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06 02 2021 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Township of Proud Heritage, Exciting Future Wednesday, June 2, 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: 4 a) Motion to Approve the Agenda. [Addenda] 3. Disclosure of Pecuniary Interest: Page 1 of 278 4. Approval of Minutes: 5 - 26 a) Minutes of Development Services Committee meeting held on Wednesday, May 5, 2021 . 5. Public Meetings: None. 6. Public Hearings: 27 - 58 a) 5:30 PM DS2021-079, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-30 Tracey Baker & Darryl Shore, 15 Algonquin Trail, Plan M-8, Pt Block D, Plan 51 R-36763, Part 1 . {To Be Distributed} 59 - 82 b) 5:40 PM DS2021-089 Derek Witlib, Manager Planning Services re: Minor Variance Application 2021-A-32 Craig & Susan Thomas 47 Springhome Road 83 - 107 c) 5:50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances Application 2021-A-33 By Parker Wilson & Emilie Lesage 3327 Line 4 North 108 - 133 d) 6:00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-34 Carrie & Dennis Underwood 557 Line 5 South 134 - 169 e) 6:10PM DS2021-080, Michael Barton, Township Planning Consultant re: Consent Application 2021-B-21 Ruby Young & Julian Pikulik 363 Scarlett Line & 101 Craig Sideroad Concession 2, Pt Lot 26, Plan 51 R-31029, Parts 1 & 2. {To Be Distributed} 170 - 202 f) 6:20PM DS2021-084 Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-35 Tanya & Selsse Vespera 171 Lakeshore Road West 203 - 227 g) 6:30PM DS2021-082 Andy Karaiskakis, Senior Planner re: Consent Application 2021-B-19 and Minor Variance Application 2021-A-31 by Senti Rasa and Rose Hanoman Jhagroo 24 & 28 Owen Road 7. Deputations: 8. Reports of Municipal Officers: 228 - 237 a) DS2021-078 Andria Leigh, Director Development Services re: Zoning By-law Amendment Application 2021-ZBA-03 by William Finlayson 372 Moonstone Road East {Refer to Council agenda item 5(a)) 238 - 249 b) DS2021-088 Danielle Waters, Planner re: Minor Variance Application 2021- A-14 by 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 250 - 255 c) DS2021-090 Derek Witlib, Manager, Planning Services re: Proposed Street Naming, Draft Plan of Subdivision Application 2012-SUB-03 (Oro Station Page 2 of 278 Subdivision) West Part of Lot 24, Concession 8 (Oro) Township of Oro- Medonte {Refer to Council agenda item 5(b)} 256 - 261 d) DS2021-091 Derek Witlib, Manager, Planning Services re: Request for Extension of Draft Plan Approval Plan of Condominium Application 2011- SUB-03 (Copeland House Phase 2) by Skyline Horseshoe Valley Inc. West side of Horseshoe Boulevard, Part of Lot 1 , Concession 4 (Oro) Township of Oro-Medonte 262 - 278 e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-09 Sherry and Rob Davidson 94 Line 14 South 9. Next Meeting Date: Thursday, July 15, 2021 . 10. Adjournment: a) Motion to Adjourn. Page 3 of 278 2.a) Motion to Approve the Agenda. From: Sherry Davidson <sherry@robsmarine.ca> Sent:June 1, 2021 9:32 AM To:Teeter,Janette<iteeter@oro-medonte.ca> Cc: Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca>; Leigh, Andria <aleieh@oro-medonte.ca>; Witlib, Derek<dwitlib@oro-medonte.ca> Subject: RE:June 2 Public Participation Request Importance: High Hi Janette, I would like the following comments to be on file. I would like to get approval on my outdoor BBQ grill in the cabana, it is NOT a kitchen and is NOT located in an "IN" building-there are no walls on 3 sides of the structure and I will have a hood vent above the BBQ grill to meet safety guidelines with the manufacturer. Outdoor space is a necessity in our region, especially with COVID isolations.The great outdoors that Oro-Medonte has to offer should be taken full advantage of during all seasons. We love our acreage and the outdoors, however, it does get extremely hot under the direct sun, so we have designed our cabana to have the highest possible ceiling given the size to take full advantage of the outdoors. We have read the manufacturer's guidelines and it does state that a vent hood should be installed and we will comply with these recommendations as discussed with Andy.. Thanks Sherry Page 4 of 278 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, May 5, 2021 5:30 p.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Staff Andria Leigh, Director, Development Services; Derek Witlib, Manager, Present: Planning Services; Andy Karaiskakis, Senior Planner; Catherine McLean, Intermediate Planner; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT) All Committee and staff participated via Zoom platform. 1. Opening of MeetiNngAf%6,1 Mayor H.S. Hughes assumed the Chair at the above-noted time and called the meeting to order. N6� 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC210505-1 Moved by DeSousa, Seconded by Veitch It is recommended that the agenda for the Development Services Committee meeting of Wednesday May 5, 2021 be received and approved. Carried. Page 1 of 22 Page 5 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, April 7, 2021 . Motion No. DSC210505-2 Moved by Keane, Seconded by Greenlaw 4A It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, April 7, 2021 be received and approved as printed and circulated. Carried. 5. Public Meetings: t%xhb.� a) 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 & 2021-13- 13 (555174 Ontario Ltd.) [Refer to Item 7d) and Item 5c) 05 07 2021 Council agenda]. Mayor H.S. Hughes called the meeting 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 555174 Ontario Ltd./Broadmoor Homes. The following correspondence was received: Township of Oro-Medonte, Operations Division dated March 16 and April 16, 2021 ; Bell Canada, Right of Way dated March 17, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated March 17 and April 16, 2021 ; Severn Sound Environmental Association dated March 22, 2021 ; Township of Oro-Medonte, Building Division dated March 23 and April 16, 2021; Hydro One dated April 6 and April 20, 2021 ; Michael and Meghan Lavender dated April 7 and May 4, 2021; Ashley Merritt dated April 30, 2021; Alycia Leamen dated May 1, 2021; Margaret Hulton dated May 2, 2021; Sonya and Jeff Bell dated May 2, 2021 ; Brenda Ley dated May 2, 2021 ; Adrienne and Ron Miscich dated May 3, 2021; Alexandra Crozier dated May 3, 2021; Amie Shropshire dated May 3, 2021 ; Brian & Tara Benedek dated May 3, 2021 ; Rebecca Buck dated May 3, 2021; Robby Young dated May 3, Page 2 of 22 Page 6 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. 2021 ; Tracey Kerr dated May 3, 2021; Chris Varney dated May 3, 2021; Stacey and Josh Brookes dated May 3, 2021; Paul Viherjoki dated May 41 2021. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The applicant was not present. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the meeting adjourned. b) 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). Mayor H.S. Hughes called the meeting 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 William Finlayson. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 15, 2021; Township of Oro-Medonte, Operations Division dated April 15, 2021; Township of Oro-Medonte, Environmental Services dated April 16, 2021; Township of Oro-Medonte, Manager, Development Engineering dated April 16, 2021. Andria Leigh, Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. James Newlands, MHBC Planning, on behalf of the applicant was present. A PowerPoint presentation was provided. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the meeting adjourned. Page 3 of 22 Page 7 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. 6. Public Hearings: a) 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. The following correspondence was received: County of Simcoe, Corporate Services dated March 26, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated April 19, 2021 ; Township of Oro-Medonte, Operations Division dated April 19, 2021 ; Township of Oro-Medonte, Building Division dated April 22, 2021; Lake Simcoe Region Conservation Authority dated April 26, 2021. Danielle Waters, Planner explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The applicant was not present. X, Staff commented that no additional public registrations were received. IMIL -AMW AhL Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC210505-3 Moved by Scott, Seconded by Keane It is recommended 1. That 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 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. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 22 Page 8 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. b) DS2021-071 , Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-17 & Minor Variance Application 2021-A-19 by Derek Watson, 2 Pine Ridge Trail. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 21, 2021; Township of Oro-Medonte, Environmental Services dated April 22, 2021; Bell Canada, Right of Way dated April 26, 2021 ; Township of Oro-Medonte, Building Division dated May 4, 2021. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Derek Watson, applicant, was present. 40%hh, Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. IMIL -ANEW There being no further comments or questions, the hearing adjourned. Motion No. DSC210505-4 1\ Moved by Hough, Seconded by Keane X It is recommended 1. That DS2021-071, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-17 & Minor Variance Application 2021-A-19 by Derek Watson, 2 Pine Ridge Trail be received and adopted. 2. That Consent Application 2021-B-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-B-17. 4. That the applicant be advised of the Development Services Committee's decision under the Secretary Treasurer's signature. Carried. Page 5 of 22 Page 9 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. c) DS2021-055 Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-20 Kaleb Streeter, 143 Bass Line. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 22, 2021; Township of Oro-Medonte, Operations Division dated April 22, 2021; Wendy & Peter Varcoe dated April 28, 2021; Township of Oro-Medonte, Building Division dated April 30, 2021 . Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Kaleb Streeter, applicant was present. 4A 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 hearing adjourned.' Motion No. DSC210505-5 o% N Moved by Veitch, Seconded by DeSousa It is recommended " 1 . That DS2021-055 Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-20 Kaleb Streeter, 143 Bass Line 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 DS2021-055. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. 4W Page 6 of 22 Page 10 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. d) DS2021-059, Danielle Waters, Planner, re: Minor Variance Application 2021-A-21 Svetlana Robu, 259 Moon Point Road. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 22, 2021; Township of Oro-Medonte, Operations Division dated April 22, 2021; Township of Oro-Medonte Building Division dated April 23, 2021; Janet Bumstead dated April 29, 2021 (2); Lake Simcoe Region Conservation Authority dated April 28, 2021; Dodi Weill dated May 1, 2021; Donna Gowland dated May 2, 2021; Anna and Carl Arnold dated May 3, 2021. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Dennis Trinaistich, agent on behalf of the applicant, was present. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. ahh, 1W There being no further comments or questions, the hearing adjourned. Motion No. DSC210505-6 Moved by Greenlaw, Seconded by Keane" It is recommended 1 . That DS2021-059, Danielle Waters, Planner, re: Minor Variance Application 2021- A-21 Svetlana Robu, 259 Moon Point Road be received and adopted. 2. 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. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Unanimously Carried. Page 7 of 22 Page 11 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes - Wednesday, May 5, 2021. Motion No. DSC210505-7 was passed during Item 6e). Motion No. DSC210505-7 Moved by Greenlaw, Seconded by Scott It is recommended that Rule 14.19a), as per the consolidated Procedural By-law No. 2017-165, be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement. Carried. e) DS2021-69, Derek Witlib, Manager, Planning Services, re: Minor Variance Application 2021-A-22 by David & Kerissa Govender, 35 Landscape Drive. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 22, 2021; Township of Oro-Medonte, Operations Division dated April 22, 2021; Laurie Forbes dated April 24, 2021 ; Township of Oro- Medonte Building Division dated April 23, 2021 ; Mark and Laurie Lewington dated April 30, 2021 ; Jim and Doris Howell dated May 11 2021; Janet Watson dated May 2, 2021; Greg Bruce dated May 2, 2021; Anne and Rick Randell dated May 2, 2021 , Tim Stott dated May 3, 2021; Mike Vanderlee and Aline Brunet received May 3, 2021 ; Marcel Lepage dated May 3, 2021; Paul and Catherine Grass dated May 3, 2021; Fred and Kim Thompson dated May 3, 2021; Peter and Phyllis Fletcher dated May 3, 2021; Carol Walker dated May 2, 2021 ; Catherine Fortune and Donald McKay dated May 3 and 4, 2021 ; Dave and Shelley Fell dated May 3, 2021 ; Jennifer Shaw dated May 3, 2021; Mary Long dated May 3 and 4, 2021; Abraham and Alicia O'lari dated May 4, 2021; John Fawcett dated May 4, 2021, Dianne and David Pearson dated May 4, 2021 ; E. Alexander dated May 4, 2021; Helen MacRae dated May 4, 2021 ; Jim and Doris Howell dated May 4, 2021 ; Judy and Eric Pike dated May 4, 2021. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Sean Ouellette, on behalf of the applicant, was present and provided a PowerPoint presentation of revised drawings with respect to the applicant. The meeting recessed at approximately 8.42 p.m. with respect to technical difficulties and resumed at approximately 8.48 p.m. Kerissa and David Govender, applicants, were present. Page 8 of 22 Page 12 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. The following provided public comments: John McGee provided opposition comments with respect to the size and commented the application is not a minor variance. Comments against the application included the square footage of apartment, the size of the garage, the potential number of cars parking, overhead pictures to show the distance between the houses, individual comments for the four tests of the Planning Act, the potential of high density with 10-12 occupants, setting precedence, distance of setback concerns, the majority of communication received is against application, variance is not minor, residents wanting to protect their property values, the neighborhood and character of the community. Staff confirmed that additional correspondence from the public was received during this meeting and read out the submission from Helen MacRae. There being no further comments or questions, the hearing adjourned. Motion No. DSC210505-8 1\ Moved by Keane, Seconded by Scott It is recommended ..:, se 1. That DS2021-69, Derek Witlib, Manager, Planning Services, re: Minor Variance Application 2021-A-22 by David & Kerissa Govender, 35 Landscape Drive be received. 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) and to additionally permit a minimum length of 5.7 metres (18.7 feet) for a parking space within an attached garage, for a property located at 35 Landscape Drive, be approved, subject to the following conditions: a) That notwithstanding Section 5.4(c) and Section 5.20.1.1, 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 plans (2021-05-03 BASE and 2021-05-03 MAIN) submitted and approved by the Committee; c) That the facade (west face) of the dwelling remain unchanged, with two garage doors remaining in place; 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. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Defeated. Page 9 of 22 Page 13 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. f) DS2021-063, Andria Leigh, Director, Development Services re: Minor Variance Application 2021-A-23 Mitchell & Alexandra Casey 1751 Mount St. Louis Road East. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 19, 2021; Township of Oro-Medonte, Operations Division dated April 19, 2021; Township of Oro-Medonte Building Division dated April 22, 2021; Nottawasaga Valley Conservation Authority dated May 3, 2021. Andria Leigh, Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Mitchell Casey, applicant was present. 44 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 hearing adjourned.' Motion No. DSC210505-9 X 'N Moved by Hough, Seconded by Green al It is recommended 1 . That DS2021-063, Andria Leigh, Director, Development Services re: Minor Variance Application 2021-A-23 Mitchell & Alexandra Casey 1751 Mount St. Louis Road East 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 DS2021-063. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 22 Page 14 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. g) DS2021-060, Danielle Waters, Planner re: Minor Variance Application 2021-A-24 Michelle Plowright, 1 Sunnyside Avenue. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 19, 2021; Township of Oro-Medonte, Operations Division dated April 19, 2021; Township of Oro-Medonte Building Division dated April 22, 2021; Lake Simcoe Region Conservation Authority dated April 26, 2021. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented.. Michelle Plowright, applicant, was present. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned.' Motion No. DSC210505-10 o% 'N Moved by Veitch, Seconded by DeSousa It is recommended " 1 . That DS2021-060, Danielle Waters, Planner re: Minor Variance Application 2021-A- 24 Michelle Plowright, 1 Sunnyside Avenue be received and adopted. 2. 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 DS2021-060. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 11 of 22 Page 15 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. h) DS2021-056, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-25, 2187459 Ontario Ltd., 44 Line 9 South. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 23, 2021; Ministry of Transportation dated May 3, 2021; Township of Oro-Medonte, Operations Division dated May 4, 2021. Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Dan Stone, agent on behalf of the applicant was presen 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 hearing adjourned. Motion No. DSC210505-11 Moved by Scott, Seconded by Greenlaw It is recommended 1. That DS2021-056, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-25, 2187459 Ontario Ltd., 44 Line 9 South 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 DS2021-056. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 12 of 22 Page 16 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. i) DS2021-061, Danielle Waters, Planner, re: Minor Variance Application 2021-A-26 Tyler and Amanda Chapman 11 Fairway Court. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 19, 2021; Township of Oro-Medonte, Operations Division dated April 19, 2021; Township of Oro-Medonte Building Division dated April 22, 2021. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented.. Tyler and Amanda Chapman, applicants were 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 hearing adjourned.' Motion No. DSC210505-12 Moved by DeSousa, Seconded by Hough It is recommended 1 . That DS2021-061, Danielle Waters, Planner, re: Minor Variance Application 2021- A-26 Tyler and Amanda Chapman 11 Fairway Court 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 DS2021-061. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 13 of 22 Page 17 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. j) DS2021-064, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021- A-27 Andrew and Susy McIntyre, 156 Tudhope Boulevard. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 22, 2021; Township of Oro-Medonte, Operations Division dated April 22, 2021; Lake Simcoe Region Conservation Authority dated April 27, 2021; Township of Oro-Medonte Building Division dated April 30, 2021. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented.. Andrew McIntyre, applicant, was present. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned.' Motion No. DSC210505-13 Moved by Hough, Seconded by Scott It is recommended 1 . That DS2021-064, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-27 Andrew and Susy McIntyre, 156 Tudhope Boulevard 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 DS2021-064. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 14 of 22 Page 18 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. k) DS2021-065, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-28 by 1711129 Ontario Inc. 165 Line 4 South. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 22 and 28, 2021; Township of Oro-Medonte, Operations Division dated April 22, 2021; Township of Oro-Medonte Building Division dated April 30, 2021. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented: Andrew McIntyre, agent on behalf of the applicant, was present. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned.' Motion No. DSC210505-14 Moved by Keane, Seconded by Veitch ASW �� � It is recommended " 1. That DS2021-065, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-28 by 1711129 Ontario Inc. 165 Line 4 South 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 DS2021-065. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 15 of 22 Page 19 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. 1) DS2021-066, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021- A-29 Peter and Crystal Rosewell 433 15/16 Sideroad West. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 22, 2021; Township of Oro-Medonte, Operations Division dated April 22, 2021; Lake Simcoe Region Conservation Authority dated April 27, 2021; Township of Oro-Medonte Building Division dated April 30, 2021. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Peter Rosewell, applicant, was present. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC210505-15 xk Moved by Scott, Seconded by Keane' It is recommended 1. That DS2021-066, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-29 Peter and Crystal Rosewell 433 15/16 Sideroad West be received. 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 approved subject to the following conditions: a) That notwithstanding Table A5, Section 5.18, the proposed development shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition to the existing dwelling and detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's Minor Variance decision becomes final and binding 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 16 of 22 Page 20 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. m) DS2021-070, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-18 by Gayle Andrews 10087 Highway 12. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 21, 2021; Ministry of Transportation dated April 22, 2021; Township of Oro-Medonte, Operations Division dated April 22, 2021; Bell Canada, Right of Way dated April 26, 2021 . Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Gayle Andrews, applicant, was present. 4A 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 hearing adjourned.' Motion No. DSC210505-16 Moved by Hough, Seconded by Keane, It is recommended " 1 . That DS2021-070, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-18 by Gayle Andrews 10087 Highway 12 be received and adopted. 2. That the Development Services Committee grant Provisional Consent to Application 2021-B-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 DS2021-070. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. VF Page 17 of 22 Page 21 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. 7. Reports of Municipal Officers: 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]. Motion No. DSC210505-17 Moved by Veitch, Seconded by DeSousa It is recommended 1. That 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 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 appropriate draft by-law be brought forward 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. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. AV%& *% N 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]. Motion No. DSC210505-18 Moved by DeSousa, Seconded by Scott;., It is recommended 1. That 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 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 appropriate draft by-law be brought forward 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), Township of Oro-Medonte. 4. That the applicant be advised of the Committee's decision under the Director, Development Services signature. Carried. Page 18 of 22 Page 22 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. c) DS2021-068, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-18 Revised Bogdan Demkowicz 2661 Lakeshore Road East. Motion No. DSC210505-19 Moved by Greenlaw, Seconded by Hough It is recommended 1. That DS2021-068, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-18 Revised Bogdan Demkowicz 2661 Lakeshore Road East 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 DS2021-068. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 19 of 22 Page 23 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. d) DS2021-072, Derek Witlib, Manager, Planning Services re: Zoning By-law Amendment Application 2021-ZBA-01 and Consent Applications 2021-B-12 & 2021-B-13 by 555174 Ontario Ltd. (Broadmoor Homes) [Refer to Item 5c) 05 05 2021 Council Agenda]. Motion No. DSC210505-20 Moved by Scott, Seconded by Greenlaw It is recommended 1. That DS2021-072, Derek Witlib, Manager, Planning Services re: Zoning By-law Amendment Application 2021-ZBA-01 and Consent Applications 2021-B-12 & 2021- B-13 by 555174 Ontario Ltd. (Broadmoor Homes) be received. 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 appropriate draft by-law be brought forward 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 DS2021-072, as amended, to add as Condition h) That the applicant be required, immediately, to remove any and all references to a "Future Park" on a website or promotional materials and to ensure that all future sales do not provide a reference to a "Future Park". 5. 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 DS2021-072, as amended, to add as Condition i) That the applicant be required, immediately, to remove any and all references to a "Future Park" on a website or promotional materials and to ensure that all future sales do not provide a reference to a "Future Park". 6. That the applicant be advised of the Development Services Committee's decision under the Secretary Treasurer's signature. Carried. Page 20 of 22 Page 24 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. e) DS2021-067, Andy Karaiskakis, Senior Planner re: Consent Application 2021-B-20 for Validation of Title by Brenda Gaye Norwich 20 Parkview Avenue. Motion No. DSC210505-21 Moved by Veitch, Seconded by Keane It is recommended 1. That DS2021-067, Andy Karaiskakis, Senior Planner re: Consent Application 2021- B-20 for Validation of Title by Brenda Gaye Norwich 20 Parkview Avenue 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. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. 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]. Motion No. DSC210505-2 . Moved by DeSousa, Seconded by HoughK It is recommended 1% 'X 1. That 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) 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 appropriate draft by-law be brought forward for Council's consideration. 4. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 21 of 22 Page 25 of 278 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 5, 2021. 8. Next Meeting Date: Wednesday, June 2, 2021 . 9. Adjournment: a) Motion to Adjourn. Motion No. DSC210505-23 Moved by Greenlaw, Seconded by Scott It is recommended that we do now adjourn at 12.43 a.m. Carried. An audio recording of the meeting is available through the Township's website. 'N Mayor H.S Hughes, Chair Andria Leigh, Director, Development Services Page 22 of 22 Page 26 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2021-079 Development Services Michael Barton, Committee Township Planning Consultant Meeting Date: Subject: Motion # May 5, 2021 Minor Variance Application 2021-A-30 Roll #: Tracey Baker & Darryl Shore R.M.S. File #: 434601000320905 15 Algonquin Trail D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-079 be received and adopted. 2. That Minor Variance Application 2021-A-30 by Tracey Baker & Darryl Shore, specifically for permission to build an attached garage with a minimum rear yard of 3.3 metres (8.0 metres required) and to build a detached accessory building in the front yard (not currently permitted) with a maximum floor area of 100.3 m2 (70 m2 permitted), be approved subject to the conditions as outlined in Report DS2021-079. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 (a), Section 5.1.6 and Section 7.188, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed attached garage and detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 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 June 2, 2021 Report No. DS2021-079 Page 1 of 19 Page 27 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... Background: The subject property is located at 15 Algonquin Trail as illustrated on Schedule 1. An aerial view of the property and its limits is provided in Schedule 2. The property is currently occupied by a 2-storey single detached dwelling with an in-ground swimming pool to the west of the dwelling and a sports court to the east. There are also two accessory storage buildings on the property. There is a considerable grade change on the property, sloping up from Algonquin Trail towards the rear property line at a grade in the order of 17%. As a result, the existing dwelling and sports court are significantly higher elevated than where the driveway connects to Algonquin Trail. Schedule 3 includes site photographs illustrating the existing site conditions and uses. The aerial map shows that the subject property is surrounded by heavily wooded areas and open space. There are low density residential properties in the surrounding area that are considerably buffered by these wooded areas, as well as by physical separation and grade changes. The subject property is accessed via one driveway on Algonquin Trail, which is a local two-lane Township roadway. The property is serviced by an existing septic bed and tank located north of the existing dwelling and pool. The proposed site plan is included in Schedule 4. The applicant is proposing the following: 1 . Construction of an attached two-car garage on the south side of the existing dwelling. Due to the grade change from the front of the lot to the back, the garage will be constructed at the basement level of the dwelling and built into the existing slope at the rear of the property. This configuration is illustrated in the "West Elevation" included in Schedule 5. 