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09 01 2021 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda T htpo Electronic Meeting Pi-ond Heritage, Exciting Future Wednesday, September 1, 2021 4:30 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. Effective Monday, July 5, 2021 at 8:30 a.m., the Administration Centre was reopened to receive the public by Appointment only. 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: 5 - 6 a) Motion to Approve the Agenda. [Addenda] Page 1 of 618 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 7 - 29 a) Minutes of Development Services Committee meeting held on Thursday, July 15, 2021. 5. Public Hearings: 30 - 61 a) 4:30 p.m. DS2021-129, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-47, Adam Boyce, 67 Slalom Drive. 62 - 99 b) 4:40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-48 and Consent Application 2021-B-29, 12 West Holdings Inc., 1750 Warminster Sideroad. 100 - 133 c) 4:50 p.m. DS2021-130, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-49, Hawkestone Holdings Inc., 77 Robinson Street. 134 - 156 d) 5:00 p.m. DS2021-125, Danielle Waters, Planner re: Minor Variance Application 2021-A-50, James Colville and David St Amand, 17 Glacier Crescent. 157 - 186 e) 5:10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-51, Richard and Johanna Skippon, 3400 Line 7 North. 187 - 217 f) 5:20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-52, Aaron Beerman and Mikhaela Gray, 12 Algonquin Trail. 6. Public Meetings: 218 - 241 a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte; Plan M92 Lot 47, municipally known as 4 Richelieu Road, 2021-ZBA-11 (Jacob Smith) [Refer to Item 8a) and Item 5a) 09 01 2021 Council Agenda]. 7. Public Hearings: 242 - 267 a) 5:50 p.m. DS2021-132, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-53, Logan Pryce, 18 Lakeview Road. 268 - 289 b) 6:00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance Application 2021-A-54, Mark Levin, 14 Procee Circle. 290 - 318 c) 6:10 p.m. DS2021-133, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-55, Bruce Duncan, 9 Georgina Drive. Page 2 of 618 319 - 345 d) 6:20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-57, Norman and Laurette McCracken, 363 Scarlett Line. 346 - 368 e) 6:30 p.m. DS2021-127, Danielle Waters, Planner re: Minor Variance Application 2021-A-58, Brian Kennedy, 5 Valleycrest Drive. 369 - 394 f) 6:40 p.m. DS2021-137, Danielle Waters, Planner re: Minor Variance Application 2021-A-59, Harold and Sue Regan, 8 Simcoeside Avenue. 395 - 424 g) 6:50 p.m. DS2021-141 , Andria Leigh, Director, Development Services re: Minor Variance Application 2021-A-60, Robert and Kelly Talaska, 372 Line 11 South. 425 - 451 h) 7:10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Application 2021-B-30, Melville Richard Mawdsley, 545 Line 13 North. 452 - 483 i) 7:20 p.m. DS2021-134, Michael Barton, Township Planning Consultant re: Consent Application 2021-B-31, John and Henrietta Houston, 3276 Penetanguishene Road. 484 - 503 j) 7:30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-32, Natalie Brunelle and Lise Brunelle, 3342 Penetanguishene Road. 504 - 533 k) 7:40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: Consent Applications 2021-B-33 and 2021-B-34, Skyline Horseshoe Valley Inc., 1102 Horseshoe Valley Road West. 534 - 566 1) 7:50 p.m. DS2021-142, Andria Leigh, Director, Development Services re: Consent Applications 2021-B-35, 2021-B-36 and 2021-B-37, 2848284 Ontario Inc., 50 Jamieson Drive. 567 - 594 m) 8:00 p.m. DS2021-143, Andria Leigh, Director, Development Services re: Minor Variance Application 2021-A-56, Stephen Arbib, 65 Maplewood Parkway. 8. Reports of Municipal Officers: 595 - 602 a) DS2021-124, Danielle Waters, Planner re: 2021-ZBA-11, Jacob Smith, Temporary Use By-law Garden Suite (Granny Flat), 4 Richelieu Road. 603 - 611 b) DS2021-122, Andria Leigh, Director, Development Services re: OLT Hearing Representation, Minor Variance Application 2021-A-21 (Robu), 259 Moon Point Drive. 612 - 618 c) DS2021-123, Andria Leigh, Director, Development Services re: OLT Hearing Representation, Minor Variance Application 2021-A-22 (Govender), 35 Landscape Drive. 9. Next Meeting Date: Wednesday, October 6, 2021 . Page 3 of 618 10. Adjournment: a) Motion to Adjourn. Page 4 of 618 2.a) Motion to Approve the Agenda. RP n HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION d Helping to make Horseshoe Valley an even better place to live August 31, 2021 Members of Council and of the Development Services Committee and the Clerk Township of Oro-Medonte Via e-mail to: agendacomment@oro-medonte.ca RE: Oro-Medonte Development Services Committee Meeting September 1, 2021—Agenda Item 8 c) OLT Hearing Representation— Minor Variance Application (Govender) 35 Landscape Drive Staff report DS2021-123 regarding the above item references their original recommendation to allow the application, as per Staff report DS2021-069. That earlier staff report elaborated on provincial policies regarding density intensification within settlement areas and referenced that the size and scale of the requested apartment exceeded what is allowed in the existing zoning by-law. However, it did not identify or address local site considerations which were raised at the Development Services Committee meeting by local residents in writing and orally, and by members of Council including the Mayor. I hope that this "recap" of those additional considerations will help Council feel more confident in supporting Option #1 as recommended by staff at the present time, and will assist planning staff, the consultant and Counsel with representations to be made at the Ontario Land Tribunal. It is difficult to characterize the application as a "Minor Variance" when approval would require variances from multiple provisions of existing by-laws: 1) Change from single-family dwelling to a 2-family dwelling unit; 2) Size of proposed unit is nearly double what is permitted (130 sq.m. /1,400 sq.ft. proposed vs 70 sq.m. /753.5 sq.ft permitted); 3) Insufficient parking since the by-law requires 3 parking spaces each with the minimum length of 6.Om and a set-back from the road of at least 3m. Based on the drawings provided, 3 such parking spaces are not available. 4) 3 of the 4 windows from the apartment exit into below-grade window wells, including the window in the proposed living/dining area. The only above-grade window is only 24" high and will be completely covered by normal snow accumulation in this area for at least 4-5 months per year, posing a significant fire safety/egress risk. /2 Page 5 of 618 2.a) Motion to Approve the Agenda. Page 2 Additional site-specific concerns raised at the May 5t", 2021 meeting and which continue to apply, include: • The lots on this portion of Landscape Dr are among the smallest, if not the smallest, of all single- family detached homes in the Township. Allowing apartments in homes in rural areas or on larger lots, may be appropriate where there is sufficient area to park 3 or more vehicles without detracting from an existing neighbourhood's character. This is not the case in this area. • On-street parking is not a safe and viable option due to the lack of sidewalks and exceptional snow accumulation from December to April each year. • The surrounding neighbourhood lacks any of the amenities typically found in urban or suburban settlement areas and which are needed to support increased density e.g. no sidewalks, no public transit, no convenience or essential supply stores within several kilometers/reasonable walking distance. • Approval of this application would establish a precedent for this neighbourhood that could significantly alter its character. We believe that Provincial policies requiring intensification need to be applied in the context of full and proper community planning. As updates to our rural township's Official Plan have not yet been completed, it is suggested that it would be premature to approve variances from multiple provisions of existing by-laws and establish a precedent that would be difficult, if not impossible, from which to resile. In order to help contain costs, the HVPOA would be pleased to provide whatever volunteer assistance and support we can to staff, consultants and counsel with respect to this OLT application. Sonia Faryna Vice-President, Planning & Development Page 6 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... 14 The Township of Oro-Medonte Development Services Committee Minutes Township of Electronic Meeting Proaid Heritage, Exciting Future Thursday, July 15, 2021 5:30 p.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Randy Greenlaw Regrets: Councillor Shawn Scott Staff Andria Leigh, Director, Development Services; Derek Witlib, Manager, Present: Planning Services; Andy Karaiskakis, Senior Planner; Catherine McLean, Intermediate Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT) .dfflmlkbl 10 All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Mayor H.S. Hughes assumed the Chair at the above-noted time and called the meeting to order. N6', 1% 'N 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC210715-1 Moved by DeSousa, Seconded by Keane It is recommended that the agenda for the Development Services Committee meeting of Thursday, July 15, 2021 be received and approved. Carried. Page 1 of 23 Page 7 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. 3. Disclosure of Pecuniary Interest: Councillor DeSousa declared a conflict of interest on Item 6g) DS2021-113, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-43 by 2819593 Ontario Inc. (Frontline Resilience), 430 15/16th Side Road West) as a family member (uncle) owns property directly across the road and he has posted objections to this minor variance. Conflict of Interest according to Code of Conduct. Councillor DeSousa turned off her video and did not participate in the discussion or vote of this item. 4. Approval of Minutes: J4 a) Minutes of Development Services Committee meeting held on Wednesday, June 2, 2021. Motion No. DSC210715-2 Moved by Greenlaw, Seconded by Hough se It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, June 2, 2021 be received and approved as printed and circulated. Carried. Page 2 of 23 Page 8 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. 5. Public Meetings: a) Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-Law of the Township of Oro-Medonte, Lot 5, Concession 10, municipally known as 2562 Line 10 North, 2021-ZBA-06 (Saila/Glen Oro Farm) [Refer to Item 7a) and Item 5a) 07 15 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 Leslie Saila/Glen Oro Farm. The following correspondence was received: Enbridge Gas Inc. dated June 11, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated June 11, 2021 , Township of Oro-Medonte, Operations Division dated June 18, 2021; County of Simcoe, Planning Department dated July 15, 2021. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. x Luke Sedgwick, on behalf of the applicant, was present. Nk Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the meeting adjourned. Item 7a) was dealt with at this time. Refer to Item 7a). N4 Page 3 of 23 Page 9 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. b) Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-Law of the Township of Oro-Medonte, West Part Lot 26, Concession 6, municipally known as 654 Ridge Road West, 2021-ZBA-07 (MacGregor) [Refer to Item 7b) and Item 5b) 07 15 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 Kent and Stacey MacGregor. The following correspondence was received: Enbridge Gas Inc. dated June 11 , 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated June 11, 2021. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Kent MacGregor, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the meeting adjourned. Item 7b) was dealt with at this time. Refer to Item 7b). Page 4 of 23 Page 10 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. c) Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-Law of the Township of Oro-Medonte, East Part of Lot 16, Concession 14 (Oro), Township of Oro-Medonte, 2021-ZBA-08 (2041063 Ontario Ltd.) [Refer to Item 7c) and Item 5c) 07 15 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 2041063 Ontario Ltd. The following correspondence was received: Enbridge Gas Inc. dated June 11 , 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated June 15, 2021 , Township of Oro-Medonte, Operations Division dated June 18, 2021 ; Lake Simcoe Region Conservation Authority dated July 13, 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 confirmed 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 5 of 23 Page 11 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. 6. Public Hearings: a) DS2021-104, Danielle Waters, Planner re: Minor Variance Application 2021-A-37, Wayne Hodge and Bonnie Clarke, 45 Blueberry Marsh Road. The following correspondence was received: Township of Oro-Medonte, Operations Division dated June 22, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated June 22, 2021 . Andria Leigh, Director, Development Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The applicant was not present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. %r, There being no further comments or questions, the hearing adjourned. Motion No. DSC210715-3 Moved by Veitch, Seconded by DeSousa It is recommended 1 . That DS2021-104, Danielle Waters, Planner re: Minor Variance Application 2021-A- 37, Wayne Hodge and Bonnie Clarke, 45 Blueberry Marsh Road be received and adopted. 2. That Minor Variance Application 2021-A-37 by Wayne Hodge and Bonnie Clarke, specifically for permission to permit a detached accessory building with an increase in floor area to 111 .5 square metres (1 ,200.0 square feet) on the lands municipally known as 45 Blueberry Marsh Road, Township of Oro-Medonte, be approved, subject to the conditions as outlined in DS2021-104. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 23 Page 12 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. b) DS2021-112, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-38 by Thomas Husbeye, 4612 Line 2 North. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated June 23, 2021 ; Nottawasaga Valley Conservation Authority dated July 12, 2021. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Jamie Robinson, and Ben Craig, MHBC Planning, on behalf of the applicant, were present. Thomas Husbeye, applicant, was present. 40%hh, Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. NAL law There being no further comments or questions, the hearing adjourned. Motion No. DSC210715-4 Moved by Hough, Seconded by Veitch XN It is recommended 1 . That DS2021-112, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-38 by Thomas Husbeye, 4612 Line 2 North be received and adopted. 2. That Minor Variance Application 2021-A-38 by Thomas Husbeye, specifically to permit the construction of a 282 square metres (3035 square feet) addition to a dwelling, with an 11 metre (36.1 feet) setback from the limit of the Environmental Protection (EP) Zone on lands municipally known as 4612 Line 2 North, Township of Oro-Medonte, be approved, subject to the conditions as outlined in DS2021-112. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 23 Page 13 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. c) DS2021-097, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-39, Lindsay & Ryan Foell, 40 Pine Ridge Trail. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated June 22, 2021 , Township of Oro-Medonte, Operations Division dated June 22, 2021. Catherine McLean, Intermediate Planner explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Ryan Foell, applicant, was present. A*h, Staff confirmed 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. DSC210715-5 Moved by Keane, Seconded by Greenlaw- It is recommended 1. That DS2021-097, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-39, Lindsay & Ryan Foell, 40 Pine Ridge Trail be received and adopted. 2. That Minor Variance Application 2021-A-39 by Lindsay & Ryan Foell specifically for permission to build a detached accessory building in the front yard, approximately 13.3 metres (43.75 feet) from the front lot line, and with a reduced interior side yard setback of 0.76 metres (2.5 feet) on lands municipally known as 40 Pine Ridge Trail, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2021-097. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 23 Page 14 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. d) DS2021-109, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A- 40, Susan Farber, 45 Windfields Drive West. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated June 22, 2021 , Township of Oro-Medonte, Operations Division dated June 22, 2021 ; Lake Simcoe Region Conservation Authority dated June 29, 2021 . Andy Karaiskakis, Senior Planner explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Peter Latoszek, agent on behalf of the applicant, was present. Staff confirmed 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. DSC210715-6 k%Moved by Veitch, Seconded by Greenlaw It is recommended 1 . That DS2021-109, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-40, Susan Farber, 45 Windfields Drive West be received and adopted. 2. That Minor Variance Application 2021-A-40 by Susan Farber, specifically for permission to construct an addition to the existing garage which is to be considered attached to the existing dwelling via a roof structure and is proposed to contain an accessory dwelling unit on the lands municipally known as 45 Windfields Drive West, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-109. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 23 Page 15 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. e) DS2021-110, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-41 , Julie and Peter Newburn, 1086 Line 2 South. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated June 22, 2021 , Township of Oro-Medonte, Operations Division dated June 22 and July 5, 2021. Andria Leigh, Director, Development Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Peter Newburn, applicant, was present. A*k Staff confirmed 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. DSC210715-7 A� Moved by DeSousa, Seconded by Keane`- It is recommended 1. That DS2021-110, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-41 , Julie and Peter Newburn, 1086 Line 2 South be received and adopted. 2. That Minor Variance Application 2021-A-41 by Julie and Peter Newburn, specifically for permission to build a detached accessory building with maximum floor area of 83 square metres (893.4 square feet), be approved subject to the conditions as outlined in DS2021-110. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 23 Page 16 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. f) DS2021-111, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-42, Andrew Salomon, 387 Lakeshore Road East. The following correspondence was received: Township of Oro-Medonte, Building Division dated June 21, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated June 21, 2021 , Township of Oro-Medonte, Operations Division dated June 21, 2021 . Andria Leigh, Director, Development Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. IV Jay Smith, agent on behalf of the applicant, was present; amw Staff confirmed 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. DSC210715-8 4' Moved by Greenlaw, Seconded by DeSousa It is recommended 1 . That DS2021-111, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-42, Andrew Salomon, 387 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2021-A-42 by Andrew Salomon, specifically for permission to build a two-storey detached accessory building with maximum floor area of 127.48 square metres (1372 square feet) and maximum building height of 6.63 metres (21 .75 feet), be approved subject to the conditions as outlined in DS2021-111. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 11 of 23 Page 17 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. g) DS2021-113, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A- 43 by 2819593 Ontario Inc. (Frontline Resilience), 430 15/16th Side Road West. Councillor DeSousa declared a conflict of interest as noted in Section 3, Disclosure of Pecuniary Interest. The following correspondence was received: Township of Oro-Medonte, Operations Division dated June 24, 2021; Township of Oro-Medonte, Manager, Development Engineering dated June 25, 2021; Township of Oro-Medonte, Building Division dated July 6, 2021; Lake Simcoe Region Conservation Authority dated July 4, 2021; Peter and Crystal Rosewell dated July 14, 2021; Lloyd and Maria Squire dated July 13, 2021. AMW Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Darren Vella, Innovative Planning Solutions Inc., agent on behalf of the applicant, was present. Lori Gray, applicant, was present. Staff confirmed that no additional public registrations were received. A6, Planning staff read a submission from Councillor Scott. 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. DSC210715-9 %6, Moved by Hough, Seconded by V&.,) It is recommended 1% 1. That DS2021-113, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-43 by 2819593 Ontario Inc. (Frontline Resilience), 430 15/16th Side Road West be received and adopted. 2. That Minor Variance Application 2021-A-43 by 2819593 Ontario Inc., specifically for permission to permit a home occupation occupying a maximum of 45 percent of the gross floor area of a dwelling unit and with a maximum of four (4) employees who are not a resident of the dwelling unit, on lands municipally known as 430 15/16 Side Road West, Township of Oro-Medonte, be approved, subject to the conditions as outlined in DS2021- 113. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Motion No. DSC210715-10 Moved by Greenlaw, Seconded by Keane It is recommended that, further to Minor Variance Application 2021-A-43, staff bring forward a draft by-law, to a future Council meeting, with respect to no parking on the north side of 15/16 Sideroad. Carried. Page 12 of 23 Page 18 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. h) Minor Variance Application 2021-A-44, Jessica and Mark Carney, 6208 Line 3 North. - CANCELLED. i) DS2021-105, Danielle Waters, Planner re: Minor Variance Application 2021-A-45, Brandyn Dorner, 17 Cherry Trail. The following correspondence was received: Chris Bergsma dated June 10, 2021; Patty Larmer dated June 10, 2021; Rick & Peggy Graziano dated June 10, 2021; Township of Oro-Medonte, Manager, Development Engineering dated June 22, 2021 , Township of Oro-Medonte, Operations Division dated June 22, 2021 . Andria Leigh, Director, Development Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Brandyn Dorner, applicant, was present. lq%�_ & Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. 'A111111111ft6h, X AP416h,`4% There being no further comments or questions, the hearing adjourned. Motion No. DSC210715-11 ' 1% Moved by Keane, Seconded by Greenlaw, It is recommended 1 . That DS2021-105, Danielle Waters, Planner re: Minor Variance Application 2021-A- 45, Brandyn Dorner, 17 Cherry Trail be received and adopted. 2. That Minor Variance Application 2021-A-45 by Brandyn Dorner, specifically for permission to permit a detached accessory building with an increase in height to 5.3 metres (17.3 feet), increase in floor area to 112.9 square metres (1 ,215.3 square feet), and reduced interior side yard setback to 1.8 metres (6.0 feet) on the lands municipally known as 17 Cherry Trail, Township of Oro-Medonte, be approved, subject to the conditions as outlined in DS2021-105. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 13 of 23 Page 19 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. j) DS2021-106, Danielle Waters, Planner re: Minor Variance Application 2021-A-46, Derek McCurdy, 16 Northwood Court. The following correspondence was received: Township of Oro-Medonte, Operations Division dated June 22, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated June 25, 2021; Nottawasaga Valley Conservation Authority dated July 12, 2021 . Andria Leigh, Director, Development Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Derek McCurdy, applicant, was present. 4K Staff confirmed 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. DSC210715-12 Moved by Keane, Seconded by Veitch It is recommended 1 . That Report No. DS2021-106, Danielle Waters, Planner re: Minor Variance Application 2021-A-46, Derek McCurdy, 16 Northwood Court be received and adopted. 2. That Minor Variance Application 2021-A-46 by Derek McCurdy, specifically for permission to permit an addition (gazebo) to be located 19.0 metres (62.3 feet) from the top of bank of a watercourse, and for permission to permit a detached accessory building within the front yard on the lands municipally known as 16 Northwood Court, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-106. Page 14 of 23 Page 20 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 a) — location in front yard of Zoning By-law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed structure is not to be used for human habitation, commercial purposes or for a home industry; c) That the proposed structures be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; AMW d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is located no closer than 10.0 metres (32.8 feet) from the front lot line; e) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority Approval and Building Permit be obtained for both the addition (gazebo) and the detached accessory building (carport) 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. Carried. Page 15 of 23 Page 21 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. k) DS2021-100, Andy Karaiskakis, Senior Planner re: Consent Applications 2021-B-22 and 2021-B-23 by Winfull Properties Inc., 9, 11, 13 Winstar Road. The following correspondence was received: Township of Oro-Medonte, Operations Division dated June 22, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated June 22, 2021. Andy Karaiskakis, Senior Planner explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Gerald Heatherington, applicant, was present. At Staff confirmed 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. DSC210715-13 Moved by Hough, Seconded by Keane It is recommended 1. That DS2021-100, Andy Karaiskakis, Senior Planner re: Consent Applications 2021- B-22 and 2021-B-23 by Winfull Properties Inc., 9, 11 , 13 Winstar Road be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2021-B-22 by Winfull Properties Inc. to permit the creation of a new industrial lot having a lot frontage of 46.7 metres (153.2 feet), a lot depth of 242.6 metres (795.9 feet) and an area of 1.1 hectares (2.8 acres) subject to the conditions as outlined in DS2021-100. 3. That the Development Services Committee grant provisional consent to Application 2021-B-23 by Winfull Properties Inc. to permit the creation of a new industrial lot having a lot frontage of 49.3 metres (161 .7 feet), a lot depth of 242.3 metres (794.9 feet) and an area of 1.1 hectares (2.9 acres) subject to the conditions as outlined in DS2021-100. 4. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 16 of 23 Page 22 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. 1) DS2021-099, Catherine McLean, Intermediate Planner re: Consent Application 2021-B- 24 by Susan Fraser & William Carlson, 455 Ridge Road West. The following correspondence was received: Township of Oro-Medonte, Operations Division dated June 22, 2021. Catherine McLean, Intermediate Planner explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. William Carlson, applicant, was present. Ap Staff confirmed that no additional public registrations were received. � Staff confirmed that no additional correspondence from the public was received during this meeting. ANEW There being no further comments or questions, the hearing adjourned. Motion No. DSC210715-14 Moved by DeSousa, Seconded by Veitch It is recommended 1 . That DS2021-099, Catherine McLean, Intermediate Planner re: Consent Application 2021-B-24 by Susan Fraser & William Carlson, 455 Ridge Road West be received and adopted. 2. That Consent Application 2021-B-24 by Susan Fraser & William Carlson, to permit a boundary adjustment having a lot frontage of approximately 30.48 metres (100.0 feet), a lot depth of approximately 121.92 metres (400.0 feet) and an area of approximately 0.37 hectares (0.92 acres) to be added to the property located at 487 Ridge Road West, subject to the conditions as outlined in DS2021-099. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Motion No. DSC210715-1 Moved by Greenlaw, Seconded by Veitch 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. Page 17 of 23 Page 23 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. m) DS2021-114, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-25 by Carol Chapman, 4201 Line 8 North & 370 Warminster Sideroad. The following correspondence was received: Carol Chapman dated June 11, 2021; Township of Oro-Medonte, Operations Division dated June 22, 2021 ; Township of Oro- . County Manager, Development Engineering dated June 22, 2021 ; County of Simcoe, Planning Department dated July 9, 2021; Nottawasaga Valley Conservation Authority dated July 12, 2021; Josh Morgan dated July 15, 2021 ; Carol Chapman received July 15, 2021. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Joshua Morgan, Morgan Planning & Development Inc., agent on behalf of the applicant, was present. ANEW Staff confirmed 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. DSC210715-16 Moved by Keane, Seconded by Hough It is recommended 1 . That DS2021-114, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-25 by Carol Chapman, 4201 Line 8 North & 370 Warminster Sideroad be received. 2. That Application 2021-B-25 to permit a boundary adjustment to convey a parcel having a lot frontage of 230 metres (755 ft.), a depth of approximately 600 metres (1969 ft.) and an area of approximately 21.6 hectares (53.4 acres), to be merged with the abutting property located at 370 Warminster Side Road (Roll No. 4346-020-003- 07570), be deferred and brought back to the Development Services Committee meeting for consideration following receipt of additional agricultural information/justification from the applicant and to address the comments from the Nottawasaga Valley Conservation Authority. Defeated. Page 18 of 23 Page 24 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. Motion No. DSC210715-17 Moved by DeSousa, Seconded by Veitch It is recommended 1 . That DS2021-114, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-25 by Carol Chapman, 4201 Line 8 North & 370 Warminster Sideroad be received. 2. That the Development Services Committee grant Provisional Consent to Application 2021-B-25 to permit a boundary adjustment to convey a parcel having a lot frontage of 230 metres (755 ft.), a depth of approximately 600 metres (1969 ft.) and an area of approximately 21.6 hectares (53.4 acres), to be merged with the abutting property located at 370 Warminster Side Road (Roll No. 4346-020-003-07570), subject to the following conditions: a) That the severed lands be consolidated with the abutting property being surrounded on three sides by the severed lands 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 said abutting parcel, 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 ("Township"), in fee simple, free and clear of all liens and encumbrances, a 3 metre wide road widening along the entire frontage of the severed and retained lands adjacent to the north side of Warminster Side Road, to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, 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 3 metre wide road widening with Warminster Side Road 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; Page 19 of 23 Page 25 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. 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. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. 7. Reports of Municipal Officers: a) DS2021-101, Andy Karaiskakis, Senior Planner re: Zoning By-law Amendment Application 2021-ZBA-06 by Leslie Saila — Glen Oro Farm, 2562/2574 Line 10 North. Motion No. DSC210715-18 Moved by Greenlaw, Seconded by Keane It is recommended 1 . That DS2021-101, Andy Karaiskakis, Senior Planner re: Zoning By-law Amendment Application 2021-ZBA-06 by Leslie Saila — Glen Oro Farm, 2562/2574 Line 10 North, be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-06 by Leslie Saila, specifically to amend the Agricultural/Rural Exception 294 (A/RU*294) Zone to increase the size of the glamping platforms to accommodate four (4) guests, from 36.0 square metres (387.5 square feet) to 64.5 square metres (694.3 square feet) and to increase the guest services/operations/utility building from 40.0 square metres (430.5 square feet) to 200.0 square metres (2,152.8 square feet) for lands located at 2562/2574 Line 10 North, Township of Oro-Medonte, be approved. 3. That the appropriate draft by-law be brought forward for Council's consideration. 4. And that the applicant be advised of Committee's decision under the Director, Development Services signature. Carried. Page 20 of 23 Page 26 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. b) DS2021-102, Andy Karaiskakis, Senior Planner re: Zoning By-law Amendment Application 2021-ZBA-07 by Kent and Stacey MacGregor, 654 Ridge Road West. Motion No. DSC210715-19 Moved by Veitch, Seconded by Greenlaw It is recommended 1. That DS2021-102, Andy Karaiskakis, Senior Planner re: Zoning By-law Amendment Application 2021-ZBA-07 by Kent and Stacey MacGregor, 654 Ridge Road West, be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-07 by Kent and Stacey MacGregor, specifically to rezone a portion of the subject lands from the Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception 330 (A/RU*330) Zone to prohibit residential use on the retained parcel for lands located at 654 Ridge Road West, Township of Oro-Medonte, be approved. 3. That the appropriate draft by-law be brought forward for Council's consideration. 4. That the applicants be advised of the Committee's decision under the Director, Development Services' signature. IWWI Carried. c) DS2021-108, Derek Witlib, Manager, Planning Services re. Zoning By-law Amendment Application 2021-ZBA-08 by 2041063 Ontario Ltd., 5071 Highway 11 North. Motion No. DSC210715�- , Moved by DeSousa, Seconded by Greenlaw It is recommended - 1. That DS2021-108, Derek Witlib, Manager, Planning Services re. Zoning By-law Amendment Application 2021-ZBA-08 by 2041063 Ontario Ltd., 5071 Highway 11 North be received. 2. That Application 2021-ZBA-08 be deferred for up to three (3) months (to be re-considered at the October 6, 2021 Development Services Committee meeting) in order to: a) Staff confirm the number of trailers and RVs on the lands do not exceed 135; and b) The applicant provide the Township with confirmation that the unauthorized building has been removed from the lands; or alternatively c) The applicant apply for and obtain the necessary Minor Variance for the enlargement of a non-conforming use, apply for and obtain the necessary Zoning Certificate and Building Permit; or 3. That, in the event that the applicant fails to satisfy Number 2(b) or 2(c) above, within the identified timing, Township staff proceed with the necessary enforcement actions against the landowner related to any matters of Zoning By-law and/or Building Code non-compliance. Carried. Page 21 of 23 Page 27 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. d) DS2021-103, 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. Motion No. DSC210715-21 Moved by Hough, Seconded by DeSousa It is recommended 1 . That DS2021-103, 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 be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2021-B-19, pertaining to lands located at 24 & 28 Owen Road, to permit a technical severance, to re-create two (2) original parcels which inadvertently merged on title being 24 Owen Road PIN 74040-0105 (LT) having a lot area of approximately 0.03 ha (0.08 ac.) and a frontage of approximately 17.9 m (59.0 ft.) on Owen Road, and 28 Owen Road PIN 74040-0104 (LT) having a lot area of approximately 0.059 ha (0.14 ac.) and a frontage of approximately 27.4 m (90.0 ft.), subject to the conditions as outlined in DS2021-103. ,, 3. That Minor Variance Application 2021-A-31 by Senti Rasa and Rose Hanoman Jhagroo, specifically to permit a reduced lot area of 0.03 ha (0.08 ac.) for 24 Owen Road and 0.059 ha (0.14 ac.) for 28 Owen Road; reduced lot frontage of 17.7 metres (58.0 feet) for 24 Owen Road and 27.4 metres (90.0 feet) for 28 Owen Road; reduced interior side yard of 1.2 metres (3.9 feet) for 24 Owen Road and reduced rear yard of 3.0 metres (9.8 feet) for 24 Owen Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2021-103. 4. That the applicant be advised of the Development Services Committee's decision under the Secretary Treasurer's signature. Carried. Page 22 of 23 Page 28 of 618 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 15, 2021. e) DS2021-107, Danielle Waters, Planner, re: Zoning By-law Amendment Application 2021- ZBA-10 Johnwood Investments Inc., 1614 Ridge Road East. Motion No. DSC210715-22 Moved by Greenlaw, Seconded by Hough It is recommended 1 . That DS2021-107, Danielle Waters, Planner, re: Zoning By-law Amendment Application 2021-ZBA-10 Johnwood Investments Inc., 1614 Ridge Road East be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-10 by Johnwood Investments Inc., specifically to permit the removal of the Holding Provision applying to the lands known as 1614 Ridge Road East, 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 Part of Lot 22, Concession 12 (Oro), Township of Oro-Medonte. 4. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. 8. Next Meeting Date:'' Wednesday, September 1, 2021."' 9. Adjournment: a) Motion to Adjourn. Motion No. DSC210715-23 Moved by Keane, Seconded byGreenlaw It is recommended that we do now adjourn at 10.56 p.m. Carried. An audio recording of the meeting is available through the Township's website. Mayor H.S Hughes, Chair Andria Leigh, Director, Development Services Page 23 of 23 Page 29 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2021-129 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # September 1, 2021 Minor Variance Application 2021-A-47 by Adam Boyce Roll #: 67 Slalom Drive R.M.S. File #: 4346-020-005-03947 D13 59777 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-129 be received and adopted. 2. That Minor Variance Application 2021-A-47 by Adam Boyce, specifically for permission to build a detached garage in the front yard with a maximum height of 5.8 metres (4.5 metres permitted) and a maximum floor area of 162.2 m2 (70 m2 permitted), resulting total lot coverage of all detached buildings of 6% (5% permitted), be denied on the basis that the four tests of the Planning Act are not met. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Existing Conditions The subject property is located at 67 Slalom Drive, as illustrated on Schedule 1. An aerial view of the property and its limits is provided in Schedule 2. The drawings and documents submitted by the Applicant illustrate that the property is currently occupied by a 2-storey dwelling, a one-storey detached shed in the front yard (8.89 m2 or 96 ft2 of gross floor area) and a one-storey detached shed in the rear yard (10.98 m2 or 118 ft2 of gross floor area). While the gross floor area of the detached dwelling is not specifically identified in the application, the plans show the dwelling with a footprint of 53.5 m2 (575.9 ft2) and MPAC information identifies the dwelling as having a floor area of 103.7 square metres (1116 square feet). These buildings are accessed from Slalom Drive by a circular driveway that covers a significant portion of the front yard. The subject property has an area of 1 ,848.77 m2 (19,900 ft2) with frontage of 30.18 metres of Development Services September 1, 2021 Report No. DS2021-129 Page 1 of 17 Page 30 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... frontage on Slalom Drive. The subject property backs onto Line 7 North. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Rural • Township of Oro-Medonte Official Plan: Rural Residential • Zoning By-Law: Rural Residential 2 (RUR2) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing construction of a 2-storey detached garage in the front yard of the existing detached dwelling, within 2.3 metres of the north property line. The options for the location of the proposed detached garage are limited by the location of the existing septic bed and tank on the south side of the dwelling, the large circular driveway in the front yard, and the two existing detached sheds. Based on the information provided by the Applicant, the ground floor will be used for parking vehicles and will have a gross floor area of 81.3 m2 (875.1 ft2). There is also a proposed second floor area that has been identified for storage purposes and will have a gross floor area of 81.3 m2 (875.1 ft2), resulting in a total gross floor area of 162.6 m2 (1 ,750.2 ft2). On this basis, the proposed accessory garage will be larger in lot coverage and floor area than the existing single detached dwelling on the property. The drawing package submitted by the Applicant includes conceptual elevations for the proposed structure that show large windows on the front and sides of the second storey. On the basis of these elevations, it also appears that the proposed accessory structure will be similar in height to the existing single detached dwelling. These drawings are included in Schedule 5. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1 . To permit the detached accessory building in the front yard; 2. To permit a maximum height of a detached accessory building or structure, except boathouses, greater than 4.5 metres (5.8 metres proposed); 3. To permit a maximum lot coverage for all detached accessory buildings on a lot greater than 5% (6% proposed); and 4. To permit a maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (162.6 m2 proposed). Development Services September 1, 2021 Report No. DS2021-129 Page 2 of 17 Page 31 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... 4. Zoning Review Table 1 (below) includes a review of the applicable zoning standards. The intent of the proposal is construct a 2-storey detached garage in the front yard that exceeds the maximum permitted height and floor area for a detached accessory building or structure and results in a total lot coverage of all detached structures that exceeds 5% lot coverage. The inclusion of a second storey for storage uses results in a considerable increase in total floor area relative to the ground floor area alone. However, the inclusion of a second storey does not change the proposed lot coverage. Section 6.0 of the Zoning By-Law defines "Accessory Building or Structure" to mean "a detached building or structure, the use of which is naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot". Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings,Structures and Where this By-law provides that land • The proposed detached Uses[By-law 2017-0121 may be used or a building or structure garage will have a larger may be erected or used for a purpose, footprint and gross floor area that purpose may include any than the existing single detached accessory buildings, detached dwelling on the accessory structures or accessory uses property. located on the same lot as the primary • The proposed detached use to which they are related.For the garage includes large purposes of this by-law a retaining wall windows on the front and with a height of 1.0 metre(3.2 feet)or sides of the second floor. more is considered an accessory • It is my opinion that the structure and is subject to the proposed garage is not provisions of Section 5.1. incidental or subordinate to the main use of the property for a single detached dwelling. 5.1.1 Uses Permitted in Detached No detached accessory building or • No floor plans have been Accessory Buildings and Structures[By- accessory structure shall be used for provided with the application law 2015-1921 human habitation or an occupation for to determine compliance gain,unless specifically permitted by with this regulation. this By-law.A detached accessory • The proposed accessory building or structure is permitted to structure would be required contain sanitary facilities,including to comply with this section. 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 5.1.3 Permitted locations for detached Unless otherwise specified in this By- • The proposed detached accessory buildings and structures in law,detached accessory buildings and garage will be located in the structures,except boathouses,shall: front yard,8.8 metres from Development Services September 1, 2021 Report No. DS2021-129 Page 3 of 17 Page 32 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... all zones[By-law 2004-063,2015-192, the front property line 2017-0121 a)Not be located in the front yard. (variance required) Notwithstanding this provision,a • The proposed garage will be detached private garage is permitted in located greater than 1 metre the front yard of a lot that abuts Lake from the existing single Simcoe or Bass Lake provided it is set detached dwelling and back a minimum distance equal to the detached structure on the required front yard for the main subject property. building from the front lot line. Notwithstanding this provision,a detached accessory building is permitted in the front yard in the Agricultural/Rural(A/RU)Zone provided it is not located in the required front yard.Notwithstanding this provision,a retaining wall with a height of 1.0 metres or more is permitted in the front yard in all Residential zones provided it is not within the required front yard. b)Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d)Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line. Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. e)Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres(49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached 5.8 m proposed(variance required) accessory building or structure,except boathouses,is 4.5 metres(14.7 feet). 5.1.5 Maximum lot coverage The maximum lot coverage of all 5.5%proposed(1.1%for existing detached accessory buildings and detached garages+4.4%for proposed structures on a lot,excluding detached garage)(variance required) boathouses,is 5 percent. Development Services September 1, 2021 Report No. DS2021-129 Page 4 of 17 Page 33 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... 5.1.6 Maximum floor area [By-law The maximum floor area of any one 162.6 mz(variance required) 2003-081,2017-012] detached accessory building or structure,excluding boathouses, is 70 square metres(753.5 square feet). However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. I have reviewed the development proposal and requested minor variances and I am satisfied that the application is generally consistent and does not conflict with the applicable policies of PPS 2020. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any approval authority that affects a planning matter will conform to this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. It is my opinion that the development proposal generally conforms to the applicable Growth Plan policies on the basis that the proposal represents intensification of an existing low density residential use and does not include any extensions or upgrades are required to existing services or infrastructure to support the proposed detached structure. There will be no adverse impacts on agricultural lands, natural heritage, hydrologic and Iandform systems, features and functions. Development Services September 1, 2021 Report No. DS2021-129 Page 5 of 17 Page 34 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... 3. Simcoe County Official Plan The subject property is designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. The subject property is 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. On the basis of the review of the specific policies of the Simcoe County Official Plan provided in Table 2 (below), it is my opinion that the proposal for the subject property and the requested minor variances maintain the general purpose and intent of the County of Simcoe Official Plan. However, the scale of the proposed detached garage relative to the existing single detached dwelling is beyond that which can be considered incidental or subordinate and, consequently, accessory to the dwelling. Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • The proposed detached garage will not adversely impact any existing natural heritage characteristics The goals of this Plan are: on and adjacent to the subject property. • The proposal will make more efficient use of the • To protect,conserve,and enhance the County's subject property than under existing conditions. natural and cultural heritage; • No details have been provided in the application • To achieve wise management and use of the with respect to whether water or sanitary services County's resources; will be extended to the proposed detached garage. • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • 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 not located within an existing"Settlement". 3.1 Strategy • The proposed garage is identified as accessory to the existing single detached dwelling even though The planning strategy of this Plan is based on four themes: the garage will be larger in footprint and gross floor area. • Direction of a significant portion of growth and . The proposed garage is located in an area that development to settlements where it can be maintains existing tree cover and natural heritage effectively serviced,with a particular emphasis on characteristics on the subject property and in the primary settlement areas. surrounding area. Development Services September 1, 2021 Report No. DS2021-129 Page 6 of 17 Page 35 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... • Enabling and managing resource-based • There will be no change to use of the subject development including agriculture,forestry, property as a single detached dwelling with aggregates,and tourism and recreation. accessory structures. • 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 Rural • The proposal will make more efficient use of existing land without adversely impacting the rural Objectives character or natural heritage features on and adjacent to the subject property. 3.7.1 To recognize,preserve and protect the rural character • The proposed garage is intended to be accessory and promote long-term diversity and viability of rural to the existing single detached dwelling on the economic activities. subject property. 3.7.2 To encourage maintenance,protection,and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas. Policies • The proposed detached garage is to be constructed accessory to an existing residential 3.7.3 Lands in the Rural designation shall be the focus of use. rural and agricultural land uses. • While details of the proposed uses in the detached 3.7.4 The following are permitted in the Rural designation: garage have not been provided,the structure will a)those land uses permitted in the Agricultural not be permitted for use as human habitation or designation; employment purposes under the Zoning By-Law. b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. 4. Township of Oro-Medonte Official Plan The subject property is designated "Rural Residential" on Schedule A of the Township of Oro-Medonte Official Plan. The policy analysis matrix in Table 3 (below) addresses the applicable policies. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The development proposal and requested minor variances will have no impacts on natural heritage A2.1 Natural Heritage features on the subject property and the surrounding areas. A2.1.1 Goal Development Services September 1, 2021 Report No. DS2021-129 Page 7 of 17 Page 36 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... It is the goal of this Plan to protect and enhance significant • The setback to Lake Simcoe will be maintained natural heritage features and related ecological functions in given that the proposed detached structure is the Township. located in front of the existing single detached dwelling,in close proximity to Robinson Street. A2.1.2 Strategic Objectives • No new services or infrastructure are proposed to support the accessory structure. a)To protect from incompatible development significant • There are no wetlands or Provincially Significant natural heritage features and their associated ecological and Areas of Natural and Scientific Interest located on hydrological functions. or adjacent to the subject property. 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. 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. A2.6 Growth and Settlement • The subject property is located within the "Shoreline"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 and single settlements. detached character of the property relative to d)To encourage the more efficient use of land in surrounding land uses. settlements,where appropriate. SECTION C4—RURAL RESIDENTIAL • The proposal and requested minor variances will maintain the single detached dwelling residential C4.1 OBJECTIVE character of the subject property and surrounding area by adding an accessory garage to the existing To recognize existing estate,country estate and chalet cleared and developed portion of the property. residential developments in the Township. • However,the proposed accessory structure is larger in footprint and gross floor area than the C4.2 PERMITTED USES single detached dwelling to which it will be accessory. Permitted uses on lands designated Rural Residential on the schedules to this Plan are limited to single detached dwellings,home occupations,bed and breakfast establishments subject to Section C1.3.10 and accessory uses. 5. