of parkland payment of to the Township $10,761 when Plan 51 M- 1086 was registered in June of 2016. In August 2016, Council adopted the recommendations of Staff Report RC2016-11 regarding the approval of the draft master plan for Danny McHugh Park as a community park in Warminster, and further consultation occurred with the Meadow Acres developer with respect to re-visiting the parkland dedication requirement. Following discussions between Staff and the developer, in February of 2017 Council adopted the recommendation of Staff Report DS2017-013 that Council support the amendment to the existing Meadow Acres subdivision agreement to accept 100% cash in lieu of parkland in the total amount of $45,000 ($10,761 + $34,239), rather than a land dedication for park purposes. In February 2019 the Subdivision Agreement was amended accordingly, the developer provided the Township with additional cash-in-lieu of parkland payment of $39,239 and Block 73 was transferred back to the developer. The developer has now applied to rezone Block 73 from Open Space (OS) Zone to Residential One (R1) Zone to permit the residential use of the lands, and to sever the lands into a total of three (3) lots for single detached residential purposes. Refer to Schedule 3 for the applicant's consent sketch. Development Services Committee May 5, 2021 Report No. DS2021-072 Page 3 of 14 Page 509 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re. Zoning By,. The details of the proposed consent applications are provided in the tables below tables below: Consent Application 2021-13-12 Lands to be Severed: Lands to be Retained: Frontage: Approximately 33.5 m 110 ft. Approximately 67 m 220 ft. Depth: Approximately 72.6 m (238 ft.) Approximately 73.2 m (240 ft.) Area: Approximately 0.24 ha 0.6 ac. Approximately 0.49 ha 1.21 ac. Use: Future Residential Future Residential Consent Application 2021-13-13 Lands to be Severed: Lands to be Retained: Frontage: Approximately 33.5 m (110 ft.) Approximately 33.5 m (110 ft.) Depth: Approximately 73.2 m 240 ft. Approximately 72.9 m 239 ft. Area: Approximately 0.25 ha (0.62 ac.) Approximately 0.24 ha (0.6 ac.) Use: Future Residential Future Residential Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 1.1.3 — Settlement Areas and Section 1 .6.6 Sewage, Water and Stormwater are applicable to this application. The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1.1.3.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Furthermore, Section 1.1.3.4 states: "appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form" (p. 9). Section 1 .6.6 Sewage, Water and Stormwater of the PPS contains policies that promote the efficient use and optimizes existing municipal services. Section 1 .6.6.5 of the PPS states that partial services (municipal water services and individual on-site sewage services) shall be permitted "within settlement areas, to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts" (p.19). Development Services Committee May 5, 2021 Report No. DS2021-072 Page 4 of 14 Page 510 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re. Zoning By,. Planning Staff is of the opinion that the proposed development is consistent with the policies of the Provincial Policy Statement as the proposed residential lot(s) are located within a rural settlement area (Warminster). 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 2.2.1 of the Growth Plan contains policies for "Managing Growth" and directs development to settlement areas. Specifically, Section 2.2.1 .2 (b) permits limited growth in rural settlement areas and settlement areas that are not serviced by existing or planned municipal water and wastewater systems. In this case, the severed and retained lots will be serviced by municipal water and private septic systems. Section 2.2.9, Rural Areas, is also applicable to this application and Planning Staff is of the opinion that the proposed development conforms to the Rural Areas policies as the lands subject to these applications are located within a rural settlement area (Warminster). County of Simcoe Official Plan The subject lands are designated "Settlements" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. Pursuant to Table 5.1 of the County's Official Plan, Warminster is recognized as a settlement area in the Township. Section 3.5 of the County Official Plan contains policies relating to the "Settlements" designation. The objectives of the "Settlements" designation are to: "focus population and employment