2. Construction of a detached accessory structure/garage north of the existing dwelling, on the west side of the driveway. The "North Elevation" in Schedule 5 illustrates that this proposed structure will be located closer to Algonquin Trail than the existing dwelling and also much lower in elevation due to the grade change on the property. The following are key considerations in evaluating the development proposal and requested minor variances: • The existing topography and natural features on and surrounding the subject property will be maintained and incorporated into the proposal, rather than significant changes being made to the existing slopes and elevations to facilitate construction of the proposed structures. Development Services June 2, 2021 Report No. DS2021-079 Page 2 of 19 Page 28 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... • The proposed attached garage is located at the rear of the property and will be constructed at an elevation significantly lower than the existing dwelling. As a result, this structure will be effectively screened from view in the public realm on Algonquin Trail and buffered by the surrounding wooded area. The reduced rear yard setback will not result in adverse impacts to the natural area of other surrounding land uses relative to the minimum setback permitted under the Zoning By-Law. • While the proposed detached structure will be located closer to Algonquin Trail than the existing dwelling, the area proposed for the detached structure is currently used for parking and is occupied by a shed. The detached structure will allow for more organized storage and use of this area than under existing conditions while still maintaining a considerable distance from the road. Moreover, the additional floor area requested for the detached structure will not result in adverse impacts to the subject property or surrounding area relative to the floor area permitted under the Zoning By-Law. • There is an existing landscaped and treed area along the frontage of the property on Algonquin Trail that screens the property from view. • The proposed attached garage and detached structure will both be located at a lower elevation on the property relative to Algonquin Trail and surrounding land uses than the existing dwelling. • Due to the physical distance and naturally vegetated lands between the subject property and adjacent residential properties, the impact of the proposed structures on the surrounding area will be minimal. The application submitted to the Committee of Adjustment is for the following minor variances to Zoning By-Law 97-95: 1 . To permit a Minimum Rear Yard to the proposed attached garage of 3.31 metres while 8.0 metres is required in Section 7.188; 2. To permit a detached accessory building in the front yard (24.29 metres from the front lot line) while Section 5.1 .3(a) does not permit detached accessory buildings and structures to be located in the front yard; 3. To permit Maximum Floor Area of the proposed detached accessory building of 100.3 m2 (1,080 ft2) while Section 5.1.6 permits a maximum floor area of any one detached accessory building or structure, excluding boathouses, to 70 m2 (753.5 ft2). Development Services June 2, 2021 Report No. DS2021-079 Page 3 of 19 Page 29 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... 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. The development proposal and requested minor variances are consistent with and/or do not conflict with PPS 2020, specifically the applicable policies summarized in Table 1. Table 1 — PPS 2020 Policy Analysis Matrix Policy Section Policy Analysis The Vision for Ontario's Land Use Planning System • The proposed attached garage and detached (Part IV of PPS 2020) accessory structure will facilitate more organized and efficient use of the subject • Land use must be carefully managed to property without adversely impacting the accommodate appropriate development to topography and natural environmental meet the full range of current and future features on and adjacent to the property and needs,while achieving efficient development the other single detached dwellings in the patterns and avoiding significant or sensitive surrounding area; resources and areas which may pose a risk to • The proposed structures will be screened from view on abutting properties and along public health and safety. Algonquin Trail by the existing topography • Efficient development patterns optimize the and landscaping buffers; use of land, resources, public investment in • The requested minor variances will not result infrastructure and public service facilities. in any additional adverse impacts relative to • Strong, liveable and healthy communities the regulations of the prevailing zoning. promote and enhance human health and social well-being,are economically and environmentally sound,and are resilient to climate change. • Strong communities,a clean and healthy environment and a strong economy are inextricably linked. Long-term prosperity, human and environmental health and social well-being should take precedence over short-term considerations. 1.1 Managing and Directing Land Use to Achieve • The proposed attached garage and detached Efficient and Resilient Development and Land Use accessory structure have been designed Patterns within the context of the existing topography of the site,as well as the functionality of the 1.1.1 Healthy, liveable and safe communities are site in terms of where parking,vehicular sustained by: circulation and other outdoor activities occur, and with the required Engineered Lot Grading approval,there will be no impact to existing Development Services June 2, 2021 Report No. DS2021-079 Page 4 of 19 Page 30 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... c)avoiding development and land use patterns drainage patterns or natural environmental which may cause environmental or public health conditions on or abutting the property. and safety concerns; h) promoting development and land use patterns that conserve biodiversity 1.1.3 Settlement Areas • The development proposal and requested minor variances will facilitate more efficient 1.1.3.2 Land use patterns within settlement areas shall and intense use of the subject property in a be based on densities and a mix of land uses which: manner that respects and preserves the a)efficiently use land and resources; existing natural heritage character and b)are appropriate for,and efficiently use,the physical characteristics. infrastructure and public service facilities which • The potential for adverse impacts associated are planned or available,and avoid the need for with the size and setbacks from the proposed their unjustified and/or uneconomical expansion; structures from the property lines is c)minimize negative impacts to air quality and mitigated by the screening provided by the climate change,and promote energy efficiency; grade changes on the property, physical distance between other residential uses,and 1.1.3.4 Appropriate development standards should be wooded/landscaped areas surrounding the promoted which facilitate intensification, subject property. redevelopment and compact form,while avoiding or mitigating risks to public health and safety. 1.4 Housing • The requested minor variances will allow the current and future homeowners to use the 1.4.3 Planning authorities shall provide for an subject property more efficiently and with appropriate range and mix of housing options and more functionality(in terms of parking, densities to meet projected market-based and storage, property management)without affordable housing needs of current and future resulting in adverse impacts to the existing residents of the regional market area by: natural heritage and built form character of the property and surrounding community. b) permitting and facilitating: 1. all housing options required to meet the social, health,economic and well-being requirements of current and future residents, including special needs requirements and needs arising from demographic changes and employment opportunities; and 2. all types of residential intensification, including additional residential units,and redevelopment in accordance with policy 1.1.3.3 2.1 Natural Heritage • The development proposal respects the existing topography and natural heritage 2.1.1 Natural features and areas shall be protected for characteristics of the subject property and the long term. surrounding area rather than modifying these features to incorporate the proposed Development Services June 2, 2021 Report No. DS2021-079 Page 5 of 19 Page 31 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... 2.1.2 The diversity and connectivity of natural features attached garage and detached accessory in an area, and the long-term ecological function and structure. biodiversity of natural heritage systems, should be • The setbacks provided to the front and rear maintained, restored or,where possible, improved, property lines provide adequate buffers to recognizing linkages between and among natural mitigate impacts on adjacent land uses, heritage features and areas,surface water features particularly natural heritage characteristics, and ground water features. relative to existing conditions and the prevailing regulations of the Zoning By-Law. 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 attached garage and detached accessory building are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established settlement area. County Official Plan The subject property is designated "Settlements" on Schedule 5.1 of the County of Simcoe Official Plan. The settlement area is surrounded predominantly by the "Greenlands" designation. The subject property is also not located in any of the following as designated in the Official Plan: Streams and Evaluated Wetlands; Areas of Natural and Scientific Interest; Wellhead Protection Areas and Surface Water Intake Protection Zones; Highly Vulnerable Areas; Significant Groundwater Recharge Areas. The requested minor variances conform to the purpose and intent of the County of Simcoe, specifically the policies summarized in Table 2. Table 2 — County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • The development proposal respects the existing physical and natural environmental The goals of this Plan are: characteristics of the subject property and surrounding area, and incorporates the • To protect, conserve, and enhance the proposed structures into this physical County's natural and cultural heritage; context; • To achieve wise management and use of the • The requested minor variances will facilitate County's resources; enhanced use of the subject property without • To implement growth management to resulting in adverse impacts to the natural achieve lifestyle quality and efficient and heritage features and residential properties in Development Services June 2, 2021 Report No. DS2021-079 Page 6 of 19 Page 32 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... cost-effective municipal servicing, the surrounding area relative to the development and land use; regulations of the prevailing zoning. • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts, regions, and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities, providing employment and business opportunities;and • To promote, protect and enhance public health and safety. Part 3-Growth Management Strategy • The subject property is located within the "Settlement"designation and will not result 3.1 Strategy in adverse impacts to the surrounding "Greenlands"areas; The planning strategy of this Plan is based on four • The location and design of the proposed themes: attached garage and detached accessory building respects the topography and physical • Direction of a significant portion of growth context of the subject property and its and development to settlements where it can relationship to the surrounding area; be effectively serviced,with a particular • The proposed structures will be screened and emphasis on primary settlement areas. buffered from surrounding natural heritage • Enabling and managing resource-based features and land uses by physical distance, development including agriculture,forestry, grade changes and wooded area. aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources, including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.5 Settlements • The minor variances will facilitate more efficient use of the subject property,which is Objectives located in a "Settlement"designation,that is compatible with the surrounding land uses 3.5.1 To focus population and employment growth and features and respects the existing natural and development within settlements,with particular and built form character of the subject emphasis on primary settlement areas, in accordance property and surrounding area. with the policies of this Plan. 3.5.2 To develop a compact urban form that promotes the efficient use of land and provision of water,sewer, transportation,and other services. 3.5.4 To promote development forms and patterns which minimize land consumption and servicing costs. Development Services June 2, 2021 Report No. DS2021-079 Page 7 of 19 Page 33 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... Township Official Plan The subject property is designated "Residential' on Schedule A of the Township of Oro- Medonte Official Plan and is settlement area pursuant to Section A4.2.3. The property is also part of the Sugarbush Node in the Oro Moraine Planning Area. The requested minor variances conform to the purpose and intent of the Township Official Plan, specifically the policies summarized in Table 3. Table 3 — Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The development proposal respects and maintains the existing topography and natural heritage A2.1 Natural Heritage character of the subject property and surrounding area. A2.1.1 Goal It is the goal of this Plan to protect and enhance • The requested minor variances will not result in significant natural heritage features and related ecological any adverse impacts to these surrounding areas functions in the Township. relative to the permissions and regulations of the prevailing zoning designation. A2.1.2 Strategic Objectives • No changes are proposed to the topography and conditions on the site that would adversely affect a)To protect from incompatible development significant drainage patterns or otherwise adversely impact natural heritage features and their associated ecological and the natural heritage features on and adjacent to hydrological functions. the subject property. b)To maintain,restore and where possible,enhance or • The proposed attached garage and accessory improve the diversity and connectivity of natural heritage building will be effectively screened by the features and ecological functions recognizing linkages topography of the subject property,the wooded between and among natural heritage features and areas, nature of the surrounding area,and the physical surface water features and ground water features. setback from Algonquin Trail. c)To ensure that an understanding of the natural • The proposed structures will support the existing environment,including the values,opportunities,limits and residential use,which is consistent and compatible constraints that it provides,guides land use decision-making with the surrounding area. in the Township. d)To ensure that the function of the Oro Moraine as a significant recharge area is protected. e)To require that the land use planning process contributes to the protection,maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character • The existing rural character of the subject property and its context within the community will be A2.5.1 Goal protected and maintained. • The proposed structures are accessory to the existing residential use and will be incorporated Development Services June 2, 2021 Report No. DS2021-079 Page 8 of 19 Page 34 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... It is the goal of this Plan to protect,maintain and enhance into the existing topography of the property to the natural,agricultural and open space character of the minimize their disruption to the site and rural area. community character; • The proposed attached garage will be located at A2.5.2 Strategic Objectives the rear of the property and screened from view by the dwelling; a)To preserve and enhance the Oro Moraine as a unique • The proposed detached accessory building will be and important landform feature of the Township. located significantly further from Algonquin Trial b)To minimize the negative impact of proposed than the minimum front yard setback permitted development on the open and natural character of the under the zoning regulations; existing rural area. • The proposed structures will more effectively e)To discourage the intrusion of land uses that are contain and screen existing parking,vehicular incompatible with the rural character and/or resource circulation and storage uses on site than under activities of the area. existing conditions. A2.6 Growth and Settlement • The subject property is located within a "Residential"area and the development proposal A2.6.2 Strategic Objectives will make more efficient use of these lands in a manner that is compatible with the community a)To direct the majority of new residential growth to and respects and preserves the context of this settlements. property in terms of its topography and natural d)To encourage the more efficient use of land in heritage character. settlements,where appropriate. SECTION 131—ORO MORAINE PLANNING AREA • The requested minor variances will facilitate use of the subject property in a manner that maintains 61.1 Objectives and enhances the existing physical character of the property and surrounding area,including the It is the intent of this Plan to: topography and natural heritage features; • The location and design of the proposed structures a)recognize the Oro Moraine as the most significant accommodates the existing site character in order landform feature in the Township of Oro-Medonte; to minimize impact to the subject property and its b)establish policies that will maintain and enhance the context within the area,as well as minimize any significant natural heritage features and ecological functions disruption to drainage patterns and slope stability; of the Oro Moraine; • The existing woodlands and trees on and adjacent c)establish a balanced relationship between development to the property are being maintained,which and nature by preserving significant natural heritage preserves the natural heritage character and also features and ecological systems on the Oro Moraine while provides natural screening and buffering of the providing for all types of development,including aggregate existing and proposed uses. extraction; e)maintain,improve and where possible,restore the health, diversity,size and connectivity of significant natural heritage features,hydrologically sensitive features and related ecological functions; i)protect and enhance the rural character of Oro Moraine; j)direct development to appropriate locations that would not have a negative impact on significant natural features and their related ecological functions; 131.8 PROTECTING AND MAINTAINING RURAL CHARACTER It is the intent of this Plan to protect the natural and rural character of the Oro Moraine wherever possible,in accordance with the policies of this Plan.On this basis, Council may require,as a condition of any Planning Act approval,that: Development Services June 2, 2021 Report No. DS2021-079 Page 9 of 19 Page 35 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... a)uses be designed to blend in with the existing topography and vegetation; b)existing trees are maintained wherever practical; c)existing hedgerows and original farm fences and rock fences along property lines are maintained wherever practical; d)all signage,if required,reflects the rural and natural character of the area; e)all lighting,if required,is subdued and appropriate for the use;and, f)existing buildings,structures,barns and other agricultural buildings are upgraded and/or restored wherever practical. C14.2.4 Sugarbush and Buffalo Springs Nodes • The proposed attached garage and detached accessory building are extensions of the permitted The Residential designation applies to some of the lands single detached dwelling and private recreational within the Sugarbush and Buffalo Springs nodes.Permitted facility. uses on lands designated Residential on the schedules to this • The proposed structures will not change the Plan are single detached dwellings,home occupations, character of this property within the residential private recreational facilities,Bed and Breakfast area. establishments subject to Section C1.3.10 and open space uses. Township of Oro-Medonte Zoning By-Law 97-95 The subject property is within the Residential One Exception 188 (R1*188) zone of Zoning By-Law 97-95. While the development proposal conforms with the permitted uses and many of the prevailing regulations, the proposal requires variances to the zoning regulations in Table 4. Table 4 — Zoning Regulations Requiring Variances Zoning Regulation Permitted Proposed Section 7.188(d)-Minimum 8.0 m 3.3 m to proposed attached garage Required Rear Yard Section 5.1.3-Permitted Unless otherwise specified in this By-law, Proposed detached structure will be locations for detached accessory detached accessory buildings and structures, located in front yard(24.29 m from buildings and structures in all except boathouses,shall:a)Not be located front property line) zones in the front yard. Section 5.1.6-Maximum floor The maximum floor area of any one The proposed detached structure will area detached accessory building or structure, be 100.3 mz(1,080 ftz) excluding boathouses,is 70 square metres (753.5 square feet). Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Development Services June 2, 2021 Report No. DS2021-079 Page 10 of 19 Page 36 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... 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 maintain the general intent and purpose of the Official Plan? Yes. The minor variances will allow for built form and use on the subject property that conforms to the applicable policies of the Official Plan as they relate to "Residential" lands in the Sugarbush settlement area and Oro Moraine Planning Area. There will be no adverse impacts on the natural heritage features on and surrounding the subject property and the existing site topography and characteristics will be maintained. The existing rural character of the area will also be respected and preserved. Do the variances maintain the general intent and purpose of the Zoning By-law? Yes. The general purpose and intent of the Zoning By-Law is to implement the policies and objectives of the local Official Plan. The requested minor variances to the Zoning By-Law will facilitate land use that conforms to the residential, natural heritage and rural policies of the County and Township Official Plans and will not result in adverse impacts or compatibility issues. The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97- 95. The applicant has requested relief from the Zoning By-Law to permit a minimum rear yard of 3.1 metres while 7.5 metres is required. The proposed attached garage is located at the rear of the property and will be constructed at an elevation significantly lower than the existing dwelling. As a result, this structure will be effectively screened from view in the public realm on Algonquin Trail and buffered by the surrounding wooded area. The reduced rear yard setback will not result in adverse impacts to the natural area of other surrounding land uses relative to the minimum setback permitted under the Zoning By- Law. 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. While the proposed detached structure will be located closer to Algonquin Trail than the existing dwelling, the structure will be set back 24.39 metres from the road, which is significantly greater than the minimum front yard setback permitted. Moreover, the area proposed for the detached structure is currently used for parking and is occupied by a shed. The detached structure will allow for more organized Development Services June 2, 2021 Report No. DS2021-079 Page 11 of 19 Page 37 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... storage and use of this area than under existing conditions while still maintaining a considerable distance from the road. Moreover, the additional floor area requested for the detached structure will not result in adverse impacts to the subject property or surrounding area relative to the floor area permitted under the Zoning By-Law. There is an existing landscaped and treed area along the frontage of the property on Algonquin Trail that screens the property from view. In addition, the proposed attached garage and detached structure will both be located at a lower elevation on the property relative to Algonquin Trail and surrounding land uses than the existing dwelling. Based on the above, Planning Staff is satisfied that the proposed detached accessory building would maintain the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? The requested minor variances will facilitate built form and land use that conforms to the purpose and intent of the County and Township Official Plans and Zoning By-Law 97- 95. The proposal is also consistent and does not conflict with the policies and objectives of PPS 2020 and the Growth Plan. Functional matters such as parking, septic system area and outdoor amenity space will be negatively impacted by the proposed variances. For these reasons, the minor variances are appropriate and desirable for the development and use of the subject lands. Are the variances minor? • Minimum Required Rear Yard: The purpose of the minimum rear yard is to ensure that structures are constructed an appropriate distance from the rear lot line to mitigate potential adverse impacts on abutting land uses. In this case, there are no adjacent land uses to the rear of the subject property and the land is predominantly wooded natural area. The attached garage will be constructed into the existing slope to maintain the existing topographical characteristics of the property while also significantly screening this structure by placing it at a low elevation on the property. As a result, the requested reduction to the minimum rear yard setback from 7.5 metres to 3.3 metres is minor in nature. • Accessory Structure in Front Yard: The purpose of restricting accessory buildings and structures from being located in the front yard is to mitigate adverse impacts associated with accessory structures being located between the main building and the street. In this case, there is an existing front yard setback of 31.43 metres to the dwelling that will be reduced to 24.29 metres. However, this is significantly greater than the Minimum Front Yard Setback of 6.0 metres that would be permitted if the dwelling were constructed as close as possible to Algonquin Trail. In addition, the proposed accessory building will allow for more orderly management of storage and maintenance activities that currently occur in a small shed and outdoor area in the same location as the proposed dwelling. For these reasons, the requested minor variance to allow the accessory structure in the front yard is minor in nature. Development Services June 2, 2021 Report No. DS2021-079 Page 12 of 19 Page 38 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... • Maximum Floor Area for Accessory Building: The purpose of restricting the floor area for an accessory building is to mitigate the impact the floor area of an additional structure will have on the subject property and surrounding area. The subject property is very large in area and has no surrounding residential or other sensitive land uses. The proposed accessory building is also set back 24.29 metres from the public realm compared to the minimum that would be permitted for a new dwelling of 6 metres. Therefore, the requested minor variance will not result in any adverse impacts relative to the permitted maximum floor area. 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 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 Operations — No objections. Development Services June 2, 2021 Report No. DS2021-079 Page 13 of 19 Page 39 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Applicant's Site Photos Schedule 4: Applicant's Site Plan Schedule 5: Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-30 be approved, specifically to permit construction of an attached garage with a minimum rear yard reduced to 3.3 metres and a detached accessory building in the front yard with an increased floor area of 100.3 square metres (1,080.0 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. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services May 31, 2021 Andria Leigh, Director Development Services May 31, 2021 Development Services June 2, 2021 Report No. DS2021-079 Page 14 of 19 Page 40 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... Schedule 1: Location Map ti 27 33 TO 29 7€ ry1 -2 82 V iG fed -2 G+ sa 2'3 88 18 2T �G 1e 25 17 2, 21 18 B 7S 19 i5 17 Schedule 1 Location Proud HerirfkV,trciripkir hifirir i 1W m Filr Humorr:MU4,30 I 1 I I I Development Services June 2, 2021 Report No. DS2021-079 Page 15 of 19 Page 41 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... Schedule 2: Aerial Photo n i Schedule 2 Aerial Photo ►x",Sf'g �] Akf Subject Lands i r�r�: «iitc 1'rnwd Hrritao. :Sfl/119(FNtwrr �Jf b 40 m Fie Hum m.2021..w.30 '►'' I Development Services June 2, 2021 Report No. DS2021-079 Page 16 of 19 Page 42 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... Schedule 3: Applicants' Site Photos r ?4. Existin Dwellin Location of Proposed Attached Garage Location of Proposed Detached Accessory Building Location of Proposed Detached AccessoryBuildin I 71 { Existing Sorts Court Existing Shed by Sports Court Development Services June 2, 2021 Report No. DS2021-079 Page 17 of 19 Page 43 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... Schedule 4: Applicant's Site Plan SITEPLAN _ REFHiENCE ELEV. — ALGONOGM TMT�- __ DRIVEWAY NflfI1LYERT LIMIT OF EM7N6 GRAVEL PARKIARK1NG AREA EXISTING SLOPE TO BE TERRACED W NATURPL BOULDERS WRH Z RISE,l'RAIN ]BE�^E2i2Brti] SEPTIC BED I E[EV..-111'8' 1D3'-1�")31f3m� �` SPORTS PAD SUI—EELEVATION 2 RETAININGWALL DETACHED ca m 30' tEm 101IN f1GARAGE S SEPTIC TANKS 12) 103'-T FINISHED FL 2 4 Iyj ELEVATION 4= WW 5WlXAING 28 OREY a b POOL WOOD SIDED ® HOUSE H 2150 cNR � ___� TTIP ORNE EIEV. I� FROh!LOWEREON. CURRf31T TO EMETNG WOOD DEC 121'-3^ 5GA E TO BE REMOVED NEW B60 Sq.FT GAPAGE SHED Sm i5 on {BASEMENTLEVEL lle[ree DECK DYER 1—RDOE) I j 23' 21. 19-1W[3.31.1 NIM51' 3]N4' (REAIE PROPERTY LINE PEA SURVEY) INDM PARK ASSOCIATION VACANT LAND 15 ALGONQUIN TRAIL Sae,300 Development Services June 2, 2021 Report No. DS2021-079 Page 18 of 19 Page 44 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... Schedule 5: Elevation Drawings NORTH ELEVATION m DRIVEWAYGOMNGDOWN GARAGE FF 1 a®❑ FROM'UPPER PARRING'AREA - 0�0 ts------- POOL DECK FIEVATION -_ FRDNTYAP➢ELEVATION NEW OETMHE➢GARAGE (BUILT INTO SLOPE) TOP SPORTS PAD 11 J 92'J' u[;d+.cuN TRAM N aTz�� EDGEOFMREFFAE MF . TERRACEDRETAININGWALL /MRISE wGR RUN) WEST ELEVATION FRONT ENTRANCE INTO HASEMENT LEVEL LANDS [� OVERTOP NEW ATTAGHEQ OF DETACHED GARAGE �4.q� GARAGE (B MEM(LE4EL1 19 1 EDGE OF RDATDRIVEWAY /r NEW 6ETAGHEQ GARAGE 1LV-0'(REFERENCEI LOB e® ® r • Q / ISUILT INTO SLOPE RdOPERTY C�' FRONT TARQ ELEVATION TCPMIV AY 6GARAGEFLOOR GARAGEFF ' ' - I I 15 ALGONQUIN TRAIL -„ Development Services June 2, 2021 Report No. DS2021-079 Page 19 of 19 Page 45 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: May 18, 2021 3:10 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- A-30) Baker&Shore Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (that can accommodate both Buildings if desired) shall be submitted at the time of Application(s) for a Building Permit(s). Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 46 of 278 6.a) 5.30 PM DS2021-079, Michael Barton, Township Planning Consultant re... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: May 18, 2021 3:35 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- A-30) Baker& Shore Teresa Operations has no objections to the application. 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File #: 4346-010-009-68955 47 Springhome Road D13- Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-089 be received and adopted. 2. That Minor Variance Application 2021-A-32 by Craig & Susan Thomas, specifically to permit the construction of a detached accessory building (garage) in a front yard, on lands municipally known as 47 Springhome Road, be approved, subject to the conditions as outlined in Report DS2021-089. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 (a), the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; 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 June 2, 2021 Report No. DS2021-089 Page 1 of 12 Page 59 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re: Mino... Background: The subject property has a lot area of 0.54 hectares (1.33 acres) and currently supports a single detached dwelling and an accessory building. The property is shown on Schedules 1 and 2 to this report. The applicant is proposing to construct a new detached accessory building (garage), to replace an existing detached accessory building which the applicant has indicated will be removed or relocated in compliance with the Zoning By-law. The applicant is seeking relief to the following sections of Zoning By-law 97-95: 5.1.3 Permitted locations for detached accessory buildings Required: Proposed: Not permitted in Front Yard To be located in Front Yard, at a setback of approximately 37 metres (121 feet) from Front Lot Line 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 and Section 2.1 — Natural Heritage, 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. 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 property's proximity to a significant woodland. Residential uses and their accessory buildings are consistent with Sections 1.1 .4 and 1.1.5. Since the proposed accessory building would be located within the existing developed portion of the property and would not impact natural heritage features, the application is consistent with Section 2.1 . Development Services June 2, 2021 Report No. DS2021-089 Page 2 of 12 Page 60 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re. Mino... Based on the above, Planning Staff is of the opinion that since this application conforms to Provincial Policy Statement, 2020. A Place to Grow, 2020 A Place to Grow (2020), also known as the Growth Plan, 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 a Significant Woodland. 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 proposed development is located within the Shoreline designation identified on Schedule A to the Township's Official Plan and adjacent to a Significant Woodland identified on Schedule B of the Official Plan. Since the residential development of the lands is permitted and has already been established, and since the applicant's existing dwelling and rear yard amenity area are already located closer to the woodland than the proposed accessory building location, Planning Staff is of the opinion that there would be no new impacts as a result of the proposed variance and therefore no planning objectives would be furthered through the undertaking of a natural heritage evaluation in this particular situation. Further to the above, Planning Staff wished to point out that the Zoning By-law would already allow an accessory building to be constructed in the rear yard, closer the woodland than any other structure on the property, without the need for any Minor Variance and therefore without requiring a Natural Heritage Evaluation pursuant to the Growth Plan. Based on the above, Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed and are therefore subject to the policies of the LSPP. The lands are not located with an area specifically regulated by the Lake Simcoe Region Conservation Authority (LSRCA). Development Services June 2, 2021 Report No. DS2021-089 Page 3 of 12 Page 61 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re. Mino... The Lake Simcoe Protection Plan (LSPP) came into effect in 2009. Planning Staff have reviewed the minor variance application in context to the LSPP and the following policies are applicable: "6.25-DP An application for development or site alteration within 120 metres of a key natural heritage feature of key hydrologic feature shall be accompanied by a natural heritage evaluation meeting the requirements of policy 6.26..." "6.26-DP A natural heritage evaluation referred to in policies 6.3 and 6.25 shall be carried out in accordance with guidelines developed by the MNR and shall: a. demonstrate that the development or site alteration applied for will have no adverse effects on the key natural heritage feature, key hydrologic feature, Lake Simcoe and its associated vegetation protection zone, or on the related ecological functions; b. identify planning, design and construction practices that will maintain and, where feasible, improve or restore the health, diversity and size of the key natural heritage feature or key hydrologic feature and its connectivity with other key natural heritage features or key hydrologic features as well as connectivity and linkages to natural heritage systems identified in Provincial Plans or by municipalities, the LSRCA or MNR; c. demonstrate how connectivity within and between key natural heritage features and key hydrologic features will be maintained and, where possible, improved or restored before, during and after construction to allow for the effective dispersal and movement of plants and animals; d. determine if the minimum vegetation protection zone is sufficient to protect the ecological functions of the feature and the area being evaluated, in particular where this feature or area is adjacent to a coldwater stream, headwaters, freshwater estuaries, steep slope or is acting as or has been identified as a wildlife corridor to ensure that the area will continue to effectively act and function as a wildlife corridor; e. determine if the minimum vegetation protection zone is sufficient to protect areas adjacent to existing features that would be appropriate for restoration or re-naturalization to enhance the ecological functioning of that feature, such as lands that provide for rounding out or filling of gaps in significant woodlands; and f. if the minimum vegetation protection zone is not sufficient to protect the function of the feature or protect opportunities for feature enhancement, specify the dimensions of the required vegetation protection zone." While the proposed accessory building is located within 120 metres of a natural heritage feature, being a Significant Woodland, the development of the lands and any impacts on the woodland have already been established through the existing dwelling that was legally constructed in 2009. The existing dwelling is located between the woodland and the proposed location of the accessory building and therefore, in Planning Staff's opinion, there variance would not result in any new impacts on the woodland. Development Services June 2, 2021 Report No. DS2021-089 Page 4 of 12 Page 62 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re. Mino... Further to the above, Planning Staff wished to point out that the Zoning By-law would already allow an accessory building to be constructed in the rear yard, closer the woodland than any other structure on the property, without the need for any Minor Variance and therefore without requiring a Natural Heritage Evaluation pursuant to the LSPP. Based on the above, Planning Staff finds the application to conform to the Lake Simcoe Protection Plan. County Official Plan The property is designated Greenlands in the County of Simcoe's Official Plan. An objective of the Greenlands designation is to "protect and restore the natural character, from, function and connectivity of the natural heritage system..." (Section 3.8.1). The subject lands are located within an existing and approved residential development within the Township's Shoreline designation. Since Section 3.8.16 of the County's Official Plan recognizes legally existing uses within the Greenlands designation and does not preclude the construction of an accessory building, Planning Staff is of the opinion that the application conforms to the County's Official Plan. Since the Township has not received any County comments as of the preparation of this report, the Committee should have regard to any County comments that may be received. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that is in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan and are also partially within the Environmental Protection Two overlay designation, due to the presence of an adjacent Significant Woodland. Permitted uses within the Environmental Protection Two overlay designation are those permitted by the underlying designation, in this case the Shoreline designation which permits residential uses and their accessory uses. The Environmental Protection Two overlay designation Development Services June 2, 2021 Report No. DS2021-089 Page 5 of 12 Page 63 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re. Mino... does not require an Environmental Impact Study or a Management Plan in the case of a Minor Variance application. Therefore, based on the above, the requested variance maintains 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 Shoreline Residential Exception 179 (SR*179). A single detached dwelling and accessory buildings are permitted in the SR*179 Zone and the proposed accessory building complies with the specific standards of that zone. The standards of the SR*179 Zone include that Section 5.28 (setback from limit of EP Zone) does not apply. Therefore, an accessory building could be constructed in the rear yard, closer to the adjacent Significant Woodland, without the need for a Minor Variance. However, the General Provisions of the Zoning By-law do not permit an accessory building in a front yard on a lot that does not abut Lake Simcoe. The intent of the Zoning By-law in this respect is to ensure that the dwelling occupies a position of prominence on a property in order to maintain the residential character of the lot and the neighbourhood. In the case of this application, Planning Staff notes that the subject lands and most of the other lots on the same side of Springhome Road are heavily treed, and this includes a substantial tree buffer adjacent to the road that blocks views into the property and that would effectively screen the proposed accessory building. The applicant is proposing to maintain this tree buffer by locating the proposed accessory building substantially back (approximately 37 metres/121 feet) from the road. This would also position the accessory building approximately no closer to the road than the existing dwellings on either side of the subject lands. The proposed accessory building would also be substantially smaller than the applicant's dwelling. In Planning Staff's opinion the combination of these factors would result in a development that would have no negative impact on the residential character or uses of the subject lands or the surrounding neighbourhood. Therefore, Planning Staff is of the opinion that the requested variance is considered to maintain the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development or use of the land? As indicated above, 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. The size and location of the building will not interfere with functional matters such as parking and the septic system and the proposed location represents a logical use of the applicant's existing driveway. Development Services June 2, 2021 Report No. DS2021-089 Page 6 of 12 Page 64 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re. Mino... Based on the above, Planning Staff is satisfied that the proposed development would be 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. Planning Staff does not foresee any negative impacts resulting from the variance on the use and enjoyment of neighbouring properties or on the adjacent Significant Woodland. As the proposed variance is maintain the general intent and purpose of the Official Plan and the Zoning By-law, to be desirable for the appropriate development or use of the land, and is not anticipated to have any adverse impacts, 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 • 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. Development Services June 2, 2021 Report No. DS2021-089 Page 7 of 12 Page 65 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re: Mino... Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection. Engineered Lot Grading Plan required. • Township Operations Division — No objection. 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-32 be approved, specifically to permit the construction of a detached accessory building (garage) in a front yard, on lands municipally known as 47 Springhome Road, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS, conforms to the Growth Plan 2020 and conforms to the Lake Simcoe Protection Plan. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Director, Development Services May 26, 2021 Development Services June 2, 2021 Report No. DS2021-089 Page 8 of 12 Page 66 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re- Mino... Schedule 1: Location Map 7T sp Rd T IM�o o nLs t.—Rd. 'I,Jl �Tm ' �rtesn'P aii r 131 23 39 51 73 85 99 113 Old•Artie RA. C _ L �Rids� aOad �I`G .NN LPL 10 22 40 54 68 84 98 114 116 Springhome Rd. 14 10 7 33 47 59 75 89 Vl 12 9 CU 18 to .r— o Indian Rd. E m zo � 11 9 7 400 22 F592 "602 uj 590 Ir 593 607 v O 33 .5 59 67 562 65 556 61 Schedule 1 � Location Toramship of ® Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2021-A-32 N Development Services June 2, 2021 Report No. DS2021-089 Page 9 of 12 Page 67 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re. Mino... Schedule 2: Aerial Photo Vsp•Rd�' Moo-t—-Rd. y {Y/} H. rushy all ey 06d•Attie-Rrl. Chi Springhome Rtl. �RidgR, 0.Oa&V � A t t� 1 4 Schedule 2 Aerial Photo 3'ownship of Subject Lands Proud Heritage,Exciting Future 0 30 m File Number:2021-A-32 Development Services June 2, 2021 Report No. DS2021-089 Page 10 of 12 Page 68 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re. Mino... Schedule 3: Applicants' Proposed Site Plan PROPOSED ACCESSORY BUILDING (GARAGE) ILI;{ �7 Q 0 (Detail) L Development Services June 2, 2021 Report No. DS2021-089 Page 11 of 12 Page 69 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re. Mino... Schedule 4: Applicants' Elevation Drawings 5� EAST 54 12 WEST Sr a NORTH 5FV- LLEI ELD SOUTH Development Services June 2, 2021 Report No. DS2021-089 Page 12 of 12 Page 70 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re: Mino... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: May 20, 2021 10:14 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- A-32)Thomas 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 71 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re: Mino... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: May 20, 2021 8:45 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- A-32)Thomas Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 72 of 278 6.b) 5.40 PM DS2021-089 Derek Witlib, Manager Planning Services re: Mino... 1Y -�E m 10 a E t e � O n N I I r N O N O Cu CU Q- CL _0 O Cu O a) a) E c 0 Cu .CU 0) _0 C6 � > •� a) O O to CO 10� O1-- m . . . . O 0 r. 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A J 0 _ = 00 � g � ° = = % § 2 .S N > ƒ \ \ C / \ _ / 2 0e = _ _ _ \ _ U % S \ SE / _ � _ E Cu U) Cu b 2 ) e £ 0 = 0 E = g . / CU \2\ \ /a \ Cu Z \ o_ _ _ ( Cuƒ\ E \ k [ ƒ ƒ-2 E ƒ \ \ � RR � RR = Cu S —CU _� £ 0 E ƒ ƒ cca) ° 7 § R R 2 R < � \ w & a 4 Page 82 0 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-086 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # June 2, 2021 Minor Variances Application 2021-A-33 Roll #: By Parker Wilson & Emilie R.M.S. File #: 4346-010-002-29850 Lesage D13 3327 Line 4 North Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-086 be received and adopted. 2. That Minor Variance Application 2021-A-33 by Parker Wilson and Emilie Lesage, specifically for permission to construct a single-family dwelling with a reduced common wall of 19% to the attached garage and 28% to the master suite on the lands municipally known as 3327 Line 4 North, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-086. 3. The conditions are as follows: a) That notwithstanding the definitions of "Attached" and "Garage, Attached", the single-family dwelling, master suite and attached garage shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single-family dwelling, master suite and attached garage with a reduced common wall be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the appropriate Zoning Certificate, Entrance Permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services June 2, 2021 Report No. DS2021-086 Page 1 of 11 Page 83 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... Background: The subject property has a lot area of 3.93 hectares (9.7 acres) and is currently vacant. The applicants are proposing to construct a single-family dwelling with a reduced common wall to the attached garage and the master suite. The applicants are requesting relief from the following Section of Zoning By-law 97-95, as amended: Section 6.0 — Definitions Attached [By-law 2015-112 / Garage, Attached [By-law 2015-192 Required. Proposed: 40% common wall 19% with attached garage 28% with attached master suite 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 single family dwelling 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, 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 dwelling is consistent with the Rural Areas as the lands will be building upon rural character, and leveraging rural amenities and assets. Development Services June 2, 2021 Report No. DS2021-086 Page 2 of 11 Page 84 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... 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. Based on the above, this application conforms the applicable sections of the Growth Plan. County 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). Permitted uses in the Greenlands designation include agricultural uses; agriculture-related uses; on-farm diversified uses; forestry uses; mineral aggregate operations; outdoor passive recreational uses; and residential dwelling units that demonstrate that the lands are not within a prime agricultural area. According to Section 3.8.16, legally existing uses within the Greenlands system will be recognized and can continue. This property has previously been through the Consent and Site Plan Control process where an Environmental Impact Study (EIS) was performed. The proposed dwelling is within the area that the EIS identified as an appropriate place to build. In Planning Staff's opinion, the applicant's minor variance application conforms with 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 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 are single detached dwellings and by extension accessory uses to the residential use. Development Services June 2, 2021 Report No. DS2021-086 Page 3 of 11 Page 85 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... Therefore, based on the above, the requested variances pertaining to the construction of one (1) single detached dwelling with a reduced attached garage/master suite common wall shared with the dwelling is considered to maintain the general intent and purpose of the Official Plan. Do the variances 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 are permitted in the A/RU Zone. The applicant is proposing to build a single detached dwelling and is seeking relief from the Zoning By-law to allow for the dwelling to have a reduced common wall with the garage and the master suite. The general intent of the Zoning By-law in requiring an attached garage/structures to share 40.0% of the common wall with the dwelling is to ensure that structures that are intended to function as a single unit are connected in a substantial manner by being connected visually and structurally. This avoids any situation of potentially having two otherwise separate structures connected in a minimal and potentially architecturally unattractive manner. However, it did not intend to preclude unique designs, such as the plan subject to this application, where the proposed attachment is architecturally substantial. Based on the drawings submitted by the applicant, the attached garage and master suite, in its appearance and function is considered to be part of the single detached dwelling. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to maintain 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 with a reduced common wall 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. The size and location of the building will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance to allow for a reduced common wall is minor in nature as it is not anticipated to have an adverse impact on the neighbouring properties. The property is large in size 3.93 hectares (9.7 acres) and the lot is heavily vegetated on all sides. Development Services June 2, 2021 Report No. DS2021-086 Page 4 of 11 Page 86 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (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. 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 objections • Township Building Services — No comments received Development Services June 2, 2021 Report No. DS2021-086 Page 5 of 11 Page 87 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... • Township Infrastructure and Capital Projects — no objections • Township Environmental Services — no objections; Previous correspondence noted in relation to applicant wishing to be hooked up to the water system Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Floor Plan Drawings Schedule 5: Applicants Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-33 be approved, specifically, to permit a single-family dwelling with a reduced common wall of 19% to the attached garage and 28% to the master suite, 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. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services May 26, 2021 Andria Leigh, Director, Development Services May 26, 2021 Development Services June 2, 2021 Report No. DS2021-086 Page 6 of 11 Page 88 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... Schedule 1: Location Map �aKw�a. 71 11 8 6 4 52 -xeonama•xa. 2 73 Pines Rd. 75 0666 64G 638 77 xp �P nelrlxa. ±J3 UI 81 79 - i 81RfOE " r 22 Horseshoe Valley Rd.W. 2 3387 4 3 5 6 3328 7 739 8 9 p, 10 6 � 11 03324 12 -. 3331 13 14 16 15 17 18 21 23 20 3325 34 3327 22 3315 24 26 28 3303 Schedule 1 -ael-im ANSI\-, Location Township of ®Subject Lands Proud Heritage,Exciting Future 0 200 m File Number:2021-A-33 N I i i i I Development Services June 2, 2021 Report No. DS2021-086 Page 7 of 11 Page 89 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re- Minor Variances App... Schedule 2: Aerial Photo �enetaneRd. —!1 Hore Y'PI•IlaIN RA. O d. .0 tlg' , sd V �l Schedule 2 Aerial Photo Township of Subject Lands Proud Heritage,Exciting Future 0 100 rn File Number:2021-A-33 N Development Services June 2, 2021 Report No. DS2021-086 Page 8 of 11 Page 90 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... Schedule 3: Applicants Proposed Site Plan (00 0 1 ' 1g000 '`Ilk - Schedule 3 Applicant's Site Plan File Number 2021-A-33 Proud HeritnRe,Exroaia,Q Future Development Services June 2, 2021 Report No. DS2021-086 Page 9 of 11 Page 91 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re- Minor Variances App... Schedule 4: Applicants Floor Plan Drawings WAIJ m m .< m IA � • \l. IIIT F i .., LIUnL a Schedule 4 Applicant's Basement Floor Plan l/ �OL1 File Number 2021-A-33 Proud I{rriinQr,ExrltfoL,Q Future Development Services June 2, 2021 Report No. DS2021-086 Page 10 of 11 Page 92 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re- Minor Variances App... Schedule 5: Applicants Elevation Drawings EE t .eu E�v.nox Q II1I TH Schedule 5 Applicant's Elevation Drawings �1 �— l/ File Number 2021-A-33 Proud Hrrf#air,ExrltfoL,Q Future Development Services June 2, 2021 Report No. DS2021-086 Page 11 of 11 Page 93 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: May 18, 2021 3:15 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- A-33) Wilson Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 94 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: May 18, 2021 3:41 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- A-33) Wilson Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 95 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... From:Jakobi, Michelle <mjakobi@oro-medonte.ca> Sent: May 19, 2021 4:02 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- A-33) Wilson Hi Teresa, Please see attached correspondence previously sent directly to applicate with regard to water servicing. The applicant indicated his desire was to connect to the municipal drinking water system. Michelle Michelle Jakobi Acting Director, Environmental Services Township of Oro-Medonte Page 96 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... From:Jakobi, Michelle <mjakobi@oro-medonte.ca> Sent: March 10, 2021 2:42 PM To: parker.w.wilson@gmail.com; estimates@ plum btechplumbing.com Cc: Silk, Pam <psiIk@oro-medonte.ca>; Ryan, Michael <mryan@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Quattrociocchi, Andrew<aquattrociocchi@oro-medonte.ca> Subject: FW: 3327 4th Line N Good Afternoon All, The last inquiry Environmental Services received on this property was related to potential for connection to the municipal drinking water system. For your planning purposes a 3/' or 1" service line is generally acceptable from a connection and meter standpoint for a single family residential property but this would be evaluated during building permit submission. Should you wish to connect to the municipal drinking water system and as part of the building permit process the following is required: • in addition to other charges, including DC charges as identified on the Township website, a specific payment of the Horseshoe water charges of $ 9938 ($4675+$5263) is required o DC Charges can be found using this link https://www.oro- medonte.ca/municipal-services/taxes-finance/development- charges#Horseshoe • Payment of water meter package ( $437.57) and trench inspection ($200) Also, as a reminder, all costs to connect to the municipal drinking water system including but not limited to trenchless technology (i.e. no open cut in road), supplies and equipment would be property owners cost. Environmental Services requires connection details and with the Building Department must approve prior to any works, as well as being on site during the connection. Finally, all costs related to the service line on private property is property owner's responsibility. Once any applicable fees are paid and building permit applications approved, the connection and trench inspection can be scheduled. For information on zoning certificates and the building permit process please use this link https://www.oro-medonte.ca/municipal-services/planning-information/zoning- certificates-building-permit-submissions Sincerely, Michelle Jakobi Acting Director, Environmental Services Township of Oro-Medonte Page 97 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re- Minor Variances App... Cu w VJ "w 0 riiTium Ax W � ,V',1,4111�144'•,�!,�',t�l Ool O � ���Il��,�1�,1{t'41,��•.�,1 -L CY) NJ,Dull- 1 77- N O N O Cu CU ry �. Q o _0 Q z Cu N ry C) a� _ C •� Cu Cu Cu Cu Cu Cu M U • • . . > M ca Oo . . ♦.., •— �a q. ca •— � v � •v i Page 98 of 278 6.c) 5.50 PM DS2021-086 Danielle Waters, Planner re: Minor Variances App... 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File #: 4346-010-008-31700 557 Line 5 South D13- Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-081 be received and adopted. 2. That Minor Variance Application 2021-A-34 by Carrie & Dennis Underwood, specifically for permission to construct a detached accessory building with a 0.0 metre (0.0 feet) setback from the limit of the Environmental Protection (EP) Zone on lands municipally known as 557 Line 5 South, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-081 . 3. The conditions are as follows: a) That notwithstanding Section 5.27 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; and, 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 applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services June 2, 2021 Report No. DS2021-081 Page 1 of 12 Page 108 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... Background: The subject property is located on the east side of Line 5 South having a lot area of 0.8 hectares (1.9 acres) and currently supports a single detached dwelling and a small garden shed (refer to Schedules 1 and 2). The applicants are proposing to construct a new 92.7 sq.m. (998.0 sq.ft.) detached accessory building (garage) and are requesting relief from the following section of Zoning By-law 97-95, as amended: Section 5.27 — Setback from Limits of Environmental Protection EP Zone Required. Proposed: 30.0 metres (98.4 feet) 0.0 metres (0.0 feet) The applicant's site plan drawing is included as Schedule 3 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, Section 1 .1 .5 Rural Lands, and Section 2.2 —Water and Section 3.1 — Natural Hazards are applicable to this application. Section 1 .1.4 Rural Areas in Municipalities and Section 1 .1 .5 Rural Lands in Municipalities contains policies for rural lands in municipalities on where to direct development. Policy 1.1.5.4 states "development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted." The surrounding land uses of the subject lands consist of large agriculturally related and rural residential land uses. Therefore, the proposed detached accessory building will be in keeping with the rural landscape of the area. Planning Staff is of the opinion that the proposed development is consistent with the Water and Natural Hazards policies of the PPS, as the proposed accessory building is not anticipated to have any negative impacts on the nearby watercourse, since there is already existing development (i.e. existing dwelling and septic system) located closer to the watercourse than the proposed accessory building, and no flooding and erosion hazards are anticipated, based on the comments that the Township has received from the Lake Simcoe Region Conservation Authority (LSRCA). Planning Staff is of the opinion that this application is consistent with the policies of the PPS. 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 Development Services June 2, 2021 Report No. DS2021-081 Page 2 of 12 Page 109 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... 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 the Rural Areas policies in the Growth Plan. Section 4.2.4 — Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies to this application as the proposed development is located in proximity to a watercourse. Specifically, Section 4.2.4.1 states: "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature." (p. 43-44). In Planning Staff's opinion, no Growth Plan objective would be served by requiring a Natural Heritage Evaluation (NHE) for the purposes of the proposed accessory building, as the development is proposed to be located within the existing developed side/rear yard and therefore the extent of site alteration and development on the lands is not expanding any closer to the watercourse than the existing dwelling and its associated landscaping, and septic system. Therefore, there is no new or increased impact created by the proposed development on any hydrologic features. Furthermore, the LSRCA in their comments have not expressed any concerns or objections with respect to this application. 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 and the LSRCA in their comments have not expressed any concerns or objections with respect to this application. Development Services June 2, 2021 Report No. DS2021-081 Page 3 of 12 Page 110 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... Based on the above, this application is considered to conform to the LSPP. County Official Plan The property is designated Agricultural and Greenlands in the Simcoe County Official Plan. The proposed accessory building is proposed to be located in the Greenlands designation. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." Section 3.8.16 speaks to legally existing uses which are recognized and permitted to continue in the Greenlands designation. The residential use of the property is an existing use and the proposed development is accessory to this permitted use. In Planning Staff's opinion, the application conforms to the County's Official Plan. 