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Rural Residential 2 (RUR2)", which permits Development Services September 1, 2021 Report No. DS2021-129 Page 8 of 17 Page 37 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... single detached dwellings and accessory buildings/structures. This application includes the following minor variances to permit a proposed detached accessory garage at the front of the subject property: 1 . To permit detached accessory building in the front yard; 2. To permit maximum height of a detached accessory building or structure, except boathouses, greater than 4.5 metres (5.8 metres proposed); 3. To permit maximum lot coverage for all detached accessory buildings on a lot greater than 5% (6% proposed); and 4. To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (162.6 m2 proposed). This application is based on the proposed detached garage being accessory to the existing single detached dwelling. There are already two small one-storey detached structures that are accessory to the dwelling, with the proposed garage representing a third. However, the proposed detached garage is significantly larger than the two existing accessory structures, and will be greater in floor area and lot coverage than the principle dwelling itself. There are also no details provided as to how each of the two floors in the proposed structure will be used. For these reasons, it is my opinion that the proposed detached garage does not satisfy the definition of "Accessory Building or Structure" under the Zoning By-Law as it will not be "naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot". It is my opinion that the location of a detached accessory structure in the front yard and 8.8 metres from the front property line can conform to the general purpose and intent of the Zoning By-Law. However, in this case, the proposal will result in a detached structure in the front yard that is larger than the principle dwelling on the property and will be located significantly closer to the neighbouring property to the north than the existing dwelling. The result will be that the detached garage will significantly alter the built form character on the property. It is my opinion that allowing a detached structure of this size in the front yard of a detached dwelling does not maintain the general purpose and intent of the Zoning By-Law. The requested height of 5.8 metres is a significant increase above the maximum permitted of 4.5 metres and will also allow for gross floor area than more than doubles what is permitted under the prevailing zoning regulations. This minor variance will facilitate construction of a detached structure on the subject property that is larger in footprint and floor area than the principle dwelling within 2.3 metres of the north property line. It is my opinion that this minor variance does not maintain the general purpose and intent of the Zoning By-Law. The requested minor variance to permit maximum floor area of 162.6 m2 includes through 81 .3 m2 on both the ground floor and second floor. The application indicates Development Services September 1, 2021 Report No. DS2021-129 Page 9 of 17 Page 38 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... that the ground floor will be used for parking of vehicles and the second floor will be used for storage purposes. No sanitary or kitchen facilities will be provided on either floor and human habitation is not permitted under the prevailing zoning regulations. However, the ground floor alone exceeds the maximum of 70 m2 and the floor area of the second storey has not been reduced in any way to reduce the total gross floor area of the structure. The result will be a detached structure that is larger in lot coverage and floor area than the principle dwelling. It is my opinion that this minor variance does not maintain the general purpose and intent of the Zoning By-Law. The existing detached structures cover a small amount of area on the subject property and are one-storey in character. The addition of the proposed detached garage will increase the lot coverage of the detached structures to greater than the maximum 5% permitted. A detached garage with a smaller footprint, one storey or reduced second storey would be able to comply with this zoning regulation. Therefore, it is my opinion that this minor variance does not maintain the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? No. The development proposal and requested minor variances will facilitate construction of a detached accessory building that is larger in lot coverage and gross floor area than the principle dwelling on the property. The proposed two-storey massing and height of 5.8 metres will also be similar to the principle dwelling as opposed to incidental and subordinate to the dwelling. The built form character of the property will be significantly altered by the proposed height, floor area and lot coverage of the detached garage, particularly due to its location in the front yard, close to Slalom Drive and only 2.3 metres from the property to the north. Development Services September 1, 2021 Report No. DS2021-129 Page 10 of 17 Page 39 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... Do the variances conform to the general intent and purpose of the Zoning By-law? No. In general, it is my opinion that the proposed detached garage does not satisfy the definition of "Accessory Structure" set out under the Zoning By-Law due to the proposed height, floor area and lot coverage relative to the principle dwelling, as well as its context in the front yard and in close proximity to the existing dwelling on the property to the north. Are the variances desirable for the appropriate development of the lot? No. The minor variances do not maintain the general purpose and intent of the Official Plan and Zoning By-Law and facilitate construction of a detached structure that is not subordinate or accessory to, and is larger in footprint and floor area than, the single detached dwelling. The construction of the proposed detached structure in the front yard and in close proximity to the north property line will significantly change the built form characteristics on the subject property. Are the variances minor? No. The requested height and floor area are significantly greater than the prevailing zoning regulations and will result in construction of a structure that is not subordinate or accessory to the existing single detached dwelling. The detached structure will also significantly increase the percentage of the lot covered by accessory structures, resulting in a total lot coverage exceeding the maximum of 5% permitted. Finally, the minor variance to permit this large detached structure in the front yard of the detached dwelling will significantly change the character of the subject property relative to the public realm and neighbouring properties. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services September 1, 2021 Report No. DS2021-129 Page 11 of 17 Page 40 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... 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 to the application. • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Building Division — No comments. • Letter of Objection —Al Woodward, Owner of 70 Slalom Drive. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2021-A-47 be denied, on the basis that the application does not meet the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services August 26, 2021 Andria Leigh, Director Development Services August 26, 2021 Development Services September 1, 2021 Report No. DS2021-129 Page 12 of 17 Page 41 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map Zone Description Area RUR2 Rural Residential Two Zone 1 844 rn` RUR2 + ARri Map Layers. I III till J .nr RIF2 � F:f IR2 I I if A'RfJ o� $ rf-fR2 Rrlr..- II I III I III - I III i II FI A'RU F:I f F` FII R1 It EP PR'S8 R1 RI Schedule 2: Aerial Photo RUR2 Map Layers— RUR2 RUR2 RUR2 c Development Services September 1, 2021 Report No. DS2021-129 Page 13 of 17 Page 42 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos F Looking North along Slalom Drive Existing Single Detached Dwelling and Accessory Building r Location of Proposed Accessory Building Existing Tent Storage Area -------------------- III' I zA _: Neighbouring Property to South Neighbouring Property to North Development Services September 1, 2021 Report No. DS2021-129 Page 14 of 17 Page 43 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan rt7 tiro :D 3 o vVN 6. r- � r 97 {J 3 n Development Services September 1, 2021 Report No. DS2021-129 Page 15 of 17 Page 44 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings II I I 11 Development Services September 1, 2021 Report No. DS2021-129 Page 16 of 17 Page 45 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... sro� Vr�r_w - n 1i f A I 1 Development Services September 1, 2021 Report No. DS2021-129 Page 17 of 17 Page 46 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-47(Boyce) Date: August 21,2021 9:50:15 AM Kendra Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 47 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... From: McCartney,Garry To: Planning Cc: Wilson,Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-47(Boyce) Date: August 21,2021 8:26:52 AM Attachments: 202109 01-Notice of Public Hearing(2021-A-47)Boyce.pdf The Building Division has no comments at this time. Thank you, Page 48 of 618 5.a) 4.30 p.m. DS2O21-129, Michael Barton, Township Planning Consultant ... From: Saunders,David To: Ceretti,Kendra Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-47(Boyce) Date: August 19,2021 10:30:35 AM 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. Regards Page 49 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... From: Al Woodward <albie.woodward@gmail.com> Sent: August 20, 2021 9:06 PM To: Planning<Planning@oro-medonte.ca> Cc: albie.woodward@gmail.com Subject: Application 2021-A-46 Objection Dear Council, My name is Al Woodward, owner of property at 70 Slalom Dr. since early 1990's. My objections to the proposed "garage" are several fold. To begin, I submit this is not an application for a garage but a full blown house addition. The garage may or may not occupy the ground floor but the second floor will soon morph into full living quarters (bedrooms. bath and shower etc.) once permits are obtained and inspections complete. Garage doors could easily disappear and the so called garage could become a family room or additional bedrooms. I have seen this happen before and once the overall structure is in place, the possibilities are endless. A closed in walkway to the existing structure would only have to be 2.4 metres per the attached diagram. At this point neighbours will have NO recourse. The building is up and renovations can begin. Possible future sale as a 2000 sq ft home with double garage is also not out of the question and a distinct possibility! Specifically, relief is being sought for four (4) significant sections of the Zoning By-law 97-95 It is to be erected in the front yard in complete contravention of code. One has NO idea of finishes etc. or what the curb appeal of this huge two storey structure will be. The amateur pencilled sketches submitted under "Elevation Drawings" do not inspire confidence nor do they provide any clue as to how this will look from the road or whether it will fit with the aesthetics of the neighbourhood. The height is some 1.3 metres higher than allowed -a full 29 %variance from that permitted. (Which I suspect Is to allow a full living quarters second floor) . Be assured one does not need a full second floor for garage storage. Requested lot coverage variation for a detached accessory building is not out of line but I return to my submission that Page 50 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... this is a submission for a house addition disguised as an application for a garage.What is the allowed coverage for the main residence which I believe this is. Finally, the variance to the maximum floor area for a detached accessory building (garage) is MORE THAN TWICE THAT ALLOWED. 2.32 TIMES AS LARGE TO BE EXACT!, By my calculations the existing house is some 53.6 sq. metres. REQUESTED APPROVAL IS FOR 162.6 METRES- MORE THAN 3 TIMES THE SIZE OF THE EXISTING STRUCTURE!! Let me be clear. I would not object to a true single storey garage application to be constructed in the back yard. However in this case, it is my sincere hope that Council will see this for what it is. A blatant attempt to gain approval for a full blown huge house addition larger than the existing structure disguised as an application for a large two storey garage. Granting approval in this case would set a dangerous precedent for the Township. Such blatant disregard for Zoning By-laws for all intents and purposes make them meaningless. Thank you for your attention in this matter Al Woodard 70 Slalom Dr. Mailing address 413689 Baseline Rd Priceville, Ont. NOC1KO Page 51 of 618 5.a) 4.30 p.m. DS2021-12§eM 11B#WrP Mro P%A (Pbfi4tflPant ... 5a) Additional correspondence received From: Al Woodward To: Plannina Subject: Re:Application 2021-A-46 Objection Date: August 28,2021 1:09:32 PM Addendum to objection: Please note that my original objections did NOT include: Septic tank capacity. i am confident the second storey of this proposed garage will become bedrooms which the existing septic system may NOT support. By applying for the building of a garage and subsequently renovating the second storey to sleeping quarters post inspection approval, the applicant avoids any septic zoning by-laws and environmental concerns. Kindly add this to my list of objections as to why this application should NOT go forward. Al Woodward 70 Slalom Dr. On Fri,Aug 20, 2021 at 9:06 PM Al Woodward<albie.woodward&gmail.com>wrote: Dear Council, My name is Al Woodward, owner of property at 70 Slalom Dr. since early 1990's. My objections to the proposed "garage" are several fold. To begin, I submit this is not an application for a garage but a full blown house addition. The garage may or may not occupy the ground floor but the second floor will soon morph into full living quarters (bedrooms. bath and shower etc.) once permits are obtained and inspections complete. Garage doors could easily disappear and the so called garage could become a family room or additional bedrooms. I have seen this happen before and once the overall structure is in place, the possibilities are endless. A closed in walkway to the existing structure would only have to be 2.4 metres per the attached diagram. At this point neighbours will have NO recourse. The building is up and renovations can begin. Possible future sale as a 2000 sq ft home with double garage is also not out of the question and a distinct possibility! Specifically, relief is being sought for four(4) significant sections of the Zoning By-law 97- 95 It is to be erected in the front yard in complete contravention of code. One has NO idea of finishes etc. or what the curb appeal of this huge two storey structure will be. The amateur pencilled sketches submitted under"Elevation Drawings" do not inspire confidence nor do they provide any clue as to how this will look from the road Page 52 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... or whether it will fit with the aesthetics of the neighbourhood. The height is some 1.3 metres higher than allowed- a full 29 % variance from that permitted. (Which I suspect Is to allow a full living quarters second floor) . Be assured one does not need a full second floor for garage storage. Requested lot coverage variation for a detached accessory building is not out of line but I return to my submission that this is a submission for a house addition disguised as an application for a garage. What is the allowed coverage for the main residence which I believe this is. Finally,the variance to the maximum floor area for a detached accessory building (garage) is MORE THAN TWICE THAT ALLOWED. 2.32 TIMES AS LARGE TO BE EXACT!, By my calculations the existing house is some 53.6 sq. metres. REQUESTED APPROVAL IS FOR 162.6 METRES - MORE THAN 3 TIMES THE SIZE OF THE EXISTING STRUCTURE!! Let me be clear. I would not object to a true single storey garage application to be constructed in the back yard. However in this case, it is my sincere hope that Council will see this for what it is. A blatant attempt to gain approval for a full blown huge house addition larger than the existing structure disguised as an application for a large two storey garage. Granting approval in this case would set a dangerous precedent for the Township. Such blatant disregard for Zoning By-laws for all intents and purposes make them meaningless. Thank you for your attention in this matter Al Woodard 70 Slalom Dr. Mailing address 413689 Baseline Rd Priceville, Ont. NOC1K0 Page 53 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... �4 � z o ' c B [y o � x EA w Oho S o U O N � C J U Q 3 t N O N (D > N _ E O O 0 N(6 �� � O tiQ0 a) . . . . 0 _ 'C 0O . . O O C� E i N 10� O U Page 54 of 618 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... �4 AAA U � � Q (6 N ((U } i a) © .r CD N 0) 9 o CO a� L L L Q� D 0 Q LO • O CD LO L6 r- :3 c ti tii5 CO CO L In N r L U U) d N (� � � N U) -0 N -0 -0 0 -6 N 2 7 N � N IAA N CD N (0 0 O 0- 0 a- f( U CO M CL0 CO CO Q � m ao v a ° CO Ce � cQ U OL 0000 2OD CD 2O t o N c 0ILO Q a- -1 0 a. a- CLrODNGD � r Q D U (D = O '- o U N � °1 0 (U .2 o a� N O as ,� > L -0 U) J "2 t O co C1 O U O (Do ,° LO Nc r, U o ti N (D E E E U) x w X x U' O 0) ' (D 0) �^? 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I ,:t =�r �! �'� '�� A �_ � i � �'i • �' � � _ �`�•! rs y �l �� —+�k.s_ "M; � r .�. A4 �3�`..gyp - • �{p �. §q_ �6� R • {e r ' —'� • ..._. � .. ... Vie:,_ • .r•y�� -'Vert +a+'yy.�..,1. .� n �� ��\�. .. 3g�" I. b `.t ,�i.nrs:'v�.� �� �Ati ��� ��, � ��1 5.a) 4.30 p.m. DS2021-129, Michael Barton, Township Planning Consultant ... T U O Q (6 U) a) 0) 0) 0 m -= CU O _0 n -o E O O -0 CU V l T X O � O ti l0 T O Cl. T L i -0 O N CU O O 0) U N � 0 " � > CU CU 0 U -0 Q O U) CU 0 a� N CU LO = o N > -a O O -0-0 -0 0 cUCn � � � .to LO i 1. O 0 T O -0 � 0 N O O O O E E N \ 0 E ° � :3E Z, O ENo O U G� Q (6 w E 3 m Page 61 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2021-135 Development Services Committee Catherine McLean, Intermediate Planner Meeting Date: Subject: Motion # September 1, 2021 Consent Application 2021-B-29 and Minor Variance Application Roll #: 2020-A-48 by 12 West Holdings R.M.S. File #: 4346-020-004-09400 Inc. D10-59775 1750 Warminster Sideroad D13-59776 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2021-135 be received and adopted; 2. That Consent Application 2021-B-29 by 12 West Holdings Inc., to create a residential lot on the lands municipally known as 1750 Warminster Sideroad, Township of Oro-Medonte, be deferred to allow the applicant time to address the comments received from the Township's Building, Planning, Development Engineering, Operations and Environmental Services Departments, as well as the Ministry of Transportation. 3. That Minor Variance Application 2021-A-48 by 12 West Holdings Inc., specifically to permit a severed lot with a minimum lot area 0.1672 hectares (0.41 acres) and to permit a minimum required rear yard setback of 2.5 metres (8.2 feet) on the lands municipally known as 1750 Warminster Sideroad, Township of Oro-Medonte, be deferred to allow the applicant time to address the comments received from the Township's Building, Planning, Development Engineering, Operations and Environmental Services Departments, as well as the Ministry of Transportation. 4. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background: Property Information The property is located at 1750 Warminster Sideroad. The lot is approximately 42.1 hectares (104.12 acres) in size, contains several detached accessory buildings and is currently under agricultural production. The south east corner of the property is located in the Warminster settlement area and the properties to the north and west of the subject lands consist of Development Services Committee September 1, 2021 Report No. DS2021-135 Page 1 of 17 Page 62 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... agricultural uses. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Consent Application 2021-B-29 The purpose of Consent Application 2021-B-29 is the creation of a new lot and an easement over the retained lands to facilitate vehicular access for future development. The details of the proposed consent (severance) are: Lands to be Severed: Proposed Easement: Lands to be Retained: Frontage: Approximately 53.0 m Approx. 6.0 m (19.6 ft.) Approx. 593.0 m (1,945.5 173.9 ft. ft. Depth: Approximately 32.5 m Approx. 32.5 m (106.6 ft.) Approximately 610.0 m 106.6 ft. 2,001 .3 ft. Area: Approximately 0.17 ha Approx. 0.02 ha (0.05 Approximately 41.94 ha 0.43 ac. ac.) (103.64 ac. Use: Future Residential Easement to facilitate Agricultural vehicular access for future development. *The agent indicated that the easement will not be required as the driveway will be located off Warminster Sideroad. Minor Variance Application 2021-A-48 The lands are also the subject of a related Minor Variance Application 2021-A-48. The applicant is proposing to sever lands and is seeking relief from the following sections of Zoning By-law 97- 95, as amended: Table B1 — Minimum lot area in the Residential One (R1) Zone Required: Proposed: 0.2 hectares (0.49 acres) 0.1672 hectares (0.41 acres) Table B1 — Minimum required rear yard in the Residential One R1 Zone Required: Proposed: 7.5 metres 24.6 feet 2.5 metres 8.2 feet The applicant's severance sketch and site plan are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial Development Services Committee September 1, 2021 Report No. DS2021-135 Page 2 of 17 Page 63 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... interest related to land use planning and development. Specifically, Section 1.1.3 — Settlement Areas is applicable to this application. Section 1.1.3.1 speaks to settlement areas being the focus of growth and development. Since the proposed development would result in the creation of a new residential lot within the Warminster settlement area, the proposed consent and associated variances are considered to be consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 - Managing Growth is applicable to this application and states that development should be directed to settlement areas. Since the proposed development would result in the creation of a residential lot within a settlement area (Warminster), the proposed severance and associated minor variances are considered to conform to the Growth Plan. Nottawasaga Valley Conservation Authority Portions of the property are regulated by the Nottawasaga Valley Conservation Authority (NVCA). The regulated area includes the woodland in the north west corner of the retained lands; however, no significant natural heritage features were identified on the subject lands. As of the preparation of this report, Planning Staff have not received comments from the NVCA. Committee members should have regard to any NVCA comments that may be received. County of Simcoe Official Plan The subject lands, including the portion to be severed, are designated Agricultural and Settlements in the County of Simcoe's Official Plan, see Schedule 5 to this report. As per Section 3.2.12, "local municipalities will delineate the boundaries of settlement areas in their official plans based on what is shown on Schedule 5.1 of this Plan". However, the settlement area boundary identified in the County's Official Plan, does not line up with the settlement area boundary identified in the Township's Official Plan mapping. Planning Staff have contacted the County and are awaiting feedback on the interpretation of the settlement area boundary. Committee members should have regard to any County comments that may be received. Based on the above, Planning Staff cannot confirm whether the applications conform to the County of Simcoe's Official Plan. Township of Oro-Medonte Official Plan The subject property is designated Agricultural and Rural Settlement Area in the Township's Official Plan, see Schedule 6 to this report. The portion of the lands to be severed is designated Rural Settlement Areas. The objectives of this designation are: • To maintain and create attractive communities with suitable amenities. • To ensure that settlement areas are developed in a logical and cost-effective manner. In Planning Staff's opinion, the proposed severance does not consider the overall development this portion of the Warminster settlement area as the proposed severance would Iandlock the remaining lands which are zoned for future residential development. Development Services Committee September 1, 2021 Report No. DS2021-135 Page 3 of 17 Page 64 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... Permitted uses within the Rural Settlement Areas designation include low density residential uses. Beyond these provisions, the Rural Settlement Areas designation is silent with respect to the severance of land in the Warminster Settlement Area. Nevertheless Section A4.2.3 and Section A5.2 of the Official Plan states that approved development in Warminster will be connected to the existing municipal water systems and serviced by private septic systems. On this basis, Planning staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed application for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1, "New Lot by Consent — General Criteria": a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed and retained parcels would front onto a Township road, specifically Warminster Sideroad, which is maintained year-round by the Township. As indicated by the agent, the easement is no longer required to provide access to the property as the driveway will be located off Warminster Sideroad. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Does not conform: The subject lands border on Highway 12. The Ministry of Transportation (MTO) indicated that they have no concerns with the severance; however, if the retained lands are to be developed in the future any additional public road intersection with Warminster Sideroad should be a minimum of 400 metres west of Highway 12. The Warminster Sideroad and Burnett Street intersection is too close to Highway 12 and the MTO would not approve it to be the sole access point for development of the retained lands in the future. Should the area proposed to be an easement become a road, it would not comply with the MTO's minimum 400 metres setback from the Highway. As mentioned above, Planning Staff have concerns that this proposed severance is premature as it does not account for the future development of the retained lands and would result in future residential lands being landlocked. Planning Staff would like to see the applicant's overall plans detailing how the remainder of the lands that are designated Rural Settlement Area on the applicant's land holdings are proposed to be developed. c) Will not cause a traffic hazard,- Conforms- Upon site visit, Planning Staff noted that the severed parcel would require a new municipal entrance. No traffic concerns have been identified by the Operations Department, but the applicant will be required to obtain an Entrance Permit for the new entrance. Furthermore, the Operations Department requires a 3.0 metre road widening along both the severed and retained parcels on Warminster Sideroad as this road has been identified in the Road Network Plan as a collector road requiring a 23.0 metres road allowance. Development Services Committee September 1, 2021 Report No. DS2021-135 Page 4 of 17 Page 65 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Does not conform: The applicant submitted a Minor Variance application requesting a reduced lot size of 0.1672 hectares (0.41 acres) rather than the required 0.2 hectares (0.49 acres) in the Residential One (R1) Zone and a reduced rear yard setback of 2.5 metres (8.2 feet) rather than the required 7.5 metres (24.6 feet). The Township's Operations Department has requested a 3.0 metre road widening along both the severed and retained parcels on Warminster Sideroad. As a result of the road widening, the lot size of the severed parcel will be smaller than originally requested in the Minor Variance application. The existing agricultural use on the retained lands and the proposed residential use on the severed lands are permitted and compatible with the adjacent residential uses to the east and south and with the adjacent agricultural uses to the north and west. e) Can be serviced with an appropriate water supply and means of sewage disposal; Does not conform: As per the comments received from the Township's Building Division, the applicant is required to provide the proposed building and sewage envelopes complete with dimensions including any/all surrounding well locations. This information is required prior to the consideration of the severance as the applicant is requesting a reduced lot size that will be further reduced by the requested 3.0 metre road widening along Warminster Sideroad. The Township's Environmental Services Department indicated that connection to the Warminster Municipal Drinking Water System would require the applicant to pay the applicable Warminster Water Development Charges along with the submission of detailed site plans, including proposed connection details, to be submitted for further review, consideration and comment by Environmental Services. f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The proposed dwelling on the severed lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission to ensure that water drainage resulting from the proposed residential use will be mitigated on the subject lands and will not impact neighbouring lots. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Does not conform: The severed lands are designated Rural Settlement Area. The lands to the north of the severed lands are also designated for future residential development; however, the proposed severance would restrict the development of those lands as they would become landlocked. Development Services Committee September 1, 2021 Report No. DS2021-135 Page 5 of 17 Page 66 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conforms- Schedule B — Natural Features of the Township's Official Plan did not identify any natural heritage features on the severed or retained lands. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- The applicant will be required at the time of building permit submission to meet all requirements for septic system installation and connection to the Township's Warminster Municipal Drinking Water System. No groundwater concerns have been identified by the Township and external agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Does not conform: Planning Staff have concerns with the ability of this application to meet: • 51(24) (b), specifically, "whether the proposed subdivision is premature or in the public interest" —the proposed severance would result in a portion of the lands proposed for future residential development to become landlocked; • 51(24) (c), specifically, "whether the plan conforms to the official plan and adjacent plans of subdivision, if any" — the proposed severance and associated variances do not conform with the Official Plan as explained in the preceding sections. Based on the above, Planning Staff are not in a position to conclude whether the applications conform to the Township's Official Plan or the Planning Act, until such time that the applicant addresses the comments received from the applicable Township Departments and external agencies. Zoning By-law 97-95 The subject lands are zoned Agricultural/Rural (A/RU) and Residential One (R1) in the Township's Zoning By-law 97-95, as amended, refer to Schedule 7 of this report. The lands proposed to be severed are zoned Residential One (R1). As per Table Al , single detached dwellings are permitted in the Residential One (R1) zone. The applicant is seeking relief from the Zoning By-law to permit a reduced lot area of 0.1672 hectares (0.41 acres) rather than the required 0.2 hectares (0.49 acres) and a reduced rear yard setback of 2.5 metres (8.2 feet) down from the required 7.5 metres (24.6 feet). These variances will be examined in more detail in the following sections. Development Services Committee September 1, 2021 Report No. DS2021-135 Page 6 of 17 Page 67 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? As described above, the subject lands are designated Agricultural and Rural Settlement Area in the Township's Official Plan. The portion of the lands to be severed is designated Rural Settlement Areas which permits low density residential uses. As described in the preceding section, the Rural Settlement Area designation seeks to: maintain and create attractive communities with suitable amenities, and to ensure that settlement areas are developed in a logical and cost-effective manner. Planning Staff have concerns that the proposed severance does not consider the overall development in this section of the Warminster settlement area as the proposed severance would result in the lands zoned for future residential development becoming landlocked. For this reason, Planning Staff are not satisfied that the proposed variances associated with the new lot creation conform to the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? As described above, the subject lands are zoned Agricultural/Rural (A/RU) and Residential One (R1) in the Township's Zoning By-law 97-95, as amended. The retained lands comply with both the minimum required lot area and the minimum required lot frontage in the A/RU Zone. In accordance with Table B1 , the severed lands, which are zoned Residential One, are required to have a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). The applicant has requested a minor variance to permit a lot area of 0.1672 hectares (0.41 acres). Due to the requested 3.0 metre road widening along both the severed and retained lands on Warminster Sideroad, the severed parcel size will be smaller than originally requested in the Minor Variance application. The Zoning By-law's minimum lot frontage and lot area requirements are intended to ensure that there is adequate space on the lot to fit a dwelling, septic system and driveway, with appropriate setbacks to the neighbouring dwellings, as well as to maintain the character of the existing rural settlement area. As requested from the Building Division, the applicant is required to provide the proposed building and sewage envelope complete with dimensions including any/all surrounding well locations. This information is required prior to the consideration of the severance as the applicant is requesting a reduced lot size that will be further reduced by the requested 3.0 metre road widening along Warminster Sideroad. Development Services Committee September 1, 2021 Report No. DS2021-135 Page 7 of 17 Page 68 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... In addition to the variance listed above, the applicant requested a Minor Variance to reduce the minimum required rear yard setback from 7.5 metres (24.6 feet) to 2.5 metres (8.2 feet) as they want the rear yard to be considered the east side of the lot. Due to the fact the lot size will have to be further reduced to accommodate the required road widening, Planning Staff are not currently in a position to state whether the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon further research, Planning Staff noted that the proposed variance for a reduced lot area on the severed lands is not out of character for the area. The five residential lots located to the east of the subject lands were granted a variance in 2018 to permit a minimum lot size of 0.15 hectares (0.39 acres), which is slightly smaller than the proposed lot size of 0.1672 hectares (0.41 acres). Comments were received from the Township's Building Division indicating that due to the reduced lot size, the applicant is required to provide the proposed building and sewage envelopes complete with dimensions including any/all surrounding well locations to ensure that that there is adequate space on the severed lands to fit a dwelling, driveway and septic system. Building's comments and concerns must be addressed prior to consideration of the severance. Given the comments from the Building Division, Planning staff are not in a position at this time to comment on whether the variances are desirable for the appropriate development of the lot. Are the variances minor? As mentioned above, additional information is required to be submitted to the Township to address the comments and concerns. Therefore, Planning Staff are not in a position to address whether the minor variances are minor in nature. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services Committee September 1, 2021 Report No. DS2021-135 Page 8 of 17 Page 69 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... 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: • Township Building Division — Due to reduced lot size, applicant to provide proposed building and sewage envelope complete with dimensions including any/all surrounding well locations. • Township Infrastructure and Capital Projects — Operations will require a 3.0 metre road widening along both the severed and retained parcels on Warminster Sideroad. This road has been identified in the Road Network Plan as a collector road requiring a 23.0 metre road allowance. • Township Development Engineering: o 2021-A-48: ■ No Objection to the Minor Variance Application 2021-A-48; ■ An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. o 2021-13-29: ■ The Proposed Easement to Facilitate Vehicular Access for Future Development of 6.Om is the width of a double driveway and inadequate for multi-lane vehicular access into a multiple lot severance / development scenario, which has been the proponents interest for the future development lands to date, ■ Development discussions / considerations for the Subject Lands for which the easement would benefit have been on-going and the need for an appropriate and fulsome engineering design, road network and lot fabric have been requested; ■ A detailed submission as to the proposed development within the identified future development lands and access to same by way of a proposed 20.Om wide road allowance vs. a 6.Om Easement should be provided. ■ Development Engineering would suggest that this Application be held over until the issues identified above are addressed. • Township Environmental Services — Should the applicant wish to connect to the Warminster Municipal Drinking Water System, applicable Warminster Water Development Charges would be applied and detailed site plans, including proposed connection details Development Services Committee September 1, 2021 Report No. DS2021-135 Page 9 of 17 Page 70 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... would need to be submitted for further review, consideration and comment by Environmental Services. • Ministry of Transportation (MTO) — No concern with the severance but I'd like to suggest that if retained lands are to be developed in the future some of it is within MTO permit control area, and additional public road intersection with Warminster SR should be submitted for MTO review (it should be a minimum of 400m west of Hwy 12). The Warminster SR/ Burnett St. intersection is very close to Hwy 12, and MTO would not approve it to be the sole access point for development of retained lands in the future. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Severance Sketch Schedule 4: Applicant's Site Plan Schedule 5: County of Simcoe Official Plan — Land Use Schedule 6: Township Official Plan — Land Use Schedule 7: Existing Zoning Conclusion: Based on Planning Staff's analysis of these applications it is Staff's recommendation that Consent Application 2021-B-29 and Minor Variance Application 2021-A-48 be deferred to allow the applicant time to address the comments received from the Township's Building, Planning, Development Engineering, Operations and Environmental Services Departments, as well as the Ministry of Transportation. Respectfully submitted: Catherine McLean, RPP, Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services August 26, 2021 Andria Leigh, Director Development Services August 26, 2021 Development Services Committee September 1, 2021 Report No. DS2021-135 Page 10 of 17 Page 71 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... Schedule 1: Location Map vaa�r•Ra .Flnonston Ad. �seah�NaIkY�t. a T m4ta.r do. Bane V tr Cheslock Cres. LL Demont.Dr. 12 ,re S. IU f0 Cfl fll� Cn Wallis Dr. v C i m Wa rrn i nster_5rd. F1 rA r U O C M Q' Liy r �+ N N c � Y a d Schedule 1 Location Township of ® Subject Lands �W Proud Herftg'e,Exciting Future a 300 m File Number:2021-A-48l2021-B-29 v I 1 1 Development Services Committee September 1, 2021 Report No. DS2021-135 Page 11 of 17 Page 72 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... Schedule 2: Aerial Photo �eeescee!�e. r: es a-w i1. . Id. r .1�- l . Demont Dr. I 3 Warminster Srd. ,0 r Schedule 2 Aerial Photo Township n� In Subject Lands Proud Heritage,Exciting Future 0 200 m File Number.2021-A-4812021-B-29 N Development Services Committee September 1, 2021 Report No. DS2021-135 Page 12 of 17 Page 73 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... Schedule 3: Applicant's Severance Sketch PART ? I � I 1 i�gaxr r Proposed lands I `�` ;' to be retained - I PLAN 5h9—V50 m I I I I . w M I -AAT Z r•aY z I �* PART 5 7 z l ' 1 i o PART Q y M I I II r I I PART 3 I Proposed easement to g A facilitate vehicular 'a I access for future ik �' a T " I development MY'e'IU� S!c_ I _ , I Proposed lands to be severed PART 7 Wt17'i;'E-4 7 �� c�..:!N I HQAa: Al I OWANCLF HF rtivFt r+ 1015 s AN13 6 IMN 74=9—core (Un IPA R T 6 c4nv,%An val4mINr rr'.r-znnn Schedule 3 Applicant's Severance Sketch ' ► 0 r� o�t�. File Number: 2021-A-4812021-B-29 Prrtid Heritage,E.rciiirrp Future Development Services Committee September 1, 2021 Report No. DS2021-135 Page 13 of 17 Page 74 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... Schedule 4: Applicant's Site Plan I i PART 3 11B(G; la W o PART 1 Z PIN 7405 5-0110(LT) N 'J i'S ,9 B N58'12'40'E O � `_ iB(c3 � LL fi,GO 53.00 r, NSBY 2'40°E 53.00N�) ie(G7 M N 7.50 3 PART 1 PART 1 ! 5 167 7 50 2.05 5q.m. Ph 7�9-01U9(LT) 4 P =s -- — ----- z =•" 6 OG a 0.0 •- -- _43.00--s-.- .s 43.001—) PART 2 'B N 58' Ir na" E PART E KNOWN AS '6ARVIN'-� ER SDI EROAD (GRIGINAL ROAD A-LOWANGE BETWEEN LOTS 5 AND 8) PH 74D59-0002(LT) Schedule 4 Applicant's Site Plan File Number:2021-A-4812021-B-29 Proud Heritage,Exciting Future Development Services Committee September 1, 2021 Report No. DS2021-135 Page 14 of 17 Page 75 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... Schedule 5: County of Simcoe Land Use -VasJRd: no nston Rd E7¢n:¢aM1�¢•Ya kY�Rd. Id. i.Rd. N C IV T i Ina 1119dde1R E hesiock Cres. . emont.Dr. �y w 12 �i, Cres. I1 I11 I° N WallisN �Dr. 1 C E� m Wa rm i nster_S rd'��� IY LI �f Z U M Q O '— 3 m m o a; _ k al ld) :::�L—:4 o a x Schedule 5 County of Simcoe — Land Use A;Fooss Sub ect Lands �" 1 Agricultural Settlements Greenlands CCCJ��� Proud[/Heritrzge,Exciting Future 0 300 m File Number:2021-A-4812021-B-29 'V' I,i 1 Development Services Committee September 1, 2021 Report No. DS2021-135 Page 15 of 17 Page 76 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... Schedule 6: Township Official Plan — Land Use YasaY'Rd:— �,00�s�mn! r Horseah'a�VTIkY lid, I;e.ied., ti C ,a V Chesloc-Cres. FFT Demont_Dr. S zp/ 'in tCres. c7 d N Sian_Dr.— Wal His�,$tLLU :, c 3 Wa mi`nster- rd. m y G C O z Merrington-Ave. T o Y ; v � g Rol5bins_Dr. ' Q c o` d Henry Ball'Ct. `m=Henry-BaII_ct. Grac U N a w Y Schedule 6 Township Official Plan - Land Use 1.*Subject Lands h s'4 T of w�p f �?tf�i Agricultural -Rural Settlement Area Proud Heritage,Exciting Future 0 400 m File Number:2021-A-4&2021-B-29 N I I I I I Development Services Committee September 1, 2021 Report No. DS2021-135 Page 16 of 17 Page 77 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... Schedule 7: Existing Zoning Yasa/•Rdr d.—ton Ad.L raesli e•Ya bYfe.e A/RU } T 11IFIge Rid R1 AfRU Demont Dr. Rl R1 n LC*177 R1 Rd i 3 In r a Warminster Srd. OS*266 OFF Rl*198 R1 a � � C Ri*265 A/RU*15 G R1 N Rl = RL*265 d R1*265 Q, y J .AfRU � � � R1 Y Schedule 7 10%Existing Zoning 0 R1(Residential One) f qw you reship o 0 LC(Local Commercial) /� �� 0 A/RU(Agricultural/Rural) l� �Subject Lands Proud Heritage,Exciting Future 0 os(Open space) I(Institutional) 0 2200 m File Number:2021-A-48l2021-B-29 Development Services Committee September 1, 2021 Report No. DS2021-135 Page 17 of 17 Page 78 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-48,and Public Hearing for Consent Application 2021-13-29(West Holdings Inc.) Date: August 21,2021 9:48:22 AM Kendra Operations will required a 3.Om road widening along both the severed and retained parcels on Warminster Sideroad. This road has been identified in the Road Network Plan as a collector road requiring a 23.Om road allowance. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 79 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... From: McCartney,Garry To: Planning Cc: Wilson,Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-48,and Public Hearing for Consent Application 2021-13-29(West Holdings Inc.) Date: August 21,2021 8:50:07 AM Attachments: 202109 01-Notice of Public Hearing(2021-A-48) 12 West Holdings Inc..pdf 202109 01-Consent Notice of Hearing(2021-13-29) 12 West Holdings Inc..pdf Building Division comments are as follows; 1. Due to reduced lot size, applicant to provide proposed building and sewage envelope complete with dimensions including any/all surrounding well locations. Thank you, Page 80 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... From: Blaney,Cameron(MTO) To: Planning Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-48,and Public Hearing for Consent Application 2021-B-29(West Holdings Inc.) Date: August 20,2021 9:57:40 AM Attachments: 202109 01-Notice of Public Hearinq(2021-A-48) 12 West Holdinqs Inc..pdf 202109 01-Consent Notice of Hearing(2021-B-29) 12 West Holdings Inc..pdf Hello, MTO has reviewed the attached severance and minor variance and have no concern with the severance but I'd like to suggest that if retained lands are to be developed in the future some of it is within MTO permit control area, and additional public road intersection with Warminster SR should be submitted for MTO review (it should be a minimum of 400m west of Hwy 12). The Warminster SR / Burnett St. intersection is very close to Hwy 12, and MTO would not approve it to be the sole access point for development of retained lands in the future. Cameron Blaney I Corridor Management Planner I Simcoe & York Highway Corridor Management Section — Central Operations 159 Sir William Hearst Avenue I Ministry of Transportation 7th Floor, Building D I Downsview, Ontario I M3M 0137 416-358-7871 Cameron.Blaney@ontario.ca Page 81 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... From:Saunders, David<dsaunders@oro-medonte.ca> Sent:August 20, 2021 10:44 AM To: Planning<Plannine@oro-medonte.ca> Cc: Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-48, and Public Hearing for Consent Application 2021-B-29 (West Holdings Inc.) Development Engineering has the following comments: 2021-A-48 • No Objection to the Minor Variance Application 2021-A-48; • An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 82 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... From:Saunders, David <dsaunders@oro-medonte.ca> Sent:August 20, 2021 10:44 AM To: Planning<Planning@oro-medonte.ca> Cc: Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-48, and Public Hearing for Consent Application 2021-13-29 (West Holdings Inc.) Development Engineering has the following comments: 2021-B-29 • The Proposed Easement to Facilitate Vehicular Access for Future Development of 6.Om is the width of a double driveway and inadequate for multi-lane vehicular access into a multiple lot severance/development scenario, which has been the proponents interest for the future development lands to date; • Development discussions/considerations for the Subject Lands for which the easement would benefit have been on-going and the need for an appropriate and fulsome engineering design, road network and lot fabric have been requested; • A detailed submission as to the proposed development within the identified future development lands and access to same by way of a proposed 20.Om wide road allowance vs. a 6.Om Easement should be provided. • Development Engineering would suggest that this Application be held over until the issues identified above are addressed. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 83 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... From: Jakobi, Michelle To: Ceretti,Kendra; Karaiskakis,Andy Cc: Robinson,Chad Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-48,and Public Hearing for Consent Application 2021-13-29(West Holdings Inc.) Date: August 23,2021 9:18:32 AM Attachments: 202109 01-Notice of Public Hearing(2021-A-48) 12 West Holdings Inc..pdf 202109 01-Consent Notice of Hearing (2021-B-29) 12 West Holdings Inc..pdf Should the applicant wish to connect to the Warminster Municipal Drinking Water System, applicable Warminster Water Development Charges would be applied and detailed site plans, including proposed connection details would need to be submitted for further review, consideration and comment by Environmental Services. Sincerely, Michelle Jakobi Director, Environmental Services Township of Oro-Medonte Page 84 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... From: Amy Knapp<aknapp@nvca.on.ca> Sent:August 25, 2021 9:42 AM To: Planning<Planning@oro-medonte.ca> Subject: NVCA Committee of Adjustment Comments for September Hearing The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the planning applications contained within this email and can offer the following for consideration: Consent — 2021-B-29 and Minor Variance - 2021-A-48- 1750 Warminster Side Road, The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the proposed applications and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to the approval of the applications. Further, staff have confirmed that the proposed development is not within: • a flood susceptible area; • a hazardous site (characterized by unstable soils or bedrock); • an erosion hazard area, or; • an area subject to this Authority's Development, Interference With Wetlands and Alterations To Shorelines and Watercourses Regulation (Ontario Regulation 172/06). • No Natural Heritage Features present Thank you for circulating these applications and please forward a copy of any decision and notice of any appeals filed for the above reference applications Sincerely, Amy Knapp I Planner III Nottawasaga Valley Conservation Authority 8195 8ch Line, Utopia, ON LOM 1TO T 705-424-1479 ext.233 I F 705-424-2115 aknapp@nvca.on.ca I nvca.on.ca I am currently working remotely as the Nottawasaga Valley Conservation Authority is taking preventative measures to limit the spread of COVID-19. You may experience some delays or disruptions as we follow recommendations of health professionals to slow the virus from spreading. This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. Page 85 of 618 5.b) 4.40 p.m. DS2021-135, Catherine McLean, Intermediate Planner re: M... September 1, 2021 Development Services Committee 5b) Additional correspondence received From: Maggo, Ishan <Ishan.Maggo@simcoe.ca> Sent: August 30, 2021 4:48 PM To: Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Cc: McLean, Catherine <cmclean@oro-medonte.ca> Subject: RE: 1750 Warminster Sideroad_2021-B-29 Hi Andy, Thank you for your email. Please be advised that the County planning staff understands and accept the interpretation of the Township that the proposed lot creation is within the settlement area boundary. We would have no concern with the severance based on its location in a settlement, however it would need legal access and assuming it also meets all local policies and zoning. Please circulate a copy of any future notices associated with this application to the attention of the County of Simcoe Planning Department via planning.notices@simcoe.co. If you have any questions or require further information, please let me know. Thank you, Ishan Maggo,AITP I M.Plan Planner II County of Simcoe, Planning Department Phone:(705)726-9300,extension-1157 Email: Ishan.Maggo@simcoe.ca Web:www.simcoe.ca Please consider the environment before printing this email. Page 86 of 618 5.b) 4.40 pp.-n. DS2- erin , Intermediate Planner re- M... kou in a' c �a J u d 3 0 Y/ N O) N _0 m o cu ca L �. 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N a) C 0 .0 a) rno � NLC C Q — C:) co 0 0 W L U pp C E 0 N U E C _0 _ L_ C a) 0 -0 N > a) 70 U c6 O co CoLO O CDco 0- C:) 76 O O -0 } 4-0 ' U�) ao� �aC) �QM Cn , > o • oc O C Co � _0 C) � Q� a � o— � 4-070 coo o o � c � E ai o � oo a) co (n cn >, — -0 � cn a) o _ �"' C C a) - C co �--� 'i a) o U c6 a) 4-1 +J N p U +� +� •� co a) }' a) C C G� cn � 'C '� o � � � _0 co N LO a) Q N LL }' N E co W M3: N 2 m c6 Page 9 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2021-130 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # September 1, 2021 Minor Variance Application 2021-A-49 by Hawkestone Roll #: Holdings Inc. R.M.S. File #: 4346-010-011-28000 77 Robinson Street D13 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-130 be received and adopted. 2. That Minor Variance Application 2021-A-49 by Hawkestone Holdings Inc., specifically for permission to build a detached garage in a front yard with a setback of 6.5 metres (minimum 7.5 metres permitted) with a maximum height of 5.09 metres (maximum 4.5 metres permitted) and a maximum floor area of 156.4 m2 (maximum 70 m2 permitted), be approved subject to the conditions as outlined in Report DS2021-130. 3. The conditions are as follows: a) That notwithstanding Sections 5.1.3, 5.1.4 and 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services September 1, 2021 Report No. DS2021-130 Page 1 of 21 Page 100 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 77 Robinson Street in Hawkestone and backs directly onto Lake Simcoe, as illustrated on Schedule 1. An aerial view of the property and its limits is provided in Schedule 2. The survey and drawings submitted by the Applicant illustrate that the property is currently occupied by a 2-storey dwelling (1,275 m2 or 2,950 ft2 of gross floor area), detached 2-car garage in the front yard (43.2 m2 or 465 ft2 of gross floor area) and detached boat house in the rear yard. These buildings are accessed from Robinson Street by a long driveway that extends along the western side of the property and runs adjacent to the large existing septic located in front of the dwelling and detached garage. The subject property has an area of approximately 2,853 m2 (30,709.44 ft2) with frontage of 23.67 metres of frontage on Robinson Street. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Settlements • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Shoreline Residential (SR) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing construction of a 3-car detached garage towards the front of the subject property, in front of the existing septic bed. The ground floor will be used for parking vehicles and will have a gross floor area of 86.95 m2 (936 ft2). There is also a proposed second floor loft area that will be used for storage and will have a gross floor area of 69.5 m2 (748 ft2), resulting in a total gross floor area of 156.4 m2 (1,684 ft2). The drawing package submitted by the Applicant includes floor plans and elevations for the proposed structure. These drawings are included in Schedule 5. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: • To permit detached accessory building in the front yard of a lot that abuts Lake Simcoe that is set back less than the minimum distance equal to the required front yard for the main building from the front line of 7.5 metres (6.5 metres proposed); Development Services September 1, 2021 Report No. DS2021-130 Page 2 of 21 Page 101 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... • To permit maximum height of a detached accessory building or structure, except boathouses, greater than 4.5 metres (5.09 metres proposed); • To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (156.4 m2 proposed). 