growth and development within settlements...to develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services...to promote development forms and patterns which minimize land consumption and servicing costs" (p.26). Additionally, Section 3.3 of the County's Official Plan contains "General Development Policies" for lot creation. Specifically, Section 3.3.4 states: "Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe, the Province of Ontario, or local municipalities." (p. 18). In this case, both the severed and retained parcels would have frontage on Henry Ball Court; a Township road on which access/entrance permits may be obtained. In Planning Staff's opinion, the proposed development conforms to these policies as the proposed lots are in size and is located within a rural settlement area, which is already developed, and therefore it is not anticipated to have any adverse effect on any agricultural uses or environmental features. As of the preparation of this report, Planning Staff have not received comments from the County. Committee members should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated Rural Settlement Area in the Township's Official Plan. The intent of the Rural Settlement Area designation is: • To maintain and create attractive communities with suitable amenities; and, Development Services Committee May 5, 2021 Report No. DS2021-072 Page 5 of 14 Page 511 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re. Zoning By,. • To ensure that settlement areas are developed in a logical and cost-effective manner. Permitted uses in the Rural Settlement Area designation include, among others, low density residential uses. As indicated in Section A5.2 — Servicing in Settlement Areas, it is intended that all new development in Warminster be serviced by municipal water systems and private septic systems in accordance with Section A4 of the Official Plan and that prior to the creation of any new lot in a settlement area that is to be serviced by a private septic system, Council shall be satisfied that the soils are appropriate for the construction and use of a private septic system on the lot. Section C3 — Rural Settlement Areas is silent with respect to the severances in the Warminster Settlement Area. On this basis, Planning staff must defer to the general "Subdivision of Land" policies contained in Section D2 of the Township's Official Plan, in evaluating the proposed application for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1 , "New Lot by Consent — General Criteria": D2.2.1 General Criteria Prior to issuing provisional consent for a new lot for any purpose, the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a) fronts on and will be directly accessed by a public road that is maintained on a year-round basis,- Conforms- The severed and retained lands will have frontage on Henry Ball Court; a Township road maintained year-round. b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The lands do not have access to a Provincial Highway or County Road. c) will not cause a traffic hazard; Conforms: The Township's Operations Department has been circulated for comments and have not identified any traffic safety concerns. d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Conforms subject to Zoning By-law Amendment: The subject lands are zoned Open Space (OS) which reflects their originally intended parkland use. In order to accommodate the proposed single detached residential uses, the applicant has requested that the lands be rezoned to a Residential One (R1) Zone. For reasons detailed later in this report, Planning Staff support the rezoning request and recommend that the lands be placed in a Residential One Exception 265 (R1*265) Zone. Table B1 of the Township's Zoning By-law 97-95 requires that a Residential One Exception 265 (R1*265) zoned lot have a Minimum Lot Frontage of 30 metres, and a minimum lot area of 0.2 hectares. The proposed severed and retained lands comply with the Zoning By-law's minimum lot frontage and lot area requirements. Development Services Committee May 5, 2021 Report No. DS2021-072 Page 6 of 14 Page 512 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re. Zoning By,. e) can be serviced with an appropriate water supply and means of sewage disposal; Conforms: Official Plan Section A5.2 — Servicing in Settlement Areas, states that servicing in Warminster is by municipal water systems and private septic systems in accordance with Section A4 of the Official Plan