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 "Agricultural" in accordance with Schedule "A— Land Use" of the Township's Official Plan (refer to Schedule 4). Permitted uses in this designation include single detached dwellings and, by extension, accessory uses on existing lots. There is a watercourse that runs through the property to the east of the dwelling; therefore, Section B5.1.2 is also applicable to this application. The intent of the Official Plan is to protect all rivers and streams from incompatible development and to minimize the impacts of such development on their function. In this regard, no development is permitted below the top of bank of any river or stream or within 30.0 metres (98.4 feet) of the top of bank. Since the application is for a detached accessory building that will be setback approximately 41 .0 metres (134.5 feet) to the closest point of the watercourse, the potential for new or increased impacts created as a result of the proposed development appears to be minimal. As the proposed detached accessory building is to be located outside of the LSRCA Regulated Area and the LSRCA has not expressed any concerns or objections, Development Services June 2, 2021 Report No. DS2021-081 Page 4 of 12 Page 111 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... Planning Staff finds the variance 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)" and "Environmental Protection (EP)" in the Township's Zoning By-law 97-95, as amended (refer to Schedule 5). The proposed detached accessory building will be located on the A/RU zoned portion of the property and is permitted pursuant to Section 5.1 of the By-law. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of the accessory building with a 0.0 metre (0.0 feet) setback from the limit of the EP Zone. The intent of the 30.0 metre (98.4 feet) setback required by the Zoning By-law is to protect buildings and structures from being constructed too close to an environmental feature, as well as to protect development from flooding and erosion hazards. Upon site inspection, it was determined that the watercourse runs diagonally through the property behind the existing dwelling and the proposed accessory building. The proposed accessory building is to be located approximately 41.0 metres (134.5 feet) to the closest point of the watercourse which, in Planning Staff's opinion, will not impact the environmentally protected area. This position is supported by the comments of the LSRCA, who have advised they have no concerns with the application. Based on the above, the proposed variance meets the general intent and purpose of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? The variance is considered appropriate and desirable as the proposed detached accessory building will be located in an area that is already cleared, where no EP features were noticeable during the site visit and which has been used as a driveway. The new building will not affect any of the adjacent neighbours as the accessory building will blend in with the adjacent uses on the street. Based on the above, Planning Staff is of the opinion that the variance is 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. Planning Staff are of the opinion that the requested Minor Variance for a reduced setback to the EP Zone of 0.0 metres (0.0 feet) to the proposed detached accessory building is minor in nature for this property as the accessory building would be constructed further from the watercourse than the existing development on the property, that it is not anticipated to have an adverse impact on the environmental feature and will comply with all setback requirements within the A/RU Zone. Development Services June 2, 2021 Report No. DS2021-081 Page 5 of 12 Page 112 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... 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 Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — no objection. • Township Infrastructure and Capital Projects — no objection. • Lake Simcoe Region Conservation Authority - The site is partially within a regulated area however the proposed works appear to be outside of the regulated portion and will therefore not require a permit. LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with the LSPP. The works will not require a permit from LSRCA. Development Services June 2, 2021 Report No. DS2021-081 Page 6 of 12 Page 113 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Township Official Plan — Land Use Schedule 5: Existing Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-34 be approved, specifically to permit the construction of a detached accessory building (garage) with a 0.0 metre (0.0 feet) setback from the limits of the Environmental Protection (EP) Zone on lands municipally known as 557 Line 5 South, Township of Oro-Medonte, 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 Division May 28, 2021 Andria Leigh, Director, Development Services May 28, 2021 Development Services June 2, 2021 Report No. DS2021-081 Page 7 of 12 Page 114 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... 320 293 ......uee•Rd. 214 x?rsesx'o®.v,Il�a�y 369 Id C �.a N y _b9 ud 473 432 441 500 512 546 560 557 576 570 623 0? Uf c J 610 673 791 680 829 745 504 815 929 930 654 I;p 543 Schedule 1 Location 7' hip of ® Subject Lands Prnud Heritage,Exciting Future 14 0 400 m File Number:2021-A-34 N I i r t Development Services June 2, 2021 Report No. DS2021-081 Page 8 of 12 Page 115 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re- Minor Varia... va,�wJ . Horseeha Na�la 1 I } �r eI � 4 �pq'R�R•d P� f LO � ( r Schedule 2 Aerial Photo - � Ta Itrp of Subject Lands Proud Heritage,Exciting Future 0 40 rn File Number:2021-A-34 N , 1 1 1 1 Development Services June 2, 2021 Report No. DS2021-081 Page 9 of 12 Page 116 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... 2440.00"F 98.00m I I I I � I I ml WI I M I E �l _j j ^ m ww 03 h' a h �Y n 47.6m GARAGE 33.0 (7-OmO2.2m)' ' I FFE 258.45OOE 1 8, .0 E 93.12m re VA ` LSRCA REGULATED AREA I Schedule 3 Applicant's Site Plan - 'J To-umshlt o ���� File Number 2021-A-34 Proud Heritage,Excitiug Futnwe Development Services June 2, 2021 Report No. DS2021-081 Page 10 of 12 Page 117 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re- Minor Varia... 1v aseyrtn..-f- I i Morsestiee�Y�a llblyi�R } Old. f' 4 C - 1pbAR�µoad. N C J Schedule 4 Township Official Plan - Land Use y.*Subject Lands �� QFnvironmertal Protection Two Ibwtrskip of Agricultural Proud Flerifagei Exeifing Future 0 400 m File Number:2021-A-34 N I i I Development Services June 2, 2021 Report No. DS2021-081 Page 11 of 12 Page 118 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re- Minor Varia... 7Y�aer•Rn., EP. onslonR esM1ae•Ya�leyryRd. Re4 OId•B��•iid. -I d. w<d A/RU A/RU A/RU EP RURa �_ e AIRU AJRU Schedule 5 Existing Zoning To, ti,,ip�f r:- 0 RUR2(Rural Residential Two) 0f 1 Subject Lands Proud HeriNq e,Exci[in,t Future L i A/RU(Agricultural/Rural) ® EP(Environmental Protection) 0 200 R1 File Number:2021-A-34 N I i i i Development Services June 2, 2021 Report No. DS2021-081 Page 12 of 12 Page 119 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re. Minor Varia... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: May 18, 2021 3:16 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- A-34) Underwood Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 120 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re. Minor Varia... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: May 18, 2021 3:43 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- A-34) Underwood Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 121 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... Lake Simcoe Region conservation authority www.LSRCA.on.ca Sent by E-mail:akaraiskakis@oro-medonte.ca May 26, 2020 File No: 2021-A-34 IMS File No.: VA-130282-051821 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mrs. Karaiskakis: Re: Minor Variance Application 557 Line 5 South Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of a detached accessory building (garage) seeking relief from the minimum setback to 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 partially regulated due to the flood and erosion hazards associated with the watercourse (Shelswells Creek). • 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 and Agricultural/Rural (A/RU)Zone. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 122 o-fF278.800.465.0437 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planneralt:slbgaa�e Via... conservation authority Page 2of3 Features �k Lake SiTwe Region Ls1;ch watr,v cu ea rindnry V 13 LSPP Watiw shed B�rdary Regi6aliur 6�rdariy LM S S Ragwsbwr rLea Aesmweri l:Par¢e+ Lai aM C.E� Rand lihrll Wahercarx Rnrds NES b rwr+m S.rr. mWWOBy 0 Lower ref wroap ny 3■I I.iN€%5 � S V26QC21 w .a ar r¢sm�aaee�a .mc er.. SCO&1: 1.623 Meters 62 0 41 82 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The proposed new garage will be located outside of the hazard lands which exist on site. LSRCA is therefore satisfied that the proposal is consistent with Section 3.1 of the PPS and in conformity with the Lake Simcoe Protection Plan (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 123 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior "Planneraft:s;Mqon authoritVia... conservatiy Page 3 of 3 interference in any way with a watercourse or wetland. The site is partially within a regulated area however the proposed works appear to be outside of the regulated portion and will therefore not require a permit. Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS,and in conformity with the LSPP.The works will not require a permit from LS RCA. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Planner 1 Page 124 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... 2_ A 'S-9-aui,1 � 0. ?c u W O O N 'SS=aup *%%—WOO ,It CM Q a A N y v a O LA N O C6 U ^ .- n Q ry Q Q O N U U) 4-0� O C6 LO O N (6 — U C (6 'i to J � � a) Q E G� O U') 0) C: ca cn .� Q 0-- 0 }' w •— a� t�.� •� -0 L N O U Page 125 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... 0) L6 1Y }} O ca O >, U) m � U � � _0 N a) 1. T U O co cu C: Q o 0 N _ r � N _0O 4-1 O '� o o 1-1 0 O o_ U) O 0) o 4--1 o _ O Q E U o a- o O0 O mi 1. C: CL a) LU Q N '(D o CO U � C � J C6 Coo ' cOn u �. G N O O Li -j Q cu E L E o Z3 (6 U) o a cu cn Page 126 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re- Minor Varia... a w 3 °+ rf- r *%%—}WOO CM } 'S S auli- N O Wi N O C6 CU CL CL Q N CU C6 .L— C6 O o .� m � a L Q Page 127 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... �I O I w o i r w U J �ttc � � a m I M wewNt I Q �Nm I WDZZ Vm ' W£ZI F J !I ww { I � � C601 W U C6 C6 a O cn � v CL CL Q Page 128 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... d a' ry Y W O x� � O �� n, a' W %%-WOO S S 7 CM Q w N 4 O N O C6 U CL CL Q o .o N U � CD cu •� r w cu . . O O N LO 75 ca J c� A 4Jr7 W Page 129 of 278 6.d) 6.00 PM DS2021-081 And Karaiskakis Senior Planner re- Minor Varia... /�+ (6 I 0 0 0 _ p () CM Q N � 4-0 O 00 N U) cu O J O CL CL 4-0 C6 0 > Q a Z Page 130 of 278 6.d) 6.00 PM DS2021-081 Andy Karaiskakis, Senior Planner re: Minor Varia... W O ` w �1 oo CY) O N a O -0 C — L-- (a O L cu O c COY) U O N U O *%%-WOO y CO CM 1' Q o o o c O cU N o' U) _0 Q O O C6 0 -0 UL� _ o ._ o C CL Q U 1 0 cu �ti " I i . 0 f Q- C/ L U 75 L� O N a > Page 131 of 278 6.d) 6:00 PM D 2021 081 Andy Karaiskakis, Senior Planner re: Minor Varia... , }irk e1 4) O O � � (6 O 2; y co Q rWWI, N �ytx O f az �r xY`2r 'S�dtek�'zsn TS O s �.J cu U � ;t _0 Q O W U c C6 o C: .� s cu L t K. cu (� O cy) O cy) cu 0 L Page 132 of 278 §.d) S:OO PM DS2O2]-OS\And/ K8C1 kB�S, SeniOrPlanner �- Minor V8n8.. \ \ 0 -a / a \ k � t 2 _ � _. ) \ U) -Fu \ / \ / � : 4 $ / S \ 2 �% § Q / ( 7 \ \ \ 0 f 2 E § A \ \ \ \ \ $ 2 $ / f 7r \ \ \ \ 3 / \ -0 0 2 \ 2 U) / 0 q c 2 §\ \ � cu co .0 0 \ ■ : / 7\ / m E .g = _ _ a) ■ E � \ \\ k � / ) / E/ / \ % k \ \ \ / ( o = _ \ ° ° E \ \ ° _ £ _ U) ~ � \ \ \ _ \ o . a = o I . _ = o e ( LU 0 cu Lp \ E = .g & q £ e = o � / \ \ L f .2 ' � U) 1 � � \ - \ k � \ 0 / \ 60 C 3 3 E t / & E» _ C _ — % 2 E / u \ t \ > ° k § \ E ,-\ � \ 0) \ 2 0 '> _ '� R = ._ _ = o 7 �3 / Nam± \ 7 \ > � ± 0 0 U)Ccu / 3 _ � w > \ 0cu 5E0U) / § \ 2 ± / O3 e\ & \ N 0 C)C'J .- .- g c a = .� . . ± O \ \ \ \ \ ( � G 9 7E ® 0220 / u .g � / /� .7 � 77 / $ = & Ego / 7 '7 = = > = 2 \ CU� \ � k \ \ \/ k \ k 2 = $ e > E g � CU R \ \ / 7 � k % � / E _ _ _ E_ 0) _ 5 t > a0 .0 g7 = \ E § 9 / e ƒ kƒ ƒ 7 ƒ 7 E 13 � & § R = RR = R2 / E eE o — E 7 / $ _ cu v _ S a 4 Page133 0 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... Township of Report 0 Proud Heritgge, Exciting Future Report No. To: Development Services Prepared By: DS2021-080 Committee Michael Barton, Township Planning Consultant Meeting Date: Subject: Motion # June 2, 2021 Consent Application 2021-B-21 by Ruby Young & Roll #: Julian Pikulik R.M.S. File #: 434602000122300 363 Scarlett Line D10-59550 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-080 be received and adopted. 2. That the Development Services Committee grant Provisional Consent to Application 2021-13-21 to permit a boundary adjustment to convey a parcel having a lot frontage of 27.342 metres, depth of 182.88 metres and an area of approximately 0.86 hectares to be merged with the property located at 101 Craig Sideroad, subject to the conditions as outlined in Report DS2021-080. 3. The conditions are as follows: a) That the severed lands be consolidated with the abutting property to the north and east (101 Craig Sideroad) 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 101 Craig Sideroad, 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 the Applicant transfer to The Corporation of the Township of Oro- Medonte (the "Township"), in fee simple, free and clear of all liens and encumbrances, a 15 metre by 15 metre daylighting triangle at the south-east corner of Line 2 North and Craig Side Road dimensioned to the satisfaction of the Director, Operations and Community Services, to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer Development Services June 2, 2021 Report No. DS2021-080 Page 1 of 18 Page 134 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylighting triangle with public highway as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. c) 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; d) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; e) That all municipal taxes be paid to the Township of Oro-Medonte; f) 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, g) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized). WARNING: Failing to fulfil the conditions within the above- noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject properties are known municipally as 363 Scarlett Line and 101 Craig Sideroad as illustrated on Schedule 1. An aerial view of these properties and their existing limits is provided in Schedule 2. 363 Scarlett Line is currently occupied by a single detached dwelling and an extensive amount of open space and wooded area. 101 Craig Sideroad currently has no structures and is occupied by open space, agricultural and natural heritage features. Schedule 3 contains the applicant's consent sketches, including an aerial photograph of these and surrounding properties for reference by the Committee. The subject properties are surrounded by rural lands, primarily heavily wooded areas and open space. There are low density residential properties fronting onto Scarlett Line that are buffered from the subject properties by wooded areas, as well as by physical distance. Development Services June 2, 2021 Report No. DS2021-080 Page 2 of 18 Page 135 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... 363 Scarlett Line utilizes private services, including septic tanks and a tile bed located in the front yard adjacent to Scarlett Line. Scarlett Line and Craig Sideroad are both two- lane paved Township roads with gravel shoulders. 363 Scarlett Line is accessed via one unpaved driveway on Scarlett Line that extends to a large parking and vehicular circulation area in front of the dwelling. The proposal involves severance and transfer of a portion of 363 Scarlett Line lands to 101 Craig Sideroad. This application represents a boundary adjustment that will reduce the area of 363 Scarlett Line (forming the "retained lands") and increase the area of 101 Craig Sideroad with no new lot being created. The severed lands are predominantly the wooded natural heritage areas currently part of 363 Scarlett Line. The proposed lot dimensions as identified in the Notice of Public Hearing dated May 18, 2021 are as follows: Lands to be Severed Lands to be retained Total Merged lands from 363 Scarlett Line (363 Scarlett Line) (101 Craig Sdrd) and added to 101 Craig Sdrd Frontage: Width approx. 27.4 m Approx. 64.0 m Approx. 353.4 m 90.0 ft. 210.0 ft. 1,159.0 ft. Depth: Irregular; Approx. 182.9 Approx. 126.45 m Approx. 986.0 m m 600.0 ft. 414.86 ft. 3,237.0 ft. Area: Approx. 0.86 ha Approx. 0.8 ha Approx. 40.0 ha (98.8 (2.13 acres) (2.0 acres) acres) Use: Residential/dense bush 1 Continued residential Continued vacant The following are key considerations in evaluating the development proposal and requested minor variances: • 363 Scarlett Line is currently composed of two distinct areas: the single detached dwelling, driveway/parking area and open space surrounding the dwelling; and the surrounding natural heritage, heavily wooded areas. The proposed consent would effectively transfer the natural heavily wooded area of this property to 101 Craig Sideroad and leave a single detached property on the retained lands. • Merging the severed lands with 101 Craig Sideroad would bring the natural environmental areas on and surrounding 363 Scarlett Line into common ownership rather than being parceled out separately. • The developed portion of 363 Scarlett Line (the "retained lands") will be similar in area and frontage to the developed portions of the other single detached properties on Scarlett Line. • The existing dwelling will be centrally located on the retained lands and provide considerable side and rear yard setbacks to the surrounding natural areas and residential property to the south. Development Services June 2, 2021 Report No. DS2021-080 Page 3 of 18 Page 136 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... • No new structures or modifications to the existing dwelling are proposed on the retained lands that have the potential to result in adverse impacts or compatibility concerns with the surrounding land uses. The retained lands as shown in in the proposed severance meet the applicable zoning regulations for the Agricultural/Rural (A/RU) and Environmental Protection (EP) zones, including standards for lot area, lot frontage, setbacks and building height as set out in Tables B4 and B5 of the Zoning By-Law. Therefore, no minor variance application is required in conjunction with the application for consent. Policies, Legislation and Analysis: Provincial Policies Planning Act Section 50(1) authorizes the Development Services Committee to grant consents if it is satisfied that a plan of subdivision is not necessary for the proper and orderly development of the subject lands. Section 50(12) requires the Committee to have regard to the matters under section 51(24), including matters of Provincial interest as referred to in Section 2. Planning staff have reviewed this application and are satisfied that a plan of subdivision is not necessary, and that appropriate regard has been given to the matters set out under section 51(24) and section 2. Provincial Policy Statement, 2020 The Provincial Policy Statement (2020) (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The 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 proposed consent is consistent with and does not conflict with PPS 2020 specifically the applicable policies summarized in Table 1. Table 1 — PPS 2020 Policy Analysis Matrix Policy Section Policy Analysis The Vision for Ontario's Land Use Planning System • The consent will consolidate important (Part IV of PPS 2020) natural environmental areas and wetlands and clearly delineate these lands relative to the existing residential property; Development Services June 2, 2021 Report No. DS2021-080 Page 4 of 18 Page 137 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... • Land use must be carefully managed to • There will be no changes to the retained accommodate appropriate development to lands or the expanded property at 101 Craig meet the full range of current and future Sideroad that would result in adverse impacts needs,while achieving efficient development to the existing environmental features on and patterns and avoiding significant or sensitive adjacent to these properties or pose risks to resources and areas which may pose a risk to public health and safety; public health and safety. • The single detached dwelling will utilize • Efficient development patterns optimize the existing private services and require no new use of land, resources, public investment in investment in municipal infrastructure. infrastructure and public service facilities. • Strong, liveable and healthy communities promote and enhance human health and social well-being,are economically and environmentally sound,and are resilient to climate change. • Strong communities,a clean and healthy environment and a strong economy are inextricably linked. Long-term prosperity, human and environmental health and social well-being should take precedence over short-term considerations. 1.1 Managing and Directing Land Use to Achieve • The boundary adjustment will bring the Efficient and Resilient Development and Land Use wetlands and important natural heritage Patterns features on the subject property into common ownership with the surrounding 1.1.1 Healthy, liveable and safe communities are Environmental Protection lands,which will sustained by: facilitate more effective management and protection of these lands; c)avoiding development and land use patterns • There will be no changes to the retained which may cause environmental or public health lands or the existing single detached dwelling and safety concerns; that would adversely impact the surrounding h) promoting development and land use patterns natural heritage features,rural lands and that conserve biodiversity residential properties. 1.4 Housing • The consent will allow for the existing single detached dwelling to remain on the retained 1.4.3 Planning authorities shall provide for an lands while the important wetlands and appropriate range and mix of housing options and natural heritage features are transferred to densities to meet projected market-based and the adjacent properties with Environmental affordable housing needs of current and future Protection designations. residents of the regional market area by: • This boundary adjustment will balance retention of housing in the community with b) permitting and facilitating: preservation and protection of natural heritage features. 1. all housing options required to meet the social, health,economic and well-being requirements of current and future residents, including special needs requirements and Development Services June 2, 2021 Report No. DS2021-080 Page 5 of 18 Page 138 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... needs arising from demographic changes and employment opportunities; and 2. all types of residential intensification, including additional residential units, and redevelopment in accordance with policy 1.1.3.3 2.1 Natural Heritage The boundary adjustment will support these objectives to protect natural features and areas over 2.1.1 Natural features and areas shall be protected for the long-term by removing wetlands and other natural the long term. areas worthy of protection from the existing property at 363 Scarlett Line and combining these lands with 2.1.2 The diversity and connectivity of natural features those at 101 Craig Sideroad, which are already in an area, and the long-term ecological function and designated Environmental Protection. biodiversity of natural heritage systems,should be maintained, restored or,where possible, improved, recognizing linkages between and among natural heritage features and areas,surface water features and ground water features. A Place to Grow, Growth Plan for the Greater Golden Horseshoe (2020) 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 property is designated "Greenlands" on Schedule 5.1 of the County of Simcoe Official Plan. The subject property is also not located in any of the following as designated in the Official Plan: Areas of Natural and Scientific Interest; Wellhead Protection Areas and Surface Water Intake Protection Zones; and Highly Vulnerable Areas. However, the subject property is located in a Significant Groundwater Recharge Area as shown on Schedule 5.2.6. In addition, a substantial portion of 101 Craig Sideroad is located in the Copeland-Craighurst-Guthrie Evaluated Wetland Complex. However, this wetland complex does not extend onto 363 Scarlett Line and will not be within the limits of the proposed consent. The proposed consent conforms and does not conflict with the applicable policies of the Simcoe Official Plan, specifically the policies summarized in Table 2. Table 2 — County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan . The proposed consent represents a boundary adjustment that will separate the residential Development Services June 2, 2021 Report No. DS2021-080 Page 6 of 18 Page 139 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... The goals of this Plan are: use at 363 Scarlett Line from the Environmental Protection lands and wetlands • To protect,conserve,and enhance the on this property,which will allow for more County's natural and cultural heritage; effective management of the natural heritage • To achieve wise management and use of the resources. County's resources; • The retained lands will comply with the lot • To implement growth management to area requirements of the Township Official achieve lifestyle quality and efficient and Plan and Zoning By-Law. cost-effective municipal servicing, • The existing dwelling on the retained lands development and land use; will remain in its current form and utilize • To achieve coordinated land use planning among the County's local municipalities and existing private services. with neighbouring counties,districts, regions, and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities, providing employment and business opportunities;and • To promote, protect and enhance public health and safety. Part 3-Growth Management Strategy • The existing residential use will be maintained on the retained lands and there 3.1 Strategy will be no changes that would be inconsistent with the objectives of the Greenlands The planning strategy of this Plan is based on four designation or adversely impact the adjacent themes: natural environmental areas; • The wooded areas of 363 Scarlett Line will be • Direction of a significant portion of growth consolidated with the wooded, naturalized and development to settlements where it can areas of 101 Craig Sideroad to create a more be effectively serviced,with a particular consistent linkage of these areas; emphasis on primary settlement areas. . The existing residential lot(363 Scarlett Line) • Enabling and managing resource-based is being reduced in area while maintaining development including agriculture,forestry, aggregates,and tourism and recreation. the existing dwelling,as opposed to lot • creation and construction of a new dwelling, Protection and enhancement of the County's natural heritage system and cultural features effectively separating the residential use from and heritage resources, including water the surrounding natural and wooded areas. resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.8 Greenlands • The boundary adjustment will help to protect the natural character of the natural heritage Objectives lands by consolidating these lands on 363 Scarlett Line with the Environmental 3.8.1 To protect and restore the natural character, Protection areas and wetlands at 101 Craig form,function,and connectivity of the natural Sideroad; heritage system of the County of Simcoe,and to Development Services June 2, 2021 Report No. DS2021-080 Page 7 of 18 Page 140 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... sustain the natural heritage features and areas and . The application will reduce the existing lot at ecological functions of the Greenlands designation and 363 Scarlett Line and increase 101 Craig local natural heritage systems for future generations. Sideroad,with no new lot being created; 3.8.2 To promote biodiversity and ecological integrity • There will be no changes to the existing within the County's natural heritage features and dwelling on the retained lands that would areas and the Greenlands designation. adversely impact the adjacent natural 3.8.3 To improve the quality,connectivity and amount heritage features. of woodlands and wetlands cover across the County. 3.8.4 To ensure that species and communities of conservation concern can continue to flourish and evolve throughout the County. 3.8.5 To contribute to the protection,improvement, and restoration of the quality and quantity of surface water and ground water and the function of sensitive surface water features and sensitive ground water features within the County. 3.8.6 To ensure that the Greenlands designation complements and supports the natural heritage systems established in provincial plans and is linked with the natural heritage systems of adjacent jurisdictions,and to require local municipalities to identify and protect natural features and ecological functions that in turn complement and support the Greenlands. 3.8.7 To ensure that the location,scale,and form of development respect and support the protection of the County's natural heritage system. 3.8.8 To provide opportunities for natural heritage enjoyment and appreciation and for recreational and tourism uses in keeping with the Greenlands objectives,that foster healthy and liveable communities and enhance the sense of place and quality of life that characterize the County. 3.8.9 Natural heritage in Simcoe County will be protected by: a)The Greenlands designation,which is the natural heritage system of the County of Simcoe; and b)The natural heritage systems of the 16 local municipalities which may identify local natural features and areas in addition to the County's Greenlands designation. 3.8.15 Outside of settlement areas,and subject to Section 3.3.15 (other than for 3.8.15 vi.which is subject to policy 4.4.1),the following uses may be permitted in the Greenlands designation or on adjacent lands as described in Section 3.3.15: i.Agricultural uses; ii.Agriculture-related uses; iii.On-farm diversified uses; Development Services June 2, 2021 Report No. DS2021-080 Page 8 of 18 Page 141 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... iv. Forestry on public lands or in County forests in accordance with an approved management plan and sustainable forest practices; v. Forestry on private lands as permitted by the County's Forest Conservation Bylaw or by a local municipality's tree bylaw under the Municipal Act, 2001; vi. Mineral aggregate operations, if approved through a local Official Plan amendment; vii.Outdoor passive recreational uses; and viii.Subject to demonstrating that the lands are not within a prime agricultural area, residential dwelling units on lots which were approved prior to the approval date of this policy(May 9,2016). 