4. Zoning Review Table 1 (below) includes a review of the applicable zoning standards. The intent of the proposal is construct a 2-storey detached garage in the front yard that exceeds the maximum permitted height and floor area for a detached accessory building or structure. The inclusion of a second storey for storage uses results in a considerable increase in total floor area relative to the ground floor area alone. However, the inclusion of a second storey does not change the proposed lot coverage. Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings,Structures and Where this By-law provides that land The proposed detached garage is an Uses[By-law 2017-0121 may be used or a building or structure accessory building per this definition. may be erected or used for a purpose, that purpose may include any detached accessory buildings, accessory structures or accessory uses located on the same lot as the primary use to which they are related.For the purposes of this by-law a retaining wall with a height of 1.0 metre(3.2 feet)or more is considered an accessory structure and is subject to the provisions of Section 5.1. 5.1.1 Uses Permitted in Detached No detached accessory building or The proposed detached garage Accessory Buildings and Structures[By- accessory structure shall be used for complies with this definition of uses law 2015-1921 human habitation or an occupation for permitted in detached accessory gain,unless specifically permitted by buildings. this By-law.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 5.1.3 Permitted locations for detached Unless otherwise specified in this By- The proposed detached garage accessory buildings and structures in law,detached accessory buildings and complies with this section of the all zones[By-law 2004-063,2015-192, structures,except boathouses,shall: Zoning By-Law on the following basis: 2017-0121 a)Not be located in the front yard. • The garage will be located in Notwithstanding this provision,a the front yard,which is detached private garage is permitted in permitted since the lot abuts the front yard of a lot that abuts Lake Lake Simcoe and provides a Development Services September 1, 2021 Report No. DS2021-130 Page 3 of 21 Page 102 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... Simcoe or Bass Lake provided it is set front yard setback exceeding back a minimum distance equal to the the minimum requirement of required front yard for the main 7.5 metres; building from the front lot line. • The location of the proposed Notwithstanding this provision,a garage will be 6.5 metres detached accessory building is from the front lot line permitted in the front yard in the (variance required); Agricultural/Rural(A/RU)Zone • The proposed garage will be provided it is not located in the located greater than 1 metre required front yard.Notwithstanding from the existing single this provision,a retaining wall with a detached dwelling and height of 1.0 metres or more is detached structure on the permitted in the front yard in all subject property;and Residential zones provided it is not • The proposed garage will within the required front yard. significantly exceed the b)Be set back a minimum distance of requirements for setback 2.0 metres(6.5 feet)from the rear lot from Lake Simcoe. line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d)Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line. Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. e)Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres(49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached 5.09 m proposed(variance required) accessory building or structure,except boathouses,is 4.5 metres(14.7 feet). 5.1.5 Maximum lot coverage The maximum lot coverage of all 4.55%proposed(1.5%for existing detached accessory buildings and detached garage+3.05%for proposed structures on a lot,excluding detached garage) boathouses,is 5 percent. 5.1.6 Maximum floor area[By-law The maximum floor area of any one 156.4 m2(variance required) 2003-081,2017-0121 detached accessory building or structure,excluding boathouses, is 70 square metres(753.5 square feet). However,on lots in the Development Services September 1, 2021 Report No. DS2021-130 Page 4 of 21 Page 103 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) Analysis: 1 . Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The development proposal and requested minor variances are consistent with the applicable policies of PPS 2020 on the basis that more efficient use will be made of the subject property and existing single detached dwelling through construction a 2-storey, 3-car garage, and will have no adverse impact on natural heritage features and surrounding land uses in the community. The subject property is also located within an existing settlement area that is appropriate for intensified land use that is compatible with existing uses on and adjacent to the property. The proposal will rely on existing services and infrastructure and require no municipal investment in extension or upgrades of municipal services. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1 .2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any approval authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. It is my opinion that the development proposal generally conforms to the applicable Growth Plan policies on the following basis: • The proposal represents reasonable intensification of an existing low density residential use located within an established settlement area; • The proposed detached structure supports an existing single detached dwelling and will allow for more efficient use of the subject property; Development Services September 1, 2021 Report No. DS2021-130 Page 5 of 21 Page 104 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... • No extensions or upgrades are required to existing services or infrastructure to support the proposed detached structure; and • There will be no adverse impacts on agricultural lands, natural heritage, hydrologic and landform systems, features and functions. 3. Simcoe County Official Plan The subject property is designated "Settlements" on Schedule 5.1 of the County of Simcoe Official Plan. The subject property is 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. On the basis of the review of the specific policies of the Simcoe County Official Plan provided in Table 2 (below), it is my opinion that the proposal for the subject property and the requested minor variances maintain the general purpose and intent of the County of Simcoe Official Plan. Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • The proposed detached garage will protect the existing natural heritage characteristics on and The goals of this Plan are: adjacent to the subject property. • The proposal will make more efficient use of the • To protect,conserve,and enhance the County's subject property without resulting in adverse natural and cultural heritage; impacts to the subject property or surrounding • To achieve wise management and use of the land uses. County's resources; • The proposed detached garage is intended to • To implement growth management to achieve support use of the subject property as a single lifestyle quality and efficient and cost-effective detached dwelling and will not result in land use or municipal servicing,development and land use; associated activities that would negatively affect • To achieve coordinated land use planning among the character of the community or public health the County's local municipalities and with and safety. 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 an existing "Settlement". 3.1 Strategy • The proposed garage will be accessory to the existing single detached dwelling and will be The planning strategy of this Plan is based on four themes: supported by existing services and infrastructure. • The proposed garage is located in an area that • Direction of a significant portion of growth and maintains existing tree cover and natural heritage development to settlements where it can be Development Services September 1, 2021 Report No. DS2021-130 Page 6 of 21 Page 105 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... effectively serviced,with a particular emphasis on characteristics on the subject property and in the primary settlement areas. surrounding area. • Enabling and managing resource-based • There will be no change to use of the subject development including agriculture,forestry, property as a single detached dwelling with aggregates,and tourism and recreation. accessory structures. • 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 proposal will make more efficient use of existing land in a"Settlement"without requiring Objectives any new services or infrastructure. • The proposed garage will be accessory to the 3.5.1 To focus population and employment growth and existing single detached dwelling on the subject development within settlements,with particular emphasis property. on primary settlement areas,in accordance 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. 4. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 (below) addresses the applicable policies. It is my opinion that the proposal for the subject property and the requested minor variances maintain the general purpose and intent of the Township Official Plan. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The development proposal and requested minor variances will have no impacts on natural heritage A2.1 Natural Heritage features on the subject property and the surrounding areas. A2.1.1 Goal • The setback to Lake Simcoe will be maintained given that the proposed detached structure is It is the goal of this Plan to protect and enhance significant located in front of the existing single detached natural heritage features and related ecological functions in dwelling,in close proximity to Robinson Street. the Township. • No new services or infrastructure are proposed to support the accessory structure. A2.1.2 Strategic Objectives • There are no wetlands or Provincially Significant Areas of Natural and Scientific Interest located on a)To protect from incompatible development significant or adjacent to the subject property. natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and Development Services September 1, 2021 Report No. DS2021-130 Page 7 of 21 Page 106 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... constraints that it provides,guides land use decision-making in the Township. 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. A2.6 Growth and Settlement • The subject property is located within the "Shoreline"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 and single settlements. detached character of the property relative to d)To encourage the more efficient use of land in surrounding land uses. settlements,where appropriate. A4.2.1 Hawkestone • This application indicates that the proposed garage will be un-serviced and does not include any Hawkestone has been under a considerable amount of service or utility connections to the accessory pressure for development for a number of years.The hamlet structure. has been identified as a growth centre since 1978,when the • No changes to the existing municipal servicing Hawkestone Secondary Plan was approved by the Province. infrastructure will be required to accommodate Since that date,only a limited amount of development has this proposal. occurred due to the poor quality of the soils for the • The proposal will not adversely impact the installation of private septic systems. Township's intent to limit new development without the completion of a master servicing plan Hawkestone has been selected as a settlement area that that establishes the servicing strategy and timing should develop on full sewer and water services because: for this area. • The proposed garage will be an accessory structure •it is located adjacent to a full interchange with Highway 11; to the existing single detached dwelling as •it is located close to nearby employment centres; opposed to new dwelling that should be subject to •its development is not expected to have an impact on the limitations of these policies since there will be agricultural uses; no impact to the servicing strategy and existing •it can easily be serviced by a municipal water system; conditions. •the potential exists to improve existing infrastructure in the area;and, •the potential exists to attract uses to the Township,such as affordable housing,medical clinics and retirement homes, that require full municipal services to be cost-effective. A master servicing strategy would determine the method of full services,the timing of its installation and the cost of the services.The preparation of a Secondary Plan and a master servicing plan will be required before any development occurs in this settlement area.It is intended that the communal sewer and water services in Hawkestone be owned by the municipality. Development Services September 1, 2021 Report No. DS2O21-130 Page 8 of 21 Page 107 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... A5.2 Servicing in Settlement Areas • The proposal does not include lot creation or the construction of additional dwelling units.The In accordance with the Settlement Area Strategy contained garage will be accessory to the existing single in Section A4 of the Plan,the preferred means of servicing in detached dwelling and will have no servicing Hawkestone,Horseshoe Valley Resort,Craighurst and a connections. portion of Shanty Bay is by municipally owned water and • Therefore,no new demands will be placed on the sewage treatment systems or by communal systems. existing lot services and no new services or Servicing in Warminster,Sugarbush,Moonstone,Oro Station infrastructure will be installed to support the and a portion of Shanty Bay is by municipal water systems accessory garage. and private septic systems in accordance with Section A4 of this plan.Servicing in Jarratt,East Oro,Rugby,Edgar, Guthrie,Forest Home and Prices Corners is by individual privately owned wells and septic systems. Prior to the creation of any new lot in a settlement area that is to be serviced by a private septic system,Council shall be satisfied that the soils are appropriate for the construction and use of a private septic system on the lot.If the lot is to be serviced by a private well or the municipal 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 five lots are proposed,this would be confirmed by a hydrogeological assessment prepared by the applicant to the satisfaction of Council and the appropriate agencies. SECTION CS—SHORELINE • The proposal and requested minor variances will maintain the single detached dwelling residential C5.1 OBJECTIVES character of the subject property and surrounding area by adding an accessory garage to the existing •To maintain the existing character of this predominantly cleared and developed portion of the property. residential area. • The existing rear yard setback to Lake Simcoe will •To protect the natural features of the shoreline area and be maintained by placing the proposed garage in the immediate shoreline. front yard. •To ensure that existing development is appropriately • The proposal will rely on existing services and serviced with water and sewer services. infrastructure and not require any extensions or upgrades. C5.2 PERMITTED USES Permitted uses on lands designated Shoreline on the schedules to this Plan are single detached dwellings,existing marinas,small scale commercial uses such as convenience stores,public parks,bed and breakfast establishments subject to Section C1.3.10 and home occupations. C5.6 SETBACKS FROM LAKE SIMCOE AND BASS LAKE The retention of tree cover on the shoreline is important to the maintenance of the integrity of the shoreline.The implementing Zoning By-law shall include a setback from the high water mark for all new development,including additions,renovations and new construction,excepting boathouses,along the Lake Simcoe and Bass Lake shorelines. Development Services September 1, 2021 Report No. DS2021-130 Page 9 of 21 Page 108 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... In addition,the implementing Zoning By-law shall contain provisions that restrict the size and location of boathouses on a lot. 5. Township of Oro-Medonte Zoning By-Law 97-95 The proposal to construct a 2-storey detached accessory garage at the front of the subject property is consistent with the County and Township Official Plan policies that relate to the concept of compatible residential intensification that preserves and protects existing natural heritage features and uses land and services more efficiently. The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Shoreline Residential (SR)", as shown on Schedule A6 of the Zoning By-Law, which permits single detached dwellings and accessory buildings/structures. This application includes the following minor variances to permit a proposed detached accessory garage at the front of the subject property: 1 . To permit detached accessory building in the front yard of a lot that abuts Lake Simcoe that is set back less than the minimum distance equal to the required front yard for the main building from the front line of 7.5 metres (6.5 metres proposed); 2. To permit maximum height of a detached accessory building or structure, except boathouses, greater than 4.5 metres (5.09 metres proposed); and 3. To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (156.4 m2 proposed). The proposed 1-metre reduction in the permitted setback to the front lot line will not adversely impact the purpose and intent of the Zoning By-Law to implement the policies of the Official Plan. As outlined in this report, the location, height and floor area of the proposed detached accessory building maintains the general purpose and intent of the applicable Official Plan policies. The reduced setback to the front lot line will allow the detached accessory building to be accommodated in a location that avoids impacts to the on-site natural heritage features and front yard septic bed. The requested height of 5.09 metres is required to accommodate the proposed second storey, which will be used for storage purposes only and includes no sanitary or kitchen facilities. Based on the elevations submitted with the application, the height of the ground floor of the detached garage is below the maximum 4.5 metres permitted. The character of the pitched roof structure, with sloping down in height on all sides from the peak, reduces the interior ceiling height of the second storey, which also reduces the functionality of the second storey for purposes other than storage. The prevailing zoning regulations also prohibit use of the accessory building for habitation and employment purposes. Development Services September 1, 2021 Report No. DS2021-130 Page 10 of 21 Page 109 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... Similarly, the requested minor variance to permit maximum floor area of 156.4 m2 includes 86.95 m2 on the ground floor and 69.5 m2 loft area. The ground floor will be used for parking of vehicles and the loft area (second storey) will be used for storage purposes. No sanitary or kitchen facilities will be provided on either floor and human habitation is not permitted under the prevailing zoning regulations. Given that the lot coverage of the proposed accessory structure combined with the existing detached garage will be less than the maximum 5% permitted, and the considerable amount of open space available on the subject property and between the existing dwelling and accessory structures, the requested increase in floor area for the proposed detached garage will not result in adverse impacts to the character of the subject property or surrounding area. It is my opinion that the requested minor variances maintain the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variances will facilitate construction of a detached accessory building that is located within an existing settlement area under the "Shoreline" designation. The built form character of the existing dwelling and detached garage, in conjunction with the proposed detached garage, is consistent with the surrounding area and represent appropriate built form on the subject property. The proposal and requested minor variances for a reduced setback to the front lot line and increases in height and floor area of the proposed accessory garage relative to the existing permissions and regulations of the Zoning By- Law will also maintain the general purpose and intent of the Official Plan for the following reasons: • There will be no impacts on natural heritage features on the subject property and the surrounding areas; Development Services September 1, 2021 Report No. DS2021-130 Page 11 of 21 Page 110 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... • The setback to Lake Simcoe will be maintained given that the proposed detached structure is located in front of the existing single detached dwelling, in close proximity to Robinson Street; and • No new services or infrastructure are proposed to support the accessory structure and the proposal will not adversely impact the Township's intent to limit new development in Hawkestone without the completion of a master servicing plan that establishes the servicing strategy and timing for this area. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The minor variances will facilitate construction of a 2-storey accessory garage at the front of the subject property that is consistent with the County and Township Official Plan policies that relate to the concept of compatible residential intensification that preserves and protects existing natural heritage features and uses land and services more efficiently. The requested minor variances will maintain general purpose and intent of Zoning By-Law 97-95 facilitate implementation of the applicable Official Plan policies. The requested variances will be mitigated by the following: • The proposed second storey includes only storage uses and the sloped roof that reduces the ceiling height in the second floor loft area moving from the peak; • No sanitary or kichen facilities are proposed on either floor of the garage; and • The requested maximum height is at the peak of the second floor with the height sloping down, away from the peak. Are the variances desirable for the appropriate development of the lot? Yes. The proposed detached accessory garage will facilitate more efficient and functional use of the subject property without adversely impacting the natural heritage and built form character of the subject property. The proposed structure is located in front of the existing septic bed and is also located significant distances from Lake Simcoe, natural heritage areas and the existing structures on the subject property. This report has also indicated that the proposal and requested minor variances: are consistent with the Provincial Policy Statement, 2020; conform to the Growth Plan; maintain the general purpose and intent of the Official Plan; and maintain the general purpose and intent of the Zoning By-Law. Are the variances minor? Yes. The reduced setback to the front line of 1 metre will not result in any adverse impacts to the subject property or surrounding area relative to the required 7.5-metre setback. The location of the proposed detached garage takes into consideration the location of the existing septic bed and natural vegetation on the subject property. Development Services September 1, 2021 Report No. DS2021-130 Page 12 of 21 Page 111 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... The requested minor variance to permit maximum height of 5.09 metres compared to the 4.5 metres is required to accommodate the highest point of the second floor of the proposed accessory garage. The elevations show that the roof will slope down on all sides, which mitigates the built form impact of the requested maximum height. The requested height is also only for the second storey, which will be used for storage uses and not incorporate any sanitary or kitchen facilities. With respect to the requested minor variance to permit maximum floor area of 156.4 m2, the majority of the floor area that beyond the maximum of 70 m2 permitted for an accessory structure is accommodated within the second storey of the proposed garage, which will be used only for storage purposes and have a reduced ceiling height for much of the area due to the slope of the roof structure. Moreover, there will be no sanitary or kitchen facilities on either floor of the garage with the intent that the structure will be used for parking and storage purposes. Finally, the zoning regulations do not permit human habitation or business operations from the proposed dwelling. As a result, the floor area requested above the maximum permitted under the zoning regulations is minor in nature. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) 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 • Lake Simcoe Protection 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. Development Services September 1, 2021 Report No. DS2021-130 Page 13 of 21 Page 112 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... 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 Division — No comments. • Township Building Division — No Comments. • Lake Simcoe Region Conservation Authority - LSRCA is satisfied from a watershed management perspective that this application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2021-A-49 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services August 26, 2021 Andria Leigh, Director Development Services August 26, 2021 Development Services September 1, 2021 Report No. DS2021-130 Page 14 of 21 Page 113 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map Zone Description Area SR Shoreline Residential Zone } Map Layers- SR SIR A R I_I cF �' R1 F,II rI 5F II J I I I1 I1 � RI � RI Schedule 2: Aerial Photo �F SR A�RU "IF _ `.I SR SR SR SR SR SR SIR SR SR SR SR SR SR Development Services September 1, 2021 Report No. DS2021-130 Page 15 of 21 Page 114 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos A 4 5� Site Entrance from Robinson Street Location of Proposed Detached Garage(looking north) Location of Proposed Detached Garage(looking south) Location of Proposed Detached Garage Development Services September 1, 2021 Report No. DS2021-130 Page 16 of 21 Page 115 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... ..;ems •< y p it „y it Robinson Street Looking East at Site Driveway Robinson Street Looking West at Site Driveway Development Services September 1, 2021 Report No. DS2021-130 Page 17 of 21 Page 116 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan ROBINSON STREET 1 i j24'-1.5'(7.36HJ i I I I I I i I i r I i 1 f I 1 I j I I { � b o I I { I - I uoa - _. I M t I 1 I � I 1 i I I b }w 1 1 I N'77 I 1 I 1 I I I I j 1 wow 1 I 1 I I l� SITE STATISTICS I' 1 UTT lY�l1•iQ�OYM T REAI m7 I I WYDVAIL OROIAIO FLOOR AMA 16f0 IF[127 t•A �4YH1lNA OR088 FLOOR A1RA.a!G>r 11f76 eq I 1 O06A16 Z fLIftA04 COJEfiAW.167 M[W MJ I1.1S]G] IPROPOWD sCAR GARA06 00YEVaE .ON x moan wn J&WA� -. 1 PR-O-t kC�ORY m ll.owa co4HlAae -„- IAM A�Tt1d1"14 S tLi LAKE SMCOE N°77 ROBINSON STREET 51TE PLAN A MWKESTONE,oNTARlO Development Services September 1, 2021 Report No. DS2O21-130 Page 18 of 21 Page 117 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings i I CEI[,IRGHEEGFET ¢f -� 12 10 � LL - I I TOP OP H]15T5 I e } c'xmo rm I GARAGE SLAB_ I 1 I 1 I 1 eoneecrc nxt„._�r 1 L-------________-----------------________________------------ __-_J f Cf:[LIf3G HEIGH"€ I _ _ 12 10 4 � o LL4xiR.GNif. � 1 rill � 1 ti Ar ------------------------------------------------------------- f 6'N®iglu I �� r IIII �00 90MC M'C � u Cx 9>ttE 901RC - �" I � 3 i E I I GAfUG�E SLAB I 1 E , E 1 ....________________________,,,_______________________---_ _ Development Services September 1, 2021 Report No. DS2021-130 Page 19 of 21 Page 118 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... CFSLiNG HEiGl3T I 12 j n SI4�X6 9CUK l� 3 Y[TIL 100[ � 'q 3 AitlfW.S01[I[k xuwa.aund � 1 �' i — w 3'� V wM 1111 V W=YOACO OD ... 3 FRIiY 5lYYE SYYXG I. �js a� a RIGE SLAB COMM&9[Ir----4_ �; 3 FOONA 0 _____ ______________________ ________________ --- ----------------- CEILING HBIGHT— 3 - CI12 mj o � i I — IM4LlX. -IT 11111 y } I � I TOP OF 3Q15TS— C'WWO NW I y � 7Mtl11G gg• '! a yI b GARA2ESLAB --- A, I � I u � sonrYcsc awac,�tf' e 1 F nou - i--- —�k---------------------------------------- Development Services September 1, 2021 Report No. DS2021-130 Page 20 of 21 Page 119 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... I I F ! I 113 € I 3 I I I € � i ) I ti § Ai 3 CAR GARAGE, b iii pi �E['-�r-rr _ rH• v-r r-r _ f-Iw GROUND LEVEL AREA T 936 R'[86.95m9 TOTAL FLOORAAREA=1694 W[156.4 m'] 3Y-0"]I0.tl1 -- i ______________ --- ----------IwT r-------------- ----_-_---_-..W�� I 1 E l i I --_,..___..__....________—-,` l__ _____ ____________ 1 I I STORAGE 1 E I i Is'-0"CLG1 I ' . I L_ ______________________ _______________ ___ ------------- I _- 7 fEf 3 I ___ 1. - -Y. ! 1 t 1 1 ! I 1 1 I 1 C ; I 1pE I i j 1 a 1 ....____._..._--.. _---- 1 L_,,.w_-......_______________...__ _ __________ .! -------- i E ,Y-n•lul ,Y-u" I .tCd[tB9Ij LOFT LEVEL AREA=746 W[69.5 nz9 Development Services September 1, 2021 Report No. DS2021-130 Page 21 of 21 Page 120 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-49(Hawkestone Holdings Inc.), Date: August 21,2021 10:02:38 AM Kendra Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 121 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... From: McCartney,Garry To: Plannina Cc: Wilson.Delanie;Craig.Jason Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-49(Hawkestone Holdings Inc.), Date: August 24,2021 2:19:20 PM Attachments: 202108 16 Notice of Pubic Hearina(Hawekstone).odf The Building Division has no comments at this time. Thank you, From: Ceretti, Kendra Sent: August 17, 2021 3:55 PM To: plan ning.notices@)simcoe.ca; sclee@scdsb.on.ca; planningdept@smcdsb.on.ca; rowccentre@bell.ca; municipalplanning@enbridge.com; I.munnoch@Isrca.on.ca; info@)Isrca.on.ca; ipuconsents@mpac.ca; . Council <Council@oro-medonte.ca>; Leigh, Andria <aleigh@oro- medonte.ca>; Witlib, Derek<dwitlib@oro-medonte.ca>; Dunn, Robin <rdunn@oro-medonte.ca>; Teeter,Janette <jteeter@oro-medonte.ca>; Aubichon, Yvonne<yaubichon@oro-medonte.ca>; Drechsler, Helga <hdrechsler@oro-medonte.ca>; Murray, Hugh <hmurray@oro-medonte.ca>; Binns, Shawn <sbinns@oro-medonte.ca>; Musso-Garcia, Karla <kmussogarcia@oro-medonte.ca>; Metras, Justin <jmetras@oro-medonte.ca>; McCartney, Garry<gmccartney@oro-medonte.ca>; Wilson, Delanie <dwilson@oro-medonte.ca>; Craig,Jason <jcraig@oro-medonte.ca>; Saunders, David <dsaunders@oro-medonte.ca>;Jakobi, Michelle <mjakobi@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Falconi,Teresa <tfa Icon i@oro-medonte.ca> Subject: Notice of Public Hearing for Minor Variance Application 2021-A-49 (Hawkestone Holdings Inc.), Please find attached Notice of Public Hearing for Minor Variance Application 2021-A- 49 (Hawkestone), Scheduled to be presented on September 1, 2021. Please direct your comments to plan ningna oro-medonte.ca Your comments would be greatly appreciated by August 24, 2021. Regards, Kendra Ceretti Development Services Assistant Township of Oro-Medonte Page 122 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... Lake Simcoe Region conservation authority www.LSRCA.on.ca August 24th, 2021 File No: 2021-A-56 IMS File No.:VA-166414-073021 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Sent by E-mail to: plan ning@oro-medonte.ca Dear Mr. Karaiskakis: Re: Proposed Application for Minor Variance 77 Robinson Rd.,Township of Oro-Medonte Thank you for circulating the subject applications to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose and effect of is to construct a detached accessory building, within the front yard of the property. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Aug. 17t", 2021 • Drawings and Site Plan Package, received Aug. 20t", 2021 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 179/06. The applications have also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics The LSRCA mapping tool identifies that the subject property is partially within the regulation limit of Ontario Regulation 179/06 under the Conservation Authorities Act.This is representative of its proximity to Lake Simcoe, and the associated Shoreline Hazard Area.The proposed new detached structure will not be within the regulated area. Upon review of the County of Simcoe Official Plan the subject property appears designated as Rural. The Township of Oro-Medonte Official Plan designates the property as Shoreline, and the Township Zoning By-law 97-95 zones the property as Shoreline Residential (SR). 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 123 o-f1618.800.465.0437 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Plant !MPr tCn�a IYnt ... Page 2 of 3 Fea ores Lake Simcoe Region LSRCA Watershed Boundary consrrva[ion authority LSPP Watershed Boundary Regulation Boundary 91 R BINSON:S Reguia'hon Area Assessment Parcel / 86 ROB IN5ON5 Lot and Concession Rate course — Watercourse S'<.RO BIR50N 5T Roads 7 ROBINSON ST n+ra me sR ,xpr..,ax A-1. �I�a IN @S RORNS ON ST Railway * Lower Tiler M riwipaidy 81-ROBINSONST 7r.rtn saw T 70R BINSON T Pnnfpq 9n 6/2 312 0 2 1 , +dm�ar .a o-r ew ra...sm.w r+eu.M s wry s wcr..o..m irrw+ors cneEnr.fbw+u r>,nairr xv,,u anv.a..,,v.*.. ROBINSONST rw+•e_...r.uv .w. P+u ar�ae Wacy.w OMmA-nyyxr 311C2�3005 YJPS�19E9 S r.y�.i FM Ww9o.nw sca.e SI Meters 41 B 21 41 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The area of the proposed new buildings is within the Shoreline Hazard Area, as well as being within 120-metres of the Lake Simcoe Shoreline. The subject property is also surrounded by natural features, such as identified woodlands and Lake Simcoe. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. Page 124 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Plan !MPr tCn�a IYnt ... Page 3 of 3 Ontario Regulations 179/06 does apply to the proposed new development, however, the location of the proposed detached accessory structure will be located outside of the regulated area.Therefore,a permit will not be required to facilitate the development of the new detached garage,to be in the front yard. Advisory Comments 3. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte and the County of Simcoe in that we provide through a Memorandum of Understanding (MOU) as well as through our role as a public body, pursuant to the Planning Act. Natural Heritage The proposed new detached accessory structure will be located within an area identified as Woodlands by LSRCA mapping. This can be considered appropriate, as the existing use of the subject property permits the development of a detached accessory structure, secondary in nature to that of the existing residence.Therefore, Designated Policy 6.45 of the LSPP is applicable,which would permit limited development of this kind,without alternative option for relocation elsewhere on the subject property. Lake Simcoe Protection Plan,2009(LSPP) The LSPP provides both guidance and regulation on development and site alteration within proximity to Lake Simcoe, and any watercourses within the watershed. The proposed new development would be within 120-metres of the Lake Simcoe Shoreline, and is located outside of an existing settlement area. Similarly to those concerns surrounding natural heritage, Designated Policy 6.45 of the LSPP would be applicable, and the proposed new building would be considered, without need of a Natural Heritage Evaluation (NHE). Summary LSRCA is satisfied from a watershed management perspective that this application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, A�� Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 125 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... S w fi-17 U so O y C N i J O T� U) 4-'0 V/ W 4-0 4-0 a) V J 0 a) W 4-0 FD _0 N O .� � a) N U) U) a � Page 126 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... l Q� x 4 � � m o N (D v o LO Y _ T wo N 1 O . 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AAA U 1 II II T ii i ii �1 I 1 - II 1+1 l^ I III _ 11 II 1 1 I. !� w 1i Q • • � �I it �� � �� 3� � N •� O � N i c� v Q Page 130 of 618 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... ` ;. �' ; J Stoo 5 o N C/) O c0 : x ` ' 1 4 J Page 131 of 618 it-.k. � x.�. , -fit s� x ��-. - ; ti 5 � 1 ': �:;4 � r, Y d s� + I �tp �e aw�� } _ ` 7 ..: G 777rrr 2 IN 'l� xa � f .. • '�:�.r...C�''"''P° d�"�` ��,. Jam,. ,�` »�7�' f � , .. �,.. if�,; $ � J/ ,{ ' k � ; ,i,. � „�� .y �.��� . E. �" }4: _.. _ ., l :� ` � mac- - ;, � ,. �: x-c. ..,,p, '� �', ' � t � k �r � °'�: .` - 3�: . r,. � � -+.. o- <a ';� � j �, r '«�.,ya,4���� � _ ,� gips •��� � � • 5.c) 4.50 p.m. DS2021-130, Michael Barton, Township Planning Consultant ... W E O (a O 'X E N U U U (U Q > L O O Q E N (n �\ to (U X = Q QE N •U CU °U �, a)SE � � N ^ N f� N >' 0 Q (� L (B +- — U � U Cl- CO � Z3 U) � m U N 1 0 (D (DE to 0 O N (U � 0 N T — - , E E Q � 0) . O D o cB � � U • 'X N Q N O p O N -a CU (DO C Q (6 � CO o ° � (D E C . �( cnoCU CU = co � o 70 cU M 0- ` � � L -,- - -a -a It ca U) o ° cB ' N , -0 N M ca N � U N O > Q L o `-' v, � o U °ui U �i Q CU cU v cU (DU `~ N �_ -. L O �. � a N ' ° N U) _r D — L to OM M - D N (n ° CU E � N p CU N C .E � b � � � � � oo >, rn ° O C\IQCM � ° � (D -00CU0 � U) N -W oN Q o E � Q p (a U 0-� o (D to r- ) UO Q N CU z > 0) E U — ° QfU (B in O N L O - OCU fNn0�O IU D O O N O 4) U G ' UH ~ inV � Q � E fn L Q N LLii ±' N 70 -C Q CO It Page 133 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: Minor Variance ... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-125 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # September 1, 2021 Minor Variance Application 2021-A-50 Roll #: James Colville and David St. R.M.S. File #: 4346-020-005-03996 Amand D13-59797 17 Glacier Crescent Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-125 be received and adopted. 2. That Minor Variance Application 2021-A-50 by James Colville and David St. Amand, specifically for permission to permit a detached accessory building with an increase in height to 5.4 metres (17.6 feet), increase in floor area to 78.2 square metres (842.0 square feet), 5.2% lot coverage, and within the front yard with a setback 6.51 metres (21.3 feet) on the lands municipally known as 17 Glacier Crescent, Township of Oro-Medonte, be deferred, to allow the applicant to review the proposed location in relation to the septic system. 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.19 hectares (0.47 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling having an area of 107.9 sq. m. (1,162 sq. ft.) and a detached accessory building with an area of 20.8 sq. m. (224.0 sq. ft.). The applicants are proposing to construct a new detached accessory building. The applicants are requesting relief from the following sections of Zoning By-law 97-95, as amended: Detached Accessory Building Section 5.1 .3 a — location in front yard Permitted: Proposed: Not permitted in front yard Within front yard (Alpine Dr), to be setback 16.51 metres (21 .3 feet) from front lot line Development Services September 1, 2021 Report No. DS2021-125 Page 1 of 10 Page 134 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: Section 5.1.4 — Maximum height Minor Variance ... Required. Proposed: 4.5 metres 14.7 feet T5.4 metres 17.6 feet Section 5.1.5 — Maximum lot coverage Required. Proposed: 5% 5.2% Section 5.1 .6 — Maximum floor area Required. Proposed: 70 square metres 753.5 square feet 178.2 square metres 842.0 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 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. 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 detached accessory building (garage) is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already in an established residential area. Development Services September 1, 2021 Report No. DS2021-125 Page 2 of 10 Page 135 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: The subject lands are not located within any natural heritage designations identt�ij�grin anance ... the Township's Official Plans. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject land is already developed for residential purposes. County of Simcoe Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the Rural designation. In Planning Staff's opinion, the application conforms to the County's Official Plan as the construction of a detached accessory building to a residential dwelling is a permitted use on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 50(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The subject land is located in the Rural Residential designation. Pursuant to the policies of the Plan, permitted uses within this designation include dwellings and accessory uses. The proposed residential construction is a permitted use and its construction will be in keeping with the existing residential character of the neighbourhood. Therefore, based on the above, the requested variances pertaining to this application are considered to conform to the general intent and purpose of the Official Plan. Development Services September 1, 2021 Report No. DS2021-125 Page 3 of 10 Page 136 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: Do the variances conform to the general intent of the Zoning By-law? Minor Variance ... The subject property is zoned Rural Residential Two (RUR2) in the Township's Zoning By-law 97-95, as amended. Detached accessory buildings are permitted in the RUR2 Zone. The primary purpose of the front yard setback is to provide spatial separation between structures and the road, as well as provide space for access, maintenance and drainage around buildings and parking. Planning Staff believe that the proposed setback will provide an adequate setback from the road. While the municipal address and driveway for the property are on Glacier Crescent (exterior lot line), the definition of Front Lot Line in the Zoning By-Law creates Alpine Drive as the front lot line. The proposed location will allow for continued use of Glacier Crescent as the driveway. The existing entrance will be closed for a new entrance. The new entrance has been approved by the Operations Division. The general intent of the Zoning By-law in requiring the maximum height, lot coverage and floor area requirements is to ensure that an accessory building will continue to be secondary and subordinate to the primary use of the property as residential. The proposed detached accessory building will be smaller in size (floor area) and height than the existing dwelling. Upon site inspection, it was confirmed that there is mature vegetation located along the abutting lot line that would partially screen the building from the street and neighbouring properties. Based on the combination of the proposed accessory building remaining smaller than the dwelling and the mature vegetation existing on the property that the proposed accessory building would therefore continue to appear secondary and subordinate to the residential use of the property. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted that the proposed building would be partially visible from the neighbouring properties, but that the existing mature vegetation along the abutting lot line would effectively buffer the presence of the building. The proposed structure will be in keeping with the residential character of the neighbourhood as several of the surrounding properties have detached accessory buildings. The structure in its proposed location, will be located on the existing septic bed, as per Building Department comments. The applicant has requested a deferral of the application to allow for a revised location of the structure, or to review the potential of relocating the septic field Based on the above, Planning Staff will require additional information to decide if the proposed development would be considered desirable for the appropriate development of the lot. Development Services September 1, 2021 Report No. DS2021-125 Page 4 of 10 Page 137 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: Minor Variance ... Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. The structure is not anticipated to have an adverse impact on the neighbourhood as it will appear to be secondary from the road, mature vegetation will soften the appearance of the building from neighbouring properties and is smaller in height/ floor area than the existing dwelling. In Planning Staff's opinion, the requested Minor Variance is minor in nature. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) 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 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes and is therefore consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Development Services September 1, 2021 Report No. DS2021-125 Page 5 of 10 Page 138 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: • Township Building Department Minor Variance ... o Proposed structure appears to be located over existing sewage system. See attached septic record. Applicant to indicate proposed location meets required setbacks from existing sewage system or apply for and obtain septic permit for relocation • Township Development Engineering o no objections o Engineered Lot Grading required o The existing driveway shall be removed, culvert and access removed and the ditch line remediated accordingly • Township Infrastructure and Capital Projects o Aug 16- Operations has objections to the proposed second entrance. Under the road entrance by law only one entrance is permitted per residential lot o Aug 23 — new entrance was applied for, condition for permit was to remove existing entrance. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-50 be deferred, to allow the applicant time to review options for the location of the existing septic system in relation to the proposed structure. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services August 26, 2021 Andria Leigh, Director, Development Services August 26, 2021 Development Services September 1, 2021 Report No. DS2021-125 Page 6 of 10 Page 139 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: Schedule 1: Location map Minor Variance ... 26 24 P � I "tsm x�sd 14 16 19 12 17 10 15 L� U � 11 17 C C7 4 13 39 9 10 11 fi 7 $ 9 4 5 6 7 Schedule 1 Location r�,wr:s it of Subject Lands 0 Fraud Heritage,Exching Future l 0 s0 m File Number:2021-A-60 i ; I I I Development Services September 1, 2021 Report No. DS2021-125 Page 7 of 10 Page 140 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: Schedule 2: Aerial Photo Minor Variance ... P r; J n Aditl9e.rRoad Vlaciel'4rE5. ;l r d _Q - � Q 1 t T , - Schedule 2 Aerial Photo -� rr,wr:�allrr of C3 Subject Lands Proud Heritage,Excr"tdng Future l 0 2D m File Number:2021-A-50 I I I i i Development Services September 1, 2021 Report No. DS2021-125 Page 8 of 10 Page 141 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: Schedule 3: Applicant Site Plan Minor Variance ... EDGE OV ASPW GLACIER CRESCENT M`"TERWTM",1M I I I �- I I 7.92 :32 �1.5 7 y I 4 EXISTNG PROPOSED DRIVEWAY DRIVEWAY ,,r 7.5m PROPERTY SETBACK } - - I u :a 104 POIIiCfJ i - BISTING HORSE L I � a I f r=a Ij:1 c (�_1 PN€PR Q }��} M mom ti Tn rn 0 PIAGENIENT OF EXISTING 00 HOUSE AND PROPOSED D GARAGE TO BE DETERMINED. DF11ENSM SHOWN AAE PRE�iNMa1RY. rn SITE PLAN 1:200 Schedule 3 MUD Applicant's Site Plan - •� TIu ttsh. of File Number 2021-A-50nc �l��t Proud Herr7rrjre,F- cdtrlq F-iorlre Development Services September 1, 2021 Report No. DS2021-125 Page 9 of 10 Page 142 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: Schedule 4: Applicant Elevation Plan Minor Variance ... RIGHT ELEVATION REAR ELEVATION 118" = T-0' 118' = 1'-0' LEFT ELEVATION FRONT ELEVATION 11T = TV 118' = TV Schedule 4 Applicant's Elevation Drawings -a Tounshipof File Number 2421-A-50 Proud Heritage,Exciting Future Development Services September 1, 2021 Report No. DS2021-125 Page 10 of 10 Page 143 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: Minor Variance ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-50(Colville&St Amand) Date: August 21,2021 10:20:15 AM Kendra Operations has objections to the proposed second entrance. Under the road entrance by law only one entrance is permitted per residential lot. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 144 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: Minor Variance ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: August 17, 2021 12:38 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-50 (Colville &St Amand) Development Engineering has No Objection to the above noted Application. The following Shall Be Noted: 1. An Engineered Lot Grading Plan Shall be Required at the time of Building Permit Application; 2. The existing driveway shall be removed, culvert and access removed and the ditch line remediated accordingly Only ONE (1) driveway entrance is permitted per Lot). Regards Page 145 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: Minor Variance ... From: McCartney,Garry To: Planning Cc: Wilson, Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-50(Colville&St Amand) Date: August 24,2021 2:36:29 PM Attachments: 2021 08 04 Notice of Pubic Hearing(2021-A-50)Colville&St Amand.pdf 17 Galcier.pdf Building Division comments are as follows; 1. Proposed structure appears to be located over existing sewage system. See attached septic record. Applicant to indicate proposed location meets required setbacks from existing sewage system or apply for and obtain septic permit for relocation. Thank you, Page 146 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: , nor Variance ... ILI Vl �_ Cu G R J U , d f \. 06 \, y •� LQ m O U 0 LO CO Q U _ _ N CU (L) N CO C) C/) N C a O }' N O t� Page 147 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: , nor Variance ... a� ILI � Q1 Cu C6 •� i O — � O � -0 +-+ a) N CO o M V T O c/) E E m O10 C O L, O `2 CL � 4 Liz CL 0- LIS CL f� U � 0ev c O O 6 o ` U 1 +-+ O ° M c� Q e LV I •N - � � I � I I � N O oho o � Qa�io our Q) � i O ca N 4-J O ca � U to •— a--+ y •U O v Q CL CL � C6 CL Page 148 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: , nor Variance ... ILI Cu E Q �,�p awdfy r n�� C// 06 W 0 U m o Q N o N 0 0 M a L Q Page 149 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: , nor Variance ... ILI PINE-DRIVE a - -- -- I _ 8.Om PROPERTY SETBACK cu -- --- w I bb�9 u�O ott JO 2ZQZ r a3e Muss I Fj w w w �=�Qa 6 Be lo W LOl U CC \ LE'6 ' / U w O wl LI w U !g'IOf V I S.L LO I I r N • • O N � cn c� v M M Q Page 150 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: , nor Variance ... K Io L 1 Cu E ------------------------ ------- -06 ory r 1 xa i O U o L 8 0 Q oa oal. w. O N C c� L z o CL CL Q Page 151 of 618 5.d) 11 p.m. DS2021-125, Danielle Waters, Planner• •- Cu 06 �� aI•!�:,fit�i 5r�� . �:�,. X� � 1 ® • • LU LO ail, 4-0 QL •" ` jr tr '• V> �".; - 1 y :• J�, s • Cu 52 c. ! of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: , nor Variance ... ILI Cu 06 o0 O NI, ti 4-0 U LO (n I � U � � U CO 4-0 Cu LU Page 153 of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: , nor Variance ... ILI # }t 06 a O . - a V) 0 CU 0 LO Q o N � O QL L z Page 154 of 618 5.d) 5-00 p.m. DS2021-125, Danielle Waters, Planner re, /.,M.4nor Variance 1 . _ ILL y�f t H t fr� is ti CO r � .. .6 r Y r Cu LO u F • • -- Cu #4 • 1 Page of 618 5.d) 5.00 p.m. DS2021-125, Danielle Waters, Planner re: Knor Variance ... �r L a) O C W O (3) O U) y 7 �1 C) Q O to a) _0 Cu ONTO N Q > = � to -0 N E Cu U)O a) a) O L a) a) _0 C E O -E V LO O O U N O O CO � O a) _0 N ,max ' a) C a) W O N 00 (n O U 0 Cu ^' O (6 Cu O O >, (6 - M a) � C: O N (6 C:) U �LO a) CU > -0 o +r L 0 +r u a) Q � O U }' •� 2 U 0 0 a) i -0 O Q a) CU > C: N U (n a) Cu (n r O > O - C CU O O L (n U LC a) co U (u N (6 O to N � M �+ z � `~ > U Q (1) L L O -- - (U Cu E Q .O Cu '0 E U `� U o � -0C` L) o N C: C:�n +� Lo T (u < + i= N M Page 156 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2021-131 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # September 1, 2021 Minor Variance Application 2021-A-51 by Roll #: Richard & Johanna Skippon R.M.S. File #: 4346-020-010-08500 3400 Line 7 North D13 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-131 be received and adopted. 2. That Minor Variance Application 2021-A-51 by Richard and Johanna Skippon, specifically for permission to build a detached garage with a maximum height of 4.76 metres (4.5 metres permitted) and a maximum floor area of 260.7 m2 (70 m2 permitted), be approved subject to the conditions as outlined in Report DS2021- 131. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4 and Section 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate 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. Background: 1 . Site Location and Existing Conditions Development Services September 1, 2021 Report No. DS2021-131 Page 1 of 19 Page 157 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... The subject property is located at 3400 Line 7 North, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The survey and drawings submitted by the Applicant illustrate that the property is currently occupied by a 2-storey dwelling (244.4 m2 or 2,630 ft2 of gross floor area), detached 1-storey accessory building and two existing sheds. The 1-storey accessory building has a footprint similar in area to the detached dwelling. These buildings are accessed from Horseshoe Valley Road by a circular driveway extending long the west side of the detached dwelling. The septic bed is located to the rear of the detached dwelling as shown on the existing site plan. The subject property has an area of approximately 16,312 m2 (175,580ft2). Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Agricultural • Township of Oro-Medonte Official Plan: Rural • Zoning By-Law: Agricultural/Rural Zone(A/RU) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing to demolish the existing 1-storey detached accessory building and construct a new 2- storey detached accessory building in the same location (west of the existing detached dwelling). The ground floor will be used for parking vehicles and storage purpose and will have a gross floor area of 139.4 m2 (1 ,500 ft2). The proposed second floor will be used for storage and will have a gross floor area of 121.3 m2 (1 ,305.9 ft2), resulting in a total gross floor area of 260.7 m2 (2,805.9 ft2). The drawing package submitted by the Applicant includes floor plans and elevations for the proposed structure. These drawings are included in Schedule 5. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1 . To permit maximum height of a detached accessory building or structure, except boathouses, greater than 4.5 metres (4.76 metres proposed); 2. To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (260.7 m2 proposed). The following existing and proposed conditions have been taken into consideration in reviewing the proposal and requested minor variances: Development Services September 1, 2021 Report No. DS2021-131 Page 2 of 19 Page 158 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... • The proposed accessory building will replace an existing accessory building, as opposed to adding to the accessory floor area on the property, and be situated in the same location; • The large lot area provides significant buffers between the proposed accessory building and the public realm, surrounding properties and other structures on the subject property; • No minor variances are required for lot coverage to accommodate the proposed accessory structure; and • The location of proposed accessory structure is permitted and consistent with the existing site configuration; moreover, the structure will be located centrally on the subject property as opposed to the periphery of the property limits. • The subject lands are located in a rural area that includes dwellings and agricultural buildings of various sizes. 