and that prior to the creation of any new lot in a settlement area that is to be serviced by a private septic system, Council shall be satisfied that the soils are appropriate for the construction and use of a private septic system on the lot. With respect to water supply, the Township executed a cost sharing agreement in 2012 with respect to the development lands in Warminster and the municipal water system. Pursuant to that agreement, each lot was required to pay $9,302.74 for water system upgrades, as well as require a water meter and a trench inspection. Staff recognize that the developer front ended the costs for the original 71 residential lots; however given these lands were originally intended for parkland purposes this charge would not have been collected for the proposed lots. In 2019, the Township completed the 5 year Development Charges review; and as a result of that review the Township's Development Charges By-law 2019-100 now reflected in Schedule "F" the required water service charge. Therefore, subject to the further consideration of this application, the required Memorandum of Understanding also reflects this specific Development Charge requirement for the Warminster water services. The requirement for the water meter and trench inspection would not be imposed as conditions of provisional consent but rather would be addressed at the time of building permit construction. f) will not have a negative impact on the drainage patterns in the area,- Conforms- The severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. The proposed dwellings on the severed and retains lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission. g) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- As proposed, the lands to be retained and severed would not restrict the development of any other lands. h) will not have a negative impact on the features and functions of any ecological feature in the area, Conforms: No natural heritage concerns have been identified by Planning Staff in the review of this application. The subject lands are not within the area regulated by the Nottawasaga Valley Conservation Authority (NVCA). i) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- No groundwater concerns have been identified by the Township and agencies in their review of this application. Development Services Committee May 5, 2021 Report No. DS2021-072 Page 7 of 14 Page 513 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re. Zoning By,. j) will conform to Section 51 (24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Planning Staff's opinion that the applications conform. On the basis of the analysis of the application in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the applications conform to the policies of the Township's Official Plan. Township of Oro-Medonte Zoning By-law 97-95 The subject lands are zoned Open Space (OS) which reflects their originally intended parkland use and does not permit residential uses on the lands. In order to accommodate the proposed single detached residential uses, the applicant has requested that the lands be rezoned to a Residential One (R1) Zone. The permitted uses of the R1 Zone are: single detached dwellings, semi-detached dwellings, home occupations, private home day care and residential care home. The minimum lot size requirements for singled detached residential uses in the R1 Zone are a minimum frontage of 30 metres (98 feet) and a minimum lot are of 0.2 hectares (0.49 acres). The applicant is proposing to divide the subject lands into a total of three (3) lots, all having frontages exceeding 33 metres (108 feet) and lot areas exceeding 0.24 hectares (0.6 acres). These dimensions are precisely consistent with the existing single detached residential lots along the south side of Henry Ball Court, as well as consistent with the lot sizes throughout the rest of the subdivision. The applicant is proposing that the lots be used for single detached residential purposes, consistent with the uses of the other lots in the subdivision. The proposed lots would not be capable of accommodating semi-detached dwellings, as the minimum lot frontage and a lot area requirements for this use would not be met. While the applicant has proposed a Residential One (R1) Zone and has not requested any exceptions to the zoning provisions, it is Planning Staff's recommendation that the lands be re- zoned to a Residential One Exception 265 (R1*265) Zone. The basis for this change is that all