3.8.16 Legally existing uses within the Greenlands system will be recognized and can continue in accordance with Sections 3.3.15 and 4.11.6 of this Plan and the applicable policies of the local municipal official plan.The intent of the Greenlands designation on an active farm is not meant to restrict the use or to reduce the economic viability of the use. Township of Oro-Medonte Official Plan The subject properties are designated "Rural" and "Environmental Protection One" on Schedule A of the Township of Oro-Medonte Official Plan. Portions of these properties are also designated "Provincially Significant Wetlands (EP1)" and "Significant Woodlands" on Schedule B. The proposed consent will more clearly delineate between the lands occupied and used by the existing single detached dwelling at 363 Scarlett Line versus the wooded, natural environmental areas on 363 Scarlett Line and 101 Craig Sideroad. The proposed consent is permitted as a "boundary adjustment" under the policies of the Official Plan. The retained lands will have an area of 0.8 hectares, which is larger than minimum of 0.4 hectares required for a residential lot in the Rural designation. The consent also conforms to the general purpose and intent of the Township Official Plan, specifically the policies summarized in Table 3. Table 3 — Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The consent will facilitate protection and enhancement of natural heritage in this area A2.1 Natural Heritage by consolidating the portions of the subject properties with important natural heritage A2.1.1 Goal It is the goal of this Plan to features and bringing them into common protect and enhance significant natural ownership; Development Services June 2, 2021 Report No. DS2021-080 Page 9 of 18 Page 142 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... heritage features and related ecological . There will be no new structures constructed functions in the Township. on either the retained lands or 101 Craig Sideroad;there will also be no changes to the A2.1.2 Strategic Objectives site or existing dwelling on the retained lands relative to existing conditions; a)To protect from incompatible development . The result will be to allow for continued use significant natural heritage features and their of the retained lands as a residential property associated ecological and hydrological that is compatible with other uses in the functions. community and the adjacent wetlands and b)To maintain, restore and where possible, natural heritage features. enhance or improve the diversity and connectivity of natural heritage features and ecological functions recognizing linkages between and among natural heritage features and areas,surface water features and ground water features. c)To ensure that an understanding of the natural environment, including the values, opportunities, limits and constraints that it provides,guides land use decision-making in the Township. d)To ensure that the function of the Oro Moraine as a significant recharge area is protected. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character . The consent will result in a boundary adjustment only with no visible changes to A2.5.1 Goal the character of 363 Scarlett Line or 101 Craig Sideroad; It is the goal of this Plan to protect, maintain and • The separation of the existing residential uses enhance the natural,agricultural and open space on the retained lands from the surrounding character of the rural area. wetlands and natural heritage features will support the goal of protecting,maintaining Development Services June 2, 2021 Report No. DS2021-080 Page 10 of 18 Page 143 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... A2.5.2 Strategic Objectives and enhancing the character of the rural area; a)To preserve and enhance the Oro Moraine as a • The existing residential use and dwelling is unique and important landform feature of the part of the rural character and will be Township. maintained. b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. A5.4 THE SERVICING OF DEVELOPMENT OUTSIDE OF The existing residential (developed) portion of 363 SETTLEMENT AREAS Scarlett Line utilizes private services, including a septic bed and tanks in front of the dwelling.The developed Prior to the creation of a new lot that is to be serviced portion of this property will be on the retained lands by a private septic system,Council shall be satisfied and will allow for the existing private services tocontinue to function. that the soils are appropriate for the construction and use of a private septic system on the lot. If the lot is to be serviced by a private well or a communal water supply system,Council shall be satisfied that an adequate supply of potable water will be available to service the new lot. If the lot is to be serviced with a municipal or communal sewage treatment system, Council shall be satisfied that the lot can be serviced by that system before the lot can be developed. Where more than 5 lots are proposed,this would be confirmed by a hydrogeological assessment prepared by the applicant to the satisfaction of the Council and appropriate agencies. SECTION 132—ENVIRONMENTAL PROTECTION ONE The boundary adjustment will consolidate significant wetlands and natural heritage features,which will 82.1 Objective allow for effective maintenance and enhancement compared to these areas being fragmented under a)To maintain and enhance the ecological integrity of separate property ownership. the natural heritage system. b)To minimize the loss or fragmentation of significant wetlands and the habitats and ecological functions they provide. SECTION C2—RURAL • Given that the consent is for a boundary adjustment,there will be no impact to the C2.1 Objectives existing rural character of the area. • The dwelling and residential land use are •To preserve and promote the rural character of the existing and will be maintained without the Township and the maintenance of the open creation of a new lot. countryside. • The single detached dwelling is a permitted •To prevent the intrusion of land uses which are use and no changes are proposed that would incompatible with the rural character and/or resource adversely impact the quality and character of activities of the area. built form and land use on the retained lands and the overall community. Development Services June 2, 2021 Report No. DS2021-080 Page 11 of 18 Page 144 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... C2.2 Permitted Uses • The retained lands encompass that currently developed residential component of 363 Permitted uses on lands in the Rural designation as Scarlett Line,and the existing dwelling does shown on the schedules to this Plan are agriculture, not require any additional area to function single detached dwellings, bed and breakfast appropriately. establishments subject to Section C1.3.10, home • There will be no changes to the site access occupations, home industries subject to Section configuration or the level of traffic generated C1.3.3,forestry,commercial dog kennels subject to on the local road network. Section C1.3.5, resource management uses, • The existing private services, including the agricultural research and training establishments septic bed and tanks,will be maintained and subject to Section C1.3.7,farm related tourism utilized on the retained lands. establishments subject to Section C1.3.8 and commercial uses on farm properties subject to Section C1.3.9. Institutional uses such as schools, places of worship,community centres are also permitted. Farm implement dealers,feed and fertilizer distribution facilities,greenhouses,seasonal home grown produce stands,wayside pits and quarries, portable asphalt plants,and existing waste disposal sites are also permitted. In addition,small-scale corporate meeting facilities or corporate retreats,and accessory uses such as accommodation facilities may be permitted. In both cases,the number of accessory accommodation units shall generally be limited to 25,as a result of the impact of such a use on the rural character of the area. The designation also permits existing tourist commercial uses such as private parks,trailer or recreational vehicle parks, mobile home parks, rental cabin establishments and private campgrounds and accessory recreational and commercial facilities C2.3 Development Policies C2.3.1 The creation of new lots for residential purposes In accordance with the intent of this Plan to maintain the rural character of the Township,only a limited number of new lots for residential purposes can be created in the Township. In this regard,only one new lot can be severed from a lot in the Rural designation that has an area of at least 36 hectares or is the whole of an original Township lot provided a lot has not been severed from the parcel after March 26, 1973. In considering the creation of a new lot for residential purposes,the Committee of Adjustment shall be satisfied that the proposed lot: a)will have a minimum lot area of 0.4 hectares; Development Services June 2, 2021 Report No. DS2021-080 Page 12 of 18 Page 145 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... b) is of an appropriate size for residential use,with such a residential use generally not requiring a lot size that exceeds 1.0 hectare; c)fronts onto an existing public road that is maintained year round by the Township or County; d)will not cause a traffic hazard as a result of its location on a curve or a hill; and, e)can be serviced with an appropriate water supply and an appropriate means of sewage disposal. Notwithstanding the above, a larger lot size may be considered for environmental or topographical reasons. D2.2 New Lots by Consent The proposed consent is a boundary adjustment that will result in no new building lot and will not affect the D2.2.2 Boundary Adjustments viability of the use of the retained lands for residential purposes and the expanded lands at 101 Craig A consent may be permitted for the purpose of Sideroad for rural, environmental protection and modifying lot boundaries, provided no new building wetlands purposes. lot is created. In reviewing an application for such a boundary adjustment,the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan. In addition,the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected. Township of Oro-Medonte Zoning By-law No. 97-95, as amended 363 Scarlett Line is zoned "Agricultural/Rural" (A/RU) on the portion occupied by the single detached dwelling and associated uses, and the single detached dwelling is a permitted use. The natural and wetland portions of 363 Scarlett Line are zoned "Environmental Protection" (EP). The retained lands will sit wholly within the A/RU zoning and the severed lands will maintain their EP and A/RU zoning and merge with 101 Craig Sideroad. The retained lands will satisfy the zoning regulations for the A/RU zone, including the following: • Minimum Lot Frontage: 45 metres (64 metres proposed); • Minimum Lot Area: 0.4 hectares (0.8 hectares proposed). 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 June 2, 2021 Report No. DS2021-080 Page 13 of 18 Page 146 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... 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: • County of Simcoe Planning Department: no objection. • Development Engineering: no objection. • Operations Division: A 15 metre X 15 metres daylight triangle is required at the SE corner of Line 2 and Craig Sideroad. • Bell Canada: no concerns. • Nottawasaga Valley Conservation Authority: The NVCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial and NVCA policy. Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Applicant's Boundary Adjustment Sketches Conclusion: Development Services June 2, 2021 Report No. DS2021-080 Page 14 of 18 Page 147 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2021-B-21 be approved subject to the conditions outlined in the recommendations, and on the basis that the application: • Represents appropriate and orderly development of the subject properties and is consistent with the consent and land division policies of Section 53 and Section 51(24) of the Planning Act; • The proposed consent is consistent with the applicable policies of PPS 2020 and the Growth Plan for the Greater Golden Horseshoe; • Conforms to the applicable policies of the Simcoe County Official Plan including the Growth Management Strategy and "Greenlands" designation; • Conforms to the applicable policies of the Township of Oro-Medonte Official Plan, including preservation and protection of natural heritage and rural character, development policies for residential lots, and boundary adjustments through the consent process; and • The retained lands will comply to the applicable zoning regulations for the Agricultural/Rural zone. Respectfully submitted: Michael Barton, MCIP, RPP, Township of Oro-Medonte Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services May 31, 2021 Andria Leigh, Director of Development Services May 31, 2021 Development Services June 2, 2021 Report No. DS2021-080 Page 15 of 18 Page 148 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... 521 W3 M 313 2�7 2�d d V5 a 297 237 M Sid? Schedule 1 Location Development Services June 2, 2021 Report No. DS2021-080 Page 16 of 18 Page 149 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... 1t I I J L' J I Schedule 2 Aerial Photo IM SuW1 Lsnft t n*N.3 l fr r it rgr. .t rNias frfr�r Fft HWnW M21,41-3t AV Development Services June 2, 2021 Report No. DS2021-080 Page 17 of 18 Page 150 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... Schedule 3: Applicant's Boundary Adjustment Sketches ® Ima9eM -Go n MNR Registered Managed Forest Boa SEVER �a t; ' RETAIN Residential Residential Simcce County Forest _ Residential Development Services June 2, 2021 Report No. DS2021-080 Page 18 of 18 Page 151 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: May 18, 2021 3:07 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- B-21)Young & Pikulik Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 152 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: May 18, 2021 3:33 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- B-21)Young & Pikulik Teresa Operations will require a 15m x 15m daylight triangle at the SE corner of Line 2 and Craig Sideroad. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 153 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... From: Moyle,Jacqueline<jacqueline.moyle@bell.ca> Sent: May 20, 2021 9:07 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: 705-21-360 RE: Notice of Public Hearing - Development Services Committee Meeting,June 02, 2021 (2021-B-21)Young & Pikulik Hi Teresa, Re: 2021-B-21 Details: • Application for Consent • 363 Scarlett Line • Township of Oro-Medonte • Bell File 705-21-360 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, L4M 3131 P: 705-722-2636 F: 705-726-4600 iacgueline.moyle(cabell.ca Page 154 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... O P`�pSAA. Cq 4,yt x ` Nottawasaga Valley �o Conservation Authority TION A" 24 May 2021 SENT VIA EMAIL Andy Karaiskakis, Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Re: Committee of Adjustment Application File #2021-6-21 363 Scarlett Line (severed); 101 Craig Sideroad (benefitting) LOT 60 CON 2 (former Medonte) Township of Oro-Medonte, County of Simcoe Dear Mr. Karaiskakis, NVCA staff have reviewed the above-noted Application for consent to facilitate a boundary adjustment/lot addition to sever lands from 363 Scarlett Line and merge them with an abutting parcel located at 101 Craig Sideroad. NVCA staff have received and reviewed the following documents submitted with this application: • Applicant's Consent Sketch • Municipal circulation memo dated 18 May 2021 NVCA staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 172/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics Existing mapping indicates that the subject property is regulated due to the Sturgeon River and associated flood and erosion natural hazards. A large unevaluated wetland feature contiguous with the Copeland-Craighurst-Guthrie Complex Provincially Significant Wetland lies to the north of the property known as 363 Scarlett Line, making the proposed severed lands entirely contained within the mapped unevaluated wetland feature. Delegated Responsibility and Statutory Comments: NVCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). 1. The proposed boundary adjustment is located within mapped flood and erosion natural hazards. The proposed boundary adjustment is restrictively zoned Environmental Protection which prohibits future human habitation and development and therefore, the proposal is consistent with Section 3.1 of the PPS. Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1T0 A member of Conservation Ontario T: 705-424-1479 F: 705-424-2115 admin@nvca.on.ca 9 nvca.on.ca Page 155 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... NVCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 172/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables Conservation Authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. 2. Development taking place on the severed lands would require permission from the Conservation Authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. NVCA also regulates the alteration to or interference in any way with a watercourse or wetland. 3. The entirety of the severed lands is mapped as unevaluated wetland feature, where the NVCA's development policies are generally prohibitive of development. 4. A proposed for development has not been disclosed as a result of this application, nor is the property appropriately zoned for development. Advisory Comments - Natural Heritage NVCA has reviewed the applications in accordance with the NVCA memorandum of understanding with the Township of Oro-Medonte to provide plan review on matters of natural heritage. Comments are presented in an advisory capacity as expert peer review. 5. Natural Heritage System: The subject site is contained within the Simcoe County Official Plan designation of Greenlands, which is the applicable Natural Heritage System for the application of land use policies. 6. The subject site is located outside a designated settlement area, and within the applicable Natural Heritage System. As such the policies within the A Place to Grow Act Growth Plan for the Greater Golden Horseshoe apply Plannign Act application made on the subject site. 7. Key Natural Heritage Features: The mapped wetland feature is part of a large continuous patch of forested land which may be a candidate Significant Woodland and may contain Significant Wildlife Habitat. These features would be considered Key Natural Heritage Features for the application of policies within the A Place to Grow Act Growth Plan for the Greater Golden Horseshoe. 8. Key Hydrologic Features: The unevaluated wetland feature is contiguous with the Copeland-Craighurst-Guthrie Complex Provincially Significant Wetland as well as the Sturgeon River which are considered a Key Hydrologic Features for the application of policies within the A Place to Grow Act Growth Plan for the Greater Golden Horseshoe. 9. A proposal for development has not been disclosed as a result of this application, therefore application of the policies is limited in scope and effect. Summary The NVCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial and NVCA policy. Based on the above comments, it is the opinion of the NVCA that: • Consistency with Section 3.1 of the PPS has been demonstrated; Page 156 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... • Ontario Regulation 172/06 applies to the subject site and permission for any development is required from the NVCA prior to any municipal approvals. Thank you for circulating this application and please forward a copy of any decision. Sincerely, Emma Perry Planner III Page 157 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... June 2, 2021 Development Services Committee 6e) Additional correspondence received From: Maggo, Ishan <Ishan.Maggo@simcoe.ca> Sent: May 31, 2021 8:40 AM To: Planning<Planning@oro-medonte.ca>; Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Cc:Amadio, Dan <Dan.Amadio@simcoe.ca> Subject: County Comments_OM-B-2108_363 Scarlett Line & 101 Craig Sideroad_2021-B-21 Good morning, Andy Thank you for circulating the County on a boundary adjustment/lot addition application for 363 Scarlett Line & 101 Craig Sideroad in Township of Oro-Medonte. The application proposes to sever approximately 0.86 ha (2.13 acres)from 363 Scarlett Line to be added to the abutting property at 101 Craig Sideroad. The resulting lot area for 101 Craig Sideroad will be approx.40.0 ha (98.8 acres) and for 363 Scarlett Line will be approx. 0.8 ha (2.0 acres). It is understood that No new lot would be created as a result of the proposed boundary adjustment/lot addition. It is also understood that the subject lands 363 Scarlett Line will continue to be used as residential and 101 Craig Sideroad will continue to remain vacant. Please note that the entirety of the subject lands are designated "Greenlands" on Schedule 5.1 Land Use Designations to the County of Simcoe Official Plan and are partially regulated by the Nottawasaga Valley Conservation Authority(NVCA). NVCA comments may provide direction on the proposed development in relation to environmental constraints on the subject lands. As per County of Simcoe Official Plan section 3.8.15, The following uses may be permitted in the Greenlands designation: i. Agricultural uses, ii. Agriculture-related uses; iii. On farm diversified uses; iv. Forestry on public lands or in County forests in accordance with an approved management plan and sustainable forest practices; V. Forestry on private lands as permitted by the County's Forest Conservation Bylaw or by a local municipality's tree bylaw under the Municipal Act, 2001; vi. Mineral aggregate operations, if approved through a local Official Plan amendment; vii. Outdoor passive recreational uses; and viii. Subject to demonstrating that the lands are not within a prime agricultural area, residential dwelling units on lots which were approved prior to the approval date of this policy (May 9, 2016). Page 158 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... Based on our review and considering that the No new lot is being created and the lands will continue to be used as their current use, the County Planning Department has no objection to the application as proposed. Should you have any questions or require further information, please do not hesitate to contact me. Best regards, Ishan Maggo,AITP I M.Plan Planner II County of Simcoe, Planning Department Phone:(705)726-9300,extension-1157 Email:1shan.Maqqo@sjmcoe.co Web:www.simcoe.ca Page 159 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... 'N-l-auk jzc x m Ira V n 06 'aU11-A2�Je�$ O -O m N O N O _ � w � ry CO Q U � � •o CL J LZ �4_0 (6 � O a) }' (D O � a) 0 0 O (/� CO O a) J a70 4_ O CO � 0) � m a) 0 - � 0 C ) � •� Q o (� � •� A L i CU }' L � � cam � vU a ca V •— w v C� � 0 co a) CM �CU M o o _ N O � � U � � C� Page 160 of 278 6.e) 6.10PM DS2021-080, Michael Barton, Township Planning Consultant re:... 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File #: 4346-010-009-34300 171 Lakeshore Road West D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-084 be received and adopted. 2. That Minor Variance Application 2021-A-35 by Tanya & Selsse Vespera specifically for permission to build a rear porch that encroaches 1.93 metres (6.3 feet) into the required 20.0 metres (65.5 feet) setback from the average high water mark of Lake Simcoe, build a detached accessory building with a reduced front yard setback of 0.91 metres (3.0 feet) and a maximum floor area of 85.1 square metres (916.0 square feet), and permit a maximum lot coverage for all detached accessory buildings of 6.55%, on lands municipally known as 171 Lakeshore Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-084. 3. The conditions are as follows: a) That notwithstanding Section 5.9.1, Section 5.1 .3 (a), Section 5.1.6 and Section 5.1 .5, the proposed single detached dwelling and detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling and detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee, c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; e) That, if required, an Ontario Land Surveyor verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the rear porch is located no closer than 18.07 metres from the Development Services June 2, 2021 Report No. DS2021-084 Page 1 of 17 Page 170 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... average high water mark of Lake Simcoe (219.15 m G.S.0 Datum), the single detached dwelling is located no closer than 3.0 metres from the interior side lot lines, and that the detached accessory building is located no closer than 2.0 metres from the interior side lot line and no closer than 0.91 metres from the front lot line; f) That the applicants maintain the existing vegetative buffer on the front and interior property lines, or replace with a similar vegetative buffer; and, g) 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. Background: The subject property has a lot area of 0.13 hectares (0.33 acres) and the single detached dwelling, accessory building and boathouse were demolished, as the property currently sits vacant. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. This property was subject to a previous Minor Variance application (2020-A-62). On December 2nd, 2020, Development Services Committee granted approval of four of the requested variances and denied the other three variances. Specifically, Development Services Comment denied the following variances: • Increase the maximum permitted encroachment for a carport attached to a single detached dwelling from a 1 .0 metre (3.2 feet) encroachment to a 2.81 metres (9.2 feet) encroachment into the required 3.0 metres (9.8 feet) interior side yard setback; • Reduce the front yard setback from 7.5 metres (24.6 feet) to 0.61 metres (2.0 feet) for the proposed detached accessory building; and, • Reduce the interior side yard setback for a driveway accessing a single detached dwelling from 3.0 metres (9.8 feet) to 0.6 metres (1.97 feet). Development Services Committee approved the following variances: • Increase the maximum permitted encroachment for a porch from a 0 metre encroachment to a 4.97 metres (16.3 feet) encroachment into the required 20.0 metres (65.5 feet) setback from the average high water mark of Lake Simcoe; • Increase the maximum floor area for the proposed detached accessory building from 70.0 square metres (753.5 square feet) to 82.0 square metres (882.7 square feet); • Reduce the front yard setback from 7.5 metres (24.6 feet) to 0.91 metres (3.0 feet) for the proposed detached accessory building; and, • Increase the maximum lot coverage of all detached accessory buildings on a lot from 5% to 6.2%; and, Development Services June 2, 2021 Report No. DS2021-084 Page 2 of 17 Page 171 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... The approval of four of the variances was appealed to the Local Planning Appeal Tribunal (LPAT) by the abutting neighbours and the case remains open. The applicants have submitted another Minor Variance application to build the proposed single detached dwelling, detached accessory building and boathouse. The boathouse was not included in this Minor Variance application as it complies with all the zoning provisions set out in Section 5.6 of the Township's Zoning By-law. The applicants are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 5.9.1 — Encroachments in required yards Required: Proposed: No unenclosed porches are permitted to Rear porch is proposed to encroach encroach into the setback area from the 1 .93 metres (6.3 feet) into the required average high water mark of 20.0 metres 20.0 metres (65.5 feet) setback from the 65.5 feet from Lake Simcoe. average high water mark of Lake Simcoe. Section 5.1 .3 a — Front yard setback for a detached accessory building (garage) Required. Proposed: 7.5 metres 24.6 feet 0.91 metres 3.0 feet Section 5.1.6 — Maximum floor area for a detached accessory building (garage) Required. Proposed: 70.0 square metres (753.5 square feet) 185.1 square metres (916.0 square feet) Section 5.1.5 — Maximum lot coverage for all detached accessory buildings on a lot Required. Proposed: 5% 6.55% The applicants' site plan, elevation drawings and renderings are included as Schedules 3, 4 and 5 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development will not impact any natural features or functions. Development Services June 2, 2021 Report No. DS2021-084 Page 3 of 17 Page 172 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed single detached dwelling and accessory building are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the application and indicated that they are satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazards policies of the PPS, and in conformity with the LSPP. They recommended that any approval of this application should be subject to the condition that the owner obtain a permit from LSRCA for works within the regulated area (included as condition 3(c) in the Recommendations section above). The LSRCA's full comments are included as Schedule 6 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 single detached dwelling and detached accessory building are consistent with the County's Official Plan as they are the replacement a permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) Development Services June 2, 2021 Report No. DS2021-084 Page 4 of 17 Page 173 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain 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. • To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings and by extension accessory uses, including boathouses and detached accessory buildings. The proposed variances maintain the general intent and purpose of the Official Plan as the applicants are proposing to build a new single detached dwelling and accessory building which are permitted uses in the Shoreline Designation. Do the variances maintain 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. The applicants are proposing to build a new single detached dwelling and detached accessory building, and are seeking relief from the Zoning By-law to: • Increase the maximum permitted encroachment for a porch from a 0 metre encroachment to a 1.93 metres (6.3 feet) encroachment into the required 20.0 metres (65.5 feet) setback from the average high water mark of Lake Simcoe; • Reduce the front yard setback from 7.5 metres (24.6 feet) to 0.91 metres (3.0 feet) for the proposed detached accessory building; • Increase the maximum floor area for the proposed detached accessory building from 70.0 square metres (753.5 square feet) to 85.1 square metres (916.0 square feet); and, • Increase the maximum lot coverage of all detached accessory buildings on a lot from 5% to 6.55%. As per Section 5.9.1 of the Township's Zoning By-law, unenclosed porches are not permitted to encroach into the required 20.0 metres (65.6 feet) setback from the average high water mark of Lake Simcoe (219.15 m G.S.0 Datum). The applicants have requested a variance to encroach 1.93 metres (6.3 feet) into the required 20.0 metres (65.5 feet) setback, which results in a setback of 18.07 metres (59.3 feet) from the average high water mark. The Township's Zoning By-law prohibits buildings and structures within 20.0 metres (65.6 feet) of the average high water mark of Lake Simcoe to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. In this regard, the LSRCA did not express any concerns with the reduced setback to the average high water mark; Development Services June 2, 2021 Report No. DS2021-084 Page 5 of 17 Page 174 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... however, they indicated that the development will be subject to a LSRCA permit prior to any site alteration or development. Properties that abut Lake Simcoe are permitted to have a detached accessory building in the front yard provided that it is set back a minimum distance of 7.5 metres (24.6 feet) from the front lot line. The Zoning By-law's requirement for a minimum front yard setback of 7.5 metres serves to achieve relatively large landscaped front yards which contribute to the low-density residential character of the area, as well as to ensure there is adequate space in which to provide off-street parking spaces on private property in front of dwellings and garages. The applicants are proposing a front yard setback of 0.91 metres (3.0 feet). The garage doors will face towards the middle of the property, therefore, off street parking will not be a concern. The Operations Department indicated that they have no concerns with the application. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. The applicants are proposing to build a one storey detached accessory building with an increased floor area from 70.0 square metres (753.5 square feet) to 85.1 square metres (916.0 square feet) and an increased maximum lot coverage from 5% to 6.55%. In Planning Staff opinion, the requested increase in floor area and the requested increase in lot coverage are minimal. The garage at 85.1 square metres (916.0 square feet) remains smaller and subordinate to the proposed dwelling at 185.6 square metres (1 ,998.0 square feet). Based on the above, Planning Staff is satisfied that the proposed single detached dwelling and detached accessory building would maintain the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff noted that the increased maximum floor area for the detached accessory building and the increased maximum lot coverage for all detached accessory buildings on a lot is not out of character for the area as the owners at 152 Lakeshore Road West obtained a variance for maximum floor area of 120.8 square metres (1 ,300 square feet) and a maximum lot coverage of 9.5 % (Minor Variance 2020-A-45). Furthermore, the proposed reduced setback to the average high water mark of Lake Simcoe is also not out of character for the area as the owners at 111 Lakeshore Road West obtained a variance for a reduced setback of 17.5 metres from the average high water mark of Lake Simcoe for the single detached dwelling (Minor Variance 2013-A-52). The proposed 0.91 metres (3.0 feet) front yard setback for the detached accessory building would result in the garage being built immediately adjacent to the existing cedar hedge that screens the property from view for anyone walking or driving along Lakeshore Road West. A number of the properties which front on Lake Simcoe along this section of Lakeshore Road West have large cedar hedges which serve as a vegetative buffer that reduce the visual impact of any development, including front yard Development Services June 2, 2021 Report No. DS2021-084 Page 6 of 17 Page 175 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... accessory buildings, on these lots. In order to maintain the existing character of the neighbourhood, Planning Staff recommend that as a condition of the minor variance the applicants maintain and preserve the existing vegetative buffer along the front and interior side lot lines, or replace with a similar vegetative buffer if destroyed to ensure that the buildings remain screened from view from the road and neighbouring properties. Prior to issuance of a Building Permit for each building, the owners 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 buildings 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 for the appropriate 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 shoreline residential character of the lot. As these variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend 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 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: Development Services June 2, 2021 Report No. DS2021-084 Page 7 of 17 Page 176 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... • 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 of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. An Engineered Lot Grading Plan (that can accommodate both Building if desired) shall be submitted at the time of Application(s) for a Building Permit(s). • Township Infrastructure and Capital Projects — No objections. • Lake Simcoe Region Conservation Authority — See Schedule 6 Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Applicant's Dwelling Elevations Schedule 5: Garage Renderings Schedule 6: Lake Simcoe Region Conservation Authority Comments Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-35 be approved, specifically to permit construction of a rear porch that encroaches 1.93 metres (6.3 feet) into the required 20.0 metres (65.5 feet) setback from the average high water mark of Lake Simcoe, build a detached accessory building with a reduced front yard setback of 0.91 metres (3.0 feet) and a maximum floor area of 85.1 square metres (916.0 feet), and permit a maximum lot coverage for all detached accessory buildings of 6.55%, on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Development Services June 2, 2021 Report No. DS2021-084 Page 8 of 17 Page 177 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... Respectfully submitted: Catherine McLean, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services May 26, 2021 Andria Leigh, Director Development Services May 26, 2021 Development Services June 2, 2021 Report No. DS2021-084 Page 9 of 17 Page 178 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... Schedule 1: Location Map 44 43 11 46 _Moo�sea� an. 47 H a.���J•�.��e,.ad. � Coventry Ct. 40 m 50 5 7 3 1 a9s 62 46 { 54 52 SO 46 54 58 z 60 58 0 m - 56 e1S Blvd ghelsw 47 51 49 59 57 55 53 80 61 146 1075 154 152 150 148 156 63 158 64 151 1073 166 168 W 170 �keshore d 155 153 159 157 172 155 163 161 174 169 167 7-1 175 173 177 179 181 183 185 187 Lake Simcoe Schedule 1 Location lownshipo)f ®Subject Lands 0,� f Proud Heritage,Exciting Future 0 100 IT File Number:2021-A-35 N I I i i I Development Services June 2, 2021 Report No. DS2021-084 Page 10 of 17 Page 179 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... Schedule 2: Aerial Photo - r ... t0 Hareeehj�..,erHd.._ - R �a Shore R. W �I '1/udge RO9d V y'. 1 1 ['9 Schedule 2 Aerial Photo ,ow, hiof— Subject Lands Proud Heritage,Exciting Future 0 20 m File Number:2021-A-35 N I I I I 1 Development Services June 2, 2021 Report No. DS2021-084 Page 11 of 17 Page 180 of 278 6J) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... Schedule 3: Applicants' Site Plan LAKESHORE ROAD WEST 3 22.81 zzz.DD v .�.7", 221.2re SZZ2.1 z.oam (PC x P PC6E� RENCVEC) N 4EWAY FLTCHE '.GAARA PIZA 5k R GE S.A9:222.70''a IPO BE REM",- ' 3 T.9Jm ca F 5. x `c -___ _ ________ a----- i o i 9 3 E.uCm � SILT FENCE TO ' 19Gm2 OM STD 3.6 -01 LOADING 13x3.5m i '.AREA k� ELGIN 1 221.20 SYSTEM I SCBm 1 x I I 6 _______ -------—____ J u 221.35 N _-3-_ — u.5gm ar A 257E - I PMECH P r�, 2 .35 ® AT NN f r f1 w�wv 3.a,m 16,A]M PHCPOSm BIVELLINO n FF:222,a5 21 .45 j C0,9E , a "M jn- 219.40 I x22.xe L----- , EX.CWAR 220.55 HEDGE TO REMAIN IN ., EX.CEDAR PLACE3 HEDGE TO REMAIN IN o PLACE 3 220. PR m SCAT SAJ��i 3 n x -3 rasl 0.39 pq�p 219 S,IIIE WAtL R 418.19 TImmw SILT REPLACE M MaOB 20-17 CURT"TR O M RETAIN BeG'MAIL YETN SHEET �20.05 21CM STEEL E EVATON AND LCCATICN i0 MATCH EXISTING c/r BBMWEAS t N THE L �PBR AP= PIN" LAKE SIMCOE Schedule 3 Applicant's Site Plan 0 T h, File Number 2021-A-35 Proud Heritage,ExritfEl,4 FNa.1re Development Services June 2, 2021 Report No. DS2021-084 Page 12 of 17 Page 181 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... Schedule 4: Applicant's Dwelling Elevations Ir.- j I is I F' I, � I � I I i I I �I I I- �I �I I I �I I .I I �I I Schedule 4 Applicant's Dwelling Elevations . Tauwrsh�p v�j� �/ File Number2021-A-35 Proud Heritage,Exciting Future Development Services June 2, 2021 Report No. DS2021-084 Page 13 of 17 Page 182 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... Schedule 5: Garage Renderings _ Ir - °a Schedule 5 Applicant's Garage Renderings Taums&p v& e/ File Number2021-A-35 Proud Heritage,Exciting Future Development Services June 2, 2021 Report No. DS2021-084 Page 14 of 17 Page 183 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... Schedule 6: Lake Simcoe Region Conservation Authority Comments Lake 5imooe l ion cons�r-vatief7 authcr(.r W'A"A'.Lars:.:.,:;..on-C3 Sent by E-mail:akoroiskokis@vro-rnedDnte.cn May 25,2020 File Nc.: 21,121-A-35 I',15 =ile No.: VA-132218-111320 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte,ON LOL 2EO Dear Mrs-Karaiskakis: Re: Minor Variance Application 171 Lakeshore Road West Township of Oro-Medonte LSRCA staff have reviewed the above-noted Appli€ation for Minor Varian€e to facilitate the construction of a new single detached dwelling,detached accessory building(garage)and boathouse-LSRCA reviewed the previousminorvarian€e(2020-A-62)which is currently un der appeaI with the Local PlannirfgAppeaITribanai (LPAT). Documents Received and Reviewed by Staff Staff have received and reviewed the fallowing documents submitted with this application: ' Applicants 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 179106- 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 dare 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(5R)Zone- 120 Bayview Parkway T 905.895,1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario TF 1-800.465,0437 Development Services June 2, 2021 Report No. DS2021-084 Page 15 of 17 Page 184 of 278 6.f) 6.2OPM DS2O21-084 Catherine McLean, Intermediate Planner re: Minor ... Lake Simcoe Region Page 2 of 3 Delegated Responsibility and Statutory Comments: cLldwvif!'1 W!(�'!y D L6RCA H4F'.l9LI aW,IwT 13 Lsm www w"9-v 'rrF r� — r c ,a......m N� W L.PKLA H7L'n L7 W Cer'Liv*ko F4.w Labor !:yl Raw$ r vER.iht !'N attn lMp FYtwv 0 Lp v Tip am,*** �MlOf Et k tr1;Q[{20 vwrry.. .w.r.4ww w�iewi..r...ww..w s ier�r.e ir..�iai.far{iim1 Yi9'! F62*1 Ali _ MlOn.e 41 21 +fl 1_ LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The proposed new dwelling,accessory building and boathouse will be located within the shoreline hazard lands. The residential use of the lot is existing.The residential use will not change. LSRCA is satisfied that the proposal is consistent with Section 3.1 of the PPS and in conformity with the shoreline policies of the Lake Simcoe Protection Plan (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 Authorives 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 Development Services June 2, 2021 Report No. DS2021-084 Page 16 of 17 Page 185 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re: Minor ... LakeSimcok R+?gi«u canser..a .; .:uJ-.,-:.. Page 3 of 3 beaches, pollution or the aanservation of land are nct affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland- The site is partially within a regulated area and the proposed works appear be within the regulated portion which will require a permit. Summary LSRC.A,is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS,,and in conformity with the LSPP. The works will require a permit from LSRCA_ On this basis,any approval of this application should be subject to the fc+ilo%ving conditions: 1_ The turner shall obtain a permit for works within the regulated area. Please advise our office of any decision made with regard to this matter_ Sincerely, Shawn Filson Planner 1 Development Services June 2, 2021 Report No. DS2021-084 Page 17 of 17 Page 186 of 278 6J) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: May 18, 2021 3:18 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- A-35)Vespera Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (that can accommodate both Buildings if desired) shall be submitted at the time of Application(s) for a Building Permit(s). Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 187 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re. Minor ... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: May 18, 2021 3:47 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- A-35)Vespera Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 188 of 278 6J) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re: Minor ... Lake Silmcoe Region conservation authority www.LSRCA.on.ca Sent by E-mail:akaraiskakis@oro-medonte.ca May 25, 2020 File No: 2021-A-35 IMS File No.: VA-137218-111320 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mrs. Karaiskakis: Re: Minor Variance Application 171 Lakeshore Road West Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of a new single detached dwelling, detached accessory building (garage) and boathouse. LSRCA reviewed the previous minor variance (2020-A-62) which is currently under appeal with the Local Planning Appeal Tribunal (LPAT). 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 189 o-fF278.800.465.0437 6J) 6.20PM DS2021-084 Catherine McLean, Intermediate PIWipie (mmoor ... conservation authority Page 2of3 Delegated Responsibility and Statutory Comments: Features Cake Simcoe Region Conservation aoihonty LJ LSRCA Watershed Boundary 0 LSPP Watershed Boundary Regulation Boundary 83.FiW NC � 1a1 LAKE5 WDRERC+ Regulation Area Y Assessment Parcel Y 163 CAKES FK7 RAW I J Lot and concession `$+'S Road Labels 64ELWN CRE5 ttS LAKIE5HDliERO — Watercourse Roads +{s • �' t$7 Y.AKE5 M(]RERD..W aipnyrak Anerraly .� C®I Ruatl Rahway Lower Tier Munlcip2llty !$'G IFKE�.H diC Rb YY nf. f71 CAKE5H0FtEiRDYM 1 T?LAKEsHORE RD W 7 rnna w, tii 1912020 ` IA KFS k ORF RD W ra6a m.e_��- A-&"-W an wR.oa ar ,'..f awr rnn..sosse+an rm�wwn.rmr avp.+tw .rr r.m•+r4�w rvr.ra aarmcpry - aAn Abram Tlw n.v al taaan/�aa•ywwb WwaW OIMr�w 1om.0Yq MAOG[IfOCM 77 LAKESHORERo W crrv+*wr eurrprr'w•p.rl rrer rrrn..o.rn. �r asrr w� a�a•.�`vwrar�ir`r ayeasar r.��,zan mo...r•rs i,.a w rwrry r.aw w rn.r Kra�u.rw aarr. o.nlrar•ar.r one.ausrmar.�r+-ar.s aarm •r ea.arr,K Scale 1: 811 motors 41 D 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). The proposed new dwelling, accessory building and boathouse will be located within the shoreline hazard lands. The residential use of the lot is existing.The residential use will not change. LSRCA is satisfied that the proposal is consistent with Section 3.1 of the PPS and in conformity with the shoreline policies of the Lake Simcoe Protection Plan (LSPP). 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic Page 190 of 278 6J) 6.20PM DS2021-084 Catherine McLean, Intermediate PIWe*mv(M !nor ... 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 site is partially within a regulated area and the proposed works appear to be within the regulated portion which will require a permit. Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with the LSPP. The works will require a permit from LSRCA. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner shall obtain a permit for works within the regulated area. Please advise our office of any decision made with regard to this matter. Sincerely, I Shawn Filson Planner 1 Page 191 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re: Minor ... 4010 z� 1Y d N W Y O a J ' n EIvYn Cres. w r ' Y� M Q N O •gg sui-I N \^ J i lu Ul U can .� ry Q ca O U � a) o a) a) a) Cu � a V •� U) j OL- . . . . •� � 0 c�a can 7 U) a o • • ca •— N O U Page 192 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re: Minor ... 4010� O / 1Y L— O W ca � U O 0 a) O ca . . 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Minor ... 44-10 1Y cu Ai nVJ 3 r W � °s d � J CO O O Cu U CZ CZ Q N U Cu .L— Cu O • • o a L Q Page 194 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re- Minor ... 4*0 t un�n T= �� TCCQ n 3SOSc W. 7MLO ....._......-. _�� _ .1 9.15 'h q C �ub lumen I.. '>yy 0 C,r) ...... u. 5-1 y..... L w1 �a O Cu U CL CL Q N U Cu . . Cu M > a O '— c� v CL CL Q Page 195 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re: Minor ... 4010 3 °+ p N � N I C �I u) U � C6 � O > > O _ W .� U) 7 ca t� CL CL Q Page 196 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re- Minor ... 4010 :u ifl4� o x : 00, FLJ CL CL I , N O C� U L u U � 1 Page 197 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re: Minor ... 1 cu a � , Q Q 0) O _0 � o M Cu Q o � J r N O N C O Cu U Q U o 0) o 70 cu Cu o O O cn � O O G (U U r` J Page 198 of 278 6.f) 6.20PM DS2021-084 Catherine McLean, Intermediate Planner re- Minor ... 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File #: 4346-010-010-26200 by Senti Rasa and Rose Hanoman D10 59347 4346-010-010-26100 Jhagroo D13 24 & 28 Owen Road Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2021-082 be received and adopted. 2. That Consent Application 2021-13-19 and Minor Variance Application 2021-A-31 to permit a technical severance, to re-create two (2) original parcels which merged in common ownership being 24 and 28 Owen Road, Township of Oro-Medonte, be deferred to provide the applicant the opportunity to provide the Township with a legal opinion as to which mechanism under the Planning Act is more appropriate for proceeding with the proposed development. 3. 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 2021-13-19 and related Minor Variance Application 2021-A-31 which proposes a technical severance to re-create two (2) original parcels which merged in common ownership being 24 and 28 Owen Road currently owned by Senti Rasa and Rose Hanoman Jhagroo. The subject lands (24 and 28 Owen Road) were originally two (2) lots but have merged in common ownership. 24 Owen Road is located on the north side of Owen Road and has a lot area of approximately 0.03 hectares (0.08 acres) and is currently vacant. 28 Owen Road is located at the north-west corner of the intersection of Owen Road and Charlotte Avenue, has a lot area of approximately 0.059 hectares (0.14 acres) and currently supports a single detached dwelling and a garden shed. Surrounding land uses consist of low-density residential uses, Development Services June 2, 2021 Report No. DS2021-082 Page 1 of 7 Page 203 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re: Consent Appl... predominantly in the form of single detached dwellings. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Analysis: According to the land transfers provided by the applicants in support of these applications, the lands that are the subject to this technical severance (the lot to be re-created), 24 Owen Road, were the result of a conveyance that occurred when the previous owners (Dennis & Gloria Coville) purchased this property on January 8, 2014. At the time of this transfer, the adjoining property (28 Owen Road) was also owned by Mr. and Mrs. Coville. Usually, the issue of who owns the adjoining lot would not be an issue as the lots comprising the transfer in January 2014 were `whole lots on a plan of subdivision.' However, when reviewing the subject applications, Planning Staff have discovered that on October 1 , 1997, the Township passed By-law No. 97-71 deeming Registered Plan 626 not to be a registered plan of subdivision. It is not known by Planning Staff at this time whether it was the intent of Mr. and Mrs. Coville to maintain 24 and 28 Owen Road as separate lots or if the Deeming By-law was known to them in order to create one large consolidated parcel. The applicants are requesting the Township to consider approving a technical severance to re- create 24 and 28 Owen Road which merged in common ownership. Planning Staff have requested the applicant's solicitor to provide additional legal background and an opinion as to whether this proposal should proceed as a technical severance or a Validation of Title. Validation of Title is a mechanism that 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. Upon receipt of the solicitor's opinion letter, Planning Staff may require the Township's solicitor to review the opinion letter and provide advice on how Planning Staff may proceed with processing the applicant's proposal. Until such time as this opinion is received and reviewed, Planning Staff are recommending deferral of these applications. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan Development Services June 2, 2021 Report No. DS2021-082 Page 2 of 7 Page 204 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re: Consent Appl... • 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: • Development Engineering — No objection. An Engineered Lot Grading Plan shall be submitted at the time of application for a building permit. • Operations Division — Operations will require a 5.Om x 5.Om daylight triangle at the corner of Owen and Charlotte. • Building Services — Septic design to reduce the setback to 2.5 metres from distribution piping to the foundation of the house is acceptable if: a tertiary treatment system is proposed; no building floor area below grade; no required drainage system (weeping tile) around building; and no landscaping onto tile bed area. This would allow an acceptable size of development. These design provisions are required to be stamped by an engineer. • Bell Canada — No concerns. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch/Site Plan 24 Owen Road Conclusion: It is recommended that Consent Application 2021-B-19 and Minor Variance Application 2021- A-31 to permit a technical severance, to re-create two (2) original parcels which merged in common ownership being 24 and 28 Owen Road, Township of Oro-Medonte, be deferred to provide the applicant the opportunity to provide the Township with a legal opinion as to which mechanism under the Planning Act is more appropriate for proceeding with the proposed development. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Development Services June 2, 2021 Report No. DS2021-082 Page 3 of 7 Page 205 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re: Consent Appl... Approvals: Date: Derek Witlib, Manager Planning Services May 28, 2021 Andria Leigh, Director Development Services May 28, 2021 Development Services June 2, 2021 Report No. DS2021-082 Page 4 of 7 Page 206 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re- Consent Appl... -,1agerrzaT 23 16 15 H¢rsesli¢e•Yal rA- 5 20 19 I � 16 dld•6.p •Ra lime r - �� 1 I p� N " a -+rt„dg¢ 4° 22 21 27 O U 24 210 12 2 14 16 26 20 Myrtle Ave. 24 28 3q 7 11 o We 23 h Rqr 36 9 �ta�,ey Pie, � 25 6 4 27 29 31 33 tA, © 7 N, 75 g � 9 t A de 73 e�2 t�� aKeOetee Lake 71 \' Simcoe Schedule 1 Location Inrf ff ® Subject Lands Proud Heritage,Exciting Future 0 50 M File Number:2021-6-19 8 2021-A-31 '• 1 r L Development Services June 2, 2021 Report No. DS2021-082 Page 5 of 7 Page 207 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re: Consent Appl... dia-s C V� - �r Myrtle Ave. as Q 0 r V Open Rd Schedule 2 _ Aerial Photo Subject Lands Proud Heritage,Exciting Future 0 15 m File Number:2021-B-19&2021-A-31 4 Ili 1 Development Services June 2, 2021 Report No. DS2021-082 Page 6 of 7 Page 208 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re: Consent Appl... {----------------- ------- ff j a I {ff ff I 9 aL l ' ! f � 1 < f $,gyp 4-------{-------------- __j I f _K%k / I f � I i I 8 1 I r � 1 I I r I h ++ r I i � I � r I f J A7 l I ------------- -------------------J , Schedule 3 Applicant's Consent Sketch./Site Plan - (24 Owen Road) File Number 2021-B-1B&2(121-A-31 Prellr{f Hrrir+u?e,Exe1Nke FurNrr Development Services June 2, 2021 Report No. DS2021-082 Page 7 of 7 Page 209 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re. Consent Appl... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: May 18, 2021 3:12 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- B-19 & 2021-A-31) Rasa & Hanoman Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be submitted at the time of Application for a Building Permit. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 210 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re: Consent Appl... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: May 18, 2021 3:40 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 02, 2021 (2021- B-19 & 2021-A-31) Rasa & Hanoman Teresa Operations will require a 5.0m x5.0m daylight triangle at the corner of Owen and Charlotte. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 211 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re. Consent Appl... From: Moyle,Jacqueline<jacqueline.moyle@bell.ca> Sent: May 20, 2021 9:07 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: 705-21-359 RE: Notice of Public Hearing - Development Services Committee Meeting,June 02, 2021 (2021-B-19 & 2021-A-31) Rasa & Hanoman Hi Teresa, Re: 2021-B-19 Details: • Application for Consent • 24 & 28 Owen Road • Township of Oro-Medonte • Bell File 705-21-359 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 212 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re: Consent Appl... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent: May 27, 2021 7:55 AM To: Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Subject: RE: Consent & Minor Variance Applications 2021-13-19 & 2021-A-31 - 24& 28 Owen Road Good morning Andy, Yes, I am good with those comments. Those design provisions are also required to be stamped by the engineer (that was discussed over the phone) The exemption to 2.5 metres is a clearance acceptance that has been accepted a number of times in the past for structures constructed on slabs on grade (without conditioned space below ground). I see no reason why this can't be acceptable with the proper design. They will have to use every square inch of space carefully! Garry McCartney Chief Building Official Township of Oro-Medonte Page 213 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re. Consent Appl... Mike Coates From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: April 26, 2021 3:46 PM To: mike.coates@avantiengineering.ca Cc: Moore, Sherri Subject: RE: 24 Owen advice Hey Mike, Based on chat on Friday and the following, I think it would be acceptable to reduce the setback to 2.5 metres from distribution piping to the foundation of the house if; 1 . A tertiary treatment system is proposed. 2. No building floor area below grade. (this would allow either a foundation frost wall with slab, or an engineered slab, crawlspace or basement would not be acceptable) 3. No required drainage system(weeping tile) around building 4. No landscaping onto tile bed area. think this would allow an acceptable size of development. I have included Sherri Moore, our Septic Inspector in on the email so that she is up to speed. Hopefully that will give you some parameters to complete the design. Stay well, Garry McCartney, CBCO Chief Building Official 705.487.2171x2115 Township of Oro-Medonte P: (705)487-2171 04404 F: (705) 487-0133 4_4 T r }�. 148 Line 7 South jrc{ � jI Oro-Medonte, ON LOL2E0 Pro:id Heritage,Exritiag Future www.oro-medonte.ea Notice of Collection/Use/Disclosure: All information about municipal services is collected in accordance with the Municipal Act, 2001, under s.8 and for Council's purposes under s.239(1) and may be used in Council deliberations, and disclosed in full, including email, names, opinions and addresses to other persons requesting access to records, or as part of a public agenda. All information submitted to the municipality is subject to the Municipal Freedom of Information Act (MFIPPA). Questions about this notice of collection should be directed to the Clerk's Office (705) 487-2171. Please consider the environment before printing this email. This e-mail may contain PRIVILEGED AND CONFIDENTIAL INFORMATION and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, please notify the sender by e-mail. Further, you should not copy, disclose, or distribute this e-mail or its contents to any other person and any such actions are unlawful.This e-mail may contain viruses.The Township of Oro-Medonte has taken every reasonable precaution to minimize this risk, but is not liable for any damage you may sustain as a result of any 1 Page 214 of 278 6.g) 6.30PM DS2021-082 Andy 6g) Additional correspondence received From: lil_peter@rogers.com <lil_peter@rogers.com> Sent: May 31, 2021 4:38 PM To: Planning<Planning@oro-medonte.ca> Cc: lil and peter sent email <lil.peter.sent@gmail.com> Subject: 24 and 28 Owen Road lot re-creation Application and Minor Variance 2021-13-19 & 2021-A-31 Importance: High Dear Madam/Sir; I am writing this letter in response to the notice of application of Consent Application for recreation of a residential lot that was merged in common ownership of 24 Owen Road, 2021-13-19 and Minor Variance Application 2021-A-31. I am unable to attend the June 2 public hearing and have no one that I can send in my place. I am part owner of 29 Owen Rd just to the south of the subject lands. We also have been the recipients of merged lots and have chosen not to fight it but support it a it is the right thing to do for this changing neighbourhood as it becomes more permanent residences. People want to protect their most important investment and creating a new lot with less than 3700 square feet is something that should never be entertained as it sets a very bad president for many aspects of this neighborhood. I would feel different about the some of the setbacks if it was to increase the size or shape of the existing residence on 28 Owen Rd but not to shoehorn in a new home with inadequate land to support what and how a typical house hold lives in this area.. Regarding the Application for Consent 2021-B-31. 1) 1 am in agreement with the application to adjust the side Yard frontage to 3.9 ft if the variance is only applied to the West side of the lot as shown but not for the east side of the lot as I believe the requirement for 9.8 ft is excessive for smaller existing lots. 2) 1 am not in favour of decreasing the rear frontage to 9.8 ft from the require 24.6 ft as this leaves virtually no rear yard, essential for healthy safe play area for kids and pets. a. I fear that the lack of rear yard and no free driveway space would force pets and children to play on the road which would create a safety hazard for both for the residents and unsuspecting drivers. Regarding the Application for Consent 2021-B-19. I am not in favour of giving Consent to recreating a residential lot that merged in Common Ownership for the following reasons: 1) Twenty Nine Owen road is a combination (amalgamation) of one lot and part of another lot to make the lots more in keeping with todays standards and health permits. 2) The lot size of both remaining lots are "too small" with respect to septic and well loading and the townships own policies for creating new lots. Lot 24 is less than 20%of what is required to create a new lot so this is to far of a stretch to be realistic request. 3) The township started merging lots in common ownership creating larger lots that could properly support well and septic within safe guidelines as this area started changing from part time cottages to full time residences. Page 215 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re: Consent Appl... a. This proposal goes 180° in reverse of that policy which sets a bad precedent for all financially motivated merged lot owners, us included to follow suite and most of us have larger lots to begin with that this proposal. 4) It appears that the only sound rational for the proposal is financial which ignores the impact on health and the community 5) The new 59 x 62 foot lot will increase density to that of a townhome even without the health permit considerations and will lower the aesthetics, safety and value of neighbouring homes 6) Creation of a new 59 x 62 foot lot with no back yard is not only lowering the average home value in the community it is a huge impact on the neighborhood and safety of pets and children as activities spill over to the street in lieu of a non existent back yard and no driveway space (limited to 2 parking spaces). 7) There is a real safety concern with fire prevention of neighbouring homes.This precedent gives them the ability to overbuild on a small lot and build on top of the property line so privacy and fires safety are actually impacted to a future unsuspecting owner of the severed home on the property. It is unfair that they have a say representing the permanent home that is being severed as they own both but the new purchaser will not be able to vote "no "which any new homeowner certainly will. We must protect the neighbourhood from getting smaller and smaller lots so all the related issues and parameters remain in a safe range. 