4. Zoning Review Table 1 (below) includes a review of the applicable zoning standards. The intent of the proposal is construct a 2-storey detached garage in the west side yard that exceeds the maximum permitted height and floor area for a detached accessory building or structure. The inclusion of a second storey for storage uses results in a considerable increase in total floor area relative to the ground floor area alone. However, the inclusion of a second storey does not change the proposed lot coverage. Section 6.0 of the Zoning By-Law defines "Accessory Building or Structure" to mean "a detached building or structure, the use of which is naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot". Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings,Structures and Where this By-law provides that land • The proposed detached Uses[By-law 2017-012] may be used or a building or structure garage is an accessory may be erected or used for a purpose, building per this definition as that purpose may include any it will replace the largest of detached accessory buildings, the existing accessory accessory structures or accessory uses structures on the property located on the same lot as the primary and will be in the same use to which they are related.For the location. purposes of this by-law a retaining wall • While the proposed with a height of 1.0 metre(3.2 feet)or accessory building will have a more is considered an accessory significant amount of floor structure and is subject to the area and lot coverage,this provisions of Section 5.1. massing will be mitigated through the large property area and spatial separation Development Services September 1, 2021 Report No. DS2021-131 Page 3 of 19 Page 159 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... from the public realm and surrounding properties. 5.1.1 Uses Permitted in Detached No detached accessory building or The proposed detached garage Accessory Buildings and Structures[By- accessory structure shall be used for complies with this definition of uses law 2015-1921 human habitation or an occupation for permitted in detached accessory gain,unless specifically permitted by buildings based on the details provided this By-law.A detached accessory in the application. 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 5.1.3 Permitted locations for detached Unless otherwise specified in this By- The proposed detached garage accessory buildings and structures in law,detached accessory buildings and complies with this section of the all zones[By-law 2004-063,2015-192, structures,except boathouses,shall: Zoning By-Law as it will be located in 2017-0121 the side yard in the same location as a)Not be located in the front yard. the existing accessory structure. Notwithstanding this provision,a detached private garage is permitted in the front yard of a lot that abuts Lake Simcoe or Bass Lake provided it is set back a minimum distance equal to the required front yard for the main building from the front lot line. Notwithstanding this provision,a detached accessory building is permitted in the front yard in the Agricultural/Rural(A/RU)Zone provided it is not located in the required front yard.Notwithstanding this provision,a retaining wall with a height of 1.0 metres or more is permitted in the front yard in all Residential zones provided it is not within the required front yard. b)Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d)Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line. Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. Development Services September 1, 2021 Report No. DS2021-131 Page 4 of 19 Page 160 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... e)Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres(49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached 4.76 m proposed(variance required) accessory building or structure,except boathouses,is 4.5 metres(14.7 feet). 5.1.5 Maximum lot coverage The maximum lot coverage of all The lot coverage of the proposed and detached accessory buildings and existing accessory buildings to remain structures on a lot,excluding complies due to the large lot area. boathouses,is 5 percent. 5.1.6 Maximum floor area [By-law The maximum floor area of any one 260.7 mz(variance required) 2003-081,2017-0121 detached accessory building or structure,excluding boathouses, is 70 square metres(753.5 square feet). However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The development proposal and requested minor variances are consistent with the applicable policies of PPS 2020 on the basis that more efficient use will be made of the subject property and existing single detached dwelling through construction a 2-storey garage, and will have no adverse impact on natural heritage features and surrounding land uses in the community. The proposal involves replacement of an existing structure as opposed to significantly intensified land use, and will be compatible with existing uses on and adjacent to the property. The proposal will rely on existing services and Development Services September 1, 2021 Report No. DS2021-131 Page 5 of 19 Page 161 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... infrastructure and require no municipal investment in extension or upgrades of municipal services. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1 .2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any approval authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. It is my opinion that the development proposal generally conforms to the applicable Growth Plan policies on the following basis: • The proposed detached structure will replace and existing accessory building and support an existing single detached dwelling while allowing for enhanced use of the subject property; • No extensions or upgrades are required to existing services or infrastructure to support the proposed detached structure; and • There will be no adverse impacts on agricultural lands, natural heritage, hydrologic and Iandform systems, features and functions. 3. Simcoe County Official Plan The subject property is designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. The subject property is 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. On the basis of the review of the specific policies of the Simcoe County Official Plan provided in Table 2 (below), it is my opinion that the proposal for the subject property and the requested minor variances maintain the general purpose and intent of the County of Simcoe Official Plan. Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • The proposed detached garage will protect the existing natural heritage characteristics on and The goals of this Plan are: adjacent to the subject property. • The proposal will make more efficient use of the • To protect,conserve,and enhance the County's subject property without resulting in adverse natural and cultural heritage; impacts to the subject property or surrounding land uses. Development Services September 1, 2021 Report No. DS2021-131 Page 6 of 19 Page 162 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... • To achieve wise management and use of the • The proposed detached garage is intended to County's resources; support use of the subject property as a single • To implement growth management to achieve detached dwelling and will not result in land use or lifestyle quality and efficient and cost-effective associated activities that would negatively affect municipal servicing,development and land use; the character of the community or public health • To achieve coordinated land use planning among and safety. 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 proposed garage will be accessory to the existing single detached dwelling and will be 3.1 Strategy supported by existing services and infrastructure. • The proposed garage is located in an area that The planning strategy of this Plan is based on four themes: maintains existing tree cover and natural heritage characteristics on the subject property and in the • Direction of a significant portion of growth and surrounding area. development to settlements where it can be • The proposed accessory structure will replace and effectively serviced,with a particular emphasis on be in the same location as the large existing primary settlement areas. accessory structure. • Enabling and managing resource-based • There will be no change to use of the subject development including agriculture,forestry, property as a single detached dwelling with aggregates,and tourism and recreation. accessory structures. • 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 Rural • The proposal will make more efficient use of existing land without adversely impacting the rural Objectives character or natural heritage features on and adjacent to the subject property. 3.7.1 To recognize,preserve and protect the rural character • The proposed garage is intended to be accessory and promote long-term diversity and viability of rural to the existing single detached dwelling on the economic activities. subject property. 3.7.2 To encourage maintenance,protection,and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas. Policies • The proposed detached garage is to be 3.7.3 Lands in the Rural designation shall be the focus of constructed accessory to an existing residential rural and agricultural land uses. use. 3.7.4 The following are permitted in the Rural designation: • The structure will not be permitted for use as a)those land uses permitted in the Agricultural human habitation or employment purposes under designation; the Zoning By-Law. b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); Development Services September 1, 2021 Report No. DS2021-131 Page 7 of 19 Page 163 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... c)resource-based recreational activities(including recreational dwellings); d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. 4. Township of Oro-Medonte Official Plan The subject property is designated "Rural' on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 (below) addresses the applicable policies. It is my opinion that the proposal for the subject property and the requested minor variances maintain the general purpose and intent of the Township Official Plan. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The development proposal and requested minor variances will have no impacts on natural heritage A2.1 Natural Heritage features on the subject property and the surrounding areas. A2.1.1 Goal • No new services or infrastructure are proposed to support the accessory structure. It is the goal of this Plan to protect and enhance significant • There are no wetlands or Provincially Significant natural heritage features and related ecological functions in Areas of Natural and Scientific Interest located on the Township. or adjacent to the subject property. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. 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. 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. A2.6 Growth and Settlement • The subject property will make more efficient and enhanced use of these lands in a manner that is A2.6.2 Strategic Objectives compatible with the community and respects and preserves the context and single detached Development Services September 1, 2021 Report No. DS2021-131 Page 8 of 19 Page 164 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... a)To direct the majority of new residential growth to character of the property relative to surrounding settlements. land uses. d)To encourage the more efficient use of land in settlements,where appropriate. SECTION C2—RURAL • The proposal and requested minor variances will maintain the single detached dwelling residential C2.1 OBJECTIVES character of the subject property and surrounding area by adding an accessory garage to replace the •To preserve and promote the rural character of the existing accessory structure located in the existing Township and the maintenance of the open countryside. cleared and developed portion of the property. •To prevent the intrusion of land uses which are • The proposal will not significantly alter the built incompatible with the rural character and/or resource form character of the property relative to the activities of the area. public realm,neighbouring properties or the other structures on the subject property. C2.2 PERMITTED USES • The proposal will rely on existing services and infrastructure and not require any extensions or Permitted uses on lands in the Rural designation as shown upgrades. on the schedules to this Plan are agriculture,single detached • The single detached dwelling and accessory uses dwellings,bed and breakfast establishments subject to are permitted and existing,with the proposed Section C1.3.10,home occupations,home industries subject structure representing replacement of an existing to Section C1.3.3,forestry,commercial dog kennels subject accessory structure as opposed to an additional to Section C1.3.5,resource management uses,agricultural structure. research and training establishments subject to Section C1.3.7,farm related tourism 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. 5. Township of Oro-Medonte Zoning By-Law 97-95 The proposal to construct a 2-storey accessory garage to replace the existing 1-storey structure is consistent with the County and Township Official Plan policies that relate to the concept of compatible development that preserves and protects existing natural heritage features and uses land and services more efficiently. The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. Development Services September 1, 2021 Report No. DS2021-131 Page 9 of 19 Page 165 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... The subject property is zoned "Agricultural/Rural (A/RU)", which permits single detached dwellings and accessory buildings/structures. This application includes the following minor variances to permit a proposed detached accessory garage on the subject property: 1 . To permit maximum height of a detached accessory building or structure, except boathouses, greater than 4.5 metres (4.76 metres proposed); 2. To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (260.7 m2 proposed). The proposed height exceeds the maximum permitted by only 0.26 metres in order to accommodate the proposed second storey as the ground floor height is less than 4.5 metres. The second storey is smaller in footprint and floor area than the ground floor of the accessory structure and will be used only for storage purposes. The additional 0.26 metres of height above the maximum permitted will be mitigated by the significant spatial separation from the public realm, surrounding properties and other structures on the subject property. As a result, the proposed built form will be compatible with the subject property and surrounding area. As outlined in this report, the location, height and floor area of the proposed detached accessory building maintains the general purpose and intent of the applicable Official Plan policies. The requested height of 4.76 metres is required to accommodate the proposed second storey, which will be used for storage purposes only and includes no sanitary or kitchen facilities. Based on the elevations submitted with the application, the height of the ground floor of the detached garage is below the maximum 4.5 metres permitted. The character of the pitched roof structure, with sloping down in height on all sides from the peak, reduces the interior ceiling height of the second storey, which also reduces the functionality of the second storey for purposes other than storage. The prevailing zoning regulations also prohibit use of the accessory building for habitation and employment purposes. While the proposed floor area of the accessory structure is more than three times greater than the maximum permitted, it is my opinion that the purpose and intent of the zoning regulation is to ensure that an accessory structure is incidental or subordinate to the use of the subject property as a single detached dwelling, so as to satisfy the definition of "accessory" under the Zoning By-Law. In this case, the proposed accessory structure is replacing an existing structure of similar footprint (ground floor area) and will serve similar purposes to the existing building. This is an important consideration compared to a proposal to add a new structure that does not currently exist. The existing built form character includes a large detached structure that functions in an accessory manner and does not serve its own primary purpose. The ground floor alone would require a minor variance for the floor area and the inclusion of the second storey triggers only one additional variance to permit 0.26 metres in height above the maximum permitted. Given the compatibility with the existing built form character on the Development Services September 1, 2021 Report No. DS2021-131 Page 10 of 19 Page 166 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... subject property and surrounding area, along with the significant spatial separation between the proposed accessory structure and surrounding uses and structures, I am satisfied that the requested gross floor area will maintain the purpose and intent of the Official Plan and result in no adverse impacts to the property and surrounding community. It is my opinion that the requested minor variances maintain the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variances will facilitate construction of a detached accessory building that is located in an appropriate location on the subject property. The built form character of the existing dwelling and detached sheds, in conjunction with the proposed detached garage, is consistent with the surrounding area and represent appropriate built form on the subject property. The proposal and requested minor variances for increases in height and floor area of the proposed accessory garage relative to the existing permissions and regulations of the Zoning By-Law will also maintain the general purpose and intent of the Official Plan for the following reasons: • There will be no impacts on natural heritage features on the subject property and the surrounding areas; • Existing setbacks to the property lines and structures on the property and neighbouring properties will not be adversely impacted; and • No new services or infrastructure are proposed to support the accessory structure. Development Services September 1, 2021 Report No. DS2021-131 Page 11 of 19 Page 167 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The minor variances will facilitate construction of a 2-storey accessory garage in a location that is consistent with the County and Township Official Plan policies that relate to the concept of compatible residential development that preserves and protects existing natural heritage features and uses land and services more efficiently. The requested minor variances will maintain general purpose and intent of Zoning By-Law 97-95 facilitate implementation of the applicable Official Plan policies. The requested variances will be mitigated by the following: • The proposed second storey will be only 0.26 metres above the maximum permitted height and include only storage uses; • No sanitary or kitchen facilities are proposed on either floor of the garage; and • The significant setbacks and spatial separation from structures on the subject property and in the surrounding area. Are the variances desirable for the appropriate development of the lot? Yes. The proposed detached accessory garage will facilitate more efficient and functional use of the subject property without adversely impacting the natural heritage and built form character of the subject property. The proposed structure will be in the same location and have a similar footprint to the existing detached structure and will be significantly separated from other structures on and adjacent to the subject property. This report has also indicated that the proposal and requested minor variances: are consistent with the Provincial Policy Statement, 2020; conform to the Growth Plan; maintain the general purpose and intent of the Official Plan; and maintain the general purpose and intent of the Zoning By-Law. Are the variances minor? Yes. The proposed building height is only 0.26 metres above the maximum permitted and this additional height will be mitigated by spatial separation from surrounding land uses and structures. This additional height is for the second floor only, which does not occupy the entire footprint of the accessory structure. The requested minor variance to permit greater gross floor area will result in an accessory structure in the same location and with a similar footprint to the existing structure. The floor area will be mitigated by the large lot area and significant building setbacks and spatial separation from the existing structures on the subject property and neighbouring properties. The subject lands are located in a rural area, where accessory buildings and agricultural buildings of various sizes are common, and the proposed building will be similar in size and appearance to the current built form in the area. As a Development Services September 1, 2021 Report No. DS2021-131 Page 12 of 19 Page 168 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... result, this minor variance will not adversely impact the built form character of the property or result in compatibility concerns with surrounding properties. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) 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 Development Engineering — No objection to the application. An Engineering Lot Grading Plan (ELG) is not required at the time of Building Permit application. • Township Operations Division — No objections. • Township Building Division — No comments. Development Services September 1, 2021 Report No. DS2021-131 Page 13 of 19 Page 169 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2021-A-51 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services August 26, 2021 Andria Leigh, Director Development Services August 26, 2021 Development Services September 1, 2021 Report No. DS2021-131 Page 14 of 19 Page 170 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... Schedule 1: Location Map Zone Description Area AIRU Agricultural/Rural Zone 16,3".2 nr` + Map Layers- A!RU A'RU a� a R LI a L.F:U F:I_I EF L•: Fi1y, E P R� a4 F.1 =.F-:iI =..F:I I I xz EF' - EF' EP -,FBI Schedule 2: Aerial Photo Map Layers A Rif a FII Fat FF' AF:II Development Services September 1, 2021 Report No. DS2021-131 Page 15 of 19 Page 171 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos zv 5 Property Frontage Looking West along Horseshoe Valley Property Frontage Looking East along Horseshoe Valley Road Road a�. �fp Existing Single Detached Dwelling on Subject Property Existing Accessory Structure(to be removed) r s�- 4 ' f Existing Single Detached Dwelling and Accessory Building Existing Accessory Building(from Horsehoe Valley Road) (from Horsehoe Valley Road) Development Services September 1, 2021 Report No. DS2021-131 Page 16 of 19 Page 172 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... x d Line 7 North along Property Limits(looking north) Subject Property(from Line 7 North) Schedule 4: Site Plan rr O t5FL.AN OKEY PLANMIS O Development Services September 1, 2021 Report No. DS2021-131 Page 17 of 19 Page 173 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... 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WEST ELEVATION —_____————_ _ eZj— EAST ELEVATION Development Services September 1, 2021 Report No. DS2021-131 Page 18 of 19 Page 174 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... `4 Y -- ---------- I •-��# I I a+w• I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I GAgAGE I EnlruxcE r ----------[&----------- ----------- — ----- —I—I-- — I I I I I I I I I I I I I I I I I I I I I I I I I I I I I s1�aAGE y I I I I I I I I I I I I I I I L I ---- — ---I--- ------- I ---- J —— ------------ — I I I I I I I I I I I I I I I GROUND FLOOR PLAN Aso ------- ----- I I I I I I I I I I I I I I I I I I I I I s I I a I I I I I I I I I I I I I I = I I I I I I 2 36f1RAGE ST6RAGE ` SPORAGE i I I I I I I I I t I I I I I I I I -- ----------- --L— -- -- ------ ----I---- — I I I I I I I I I I I I I I I I I I I �o +1 SECOND FLOOR PLAN AI i:1W Development Services September 1, 2021 Report No. DS2021-131 Page 19 of 19 Page 175 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-51(Skippon) Date: August 21,2021 9:57:03 AM Kendra Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 176 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: August 17, 20214:32 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-51 (Skippon) Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) is NOT required at the time of Building Permit Application. Regards Page 177 of 618 5.e) 5.10 p.m. DS2021-131 , Michael Barton, Township Planning Consultant ... From: McCartney,Garry To: Planning Cc: Wilson,Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-51(Skippon) Date: August 24,2021 2:07:28 PM Attachments: 202109 01-Notice of Public Hearing(2021-A-51)Skiopon.pdf The Building Division has no comments at this time. 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U }' L — E CU N O U U - O -0 �E U cn 0)v N a) � - cao � a� O � 'a� � OLOo U) C)- QU a� in CL ( Q Q o L) cB � 0 0 0 o Co C6 O i Ca fn L Co O a= � a= CU 0 i U UMo � 70L) Q_-0 n Page 186 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-136 Development Services Catherine McLean Committee Intermediate Planner Meeting Date: Subject: Motion # September 1, 2021 Minor Variance Application 2021-A-52 by Aaron Beerman Roll #: & Mikhaela Gray R.M.S. File #: 4346-010-003-16300 12 Algonquin Trail D13 59839 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-136 be received and adopted. 2. That Minor Variance Application 2021-A-52 by Aaron Beerman & Mikhaela Gray specifically for permission to build a detached accessory building in the front yard, approximately 3.66 metres (12.0 feet) from the front lot line, with a maximum height of 5.2 metres (17.1 feet) and a maximum floor area of 145.9 square metres (1 ,571.4 square feet) on lands municipally known as 12 Algonquin Trail, Township of Oro-Medonte, be denied on the basis that the four tests of the Planning Act are not met. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.23 hectares (0.58 acres) according to MPAC records and contains a single detached dwelling and a 5.6 square metre (60.0 square foot) shed. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build a two storey detached accessory building (145.9 square metres/1,571.4 square feet) in front of the dwelling and are seeking relief to the following sections of Zoning By-law 97-95: Development Services September 1, 2021 Report No. DS2021-136 Page 1 of 11 Page 187 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... Section 5.1 .3 (a) — Permitted Locations for Detached Accessory Buildings Required: Proposed: Not be located in the front yard. Located in the front yard, approximately 3.66 metres (12.0 feet) from the front lot line. Section 5.1.4 — Maximum height for a detached accessory building (garage) Required. Proposed: 4.5 metres (14.7 feet) 5.2 metres (17.1 feet) Section 5.1 .6 — Maximum floor area for a detached accessory building (garage) Required: Proposed: 70.0 square metres (753.5 square feet) 1 st floor garage: 72.9 square metres (785.1 square feet) 1 st floor carport: 26.0 square metres (280.4 square feet) 2nd floor storage: 47.0 square metres (505.9 square feet) Tota I: 145.9 square metres (1 ,571.4 square feet) The applicants' site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1 .1.3 — Settlement Areas is applicable to this application. Specifically, Section 1.1.3.1 speaks to settlement areas being the focus of growth and development. The subject lands are located within the Sugarbush settlement area; therefore, Planning Staff is of the opinion that this application is consistent with the Settlement Areas 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 2.2.1 Managing Growth is applicable to this application and states that settlement areas should be the focus of growth. This section has been reviewed and Planning Staff are of the opinion that the proposed detached accessory building conforms to the policies in the Growth Plan as the lands subject to this application are already within an established residential settlement area. Development Services September 1, 2021 Report No. DS2021-136 Page 2 of 11 Page 188 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... County Official Plan The property is designated Settlements in Simcoe County's Official Plan. The Settlements designation is the focus of population growth and seeks to develop a compact urban form that promotes the efficient use of land. In Planning Staff's opinion, the proposed detached accessory building is consistent with the County's Official Plan as it is accessory to the existing permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Residential in the Township's Official Plan. As per Section C14.2.4, `Sugarbush and Buffalo Springs Nodes', the Residential designation applies to some of the lands within the Sugarbush subdivision. Permitted uses in the Residential designation include single detached dwellings, and by extension accessory uses including detached accessory buildings. Therefore, the requested variances pertaining to the construction of a detached accessory building, accessory to the existing residential use, are considered to conform to the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One Exception 113 (R1*113) in the Township's Zoning By-law 97-95. Exception 113 does not impact the proposed variances. According to the Township's Zoning By-law, an accessory building is permitted pursuant to Section 5.1. The applicants have requested relief from the Zoning By-law to permit the construction of a detached accessory building in the front yard with an increased height and increased floor area. The general intent of the Zoning By-law in prohibiting accessory buildings, such as garages, in front yards is to ensure the dwelling remains primary in both use and appearance on the lands, particularly when viewed from the street, and to ensure that there is adequate space for parking in the driveway. The applicants have requested to build their detached accessory building in front of the single detached dwelling, Development Services September 1, 2021 Report No. DS2021-136 Page 3 of 11 Page 189 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... approximately 3.66 metres (12.0 feet) from the front lot line. Due to the position of the garage on the lot and the location on the garage doors facing the interior side lot line, there is adequate space for off-street parking adjacent to the proposed garage. Detached accessory buildings are subject to maximum size restrictions to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot, and to prevent over-development that would detract from the character of the area. The applicants are proposing to build a two storey detached accessory building in front of the dwelling and have requested an increase in floor area from 70.0 square metres (753.5 square feet) to 145.9 square metres (1,571 .4 square feet). The first storey is proposed to be 72.9 square metres (785.1 square feet), with a 26.0 square metres (280.4 square feet) carport and the second storey is proposed to be 47.0 square metres (505.9 square feet). The owner indicated that the second storey is proposed to be used for storage. Despite the proposed increase in the floor area, the proposed accessory building will meet the maximum permitted lot coverage of 5%. The height of a detached accessory building is measured from average grade to mid-roof. The owner is requesting an increase in height from 4.5 metres (14.7 feet) to 5.2 metres (17.1 feet) to accommodate the second floor. The proposed accessory building will be larger than the existing single detached dwelling which is approximately 102.2 square metres (1 ,100 square feet) according to the applicant's submission. Furthermore the garage is proposed to be larger than some of the dwellings along Algonquin Trail. Based on the proposed size of the accessory building relative to the size of the existing dwelling on the subject lands and size of some of the neighbouring dwellings, Planning Staff is of the opinion that the proposed detached garage does not satisfy the definition of "Accessory Structure" set out under the Zoning By-law due to the proposed height and floor area relative to the principle dwelling. Due to the proposed size of the accessory building, Planning Staff have concerns that the proposed building would detract from the established character and built form of this residential neighbourhood. Planning Staff contacted the owner to express their concerns and provide them with the opportunity to revise their plans. The owners have decided to keep their plans as is and ask the Committee for approval. On this basis, it is Planning Staff's opinion that the proposed detached accessory building does not conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff researched all the variances in the older section of Sugarbush and found that the proposed variance to permit a detached accessory building in the front yard, is not out of character for the neighbourhood due to the lot configurations and the topography of the land in the subdivision. Planning staff noted a total of five approved variances for garages in the front yard in this section of Sugarbush (Minor Variances: 2021-A-30, 2017-A-25, 2008-A-43, 2018-A-08 & 2019-A-02). The nearest one was the neighbour directly across the street, at 15 Algonquin Trail, who obtained a variance to Development Services September 1, 2021 Report No. DS2021-136 Page 4 of 11 Page 190 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... permit their detached accessory building in front of the dwelling, 24.3 metres (79.7 feet) from the front lot line (Minor Variance 2021-A-30). In terms of the increase in size, the neighbours located across the street, at 15 Algonquin Trail obtained a variance to permit a floor area of 100.3 square metres (1,080.0 square feet) (Minor Variance 2021-A-30) and the neighbours at 88 Huronwoods Drive obtained a variance to permit a floor area of 74.32 square metres (800.0 square feet) (Minor Variance 2017-A-25). Based on Staff's research, there are no garages of comparable size to the one proposed in the older section of Sugarbush. During the site visit, Planning Staff considered surrounding properties and the established character and built form of the neighbourhood. Planning Staff researched MPAC records of surrounding properties and found that the proposed accessory building would be larger than a number of the existing surrounding single detached dwellings. The proposed accessory building would be the largest within this area and has the potential to establish a precedent for future development within this neighbourhood. The cumulative effect of such potential development would be accessory buildings becoming an increasingly dominant built form within the area. Planning Staff have concerns that the proposed structure will stand-out and detract from the character of this established residential neighbourhood. For these reasons, Planning Staff are of the opinion that the proposed variances are not considered appropriate for the desirable development of the lot. Are the variances minor? "Minor" is not determined on a mathematical basis. Neither the number of variances requested nor the percentage of difference between the permitted standard and what is proposed are counted. Instead, the question is one of whether there will be an adverse impact and what site-specific characteristics the lands may have that could mitigate those impacts. For example, on a different property in a different setting the same variances might be entirely appropriate. However, in this case, the proposed variances represent significant increases above the by-law standards and will result in the construction of a structure that is not subordinate or accessory to the existing single detached dwelling. Lastly, the minor variance to permit this large detached structure in the front yard of the single detached dwelling will detract from the established character and built form of this residential neighbourhood. As the proposed variances are not considered to meet the general intent of the Official Plan and the Zoning By-law and are not desirable for the appropriate development or use of the lot, the variances are not considered to be minor. Development Services September 1, 2021 Report No. DS2021-136 Page 5 of 11 Page 191 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) 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 Infrastructure and Capital Projects — No comments. • Township Development Engineering — No objection. An Engineered Lot Grading Plan (ELG) shall be submitted at the time of Building Permit Application. • Township Building Division — No Comments. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Development Services September 1, 2021 Report No. DS2021-136 Page 6 of 11 Page 192 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-52 be denied, specifically to permit construction of a detached accessory building in the front yard, approximately 3.66 metres (12.0 feet) from the front lot line, with a maximum height of 5.2 metres (17.1 feet) and a maximum floor area of 145.9 square metres (1,571.4 square feet), on the basis that application does not meet the four tests of the Planning Act. Respectfully submitted: Catherine McLean, RPP, Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services August 26, 2021 Andria Leigh, Director Development Services August 26, 2021 Development Services September 1, 2021 Report No. DS2021-136 Page 7 of 11 Page 193 of 618 5J) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... Schedule 1: Location Map T F."" 19 2 t� ry40hawk s T 66 21 23 25 prsea e• ner�n- 't7 r � 28 3 lId. sa n, ° 1. s 27 a 4 l� L}r. —hid, N?'°a°-" 35 70 76 29 33 31 72 8 82 10 84 �>0 4 12 e,�. h 14 36 86 14 15 29 34 16 27 32 14 25 17 23 21 19 8 16 6 Oneida Ave. 19 Schedule 1 Location ®Subject Lands Proud Heritage,Excileng Future 0 100 M File Number:2021-A-52 Q I I Development Services September 1, 2021 Report No. DS2021-136 Page 8 of 11 Page 194 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... Schedule 2: Aerial Photo 7717 -Naoa6lto—Ad. —rlvValle I M• Rd.I 9� 0 094' Schedule 2 Aerial Photo Township of Subject Lands Proud Heritage,Exciting Future 0 20 m File Number:2021-A-52 N I 1 1 1 1 Development Services September 1, 2021 Report No. DS2021-136 Page 9 of 11 Page 195 of 618 5J) 5-20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re- m... Schedule 3: Applicants' Site Plan N" II y it A� M3 -2 ftc q P 7, 1-j 2-2 Schedule 3 Applicant's Site Plan i a k —4 L 0 T h- f File Number 2021-A-52 Proud Heritage,Exclihig Future Development Services September 1, 2021 Report No. DS2021-136 Page 10 of 11 Page 196 of 618 5J) 5-20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re- m... Schedule 4: Elevation Drawing -4� Schedule 4 Applicant's Elevation Drawing File Number 2021-A-52 Proud Heritage,Exclihig Future Development Services September 1, 2021 Report No. DS2021-136 Page 11 of 11 Page 197 of 618 5J) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-52(Beerman&Gray), Date: August 21,2021 9:55:45 AM Kendra Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 198 of 618 5J) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: August 17, 20214:33 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-52 (Beerman &Gray), Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) Shall Be Required to be submitted at the time of Building Permit Application. Regards Page 199 of 618 5J) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... From: McCartney,Garry To: Planning Cc: Wilson,Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-52(Beerman&Gray), Date: August 24,2021 2:06:33 PM Attachments: 202109 01-Notice of Public Hearing(2021-A-52)Beerman and Gray.odf The Building Division has no comments at this time. Thank you, Page 200 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: September 1, 2021 Development Services Committee" From: Kate Bromenshenkel 5f) Additional correspondence received To: Plannina Subject: Neighbours Variance Application Date: August 30,2021 2:40:59 PM Attn: Secretary Treasurer, Development Services My name is Kate Bromenshenkel and I live at 10 Algonquin Trail in Sugarbush. Our neighbours at 12 Algonquin Trail have applied for a variance to build a garage and I felt the need to write to you and let you know that we completely support them in building this garage. They have gone over the plans with us and I feel that what they plan to build will really help them create the storage space that they need for their growing family. They don't have the option to build beside or behind their house so to me this option makes the most sense. It also looks like the garage will be tucked into the woods so it won't make a big statement when driving by. They have a boat, a trailer, as well as two cars, so I think a garage will be nice for them to store these things as opposed to them sitting in the driveway. I know that they are awaiting approval therefore I just wanted you to know that we support them in these plans that they have. Thank you for your time! Kate Bromenshenkel 10 Algonquin Trail, Coldwater, ON, LOKlEO 7052791910 Page 201 of 618 5.f) 5:20 p.m. DS2021-gi QG@ Sri $/Ig;4 , rggg& hi,�lilgre 5f) Additional correspondence received M From: Team Lazy Motorsports To: Plannina Subject: 12 Algonquin Trail-Minor Variance Application Date: August 30,2021 6:38:06 PM To whom it may concern, I am writing this email with regards to an application made for 12 Algonquin Trail, Coldwater, made by Aaron Beerman and Mikhaela Gray. As a neighbouring property with a clear line of view to the main residence as well as the proposed site for the new structure, I believe that the opinion of my family matters. We have resided at 8 Algonquin Trail for almost 10 years and have seen three separate homeowners at the address in question. At one time the residence was not much more than a "junk yard" with countless discarded items strewn throughout the yard, and that began to improve with each subsequent homeowner that has since purchased 12 Algonquin. The current homeowners are excellent people with the intention of building a home to raise a family and continue with the recent improvements that have been undertaken on the property. A garage and storage would not bother myself or my family as a visible distraction, and I feel it would in fact contribute to the positive visual transition that has been occurring locally for some time now. The design that has been chosen fits with the rest of the subdivision, and is a positive change to the property in our opinion. I would go so far as to say that if the Township were to NOT allow the construction of the structure, they would be impeding the type of progress that is necessary for society to thrive, and denying the homeowners an essential part of their home for the future. To be clear, myself and my family are greatly in favour of the Township granting the variance and allowing the construction of the garage. We have absolutely NO reservations or objections with regards to the construction, and sincerely hope that the Township will grant a speedy approval to the residents at 12 Algonquin Trail. Please do not hesitate to contact me should you require any further clarification, or have any questions with regards to this matter. Sincerely, Jeff Jackson, Erin Jackson 8 Algonquin Trail 705 795-1034 Page 202 of 618 5J) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re. September 1, 2021 Development Services Commitkb.. 5f) Additional correspondence received From: Weese, Kim To: Plannina Subject: FW: [Ext]FW: Minor Variance Application number 2021-A-52 12 Algonquin Trail Date: August 31,2021 7:13:40 AM To Whom It May Concern, This letter is meant as input for minor variance application number 2021-A-52. 14 Algonquin Trail, Coldwater. My name is Kim Weese and I own the property next to 14 Algonquin Trail. I have lived at this address for the past 8 years. Aaron and Mikhaela have been nothing but very gracious neighbours and we have considered ourselves fortunate to have such great people beside us. However, the building of this structure in the proposed location will be very intrusive to the enjoyment of my home. I have attached pictures of my current view from my deck, living room , and kitchen. The structure will be right behind the group of trees that you can see in the pics. Because of the angle and placement of my home on the lot, putting a garage in this spot will be extremely intrusive. I have also roughly drawn in my home on the drawing of the plans to illustrate. We enjoy a very serene beautiful view of the trees from the front window and our deck. It is not a large amount of forest by any means and as you can see, it is quite overgrown and private. My current shed is located to the left in these pictures with the proposed structure being right behind it. Should this garage be built in this location, all we will see from my home is the back of a GIANT garage. It will greatly impede the view that we enjoy so much. By looking at the plans and knowing the property, I believe that there are other options for the placement of the building without it intruding on our view or the enjoyment of our home. I believe that is not preferred as it will impede their view. The size is double what is allowed and 400 square feet larger than the house, including 3 feet higher than allowed. At the present time (as shown in the pics) Mr. Beerman has a trailer parked in his driveway which is about 8 feet tall. The proposed building will be behind it and more than twice that high. The garage is literally all we will be able to see when we look out our front window or sit on our deck. Not to mention when winter comes and no leaves are on the trees, it will be all we see. I believe this will cause a considerable property value reduction for my home. Who would want to sit on an enjoyable deck or look out their front window and see a GIANT building. I invite any council member and indeed my neighbours themselves to attend at my home to see first hand how intrusive the placement of this building will be for us. I have no problem with them building a garage on their property,just not right in front of my front window! In my opinion, there is a reason that these zoning by-laws are In place, and this case is a prime example of why. I would like to know the outcome of this application. I have intention of being at the virtual hearing on September 1 but may have a work obligation that makes it difficult to attend. Should you need any other information from me, please connect directly. Kim Weese Page 203 of 618 5J) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... Senior District Manager Marquise Hospitality A member of Compass Group Canada Cell: 416-804-6625 kim.weese@compass-canada.com great people great service great results Page 204 of 618 - +•,z, v-%dam jo " a 11. 4 '•�9°•./ fi, :. • � 4 � �`aI',;'- ♦ ,r�► f1+t P ja• N � ''"'I?��Cfi��i�",,i�� ,,1'''_�; vt �.f '- . � � ram - s�L�LL, �, •�' ~ ..r�'. � _•• . ' - ., \ •t� V .'r'�. � '� '}yrc�J•�li+ �� d_'.t ya• ,.i��{dy{�r `� �.� � � a -. > �.x�ifl�'--: "S : ;. amp• , •,� !"R.�� - •r? -14—. i -•/:'{ �'• -I. a,-.tip ` r..+�� _ ^/. +ij. •c� - "•� -1•: kk— Va- dr ss 1 .J./. i - •��/ _ ,� !� '� SiTL« .-cd_ e;S� Z�. a ma's• "r_zA , y5�•j !! 7 r . rs _.r' Ml4� � y' ♦r s,#.... f n' �r 7 ✓ ,�/�4.�"f ai. ?+.i �3s• � � 160 R 6.,. n l r - ♦w IIL ,a P! !' ; S �. - •J r��>/ .. 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NMI jI 14 jz.Y >a 5.f) 5:20 p.m. DS20S2eptem eC ,t2�L �eveCfop ae,6tlgtev,mee omemlt�eener re: 5f) Additional correspondence received M From: Tracey Baker To: Plannina Subject: 12 Algonquin trail garage Date: September 1,2021 2:13:20 PM Hi, Sorry for the late email....we live across the road from Aaron and Mikhaela and we have no issues to them building their garage as they've applied for. They are very limited to the site location and size and think it would look fine as proposed. Regards, Tracey Baker 15 Algonquin Trail Sent from Yahoo Mail on Android Page 209 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... N 3 n W o `y S Cz J u N (� V _ 06 C Cu E n� W W N o LCL Q (D Cu N ~ a) c� Fu O C: N O a) a) c� 0 � a a . . . . O O N O t� Page 210 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: mil M... AAA � U N q� CD — ) a) E i Q3 Ui O �y Q)CL CSS C4 C4 M 0- U U �\ p r [3] T CL En Ln CD LC7 CO a? O Cu N : 2 V) L cm E E 2 E 0) CCS {Z V) CCS u7 2 V � CuCO U QD _ L6 L Lj N CO70 4— M� � c6 p W �, U) M ) ° C U N o �' � > 0 ` 4- 0 �f] J0 E ZD C � � `� ❑� � c�fiS '� 1 CMG m 70 O e N - o O p `� o es N L � a a ,� V 04-1 E U7 CD N u � a LQ (D o Q CO N D M L 0 4-. U U Q m O Q a N Page 211 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: mil M... AAA 06 -- - C6 E L a) m N I N O N 0 0 a L Q Page 212 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: mil M... AAA C� 06 b - 9 �\ 5 N IGO 1 I n o� t N O . . N � c� FL cn U) c� v CL CL Q Page 213 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... Cu a W W Rl L f W Cu y DI U 1 - IGO U") a -_ �- r N O N c� L 0 V CL CL Q Page 214 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re- m... 5 ` 4WIN wCur�i Ix 06 CO z f w IGO I V J aF z� ( �fly '' y�1.... . I �•r-•:i�R r` ► utir� � «f ,�' � .� �is Page 215 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: mil M... A w _0^, z�. k� �RJ4T y,�4#M1X _0 x � 0) d 1 •� Q Cu Q O O 06 ! s O W U � � U U � Cu IGO Y u� Y�ax N L") a 1 _0 �O 0) �► � to z tygra Y 5:-/ .ir�'�rr1 Page 216 of 618 5.f) 5.20 p.m. DS2021-136, Catherine McLean, Intermediate Planner re: M... c� w (D CV C6 CU � w O }, i to 0 — O O o L cam.) ;r-- CO 'X U U Q QM 00O >' —+� � N a) m Q 'E •V CO CU 0 CO C = Ca -0 CID U) Cuo a) C4-0 00E 'w E L �1 L Cn � C � •V O •U C6 � O � C CU L L N m 4— to C +� ^(D QO .— O � CU M C 0) C '� Q O _0 >, - O O N � CU CU N N � 0 Qa) O CUB COCCO � ) 4- O U E 0 - O r G� CU N C6 ) _ a� O Cn M �c) 70 CO 0 Co C N QO — -0 tn p -0 }, a) O +� N a L O CU O CU - � + 0 .V i (a CCf C O p in Z C6 O W M O Ca N O O 2-Q E Cn s' +� +� L C 4-0N Q CO M }' 7 U CU N CO Page 217 of 618 6.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2021-ZBA-11 (Jacob Smith) Due to the evolving public heath situation (COVID-19), effective March 17, 2020 at 8:30 am the Township of Oro-Medonte Administration Office is closed to the general public until further notice. The Township will livestream the Public Meeting over the internet for public viewing and participation. Please refer to the Township's website(oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete" Application pursuant to the Planning Act on the 215t day of July, 2021. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on September 1, 2021 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as PLAN M92 LOT 47, municipally known as 4 Richelieu Road.A key map illustrating the location of the subject lands to be rezoned, applicants site plan, and a copy of the applicants draft Zoning By-law Amendment Map Schedule. The purpose and effect of the proposed Temporary Use By-Law is to permit the construction of a Garden Suite (second dwelling unit)on the subject lands. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/mun icipal-services/plan ninq-information. Written submissions can be made by: 1. Emailed to planningaoro-medonte.ca prior to or during the Public Hearing; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused,the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Local Planning Appeal Tribunal and may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal,there are reasonable grounds to do so. Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca.Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ninq(a oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made Page 218 of 618 6.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn:Andria Leigh, Director, Development Services plan ninW( oro-medonte.ca Dated at the Township of Oro-Medonte this 10th day of August, 2021. Location Map i 9 � l:finn9lam G�y / - J J Subjext Lands / D—V Mdl ugh / Memorial Pak 1 6 _ 'y ,W sk / N we S Applicant's Site Plan/Zoning Sketch EXTERIOR 190, .. INTEPIOP Page 219 of 618 6.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... From:Saunders, David <dsaunders@oro-medonte.ca> Sent:August 10, 2021 1:34 PM To: Planning<Plannine@oro-medonte.ca> Subject: RE: Notice of Public Meeting for Zoning By-law Amendment 2021-ZBA-11 (Smith) Kendra 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. Regards Page 220 of 618 6.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... From: Metras,Justin To: Ceretti, Kendra Subject: RE: Notice of Public Meeting for Zoning By-law Amendment 2021-ZBA-11(Smith) Date: August 10,2021 12:52:17 PM Kendra Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 221 of 618 6.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... From: McCartney,Garry To: Planning Cc: Wilson,Delanie;Craig,Jason Subject: FW: Notice of Public Meeting for Zoning By-law Amendment 2021-ZBA-11(Smith) Date: August 24,2021 2:39:31 PM Attachments: 202108 09 Notice of Complete Amp&PMl.mdf The Building Division has no comments at this time. Thank you, Page 222 of 618 6.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... 2021-ZBA-11 (JACOB SMITH) Thursday,August 23rd, 2021 To Whom it may concern, I Hayden Durocher located at 3 Richelieu Road acknowledges that Jacob Smith has applied for a Zoning By Law Amendment. I fully support his application and I look forward to him building on the property. It will be great for the neighborhood and will help with housing affordability for his occupant. Thank you for your time and consideration, Hayden Durocher Page 223 of 618 6.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... September 1, 2021 Development Services Committee 6a) Additional correspondence received 2021-ZBA-11 (JACOB SMITH) Thursday,August 23rd, 2021 To Whom it may concern, I, Thomas Quint located at 5 Richelieu Road acknowledge that Jacob Smith has applied for a Zoning By Law Amendment to build a Garden Suite. I fully support his application. It's a great size lot for the space and will add some great curb appeal to the neighbourhood. Thank you for your time and consideration, Thomas Quint Page 224 of 618 6.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... w 10 4-0 s CC 3 S S �9 2 G� 1/ C rc � ors �n 4 Ti O N .FD Cu a) c ._ 4-0 J O a) N O U) t� Page 225 of 618 6.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... 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O ' O 0 (6 2 O O E O T N _0 E N N O N 'r Page 233 of 618 6.