of the lots within Plan 51 M-1086 are zoned Residential One Exception 265 (R1*265) Zone (refer to Schedule 4) and it would be appropriate to extend this same zoning to the applicant's proposed lots. The R1*265 Zone maintains most of the same requirements of the R1 Zone, except that the R1*265 Zone permits: • A minimum floor area, excluding car parking areas within the building, of 90 square metres. • A minimum first storey Floor area of 45 square metres. • A minimum required interior side yard of 3.0 metres. Removing the Open Space (OS) Zone from the lands would be consistent with the decisions of Council pursuant to Staff Reports RC2016-11 and DS2017-013. Placing the lands in Residential One Exception 265 (R1*265) Zone that is consistent with the rest of the lots in Meadow Acres represents the most logical zoning category for the lands at this time. Development Services Committee May 5, 2021 Report No. DS2021-072 Page 8 of 14 Page 514 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re. Zoning By,. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Application meets the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning 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 • 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 these applications, are consistent with the following Strategic Goal of the Township: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: Notice of these applications were circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: Department/Agency Comments: • Development Engineering Division: No objection. Proof of Appropriate Servicing (Water, hydro, gas, cable T.V., etc.) and Engineered Lot Grading required at time of building permit application. • Building Division: No comments. • Operations Division: No objection. Entrance Permits will be required for each lot. • Source Water Protection Risk Management Officer (SSEA): The property is partially located within the Wellhead Protection Area D (WHPA-D) of the Warminster municipal Development Services Committee May 5, 2021 Report No. DS2021-072 Page 9 of 14 Page 515 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re. Zoning By,. drinking water system with a vulnerability score of 2. Based on the proposed use, location within the Wellhead Protection Area, and vulnerability score, policies in the Approved South Georgian Bay Lake Simcoe Source Protection Plan would not apply. • Bell Canada: No concerns. • Hydro One: No comments or concerns. Public Comments: • Four (4) items of correspondence have been received from members of the public expressing objections to the applications and the desire that the lands be used for park purposes. Copies of these letters have been provided to the members of the Development Services Committee. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Schedule 4: Existing Zoning Conclusion: Based on Planning Staff's analysis of this application, it is Staff's recommendation that Zoning By-law Amendment 2021-ZBA-01, Consent Application 2021-B-12 and Consent Application 2021-B-13 be approved, on the basis that the applications are consistent with the Provincial Policy Statement, conform to the Growth Plan, conform to the Official Plans for the County of Simcoe and the Township of Oro-Medonte, comply with the criteria in Section 51(24) of the Planning Act and represent good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Director Development Services May 3, 2021 Development Services Committee May 5, 2021 Report No. DS2021-072 Page 10 of 14 Page 516 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re- Zoning By-... 7V? 7-7 17 5 3979 Mlolsltd�l.aa.. 4 �T o 4 2 3975 19 w 6 nrse m;Valley A, 2 L a 3967 gm'eare_Ra Robbins Dr. 3963 Q;d9R Road 21 11 3959 9 7 5 3 1 L 23 3953 29 22 N A d Y 3949 14 12 10 8 6 4 2 31 24 3945 Henry Ball Ct. 3939 Grace Cres. z 23 21 19 17 15 11 5 3 m 1 3 J 3916 3908 9554 3890 3870 3855 Schedule 1 Location ' T wnship of ® Subject Lands � � Proud Heritage,Exciting Future 0 100 m File plumber:2021-ZBA-01 ►' 1 Development Services Committee May 5,2021 Report No. DS2021-072 Page 11 of 14 Page 517 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re- Zoning By,. 7v Rd 7lif -M oanstnneR d. Ho isMoe Vall y tl. 11 41a.ea,w Rd.