8) As our wells draw from the same ground that all these septic systems discharge their sewage into additional loading will challenge existing properties water quality 9) With literally no driveway besides the 2 parking spots it is expected they will be parking overflow parking and all their guests on the already narrow road immediately around a sharp almost blind corner which affects many neighbours and is a real safety concern. Please no dot support this severance. 10) IT is assumed that the septic field is the area of the sand mantle but there is no indication where the well will be located to ensure it is not challenging neighbors or the health guidelines for safe drinking water. 11) The lands to be retained (28 Owen Road) is not drawn in to allow readers to assess the proximity of its well, septic system, privacy and fire code considerations. I suspect it will be a great departure from the norm of Simcoe Side subdivision. 12) 28 Own road already has a challenged and compromised septic system as their laundry bypasses their septic and frees freely into the ditches (presence of suds weekly).Adding another septic within mere meters of this one is unreasonable request and goes in an unsafe health direction. 13) In order to build a modest sized house on this lot all of the prescribed offsets have to be reduced by more than 50%, leaving relatively no rear yard (9.8 ft) which is not in keeping with the surrounding lots. I do not consider this minor variances but rather a major deviation from normal considerations (setbacks) and bylaws. In summary I request that the Township of Oro-Medonte not consent to the re-creation of a residential lot at 24 Owen Rd. Should consent be granted I believe that a rear yard setback of at least 20 ft should be maintained. I respectfully ask The Township of Oro-Medonte to keep the precedent of stopping creation of small lots and only support variances for reduced setbacks for existing homes or for existing lots. Peter Grammelhofer 29 Owen Rd Page 216 of 278 6.g) 6:30PM DS2021-082 Andy Karai k s2 n�&VI[$Wt 6g) Additional correspondence received From: Kuehn, Lillian (Markham) <Lillian.Kuehn@sgs.com> Sent:June 1, 2021 2:46 PM To: Planning<Planning@oro-medonte.ca> Subject: Response to Consent Application and Minor Variance 2021-B-19 and 2021-A-31 Hello, I am writing this letter in response to the notice of application of Consent 2021-B-19 and Minor Variance Application 2021-A-31 I am the owner of 27 Owen Rd and part owner of 29 Owen Rd. 2021-B-19 I would first like to address the Application for Consent 2021-B-19. I am not in favour of giving Consent to recreating a residential lot that merged in Common Ownership for the following reasons: 1. The lot size that would be recreated (24 Owen Rd)would be a very small lot. When the township started merging lots in common ownership this decision started creating larger lots that could properly support well and septic within safe guidelines. As the area is now becoming increasingly an area of permanent residences, this is becoming increasingly important. a. When the Township started combining lots many people had their lots combined. 27 Owen Rd was a combination of lot 99, 41 and 41. The residents at the time accepted this practice in exchange for a nicer neighborhood. To reverse this would be to take a step back. b. Allowing this lot to separate would create a dangerous precedence in the area. Based on the rising property values I suspect that many residents would apply to have their lots severed to create smaller lots that could be sold for greater financial gain. c. The few existing tiny lots are in my opinion problematic as the overall housing density is too tight. Due to the lack of driveway space in these small lots, parking overflows frequently onto the already narrow road way. Proximity to noise is also an ongoing frustration. d. The proposed lot at 24 Owen Rd would only be 16%of the zoned lot size. It does not even come close to the required lot size. If the lot was a reasonable size then perhaps my opinion would be different. e. The drawing does not indicate where the well will be, however based on the lot size the and the requirement for a well to be 50ft away from any septic bed I do not see how this could be handled. All the lots in the area depend on clean well water and the ability to properly filter septic discharge. f. In order to build a moderately sized house on this lot all of the prescribed offsets have to be reduced by more than 50%, leaving relatively no rear yard (9.8 ft) which is not in keeping with the lots to the north of this lot, and many surrounding lots. 2. The Retained lot (28 Owen Rd) is also a fairly small lot. The house that is on that lot is already circumventing septic requirements. It does not have it laundry tied into its septic bed and whenever laundry is done the ditch that runs on the south side of Owen Rd is full of soap suds which drain directly into Lake Simcoe. It is my understanding that this house contains a number of building code violations. I have heard that the septic has been bypassed to limit the load on the septic tank drainage bed. 2021-B-31 I am in agreement with the application to adjust the side Yard offset to 3.9 ft as I believe the requirement for 9.8 ft is excessive. I am not in favour of decreasing the rear frontage to 9.8 ft from the Page 217 of 278 6.g) 6.30PM DS2021-082 Andy Karaiskakis, Senior Planner re: Consent Appl... require 24.6 ft as this leaves virtually no rear yard. I fear that the lack of rear yard would force pets and children to play only in the front yard or on the road which would create a safety hazard both for the residents and drivers passing by. In summary I request that the Township of Oro-Medonte not consent to the re-creation of a residential lot at 24 Owen Rd. Should consent be granted I believe that a rear yard of at least 20 ft should be maintained. The subject lands are in a rural area that depends on the clean ground water. There is no municipal water or sewers. It is not a high density urban development area where you would expect to see this type of building density. I respectfully ask The Township of Oro-Medonte to keep it that way. Best Regards, Lillian Kuehn Business Services Manager for Minerals Canada SGS Canada Inc. 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File #: 4346-020-005-11600 372 Moonstone Road East D14-59227 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2021-078 regarding a Zoning By-law Amendment applying to lands municipally known as 372 Moonstone Road East, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-03 by William Finlayson, specifically to rezone a portion of the subject lands from the Local Industrial Exception 136 (LI*136) Zone to the Residential One (R1) Zone for lands located at 372 Moonstone Road East, 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 applicants be advised of Council's decision under the Director, Development Services signature. Background: Property Description The subject lands have a lot area of 8.24 hectares (20.34 acres) and currently contain a commercial building (former Township of Medonte Administration Building) and are located in the northwest corner of Old County Road and Moonstone Road East. A Location Map is included as Schedule 1 and an aerial image is included as Schedule 2 to this report. Development Proposal The purpose of the Zoning By-law Amendment application is to rezone a portion of the subject lands from the Local Industrial Exception 136 (LI*136) Zone to the Residential One (R1) Zone to reflect the intended future residential use. The Zoning By-law Amendment is required to Development Services June 2, 2021 Report No. DS2021-078 Page 1 of 10 Page 228 of 278 8.a) DS2021-078 Andria Leigh, Director Development Services re. Zoning B... fulfill a condition of approval for Consent Applications 2020-B-23A-C that were granted by the Development Services Committee on December 2, 2020. The Committee granted provisional consent for the creation of three residential lots subject to a number of conditions, including: that the applicant apply for and obtain a Zoning By-law Amendment for the subject lands to reflect the intended residential land use. Analysis: Provincial Policy Statement 2020 The intent of the Provincial Policy Statement (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, and Section 1 .1 .3 —Settlement Areas. The intent of the PPS is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. (Sections 1.1 .3.1 and 1.1.3.4). Planning Staff is of the opinion that this application is consistent with the PPS as the proposed rezoning would permit development of three lots being created through consent for residential purposes. The intended use is permitted and encouraged in Rural Settlement Areas such as Moonstone. 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..." This application would not negatively impact the character of this area, and would be providing for further residential development in a settlement area and is consistent with the policies of the Provincial Policy Statement as the proposed residential lots are located with a rural settlement area (Moonstone). Growth Plan for the Greater Golden Horseshoe 2020 Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of the Growth Plan directs development to settlement areas as they are the focus of growth within the Township. Section 2.2.1 .4 works to achieve complete communities that feature a mix of land uses. The proposed by-law amendment application relates to a change in the zoning from local industrial to residential for lands that were the subject of lot creation for three residential lots being added to the Moonstone settlement area that is considered to conform to the policies of the Growth Plan. Development Services June 2, 2021 Report No. DS2021-078 Page 2 of 10 Page 229 of 278 8.a) DS2021-078 Andria Leigh, Director Development Services re. Zoning B... 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, Moonstone 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". It is the opinion of Planning Staff that this application, that would re-zone the lands for residential purposes within a designated settlement area, conforms to the County Official Plan. However, since County comments have not been received as of the preparation of this report, it is recommended that the Committee have regard for any comments that may be received prior to the Committee's decision. Township of Oro-Medonte Official Plan The subject lands are designated "Rural Settlement Area" in the Township's Official Plan, and Section C3 policies related to the use and development of land in this designation are applicable to these applications. Specifically, Section C3.2 of the Official Plan states that "Permitted uses in [this designation include] ... low density residential uses ...". The proposed Zoning By-law Amendment would rezone the lands from the Local Industrial Exception (LI*136) Zone to the Residential One (R1) Zone in order to satisfy the condition of the consent applications (2020-B-23A-C). Therefore, Planning Staff is of the opinion that the Zoning By-law Amendment application which would allow for residential use would conform to the Township's Official Plan. Proposed Zoning By-law Amendment The lands subject to the application are zoned "Local Industrial Exception 136 (LI*136)" in the Township's Zoning By-law 97-95, as amended. As noted above, this Zoning By-law Amendment Application has been submitted to fulfill a condition of approval for Consent Applications 2020-B-23A-C, which went through a public process under the Planning Act and was approved by the Development Services Committee at their meeting on December 2, 2020. This zoning by-law amendment application was also the subject of a public meeting on November 12, 2020 at which time no public comments were received. On this basis, Staff recommends approval of Zoning By-law Amendment 2021-ZBA-03 and has prepared a Zoning By-law Amendment for consideration by Council. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of Council be appealed to the Local Planning Appeal Tribunal and Council chooses to defend its decision. Development Services June 2, 2021 Report No. DS2021-078 Page 3 of 10 Page 230 of 278 8.a) DS2021-078 Andria Leigh, Director Development Services re. Zoning B... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement 2020 • Growth Plan for the Greater Golden Horseshoe 2019 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that this application is consistent with the following Strategic Goal of the Township: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. Public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Building Division — no comments. • Development Engineering — no objection 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. • Environmental Services - 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. • Operations & Community Services — The applicant will required to obtain an entrance permit for any new or improvements to existing entrances fronting on to a Township road. • Enbridge Gas Inc. - does not object to the proposed application however, we reserve the right to amend our development conditions. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning@Enbridge.com. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Development Services June 2, 2021 Report No. DS2021-078 Page 4 of 10 Page 231 of 278 8.a) DS2021-078 Andria Leigh, Director Development Services re. Zoning B... Schedule 3: Applicant's Draft Reference Plan Schedule 4: Draft Zoning By-law Amendment Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2021-ZBA-03 by William Finlayson be approved on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe and represents good planning. Respectfully submitted: Andria Leigh, RPP Director Development Services Approvals: Date: Development Services June 2, 2021 Report No. DS2021-078 Page 5 of 10 Page 232 of 278 8.a) DS2021-078 Andria Leigh, Director Development Services re. Zoning B... Schedule 1: Location Map 5:65 Old CGuntX Rd. 344 85 290 315 Moormlone Rd-E P2D1d 12 4W 5 Rejd's Ridge 7 17 1$ 9 Schedule 1 Location ®SuWea Lands © i5U 11f Fle Nurbar 21321,Z.BAM I i Development Services June 2, 2021 Report No. DS2021-078 Page 6 of 10 Page 233 of 278 8.a) DS2021-078 Andria Leigh, Director Development Services re. Zoning B... Schedule 2: Aerial Photo •l r Moonstone Rd-E• a Schedule 2 Aerial Photo wV ff J Sufaect Lands �irf CfFC J ? R aU m F9e NwTO- _021-ZBA-03 44F L._ Development Services June 2, 2021 Report No. DS2021-078 Page 7 of 10 Page 234 of 278 8.a) DS2021-078 Andria Leigh, Director Development Services re. Zoning B... Schedule 3: Draft Reference Plan PLAN 51R— REARING,DISTANCE AND Co-MDINATE NOTES cacr.rc Lxna nic.a... eNe ccxrlau[x ro sam[v xTa mxms xw�x[xr.:xazanv�z�nvv r.x[xvx=xv m me F_GEDIED!ND DEPOSITED r ncx�xRnn a«In Rr NwnPrrwc x s rorrewm �' .xr a�a�EERVFw x.ls. d r��Fi,„ n 1A11 P1.C, COVSSACx AIL Cf IN NEA n pETA AND CAN RENCONVEAIED TOCFEEI RYTMDINJINC NB�S0.3D48,ElPES f PL0.N..IK-R11 `� I.,r is 9 "F11-1111 V � ,IN PART 1,PLAN 51R-2145fi � FI PLAN OF SURVEY OF PART OF LOT 16 CONCESSION 9(GECG A-i1C—CWkEHlr, OF NEDDNTE) TOWNSHIP OF DRO—MEDONTE R — COUNTY OF SIMCOE o° 1 k s mu Gfl NOTES r��xt PART 2 rs� � � � = aDP IPDa PaR IN a .SID D„I I- mm, P.n NNo NRE FENCE L SURVEYOR'S CERTIFICATE .Iw,� E,E1.tiIN M ,NT LaNx,l 6 � UARY UB,2021 ouumo ucc- �urucmn DATE: FEBR HOLDING JONES VANDERVEEN INC. MOONSTONE ROAD EAST'S— COUNTY ROAD No.x19 (/ PART 5 1 ONTARIO LANE>SURVEYORS ROAD ALLOWANCE 6E7NEEN LOTS 15 AND 16,CONCESSION 9 `nxEn—Ile sxunDE mEIreEsJ `HJV " °� Development Services June 2, 2021 Report No. DS2021-078 Page 8 of 10 Page 235 of 278 8.a) DS2021-078 Andria Leigh, Director Development Services re. Zoning B... Schedule 4: Draft Zoning By-law Amendment The Corporation of the Township Of Oro-Medonte By-Law No. 2021-064 A By-law to amend the zoning provisions which apply to lands at 372 Moonstone Road East, Part of Lot 16, Concession 9 (Medonte), Township of Oro-Medonte 2021-ZBA-03 (Finlayson) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13. And Whereas Council deems it appropriate to rezone the subject lands in accordance with Section C3.2 of the Official Plan. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule `A24' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to a portion of the lands located in Part of Lot 16, Concession 9, Geographic Township of Medonte, Township of Oro-Medonte, County of Simcoe, from the Local Industrial Exception 136 (LI*136) Zone to the Residential One (R1) Zone, as shown on Schedule "A" attached and forming part of this By-law. 2. Schedule "A" attached to By-law No. 2021-064 is declared to form a part of this By-law. 3. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-Law read a First, Second and Third Time, and Passed this 2nd Day of June, 2021. The Corporation of the Township Of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, J. Teeter Development Services June 2, 2021 Report No. DS2021-078 Page 9 of 10 Page 236 of 278 8.a) DS2021-078 Andria Leigh, Director Development Services re: Zoning B... Schedule 'N to Zoning By-law Amendment 372 Moonstone Road East Part of Lot 16,Concession 9 Geographic Township of Medonte Township of Oro-Medonte County of Simcoe f jb �o It i LOT 15 CON B LOT is OpF 9 1� ®Land fihe reaonadiran Local Ind6h®I Excephom 136{LI'136)Zone b Tls&is SdreduleW WZomsg By-law Residerltlal One{R1�2we Passed I&-day of 2021 ®Land is remain Local Industrial Excep6o-n 136{LI°136)Zone INayor Clerk Development Services June 2, 2021 Report No. DS2021-078 Page 10 of 10 Page 237 of 278 8.b) DS2021-088 Danielle Waters, Planner re: Minor Variance Application ... Township of Aff Report Proud Heritrage, Exciting Future Report No. To: Prepared By: DS2021-088 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # June 2, 2021 Minor Variance Application 2021-A-14 Roll #: by 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. DS2021-088 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 approved, subject to the conditions as outlined in Report DS2021-088. 3. The conditions are as follows: a. That notwithstanding Section 5.4 c) —Apartment Dwelling Units Accessory to a Single Detached Dwelling of Zoning By-law 97-95, the proposed single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit, Entrance 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. Development Services June 2, 2021 Report No. DS2021-088 Page 1 of 12 Page 238 of 278 8.b) DS2021-088 Danielle Waters, Planner re: Minor Variance Application ... Background: The application was the subject of a Public Hearing on May 5, 2021, following which the application was deferred to allow the applicant the opportunity to address comments provided by the Lake Simcoe Region Conservation Authority (LSRCA). 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. The subject property was created as a result of 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 (By-law No. 2018-065). 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. As a result, one of the two variances requested by the applicant being to reduce the setback from the Limits of the Environmental Protection (EP) 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 section of Zoning By-law 97- 95: Section 5.4 c — Apartment Dwelling Units Accessor 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 Development Services June 2, 2021 Report No. DS2021-088 Page 2 of 12 Page 239 of 278 8.b) DS2021-088 Danielle Waters, Planner re: Minor Variance Application ... 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. 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. The above reports have been reviewed and revised comments have now been received from Lake Simcoe Region Conservation Authority (LSRCA) in support of the proposed minor variance application. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed dwelling is consistent Development Services June 2, 2021 Report No. DS2021-088 Page 3 of 12 Page 240 of 278 8.b) DS2021-088 Danielle Waters, Planner re: Minor Variance Application ... 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 sections 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). Current environmental mapping shows the dwelling to be partially within the floodplain hazard however a flood hazard assessment was completed for adjacent sites which actually shows a reduced floodplain limit. The confirmed delineation shows that the proposed new dwelling will not be located 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 confirmed the wetland boundary and reviewed a natural heritage evaluation for the subject lands in 2019 as part of the consent and zoning by-law amendment submissions. The development setbacks were determined at that time and LSRCA will not require further natural heritage review as part of this minor variance application. LSRCA is therefore satisfied that the application is consistent with the PPS and in conformity with the LSPP and other Provincial policies. The location of the new dwelling has been confirmed to be outside the limit of the floodplain hazard however it will be within the minimum vegetation protection zone of the PSW. The dwelling will therefore require a permit from LSRCA. Development Services June 2, 2021 Report No. DS2021-088 Page 4 of 12 Page 241 of 278 8.b) DS2021-088 Danielle Waters, Planner re: Minor Variance Application ... LSRCA is now 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. 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 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: Does the variance maintain 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." 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. Development Services June 2, 2021 Report No. DS2021-088 Page 5 of 12 Page 242 of 278 8.b) DS2021-088 Danielle Waters, Planner re: Minor Variance Application ... Therefore, based on the above, Planning staff believe this application is considered to maintain the general intent and purpose of the Official Plan. Does the variance maintain 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. 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. Is the variance appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place, 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. Revised comments have been received from LSRCA stating that they are in support of the application. 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 is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered 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 June 2, 2021 Report No. DS2021-088 Page 6 of 12 Page 243 of 278 8.b) DS2021-088 Danielle Waters, Planner re: Minor Variance Application ... 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 • 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 consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — no objections • Township Building Services — no comments • Township Infrastructure and Capital Projects — no objections • County of Simcoe — reduced setbacks permitted, County Variance approved • LSRCA — LSRCA Permit required, LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard policies of the LSPP. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Site Plan Schedule 4: Applicant Elevation Plan Development Services June 2, 2021 Report No. DS2021-088 Page 7 of 12 Page 244 of 278 8.b) DS2021-088 Danielle Waters, Planner re: Minor Variance Application ... Conclusion: Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2021-A-14 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 approved, on the basis that the application is consistent with and conforms to Provincial policies and plans, the County and Township Official Plans and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services May 26, 2021 Andria Leigh, Director, Development Services May 26, 2021 Development Services June 2, 2021 Report No. DS2021-088 Page 8 of 12 Page 245 of 278 8.b) DS2021-088 Danielle Waters, Planner re- Minor Variance Application ... Schedule 1: Location map Vul Y-7 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 June 2, 2021 Report No. DS2021-088 Page 9 of 12 Page 246 of 278 8.b) DS2021-088 Danielle Waters, Planner re- Minor Variance Application ... Schedule 2: Aerial Photo 1978 ` 1960 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 June 2, 2021 Report No. DS2021-088 Page 10 of 12 Page 247 of 278 8.b) DS2021-088 Danielle Waters, Planner re- Minor Variance Application ... 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 O 272. 269.9as I 49.92 11271921 MATLH EXISTIkG N57'93'35E%� 79.9 / 48.42 "° 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 June 2, 2021 Report No. DS2021-088 Page 11 of 12 Page 248 of 278 8.b) DS2021-088 Danielle Waters, Planner re- Minor Variance Application ... 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 June 2, 2021 Report No. DS2021-088 Page 12 of 12 Page 249 of 278 8.c) DS2021-090 Derek Witlib, Manager, Planning Services re: Proposed St... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-090 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # June 2, 2021 Proposed Street Naming, Draft Plan of Subdivision Roll #: Application 2012-SUB-03 R.M.S. File #: 4346-010-009-04802 (Oro Station Subdivision) D12 43842 West Part of Lot 24, Concession 8 (Oro) Township of Oro-Medonte Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-090 be received and adopted. 2. That the street name "Baxter Place" be assigned to "Street A" as shown on the draft approved plan for the Oro Station subdivision. 3. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: The subject lands are located near the intersection of Line 7 South and Ridge Road in the rural settlement area of Oro Station, as identified on the Location Map attached as Schedule 1 to this report. The lands originally received Draft Plan Approval for an 18 lot residential plan subdivision in 2016, and most recently Council on February 23, 2021 extended draft plan approval until March 7, 2022. There are 50 draft plan conditions, which are required to be fulfilled in order to proceed to final registration, one of those conditions includes the naming of the street within the subdivision to the satisfaction of the Municipality. The approval of the proposed street name of "Baxter Place" is the purpose of this report. A copy of the draft approved plan is included as Schedule 2. Analysis: The developer is requesting that the approved street name be "Baxter Place". Development Services June 2, 2021 Report No. DS2021-090 Page 1 of 6 Page 250 of 278 8.c) DS2021-090 Derek Witlib, Manager, Planning Services re. Proposed St... In considering the proposed street name, the Township of Oro-Medonte has the following Street Naming Policy in place: 1 . When naming or changing street names in the Township, consideration be given to one of the following: a. A historic name which once identified the location; b. The surnames of local pioneer families in the immediate vicinity; c. Any prominent geographic, natural or practical feature which makes the location unique or identifiable; d. The names of local servicemen who made the ultimate sacrifice; e. The names of prominent former residents who contributed to the betterment of the Township through their community involvement, athletic or business achievements. 2. Where there are two or more proposed street names in a new development or plan of subdivision, at least one street name will have regard to the above criteria and the developer be encouraged to research the following resources: a. Oro-Medonte Historical Association; b. Simcoe County Historical Society c. Simcoe County Archives & Township records (i.e. assessment rolls, historical publications); d. Local Registry Office (former land ownerships). 3. All proposed new street names shall be circulated to internal departments for review and comment prior to Council approval. 4. The duplication of street names used in adjacent municipalities shall be minimized as not to conflict with emergency response addresses. Circulation of proposed new names will be made by the Township to the neighbouring municipalities for comment when deemed appropriate. 5. A report will be submitted to Council for the approval of the proposed names. The developer's planner has advised that the developer spent part of his childhood in the former Township of Oro and has requested that the street be named "Baxter Place" on the basis that: "Mr. Baxter was a fine gentleman that made his living by cutting ice out of Lake Simcoe manually with a very long large tooth and bladed saw. He then loaded the large cubes of ice on a wagon pulled by horses and taken to Mr. Baxter's icehouse, which was actually a barn that was eventually packed to the rafters with large blocks of ice, and the ice insulated with huge amounts of sawdust. When required the ice was delivered to the customers houses, by horse and wagon, and put in their ice boxes. This took place in the areas of the Township where there was no electricity, or to people that could not afford a refrigerator." Staff reviewed the Township's heritage books (Story of Oro and Kith and Kin)to determine if the reference provided by the developer could be validated; while the Story of Oro (page Development Services June 2, 2021 Report No. DS2021-090 Page 2 of 6 Page 251 of 278 8.c) DS2021-090 Derek Witlib, Manager, Planning Services re. Proposed St... 301) does reference the ice cutting and delivery process, no specific name references are provided. Additionally staff reached out to members of the Heritage Committee; who also were unable to provide historical validation. The proposed street name identified above was circulated to internal departments and to surrounding municipalities for comment. No concerns were raised from any department or municipality. Financial / Legal Implications / Risk Management: N/A Policies/Legislation: The Township of Oro-Medonte Street Naming Policy Corporate Strategic Goals: This street naming request is consistent with the Township's strategic goal for "Balanced Growth", as it contributes toward the fulfilment of the draft plan conditions and the future registration of this subdivision as approved by Council. Consultations: Internal Township Departments — no concerns Neighbouring Municipalities — no concerns Fire Chief— no concerns Attachments: Schedule 1: Location Map Schedule 2: Draft Plan of Subdivision Conclusion: The proposed street name for the Oro Station subdivision being "Baxter Place" is considered to satisfy item 1.e" of the Township's Street Naming Policy, and appears to meet all other requirements of this policy. On this basis, Planning Staff supports the proposed street name as outlined in this report. Respectfully submitted: Derek Witlib, Manager, Planning Services Development Services June 2, 2021 Report No. DS2021-090 Page 3 of 6 Page 252 of 278 8.c) DS2021-090 Derek Witlib, Manager, Planning Services re. Proposed St... Approvals: Date Andria Leigh, Director, Development Services May 27, 2021 Development Services June 2, 2021 Report No. DS2021-090 Page 4 of 6 Page 253 of 278 8.c) DS2021-090 Derek Witlib, Manager, Planning Services re- Proposed St... S�Rd-Mo.on t n-Rd. T 27C OM•a ie-Rd. C 114 108 102 591 96 84 84 66 85 2 4 f?� 50 75 6 ct� tea. e 63 1 40 8 32 9 641 600 tPQ 24 11 10 3�^fit 18 31 6i 13 632 649 53 L 12 15 15 14 630 17 7 703 16 19 Schedule 1 Location Township of ® Subject Lands Proud Heritage,Exciting Futare 0 100 m File Number:2012-SUB-03 N I i i i Development Services June 2, 2021 Report No. DS2021-090 Page 5 of 6 Page 254 of 278 8.c) DS2021-090 Derek Witlib, Manager, Planning Services re- Proposed St... 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West side of Horseshoe Boulevard, Part of Lot 1, Concession 4 (Oro) Township of Oro-Medonte Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-091 be received and adopted. 2. That Committee approve the request by Skyline Horseshoe Valley Inc. for extension to draft plan approval for Plan of Condominium Application 2011-SUB- 03 (Copeland House Phase 2) for three (3) years. 