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... o o O 0 QL U w C NO � o fro L I E N O � 0 � C:) m C O N O O O N L U) > -0 i C6 L m " O M U) O Q 4-0 U) c6 O >, N c6O N O U � � � 4-0Q � Q � � 4-1 O O c6 J �n 4- �J, O O p c6 70 C6 .0 U 70 N � 0 m � � o N c — N 0 N C6 LO U_ 4-04-0 O E L Q E p Q C/) O Cu U N 2 � = o7 U a � C N O �' Q a � O Q � L Cn Q O O O O O � N � U 7C3 N c6 O N N }, -0 Z3 }' 0 CO O O _2 • I 4- L �--+ i'V'1 Q 70 cu O .V O N O N E Q U 0 (10 4-0 O 0 U O O CO O O o N _0L � N 4-1 N 0 V COL � L U to p X OL Q O }' C"i CM N O to Page 234 of 618 6.a) 5.30 p.m. Notice of Receipt of a Complete Application; N ce of Pa... a ` O W J U) W w w � U) Z - wO � Q F Q Z i .A 00 (' W L.L U) w »� 00 0 � LL 0 Z 0 CU 0 J r ui U Z ww CO � U m - / w w CU U)_ 'i`s > ORR NVIOdO3 W w w J U � UO z � z_ IIzI W U) O� w � w s U w U) W p 0 J J_ , p W W � = 0 � z � w U + p , (► . z Q 00 k, Q 0 . _ z _ W - � z WW LLU OU) J Q 0 W z r IMM =sue :Ds, wQ =W W H J W w ' 3y 4p"" a uj D O O O w LL D O > Z �ea Z 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2021-132 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # September 1, 2021 Minor Variance Application 2021-A-53 Roll #: Logan Pryce R.M.S. File #: 4346-010-008-15100 18 Lakeview Road D13 59840 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-132 be received and adopted. 2. That Minor Variance Application 2021-A-53 by Logan Pryce, specifically for permission to build a new single detached dwelling with a minimum interior side yard setback of 2.0 metres or 6.56 feet (minimum 3.0 metres or 9.8 feet required), be approved, subject to the conditions as outlined in Report DS2021- 132. 3. The conditions are as follows: a) That notwithstanding the Minimum Required Interior Side Yard in Table B1, the proposed detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed dwelling shall be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and, c) 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 September 1, 2021 Report No. DS2021-132 Page 1 of 15 Page 242 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 18 Lakeview Road, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The survey and drawings submitted by the Applicant illustrate that the property is currently occupied by a single detached dwelling and five detached structures in the rear yard. The subject property is 18 Lakeview Road and backs onto Windfields Drive. The subject property has an area of approximately 696 m2 (7,492 ft2) with frontage of 15.26 metres of frontage on Lakeview Road. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Rural • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Shoreline Residential (SR) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing to demolish the existing dwelling and construct of a new detached dwelling with an attached garage. The drawing package submitted by the Applicant includes floor plans and elevations for the proposed structure. These drawings are included in Schedule 5. The following minor variance to Zoning By-Law 97-95 have been requested by the Applicant: To permit a Minimum Interior Side Yard Setback of 2.0 metres (6.56 feet) while 3.0 metres (9.8 feet) is required. 4. Zoning Review Table 1 includes a review of the applicable zoning standards. Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed Minimum Required Front Yard 7.5 m 7.5 m Minimum Required Interior Side Yard 3.0 m 2.0 m(variance required) Minimum Required Rear Yard 7.5 m 18.28 m Maximum Height 11.0 m Not clearly identified on drawings (height will be required to comply) Development Services September 1, 2021 Report No. DS2021-132 Page 2 of 15 Page 243 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... Analysis: 1 . Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The development proposal and requested minor variance are consistent with the applicable policies of PPS 2020 on the basis that more efficient use will be made of the subject property through construction a new detached dwelling, and will have no adverse impact on natural heritage features and surrounding land uses in the community. The subject property is also located within an existing built-up shoreline area that is appropriate for the land use that is compatible with existing uses on and adjacent to the property. The proposal will rely on private on-site sewer and water services and on existing infrastructure and will require no municipal investment in extension or upgrades of municipal services. 2. A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow 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 additions 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. 3. 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 applicable policies of the LSPP and are of the opinion that the application is consistent with the natural heritage and hazard policies of the LSPP. Specifically, Section 6.45 DP states: "the construction of a Development Services September 1, 2021 Report No. DS2021-132 Page 3 of 15 Page 244 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... building on an existing lot of record is permitted, provided it was zoned for such as of the date the Plan came into effect." The subject property is not within the LSRCA regulated area. Planning Staff is of the opinion that the application conforms to the LSPP. 4. County Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The Rural designation permits limited residential development. In Planning Staff's opinion, the applicant's minor variance application conforms to the County's Official Plan as the construction of the addition and the apartment unit to the existing single detached dwelling is permitted on the subject lands. 5. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 addresses the applicable policies. It is my opinion that the proposal for the subject property and the requested minor variance maintain the general purpose and intent of the Township Official Plan. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The development proposal and requested minor variances will have no impacts on natural heritage A2.1 Natural Heritage features on the subject property and the surrounding areas. A2.1.1 Goal • No new services or infrastructure are proposed to support the accessory structure. It is the goal of this Plan to protect and enhance significant . There are no wetlands or Provincially Significant natural heritage features and related ecological functions in Areas of Natural and Scientific Interest located on the Township. or adjacent to the subject property. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. 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. 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 Development Services September 1, 2021 Report No. DS2021-132 Page 4 of 15 Page 245 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... 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. A2.6 Growth and Settlement • The subject property is located within the "Shoreline"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 and single settlements. detached character of the property relative to d)To encourage the more efficient use of land in surrounding land uses. settlements,where appropriate. SECTION CS—SHORELINE • The proposal and requested minor variances will maintain the single detached dwelling residential C5.1 OBJECTIVES character of the subject property and surrounding area. •To maintain the existing character of this predominantly • The proposal will rely on existing services and residential area. infrastructure and not require any extensions or •To protect the natural features of the shoreline area and upgrades. the immediate shoreline. •To ensure that existing development is appropriately serviced with water and sewer services. C5.2 PERMITTED USES Permitted uses on lands designated Shoreline on the schedules to this Plan are single detached dwellings,existing marinas,small scale commercial uses such as convenience stores,public parks,bed and breakfast establishments subject to Section C1.3.10 and home occupations. 6. Township of Oro-Medonte Zoning By-Law 97-95 The proposal to construct a new detached dwelling on the subject property is consistent with the County and Township Official Plan policies that relate to the concept of compatible residential development and intensification that preserves and protects existing natural heritage features and uses land and services more efficiently. The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Shoreline Residential (SR)", which permits single detached dwellings and accessory buildings/structures. This application includes the following minor variance to permit the proposed detached dwelling on the subject property: 1. To permit a Minimum Interior Side Yard Setback of 2.0 metres (3.0 metres required). The proposed 2.0-metre interior side yard setback on the west side of the property will be consistent with the interior side yard setback to the existing dwelling. The proposed Development Services September 1, 2021 Report No. DS2021-132 Page 5 of 15 Page 246 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... 2.0-metre interior side yard setback on the east side of the property is for the portion of the dwelling setback a significant distance from the front of the lot, and aligned with the rear yard of the neighbouring property to the east. A significant portion of the proposed dwelling is setback more than 6 metres from the easterly lot line. Consequently, it is my opinion that the proposed 1-metre reduction in the permitted interior side yard setback will not adversely impact the purpose and intent of the Zoning By-Law to implement the policies of the Official Plan. Moreover, the requested minor variance is not combined with variances for height, floor area and other regulations that would exacerbate the potential for impacts associated with the reduction in the minimum interior side yard setback. It is my opinion that the requested minor variances maintain the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variance will facilitate construction of a detached dwelling that is located within an existing settlement area under the "Shoreline" designation. The built form character of the proposed dwelling and detached garage is consistent with the surrounding area and represents appropriate built form on the subject property. The proposal and requested minor variance for a reduced setback to the interior side yard lot line relative to the existing permissions and regulations of the Zoning By-Law will also maintain the general purpose and intent of the Official Plan for the following reasons: • There will be no impacts on natural heritage features on the subject property and the surrounding areas; • The proposed detached dwelling will be consistent with the existing dwelling on the subject property and compatible with the properties in the surrounding residential community; and Development Services September 1, 2021 Report No. DS2021-132 Page 6 of 15 Page 247 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... • No new services or infrastructure are proposed to support the development. Does the variance conform to the general intent and purpose of the Zoning By-law? Yes. The minor variances will facilitate construction of a detached dwelling that is consistent with the County and Township Official Plan policies that relate to the concept of compatible residential intensification that preserves and protects existing natural heritage features and uses land and services more efficiently. The requested minor variances will maintain general purpose and intent of Zoning By-Law 97-95 facilitate implementation of the applicable Official Plan policies. The requested variance will be mitigated by maintaining the existing side yard setback on the west side of the property and limiting the reduced side yard setback on the east side of the property to only a portion of the proposed dwelling that is located adjacent to the rear yard of the neighbouring property. The proposed 2.0 metres (6.56 feet) side yard would still remain functional for the purposes of access and maintenance around the building. Is the variance desirable for the appropriate development of the lot? Yes. The proposed detached dwelling represents an enhancement of the single detached residential character on the subject property that will be compatible with the surrounding community. The reduced interior side yard setback is being requested without corresponding increases in such regulations as building height, floor area and lot coverage that typically result in adverse impacts to nearby properties. The low density residential character will be maintained in a manner consistent with the existing built form character. This report has also indicated that the proposal and requested minor variances: are consistent with the Provincial Policy Statement, 2020; conform to the Growth Plan; maintain the general purpose and intent of the Official Plan; and maintain the general purpose and intent of the Zoning By-Law. The proposed 2.0 metres (6.56 feet) side yard would still remain functional for the purposes of access and maintenance around the building. Is the variance minor? Yes. The reduction to the minimum interior side yard setback by 1 metre will not result in any adverse impacts to the subject property or surrounding area relative to the required 3.0-metre setback. The location of the proposed dwelling on the subject property takes into consideration the existing westerly side yard setback and the relationship of the subject property to the dwelling and rear yard on the property immediately to the east. It is my opinion that the reduced setback will be compatible with the community and not result in adverse impacts to surrounding properties. Development Services September 1, 2021 Report No. DS2021-132 Page 7 of 15 Page 248 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) 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: • 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 Building division — No comments. • Township Operations Division — No comments. • Township Development Engineering — No objection to the application. An Engineering Lot Grading Plan (ELG) shall be required to be submitted at the time of Building Permit application. Attachments: Schedule 1: Location Map Development Services September 1, 2021 Report No. DS2021-132 Page 8 of 15 Page 249 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2021-A-53 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services August 26, 2021 Andria Leigh, Director Development Services August 27, 2021 Development Services September 1, 2021 Report No. DS2021-132 Page 9 of 15 Page 250 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map Zone Description Area SR Shoreline Residential Zone + "I I Map Layers I.iJk1•R! f SR I. 411 c,R f I I FI_IF1'PJ SF SR SR f Kab R FUR1•&1 etc, SF `:R F f SF. SF O .I ',R l Sk `.1. f SIR F:IJk I'8�1 q.l SF RUR1'&1 SF. Development Services September 1, 2021 Report No. DS2021-132 Page 10 of 15 Page 251 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo SR Development Services September 1, 2021 Report No. DS2021-132 Page 11 of 15 Page 252 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos 9 illy ,t Lakeview Road looking East Lakeview Road looking West �iAAW t i" k 18 and 20 Lakeview Road 18 Lakeview Road(Subject Property) Development Services September 1, 2021 Report No. DS2021-132 Page 12 of 15 Page 253 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan WINDFIELDS DRIVE (SY REGISTF7REP PLAN 17-1N7) P I.N 58557-00Z9(JT E 0 O M N58'45'20-E 15.24 5 OOm 41. S.GOm I . 3.p17m e , eo o d I'A � r I� z. r • 0 PILLED YELL fRAME 2.km E .., rw rE 4 MY. NCO Offinmo j Mo•ir+ I . - I{{ e°7 I r • I I�; a.onm I ,I ;•.,;.as.. , ..�i 7-1fim ifl� w qbb u7 I loaau oxncw r �- it i •.•�... .,J„ 1 L�R40i4� •• 'REu�Y W kli l.� '-. JIt+r i lu — _MY-w.(,Up TALL .:-_ Fa�c a YJ'ha11 ING LAKEVIEW ROAD fill'IPLGi7-7-'FZL I'LAN %vie: Development Services September 1, 2021 Report No. DS2021-132 Page 13 of 15 Page 254 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings I , r sYr t F 1 I F V - 4 _ JLLY MGM — LOy F 9 1 I p h l a..-• tee= =mot. m . . I IFr I c� Development Services September 1, 2021 Report No. DS2021-132 Page 14 of 15 Page 255 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... - IM C3 _ no Development Services September 1, 2021 Report No. DS2021-132 Page 15 of 15 Page 256 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-53(Pryce) Date: August 21,2021 10:01:11 AM Kendra Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 257 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: August 17, 20214:29 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-53 (Pryce) Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) Shall Be Required to be submitted at the time of Building Permit Application. Regards Page 258 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... From: McCartney,Garry To: Planning Cc: Wilson,Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-53(Pryce) Date: August 24,2021 2:16:30 PM Attachments: 202108 12 Notice of Pubic Hearing(Prvice).pdf The Building Division has no comments at this time. Thank you, Page 259 of 618 7.a) 5.50 p.m. DS2021-132, Michael Barton, Township Planning Consultant ... �4 AI w P CM LO Q N U) N _ c� O a) C .j � 'F � a) J '� U) � 00 � . . . . O a� U) a q. 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U � �; � m CUE � a � L U L COO) U 0) Q E CU -1� (D -0C: 0 N N >,C7 0 CO `) gin � � ° � �. � 0 U) 0- -a � � i U O L O 70 > J (Dcn a 0 Q N 0 >+ Q (DO CN O Q N p Cy) 40� to (a C: (DE O 'C: -0 O CB J 1 N O M C C (V UCU W a- w o a� N > W � � o CU � � � 0 � O U Q 4) C) �' CU � Cj 1.- o Q N .0 N Ln N Q p ._�_ U N +— LO to O O O O CO CU0 CU Q (D — N Q — _r_ }' -a C: CU CO (n C) Q (n C A L + ++ N O CU CU (n Q (D C:U _� U (D (n Q Q O Q (6 U O O L O Q .0 (B C C:) Q _0 Z Ca C: U N Q (D O O-) Ca CU N � (� - � Q � C- 0) N Q O � 70 � N CU cn 0 +, G� CU (n H H 4) CU H Q Page 267 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-126 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # September 1, 2021 Minor Variance Application 2021-A-54 by Roll #: Mark Levin R.M.S. File #: 4346-050-001-00848 14 Procee Circle D13-59849 Recommendation(s): Requires Action For Information Only It are recommended: 1. That Report No. DS2021-126 be received and adopted. 2. That Minor Variance Application 2021-A-54 by Mark Levin, specifically for permission to permit the enclosure of the existing front porch with a reduced setback of 6.09 metres (20.0 feet) to the front lot line, on the lands municipally known as 14 Procee Circle, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-126. 3. That the following conditions be imposed on the Committee's decision: a. That notwithstanding Table B1 — R1 , Front Yard Setback of Zoning By-law 97-95, the proposed addition 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, if required, an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the structure is no closer than 6.09 metres (20.0 feet) from the front lot line; 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. That this Decision 2021-A-54 supersedes and renders null and void the previous Decision 2019-A-65 pertaining to these same lands. Development Services September 1, 2021 Report No. DS2021-126 Page 1 of 10 Page 268 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: 5. And that the applicant be advised of the Development Services Cor�1rfiit%,yariance... decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.22 hectares (0.54 acres) and is currently used as a residential lot, as shown in Schedules 1 and 2. The property currently supports a single detached dwelling with an area of 102.2 sq. m. (1,100.0 sq. ft.). The applicant is requesting relief from the following Section of Zoning By-law 97-95, as amended: Table B1 — R1 , Front yard setback Permitted: Proposed: 7.5 metres (24.6 feet) 6.09 metres (20.0 feet) The subject lands were previously the subject of Minor Variance Applications 2019-A- 65. Application 2019-A-65 was approved for permission to permit an unenclosed porch and ramp within the front yard with an encroachment of 1.41 metres (4.6 feet). The applicant commenced construction of the front porch in accordance with the approved minor variance, but has proceeded to enclose the porch and no longer include the ramp. This triggers a new minor variance as the space will now be considered floor area. In the event that the Development Services Committee chooses to approve the current Minor Variance Application 2021-A-54, the previous decision would be superseded and the file closed. 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 applicant is proposing to enclose an existing front porch that would be permitted by these policies. Development Services September 1, 2021 Report No. DS2021-126 Page 2 of 10 Page 269 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Planning Staff is of the opinion that this application is consistent with the policies ia9ke ariance... 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 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification ... [and] 1) directing development to settlement areas ...... Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed structure conforms to the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is a residential lot within an established rural settlement area (Craighurst). Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements, and minimize land consumption and servicing costs" (County of Simcoe, 2016). In Planning Staff's opinion, the applicant's minor variance application conforms to the general intent and purpose of the County's Official Plan by focusing development within the settlement area of Craighurst. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services September 1, 2021 Report No. DS2021-126 Page 3 of 10 Page 270 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Does the variance conform to the general intent of the Official Plan? Minor Variance... The subject lands are designated Rural Settlement Area in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variance is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97-95, as amended. Single detached dwellings and by extension accessory uses to the residential use are permitted in the R1 Zone. The applicant is proposing to enclose the existing front porch that was the subject of a previous minor variance 2019-A-65 for a reduced front yard setback. The proposed porch enclosure will not further encroach into the required front yard. The general intent of the Zoning By-law in requiring the minimum setback from the front lot line is for functional matters such as adequate driveway length for parking, to provide space for a landscaped area to enhance the appearance of the streetscape and, particularly in built-up areas, to maintain a consistent building setback that contributes to the attractiveness of the neighbourhood. The proposed front yard setback will allow for these functional matters to continue and is not expected negatively affect the character of the neighbourhood. For the reasons outlined above, the requested variance is considered to meet 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 or detract from the character of this established neighbourhood. Upon site visit, Staff noted that the proposed structure will be in keeping with the character of the neighbourhood. The proposed structure will not interfere with functional matters such as parking and the septic system. 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. Staff believe that the enclosure of the porch will be in keeping with the residential character. 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 Services September 1, 2021 Report No. DS2021-126 Page 4 of 10 Page 271 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: development of the lot, and is not anticipated to have an adverse effect on the K 1pr2upriance... of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objections. If the Addition (Three Season Sun Room Addition) is larger than 240 sq. ft. in size (22.3 m. sq.) an Engineered Lot Grading Plan shall be required. • Township Infrastructure and Capital Projects — no comments. • Nottawasaga Valley Conservation Authority — no objection. • Township Building Department — no comments. Development Services September 1, 2021 Report No. DS2021-126 Page 5 of 10 Page 272 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Attachments: lance... Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-54 be approved specifically to permit the enclosure of the existing front porch with a reduced setback of 6.09 metres (20.0 feet) to the front lot line on the lands municipally known as 14 Procee Circle on the basis that the application is consistent with and conforms to Provincial policies and the County of Simcoe Official Plan and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services August 26, 2021 Andria Leigh, Director, Development Services August 26, 2021 Development Services September 1, 2021 Report No. DS2021-126 Page 6 of 10 Page 273 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Schedule 1: Location Map Minor Variance... I P 34 r8 C C � i 'tk r� —Ritlgu a..... 30 28 32 34 3,' 26 24 22 20 Q 35 37 16 33 16 14 71 12 69 67 65 63 10 a 6 80 4 1Y 82 72 70 68 66 64 eYi 2210 0 d 2 84 m Horseshoe Valley Rd.W. Schedule 1 OEM& Location -„ r�,wr:�allrr of Subject Lands �� � Fraud Heritage,Exching FUi+ere l 0 100 M File Number:2021-A-54 I f I Development Services September 1, 2021 Report No. DS2021-126 Page 7 of 10 Page 274 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re, Schedule 2: Aerial Photo Minor Variance... p a5` s Rftl, 1 0 t Schedule 2 Aerial Photo Subject Lands P.aue1 Heritage,Exrr[Ing Fuuere © 211 M i u Development Services September 1, 2021 Report No. DS2021-126 Page 8 of 10 Page 275 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Schedule 3: Applicant Site Plan Minor Variance... _PROPERTY LINE ©L J N C1 3G�-1 111 1 1 25m) I � Z 31-411 F7.1 1 MS 5X1 gT• reel AM R F5.d9M1 I � i'7.95rvs3 J SETBACK a7 � a N _ y PR❑-PE R-TY LINE Schedule 3 Applicant's Site Plan Toumsh. �f File Number 2021-A-54 � Proud Heritaje,1.>edtirrp Future Development Services September 1, 2021 Report No. DS2021-126 Page 9 of 10 Page 276 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Schedule 4: Applicant's Elevation Plan Minor Variance... rrrl NJT FI FVAT[TIN C❑HCEFT:1 1 FFT ELEVATIQN RIGHT ELLEVATMIN CONCFpY A ❑ONL^EPT A -.-gam •. J ArJniTi_CJN _ Ryy 1 Schedule 4IOL Applicant's Elevation Drawings -" Tlums�ipa�f �I File Number 2021-A-54 Proud Heritage,Exeiring Future Development Services September 1, 2021 Report No. DS2021-126 Page 10 of 10 Page 277 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-54(Levin) Date: August 21,2021 10:11:23 AM Kendra Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 278 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: August 17, 2021 12:44 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-54 (Levin) Development Engineering has No Objection to the above noted Application. If the Addition (Three Season Sun Room Addition) is larger than 240 sq. ft. in size (22.3 m. sq.) An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Regards Page 279 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance... From: McCartney,Garry To: Planning Cc: Wilson,Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-54(Levin) Date: August 24,2021 2:29:54 PM Attachments: 202108 09 Notice of Pubic Hearing(2021-A-54)Levin.odf The Building Division has no comments at this time. Thank you, Page 280 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance... From: Amy Knapp<aknapp@nvca.on.ca> Sent:August 25, 2021 9:42 AM To: Planning<Planning@oro-medonte.ca> Subject: NVCA Committee of Adjustment Comments for September Hearing The Nottawasaga Valley Conservation Authority (NVCA) has reviewed and can offer the following for consideration: Minor Variance — 2021-A-54— 13 Procee Circle The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the proposed minor variance and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to the approval of this application. Further, staff have confirmed that the proposed development is not within: • a flood susceptible area; • a hazardous site (characterized by unstable soils or bedrock); • an erosion hazard area, or; • an area subject to this Authority's Development, Interference With Wetlands and Alterations To Shorelines and Watercourses Regulation (Ontario Regulation 172/06). • No Natural Heritage Features present Therefore, please regard this letter as clearance under the Conservation Authorities Act and Ontario Regulation 172/06 for the proposed construction based on the site plan circulated with the application. Please advise if the proposal changes in any way as a permit with conditions may be required from the NVCA. Thank you for circulating this application and please forward a copy of any decision and notice of any appeals filed for the above reference application. Sincerely, Amy Knapp I Planner III Nottawasaga Valley Conservation Authority 8195 8ch Line, Utopia, ON LOM 1TO T 705-424-1479 ext.233 I F 705-424-2115 aknapp@nvca.on.ca I nvca.on.ca I am currently working remotely as the Nottawasaga Valley Conservation Authority is taking preventative measures to limit the spread of COVID-19. You may experience some delays or disruptions as we follow recommendations of health professionals to slow the virus from spreading. This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. Page 281 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance... Ra � �• h -Y�•a 'V^ I Q I r N N a) Cu U C/) _ a) a) 0 O a) C a O }' .— C i N Page 282 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance... Mm E a, O o •� � o Z3 N U) o U) O CO � U U) Cn 0) CD J � CD 4-0 O i U � p O N T O o .( N 0) 4 0 as Q 12 L t O � Q Cn i V) U) (n +-0 +-0 E CI) U U � Q Q Gj Q Q . . N M (6 Ln Q ti CL Page 283 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance... I (J a LO Q N O N o N d a � f4 Co Q ■ O ^O ^i A L Q Page 284 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance... XW 1 w a= w o° IL —E Nn NP LL N P Y_ _ / 1 N OI I I I N I I I I cn U) C c� v Q Page 285 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance... w z Z 4 F+�^ni• •I 'll - J i i III. i T N a a C 3 wZ � C > N W O N a a w C o � U L Q Z N Q LL V/ L V CL CL Q Page 286 of 618 b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re- w Fr I4inor Variance... ?c £1 g QL 0) �/ vJ W J � O l v/ III N ,4 O N } a) U � U a) 0 O O Z Page 287 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance... � o O U O O n O U O Q 0) .� W J L� i Q i N �n O � N ®l , Page 288 of 618 7.b) 6.00 p.m. DS2021-126, Danielle Waters, Planner, re: Minor Variance... Q CO w .O p U U U OCO N N w C CuCu O N C c J U ) p 0 O N O O 4-O to O L (6 . L O N (II O N N L H C + N 0- 0 L C Cu 0 Cu0 W O Q) > L N > (fl O _ L � C Cfl U N > C) N Cu p C L C)0- Q (n "- OLN OL 0- O L QN C6 a) C Cl Q OL (n CO C) . L M N U Q N , N 70 L U O C > CA p U C O CU 0- � w N C) "- CA N O N a > C0 E O 0 •^>' Cu Neu oO 0 -0 W Q O N > C L N CIS N (A O C) Cu � 0- N �}� p W >% U �O Q L E V Cu O cII 0 C Cu 0 O C a) o)-O O O (n U � C .ln O> U nU♦ ,� C -0 O O (n C N E cCu (/A Q �I � /(W�, U Cu 0-� O U T�S1 W Cu O �i 0 E L V/ Al > �'-� U � � m Q E �\ � � C � C uW N N E C)70 O C N 0 � o o 0 CUC) 0 �,= o a) CU � c E N Cu C � � � CLL Cu CU0 0M > Q E -0 (D N L -0 � 2 -0 a� O N C) 0 0- (n ) Cu J Cu O R C) Q � O NCu ON CO' Q.E m p N -0 O � � Q-O Q 0O O (II � 0-- (II Cu C "- 'C (n Q COY a)Cu -0 a) C O ' > Q 'U N O C) CU N O _ C C O �. Q . . N Q � SZ N Cu O CU -0 ON Q C C2 a) _0 0) O C2 CU NO O a) a) 0 0 u M O a) . C O N Cu 0- (n C � (II U � C �L N O N C Q C C M Cu -0 O C Q U ZT.Q� O_ C) CU O "- to Z Cu L p O — N O > CU N O - (6 (Q CU N Cn H (II > C +• +• +• Cu O � � p p � co U � �Cu CU � Page 289 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2021-133 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # September 1, 2021 Minor Variance Application 2021-A-55 Roll #: Bruce Duncan R.M.S. File #: 4346-010-006-04200 9 Georgina Drive D13 59850 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-133 be received and adopted. 2. That Minor Variance Application 2021-A-55 by Bruce Duncan, specifically for permission to build a one-storey detached garage with a maximum floor area of 90.4 m2 (maximum 70 m2 permitted), be approved subject to the conditions as outlined in Report DS2021-133. 3. The conditions are as follows: a) That notwithstanding Section 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services September 1, 2021 Report No. DS2021-133 Page 1 of 16 Page 290 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 9 Georgina Drive, backing directly onto Lake Simcoe, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The survey and drawings submitted by the Applicant illustrate that the property is currently occupied by a detached dwelling located centrally within the lot and a detached shed in the rear yard. The detached dwelling is accessed from Georgina Drive by a driveway that runs along the east side of the property. The subject property has an area of approximately 2,248 m2 (24,197 ft2) with frontage of 21.9 metres of frontage on Georgina Drive. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Rural • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Shoreline Residential (SR) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing construction of a one-storey, 3-car detached garage in the front yard along the east side of the property. The proposed structure will have a gross floor area of 90.4 m2 (973 ft2). The existing single detached dwelling and detached shed will remain. The drawing package submitted by the Applicant includes floor plans and elevations for the proposed structure. These drawings are included in Schedule 5. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: • To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (90.4 m2 proposed). 4. Zoning Review Table 1 includes a review of the applicable zoning standards. The intent of the proposal is construct a one-storey detached garage in the front yard that exceeds the maximum permitted floor area for a detached accessory building or structure. Development Services September 1, 2021 Report No. DS2021-133 Page 2 of 16 Page 291 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings,Structures and Where this By-law provides that land The proposed detached garage is an Uses[By-law 2017-0121 may be used or a building or structure accessory building per this definition. may be erected or used for a purpose, that purpose may include any detached accessory buildings, accessory structures or accessory uses located on the same lot as the primary use to which they are related.For the purposes of this by-law a retaining wall with a height of 1.0 metre(3.2 feet)or more is considered an accessory structure and is subject to the provisions of Section 5.1. 5.1.1 Uses Permitted in Detached No detached accessory building or The proposed detached garage Accessory Buildings and Structures[By- accessory structure shall be used for complies with this definition of uses law 2015-1921 human habitation or an occupation for permitted in detached accessory gain,unless specifically permitted by buildings. this By-law.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 5.1.3 Permitted locations for detached Unless otherwise specified in this By- The proposed detached garage accessory buildings and structures in law,detached accessory buildings and complies with this section of the all zones[By-law 2004-063,2015-192, structures,except boathouses,shall: Zoning By-Law on the following basis: 2017-0121 a)Not be located in the front yard. . The garage will be located in Notwithstanding this provision,a the front yard,which is detached private garage is permitted in permitted since the lot abuts the front yard of a lot that abuts Lake Lake Simcoe and provides a Simcoe or Bass Lake provided it is set front yard setback exceeding back a minimum distance equal to the the minimum requirement of required front yard for the main 7.5 metres; building from the front lot line. . The proposed garage will be Notwithstanding this provision,a located greater than 1 metre detached accessory building is from the existing single permitted in the front yard in the detached dwelling and Agricultural/Rural(A/RU)Zone detached structure on the provided it is not located in the subject property;and required front yard.Notwithstanding . The proposed garage will this provision,a retaining wall with a significantly exceed the height of 1.0 metres or more is requirements for setback permitted in the front yard in all from Lake Simcoe. Residential zones provided it is not within the required front yard. Development Services September 1, 2021 Report No. DS2021-133 Page 3 of 16 Page 292 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... b)Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d)Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line. Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. e)Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres(49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached 3.05 m proposed accessory building or structure,except boathouses,is 4.5 metres(14.7 feet). 5.1.5 Maximum lot coverage The maximum lot coverage of all 4.5%proposed detached accessory buildings and structures on a lot,excluding boathouses,is 5 percent. 5.1.6 Maximum floor area[By-law The maximum floor area of any one 90.4 m2(variance required) 2003-081,2017-0121 detached accessory building or structure,excluding boathouses, is 70 square metres(753.5 square feet). However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) Analysis: Provincial Policies 1. Provincial Policy Statement, 2020 Development Services September 1, 2021 Report No. DS2021-133 Page 4 of 16 Page 293 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development is not anticipated to impact any natural features or functions. 2. A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow 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 additions 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. 3. 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 applicable policies of the LSPP and are of the opinion that the application is consistent with the natural heritage and hazard policies of the LSPP. Specifically, Section 6.45 DP states: "the construction of a building on an existing lot of record is permitted, provided it was zoned for such as of the date the Plan came into effect." The subject property is partially within the regulated area however the proposed works are located outside of the regulated portion and will therefore not require a permit. Comments have been received from the Lake Simcoe Conservation Authority (LSRCA) which state that the 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. 4. County Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The Rural designation permits limited residential development. In Planning Staff's opinion, the applicant's minor variance application conforms to the County's Official Plan as the construction of an accessory building associated with a dwelling is permitted on the subject lands. Development Services September 1, 2021 Report No. DS2021-133 Page 5 of 16 Page 294 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... 5. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 addresses the applicable policies. It is my opinion that the proposal for the subject property and the requested minor variances maintain the general purpose and intent of the Township Official Plan. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The development proposal and requested minor variances will have no impacts on natural heritage A2.1 Natural Heritage features on the subject property and the surrounding areas. A2.1.1 Goal • The setback to Lake Simcoe will be maintained given that the proposed detached structure is It is the goal of this Plan to protect and enhance significant located in front of the existing single detached natural heritage features and related ecological functions in dwelling,in close proximity to Georgina Drive. the Township. • No new services or infrastructure are proposed to support the accessory structure. A2.1.2 Strategic Objectives • There are no wetlands or Provincially Significant Areas of Natural and Scientific Interest located on a)To protect from incompatible development significant or adjacent to the subject property. natural heritage features and their associated ecological and hydrological functions. 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. 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. A2.6 Growth and Settlement • The subject property is located within the "Shoreline"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 and single settlements. detached character of the property relative to d)To encourage the more efficient use of land in surrounding land uses. settlements,where appropriate. SECTION CS—SHORELINE • The proposal and requested minor variances will maintain the single detached dwelling residential C5.1 OBJECTIVES Development Services September 1, 2021 Report No. DS2021-133 Page 6 of 16 Page 295 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... character of the subject property and surrounding •To maintain the existing character of this predominantly area by adding an accessory garage to the existing residential area. cleared and developed portion of the property. •To protect the natural features of the shoreline area and • The existing rear yard setback to Lake Simcoe will the immediate shoreline. be maintained by placing the proposed garage in •To ensure that existing development is appropriately front yard. serviced with water and sewer services. • The proposal will rely on existing services and infrastructure and not require any extensions or C5.2 PERMITTED USES upgrades. Permitted uses on lands designated Shoreline on the schedules to this Plan are single detached dwellings,existing marinas,small scale commercial uses such as convenience stores,public parks,bed and breakfast establishments subject to Section C1.3.10 and home occupations. C5.6 SETBACKS FROM LAKE SIMCOE AND BASS LAKE The retention of tree cover on the shoreline is important to the maintenance of the integrity of the shoreline.The implementing Zoning By-law shall include a setback from the high water mark for all new development,including additions,renovations and new construction,excepting boathouses,along the Lake Simcoe and Bass Lake shorelines. In addition,the implementing Zoning By-law shall contain provisions that restrict the size and location of boathouses on a lot. 6. Township of Oro-Medonte Zoning By-Law 97-95 The proposal to construct a 1-storey accessory garage at the front of the subject property is consistent with the County and Township Official Plan policies that relate to the concept of compatible residential intensification that preserves and protects existing natural heritage features and uses land and services more efficiently. The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Shoreline Residential (SR)", which permits single detached dwellings and accessory buildings/structures. This application includes the following minor variances to permit a proposed detached accessory garage at the front of the subject property: • To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (90.4 m2 proposed). The proposed garage will be located within an area currently used for vehicular parking and will provide for more organized and efficient parking than undercurrent conditions. The proposed floor area of the detached garage will not result in adverse impacts to the built form character and existing land uses on the subject property and in the surrounding area relative to the maximum permitted floor area. The structure will be Development Services September 1, 2021 Report No. DS2021-133 Page 7 of 16 Page 296 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... situated in a location permitted by the zoning regulations in terms of front, rear and side yard setbacks, including spatial separation from the existing structures on the subject property and the setback to Lake Simcoe. The requested increase in floor area relative to the maximum permitted under the Zoning By-Law is not accompanied by other minor variances that would result in significant changes in built form character on the property, including building height. Moreover, the lot coverage of accessory structures will remain below the maximum permitted 5% after construction of the proposed garage. As outlined in this report, the location, height and floor area of the proposed detached accessory building maintains the general purpose and intent of the applicable Official Plan policies. It is my opinion that the requested minor variance maintains the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variance will facilitate construction of a detached accessory building that is located within an existing settlement area under the "Shoreline" designation. The built form character of the existing dwelling in conjunction with the proposed detached garage is consistent with the surrounding area and represent appropriate built form on the subject property. The proposal and requested minor variance for maximum floor area of 90.4 m2 will not result in any adverse impacts to the subject property or surrounding area relative to the 70 m2 permitted and will also maintain the general purpose and intent of the Official Plan for the following reasons: • There will be no impacts on natural heritage features on the subject property and the surrounding areas; Development Services September 1, 2021 Report No. DS2021-133 Page 8 of 16 Page 297 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... • The setback to Lake Simcoe will be maintained given that the proposed detached structure is located in front of the existing single detached dwelling, in close proximity to Georgina Drive; and • No new services or infrastructure are proposed to support the accessory structure. Does the variance conform to the general intent and purpose of the Zoning By-law? Yes. The minor variances will facilitate construction of an accessory garage at the front of the subject property that is consistent with the County and Township Official Plan policies that relate to the concept of compatible residential intensification that preserves and protects existing natural heritage features and uses land and services more efficiently. The requested minor variance will maintain general purpose and intent of Zoning By-Law 97-95 facilitate implementation of the applicable Official Plan policies. The requested variance for maximum floor area will be mitigated by a building height less than the maximum permitted and setbacks that exceed the minimum required. Moreover, the structure will be used exclusively for parking and there are no sanitary or kitchen facilities proposed. Is the variance desirable for the appropriate development of the lot? Yes. The proposed detached accessory garage will facilitate more efficient and functional use of the subject property without adversely impacting the natural heritage and built form character of the subject property. The proposed structure is located in front of the existing dwelling in a location permitted under the Zoning By-Law, including setbacks to the front lot line and Lake Simcoe. The requested increase in floor is not accompanied by increases in height and reductions in setbacks that could result in adverse impacts due to building massing. This report has also indicated that the proposal and requested minor variances: are consistent with the Provincial Policy Statement, 2020; conform to the Growth Plan; maintain the general purpose and intent of the Official Plan; and maintain the general purpose and intent of the Zoning By-Law. Is the variance minor? Yes. The requested minor variance will increase the maximum floor area of the detached garage from 70 m2 to 90.4 m2 (20.4 m2 or 29%). The additional floor area will primarily allow for a third vehicle to be parked in the garage. It is my opinion that this additional floor area will not result in adverse impacts to the built form and natural heritage character of either the subject property or surrounding area. The floor area is also not accompanied by other minor variances, such as maximum lot coverage and maximum building height, that would contribute to built form that is not consistent with the community. Development Services September 1, 2021 Report No. DS2021-133 Page 9 of 16 Page 298 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) 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: • 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 Division — No comments. • Township Development Engineering — No objection to the application. An Engineered Lot Grading Plan (ELG) Shall Be required to be submitted at the time of Building Permit Application. • Township Building Division - Applicant to identify location of current sewage system and components (tank and piping) in relation to the proposed structure and Applicant to identify location for replacement Ontario Building Code compliant sewage system Development Services September 1, 2021 Report No. DS2021-133 Page 10 of 16 Page 299 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2021-A-55 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services August 27, 2021 Andria Leigh, Director Development Services August 27, 2021 Development Services September 1, 2021 Report No. DS2021-133 Page 11 of 16 Page 300 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map Zone Description Area SR Shoreline Residential Zone 2,248 m2 ARiI Iq ftll ER FII + Map Layers :,FEU Er RI I •.I " ��-aR'1 ARU I it I I I I f I 3.a R1 fli II � RI F149 SR \ FL RI II R 11•.I 1 I I RI I 7 I RI RI II F. R I L F:I SF J R1 I Schedule 2: Aerial Photo RI _ � �f►k SR t . Development Services September 1, 2021 Report No. DS2021-133 Page 12 of 16 Page 301 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos Georgina Drive looking West Georgina Drive looking East k �■Y ■ l Existing Detached Dwelling Location of Proposed Detached Garage Development Services September 1, 2021 Report No. DS2021-133 Page 13 of 16 Page 302 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... View of Proposed Garage Location from Neighbouring View of Proposed Garage Location from Interior of Subject Property Property Schedule 4: Site Plan PARr aPLAN 57I7.. ow:,,• ;vpAF7 31, PLAN 5PR — 28451 "- A wJ .gip. .• •. XZ1 �- - OT 1, CONCESSION --- -- _ - _-.-M ,> Ate" STR_,__284_ 8 .. PART 29, PLAN 5iR - 28451 $ ivE GEQRGINA M. i56a1 (?Q I NfOf BY RLAW iRot4 PLA �I` * (LriC/5£fl BY 6Y-ow R0,41f739) 1561 W �a PLAN 1_- REGISTERED ;°' _ x •� LOT J LOT yy �4 Ste .% v r, Development Services September 1, 2021 Report No. DS2021-133 Page 14 of 16 Page 303 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings Jim - ] [ ® } 4 ii ll tt 11 ll ll�� s+xrx vHdEFI! 4� — ..._..__.. ._._........... ... ... AIPRAL7 .. __ ._.__._ _..... "bl Gi WIL.L Ih4Tr .. ........—__,_. ._-..._.... .. ........ Development Services September 1, 2021 Report No. DS2021-133 Page 15 of 16 Page 304 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... ---------------- �i� --- .p -- --- _—_ -: musr rmmen. am ---------------- �\ m • w®ra.rac�auc T 9 4 a .-----___ ---------......... Development Services September 1, 2021 Report No. DS2021-133 Page 16 of 16 Page 305 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-55(Duncan) Date: August 21,2021 9:58:58 AM Kendra Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 306 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent:August 17, 20214:31 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-55 (Duncan) Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) Shall Be Required to be submitted at the time of Building Permit Application. Regards Page 307 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... From: McCartney,Garry To: Planning Cc: Wilson,Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-55(Duncan) Date: August 24,2021 2:15:01 PM Attachments: 202108 17 Notice of Pubic Hearing(Duncan).odf Building Division comments are as follows; 1. Applicant to identify location of current sewage system and components (tank and piping) in relation to the proposed structure. 2. Applicant to identify location for replacement Ontario Building Code compliant sewage system Thank you, Page 308 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... w Y W yam. C C tC J 1 C� 111 U E O� L / f a L / . I..L U) N O c� N a) .> a — 0 (D -0 ca (n .� � .� a� _0 � O cn � a) ao� •� U) U) a o • • }' � Page 309 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... LO w S� b CU L 0) Cn - W O O v INCO c6 0 Cr Q U O CU U a� co 4-0 O o6 4-0l75. 0- 0) Q � T i O � U a) N O 4-0 O 4-0O •U) L n' O QL L O 0 � cli i C: Q x a) O (U � cD E L 6 � " (U M r . = � . . U U) o = cr }, ZZ N o N U U) L a) Q Q ca Page 310 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... AAA DRIVE GINA ------ PART 3, PLAN[ R9 �' +PART 31. PLAN _ �-•� .,°• .,5 ,_.. __mow >✓J-�"'7- c..,:a� - e -fJiA -ill R-1'f7S,54 Al— ra-�+ E.P.R. CONCESSION saART 51R - 28457 RLGrsIV?Co PLAN Y—LAW R©rs24738) U it u�mocx t PLAN .} ' N LOT �*d° - _ O nAV O L Q Page 311 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... AAA — --------- W'LYwY.xbA—T— 3FRi09N9Z;CG 6 14EEiiitJ AY W i3k73VLMd_ti1 ':IX k 3NY 4Y1'1 NO'L LT8 W 3ly.S OG.VGtltlON9C 3D91i9% YIQ J ,,au x "— �1'JNI4II[igi�I01SfIJVO�ANd L � I PtMR GNg19/� - I IY me�� It LO I I A� W ■ CL Q Page 312 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... ,G,.«,,, swu�.�ara arrow � ONI071[L8 WO.LSf1J NOJ1LNd ;- _kid AAA 5114 I 4 1 6 hl T 1 � I FI i D II ._-------. — ioz k wsnnioinu%'oinn wxmnowec \' ONIQ7lllfl WO.LSIIJ NODX-dd si gl' 9I� 4II 4f �� V/ a� BBB �r I� 1 1 C a Page 313 of 618 7.c) 6.10 p.m. DS2021-133, Michael Barton, Township Planning Consultant ... 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I, a) W c6 cn p cn � y > o_ o � � � � a� _ _ ca C C a) O a) C Cn -0 C O O ♦, C O U L L C Q O Q C6 E CO O 70 LP L -0 O C6 C L C to Q C >' Q m O4-0 c6 N U) c6 � i O CU Uo � � `uE �a) ti U U � -0MC N � .o Cn ( to +� U U X O) O O O- J AC U) CU) U O CL _0pp 'c � a) a) a Qa) N N q) can o) i QL � _ _ 0 O) _O CO70 C) CO O -I— C C C W O °' a) 0- - N U > C6 O N a) �' O i a) u) Q �5 � M I U COL U 0 O U tf = �t 4-0 � UNp L U U >% � M �O C:) a) o 6 a 0- c ) co C)�; < 70 Q co C to U U O U . CU � N X Q CU O C C6 }, �, O a) C O Q •� O OCn� Q Co .�( UO Q Q OB CO ��_ U — L C6 � C6 ate--+ O O CL 0- O .L a) L O L A+ � � CO W O C � tn � w( O a) •— C Q 16 O N — — cB o � 70 � � o � � � � � � � r- M > V � o � L) L) 0_ 70Ua 0Q 70 _ L = � Q U a) N -0 � M v- 0 Page 318 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-144 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # September 1, 2021 Minor Variance Application 2021-A-57 Roll #: Norman & Laurette R.M.S. File #: 4346-020-001-22300 McCracken D13 59852 363 Scarlett Line Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-144 be received and adopted. 2. That Minor Variance Application 2021-A-57 by Norman & Laurette McCracken, specifically to permit the construction of an accessory building with a 5 metre (16.4 feet) setback from the limit of the Environmental Protection (EP) Zone on lands municipally known as 363 Scarlett Line, Township of Oro-Medonte, be deferred, in order for the applicant to address natural heritage matters as identified by the Nottawasaga Valley Conservation Authority. 