� Henry Ball Ct. "NowR 1 i f r b Schedule 2 Aerial PhotoNMI Toumship of C3 Subject Lands Proud Heritage,Exciting Future 0 40 m File Number:2021-ZEA-DI Development Services Committee May 5, 2021 Report No. DS2021-072 Page 12 of 14 Page 518 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re. Zoning By,. Schedule 3: Applicant's Consent Sketch 6` 0 I I I I ti� I I I I I I I I I I I LOT 36 1 LOT 35 1 LOT 34 1 LOT 33 LOT 32 1 LOT 31 HENRY BALL COURT (PU 518-1086,20,0w WIPE) P+� �a53o - M$m —-r———— }}sao 33.500 3}.soo __ — —-T-—— I � j I I 41)7 o I co a n m BLOCK 73 N 1 [fit F-H 0 a I SEVERANCE 1 RETAINED SEVERANCE 2 °s° 1 1 z I � � 2021-B-12 2021-13-13 �; 1 I b I I I 1 33.500 - 17.175 }3.301 35.]4I - --- - 15,324 84.178 _ --- --- 64,178 VACANT Development Services Committee May 5, 2021 Report No. DS2021-072 Page 13 of 14 Page 519 of 531 7.d) DS2021-072, Derek Witlib, Manager, Planning Services re. Zoning By,. Schedule 4: Existing Zoning i A/RU*15 111*265 SV R1 aye G� \ R1 R1 R1"265 * \111*2 5 A/RU R1 2fi5 o5 6 R1*2655,g 9 p5*266 d p( T SUBJECT LANDS R1*265 A/RU N w E s Development Services Committee May 5, 2021 Report No. DS2021-072 Page 14 of 14 Page 520 of 531 7.e) DS2021-067, Andy Karaiskakis, Senior Planner re: Consent Applicatio... Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2021-067 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # May 5, 2021 Consent Application 2021-B-20 for Validation of Title Roll #: by Brenda Gaye Norwich R.M.S. File #: 4346-010-008-16100 20 Parkview Avenue D10- Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-067 be received and adopted. 2. That Development Services Committee approve Consent Application 2021-B-20 for Validation of Title pertaining to lands located at 20 Parkview Avenue, Township of Oro- Medonte, on the basis that the application conforms to Section 57(6) of the Planning Act, and conforms to the Township's Official Plan and Zoning By-law. 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the subject parcel, for review by the Municipality and for use for the issuance of the Certificate of Validation. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The purpose of this report is to consider Consent application 2021-B-20 which proposes a Validation of Title over lands described as Lots 26 and 27, Plan 709, Former Township of Oro, Together With an easement over Blocks A, B, & C Plan 709 and Part of Lot 33 Plan 709, Part 16 on 51 R-31905, as in SC3352811, PIN 58557-0101, being a property located at 20 Parkview Avenue, containing an existing dwelling owned by Brenda Norwich. Validation of Title is a mechanism that is provided in Section 57 of the Planning Act, R.S.O. 1990, c. P.13. The granting of Validation of Title has the effect of "fixing" any prior contraventions to the Planning Act that make the validity of the title questionable for an otherwise existing parcel of land. It does not result in the creation of a new lot and there is no right to appeal a Validation of Title decision. Development Services May 5, 2021 Report No. DS2021-067 Page 1 of 5 Page 521 of 531 7.e) DS2021-067, Andy Karaiskakis, Senior Planner re: Consent Applicatio... The subject lands possess a frontage of 30.5 metres (100.0 feet) along Parkview Avenue, comprise an area of approximately 0.12 hectares (0.29 acres) and support an existing single detached dwelling that was constructed in 2009. A location map and aerial map identifying the location of the Validation of Title Application are contained in Schedules 1 and 2. Analysis: According to the applicant's Solicitor, the lands that are subject to this Validation of Title application is the result of the conveyance that occurred from the previous owner (Margaret Louise Kavanaugh) to the current owner (Brenda Gaye Norwich) on July 30, 2019. At the time of this transfer, Ms. Norwich's solicitors were unaware that the adjoining Lot 28 (22 Parkview Avenue) was also owned by Ms. Kavanaugh. On October 1 , 1997, the Township passed By-law No. 97-71 which designated Registered Plan 709 not to be a registered plan of subdivision, calling into question the validity of the July 30, 2019 transfer. The applicant is requesting the Township to consider issuing a Validation Certificate with respect to the July 30, 2019 transfer from Ms. Kavanaugh to Ms. Norwich. The applicant's solicitor has stated that the apparent Planning Act violation that occurred was an oversight as the fact the seller owned the neighbouring lot was not known to either solicitor at the time of completion. The error was in no way an attempt to circumvent lot control laws and by-laws. With the validation of the title, future conveyance of the property can occur without any further contravention of the Planning Act. Pursuant to Section 