3. That the appropriate notice of Changes in Conditions of Draft Plan Approval be provided in accordance with the Planning Act, R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: Copeland House Phase 2 is a proposed 5-storey, 70-unit mixed use condominium building and which is the subject of a current Site Plan Approval Application (Application: 2011-SPA-24). The condominium was originally granted draft plan approval by the Township in 2015 for a 3-year period. This was followed by a request from the developer in 2018 for an additional 3-year extension, which Council granted until July 2021 . The proposed development is located on the south side of Horseshoe Valley Road West on the west side of Horseshoe Boulevard, in front of the Horseshoe Valley Resort. Development Services June 2, 2021 Report No. 2021-091 Page 1 of 6 Page 256 of 278 8.d) DS2021-091 Derek Witlib, Manager, Planning Services re: Request for... A map illustrating the location of the draft plan subject to this report is contained in Schedule 1 to this report. The developer has recently requested an additional 3-year extension to draft plan approval, and a copy of the developer's request letter is included as Schedule 2. The purpose of this report is to provide Council with a recommendation on this request. Analysis: In order to receive final approval from the Township and proceed to registration of the plan of condominium, the landowner is required to clear all conditions imposed by the approval authority (Township) and provide the appropriate clearance letters from all of the required agencies. The Planning Act, in Section 51 (32) provides the ability for an approval authority to impose that draft plan conditions will lapse at the expiration of the time period specified by the approval authority, being not less than three years. Section 51 (44), of the Planning Act provides the ability for the approval authority to withdraw the approval of a draft plan of subdivision/condominium. Section 51 (33) provides the ability for the approval authority to extend the lapsing date of draft approval of a plan of subdivision/condominium. Notice of these changes is required to be given following any decision to change conditions and is subject to the appeal process. This ability for the Township to impose a lapsing date is useful in some instances where registration will not occur due to various circumstances. Without this "sunset clause", draft plans could remain open in perpetuity and form unrealistic growth forecasts on lands which may never be realized. The Township's Official Plan in Section E1.9 "Existing Draft Plan Approved Residential Subdivision" provides the following policy: "A considerable number of vacant lots existed in Draft Approved Plans of Subdivision in the rural area on the date this Plan was adopted by Council. Some of these subdivisions are located in areas that have not been identified in the Plan as being appropriate for development since such development may have an impact on the rural character of the area and on the cost effectiveness of providing municipal services. In addition, the development of a number of these subdivisions may have a cumulative negative impact on the natural heritage system that this Plan is trying to protect. In this regard, it is the intent of Council to withdraw a draft approval after an appropriate period of time has elapsed if a subdivision is not proceeding to development stage in an expeditious manner". As indicated earlier in this report, the developer originally obtained the draft plan approval 2015 for a 3-year period. The developer requested and obtained in 2018 a further 3-year extension. Since that time, the developer made significant progress with respect to the servicing, engineering and overall design of the development, to the point Development Services June 2, 2021 Report No. 2021-091 Page 2 of 6 Page 257 of 278 8.d) DS2021-091 Derek Witlib, Manager, Planning Services re: Request for... that in 2020 the drawings were considered ready for approval and Planning Staff prepared a Site Plan Agreement for the developer's signature. However, the developer has not signed the Site Plan Agreement to-date and has instead advised Staff that they wish to instead focus on their other condominium developments known as Slopeside 2 & 3 and intend to proceed with Copeland House Phase 2 once the majority of the Slopeside units are sold (see developer's letter included as Schedule 2). The draft plan conforms with the policies of the Official Plan contained in Sections C14 and D2 and is zoned Village 1-Holding (V1-H) that would permit the form of development being proposed subject to obtaining Site Plan Approval and a by-law for the removal of the Holding (H) provision. With respect to the request for draft plan approval to be extended an additional three years, Planning Staff is of the opinion that a three-year extension is a reasonable period within which the developer can advance the Slopeside 2 & 3 developments to achieve sales, while at the same time finalizing the clearance of draft plan conditions, obtaining Site Plan Approval and registering Copeland House Phase 2. Planning Staff is of the opinion that there would be no Township or public interest served by refusing the owner's request for a 3-year extension at this time given the conformity with the Official Plan policies. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend its decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan Corporate Strategic Goals: 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. Development Services June 2, 2021 Report No. 2021-091 Page 3 of 6 Page 258 of 278 8.d) DS2021-091 Derek Witlib, Manager, Planning Services re: Request for... 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: The following Draft Plan Approval clearance agencies were circulated in regard to this extension request. • Township Departments • County of Simcoe • Simcoe County District School Board • Simcoe Muskoka Catholic District School Board • Canada Post • Bell Canada • Enbridge Gas • Hydro One Attachments: Schedule 1 : Location Map Schedule 2: Developer's Request Letter Conclusion: Planning Staff recommends that an extension to draft plan approval be granted for period of three (3) years from the date of the Committee's decision, to allow the developer to proceed with finalizing Site Plan Approval and proceed with the registration of the condominium. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services Approvals: Andria Leigh, Director Development Services May 27, 2021 Development Services June 2, 2021 Report No. 2021-091 Page 4 of 6 Page 259 of 278 S.d) DS2021-091 Derek WIib, Manager, Planning Services re- Request for Schedule1: Location Map pit' H 1 1% . : a& Ah .¥ % a . � ± is� \L. < % Chen ' « Development Services June 2, 2021 Report No 202-91 Page 5 of e Page 260 of 278 8.d) DS2021-091 Derek Witlib, Manager, Planning Services re- Request for... Schedule 2: Developer's Extension Request DocuSign Envelope ID.D428B335-176C-42D9-93A6-O555A30ECD2B SKYLINE I N V E S T M E N T S April 16,2021 VIA E-MAIL: dwitlib@oro-medonte.ca Derek Witlib Manager, Planning Services Township of Oro-Medonte 148 Line 7 South,Box 100 Ontario LOL 2X0 Re: Draft Plan of Condominium Approval Extension Request(Copeland 2) 2011-SUB-03 Mr.Witlib: Skyline is formally requesting that the Draft Plan of Condominium Approval for Copeland 2,file 2011-SUB-03, be extended by three years to July 19,2024. Based on feedback from potential purchasers of Copeland 2,and after providing an overview of the general master development plan of the resort,we gathered that these individuals were more interested in the development parcel adjacent to Lake Horseshoe, rather than the Copeland 2 location adjacent to Horseshoe Valley Road.Accordingly,we decided to advance development of Slopeside 2&3(2020-SUB-02&2020-SPA-16)to meet this market demand. Copeland 2 is still an important piece of our overall Horseshoe Resort development plan.We received positive feedback on location and product design from those individuals looking for a quieter on-resort lifestyle. Copeland 2 will begin construction after we see the majority of unit closings for Slopeside 2&3. Unfortunately,we cannot have both projects running simultaneously as this would impose excessive financial risk for Skyline at this time. We hope that this explanation is sufficient for the Township to grant the requested three-year extension. Sincerely, Skyline Horseshoe Valley Inc. �DocuSignetl by: Pau du.otn," RFA58C62R1AA4C3. Paul Mondell Sr.Vice-President,Development 36 KING ST_ EAST, SUITE 766, TORONTO, ON, MSC 1E5 I WWw_SKYLINEINVESTMENTS_COM Development Services June 2, 2021 Report No. 2021-091 Page 6 of 6 Page 261 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-085 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # June 2, 2021 Minor Variance Application 2021-A-09 Roll #: Sherry and Rob Davidson R.M.S. File #: 4346-010-012-33900 94 Line 14 South D13-59098 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-085 be received and adopted. 2. That Minor Variance Application 2021-A-09 by Sherry and Rob Davidson, specifically for permission to construct a pool cabana with a maximum floor area of 111 .5 square metres (1 ,200.2 square feet) in the Environmental Protection Zone, on lands municipally known as 94 Line 14 South, Township of Oro- Medonte, be approved, subject to the conditions as outlined in Report DS2021- 085. 3. The conditions are as follows: a) That notwithstanding Section 3.1 , Table A5, and Section 5.1.6 of Zoning By-law 97-95, as amended, the proposed pool cabana shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation; d) That the applicant satisfy any permits and/or approvals required from the Lake Simcoe Region Conservation Authority; and, e) 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. That Minor Variance Application 2021-A-09 by Sherry and Rob Davidson, specifically for permission to permit an outdoor kitchen area in the proposed pool cabana on lands municipally known as 94 Line 14 South, Township of Oro- Medonte, be denied on the basis that the proposed outdoor kitchen area in the Development Services June 2, 2021 Report No. DS2021-085 Page 1 of 17 Page 262 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... proposed pool cabana is not considered to meet the purpose and intent of the Zoning By-law, is not appropriate for the desirable development of the lot and is not minor. 5. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject Minor Variance Application was considered at the March 3, 2021 Development Services Committee meeting and was deferred to allow the applicants the opportunity to address the Lake Simcoe Region Conservation Authority (LSRCA) comments with respect to the preparation of a Natural Heritage Evaluation (NHE) as the proposed new pool cabana and in-ground swimming pool are located within 120 metres of a provincially significant wetland (Bluffs Creek Wetland). The applicants have since prepared a NHE which has been circulated to the LSRCA for review and comment. The LSRCA has reviewed the NHE and have advised that the recommendations contained in the NHE are to be inserted as conditions of the LSRCA Permit which the applicants will be required to apply for and obtain approval from LSRCA prior to the applicants obtaining a Building Permit/Pool Fence Permit from the Township. The subject property has a lot area of 3.0 hectares (7.4 acres) and contains a single detached dwelling and a detached accessory building. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. There is a watercourse that runs through the property to the west of the dwelling; and as a result, a portion of the property is zoned Environmental Protection (EP). The applicants are proposing to build a pool cabana and an in-ground swimming pool behind the dwelling and are requesting relief from the following Sections of Zoning By-law 97-95, as amended. It should be noted that Section 5.34 of the By-law permits swimming pools in any Zone, therefore the relief requested by the applicants in this minor variance application to permit the swimming pool in the EP Zone is not required. Section 3.1, Table A5 — Permitted Uses Environmental Protection EP Zone Permitted. Proposed: No buildings or structures, except those To permit a pool cabana in the EP Zone. required for flood or erosion control. Section 5.1.1 — Uses Permitted in Detached Accessory Buildings Permitted: Proposed: A detached accessory building or structure To permit an outdoor kitchen area in the is permitted to contain sanitary facilities, cabana including sink and/or toilet; however kitchen facilities including food preparation facilities or facilities for the installation of kitchen equipment are prohibited Development Services June 2, 2021 Report No. DS2021-085 Page 2 of 17 Page 263 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... Section 5.1.6 — Maximum Floor Area for Detached Accessory Buildings Required: Proposed: 70.0 square metres (753.5 square feet) 111 .5 square metres (1 ,200.2 square feet) - indoor space (30.0 sq.m./322.9 sq.ft.) - outdoors ace 81 .5 s .m./877.2 s .ft. The applicants' site plan, floor plan and elevation drawings are included as Schedules 3 to 5 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage and Section 2.2 - Water are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. Section 2.1 Natural Heritage contains policies concerning the long-term prosperity and protection of natural heritage features. The PPS prohibits development and site alteration in or adjacent to natural features unless the ecological function of the adjacent lands has been evaluated and has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions (Section 2.1 .8). The applicants retained River Stone Environmental Solutions Inc. who prepared a Natural Heritage Evaluation (NHE) in support of this application. As indicated in the NHE, the impact of the proposed development on the provincially significant wetland communities and unevaluated wetland communities is low. Based on the above, Planning Staff are of the opinion that the application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe 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 the construction of a pool cabana to the existing residential use. Section 4.2.4 — Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies to this application as the proposed development is located adjacent to a watercourse. Specifically, Section 4.2.4.1 states: "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage Development Services June 2, 2021 Report No. DS2021-085 Page 3 of 17 Page 264 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... System or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature." (p. 43-44). The proposed pool cabana is considered an accessory use to the main use which is the existing dwelling, they would be located within the property's existing landscaped rear- yard amenity area, there is existing development (accessory buildings) that is already located closer to the watercourse than the proposed pool cabana, and the proposed development would still maintain a 30.0 metre (98.4 feet) setback from the limits of the watercourse. Therefore, there may be no new or increased impact created by the proposed development on the natural heritage feature. The applicants retained River Stone Environmental Solutions Inc. who prepared a Natural Heritage Evaluation (NHE) in support of this application. The consultants concluded that the impact of the proposed development on the provincially significant wetland communities and unevaluated wetland communities is low. As a condition of the minor variance, the applicant will be required to obtain an LSRCA Permit which would incorporate the conditions/recommendations contained in the NHE. On the basis of the preceding, Planning Staff is satisfied that the applicants have demonstrated to the satisfaction of the Township and the LSRCA (through their comments detailed below) that the proposed development will not have any negative impacts on the key natural heritage features. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. Planning Staff have reviewed the minor variance application in context to the LSPP and the following policies are applicable: "6.25-DP An application for development or site alteration within 120 metres of a key natural heritage feature of key hydrologic feature shall be accompanied by a natural heritage evaluation meeting the requirements of policy 6.26..." "6.26-DP A natural heritage evaluation referred to in policies 6.3 and 6.25 shall be carried out in accordance with guidelines developed by the MNR and shall: a. demonstrate that the development or site alteration applied for will have no adverse effects on the key natural heritage feature, key hydrologic feature, Lake Simcoe and its associated vegetation protection zone, or on the related ecological functions; Development Services June 2, 2021 Report No. DS2021-085 Page 4 of 17 Page 265 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... b. identify planning, design and construction practices that will maintain and, where feasible, improve or restore the health, diversity and size of the key natural heritage feature or key hydrologic feature and its connectivity with other key natural heritage features or key hydrologic features as well as connectivity and linkages to natural heritage systems identified in Provincial Plans or by municipalities, the LSRCA or MNR; c. demonstrate how connectivity within and between key natural heritage features and key hydrologic features will be maintained and, where possible, improved or restored before, during and after construction to allow for the effective dispersal and movement of plants and animals; d. determine if the minimum vegetation protection zone is sufficient to protect the ecological functions of the feature and the area being evaluated, in particular where this feature or area is adjacent to a coldwater stream, headwaters, freshwater estuaries, steep slope or is acting as or has been identified as a wildlife corridor to ensure that the area will continue to effectively act and function as a wildlife corridor; e. determine if the minimum vegetation protection zone is sufficient to protect areas adjacent to existing features that would be appropriate for restoration or re-naturalization to enhance the ecological functioning of that feature, such as lands that provide for rounding out or filling of gaps in significant woodlands; and f. if the minimum vegetation protection zone is not sufficient to protect the function of the feature or protect opportunities for feature enhancement, specify the dimensions of the required vegetation protection zone." The proposed pool cabana is located within 120 metres of a provincially significant wetland (Bluffs Creek Wetland). Therefore, the above noted policies are applicable and, based on the comments of the LSRCA, conformity with the Lake Simcoe Protection Plan has been achieved. Lake Simcoe Region Conservation Authority The LSRCA has reviewed the applicants NHE and have advised that they will be including the recommendations of the NHE to be upheld and included as conditions in the LSRCA permit. They have no further requirements at this stage. County Official Plan The property is designated Greenlands in Simcoe County's Official Plan. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." Section 3.8.16 speaks to legally existing uses which are recognized and permitted to continue in the Greenlands designation. The residential use of the property is an existing use and the proposed development is accessory to this permitted use. In Planning Staff's opinion, the application conforms to the County's Official Plan. Development Services June 2, 2021 Report No. DS2021-085 Page 5 of 17 Page 266 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated "Agricultural" in the Township's Official Plan (refer to Schedule 6). The intent of the Agricultural designation is to: • maintain and preserve the agricultural resource base of the Township; • protect land suitable for agricultural production from development and land uses unrelated to agriculture; • promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township; and, • preserve and promote the agricultural character of the Township and the maintenance of the open countryside. Permitted uses in the Agricultural designation include single detached dwellings and by extension accessory uses, including detached accessory buildings such as the proposed pool cabana. There is a watercourse that runs through the property to the west of the dwelling; therefore, Section B5.1.2 is also applicable to this application. The intent of the Official Plan is to protect all rivers and streams from incompatible development and to minimize the impacts of such development on their function. In this regard, no development is permitted below the top of bank of any river or stream or within 30.0 metres (98.4 feet) of the top of bank. Since the application is for a pool cabana that will be setback approximately 49.0 metres (160.7 feet) to the closest point to the watercourse, the potential for new or increased impacts created as a result of the proposed development appear to minimal. Now that the applicants have addressed the natural heritage matters to the satisfaction of the LSRCA, Planning Staff are able to find the variances to conform to the general intent and purpose of the Official Plan, as the applicants are proposing to build a detached accessory building (pool cabana) which is a permitted accessory residential use in the Agricultural designation. Do the variances maintain the general intent and purpose of the Township's Zoning By- law 97-95? Development Services June 2, 2021 Report No. DS2021-085 Page 6 of 17 Page 267 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... The subject property is zoned "Agricultural/Rural (A/RU)" and "Environmental Protection (EP)" in the Township's Zoning By-law 97-95, as illustrated on Schedule 7 to this report. The EP Zone serves as a protective buffer around a watercourse that runs through the property. The Township's Zoning By-law limits the types of uses that are permitted in the Environmental Protection Zone in order to ensure that environmentally sensitive features are not negatively impacted by development and so that development does not put people and property at risk of natural hazards. As indicated in Table A5 of the Township's Zoning By-law, single detached dwellings and accessory uses are not a permitted use in the EP Zone. The existing single detached dwelling is non-conforming as it is located within the EP Zone. The applicants are proposing to build a 111 .5 square metres (1,200.2 square feet) pool cabana and an in-ground pool behind the dwelling. As noted previously, Section 5.34 of the By-law permit swimming pools in any Zone, therefore, the applicants are seeking relief from the Zoning By-law to permit the proposed pool cabana in the EP Zone. The general intent of the Zoning By-law in this regard is to ensure that an accessory building will be secondary and subordinate to the primary use of the property. If the variance is approved, the accessory building (pool cabana) would remain a one-storey structure that is in keeping with the character of the existing two-storey dwelling on the lands. Despite the increase in floor area to 111 .5 sq. m. (1,200.2 sq. ft.), the accessory building would still possess a lesser floor area than the existing 228.4 square metre (2,459.0 sq. ft.) dwelling. This, combined with the fact that the accessory building is setback behind the dwelling from the property's main frontage on Line 14 South, leaves Planning Staff satisfied that the dwelling will continue to appear and function as the main use of the property. The Township's Zoning By-law prohibits accessory buildings and structures to be used for human habitation. Furthermore, a detached accessory building or structure is permitted to contain sanitary facilities, including sink and/or toilet, outside an area susceptible to flooding, however, kitchen facilities including food preparation facilities or facilities for the installation of kitchen equipment are prohibited. The intent for not permitting kitchen facilities in detached accessory buildings is to ensure that these buildings are not utilized for human habitation. Planning Staff have concerns with the proposed kitchen facility/food preparation facility shown in the pool cabana and cannot support this variance request. For the reasons outlined above, the requested variances, save and except the request for kitchen facilities in the pool cabana, are considered to meet the purpose and intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? As stated above, Planning Staff does not expect the accessory building (pool cabana), which would be lower in height and size than the existing two-storey dwelling, to negatively affect the current residential appearance and use of the property. The proposed pool cabana will not interfere with functional matters on the lot, such as parking, access, the septic system or rear yard amenity space. Upon site visit, Staff Development Services June 2, 2021 Report No. DS2021-085 Page 7 of 17 Page 268 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... noted heavy vegetation along the interior lot lines and minimum houses in view of the proposed pool cabana; therefore the proposed increased size of the pool house cabana will have no negative effects with the character of the area. Planning Staff is concerned with the proposed kitchen facility/food preparation facility shown on the applicant's drawings which has the potential to encourage human habitation in an accessory building/structure and would start a negative precedent in the Township by allowing this proposed use. Furthermore, the Township's Zoning By-law is clear that kitchen facilities including food preparation facilities or facilities for the installation of kitchen equipment is prohibited in detached accessory buildings/structures. Based on the above, Planning Staff are satisfied that the proposed development, save and except the request for kitchen facilities in the pool cabana, would be desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. Based on the analysis above, Planning Staff is of the opinion the requested variances specifically to permit a pool cabana with an increased size in the EP Zone is minor. However, the requested variance to permit a kitchen facility/food preparation facility in the pool cabana is not minor as it is not considered to meet the purpose and intent of the Zoning By-law and is not desirable for the development of the lot. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 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: Development Services June 2, 2021 Report No. DS2021-085 Page 8 of 17 Page 269 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects — No comments. • LSRCA — we will condition the recommendations of the NHE to be upheld during the permit. No further requirements at this stage. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Floor Plan Schedule 5: Elevation drawings Schedule 6: Official Plan Land Use Schedule 7: Zoning By-law Conclusion: Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2021-A-09 be approved specifically for permission to construct a pool cabana with a maximum floor area of 111.5 square metres (1,200.2 square feet) in the Environmental Protection Zone, on lands municipally known as 94 Line 14 South, 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. Planning Staff recommends that the following variance associated with Minor Variance Application 2021-A-09 be denied, specifically for permission to permit an outdoor kitchen area in the proposed pool cabana on the basis that the proposed outdoor kitchen area in the proposed pool cabana is not considered to meet the purpose and intent of the Zoning By-law, is not appropriate for the desirable development of the lot and is not minor. Development Services June 2, 2021 Report No. DS2021-085 Page 9 of 17 Page 270 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager Planning Services May 26, 2021 Andria Leigh, Director Development Services May 26, 2021 Development Services June 2, 2021 Report No. DS2021-085 Page 10 of 17 Page 271 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re- Minor Variance Appl... te' =� gdoo�sm��a,d. 5206 5243 5266 o�e.no•Likrf�.., 6 172 5219 aId T' r 37 N" 2476 18 �ibaetao'a C_ J 13 15116 SM.E. 2401 17 15 11 22 23 2401 54 74 51 to 79 55 v T N 5071 = J 172 129 232 Schedule 1 Location h, Subject Lands Proud Heritage,Excitir}Q Future 0 200 rn File Number:2021-A-09 V I Development Services June 2, 2021 Report No. DS2021-085 Page 11 of 17 Page 272 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re- Minor Variance Appl... P 1I d d sae 'a I 4 T J i .. S „ 4�� Schedule 2 Aerial Photo ��� Township of Subject Lands Proud Heritage,Exciting Future 0 75 rn File Number:2021-A-09 'V I i i Development Services June 2, 2021 Report No. DS2021-085 Page 12 of 17 Page 273 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... dap aam EXISTING STORAGE BUILDING 149 N,9 ,2 Exploded View EraFk rd N,LL) "Og" ore L_Fo W SLPTIC TANK 422tm 32.16 7XISPING IMITT If.[NG 12E<•`�" 37A2m 228.42NI2 �P PROPOSLf➢$bVJMN1ING POOL 74.97M2(20'X4P) l�� •.r,'I 4R E PROI'OtiHD HARI riCAI'V. - �'- 1469M2 'F 7, PROPOSM CAB"1NA 111.,M42(10'X40') FENCE �54:4gm Schedule 3 Applicant's Site Plan �r Ii���L'i File Number 2021-A-09 Proud Heritage,Fxciting Future Development Services June 2, 2021 Report No. DS2021-085 Page 13 of 17 Page 274 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re- Minor Variance Appl... Li r CHANGE CHANGE CHANGE ORANGE I ROOM ROOM ROOM ROOM 3'43"x 4'-0" 3°-5'%4'-�" �'-S"x 4'-0" 3'-0"X 4'-0" 14S©FT 14 SQ FT 14 SQ FT 14 s4 FT PUMP ROOM& ^ s14" STORAGE x OUTDOOR is so FT I 15•-8 x a-a- SHOWER 141 5o FT 4'E"x 10'4T 45 sG FT - 4s 1 L FIREPLA;-E OUTDOOR KITCHEN PATIO 42'-0"x 19'-11" 7W 30=T 0 Schedule 4 Applicant's Floor Plan Tvwruhi!vf���� File Number 2021-A-09 Proud HMtage,Rxciting Future Development Services June 2, 2021 Report No. DS2021-085 Page 14 of 17 Page 275 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re- Minor Variance Appl... -Rr • BbTTOM D�EA.YE3 iOf'OF SIf FLDOR / ��� ' El EXTERIOR ELEVATION .A 3.0.: SCALE:3116—T-0" H!I-V'V ET R—E 1 MI❑-PO I�OF RDDF TOP OF 3�EFiLOR f, ��_C IJ��L E2 EXTERIOR ELEVATION `.A-3.0.: SCALE'3116"=1- 0" E3 EXTERIOR ELEVATION '.A-3,1,i $CAI F'.9;16"=1, U. E4 EXTERIOR ELEVATION '.A 3.1.' SCALE.3,1'"=1'-0" Schedule 5 Applicant's Elevation Drawings Til�lrnsbiip File Number 2021-A-09 Proud Heritage,Exciting Future Development Services June 2, 2021 Report No. DS2021-085 Page 15 of 17 Page 276 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... 7-Rdi— -Mao..to—d. _ f �ree M1PeYa�IkWIRd. r � E a II u N C 15/1"6 5rd E. I_ 11 N ;v I= 'J Vr, I Schedule 6 Township Official Plan - Land Use ."subject Lands =Environmental Protection Two- Industrial Township o��^N�� Agricultural commercial Proud Herieage,Exciting Future Restricted Rural -Environmental Protection One 0 400 m File Number:2021-A-09 I I I I Development Services June 2, 2021 Report No. DS2021-085 Page 16 of 17 Page 277 of 278 8.e) DS2021-085 Andy Karaiskakis, Senior Planner re: Minor Variance Appl... YasrlaIylI4tA.� —I ! NRU ..Muanslrone•Rd.... cc GC MAR2 More h�a•Ya�le�}[a. � I UR2 RUR2 -oa•@ay�.aa.� i Q1 E GC 15/16 Srd, E. A/RU J A/RU I� ED MAR2 A/RU(H) EP AIRU AIRU r d, C J EP AIRU(H) RU AJRU AJRU Schedule 7 RUR2(Rural Residential Two) Existing Zoning 0 ED(Economic Development) lou�nsFup of 0 GC(General Commercial) AIRU(Agricultural/Rural) Subject Lands' EP(Environmental Protection) Proud Heritage,Exciting Future 0 MAR2(Mineral Agregate Resource Two) 200 rn File Number:2021-A-09 Development Services June 2, 2021 Report No. DS2021-085 Page 17 of 17 Page 278 of 278