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property is located on the east side of Scarlett Line, having a lot area of approximately 1 .67 hectares (4.13 acres) and currently supports a one-storey single detached dwelling that was constructed in 2004. Approximately one-third of the property is landscaped around the dwelling and the remaining two-thirds of the property is tree covered. A watercourse, being a reach of the Sturgeon River, is located on the adjacent property to the north. Surrounding land uses include rural residential uses to the south, a County Forest (Orr Lake Tract) to the west and woodlands and wetlands to the north and east. A Location Map and an Aerial Photo are included as Schedules 1 and 2 to this report. The applicant is proposing to construct an accessory building (detached garage) and is requesting relief from the following section of Zoning By-law 97-95, as amended: Development Services September 1, 2021 Report No. DS2021-144 Page 1 of 12 Page 319 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... Section 5.27 - Setbacks from Limits of Environmental Protection Zone Required: Proposed: 30 metres (98.4 feet) 5 metres (16.4 feet) The applicant's site plan and elevation drawings are 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 garage will be in keeping with the rural landscape of the area. Section 2.1 — Natural Heritage is also applicable to this application, as the lands include a portion of Significant Woodland and are adjacent to a Provincially Significant Wetland (Copeland-Craighurst-Guthrie Complex). During a site visit, Planning staff observed that: • There is already existing development (i.e. existing dwelling) on the lands; • The proposed accessory building is to be located within an existing landscaped portion of the property (no tree clearing proposed); and • The proposed accessory building is to be located on lands that are approximately at the same elevation as the existing dwelling. The lands are regulated by the Nottawasaga Valley Conservation Authority (NVCA) and the NVCA has advised the applicant will need to obtain a permit from the NVCA and that the applicant will be required to retain a qualified ecologist to prepare and submit to the NVCA an Environmental Impact Study (EIS) before the NVCA can consider issuing a permit. The NVCA's full comments are provided in the "Consultations" section of this report. Based on the above, Planning Staff are unable at this time to determine consistency with the Provincial Policy Statement. Development Services September 1, 2021 Report No. DS2021-144 Page 2 of 12 Page 320 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed addition is consistent with the Rural Areas policies in the Growth Plan. Also applicable to this application are: • Section 4.2.3 — Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features, as the lands are located within a Significant Woodland identified on Schedule B to the Township of Oro-Medonte Official Plan; and • Section 4.2.4 — Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features, as the proposed development is located in proximity to a watercourse (Sturgeon River) and a Provincially Significant Wetland. Schedule 4 to this report illustrates the locations of the watercourse, wetlands, woodlands and the EP Zone. Section 4.2.3.1(e) permits accessory structures, subject to demonstrating that the use does not expand into the key hydrologic feature, key natural heritage feature or vegetation protection zone, unless there is no other alternative, in which case the expansion will be limited in scope and kept within close geographical proximity to the existing structure. 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). Based on the comments the Township has received from the Nottawasaga Valley Conservation Authority (NVCA), Township Planning Staff are unable to determine conformity with the Growth Plan's natural heritage policies at this time. The applicant would need to submit an EIS for review and approval by NVCA Staff to determine conformity with Sections 4.2.3 and 4.2.4. Development Services September 1, 2021 Report No. DS2021-144 Page 3 of 12 Page 321 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... County Official Plan The property is designated Greenlands according to the Simcoe County Official Plan. Section 3.8.24 states that, "The Greenlands designation does not imply that all lands within it are completely restricted from development and site alteration...". Section 3.8.16 allows for the continuation, expansion or enlargement of legally existing uses within the Greenlands system, provided that natural heritage considerations are addressed and the development conforms to applicable Provincial Plans, including the Growth Plan. In Planning Staff's opinion the proposed detached accessory building represents an expansion to the existing legal (residential) use on the lands. As of the preparation of this report, the Township has not received comments from the County regarding this application. However, based on the comments the Township has received from the Nottawasaga Valley Conservation Authority (NVCA), Township Planning Staff are unable to determine conformity with the County Official Plan at this time. The applicant would need to submit an EIS for review and approval by NVCA Staff to determine if natural heritage considerations are able to be addressed in order to comply with Section 3.8.16 of the County 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 Rural in accordance with Schedule A of the Township's Official Plan and are located within a Significant Woodland identified on Schedule B to the Official Plan. Notwithstanding the Significant Woodland and the adjacent Provincially Significant Wetland, the subject lands are not included within the Environmental Protection Two designation of the Official Plan. Nevertheless, it is the intent of the Official Plan (Section B3.1(c)) that significant woodland features and wetlands be protected from incompatible development. Since the proposed accessory building would be located entirely within an existing landscaped portion of the property and no tree clearing would be required, there do not appear to be any obvious potential natural heritage impacts. Development Services September 1, 2021 Report No. DS2021-144 Page 4 of 12 Page 322 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... There is a watercourse that runs north and east of the property; therefore, Section B5.1 .2 — Rivers & Streams 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 proposed accessory building would be located approximately 90 metres (295 feet) to the closest point of the watercourse and in an area of the property that is approximately at the same elevation as the existing dwelling, the potential for new or increased impacts on the watercourse as a result of the proposed development appears to be minimal. Since the proposed development and the subject lands are not within the Official Plan's Environmental Protection One or Environmental Protection Two designations, the Township's Official Plan does require an Environmental Impact Study (EIS) and the application is considered to conform to the Official Plan. However, based on the comments the Township has received from the Nottawasaga Valley Conservation Authority (NVCA), the applicant would still need to submit an EIS for review and approval by NVCA Staff in order for the proposed development to be reviewed for the required NVCA permit before development could commence. 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 as shown on Schedule 4 to this report. The existing dwelling and the proposed accessory building are located on the A/RU zoned portion of the property and are 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 detached garage with a 5 metre (16.4 feet) setback from the limit of the EP Zone, as shown on the applicant's sketch in Schedule 3. 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 noted that: • There is already existing development (i.e. existing dwelling) on the lands; • The proposed accessory building is to be located within an existing landscaped portion of the property (no tree clearing proposed); • The proposed accessory building is to be located on lands that are approximately at the same elevation as the existing dwelling; and • The proposed accessory building would be located approximately 90 metres (295 feet) from the closest point of the watercourse. However, based on the comments the Township has received from the Nottawasaga Valley Conservation Authority (NVCA), the applicant would still need to submit an EIS for review and approval by NVCA Staff. Upon receipt of the NVCA's EIS review Development Services September 1, 2021 Report No. DS2021-144 Page 5 of 12 Page 323 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... comments, Township Staff would expect to be able to determine if the application meets the purpose and intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? The proposed accessory building would be located in an area that is already cleared. Therefore, no functional elements such as parking, access, amenity space or the septic system would be affected by the proposed construction on this large rural property. However, any potential impacts on the woodland and adjacent wetland would first have to be assessed through the NVCA's requested EIS before Planning Staff could fully determine the appropriateness and desirability of the proposed development. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. Planning Staff cannot foresee any negative impacts of this development on the use and enjoyment of surrounding properties or on the character if the surrounding neighbourhood. However, based on the comments of the NVCA, an EIS is required to assess any potential natural heritage impacts. Therefore, Planning Staff are unable to conclude that this application as minor at this time. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) 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. Development Services September 1, 2021 Report No. DS2021-144 Page 6 of 12 Page 324 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes; however until the EIS required by the NVCA is reviewed and approved this cannot be concluded. 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 Building Division — no comment. • Township Operations Division — no comment. • Nottawasaga Valley Conservation Authority (NVCA) - The subject property is regulated due to the Sturgeon River and associated flood and erosion natural hazards. The property is also regulated due to a large unevaluated wetland feature contiguous with the Copeland-Craighurst-Guthrie Complex Provincially Significant Wetland lies to the north of the property. A permit from the NVCA will be required. Policies within the Provincial Policy Statement and NVCA Planning and Regulatory Guidelines states Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. An Environmental Impact Study (EIS) will be required to assess the potential impacts of development on such features, and evaluate conformity of the proposal with relevant natural heritage-related policies. The applicant will be required to retain a qualified ecologist to prepare this submission, at which point the consultant shall contact NVCA planning staff to discuss the appropriate scope of required studies. This study will also be required to be completed for NVCA staff to issue a permit. Depending upon the outcome of this study, the applicant may be required to relocate the proposed structure which could impact the requested setback reduction. Based on the above NVCA recommends the application be deferred until such time as the applicant can demonstrate that the proposal complies with above policy provisions. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan and Building Elevations Schedule 4: Natural Heritage and Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-57 be deferred, in order for the applicant to address natural heritage matters as identified by the Nottawasaga Valley Conservation Authority. Development Services September 1, 2021 Report No. DS2021-144 Page 7 of 12 Page 325 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... Respectfully submitted: Derek Witlib, MCIP, RPP, Manager, Planning Services Approvals: Date: Andria Leigh, Director, Development Services August 26, 2021 Development Services September 1, 2021 Report No. DS2021-144 Page 8 of 12 Page 326 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... •�-�vas�yRd� �Moonston Rd. �T 471 Ha rsesh�A•Va�lley tl. 9fd.Hareie.RG.� Craig Srd. =T - I ' Ridge !toad J 101 d c J 36 m u 353 341 333 323 313 307 297 281 275 269 265 Schedule 1 � Location Townshipp o� ® Subject Lands Proud Heritage,Exciting Future 0 200 rn File Number:2021-A-57 'v 1 Development Services September 1, 2021 Report No. DS2021-144 Page 9 of 12 Page 327 of 618 Alt IN K ' `LA r. 4 I ' + Schedule Aerial • i Ld Subject • • .•Im File Number • 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicant's Site Plan and Building Elevations vil— -5q76M-4—AIVI N 0OU10PRr I� S 43 SA-ARLf Ir �,. n OL0 t Gel NH S 13M ME Development Services September 1, 2021 Report No. DS2021-144 Page 11 of 12 Page 329 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... A Al WEST ELEVATION A3 5OUTH M-EVATION ER]HE i h 4 4 xx ILA® 4 74 F s➢ e� r av ttuwarpn 9 mwrca�a Ad EAST EL-EVATION AZ NORTH ELEVATION Schedule 4: Natural Heritage and Zoning s j Development Services September 1, 2021 Report No. DS2021-144 Page 12 of 12 Page 330 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-57(McCracken) Date: August 21,2021 9:36:21 AM Kendra Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 331 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... From: McCartney,Garry To: Planning Cc: Wilson,Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-57(McCracken) Date: August 21,2021 8:27:44 AM Attachments: Notice of Public Hearing(2021-A-57)McCracken.pdf The Building Division has no comments at this time. Thank you, Page 332 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: August 19, 2021 10:33 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-57 (McCracken) Development Engineering has No Objection to the above noted Application. Regards Page 333 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... From:Amy Knapp<aknapp@nvca.on.ca> Sent:August 25, 2021 9:42 AM To: Planning<Planning@oro-medonte.ca> Subject: NVCA Committee of Adjustment Comments for September Hearing The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the planning application contained within this email and can offer the following for consideration: Minor Variance — 2021-A-57— 363 Scarlett Line The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the proposed minor variance to construct a detached accessory building and is seeking relief to the following sections of Zoning By-law 97-95: Section 5.27 Setbacks from Limits of Environmental Protection Zone: Required: 30 metres (98.4 feet) Proposed: 5 metres (16.4 feet) The subject property is regulated due to the Sturgeon River and associated flood and erosion natural hazards. The property is also regulated due to a large unevaluated wetland feature contiguous with the Copeland-Craighurst-Guthrie Complex Provincially Significant Wetland lies to the north of the property. A permit from the NVCA will be required. Policies within the Provincial Policy Statement and NVCA Planning and Regulatory Guidelines states Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. An EIS will be required to assess the potential impacts of development on such features, and evaluate conformity of the proposal with relevant natural heritage- related policies. The applicant will be required to retain a qualified ecologist to prepare this submission, at which point the consultant shall contact NVCA planning staff to discuss the appropriate scope of required studies. This study will also be required to be completed for NVCA staff to issue a permit Depending upon the outcome of this study, the applicant may be required to relocate the proposed structure which could impact the requested setback reduction. Page 334 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... Based on the above NVCA recommends the application be deferred until such time as the applicant can demonstrate that the proposal complies with above policy provisions. Thank you for circulating this application and please forward a copy of any decision and notice of any appeals filed for the above reference application. Sincerely, Amy Knapp I Planner III Nottawasaga Valley Conservation Authority 8195 8ch Line, Utopia, ON LOM 1TO T 705-424-1479 ext.233 I F 705-424-2115 aknapp@nvca.on.ca I nvca.on.ca I am currently working remotely as the Nottawasaga Valley Conservation Authority is taking preventative measures to limit the spread of COVID-19. You may experience some delays or disruptions as we follow recommendations of health professionals to slow the virus from spreading. This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. Page 335 of 618 7.d) 6.20 p.m. DS2021-144, Derek Witlib, Manager, Planning Services re: ... �i N ® . CU % Cu L— C) CU LO Q N � O a) w 4-0 U Q - U O U) C4 � . . . . 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Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-127 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # September 1, 2021 Minor Variance Application 2021-A-58 Roll #: Brian Kennedy R.M.S. File #: 4346-010-002-15604 5 Valleycrest Drive D13-59853 Recommendation(s): Requires Action For Information Only It are recommended: 1. That Report No. DS2021-127 be received and adopted. 2. That Minor Variance Application 2021-A-58 by Brian Kennedy, specifically for permission to permit a single detached dwelling with an increase in height to 17.0 metres (55.8 feet), on the lands municipally known as 5 Valleycrest Drive, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-127. 3. That the following conditions be imposed on the Committee's decision: a. That notwithstanding Table B1 — R1 , Maximum Height 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, Entrance Permit, Engineered Lot Grading Plan, Building Permit and Indemnification Letter, 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 0.43 hectares (1.06 acres) and is currently a vacant lot, as shown in Schedules 1 and 2. The applicant is requesting relief from the following Section of Zoning By-law 97-95, as amended: Development Services September 1, 2021 Report No. DS2021-127 Page 1 of 10 Page 346 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: Table 131 — R1 , Maximum height Minor Variance ... Permitted: Proposed: 11 .0 metres (36.1 feet) 17.0 metres (55.8 feet) The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .3 — Settlement Areas are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Settlement Areas section supports residential development and intensification within these boundaries; the applicant is proposing construction of a new single detached 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 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification ... [and] 1) directing development to settlement areas ...... Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed structure conforms to the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is a residential lot within an established rural settlement area (Horseshoe Valley). Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. Development Services September 1, 2021 Report No. DS2021-127 Page 2 of 10 Page 347 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: County of Simcoe Official Plan Minor Variance ... 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 applicant's minor variance application conforms to the general intent and purpose of the County's Official Plan by focusing development within the settlement area of Horseshoe Valley. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent of the Official Plan? The subject land is located in the Rural Settlement Area of Horseshoe Valley and are designated Low Density Residential in accordance with Schedule D — Horseshoe Valley, which forms part of the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation include dwellings and accessory uses. The proposed residential construction is a permitted use and its construction will be in keeping with the existing residential character of the neighbourhood. Therefore, based on the above, the requested variance pertaining to this application is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Residential One Exception 42 (R1*42) in the Township's Zoning By-law 97-95, as amended. Single detached dwellings and by extension accessory uses to the residential use are permitted in the R1 Zone. Exception 42 speaks to front yard setbacks and required parking stalls and therefore is not relevant to the proposed minor variance application. The general intent of the Zoning By-law in requiring a maximum height for a single detached dwelling is to keep the residential character of a neighbourhood. A taller Development Services September 1, 2021 Report No. DS2021-127 Page 3 of 10 Page 348 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: dwelling may create the illusion of a multi-residential dwelling/zone. Based on Wor Variance ... topography of the land, the proposed dwelling is on a large slope and therefore is required to be built on piers. Height is determined from average grade to mid-roof. Due to the slope, the piers are required to be quite tall to construct the dwelling at street level. The permitted height is 11.0 metres (36.1 feet) and the proposed dwelling will be 17.0 metres (55.8 feet) in height. As per the interpretation of Section 5.31 — Setback from Slopes, structures are permitted to be built within a slope, and therefore is not a required variance. As per the subdivision agreement, the owner must submit a signed indemnity and a release to the Township of Oro-Medonte in accordance with Section 43(e) of the Subdivision Agreement. The letter must also include acknowledgement of Sections 42, 43, 47 and 57 of the subdivision agreement. No buildings erected on the lots within the plan shall be occupied until a Certificate of Occupancy has been issued by the Township and this certificate will not be issued until: a letter from the Homeowner recognizing the unique features of the lot and indemnifying the Township of Oro- Medonte of any responsibility for the construction of the home, structures and any works associated with the lot development including driveway(s) and access on to the Township roadway. Building Permits will be issued on a two stage approach. The first stage will allow footings to be poured. The second stage would be issued when a Professional Engineer registered with the Association of Professional Engineers of Ontario, certifies that the elevations of the footings conform to the plans prepared as set out in the requirements under Clause 47 of the subdivision agreement. For the reasons outlined above, the requested variances are considered to meet 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 or detract from the character of this established neighbourhood. Upon site visit, Staff noted that the proposed structure will be in keeping with the character of the neighbourhood as many houses on this street are on a similar slope. From the street, the structure will appear to be a normal height two-story dwelling. The proposed structure will not interfere with functional matters on the lot 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. 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 will appear similar to other dwellings on the street. Development Services September 1, 2021 Report No. DS2021-127 Page 4 of 10 Page 349 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: As the proposed variance is considered to conform to the general intent of the,t//�1��fiAaVianance ... Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • 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 o No Objection o It should be noted that in the provided Zoning Site Plan the driveway width exceeds the allowable width and will need to be addressed at Engineered Lot Grading / Building Permit submission. (Operations / Capital to provide further comment regarding the entrance permit allowances). Development Services September 1, 2021 Report No. DS2021-127 Page 5 of 10 Page 350 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Wasters, Planner re: o An Engineered Lot Grading Plan shall be required at the time of Yui9,Zing ariance ... Permit Application • Township Environmental Services o As this property is new construction Planning/Building staff should ensure that appropriate Horseshoe DC, trench inspection and water meter fees are part of the building permit process and Environmental Services is aware of the connection to the Horseshoe Highlands Drinking Water System • Township Infrastructure and Capital Projects o Entrance Permit required Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-58 be approved specifically to permit a single detached dwelling with an increase in height to 17.0 metres (55.8 feet) on the lands municipally known as 5 Valleycrest Drive on the basis that the application is consistent with and conforms to Provincial policies and the County of Simcoe Official Plan and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services August 26, 2021 Andria Leigh, Director, Development Services August 26, 2021 Development Services September 1, 2021 Report No. DS2021-127 Page 6 of 10 Page 351 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: Schedule 1: Location map Minor Variance ... 27 25 f 23 C C � t` 21 r� —Ridge a..... 1s 1701 11 13 15 17 3 7 tre st Dr. �$11eY 14 10 12 a 14 3 6 18 16 20 22 28 24 25 17 19 21 �0; 30 �{� \p�\' 23 25 27 32 0085 38 29 57 55 1101 36 31 53 5i Schedule 1 Location ^` A '' r��n�:��1rr of ® Subject Lands 0 Fraud Heritage,Exching FUi+ere l 0 100 M File Number:2021-A-58 I I I t Development Services September 1, 2021 Report No. DS2021-127 Page 7 of 10 Page 352 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: Schedule 2: Aerial Photo Minor Variance ... i' "tsm. .xosn . ❑ r a�a ' V d L6 7 Schedule 2 Aerial Photo -� rr,wr:al�rr of Subject Lands Proud Heritage,Exching Future l 0 sa m File Number:2024-A-58 I 1 Development Services September 1, 2021 Report No. DS2021-127 Page 8 of 10 Page 353 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: Schedule 3: Applicant Site Plan Minor Variance ... j l i li 6 Iil 1� t VP � Schedule 3 Applicant's Site Plan --- ��Turtts�ip of File Number 2021-A-58 I'roi4d Herrteijye,Ex effinq I-wure Development Services September 1, 2021 Report No. DS2021-127 Page 9 of 10 Page 354 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re, Schedule 4: Applicant's Elevation Plan Minor Variance ... 1pq i V I � v I a - �2 Schedule 4A Applicant's Elevation Drawings Toums&ipo( File Number 2021-A-58 Prorad Herr7rr,�re,I=.icttirrp I�ura�re Development Services September 1, 2021 Report No. DS2021-127 Page 10 of 10 Page 355 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: Minor Variance ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-58(Kennedy) Date: August 21,2021 9:27:55 AM Kendra Operations has no comment on the application. The applicant will be required to obtain an entrance permit. Justin Page 356 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: Minor Variance ... From:Jakobi, Michelle To: Ceretti, Kendra Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-58 (Kennedy) Date: August 17, 2021 12:46:33 PM As this property is new construction Planning/Building staff should ensure that appropriate Horseshoe DC,trench inspection and water meter fees are part of the building permit process and Environmental Services is aware of the connection to the Horseshoe Highlands Drinking Water System. Sincerely, Michelle Jakobi Director, Environmental Services Township of Oro-Medonte Page 357 of 618 7.e) 6.30 p.m. DS2O21-127, Danielle Waters, Planner re: Minor Variance ... From: Saunders,David To: Planning Cc: Metras,Justin;Musso-Garcia, Karla Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-58(Kennedy) Date: August 19,2021 10:52:30 AM Development Engineering has No Objection to the above noted Application. It should be noted that in the provided Zoning Site Plan the driveway width exceeds the allowable width and will need to be addressed at Engineered Lot Grading/ Building Permit submission. (Operations/ Capital to provide further comment regarding the entrance permit allowances). An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Regards Page 358 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: , nor Variance ... Y If H C CG �1 J C 7 n, Cn W nr W M 00 V / C) � '� N �&-- a) 4-0 4-0 cn _ 4— a� > 4-0 0O 0 U N can > > • • O . . LO o _ . . 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ILI N ICO � _ ii r did — Q NfiEl 4 A 555ca L V CL CL Q Page 363 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: Nl,4nor Variance ... a� cU -0 ° a) LI.- (1) � o _ a' = U � W o CU CO L L +�+ N U MN _ ~ O — _ o0 O .— Cu CO 0 a� O U) W N U _ O U N !Q 0 N N N � (n Off }' � •— N 0 0 ♦, � (ni--' � � to > � •v) � (6 U '� O to a) CD 4) Cu = N 0 i N Q O �(1)'' U V -0 p � U O — r +r -0 -0 N to i � to O Q � _ � Cu O — N (n 0 O U) O O •� -0 i (6 U) 0 Q > to (n UJ N .N = N O (a M O N O O U O U � O to L O N U O U +r N 0) 0 (n M ~_ (6 p ._ % O ~ O 0 p � a)Cu U a -0 O O C }' a) to U a) N N '> (6 O U O N N N N U) O 0) Q i Q (n U :3 ._ +r Cu 00 -0 Q U (6 Page 364 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: , nor Variance ... ILI Sw� Cu O > � O (D +� O U) 00 L� i Q i r N O a) N C)d Cu Page 365 of 618 7.e) 6.30 p.m. DS2021-127, Danielle Waters, Planner re: , nor Variance ... 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File #: 4359-010-010-16100 8 Simcoeside Avenue D13 59854 Recommendation(s): Requires Action For Information Only It are recommended: 1 . That Report No. DS2021-137 be received and adopted. 2. That Minor Variance Application 2021-A-59 by Sue & Harold Regan specifically to permit the construction of a detached accessory building with an exterior yard setback of 0.15 m (0.5 ft.) on lands municipally known as 8 Simcoeside Avenue, be approved, subject to the conditions as outlined in Report DS2021-137 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.17 (a) the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed structure is not to be used for human habitation; d) That the Applicant pay the required development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act of $525.00. e) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is no closer than 0.15 m (0.5 ft.) from the exterior lot line (Simcoeside); and, f) That the appropriate Zoning Certificate and Lake Simcoe Region Conservation Authority Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services September 1, 2021 Report No. DS2021-137 Page 1 of 10 Page 369 of 618 7.f) 6.40 p.m. DS2021-137, Danielle Waters, Planner re: Minor Variance ... 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.06 hectares (0.15 acres) and is currently used as a residential lot, as shown in Schedules 1 and 2. The property currently supports a single detached dwelling with an area of 148 sq. m. (1600 sq. ft.) and a detached accessory building with an area of 7.4 sq. m. (80 sq. ft.). Previous Minor Variance 2019-A-46, for a reduced front and exterior yard setback (Simcoeside Avenue) was approved in 2019. The applicants are applying for an amendment to further reduce the previously approved exterior yard setback. The approved front yard setback (Lakeshore Promenade) is to remain the same. The building is not constructed; however, the slab has been poured and created the further deficient exterior side yard setback. The applicants are proposing to construct a detached accessory building having a floor area of 8.92 sq. m. (96.0 sq. ft.), which is not to be used for human habitation. The applicants are requesting relief from the following Section of Zoning By-law 97-95, as amended: 5.1.7 (a) - Detached Accessory Buildings Less than 10 Square Metres (107.6 Square Feet) Required: Approved Minor Variance 2019-A-46 Not be located in the required exterior side 1 .5 m (4.9 ft.) yard (7.5m.) Proposed: 0.15 m (0.5 ft.) The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas is 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..." Rural Area supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Development Services September 1, 2021 Report No. DS2021-137 Page 2 of 10 Page 370 of 618 7.f) 6.40 p.m. DS2021-137, Danielle Waters, Planner re: Minor Variance ... Planning Staff is of the opinion that this application is consistent with the Rural Areas and Rural Lands policies of the PPS. A Place to Grow, 2020 A Place to Grow (2020) was approved on May 16, 2020 to replace the 2017 Growth Plan. This 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 detached accessory building conforms to the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already within an established shoreline residential area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). In Planning Staff's opinion, the application conforms to the County's Official Plan as the construction of a detached accessory building is permitted on the subject lands. Lake Simcoe Protection Plan (LSPP) The subject lands is regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated for this application and reviews applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA is satisfied from a watershed management perspective that this application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. An LSRCA permit is required. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance Development Services September 1, 2021 Report No. DS2021-137 Page 3 of 10 Page 371 of 618 7.f) 6.40 p.m. DS2021-137, Danielle Waters, Planner re: Minor Variance ... must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variance pertaining to the construction of a detached accessory building is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. Single detached dwellings and by extension accessory uses to the residential use are permitted in the SR Zone. The applicants are proposing to build a detached accessory building and are seeking relief from the Zoning By-law to allow a decrease in the required exterior yard. The slab for the building has been poured. The primary purpose of exterior side yard setbacks is to provide access and maintenance around buildings and structures and to provide separation from the road. The proposed use of the building as a shed for personal storage and its design will remain subordinate in its use and appearance to the main residential use on the lot. The setback will provide enough room for maintenance. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the proposed detached accessory building would be visible from the neighbouring property to the North-West (4 Simcoeside Avenue), but Staff do not foresee any material impacts on that property. Additionally, there is a mature vegetative buffer located along three property lines, as well as a tall fence, which assists with providing privacy elements for the neighbouring properties. The proposed structure will not interfere with functional matters such as parking and the septic system. Due to the size of the lot, location of the house, septic, and well on the property, there leaves little room for a possible location for a shed. Due to the orientation of the property and the position of the dwelling, the front yard (as defined by the Zoning By-law) functions more like a rear yard, and the proposed location of the shed is considered by Staff to be appropriate on the lands. Development Services September 1, 2021 Report No. DS2021-137 Page 4 of 10 Page 372 of 618 7.f) 6.40 p.m. DS2021-137, Danielle Waters, Planner re: Minor Variance ... 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 building is not anticipated to have an adverse impact on the neighbourhood. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) 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 • County of Simcoe Official Plan • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Development Services September 1, 2021 Report No. DS2021-137 Page 5 of 10 Page 373 of 618 7.f) 6.40 p.m. DS2021-137, Danielle Waters, Planner re: Minor Variance ... 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 • Township Building Services — Building under review is less than 108 sq. ft and is not under the jurisdiction of the Ontario Building Code. Building Division has no comments. • Township Infrastructure and Capital Projects — No comments • Lake Simcoe Region Conservation Authority — Permit required Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-59 be approved, specifically, to permit the construction of a detached accessory building with an exterior yard setback of 0.15 m (0.5 ft.) on lands municipally known as 8 Simcoeside Avenue, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS and conforms to the Growth Plan 2020 and the County Official Plan. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services August 26, 2021 Andria Leigh, Director, Development Services August 27, 2021 Development Services September 1, 2021 Report No. DS2021-137 Page 6 of 10 Page 374 of 618 7.f) 6.40 p.m. DS2021-137, Danielle Waters, Planner re- Minor Variance ... Schedule 1: Location Map 12 „ter ' t9 14 15 1 a 16 19 12 21 1B 12 21 10 23 2D 22 Gb 2 22 �,�s 9 0 25 a 24 +p. 7 13 24 25 27 26 30 36 19� 20 24 28 16 15 16 0 26 12 to 33 p31 29 22 00611,916. 23 2 - 27 r 11 3 6 9 +Sj� 7 19 3 70 5 +� 66 5 75 68 416' 73 9 r 64 fi 71 6t7 60 67 NO Q 0 23 6 27 e �. �� take � 61 Simcce 16 54 104 20 F 50 16 48 Schedule 1 Location )wnshipOf ED Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2021-A-59 4 Development Services September 1, 2021 Report No. DS2021-137 Page 7 of 10 Page 375 of 618 7.f) 6.40 p.m. DS2021-137, Danielle Waters, Planner re- Minor Variance ... Schedule 2: Aerial Photo hca�rab 4y e Schedule 2 � Aerial Photo [ouhrship of Subject Lands Proud Heritage,Extifing FHfurN 0 20 m File Number:2021-A-59 'V I Development Services September 1, 2021 Report No. DS2021-137 Page 8 of 10 Page 376 of 618 7.f) 6.40 p.m. DS2021-137, Danielle Waters, Planner re- Minor Variance ... Schedule 3: Applicants Proposed Site Plan tsdngs art � res�da4w 30 ke*� ► lci ,,+ Midi Yt� I wo. 51f ` e Lk 4% r � t N4ry'' Rcviscd setback to MV 2019-A-46 l� I Of CD � d r CD�'h ' Proposed: 0.15 m(0.5 ft,l l ira S1�rd��.-sue;___ � • .. 11 l �*�'pf'°sd iksLS�� Y► ilA �1MtAG�7X9 -. Schedule 3 Applicant's Site Plan li , slrip'J � File Number 2421-A-59 Proud Flerr7nLre,I.rcin`re Purare Development Services September 1, 2021 Report No. DS2021-137 Page 9 of 10 Page 377 of 618 7.f) 6.40 p.m. DS2021-137, Danielle Waters, Planner re- Minor Variance ... Schedule 4: Applicants Elevation Drawings 091 OWA VxIZ �►cd- e4� LOU'x Sa �d�r� d°'°'' I� 1 K eksi} F„ CIA4 Avo Schedule 4 Applicant's Elevation Drawings ai - 9 9%�k Iiiumshi�r e+f He Number 2021-A-53 Proud Herhatie,I-Exciriiij Furore Development Services September 1, 2021 Report No. DS2021-137 Page 10 of 10 Page 378 of 618 7J) 6.40 p.m. DS2021-137, Danielle Waters, Planner re: Minor Variance ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Correction: Notice of Public Hearing for Minor Variance Application 2021-A-59(Regan) Date: August 21,2021 9:30:55 AM Kendra Operations has no comments on this application. Justin Page 379 of 618 7.f) 6.40 p.m. DS2021-137, Danielle Waters, Planner re: Minor Variance ... From: McCartney,Garry To: Planning Cc: Wilson, Delanie;Craig,Jason Subject: FW:Correction: Notice of Public Hearing for Minor Variance Application 2021-A-59(Regan) Date: August 21,2021 8:19:15 AM Attachments: 202108 09 Notice of Public Hearing(2021-A-59) Regan.pdf Building under review is less than 108 sq ft and is not under the jurisdiction of the Ontario Building Code. Building Division has no comments. Thank you, Page 380 of 618 7J) 6.40 p.m. DS2021-137, Danielle Waters, Planner re: Minor Variance ... From:Saunders, David <dsaunders@oro-medonte.ca> Sent:August 17, 2021 1:19 PM To: Planning<Plannine@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-59 (Regan), Development Engineering has No Objection to the above noted Application. Regards Page 381 of 618 7J) 6.40 p.m. DS2021-137, Danielle Waters, Planner re: Minor Variance ... Lake Simcoe Region conservation authority www.LSRCA.on.ca August 24th, 2021 File No: 2021-A-59 IMS File No.:VA-308753- Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Sent by E-mail to: plan ning@oro-medonte.ca Dear Mr. Karaiskakis: Re: Proposed Application for Minor Variance 8 Simcoeside Avenue,Township of Oro-Medonte Thank you for circulating the subject applications to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose and effect of is to permit the construction of a detached accessory building, located in the exterior side yard, and with a 0.15 m setback. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Aug. 16t", 2021 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 179/06. The applications have also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics The LSRCA mapping tool identifies that the subject property is partially within the regulation limit of Ontario Regulation 179/06 under the Conservation Authorities Act.This is representative of its proximity to Lake Simcoe, and the associated Shoreline Hazard Area. Upon review of both regional and municipal official plans and the municipal zoning by-law,the subject property appears designated as Rural within the County of Simcoe Official Plan. The subject property is currently designated as Hawkestone Expansion Area, within the Township of Oro-Medonte Official Plan, and zoned as Shoreline Residential (SR), as per Zoning By-law 97-95. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 382 o-f1618.800.465.0437 7J) 6.40 p.m. DS2021-137, Danielle VftemndR ier re: Page 2of4 Features Q lake ry i n Region LSRCA Watershed Boundary Con$ rtlatiorl authorsgy r1' Q LSPP Watershed Boundary -- Regulation Boundary Y..EI)ESSItti"/qrE Regulation Area T SIMC ESIDE Assessment Parcel Lot and Concession .. Road course .' Watercourse 991MCOF910EAVE Roads d-w"C L-L_AVE iqw KJO S— ^I'�wat,Mevmlx S . Lows Pl i, "jr may, Railway ❑ Lower Tier Municipality `Ff§IM! 0E.yi{,r,.FYI 'r w a "5 5 TA w LE Y AVf vr,ne a, W20M21 ww wa_rrorer_ w—r_S�• Wur<»a e, 73 5 TA N L EY AVE wye�y�ynyey MrwWaMN��gi.rAy yf y .� w r..rm�efer��wrrp� . / «�iew e.m•Mr�sr re.w..ar.rrrq p i•+�m� s.n R„oo..vrawM fee Yre-w�e LMfAda ON/ir p—py1 F6h1E PMOOF NFQM:! i l.9Ff NATion„mbm..�,.alpyw d....e.te. T1 STAKEY AV +krrMwv a+m Pfx9ah eap aM1 w lMbf6 patlnm le fwl lnfn �nnmr�,crc.xom,xms amrsmo.�riatxi eF-s rY.8mna�.Mc SCalfE 1 406 hlr[ars 21 a 10 21 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The area of the proposed new detached accessory structure is within the Shoreline Hazard Area, as well as being within 100-metres of the Lake Simcoe Shoreline. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. Page 383 of 618 7J) 6.40 p.m. DS2021-137, Danielle VftemndR ier re: 'IIIMM ��KN� e ... Page 3 of 4 Ontario Regulations 179/06 applies to the subject property. Please note that the current location of the proposed new development is within an area governed under Ontario Regulation 179/06.Therefore, an LSRCA permit application will be required prior to development and/or site alteration occurring on the property. Advisory Comments 3. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte and the County of Simcoe in that we provide through a Memorandum of Understanding (MOU) as well as through our role as a public body, pursuant to the Planning Act. Shoreline Hazard Area The LSRCA's Watershed Development Guidelines provide regulation for development within a Shoreline Hazard Area. Chapter 6 of this document speaks to both general guidelines and regulations to new development or site alteration within proximity to the Lake Simcoe shoreline. Additional documentation or study may be required to assist in the application for LSRCA permit, however, at this time LSRCA staff are generally satisfied that the proposed new detached accessory structure can be facilitated through the LSRCA permit process. Lake Simcoe Protection Plan,2009(LSPP) The LSPP provides both guidance and regulation on development and site alteration within proximity to Lake Simcoe, and any watercourses within the watershed.The proposed new development would be within 100-metres of the Lake Simcoe Shoreline, and is located outside of an existing settlement area. However, it can be deemed appropriate, as in this instance the existing residential neighbourhood appears as a concentrated, built-up area. As per Designated Policy 6.2 of the LSPP, the minimum vegetation protection zone of Lake Simcoe, within a Shoreline Built-Up Area, is 30-metres measured from the Lake Simcoe shoreline. The new detached accessory structure will be located further than 30-metres from the Lake Simcoe shoreline, and therefore, outside of the minimum vegetation protection zone. Summary LSRCA is satisfied from a watershed management perspective that this application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. On this basis,the LSRCA has only the below requirements as they relate to this minor variance application: 1. Ontario Regulation 179/06 applies to the proposed development. Therefore, the applicant must apply for, and successfully obtain an LSRCA permit before any development or site alteration may occur. 2. The Applicant has not yet provided the required development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. Please note that the amount for a consent application is$525.00. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Page 384 of 618 7J) 6.40 p.m. DS2021-137, Danielle VftemndR ier re: 'IIIMM ��KN� e ... Page 4 of 4 Sincerely, A40� Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 385 of 618 7.f) 6.40 p.m. DS2021-137, Danielle Waters, Planner re: Nl�nor Variance ... w f� _ ILI Y6 ko G y'vm� 4° t N � O � N a) Q — o U � � .E_ U) U) . . . . CO _� C U a O }' al — C V E i N O t� Page 386 of 618 7.f) 6.40 p.m. DS2021-137, Danielle Waters, Planner re: MILI 4nor Variance ... L6 � � ca m O W U N ' Cu T -0 O . u Cu U O Cu CD j C E N a) a) ry Ca (U 0) a _ C OL LO O c � u? � O v O 0 O 07 o � N < LO or-� ° LL O 0) Ld QL � Cr7 a) CD CD 0 s7} CU M . . 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(Q C M 70 C) L 0 (II U 7 N C (D � � U � Q Cu ~ N Page 394 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-141 Development Services Andria Leigh, Director Committee Development Services Meeting Date: Subject: Motion # September 1, 2021 Minor Variance Application 2021-A-60 (Talaska) Roll #: 372 Line 11 South (Oro) R.M.S. File #: 4346-010-011-06600 D13-59855 Recommendation(s): Requires Action For Information Only 1. That Report No. DS2021-141 be received and adopted. 2. That Minor Variance Application 2021-A-60 by Robert & Kelly Talaska, specifically to permit a setback of 10 metres (32.8 feet) from an Environmental Protection (EP) Zone for a 16.7 sq. m. (180 sq.ft.) side entrance addition onto the existing single detached dwelling on a property located at 372 Line 11 South be approved subject to the conditions as outlined in Report DS2021-141 . The conditions are as follows: a) That notwithstanding Sections 5.27, the proposed addition to the dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development shall be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy any permits and/or approvals required from the Lake Simcoe Conservation Authority; 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. 3. And that the applicant be advised of the Committee's decision under the Secretary- Treasurer's signature. Development Services September 1, 2021 Report No. DS2021-141 Page 1 of 14 Page 395 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... Background The subject lands are located on the west side of Line 11 South (refer to Schedules 1 and 2) in the Hawkestone Settlement Area. Surrounding land uses consist primarily of residential dwellings and the Hawkestone Fire Station across Line 11 South. The applicants are proposing to add a 16.7 sq. m. (180 sq.ft.) side entrance addition onto the existing single detached dwelling 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 Zone Permitted: Proposed: No building, or structure shall be located within 30.0 metres (98.4 feet) of the 10.0 metres (32.8 feet) boundaries of the Environmental Protection Zone The applicant's site plan and elevation drawing are included as Schedules 3A and B to this report. Analysis: Provincial Policy Statement 2020 The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure (Section 1 .1 with respect to Settlement Areas). Also relevant to this application are Section 2.1 (Natural Heritage) and Section 3.1 (Natural Hazards). It is Planning Staff's opinion that this application is consistent with these sections of the PPS, for reasons detailed further in this report. Planning Staff is of the opinion that this application is consistent with the PPS as the proposal is a small entrance addition onto the existing residential development that is permitted and encouraged in Rural Settlement Areas such as Hawkestone. 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 the area, and would be a minor additional development onto the existing residential dwelling on the lot that is permitted. Development Services September 1, 2021 Report No. DS2021-141 Page 2 of 14 Page 396 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... Growth Plan for the Greater Golden Horseshoe 2020 The subject application has been reviewed by planning staff with respect to the Places to Grow policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification ... [and] 1) directing development to settlement areas ...... Also relevant to this application is Section 4.2.4 (Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features), since the watercourse and surrounding EP zoned lands meet the Growth Plan's definition of a Key Hydrologic Feature. For reasons detailed further in this report, Planning Staff finds this application to conform to this Section of the Growth Plan. Since the proposed variance pertains to the development of a minor addition onto the existing residential dwelling on the lot that is within a settlement area (Hawkestone), the proposed development is considered to maintain the general intent of the Province's Growth Plan. County of Simcoe Official Plan Pursuant to Schedule 5.1 of the County's Official Plan, Hawkestone is identified as a "Settlement" in the Township, the boundaries of which Section 3.5.4 of the County's Official Plan states "are shown in local municipal official plans and are considered to be the approved settlement area boundaries of this Plan." Settlements are to be developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. The wide range of land uses provides an opportunity for people to live, work, shop and find recreation in one compact community. It is the opinion of Development Services Staff that this application 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. Lake Simcoe Protection Plan (LSPP) The subject land is regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated this application and reviews applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has confirmed that from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies. Their letter found in Schedule 4 states that the proposed works will require a permit from LSRCA and that any approval of this application should be subject to the conditions outlined in their August 24, 2021 correspondence (See Schedule 4 attached). Condition (c) as noted in the Recommendation confirms the requirement to obtain the necessary permit from the LSRCA. Development Services September 1, 2021 Report No. DS2021-141 Page 3 of 14 Page 397 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... Does the variance conform to the general intent of the Official Plan? The subject lands are designated `Hawkestone Residential Area' within the Township's Official Plan. Hawkestone is within the `Rural Settlement Area' designation of the Township's Official Plan. The intent of the Official Plan for Hawkestone (Section C3.3.2.3) is to develop in a manner that is consistent with the development pattern of a traditional small-town in Ontario. The pattern is based on a grid pattern of roads and a main street containing a variety of mixed—uses that service both the local population and the general area. Also relevant to this application is Section B5.1.2 (Rivers and Streams) which pertains to development within 30 metres of the top of bank of a river or stream. For reasons detailed in this report, Planning Staff finds this application conforms to Section B5.1 .2. The proposed variance relates to a minor addition to the existing residential dwelling that conforms to the general intent of the Township's Official Plan as a single detached dwelling is a permitted use within the Rural Settlement Area designation. Does the variance conform to the general intent of the Zoning By-law, and is the variance appropriate for the desirable development of the lot? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97-95, as amended. The proposed development is a minor addition to the existing residential dwelling that is permitted pursuant to Table Al of the By-law. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of a dwelling with a reduced setback to the Environmental Protection (EP) Zone associated with the Hawkestone Creek at the back of the property. The proposed addition to the dwelling is wholly within the R1 Zone standards of the property however lies within the required 30 metre setback to the Environmental Protection (EP) Zone. The general intent of the Zoning By-law in requiring the minimum setback of 30 metres is to ensure that development maintains an adequate distance from potentially sensitive natural features, as well as to protect development from flooding and erosion hazards. The applicant is seeking a reduced setback to 10.0 metres (32.8 feet) from 30.0 metres (98.4 feet). The LSRCA has reviewed the application in the context of the LSPP and the impact to the natural features and natural hazards and based on their August 24, 2021 letter (see Schedule 4) has confirmed they are satisfied there will be no impacts with the proposed minor addition to the dwelling, subject to obtaining the necessary LSRCA permit Based on the above, the existing dwelling and the associated setback from the EP zone has been well-established, has existed in this manner with no known concerns or impacts to the EP Zone, and in Planning Staff's opinion, the applicant's proposed minor addition to the dwelling will not create any new impacts or concerns. For this reason, Planning Staff is satisfied that the application meets the purpose and intent of the Zoning By-law. Development Services September 1, 2021 Report No. DS2021-141 Page 4 of 14 Page 398 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... In regard to the policies of the Provincial Policy Statement, the Growth Plan and Township's Official Plan, these policies and associated requirements to studies are intended to address circumstances where proposed development has the potential to negatively impact a watercourse or where a watercourse might pose a flooding or erosion hazard to a proposed development. In the case of this application, it is Planning Staff's opinion that the absence of impacts/hazards has already been well established through the longstanding existing dwelling on the property and that there would be nothing materially gained by requiring the applicant to produce a Natural Heritage Evaluation or Hazard Risk Study in support of this application. In Planning Staff's opinion such studies would not assist in furthering or achieving the planning objectives of the PPS, the Growth Plan and the Official Plan. Therefore, it is Planning Staff's opinion that the existing development context already demonstrates that the planning objective of the PPS, the Growth Plan and the Official Plan are already met. Therefore, Planning Staff finds this application to be consistent and in conformity with these policies. This is further validated by the comments received from the LSRCA dated August 24, 2021 as noted in this report. Therefore, as mentioned, Planning Staff is of the opinion that the variance conforms to the general intent of the Zoning By-law and are appropriate for the desirable development of the lot. Is the variance minor? As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal 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 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • County of Simcoe Official Plan Development Services September 1, 2021 Report No. DS2021-141 Page 5 of 14 Page 399 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... 