57(6) of the Planning Act, an application for Validation of Title must be considered having regard to the prescribed criteria set out in O. Reg. 144/95. These criteria are: conformity with the Official Plan, the Zoning By-law and the Minister's Zoning Order which are discussed below under Policies/Legislation. Financial / Legal Implications / Risk Management: A Consent for Validation of Title is not appealable and therefore there are no potential financial obligations from the outcome of Committee's decision. Policies/Legislation: Township Official Plan and Zoning By-law The subject lands are designated Shoreline in the Township's Official Plan and are zoned Shoreline Residential (SR). The SR zone which permits a single detached dwelling. Planning Staff is of the opinion that this application conforms to the Township's Official Plan and Zoning By-law. County of Simcoe Official Plan Not applicable. Development Services May 5, 2021 Report No. DS2021-067 Page 2 of 5 Page 522 of 531 7.e) DS2021-067, Andy Karaiskakis, Senior Planner re: Consent Applicatio... Provincial Policies Not applicable. 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. Consultations: Applicant's Solicitor Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Conclusion: Planning Staff recommends that Consent Application 2021-B-20 for Validation of Title be approved, for the reasons that the application conforms to Section 57(6) of the Planning Act and conforms to the Township's Official Plan and Zoning By-law. Respectfully submitted: Andy Karaiskakis, Senior Planner Approvals: Date: Derek Witlib, Manager Planning Services April 29, 2021 Andria Leigh, Director Development Services April 29, 2021 Development Services May 5, 2021 Report No. DS2021-067 Page 3 of 5 Page 523 of 531 7.e) DS2021-067, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... ne�pRd. 6 $ Windfields Dr. E. !b0 sMn Rd. I Rnrae l'sYl vnii�nr• 22 20 18 16 14 12 10 8 4 2 Lakeview Rd. 1 1144 9 4 13 5 1146 N g 7 c 6 J 11 9 1160 10 � � 7 � et 12 Q 11 N 1165 d 10 U 9 13 14 > E 1170 (n 16 d 15 12 11 1176 18 19 14 15 1182 15 20 17 1186 22 14 8 24 ,`ee�woad forest Rd 7 5 3 1 19 17 15 13 11 9 27 25 23 21 29 31 33 35 37 Kempenfelt 39 Bay Schedule 1 Location ® Subject Lands Proud Heritage,,Exciting Future 0 100 rn File Number:2021-B-20 Development Services May 5, 2021 Report No. DS2021-067 Page 4 of 5 Page 524 of 531 7.e) DS2021-067, Andy Karaiskakis, Senior Planner re: Consent Applicatio... waston•ae. xnrae imi ninny 1 y kag R I'� a t M a F Schedule 2 Aerial Photo Im Subject Lands Proud Heritage,Exciting Future 0 15 m File Number:2021-B-20 N Development Services May 5, 2021 Report No. DS2021-067 Page 5 of 5 Page 525 of 531 7.f) DS2021-062 Danielle Waters, Planner re: Deeming By - law Applicatio... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-062 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # May 5, 2021 Deeming By-law Application 2021-D-02 Roll #: Donald and Lisa Dumas R.M.S. File #: 4346-030-010-23400 17 Devitt Street and Adjacent D12- 4346-030-010-23300 Parcel to East (address not assign d Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-062 be received and adopted. 2. That Deeming By-law Application 2021-D-02 by Donald and Lisa Dumas, to deem the two parcels (Parcel comprised of Lot 22 & Part of Lot 23 and parcel comprised of Lot 21) located in Plan 910) under the Planning Act not to be a registered plan of subdivision, for lands located at 17 Devitt Street and adjacent parcel to the east (address not assigned), Township of Oro-Medonte, 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: Donald and Lisa Dumas own several properties (Lot 20, Lot 21, Lot 22 and Part of Lot 23) in Registered Plan 910 fronting on Devitt Street. The application for the deeming by-law is related to two parcels — one parcel comprised of Lot 22 & Part of Lot 23 and the other parcel comprised of Lot 21 in Plan 910 (refer to Schedules 1 and 2). The submitted deeming by-law application is necessary in order to "deem" the two parcels under the Planning Act not to be a registered plan of subdivision which provides the legal mechanism for the two lots to merge on title and become one lot. It is noted that the only way to separate the two parcels in the future is through a Consent Application. Development Services May 5, 2021 Report No. DS2021-062 Page 1 of 6 Page 526 of 531 7.f) DS2021-062 Danielle Waters, Planner re: Deeming By - law Applicatio... The purpose of the deeming application is to merge