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 if the subject minor variance is approved, that the change on the property will not negatively impact the Township's natural features and attributes. Consultations: Notice of the application was circulated to internal departments, applicable agencies, and to assessed landowners within 60 metres (200 feet) of the subject lands. A notice sign was also posted on the lands. As of the preparation of this report the following comments have been received: • Operations Division: No Comments. • Building Division: No Comments. • Development Engineering: No Objection. • LSRCA: See attached August 24, 2021 Correspondence Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3A/B: Applicant's Site Plan and Elevation Drawing Schedule 4: Lake Simcoe Region Conservation Authority Letter dated August 24, 2021 Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-60 be approved specifically to permit a setback of 10 metres (32.8 feet) from an Environmental Protection (EP) Zone for a 16.7 sq. m. (180 sq.ft.) side entrance addition onto the existing single detached dwelling on a property located at 372 Line 11 South, on the basis that the application is consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, and meets the four tests of the Planning Act. Respectfully submitted: Andria Leigh, RPP Director, Development Services Development Services September 1, 2021 Report No. DS2021-141 Page 6 of 14 Page 400 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... Raj 304 3©5 ray 16 10L2224 26 28 20 19 310 John St. Cedarbrpek Cres. 319 15 322 16 17 19 21 J2325 325 g 13 yai�� a 330 12 11 335 10 1501 3d0 339 8 344 11 345 6 3 346 352 353 4 364 358 1455 Mati{d8 fit' 37 19 31 9 V? 372 r 375 9a 16 24 30 391 �frr7`S! 40 403 45 16 420 419 421 426 425 433 4d0 439 Schedule 1 Ok Location -= 7owx�hi Subject Lands NoNd Heritage, ExdfiNg FNtNfE 0 100 m File Number-2021-A-60 e I i I Development Services September 1, 2021 Report No. DS2021-141 Page 7 of 14 Page 401 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... uasey-Rtl T .�shun-Rd. _ y H..ies3i�•Yall 1. Oltl Rtl. I _I 1 dg atl v L I � 7 Matiida St. A a yeti fill St Schedule 2 Aerial Photo �- rE��.r15t„�s� Subject Lands Of���� I rood fferrlage,Exciting Future 0 40 M File Number:2021-A-60 � I 1 1 1 1 Development Services September 1, 2021 Report No. DS2021-141 Page 8 of 14 Page 402 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... Schedule 3A— Applicant's Site Plan: Sr�pCt c. t i „I r w� o� m i k O i 1 y 7ft,v�wPt� FRv"� 'T1�LASKf�• Ib�t 37.) L i Sau-r,4 ,nit E-OCN-rc LQt I 1 c'a oRa L�N� ti l 5 Development Services September 1, 2021 Report No. DS2021-141 Page 9 of 14 Page 403 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... Schedule 3B —Applicant's Elevation Drawings: -- - _ ____ -- - _._._....... -- -- —_-_ r front elevation left elevation ear elevation ��vsab Development Services September 1, 2021 Report No. DS2021-141 Page 10 of 14 Page 404 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... Schedule 4— Lake Simcoe Region Conservation Authority Correspondence: Lake Simcoe Region _ conservation authority www.LSRCA.on.ca August 24th,2021 File No:2021-A-60 IMS File No.:MV-157581- Andy Karaiskakis,Secretary-Treasurer,Development Services Township of Oro-Medonte 148 Line 7 South Ora-Medonte,Ontario LOL 2E0 Sent by E-mail to: planning@oro-medonte.ca Dear Mr.Karaiskakis: Re: Proposed Application for Minor Variance 372 Line 11 South,Township of Ora-Medonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment.We understand that the purpose and effect of is to construct a side entrance addition onto the existing single-detached dwelling. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package,dated Aug. 17th,2021 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 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 The LSRCA mapping tool identifies that the subject property is partially within the regulation limit of Ontario Regulation 179/06 under the Conservation Authorities Act.This is representative of watercourse(Hawkestone Creek)which runs across the property,and its associated floodplain hazard area and meander belt. Upon review of both regional and municipal official plans and the municipal zoning by-law,the subject property appears designated as Settlement Area within the County of Simcoe Official Plan. The subject property is currently designated as Hawkestone Residential Area, within the Township of Oro-Medonte Official Plan, and appears zoned as Residential One Zone(R1)toward the front of the property,and as Environmental Protection (EP)toward the rear,as per Zoning By-law 97-95. 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 September 1, 2021 Report No. DS2021-141 Page 11 of 14 Page 405 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... Lake Simcoe Region conservation authority Page 2 of 4 Lake Simcoe R Features egion LSRCA Watershed Bounda ' conservation authnnry ❑ ry 13 LSPP Watershed Boundary Regulation Boundary k7 LME 1r 4.;,IILLiAS Regulation Are9 a'ja{fM n S Assessment Parcel �+ ❑ Lot and Concession iF AGEBAMM RES .75.b`INF.11, Road Labels i' Waterwurse w Roads Jrr.,1us sss-, ispr,,,.r Mir. 3 LMEn Railway D Laser Trey Munkipality LM T &2a2021 1 BAR K rr.w.d er oxui=m""e' �uaa _ w�sai.T.ne�.rc'%aow.uc.c e.. — ale is a1 t Marano J1 a 21 Al Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020).The area of the residential addition will be within both the floodplain hazard area and meander belt area of the watercourse(Hawkestone Creek)running through the subject property. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06.This regulation,made under Section 28 of the Conservation Authorities Act,enables conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines,watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding,erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. Development Services September 1, 2021 Report No. DS2021-141 Page 12 of 14 Page 406 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... Lake Simcoe Region conservation authority Page 3 of 4 Ontario Regulations 179/06 applies to the proposed new development. Therefore, an LSRCA permit application will be required for the new addition,ahead of issuance of municipal building permit. Advisory Comments 3. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte and the County of Simcoe in that we provide through a Memorandum of Understanding(MOU)as well as through our role as a public body,pursuant to the Planning Act. Floodplain Hazard Area The LSRCA's Watershed Development Guidelines,provides regulation for development within a floodplain.Section 5.3 Flood Hazard Guidelines is applicable to this application,specifically,section 5.3.1 General Guidelines,5.3.3 Additions(Residential),and 5.3.6 Basements. • Section 5.3.3 Additions(Residential)states: "Additions to a maximum of 50%of the original foundation area may be permitted within an area susceptible to flooding provided that;(a)there is no alternate location for the addition located outside the flood hazard;and(b)the proposed addition would not have an impact on the control of flooding,erosion,pollution or the conservation of land•and(c)the depth of flooding at the site does not exceed 0.8 metres;and(d)the addition is flood-proofed using dry passive flood-proofing to the applicable flood-proofing standard plus a 0.3 metres freeboard allowance;and(e)the potential for surficial erosion has been addressed through the submission of proper drainage,erosion and sediment control and site stabilizationlrestoration plans,and(f)for riverine flood plains,the loss in flood storage capacity that would result from the construction of the proposed addition as well as fill placement required to flood-proof the structure is compensated for to the satisfaction of the LSRCA;and(g)certification is provided from a registered professional engineer that the proposed addition will be able to withstand the hydrostatic and lateral forces associated with flood waters, and(h)safe access as defined by the LSRCA is available to the site." • Section 5.3.6 Basements states:`The construction of basements will not be permitted in association with new structures within the flood plain." LSRCA staff are generally satisfied that the above regulations,5.3.1,5.3.3,and 5.3.6,under the Watershed Development Guidelines,can be addressed through an LSRCA Permit. Lake Simcoe Protection Plan,2009(LSPP) The LSPP provides both guidance and regulation on development and site alteration within proximity to Lake Simcoe,and any watercourses within the watershed.Existing uses are described in Designated Policy 6.45 of the LSPP,and would be applicable.The residential addition appears to have no other alternative location where it might be located outside of the minimum vegetation protection zone of either hydrologic,or natural heritage features on the subject property.As well,the residential addition can be considered to have a minimum impact,or no impact on those same features. Summary LSRCA is satisfied from a watershed management perspective that this application is consistent with the natural heritage and hazard policies of the PPS,and in conformity with those applicable provincial policies and the LSPP. On this basis,the LSRCA has only the below requirements as they relate to this minor variance application: Development Services September 1, 2021 Report No. DS2021-141 Page 13 of 14 Page 407 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... Lake Simcoe Region conservation authority Page 4 of 4 1. The Applicant shall provide,to the satisfaction of the LSRCA,any requested studies or reports to assist in the review and regulation of this proposal. 2. Ontario Regulation 179/06 applies to the proposed development.Therefore,the applicant must apply for,and successfully obtain an LSRCA permit, as a condition of approval of this variance. 3. The Applicant has not yet provided the required development fees to the LSRCA in accordance with the approved Fees Policy under the Conservotion Authorities Act. Please note that the amount for a minor variance application is$525.00. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Development Services September 1, 2021 Report No. DS2021-141 Page 14 of 14 Page 408 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-60(Talaska) Date: August 21,2021 9:33:38 AM Kendra Operations has no comment on this application Justin Get Outlook for Android Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 409 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... From: McCartney,Garry To: Planning Cc: Wilson,Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-60(Talaska) Date: August 21,2021 8:20:55 AM Attachments: 202109 01-Notice of Public Hearing(2021-A-60)Talaska.pdf The Building Division has no comments at this time. Thank you, Page 410 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: August 19, 2021 10:29 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Minor Variance Application 2021-A-60 (Talaska) Development Engineering has No Objection to the above noted Application. Regards Page 411 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... Lake Simcoe Region conservation authority www.LSRCA.on.ca August 24th, 2021 File No: 2021-A-60 IMS File No.: MV-157581- Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Sent by E-mail to: plan ning@oro-medonte.ca Dear Mr. Karaiskakis: Re: Proposed Application for Minor Variance 372 Line 11 South,Township of Oro-Medonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose and effect of is to construct a side entrance addition onto the existing single-detached dwelling. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Aug. 17t", 2021 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 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 The LSRCA mapping tool identifies that the subject property is partially within the regulation limit of Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of watercourse (Hawkestone Creek)which runs across the property, and its associated floodplain hazard area and meander belt. Upon review of both regional and municipal official plans and the municipal zoning by-law,the subject property appears designated as Settlement Area within the County of Simcoe Official Plan. The subject property is currently designated as Hawkestone Residential Area, within the Township of Oro-Medonte Official Plan, and appears zoned as Residential One Zone (R1) toward the front of the property, and as Environmental Protection (EP)toward the rear, as per Zoning By-law 97-95. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 412 o-f1618.800.465.0437 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Develops hfi6 s ... onservation authority Page 2of4 Fealwoa Lake SinKoe Reg[on conservation au[honty ❑ LSRCA Watershed Boundary © LSPP Watershed Boundary — Regulation Boundary LNE 7 TILOA 5 Regulation Area Z5811M 11 8 `-i �'",., Assessment Parcel Lot and Concession 11 A ECARBROOK RE5 3'�LINF 11 5 Road Labei9 S — Watercourse g G Roads +le!r.Avle 1, 3 B+t LINE?1 wxiawa ,aaway ❑ Lower Ter Munlcipaliry �n i.NEre &2012021 wrist iiw wq lYca.o,_ cnrro�u4 re[..nrerwrw rNs�en w.no Yi WIW[im[rMY WraMIMMW, N 1pT4 Y!!il[^YT[f.ill AaAp�Ye1fl�P.1 wed wnmxxM� L�1fA[Ys tlYW GIGF*gvgw]W1 1B Ii49V �YATIOH RIIiHOftlSY 2IIi.M!!d'R RYtlNE Wsp ua umr[PaoY.lave.�i a rri nr YnaWvt;rw n.[.9�i n.n.v 4+l'.W Nam___...a.Prmiscrn m: arvi.Hq' L:.n ' wa biwvn sY v4 r Yi.H scale 1. all Meters 41 0 21 41 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The area of the residential addition will be within both the floodplain hazard area and meander belt area of the watercourse (Hawkestone Creek) running through the subject property. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. Page 413 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Develops hfi6 s ... onservation authority Page 3 of 4 Ontario Regulations 179/06 applies to the proposed new development. Therefore, an LSRCA permit application will be required for the new addition, ahead of issuance of municipal building permit. Advisory Comments 3. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte and the County of Simcoe in that we provide through a Memorandum of Understanding (MOU) as well as through our role as a public body, pursuant to the Planning Act. Floodplain Hazard Area The LSRCA's Watershed Development Guidelines, provides regulation for development within a floodplain. Section 5.3 Flood Hazard Guidelines is applicable to this application, specifically, section 5.3.1 General Guidelines, 5.3.3 Additions (Residential), and 5.3.6 Basements. • Section 5.3.3 Additions (Residential) states: "Additions to a maximum of 50%of the original foundation area may be permitted within an area susceptible to flooding provided that: (a) there is no alternate location for the addition located outside the flood hazard,and(b) the proposed addition would not have an impact on the control of flooding, erosion, pollution or the conservation of land,and(c) the depth of flooding at the site does not exceed 0.8 metres;and(d) the addition is flood-proofed using dry passive flood-proofing to the applicable flood-proofing standard plus a 0.3 metres freeboard allowance,and(e) the potential for surficial erosion has been addressed through the submission of proper drainage, erosion and sediment control and site stabilization/restoration plans,and(f)for riverine flood plains, the loss in flood storage capacity that would result from the construction of the proposed addition as well as fill placement required to flood-proof the structure is compensated for to the satisfaction of the LSRCA;and(g)certification is provided from a registered professional engineer that the proposed addition will be able to withstand the hydrostatic and lateral forces associated with flood waters, and(h)safe access as defined by the LSRCA is available to the site." • Section 5.3.6 Basements states: "The construction of basements will not be permitted in association with new structures within the flood plain." LSRCA staff are generally satisfied that the above regulations, 5.3.1, 5.3.3, and 5.3.6, under the Watershed Development Guidelines, can be addressed through an LSRCA Permit. Lake Simcoe Protection Plan,2009(LSPP) The LSPP provides both guidance and regulation on development and site alteration within proximity to Lake Simcoe, and any watercourses within the watershed. Existing uses are described in Designated Policy 6.45 of the LSPP, and would be applicable.The residential addition appears to have no other alternative location where it might be located outside of the minimum vegetation protection zone of either hydrologic, or natural heritage features on the subject property. As well,the residential addition can be considered to have a minimum impact, or no impact on those same features. Summary LSRCA is satisfied from a watershed management perspective that this application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with those applicable provincial policies and the LSPP. On this basis, the LSRCA has only the below requirements as they relate to this minor variance application: Page 414 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Develops hfi6 s ... onservation authority Page 4 of 4 1. The Applicant shall provide,to the satisfaction of the LSRCA, any requested studies or reports to assist in the review and regulation of this proposal. 2. Ontario Regulation 179/06 applies to the proposed development. Therefore, the applicant must apply for, and successfully obtain an LSRCA permit, as a condition of approval of this variance. 3. The Applicant has not yet provided the required development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. Please note that the amount for a minor variance application is $525.00. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 415 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... s 1Y �f� 4 23om o sA s �m �5 V � ua« J 41 d 3 J 0 d�Q d�y CO/\) 1 1 70 N � O ca N � ry w � Q O a) � — U) O o ca 4-0� O U) � � 70 O Cu � 7 }, O — to J = O N 70Cu — M O C: . . a)o E a }, C) i O O N w O C) Page 416 of 618 7.g) 6.50 p.m. DS2021-141 , Andria Leigh, Director, Development Services ... 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Q Ca CU — OO N O N N 0- , n �-1to C:) Q U U O C U N O � � � O � � C6 — vi 7 Ca O V OC/) U (a C6 CU p O C � p U) Q Q Q- O 'er Cll 4- i Q 70 0 Q Z CO `~ C j Cn � L- Q M M C M M tf > 00 O a) CU C a) O N 4- 4- O U P L) (1) 0) N O C6 C6 > •— � rn 7C3 D O M - U Q 0 NQ Q � Q C 0) N (DCU CO CM to Page 424 of 618 7.h) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-128 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # September 1, 2021 Consent Application 2021-B-30 Roll #: by Melville Mawdsley R.M.S. File #: 4346-010-005-20330 545 Line 13 North & 531 Line D10 59786 4346-010-005-20350 13 North Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-128 be received and adopted. 2. That Application 2021-13-30 to permit a boundary adjustment to convey a parcel having a lot frontage of 15.24 m (50 ft.), a depth of approximately 189.96 m (623.2 ft.) and an area of approximately 0.8 ha (1.98 ac.), to be merged with the abutting property located at 545 Line 13 North (Roll No. 4346-010-005-20330), be approved subject to the conditions as outlined in Report DS2021-128. 3. The conditions are as follows: a) That the severed lands being Part 1 with an area of approximately 0.8 ha (1.98 ac.) and approximately 15.24 m (50 ft.) of frontage on Line 13 North be merged in title with the abutting property to the south/west, described as ORO CON 14 W PT LOT 14 RP;51 R26558 PART 1 RP 51 R34624;PART 1 , and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land dimensioned to the Development Services September 1, 2021 Report No. DS2021-128 Page 1 of 9 Page 425 of 618 7.h) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... satisfaction of the Township Operations Division, that said parcel be deeded gratuitously to the Township for road purposes; that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that survey costs associated with the dedication be born the Owner. c) That all municipal taxes be paid to the Township of Oro-Medonte. d) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. f) Submissions of deeds in triplicate for the parcel(s) severed, one copy to be retained by the Municipality. g) That application 2021-13-30 receive final certification of the Secretary-Treasurer and be registered on title prior to completion of this application. h) That the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parcel of land subject of this consent. i) 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. j) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above- noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands proposed to be severed, retained and merged are located on the east side of Line 13 North. A Location Map and an Aerial Photo are included as Schedules 1 and 2 to this report. The lands to be severed currently support an agricultural storage building. The merged lands currently support a single detached dwelling. The retained lands contain cultivated fields, forest and a watercourse. Surrounding land uses predominantly consist of agricultural uses and rural-residential uses. The severed lands are proposed to be merged with a rural-residential lot located at 545 Line 13 North, as illustrated in the applicant's sketch shown on Schedule 3. No increase in the number of lots would occur as a result of the proposed boundary adjustment. The parcels to be severed and retained possess separate tax roll numbers and the applicant is proposing to sever the lands along a historic lot boundary that existed prior to an inadvertent merger of the properties that appeared to have occurred in 2011. The Development Services September 1, 2021 Report No. DS2021-128 Page 2 of 9 Page 426 of 618 7.h) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... proposed boundary adjustment was previously conveyed (2006) to increase the size of the residential lot. However, in 2011, for estate planning purposes, the applicant and his wife were registered as joint tenants of the farm property. As a result of this, the title to the farm lot and the enlarged house lot merged. The details of the application are as follows: Lands to be Severed: Lands to be Retained Total Merged Lands 531 Line 13 North): 545 Line 13 North Lands to be Severed: Lands to be Retained Total Merged Lands (545 531 Line 13 North): Line 13 North Frontage: Approx. 15.24 m (50 ft.) Approx. 450 m (1,476.3 Approx. 106.7 m (350 ft.) ft. Depth: Approx. 189.96 m Approx. 690 m (2,263.7 Approx. 190.4 m (624.8 (623.2 ft.) ft.) ft.) Area: Approx. 0.8 ha (1.98 Approx. 40.19 ha (99.3 Approx. 1 .9 ha (4.69 ac.) ac.) ac.) Use: Residential Agricultural Residential Policies, Legislation and Analysis: Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Application meets the requirements of the Planning Act and that no plan of subdivision is required. Provincial Policies The Provincial Policy Statement (2020) (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Lot adjustments may be permitted for legal or technical reasons (Section 2.3.4.2) including minor boundary adjustments which do not result in the creation of a new lot. The policies of A Place to Grow, Growth Plan for the Greater Golden Horseshoe (2020) have been reviewed and do not affect the application, since the proposed boundary adjustment does not represent "development" as defined by the Growth Plan. The subject lands contain watercourses; therefore, Section 4.2.3, Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features, is also applicable to this application. Section 4.2.3.1 states that outside settlement areas, development or site alteration is not permitted in key natural heritage features. However, since the Development Services September 1, 2021 Report No. DS2021-128 Page 3 of 9 Page 427 of 618 7.h) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... proposed boundary adjustment does not represent `development' as defined by the Growth Plan, these policies do not affect this application. Based on the above, the proposed boundary adjustment, which does not result in a new lot creation, conforms to applicable Provincial policies. County of Simcoe Official Plan The subject lands are designated `Agricultural' and `Greenlands' in accordance with the County of Simcoe Official Plan. The `Agricultural' designated area applies to the majority of the lands involved in this application, while the Greenlands designation corresponds with the watercourses and their associated treed corridors. Section 3.3.5 of the County's Official Plan contains policies relating to the boundary adjustment and states that "consents for the purposes of legal and technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots." The applicant has indicated that the purpose of the application is for estate planning purposes and to re-establish lot lines created by a previous severance and has inadvertently merged back with the original lot. As a result, there would be no net increase in the number of lots. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. It is Township Planning Staff's opinion that the proposed application is in conformity with the County policies. Lake Simcoe Protection Plan (LSPP) The subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated this application in the context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has provided comments to the Township and note that as this application is to facilitate a lot boundary adjustment, and no new development, as defined by the Provincial Policy Statement is being undertaken, it can reasonably be understood that this adjustment has no impact on the identified natural features. Therefore, this lot boundary adjustment can be considered appropriate by the LSRCA. LSRCA is satisfied from a watershed management perspective that this application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. Township of Oro-Medonte Official Plan The subject lands are designated `Agricultural', `Environmental Protection One' and `Environmental Protection Two' in the Township's Official Plan. The Agricultural section contains policies related to the creation of new lots, yet is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Section D2.2.2 states that "[a] consent may be permitted for the Development Services September 1, 2021 Report No. DS2021-128 Page 4 of 9 Page 428 of 618 7.h) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... purpose of modifying lot boundaries, provided no new building lot is created [and] the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan". The lands designated Environmental Protection One/Two speak to no new development, however, because a new lot is not being created, no development is occurring on the property. Based on Planning Staff's site inspection, the lands to be severed did not appear to have been cultivated during the last growing season and appear to be used as part of the residential lot. It does not appear that this application would remove a significant amount of productive land from cultivation or impact the viability of the farm or the Township's overall agricultural land base is negligible. At the same time, the proposed increase in the size of the residential lot still represents an appropriate and not excessive size for a lot used for rural-residential purposes. On the basis of the preceding, and it is Planning Staff's opinion that the application conforms to the Township's Official Plan. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Mineral Aggregate Resource Two (MAR2), Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95. Table 134-A of the Township's Zoning By-law requires a minimum of lot size of 2.0 hectares (4.9 acres) for agricultural uses and 0.4 hectares (1.0 acres) for a single detached dwelling. Table 134-13 requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. The lot configurations that would result from this application, would all comply with the lot frontage and lot area provisions of the Zoning By-law. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) 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 • Oro-Medonte Official Plan • Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Development Services September 1, 2021 Report No. DS2021-128 Page 5 of 9 Page 429 of 618 7.h) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... Corporate Strategic Goals: The Township's following Strategic Goal is relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff is of the opinion that the proposed development is consistent with the Strategic Plan, as it will not negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering: no objection. • Enbridge Gas: no objections • LSRCA: no objection Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Boundary Adjustment Sketch Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2021-B-30 be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Derek Witlib, Manager Planning Services August 27, 2021 Andria Leigh, Director of Development Services August 27, 2021 Development Services September 1, 2021 Report No. DS2021-128 Page 6 of 9 Page 430 of 618 7.h) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... Schedule 1: Location 736 741 72$ 731 72[3 715 P � C ° 671 4d0 641 J�J P7 is 545 531 625 446 192 411 485 443 425 227$ 2384 2128 Schedule 1 Location 77ISubject Lands — - Proud Heritage,Exciting Future l a 300 M File Number:2021-B-30 1 I 1 Development Services September 1, 2021 Report No. DS2021-128 Page 7 of 9 Page 431 of 618 7.h) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... Schedule 2: Aerial i P � N.. C C � J 1'Rftl x s Z s t J y 4 ^I !. Schedule 2 �1 Aerial Photo 'Jnwr:�allfr of IM SubjccL Lands Proud Heritage,Exciting Future l ' 50 m File Number:2021-B-30 I I i I I I Development Services September 1, 2021 Report No. DS2021-128 Page 8 of 9 Page 432 of 618 Th) 7-10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... Schedule 3: Consent Sketches LOT V] LOT 14 A-,tiJ 0-D P44�C4 PZH SH19-000I1LT1 bo A 4 GAL V PIM 5153S-0031 I LTI-7 PAR; I PART 1 PART sl'-1-2sscs PiN 56539-'00761U) I �'` , � .. .. �`}f�auSc. 8.r,n EICA re, f. R 6 Ce,e 4" F 1F 5551D.0091 LTI AIC- (;) 4 FART I SIR-10166 IL OT ic Schedule 3 Applicant's Severance Sketch He Number 2021-B-30 Proud Herhatie,I-Exciriiij!Furore Development Services September 1, 2021 Report No. DS2021-128 Page 9 of 9 Page 433 of 618 7.h) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... From: Municipal Planning<MunicipalPlanning@enbridge.com> Sent: August 17, 2021 1:14 PM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing for Consent 2021-13-30 (Mawdsley) Thank you for your circulation. Enbridge Gas Inc. does not object to the proposed application however, we reserve the right to amend our development conditions. It is the responsibility of the applicant to verify the existing gas servicing does not encroach on more than one property when subdividing or severing an existing land parcel. For more details contact SalesArea50@Enbridge.com. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning@Enbridge.com. Regards, Alice Coleman Municipal Planning Analyst Long Range Distribution Planning ENBRIDGE TEL:416-495-5386 1 MunicipalPlanning@Enbridge.com 500 Consumers Road, North York, Ontario M2J 1138 enbridge.com Safety. Integrity. Respect. Inclusion. Page 434 of 618 7.h) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: August 17, 2021 1:21 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Consent 2021-B-30(Mawdsley) Development Engineering has No Objection to the above noted Application. Regards Page 435 of 618 7.h) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... Lake Simcoe Region conservation authority www.LSRCA.on.ca August 24th, 2021 File No: 2021-B-30 IMS File No.: CO-135709-081721 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Sent by E-mail to: Plan ning@oro-medonte.ca Dear Mr. Karaiskakis: Re: Proposed Application for Consent 545/531 Line 13 North,Township of Oro-Medonte Thank you for circulating the captioned application to the Lake Simcoe Region Conservation Authority(LSRCA) for review and comment. We understand that the purpose and effect of this application is to re-establish a previously approved boundary adjustment that has inadvertently merged with the retained lands. Documents Reviewed and Received by Staff • Committee of Adjustment Notice(dated Aug. 16t", 2021) Staff have reviewed this application in the context of natural heritage and natural hazard policies of the Provincial Policy Statement (PPS), Growth Plan for the Greater Golden Horseshoe, the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Site Characteristics Existing mapping indicates that much of the subject properties are within the regulated area under Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of the watercourse (Bluffs Creek) which abuts the subject properties to the west, and its associated floodplain. As well as the regulated wetland, located to the west of the subject properties, and its associated minimum vegetation protection zone. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 436 o-f1618.800.465.0437 7.h) 7.10 p.m. DS2021-128, Danielle VWateWdR4Mg1®r re- C8RN't A��Il ca... Page 2 of 3 Features Lake Simone Region[onservatlon LSRCA Watershed Boundary ` 8u[honly ❑� L5PP Watershed Boundary Regulation Boundary Regulation Area ® CA Boundaries Assessment Parcel -Y - Lot and Concession a Road Labels — Watercourse Roads rs9var_,eve.xi _1� Railway Lower Tw Municipality rb LM€i3 N Prc Ort &1912021 dtlLVE+..1 � ++w�w wgtrsa wp+ ar aw aaMwr awc w.r a.w.s raa,enr.snwi„.. avmmRsr��.aaos.aoarsooa.�.:�s,.. Yu fOeAv�.Hs Scaler 1: U23 Meters 82 p 41 82 Any future development or site alteration will be subject to applicable provincial policies and the LSRCA's Watershed Development Guidelines. Any future development or site alteration within the regulated area will require a permit from the LSRCA ahead of the issuance of a municipal building permit. Delegated Responsibility and Statutory Comments 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(2020).The subject property is located within both the floodplain of a watercourse and the minimum vegetation protection zone of a regulated wetland.This proposal is to facilitate a lot boundary adjustment, which would not result in development occurring on-site, as per the Provincial Policy Statement. As this application is to facilitate a lot boundary adjustment, and no new development, as defined by the Provincial Policy Statement is being undertaken, it can reasonably be understood that this adjustment Page 437 of 618 7.h) 7.10 p.m. DS2021-128, Danielle WateW R4 avi®r re: Ca�rS�NI A��Il ca... Page 3 of 3 have no impact on the identified natural features. Therefore, this lot boundary adjustment can be considered appropriate by the LSRCA. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06.This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines,watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The subject property is within the regulated area of the LSRCA, as per Ontario Regulation 179/06.Therefore, any new development or site alteration will require an LSRCA Permit. Summary LSRCA is satisfied from a watershed management perspective that this application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. On this basis,the LSRCA has only the below requirements as they relate to this consent application: 1. The Applicant has not yet provided the required development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. Please note that the amount for a consent application is$525.00. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned. Please advise our office of any decision made with regard to this matter. Sincerely, Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 438 of 618 7.h) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: Consent Applica... From: Magao.Ishan To: Planning; Karaiskakis.Andy Cc: Amadio. Dan; Hunt, Maryann Subject: RE: County Comments_2021-13-30_545/531 Line 13 North—County File OM-13-21012 Date: August 27,2021 11:19:19 AM Hi Andy, Thank you for your email regarding a proposed Consent application for 545 Line 13 North and 531 Line 13 North in the Township of Oro-Medonte.The proposal to sever approximately 0.80 ha (1.98 acres)from 531 Line 13 North to be added to the abutting property at 545 Line 13 North.The resulting lot area for 531 Line 13 North will be approx.40.19 ha (99.3 acres) and for 545 Line 13 North will be approx. 1.9 ha (4.69 acres). It is understood that No new lot would be created as a result of the proposed boundary adjustment and the subject lands will continue to be used as their current use. It is also understood that the purpose of consent application is to re-establish a previously approved boundary adjustment that has inadvertently merged with the retained lands. The subject lands are designated "Agricultural"and "Greenlands"on Schedule 5.1, Land Use Designations of the County Official Plan and are mapped "Prime agricultural areas"in the Agricultural System agricultural land base map by OMAFRA. Further, the subject lands are partially regulated by the Lake Simcoe Region Conservation Authority(LSRCA). LSRCA comments may provide direction on the proposed development in relation to environmental constraints on the subject lands. County of Simcoe Official Plan policy 3.6.7(o) states that, In the Agricultural designation lot creation is discouraged and may only be permitted for Agricultural uses, provided new lots for agricultural uses should not be less than 40 hectares or the original survey lot size, whichever is lesser, or 16 hectares in specialty crop areas. Proposed size of the agricultural lot (531 Line 13 North) as per the application is approximately 40.19 ha, which complies with the County Official Plan policy 3.6.7(o). Based on our review and presuming that the Township is satisfied considering this as a technical severance, 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. Sincerely, Ishan Maggo,AITP I M.Plan Planner II County of Simcoe,Planning Department Phone:(705)726-9300,extension-1157 Email: Ishan.MagRoPsimcoe.ca Web:www.simcoe.ca 7 W7. Please considerthe environment before printing this email. Page 439 of 618 Th) 7.10 p.m. DS2021-128, Danielle Waters, Planner re: September 1, 2021 Development@R t qi�e- From: Metras,Justin 7h) Additional correspondence received To: Ceretti. Kendra Subject: RE: Notice of Public Hearing for Consent 2021-B-30(Mawdsley) Date: August 30,2021 8:31:49 AM Kendra Operations has no comment on this application. 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Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2021-134 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # September 1, 2021 Consent Application 2021-B-31 Roll #: John & Henrietta Houston R.M.S. File #: 4346-040-001-21100 3276 Penetanguishene Road D10 59813 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-134 be received and adopted. 2. That the Development Services Committee grant Provisional Consent to Application 2021-13-31 to permit a boundary adjustment to convey a parcel having a lot frontage of 10.82 metres, depth of 183 metres and an area of approximately 0.49 hectares to be merged with the proposed located at 3238 Penetanguishene Road, subject to the conditions as outlined in Report DS2021- 134. 3. The conditions are as follows: a. That the severed lands be consolidated with the abutting property at 3283 Penetanguishene Road 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 3238 Penetanguishene Road, the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. A solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identifier Number; b. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; c. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; d. That all municipal taxes be paid to the Township of Oro-Medonte; e. That the Certificate of Consent be issued utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the parcels; and, Development Services September 1, 2021 Report No. DS2021-134 Page 1 of 16 Page 452 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... f. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Existing Conditions This consent application relates to the properties located at 3238 and 3276 Penetanguishene Road, as illustrated on Schedule 1. An aerial view of these properties and its limits is provided in Schedule 2. For the purposes of this application, 3276 Penetanguishene Road will be known as the "subject lands" and 3238 Penetanguishene Road will be known as the "receiving lands". The survey and drawings submitted by the Applicant illustrate that the subject lands have frontage of approximately 266.82 metres and area of 47.79 hectares (118.2 acres). The subject lands are occupied by a single detached dwelling, detached garage and accessory storage building. The receiving lands have frontage of approximately 35.82 metres and area of 0.68 hectares (1 .68 acres) and are occupied by a single detached dwelling and detached garage. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Rural • Township of Oro-Medonte Official Plan: Rural • Zoning By-Law: Agricultural/Rural (A/RU) 3. Proposal The application for consent will sever approximately 0.49 hectares (1.2 acres) from the subject lands and transfer the severed lands to the receiving lands. The result will be retained lands of approximately 47.3 hectares (117 acres). The dimensions of the severed, retained and merged lands are provided in the table below. No minor variances have been requested in conjunction with this consent application. The retained lands and merged lands will satisfy the minimum lot area and minimum lot Development Services September 1, 2021 Report No. DS2021-134 Page 2 of 16 Page 453 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... frontage requirements of the Zoning By-Law. The Applicant's site plan is included in Schedule 4 and the Applicant's severance plans are included in Schedule 5. Lands to be Severed Lands to be retained Total Merged lands (3276 Penetanguishene (3276 Penetanguishene (3238 Penetanguishene Road Road Road Frontage: Approx. 10.82 m Approx. 256 rn Approx. 35.82 m (35.5 ft.) (839.5 ft.) (117.5 feet) Depth: Approx. 183 m (600 ft.) Approx. 1,219 m Approx. 183 m (600 ft.) 4,000 ft. Area: Approx. 0.49 ha Approx. 47.3 ha Approx. 0.68 ha 1.2 acres 1 17 acres 1.68 acres Use: Vacant Agriculture and Rural Continued Residential Residential Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. I have reviewed the consent application within the context of the applicable policies of PPS 2020. There will be no changes to existing land uses and structures on the severed, retained or merged lands as a result of the severance and land transfer. The retained lands will maintain approximately 117 acres while the lot area for the single detached dwelling on the merged lands will be increased, which is effectively a lot line adjustment. The application will result in no adverse impacts to the existing agricultural, rural and natural heritage character of the properties in question or the surrounding community. On this basis, it is my opinion that the consent application is consistent with PPS 2020. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1 .2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. Development Services September 1, 2021 Report No. DS2021-134 Page 3 of 16 Page 454 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... It is my opinion that the development proposal generally conforms to the applicable Growth Plan policies on the basis that the consent application will only adjust the existing lot lines of the subject lands and receiving lands without resulting in any changes to the existing land uses or built form, agricultural, rural and natural heritage character of these properties and the surrounding area. No new lots are being created through the severance and lot line adjustment. 3. Simcoe County Official Plan The subject properties are designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. The subject properties are 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. However, the subject properties are identified as being located in Highly Vulnerable Aquifer and Significant Groundwater Recharge Areas on Schedules 5.2.5 and 5.2.6. On the basis of the review of the specific policies of the Simcoe County Official Plan provided in Table 2, it is my opinion that the consent application conforms to the County of Simcoe Official Plan. Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • The lot line adjustment that will occur as a result of the consent application will in no way change The goals of this Plan are: existing uses,structures and other characteristics of the subject properties.As a result,there will be • To protect,conserve,and enhance the County's no impacts to the County's natural or cultural natural and cultural heritage; heritage,resources,public health and safety and • To achieve wise management and use of the other goals of the Official Plan. County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • 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 proposal will not result in growth or new development in the rural area as no new lots will 3.1 Strategy be created and no new dwellings or structures Development Services September 1, 2021 Report No. DS2021-134 Page 4 of 16 Page 455 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... The planning strategy of this Plan is based on four themes: constructed as a result of the consent application and land transfer. • Direction of a significant portion of growth and • Given that this is a lot line adjustment to transfer development to settlements where it can be lands from the subject lands to the receiving lands effectively serviced,with a particular emphasis on with no changes in the existing uses and primary settlement areas. structures,there will be no impact to the built • Enabling and managing resource-based form,natural,agricultural or rural character of any development including agriculture,forestry, of the lands involved. 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. 3.3 General Development Policies • The existing dwellings and structures will remain, with only one dwelling on the retained and Lot Creation merged lands. • No new lots are being created,only adjustment to 3.3.1 In the Rural,Agricultural,and Greenlands designations, the existing lot lines of the subject property and only one detached dwelling may be located on a lot as receiving lands. permitted in this Plan and subject to appropriate local • The retained and merged lands will continue to municipal official plan,zoning and municipal by-laws.In have direct road access and frontage. areas outside of the Oak Ridges Moraine Conservation Plan • No minor variances will be required in conjunction area,local municipal official plans may make provision for with the consent application. second units such as semi-detached dwelling units, • The existing uses on these lands conform to the accessory apartments,structures providing accommodation Official Plan and will continue after the consent for temporary or seasonal farm help,garden suites,or other application is finalized. temporary accommodations,with the provision of adequate water and sewage treatment facilities.Second detached accessory dwellings may be permitted in accordance with local municipal official plan policies and shall be located in the building cluster. 3.3.2 Subdivision of land by plan of subdivision or consent, or plans of condominium,are permitted only for the land uses permitted in the designation or that maintain the intent of the Plan's objectives and policies. 3.3.3 In the Rural,Agricultural and Greenlands designations consents to create separate lots for two dwellings established in accordance with Section 3.3.1 are expressly prohibited. 3.3.4 Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe,the Province of Ontario,or local municipalities.Exceptions may occur in plans of condominium where the condominium development has access to a public highway.Subject to local municipal bylaws and official plans lots may be created on existing private roads or water only access. Development Services September 1, 2021 Report No. DS2021-134 Page 5 of 16 Page 456 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... 3.3.5 Consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan,Provincial policies and legislation. 3.3.7 Development,including lot creation,is discouraged outside of but adjacent to,or in close proximity to settlement area boundaries in order to enable the efficient expansion of settlement areas.Where lands are designated Rural within one kilometre of a primary settlement area,the land use policies for prime agricultural areas shall apply.In certain circumstances,the existence of natural or human- made boundaries can be considered justification for an increase or decrease in the one kilometre distance as established in the local municipal official plan.Where a rural employment area exists in accordance with 3.7.6 or where an expansion of same is proposed in accordance with 3.7.7, the Rural policies shall apply. 3.5 Rural • The existing built form and land use character, including natural heritage and agricultural Objectives features,will not be impacted in any way by the consent. 3.7.1 To recognize,preserve and protect the rural character • The existing single detached and open spaces uses and promote long-term diversity and viability of rural on these lands will continue following the economic activities. proposed lot line adjustment. 3.7.2 To encourage maintenance,protection,and • The consent will not create a new lot or otherwise restoration of significant natural heritage features and intensify residential development of the subject functions and to conserve the built heritage resources and lands or receiving lands. cultural heritage landscapes associated with rural and agricultural areas. Policies 3.7.3 Lands in the Rural designation shall be the focus of rural and agricultural land uses. 3.7.4 The following are permitted in the Rural designation: a)those land uses permitted in the Agricultural designation; b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. Development Services September 1, 2021 Report No. DS2021-134 Page 6 of 16 Page 457 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... 4. Township of Oro-Medonte Official Plan The subject property is designated "Rural' on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 addresses the applicable policies. It is my opinion that the proposal for the subject property conforms to the Township Official Plan. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The proposed consent will have no impacts on natural heritage features on the subject property A2.1 Natural Heritage and the surrounding areas. • No new services or infrastructure are proposed to A2.1.1 Goal support the accessory structure. • There are no wetlands or Provincially Significant It is the goal of this Plan to protect and enhance significant Areas of Natural and Scientific Interest located on natural heritage features and related ecological functions in or adjacent to the subject property. the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. 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. 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 proposed consent application reflects a lot line adjustment on the subject and receiving lands. A2.5.1 Goal Consequently,the existing natural,agricultural and open space character of these lands will be It is the goal of this Plan to protect,maintain and enhance protected and maintained. the natural,agricultural and open space character of the . There will be no changes to the existing land uses rural area. and structures on the property that may lead to A2.5.2 Strategic Objectives incompatibility. a)To preserve and enhance the Oro Moraine as a unique and important landform feature of the Township. Development Services September 1, 2021 Report No. DS2021-134 Page 7 of 16 Page 458 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... 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. A2.6 Growth and Settlement • The proposed consent relates to existing single detached dwelling uses and will not result in new A2.6.2 Strategic Objectives residential growth or changes to the character of the subject or receiving lands. a)To direct the majority of new residential growth to settlements. d)To encourage the more efficient use of land in settlements,where appropriate. SECTION C2—RURAL • There will be no changes to the existing uses or structures on the subject lands or receiving lands C2.1 OBJECTIVES that would result in incompatibility or adverse impacts on the rural character of these lands. •To preserve and promote the rural character of the • The existing single detached dwellings and Township and the maintenance of the open countryside. accessory buildings are permitted uses that will •To prevent the intrusion of land uses which are incompatible with the rural character and/or resource remain in their current form. • No new uses or modifications to the existing uses activities of the area. are proposed as part of this application. C2.2 PERMITTED USES Permitted uses on lands in the Rural designation as shown on the schedules to this Plan are agriculture,single detached dwellings,bed and breakfast establishments subject to Section C1.3.10,home occupations,home industries subject to Section C1.3.3,forestry,commercial dog kennels subject to Section C1.3.5,resource management uses,agricultural research and training establishments subject to Section C1.3.7,farm related tourism 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 Development Services September 1, 2021 Report No. DS2021-134 Page 8 of 16 Page 459 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... 