the lands in order to allow the applicant to have adequate space to construct a proposed future addition to the east side of an existing dwelling that is currently located on Lot 22 & Part of Lot 23. Analysis: The process considered through the Planning Act in which to merge lots located within a plan of subdivision is through a Deeming By-law. The Township's assessment records for the subject properties show two property roll numbers and the registered property owner for the two parcels being identified as noted above. Lot 21 (address not assigned) is vacant; Lot 22 & Part of Lot 23 (17 Devitt Street) contains a single detached dwelling and a detached accessory building. The applicant wishes to merge the two properties to construct a new attached garage to the existing dwelling on the consolidated land holdings. The subject lands are designated "Shoreline" in accordance with the Township's Official Plan. Single detached dwellings and accessory buildings are permitted uses on lands designated "Shoreline" in the Official Plan. The subject lands are zoned "Residential Limited Service Exception Two (RLS*2)" by Zoning By-law 97-95, as amended. This zoning recognizes that the subject lands front onto a private road, Devitt Street. Single detached dwellings and accessory uses such as detached garages are permitted in the RLS Zone. Since Devitt Street is a private road, Site Plan Control is applicable to the proposed development pursuant to the Township of Oro-Medonte Official Plan and in accordance with the Township's Zoning By-law 97-95. In accordance with the Planning Act, no public meeting is required prior to the consideration of a deeming by-law. Notice of the passage of the deeming by-law is required to be provided to the landowner. Financial / Legal Implications / Risk Management: Potential change in assessment. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Development Services May 5, 2021 Report No. DS2021-062 Page 2 of 6 Page 527 of 531 7.f) DS2021-062 Danielle Waters, Planner re: Deeming By - law Applicatio... 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: • Township Development Engineering — no objections • Township Infrastructure and Capital Projects — no objections • Township Solicitor— confirmed to Staff that a Deeming By-law is the appropriate mechanism for merger. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Proposed Lot Configuration Conclusion: Planning Staff recommends that Deeming By-law Application 2021-D-02 to deem the two parcels (Lots 22 Pt Lot 23, and Lot 21, Plan 910) under the Planning Act not to be a registered plan of subdivision on lands municipally known as 17 Devitt Street and Devitt Street (address not assigned), Township of Oro-Medonte, be approved through Deeming By-law No. 2021-062. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Derek Witlib, Manager, Planning Services April 29, 2021 Andria Leigh, Director, Development Services April 29, 2021 Development Services May 5, 2021 Report No. DS2021-062 Page 3 of 6 Page 528 of 531 7.f) DS2021-062 Danielle Waters, Planner re- Deeming By - law Applicatio... Schedule 1: Location Map va�e�+Rd- 1277 8570 ---M...--Rd. 1275 Hersesho�lley+Rd- _ I b• a 1271 kids' 1269 20 1267 1253 14 10 5542 Devitt St.(PVT) 1243 1771239 r 1237 w Z 1233 Bass 6 8 [.ake 8482 1231 Barr Ave.(PVT) i j:i 3 5 7 1221 14 20 28 34 1215 Schedule 1 Location hi 4` Subject Lands Proud Heritage,Exciting Future 0 50 m File Number:2021-D-02 N I i i i i I Development Services May 5, 2021 Report No. DS2021-062 Page 4 of 6 Page 529 of 531 7.f) DS2021-062 Danielle Waters, Planner re- Deeming By - law Applicatio... Schedule 2: Aerial --�Vaae�+Rd. one[oo•Rd. Hcrsesho•Valley+IRd hl• s Ridg' dt V Devitt St. Y 1 I a f Schedule 2 i Aerial Photo " f Township of C3 Subject Lands Proud Heritage,Exciting Future 4 0 20 M File Number:2021-D-02 Development Services May 5, 2021 Report No. DS2021-062 Page 5 of 6 Page 530 of 531 7.f) DS2021-062 Danielle Waters, Planner re- Deeming By - law Applicatio... Schedule 3: Proposed Lot Configuration vase�+Rd. 1277 8570 ---M...--Rd. 1275 Hersesho�lley+Rd. _ I 1271 �—I e kids' 1269 20 1267 1253 14 10 5542 Devitt St.(PVT) 1243 17 1239 r 1237 w Z 1233 Bass 6 a [.ake 8482 1231 Barr Ave.(PVT) i j:i 3 5 7 1221 14 20 28 34 1215 Schedule 3 Proposed Lot Configuration hi --4 Townsp of Subject Lands Proud Heritage,Exciting Future 4 0 50 m File Number:2021-D-02 N I i i i i I Development Services May 5, 2021 Report No. DS2021-062 Page 6 of 6 Page 531 of 531