5. Township of Oro-Medonte Zoning By-Law 97-95 The proposal to sever the subject lands and transfer the severed lands to the receiving lands represents a lot line adjustment that will have no impacts on the existing land uses and structures, or the natural and rural characteristics of these lands. The application is consistent with the County and Township Official Plan policies that relate to the concept of compatible rural land use that preserves and protects existing natural heritage and rural features and uses. The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Agricultural/Rural (A/RU)", which permits the existing single detached dwellings and accessory buildings/structures. The revisions to the lot dimensions for the subject and receiving lands will comply with the applicable zoning regulations and require no minor variances. It is my opinion that the consent application conforms to the Zoning By-Law. 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. It is my opinion that the requested consent is consistent with PPS 2020, the Growth Plan and the applicable matters of provincial interest. Section 51(24) of the Planning Act sets out criteria for evaluating proposals for subdivision, including consent. I have reviewed these criteria and it is my opinion that the proposed consent satisfies these criteria, including the following: a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing; (e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; (f) the dimensions and shapes of the proposed lots; Development Services September 1, 2021 Report No. DS2021-134 Page 9 of 16 Page 460 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... (g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; (h) conservation of natural resources and flood control; (i) the adequacy of utilities and municipal services; 0) the adequacy of school sites; (k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; (1) the extent to which the plan's design optimizes the available supply, means of supplying, efficient use and conservation of energy; and (m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2). Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) 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. Development Services September 1, 2021 Report No. DS2021-134 Page 10 of 16 Page 461 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... 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 comments. • Township Building Division — No comments. • Township Development Engineering — No objection to the application. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Applicant's Site Plan Schedule 5: Applicant's Severance Plans Conclusion: I recommend that Consent 2021-B-31 be approved, subject to the conditions outlined in this report. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Andria Leigh, Director, Development Services August 27, 2021 Development Services September 1, 2021 Report No. DS2021-134 Page 11 of 16 Page 462 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map ...I II + aRll ��� I " I• Map Layers .v1iU :,III A'RU45 ti.... I Fr III !J\J II fI RI IR I I I RIIR1 f A IF'.I .I I ARI ER A'RLI Development Services September 1, 2021 Report No. DS2021-134 Page 12 of 16 Page 463 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo -. p 5 Y ;000", R hU A-RU A+RU EF' EP Development Services September 1, 2021 Report No. DS2021-134 Page 13 of 16 Page 464 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos n Penetanguishene Road(Looking North) Penetanguishene Road(Looking South) tL h Y _ Lands to be Severed 3238 Penetanguishene Road(received severed lands) Single Detached Dwelling on Retained Lands(to remain) Lands to be Retained Development Services September 1, 2021 Report No. DS2021-134 Page 14 of 16 Page 465 of 618 7J) 7-20 p.m. DS2021-134, Michael Barton, Township Planning Consultant Schedule 4: Applicant's Site Plan p ACT 2. L A AF 91R - 25 -4; spa' ,msyt'aot PSI ,area tRr.] �!GW W71, A/ 'i U 6 IL — — — Jr i ram. Development Services September 1, 2021 Report No. DS2021-134 Page 15 of 16 Page 466 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... Schedule 5: Applicant's Severance Plans CaNTo7 3 n M W • La ds b se er a T ,2 wsB�zv : s s er ed it 3 8 #3238 P to gu. h e a fi(ST WIRE FENCC t]N NC Z .{J'�(, yv�f - 51,�( ��assl Development Services September 1, 2021 Report No. DS2021-134 Page 16 of 16 Page 467 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Consent 2021-13-31(Houston Date: August 21,2021 9:51:40 AM Kendra Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 468 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... From: McCartney,Garry To: Planning Cc: Wilson,Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Consent 2021-13-31(Houston Date: August 21,2021 8:43:36 AM Attachments: Notice of Public Hearing(2021-13-31)Houston.pdf The Building Division has no comments at this time. Thank you, Page 469 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... From: Saunders,David To: Planning Subject: RE: Notice of Public Hearing for Consent 2021-13-31(Houston Date: August 19,2021 10:41:06 AM Development Engineering ahs No Objection to the above noted Application. Regards Page 470 of 618 September 1, 2021 Development Services Committee 7.i) 7:20 p.m. DS2021-134, I N Consultant ... County of Simcoe Main Line(705)726 9300 COUNTYOF'� Transportation and Toll Free 1 866 893 9300 SI "MCO� Engineering h Fax(705)727 7984 TRANSPORTATION AND Highway 26, Web: simcoe.ca ENGINEERING AW-OW Midhurst, Ontario L9X 1 N6 Andy Karaiskakis August 27, 2021 Secretary-Treasurer, Committee of Adjustment Township of Oro-Medonte 148 Line 7, Box 100, Oro, ON LOL 2EO *via: e-mail* Dear Mr. Karaiskakis, RE: Consent Application No. 2021-B-31 3276 Pentanguishene Road (County Road 93), Part Lot 39, Concession 1, Township of Oro-Medonte, County of Simcoe. Thank you for circulating the above-noted application to the County of Simcoe for review. The existing right-of-way on Penetanguishene Road (County Road 93) adjacent to the subject property is approximately 30.5 metres wide. In accordance with Table 5.4 of the Simcoe County Official Plan, the required basic right-of-way width for County Road 93 is 36.0 metres. County staff has reviewed this requirement and feel that the full right-of-way width is necessary for future road maintenance, road improvements and stormwater flow from County Road 93. In order to meet this right-of-way requirement, the County will require a road widening of approximately 3.0 metres along County Road 93. The County of Simcoe has no objection to the approval of the application, provided the following condition is included: 1. The applicant shall transfer to the Corporation of the County of Simcoe ("County"), at no cost, a fee simple, unencumbered interest in the following: i. A road allowance widening along the entire frontage of the subject property adjacent to County Road 93 to provide a 18.0 metre right-of-way from the centre line of County Road 93. The applicant shall submit to the satisfaction of the County's Transportation and Engineering Department a preliminary reference plan (1 copy and 1 electronic copy) which sets out the road widenings to be transferred to the County. Upon approval, the County will instruct the surveyor to deposit the reference plan in the Land Registry Office for Simcoe County and request the surveyor provide the County with 1 copy and 1 electronic copy of the deposited reference plan. All costs associated with the land transfer, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the applicant. All legal documentation is to be negotiated, prepared and registered by the Legal Services Department of the County and to be executed where required by the Applicant. The Applicant shall submit to the Legal Services Department of the County a deposit in the amount of$1000.00 prior to the services being rendered. Invoices will be submitted Page 471 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... County Comments - 2 on a cost recovery basis and applied against the deposit. Additional deposits may be required, and any excess over the total invoices will be refunded. The County of Simcoe is requesting the road widening pursuant to section 53(12) of the Planning Act and such land will form part of the highway to the extent of the designated widening in accordance with section 31(6) of the Municipal Act, 2001. The widening of County Road 20 is required pursuant to the County's standards for construction and is consistent with proper safety standards. Prior to stamping of the deed by the Township of Oro-Medonte, the applicant shall obtain written clearance from the County for the above-noted condition. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact me at the phone number below. Sincerely, The Corporation of the County of Simcoe Zoran Nedelkovski, Engineering Technician 705-726-9300 Ext.1222 C.C. Julie Scruton, County of Simcoe https://simcoecounty.sharepoint.com/sites/PLNDepartment/Shared Documents/General/D-Development&Planning D/D07 to D14 Development Correspondence/Oro-Medonte/D10 Severance&D13 Variances/2021/OM-B-31 3276 Penetanguishen Road/T&E Comments Aug 27,21.doc Page 472 of 618 a 7.i) 7.20 p.m. DS2021-134, Michael Barton, To hip Planning Consultant ... -17 BF W S J r O j *%%—WOO s t M o _0 m w CU 4-0 � C: 4-0 O (U U U (U . . . . N '� }' Q M C: . . 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ItIi I� Ell a) o _0 _0 _ � aAI aa)_ W Lei' n�n'' }n'� a) 0 M •� 41 O � AI v/ (n_ X O w -17 z#ir'...nm7a u CM 1 o a) 0� O : a) N C: 4 0 r 4�F `I a III i, 0) a) :. 70 M i� 41 \ a) a) Fn CO 0) M AI a II' CO x T III Page 481 of 618 7.i) 7.20 p.rrf DS2821-1g4�Vlichael Barton, Zrown*ip Planning Consultant ... +J > c6 O � N O (10 U 0 O a) Q -p �_ -w O E —J > +� C 0= cmO O O C U M O 4-1•. L i + O N — ^� _ `� c6 L L cn U O a) >% 0 >+ O O) (n Co 'i u cz 0 4— 0 cn a� V O c6 m L 0_ > CO to O (n O v = .L N O N C6 _O }' Q a) Z3 E c O a) 7o a) ca E p � O O a) ~ N O CD O _ U) Q U C6 U O .a O U � O O) •� C6 a) L d O O Q t O p >% O }' C U M C M O 4— a Q. w O � -0 c6 L }' O 0_ O O a� U � Ca a) 4- L Co O a- Q C a) a) r a) � a) E c 0 0 co O U) :L- Q m 6co -0 _ cn c L L� C6 a) L L /0 C U Q] N � � o � � �, � .4-1 LO � � UL4-1 c L M c6 �' +.+ O O a) co om � a, � 0U) � cn 4-1 > O COO , m L O 0 O Q Q 4-1 O U O .. O L am { t+ 4-0L -1--' L --+ Q 7 0 O - U O +L•+ a) U U X co > O U . . cn ) O p c6 N W O O a) 4-1N ii O O co Q _ U }, ♦"' > M p O ca Qa p 0 7 >' C N .O C U O C '� Q U 0-Ea) Qa O � co m E O O � c�6 � OUHtn C� _0 c6 .Q U _0 a) U Page 482 of 618 7.i) 7.20 p.m. DS2021-134, Michael Barton, Township Planning Consultant ... o -04-7 :X Q � co � a� c p > v o - a� L) o C\I U i= 0 �\ CO Q � O O 04-0 V) N N Q N V 00 c > 0 O 2 � r O) O M N U � O +� I — N cn >, ♦'' ^ O W Ca O M M .N 70 >, > N _0 -0L � LO U 7 Q O N � c6Na � o� N _ — L M O Z LO -a C O N O QQ C LO O � � � 0 '0 U O O O 0) V O O 4-1O }' N U) O N U O 0 p C6 -a M 4-1 }, O L O 4-1 O C) 0-) O N � U O) L OEZ .> O O V _ C C •— C6 U) }' Q N � Page 483 of 618 7.j) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... zo Township Of C.�` ,W Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2021-139 Development Services Committee Derek Witlib, Manager Planning Services Meeting Date: Subject: Motion # September 1, 2021 Consent Application 2021-B-32 by Natalie Brunelle c/o Lise Brunelle Roll #: Part of Lot 40, Con. 1 (Vespra) R.M.S. File #: 4346-040-001-21306 Township of Oro-Medonte D10 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2021-139 be received and adopted; 2. That Consent Application 2021-B-32 by Natalie Brunelle c/o Lise Brunelle for lands in Part of Lot 40, Concession 1 W.P.R. (Vespra), Township of Oro-Medonte, to create a new lot for residential purposes with a lot frontage of approximately 40 metres and a lot area of approximately 0.4 hectares, be approved subject to the conditions outlined in Report DS2021-139; 3. The conditions for Consent Application 2021-B-32 areas follows: a) That the applicant signs the Township's Memorandum of Understanding (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; b) That the severed lands be rezoned to a Residential 1 (R1) Zone to the satisfaction of the Township of Oro-Medonte. c) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; d) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; f) That all municipal taxes be paid to the Township of Oro-Medonte; Development Services Committee September 1, 2021 Report No. DS2021-139 Page 1 of 15 Page 484 of 618 7J) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... g) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, h) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. Background: The subject lands are located on the west side of Penetanguishene Road, south of Horseshoe Valley Road, in the Rural Settlement Ares of Craighurst. The subject lands have a lot area of approximately 13.5 hectares (33.4 acres) and two sections of frontage on Penetanguishene Road, measuring approximately 40.2 metres (132 feet) and 44.8 metres (147 feet). The lands contain an agricultural building and an accessory building. The majority of the land is under agricultural cultivation and there are small watercourses and wooded areas on the property. This parcel was created by Consent Application 2019-13-05 for future development within the Craighurst Rural Settlement Area, by severing the lands from an existing dwelling located at 3342 Penetanguishene Road. Surrounding land uses consist of residential uses to the north and east, agricultural uses to the south and the Canadian Pacific Railway to the west. A Location Map and an Aerial Photo are included as Schedules 1 and 2 to this report. The purpose of Consent Application 2021-13-32 is for consent to sever a new lot for residential purposes. The details of the application are as follows: Lands to be Severed Lands to be retained Frontage: Approx. 40.2 m (132 ft.) Approx. 23 m (75.5 ft.) Depth: Approx. 59.7 m 196 ft. Approx. 1 ,062.7 m 3,487 ft. Area: Approx. 0.41 ha (1.01 acres) Approx. 13.14 ha (32.5 acres) Use: Proposed residential Continued agriculture The applicant's consent sketches are included as Schedule 3. Development Services Committee September 1, 2021 Report No. DS2021-139 Page 2 of 15 Page 485 of 618 7J) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 1.1.3 — Settlement Areas and Section 1 .6.6 Sewage, Water and Stormwater are applicable to this application. The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1.1.3.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Furthermore, Section 1.1.3.4 states: "appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form" (p. 9). Section 1.6.6 Sewage, Water and Stormwater of the PPS contains policies that promote the efficient use and optimizes existing municipal services. Section 1 .6.6.5 of the PPS states that partial services (municipal water services and individual on-site sewage services) shall be permitted "within settlement areas, to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts" (p.19). Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement as the proposed residential lot is located within a rural settlement area (Craighurst) and is to be serviced by individual on-site sewage services, being the servicing method currently serving the majority of the Craighurst Settlement Area until such time as municipal piped services are provided. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The subject application has been reviewed by planning staff with respect to the Places to Grow policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification ... [and] 1) directing development to settlement areas Since the proposed development is within a rural settlement area (Craighurst), it is supported by the Growth Plan. Therefore, Planning Staff's opinion that this application conforms to the Growth Plan. Development Services Committee September 1, 2021 Report No. DS2021-139 Page 3 of 15 Page 486 of 618 7J) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... County of Simcoe Official Plan Pursuant to Schedule 5.1 of the County's Official Plan, Craighurst is identified as a "Settlement" in the Township, the boundaries of which Section 3.5.4 of the County's Official Plan states "are shown in local municipal official plans and are considered to be the approved settlement area boundaries of this Plan." Settlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. The wide range of land uses provides an opportunity for people to live, work, shop and find recreation in one compact community. It is the opinion of Planning Staff that this application conforms to the County Official Plan. Zoning By-law 97-95 The majority of the subject lands are zoned Agricultural/Rural Exception 15 (A/RU*15) Zone. Portions of the retained lands are also zoned Environmental Protection (EP), which corresponds with watercourses on the severed lands. Refer to Schedule 6. The Agricultural/Rural Exception 15 (A/RU*15) Zone currently only permits those uses that are existing on the lands. Exception 15 states: 7.15 *15 - Lands Adjacent to Settlement Areas Notwithstanding any other provision in this By-law, only uses that existed on the effective date of this By-law are permitted on those lands denoted by the symbol *15 on the schedules to this By-la w." This zoning was put in place by the Township on lands within the Settlement Area as a control measure to ensure that no development or redevelopment occurs until all other relevant land use planning consideration have been addressed before a new zoning category is approved for the lands. In this case, the A/RU*15 Zone will ensure that the retained lands will not be developed until matters such as servicing, traffic, natural heritage and archaeological resources are addressed through the appropriate processes and planning applications, in accordance with the Craighurst Secondary Plan. Township of Oro-Medonte Official Plan The proposed severed lot and a portion of the retained lands are located within the Rural Settlement Area of Craighurst. According to Schedule `F' (Craighurst Secondary Plan) to the Township of Oro-Medonte Official Plan, the severed lands are designated Living Area (which represents the lands in Craighurst that are intended for future residential development). The retained lands are designated Living Area, Rural and a portion corresponding with a watercourse, is designated Environmental Protection One. Refer to Schedule 4 to this report, which illustrates the Official Plan designations. It is Planning Staff's opinion that this application, if approved, will assist in setting the stage for that portion of the retained lands within the Living Area designation to be developed in the future in accordance with Section C18.4.1 of the Craighurst Secondary Plan. Major development in Craighurst must rely on municipal water, sewer and stormwater management Development Services Committee September 1, 2021 Report No. DS2021-139 Page 4 of 15 Page 487 of 618 7J) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... services (Section C18.8) and those services are not yet available. In order to ensure that development and servicing in Craighurst occurs in an orderly, well-planned manner, including the availability of municipal services, the Craighurst Secondary Plan contains phasing policies in Section C18.9. Specifically, Section C18.11(a)(iii) is directly relevant to these applications. Section C18.11(a) states: C18.11 Timing of Development a) No new lots shall be created in the Craighurst Community Secondary Plan area for any purpose, unless: i) The Development Phasing Plan for the entire Secondary Plan area has been approved by the Township, or ii) an area-specific phasing plan has been prepared for the lands on which the new lot(s) is proposed; or iii) the intent of the application is to consolidate parcels of land for development purposes or to create a new parcel to facilitate new development. In particular Section C18.11(a)(iii) above is applicable to this application. Notwithstanding that the application proposes to create a new residential lot, the severed parcel represents a portion of the overall lands that would be somewhat awkward to develop as part of a larger plan of subdivision, partly because of the location of the Township-owned parcel, which restricts the location options for a new future road and restricts lots along the future road. By severing the lands, the retained portion could be available for consolidation with other adjacent land to the north for future development, without limiting the overall development potential of the lands. The applicant's planner has provided a concept plan of a potential future development pattern, included as Schedule 5 to this report. For the reasons above, it is Planning Staff's opinion that this application conforms to Section C18.11(a)(iii) of the Official Plan. The Official Plan also contains in Section D2.2.1 a number of general criteria applicable to all consent applications. These criteria and Planning Staff's comments as they relate to the applicant's Consent Application are listed below: D2.2.1 General Criteria Prior to issuing provisional consent for a new lot for any purpose, the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a) fronts on and will be directly accessed by a public road that is maintained on a year-round basis,- Conforms- The lands have direct frontage on Penetanguishene Road, which is a County road that is maintained year-round. b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The County of Simcoe has not provided comments on the application, however the County's position on other planning applications in the Township has been that as per Section Development Services Committee September 1, 2021 Report No. DS2021-139 Page 5 of 15 Page 488 of 618 7J) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... 4.8.32 of the County of Simcoe's Official Plan, "new entrances shall not be permitted to individual residential lots created on County Roads following June 30, 1996, except in urban settlement areas designated in Official Plans and in accordance with the County Entrance By- law regulating access to County Roads." Based on the majority of the lands being within the Craighurst Rural Settlement Area, Planning Staff are of the opinion that the application conforms to County road entrance policies. c) will not cause a traffic hazard; Conforms: The County of Simcoe has not provided comments on the application, however in the event that a new driveway entrances are proposed in the future to access the severed or retained parcels, they would be subject to a County driveway entrance permit at that time. Any future development on the proposed severed parcel would be reviewed at that time for any traffic impacts. d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Conforms (subject to zoning by-law amendment): In order for a dwelling to be established on the proposed severed lot, it is necessary to rezone the lands to remove the Agricultural/Rural Exception 15 (A/RU*l5) Zone. Since the severed lands are within the Settlement Area, the Residential One (R1) Zone would be an appropriate zoning category for the severed parcel, enabling it to be developed for residential use. The severed lot would then comply with the minimum lot frontage (30 metres) and minimum lot area (0.2 hectares) requirements. Planning Staff has recommended a rezoning to R1 as a condition of consent. The retained lands would remain in the Agricultural/Rural Exception 15 (A/RU*l5) Zone. There is no specific minimum lot frontage requirement that would apply to lands zoned A/RU*15. However the application proposes that the retained parcel would have frontage of 23 metres on Penetanguishene Road, which would be adequate to accommodate a future road connection, since a standard road allowance is 20 metes wide. e) can be serviced with an appropriate water supply and means of sewage disposal; Conforms: The proposed new lot would be serviced by a private individual well and septic system until such time as municipal piped services are available. f) will not have a negative impact on the drainage patterns in the area,- Conforms- The Development Engineering Division is responsible for matters related to drainage and has no concerns with the application. Any future subdivision development on the severed lands would require a stormwater management plan. g) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- In this case it would be the severed parcel that would be intended for future development. The proposed consent removes a portion of frontage from Penetanguishene Development Services Committee September 1, 2021 Report No. DS2021-139 Page 6 of 15 Page 489 of 618 7J) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... Road. However, the remaining 23 metres of frontage for the retained parcel would maintain an access point for a future new road into the retained lands. Therefore, Planning Staff is of the opinion that the proposed consent will not restrict the future development of the lands. h) will not have a negative impact on the features and functions of any ecological feature in the area, Conforms: No natural heritage features would be impacted by this application and the NVCA has advised it has no objection. i) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area, and, Conforms: No impacts on groundwater or well-heads are anticipated by this development. j) will conform to Section 51 (24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: It is Planning Staff's opinion that the application conforms to the Planning Act. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) 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: 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. Development Services Committee September 1, 2021 Report No. DS2021-139 Page 7 of 15 Page 490 of 618 7J) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments, and a public notice sign 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. • Operations Division — No comments. • Nottawasaga Valley Conservation Authority — No objection. The property is partially regulated by the NVCA for floodplain and slope erosion hazards associated with a watercourse (Matheson Creek). Staff note that the creek and associated floodplain hazards will remain on the retained lands. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Schedule 4: Official Plan Schedule 5: Concept Plan Schedule 6: Zoning Conclusion: Based on Planning Staff's analysis of this application it is Staff's recommendation that Consent Application 2021-B-32 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, complies with the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Director Development Services August 27, 2021 Development Services Committee September 1, 2021 Report No. DS2021-139 Page 8 of 15 Page 491 of 618 7.j) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... -nyM`7 30 34 38 42 46 3466 3469 �� 26 28 44 48 -M.—tmr 36 40 P_rocee_Cir. 5058 T 37 41 43 52 3442 Horse ndva�� y 33 35 39 54 67 63 57 56 R34355 �4m.ea r e-ae c 71 61 59 58 3434 69 65 8 60 3424 3431 6 80 68 64 3418 3429 9r Aoa 4 82 72 2106 3419 2210 2 84 70 66 w 3406 2066 22; Horseshoe Valley 2093 3239 3 92 m 3386 3225 3378 33711 33209 2245 3362 k- -I- 3175 335C Q w N 3342 3145 3324 tea 3135 IL3127 3300 a 3276 3015 3238 3035 3232 3015 3196 3015 LLO Schedule 1 ,� Location Township elf ® Subject Lands Proud Heritage,Exciting Future 0 2H m File Number:2021-B-32 h/ 1 t t 1 1 I Development Services Committee September 1, 2021 Report No. DS2021-139 Page 9 of 15 Page 492 of 618 7J) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... v Rd -M°onstongRd. ■ H.— o•Vali Y ■■ �_■ Id•arie-Rd. � ■ �. - � ■ � 111111111111 d 1Ridse ana d SIHP°E � � t..� ' ■ 22 Horseshoe Valley Rd.W. �■ ■ ROAP ■ C d tiAr- � 3 C R r suroe 93 t ■ :F Schedule 2 Aerial Photo rvumship of C3 Subject Lands Proud Heritage,Exciting Future 0 250 m File Number:2021-8-32 ti I t t 1 1 Development Services Committee September 1, 2021 Report No. DS2021-139 Page 10 of 15 Page 493 of 618 7.j) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicant's Consent Sketch n g W LU o t � a M s ga ti Quo c�" gc 8Q h, �Q s ill` � a N M dp i � 4 a a♦ r';ti'; op 7 a a y t i Development Services Committee September 1, 2021 Report No. DS2021-139 Page 11 of 15 Page 494 of 618 7.j) 7.30 p.m. DS2O21-139, Derek Witlib, Manager, Planning Services re: ... 3350 3145 1> 0 1P 'P ol 3346 s 9c� _ Lands to be Severed +0.416 (1-03ac) Lands to be Retained ±13-137 (32.46ac) 3342 Ex. SepCic (approx.) Ex, Dlwa Ili nca Scale 1 : 1,000 Development Services Committee September 1, 2021 Report No. DS2021-139 Page 12 of 15 Page 495 of 618 7.j) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... Schedule 4: Township of Oro-Medonte Official Plan IL egroe s , y eJ {4 c. c Employment Area Living Area . Community Use Area Environmental Protection One Development Services Committee September 1, 2021 Report No. DS2021-139 Page 13 of 15 Page 496 of 618 7.j) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... Schedule 5: Concept Plan 04 44 _ v VJ�n n� a � e 4 � 1 LEGEND Subject Lands Brunelle Lands to be Severed 1=3 Brunelle Lands to be Retained 0 Potential Future Residential Lands Craighurst Secondary Plan Boundary Development Services Committee September 1, 2021 Report No. DS2021-139 Page 14 of 15 Page 497 of 618 7.j) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... Schedule 6: Existing Zoning Ri*YE29 - 1 A/RU*15 Rl o � RU a A/RU-15 A/RU i /RU*1 URA e i Development Services Committee September 1, 2021 Report No. DS2021-139 Page 15 of 15 Page 498 of 618 7J) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Consent 2021-B-32(Brunelle) Date: August 21,2021 9:41:41 AM Kendra Operations has no comment on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 499 of 618 7J) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... From: Saunders,David To: Planning Subject: RE: Notice of Public Hearing for Consent 2021-B-32(Brunelle) Date: August 19,2021 10:39:00 AM Development Engineering has No Objection to the above noted Application. Regards Page 500 of 618 7J) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... From: McCartney,Garry To: Witlib,Derek Cc: Falconi,Teresa;Ceretti,Kendra Subject: RE: Notice of Public Hearing for Consent 2021-B-32(Brunelle) Date: August 24,2021 2:04:28 PM Thank you for the clarification. Building Division has no comments at this time for this application. Garry McCartney Chief Building Official Township of Oro-Medonte Page 501 of 618 7J) 7.30 p.m. DS2021-139, Derek Witlib, Manager, Planning Services re: ... From: Amy Knapp<aknapp@nvca.on.ca> Sent:August 25, 2021 9:42 AM To: Planning<Planning@oro-medonte.ca> Subject: NVCA Committee of Adjustment Comments for September Hearing The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the planning application contained within this email and can offer the following for consideration: Consent - 2021-B-32 - Address not assigned Nottawasaga Valley Conservation Authority [NVCA] staff is in receipt of a consent application to create a new residential lot. The property is partially regulated by the NVCA for floodplain and slope erosion hazards associated with a watercourse (Matheson Creek). Staff note that the creek and associated floodplain hazards will remain on the retained lands. The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the proposed consent and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to its approval. Thank you for circulating this application and please forward a copy of any decision and notice of any appeals filed for the above reference application. Sincerely, Amy Knapp I Planner III Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1TO T 705-424-1479 ext.233 I F 705-424-2115 aknapp@nvca.on.ca I nvca.on.ca I am currently working remotely as the Nottawasaga Valley Conservation Authority is taking preventative measures to limit the spread of COVID-19. You may experience some delays or disruptions as we follow recommendations of health professionals to slow the virus from spreading. This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. Page 502 of 618 7 J) 7.30 p.m. DS2021-139$4We6e f lIUM2Maigage �rgliW i6oe-sttr� ... 7j) Additional correspondence received .. County of Simcoe Main Line(705)726 9300 COUNTY OF _ Transportation and Toll Free 1 866 893 9300 IMCOF Engineering TRANSPORTATION AND ��_ 1110 Highway 26, Fax(705)727 7984 ENGINEERING �� Midhurst, Ontario L9X 1 N6 Web: simcoe.ca Andy Karaiskakis August 25, 2021 Secretary-Treasurer, Committee of Adjustment Township of Oro-Medonte 148 Line 7, Box 100, Oro, ON LOL 2EO *via: e-mail* Dear Mr. Karaiskakis, RE: Consent Application No 2021-B-32 Part Lot 40, Concession 1 (Vespra), Township of Oro-Medonte, West side of Penetanguishene Road (County Road 93), County of Simcoe. Thank you for circulating the above-noted application to the County of Simcoe for review. This property is located within the settlement boundaries of the Town of Craighurst. The County of Simcoe has no objection to the approval of the application, provided the following condition is included: 1) The County of Simcoe Entrance By-law No. 5544 regulates the construction, alteration or change in the use of any private or public entranceway, gate or other structure or facility that permits access to a County road. The County has no record of an Entrance Permit for this property. The applicant must apply for an Entrance Permit for the retained and severed parcel. Prior to stamping of the deed by the Township of Oro-Medonte, the applicant shall obtain written clearance from the County for the above-noted condition. The County of Simcoe Setback By-law No. 5604 regulates the location of buildings and other structures on lands adjacent to County Roads. Any new buildings and other structures must be located 15 metres from the road allowance. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact me at the phone number below. Sincerely, ,fir Zoran Nedelkovski Engineering Technician (705) 726-9300 Ext.1222 C.C. Julie Scruton, County of Simcoe https://simcoecounty.sharepoint.com/sites/PLNDepartment/Shared Documents/General/D-Development&Planning D/D07 to D14 Development Correspondence/Oro-Medonte/D10 Severance&D13 Variances/2019/OM-B-21015 3344 Penetanguishene Road/T&E Comments Aug 24,21.doc Page 503 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-140 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # September 1, 2021 Consent Applications 2021-B-33 & 2021-B-34 by Roll #: Skyline Horseshoe Valley Inc. R.M.S. File #: 4346-020-010-00400 1102 Horseshoe Valley Rd. W. D10 59861 Part of Lots 1 & 2, Con. 3 D10 59862 (Medonte) Township of Oro-Medonte Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-140 be received and adopted. 2. That Consent Application 2021-B-33 for a technical severance to sever a lot possessing an area of approximately 19.67 hectares (48.6 acres) and described as Parts 2, 8, 9, 15, 16, 18, 19, 20, 23, 24, 25, 26, 27, 28, 29, 35, 36, 37, 38, 39, 40, 42, 43, 44 & 45 on Reference Plan 51 R-32830, existing open space uses and future development use, be approved subject to the conditions outlined in Report DS2021-140; 3. The conditions for Consent Application 2021-B-33 areas follows: a. That the applicant signs the Township's Memorandum of Understanding (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; b. That the applicant pay to the Municipality a fee of $2000 as a parkland contribution for each lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; c. That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; Development Services September 1, 2021 Report No. DS2021-140 Page 1 of 12 Page 504 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re- 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 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, g. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above- noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Consent Application 2021-B-34 for an easement for access purposes over lands described as Parts 10, 11, 12, 13, 21, 31, 32 & 51 on Reference Plan 51 R- 32830 in favour of lands located in Part of Lots 1 & 2, Con. 3 (Medonte), Township of Oro-Medonte, to facilitate existing access uses and future development, be approved subject to the conditions outlined in Report DS2021- 140; 5. The conditions for Consent Application 2021-B-34 are as follows: a. That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; b. That the applicant's solicitor prepare and submit a copy of the proposed transfer for the easement, for review by the Municipality; c. That all municipal taxes be paid to the Township of Oro-Medonte; d. That subsection 50 (3) or (5) of the Act shall apply to any subsequent conveyance of or transaction involving the same parcel, and the Certificate of Consent be issued utilizing Form 4, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, e. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above- noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 6. And that the applicant be advised of the Committee's decision under the Secretary- Treasurer's signature. Development Services September 1, 2021 Report No. DS2021-140 Page 2 of 12 Page 505 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... Background: The applicant has submitted the following two consent applications: 1. Consent Application 2021-13-33 for a technical severance to re-create a parcel that has recently inadvertently merged in title with abutting lands; and 2. Consent Application 2021-13-34 for an easement for the purposes of access. The details of the proposed consent (technical severance) and easement are detailed below: 2021-B-33 Lands to be Severed: Lands to be Retained: (Parts 2, 8, 9, 15, 16, 18, 19, 20, 23, 24, 25, 26, 27, 28, 29, 35, 36, 37, 38, 39, 40, 42, 43, 44 & 45 on Reference Plan 51 R-32830) Frontage: Irregular Irregular Depth: Irregular Irregular Area: Approximately 19.67 ha Approximately 35.17 ha 48.6 ac. 86.9 ac. Use: Open Space / Future Recreational (golf course) Development 2021-B-34 Easement (Parts 10, 11 , 12, 13, 21, 31 , 32 & 51 on Plan 51 R-32830) to provide access to the severed Lands Width: 155 m (508.5 ft.) Depth: 100 m 328.0 ft. Area: 0.68 ha (1.68 ac) Use: Access/Driveway to Severed Lands A Location Map is included as Schedule 1 to this report, an Aerial Photo is included as Schedule 2 and severance sketches are included as Schedule 3. The lands proposed to be severed were recently an existing parcel and have frontage on a private road known as High Vista Drive. The proposed severed lands are zoned for future development but are currently vacant of buildings/structures and are at this time used for open space purposes. The lands proposed to be retained contain an existing golf course. Development Services September 1, 2021 Report No. DS2021-140 Page 3 of 12 Page 506 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... The applicant has also proposed an easement over a portion of the existing private road (High Vista Drive) for access to the severed lands. Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1.1.3.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Furthermore, Section 1.1.3.4 states: "appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form" (p. 9). The subject lands are located within the Horseshoe Valley Rural Settlement Area and it is Planning Staff's opinion that these applications are consistent with the policies of the Provincial Policy Statement, as the purpose and intent of the applications is to support existing uses and facilitate uses that are permitted within the settlement area. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The subject application has been reviewed by planning staff with respect to the Places to Grow policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification ... [and] 1) directing development to settlement areas ...... The subject lands are located within the Horseshoe Valley Rural Settlement Area and it is Planning Staff's opinion that these applications conform to the Growth Plan, as the purpose and intent of the applications is to support existing uses and facilitate uses that are permitted within the settlement area. County of Simcoe Official Plan The subject lands are in the County Official Plan's "Settlements" designation, the objectives of which include: Development Services September 1, 2021 Report No. DS2021-140 Page 4 of 12 Page 507 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... • That settlement areas be the focus of population and employment growth, for residential, commercial, industrial, institutional and recreational land uses; • To develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation and other services; • To develop mixed use settlements as strong and vibrant central places; and • To promote development forms and patterns which minimize land consumption and servicing costs. It is the opinion of Development Services Staff that these applications support existing uses and would facilitate future development that conforms to the County Official Plan. Township of Oro-Medonte Official Plan The subject lands are located within the Horseshoe Valley Settlement Area. The lands to be severed are designated Horseshoe Valley Village according to Schedule `D' to the Township's Official Plan and the lands to be retained and the proposed easement lands are designated Horseshoe Valley Recreational according to Schedule `D' to the Township's Official Plan. Section C14.3.3.1 of the Official Plan states that the principal use of land in the Horseshoe Valley Village designation shall be a variety of non-residential uses such as commercial and service uses, but also permits medium density housing such as townhouses, apartments and multiple dwellings. Section C.14.3.7 of the Official Plan states that the Horseshoe Valley Recreational designation is intended for recreational activities associated with Horseshoe Valley Resort. In the opinion of Planning Staff, these applications conform to the Official Plan, as the purpose and intent of the applications is to support existing uses and facilitate uses that are permitted within Horseshoe Valley, and to address technical matters pertaining to access and the inadvertent merger of lands. The following policies of the Official Plan are also directly relevant to this application and are assessed below: Section D2.2.1 — Subdivision of Land policies Section D2.2.1 of the Official Plan contains the tests for the creation of a new lot by way of Consent. In particular, this section states "... the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a) Fronts on and will be directly accessed by a public road that is maintained year round basis.- Conforms- The applications do not propose to create any new lots on a private road. Rather, the applications would correct the recent inadvertent merger of and existing parcel that has frontage on a private road maintained year-round and to legalize the Development Services September 1, 2021 Report No. DS2021-140 Page 5 of 12 Page 508 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... historic access over the private road by way of the proposed easement. Based on the above, the applications meet this policy. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; c) Will not cause a traffic hazard; Conforms: The entrance to the private road known as High Vista Drive is on Horseshoe Valley Road, which is a County Road. Although County comments in regard to this application have not been received as of the preparation of this report, it is the opinion of Planning staff that these applications are largely a technical matter and the County is unlikely to have any comments or concerns. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Conforms: The subject lands are zoned Future Development 67 (FD*67) and Private Recreational (PR) Zone by Zoning By-law 97-95. The parcel sizes exceed the minimum requirements of the Zoning By-law and the private road frontage is recognized by Sections 5.17.1 and 5.11 of the Zoning By-law. The parcels and their uses would comply with the Zoning By-law and would be compatible with adjacent uses. e) Can be serviced with an appropriate water supply and means of sewage disposal; f) Will not have a negative impact on the drainage patterns in the area,- Conforms- Development in the area is presently serviced by private communal water and wastewater services. These applications would not create any new demands on the existing services or have any impacts on drainage patterns. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- Planning Staff does not anticipate that the retained lands will be restricted by the proposed applications. h) Will not have a negative impact on the features and functions of any ecological feature in the area; i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- There is no development proposed by these applications at this time that would have any potential impact on features present on the subject lands. Any future development would trigger additional planning applications and potential impacts would be assessed at that time. Development Services September 1, 2021 Report No. DS2021-140 Page 6 of 12 Page 509 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... Township's Zoning By-law 97-95, as amended The subject lands are zoned Future Development 67 (FD*67) and Private Recreational (PR) Zone by Zoning By-law 97-95. The parcel sizes exceed the minimum requirements of the Zoning By-law and the private road frontage is recognized by Sections 5.17.1 and 5.11 of the Zoning By-law. The parcels and their uses comply with the permitted uses of the Zoning By-law. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) 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: 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 was circulated to the public and to applicable review agencies and Township departments. Public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering — no objection. • Building Division — no comments. • Nottawasaga Valley Conservation Authority (NVCA) — no objection. Development Services September 1, 2021 Report No. DS2021-140 Page 7 of 12 Page 510 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Consent Sketches Conclusion: Planning Staff recommends that Consent Application 2021-B-33 for a technical severance and Consent Application 2021-B-34 for an easement, be approved, subject to the recommended conditions of consent, for the reasons that the applications are consistent with the Provincial Policy Statement 2020, conform to the policies of the Growth Plan 2020, conform to the Official Plans for the County and the Township, comply with the provisions of the Zoning By-law, meet Section 53(24) of the Planning Act, and represent good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Director Development Services August 27, 2021 Development Services September 1, 2021 Report No. DS2021-140 Page 8 of 12 Page 511 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... eyRtl d —Moanstun Rtl - '�•Va�1¢Y M. -Id•d I RA. C kidg� 1102 1102 42 23 41 1106 -30 27 y 21 2118 g69 b 16 e 4 2I� L yi/. fi 1 15 17 5 �14 9 a 81 7 1 8 1 12 1 C 5io 65 6 3 3 od 3 4 8 Jm 1 r2 1 2 0 2 4 6 7 Horseshoe Valley_Rd.W. 22 0 �� _ y 1101 12 p°Ip118 22 24 2 .' 1 y�Birch Grove-Dr. 4 C) 3 5 6 Jo 8�\ 7 33800 30 10 C 9 29 32 11 31 14 13 33 18 15 122 A 35 3800 1101 9 11 5 7 3 3303 3 6 Schedule 1 � Location Township of Subject Lands Proud Heritage,Exciting Future 0 400 m File Number:2021-B-33/34 ti I I I I Development Services September 1, 2021 Report No. DS2021-140 Page 9 of 12 Page 512 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... �Rd.T -Moons oapPd.—A, T III t-VaIIaIV I -Id-a i-Rd. _ C �'RidsR Road ,.. �r Fm r Horseshoe Valley Rtl.W. r �:�I a `"..BirchtGrove Droom . �`�� JI w Schedule 2 Aerial Photo T'uwrtship of Subject Lands Proud Heritage,Exciting Fume 0 400 m File Number:2021-B-33;34 4, Development Services September 1, 2021 Report No. DS2021-140 Page 10 of 12 Page 513 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Consent Sketches t A 5 F NA1 A' !aI y WF$T HALF lOF ? A T 8 a - �oN crssfaN i- , � _;� � eoNCFssf N r i i WIf II �: / EAST w� [°A Fi i 1 IIAI al 1 '!P* W■ aEOGAA Pffit TO A•ArSNIP aF AiF8aN 7F wrli,'g � PMri M 1+ E Y as PMr[{ • A Il{y9 " 5: �4 ? P I:A N S f P-2 6 F 5 0 4 , EssION s - - Y. l i_ .__ _ ____ s-� _ i yF __-______� f MRTl r iMY 9a I wu, PMI N 3'f'S 1 � I y . , f f f [I.ia,p a[dw. -a• .ram � ��hRf ►,sr,Tt __ ____._ Irn,lmm man N,W['4l uHOfFg5M7C uNAEr nae6 fear, vl ��___ 777, caNCEss.arr Lands to be Severed as per Application 2021-B-33 shown in RED. • Easement as per Application 2021-B-34 shown in BLUE. Development Services September 1, 2021 Report No. DS2021-140 Page 11 of 12 Page 514 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... • �� X7, r red La yr Lands to be Severed as per Application 2021-B-33 shown in RED. Lands to be Retained as per Application 2021-B-33 shown in GREEN. Development Services September 1, 2021 Report No. DS2021-140 Page 12 of 12 Page 515 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... From: McCartney,Garry To: Planning Cc: Wilson,Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Consents 2021-13-33&2021-13-34(Skyline Horseshoe Valley Inc.) Date: August 21,2021 8:44:05 AM Attachments: 202109 01-Consent Notice of Hearing(2021-13-33&2021-13-34)Skyline.pdf The Building Division has no comments at this time. Thank you, Page 516 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... From: Saunders,David To: Ceretti,Kendra Subject: RE: Notice of Public Hearing for Consents 2021-13-33&2021-13-34(Skyline Horseshoe Valley Inc.) Date: August 19,2021 10:46:15 AM Development Engineering has No Objection to the above noted Applications. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 517 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... From:Amy Knapp<aknapp@nvca.on.ca> Sent:August 25, 2021 9:42 AM To: Planning<Planning@oro-medonte.ca> Subject: NVCA Committee of Adjustment Comments for September Hearing The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the planning applications contained within this email and can offer the following for consideration: Consents — 2021-B-33 and 2021-B-34 - 1102 Horseshoe Valley Road West Nottawasaga Valley Conservation Authority [NVCA] staff is in receipt of two consent applications to facilitate the creation of a new lot and easements for access purposes.. The property falls partially within an area affected by Ontario Regulation 172/06 (the Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation) where a permit is required from the NVCA under the Conservation Authorities Act prior to development. The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the proposed consents and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to the approval of the applications. Thank you for circulating these applications and please forward a copy of any decision and notice of any appeals filed for the above reference applications. Sincerely, Amy Knapp I Planner III Nottawasaga Valley Conservation Authority 8195 Bch Line, Utopia, ON LOM 1TO T 705-424-1479 ext.233 I F 705-424-2115 aknapp@nvca.on.ca I nvca.on.ca I am currently working remotely as the Nottawasaga Valley Conservation Authority is taking preventative measures to limit the spread of COVID-19. You may experience some delays or disruptions as we follow recommendations of health professionals to slow the virus from spreading. This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. Page 518 of 618 7.k) 7.40 p.m. DS2021-140, [ p tli 1nF� o�hfi roil �✓ rt tee. 7k Additional correspondence received From: Metras,Justin To: Ceretti.Kendra Subject: RE: Notice of Public Hearing for Consents 2021-13-33&2021-13-34(Skyline Horseshoe Valley Inc.) Date: August 30,2021 8:31:49 AM Kendra Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 519 of 618 7.k) 7:40 p.m. DS2021-140, peb plenvsev�omi 5etmr" , bm smee, 7k Additional correspondence received From: Olga Gerain To: Plannina Subject: 2021-B-33 and 2021-B-34 Date: August 31,2021 9:24:00 AM RE: Application 2021-B-33 and 2021-B-34 To whom it may concern: We are the owners of the property on 12 Maplecrest Court, Horseshoe Valley. It sits at the crossing of Maplecrest Court and the Valley Golf Course. We strongly object any easement arrangement and a potential construction on the Valley Golf Course grounds in the proximity to the Copeland Forest. For many decades the area which is adjacent to Copeland Forest has been enjoyed by the Horseshoe Valley residents and visitors as a golf course, forest trails area and a wonderful cross country ski club. Now this area is losing its cottage country face and becoming just another urban development. The area along Maplecrest Court is prone to floods. There is a creek which becomes a small river when it heavily rains.The creek collects rainwater from the surrounding hills around Tee 7 of the Valley Golf Course. For many years we've been maintaining the system of water channels in order to keep our property from flooding.The balance is very fragile. With a new potential construction in the area and amendments to the rainwater collecting channels our property can be easily flooded. Please help us stop destroying the nature, stop trees cutting and eroding the natural beauty of the Horseshoe Valley and Copeland Forest! Sincerely, Olga and Lorne Gergin 12 Maplecrest Court Page 520 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... c cc O .� Cn \;E U) E ^, O 17 C//� • M c0 O � _ U m > o `~ 4-0O � O 4-0 NLU N 4-0 06 o > 10� M = O a aCu > U O O O (6 04 o O }' (C) •� N : i a)J 0 L � 0 0 Q NILL O = = CEO Page 521 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... c m O w }� Y `v U o t U C O 0- 0 70 c � � A O O 70 O 00 CO L � M O Ceq ? ///// �✓ �--+ ' -0 N N M UO V, O L L T O U) C E d C O J o c fn _C CO Q L N O Q LO � • c> > � 03 � O N C CO M 06 06 CO (n O C) N — O . , C) M CO E E L O m � � oQq .> C) a-, N � N mo o = N t�o CO n /� />�� VJ W GJ L L U � Ci Cy) C) O L L > CM M � U) ° o c m O N m U_ U J o N � Q PL.- C) N > U) N � 0 N }o, O NCL 4- Ax �a W Q L 0 a W Q - 0 LL o Q CO C C CM u) F- .m- I c }' m U 4 N N 0- aM C) O N r L � U � N N a CM N Page 522 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... 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Page 526 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... AAA �\ � w All N c6 N 4 r` O t V) IGOa F , N � . CD M Na`"+ f • i � � �fi� 06 CM CM I m N O N Page 527 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... rt n W W y M 7 W 06 IGO N }: M M - , Y 4 7 y .i O 4, Page 528 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... I AA -17 Cu 1 O • � CM Cu m06 U I ' M � m � O N � Page 529 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... ai MIMI- x W ' rO V/ V/ O �+ :d �y I W CM m N O N 06 M .:w m I N N 4 Page 530 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... N a Cu — U o a) (D � C � a) L O O 1 C a C a) � CL ' 4- C: N (i6 U) (D *' C ECL 0 CO E Cu Cu }. m a M L O > (a � C C c l) a) a) TO a) c�' 1 0 0 � V � C) (u 0 � L } L 0 o � N DoC CrU -r N Z) o0 Ca Ne0oi a }, a—C a) � a) r (u a) a (� L-0 LO O? 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N ' " •0 [lS O @ M 0 :T-- (ll C ) "' M M 0 w 0 C o C Q W 0 � � -0 Q 0- ' 0 +' +� 0 EL Q N Q N p 0 _ � 0 -aU N LL N N 0 L 0UQ 0U -C (Z • • � W 0 (� N .C 0 0 � 0 Z N V -W C 4- M (� C N ,0 4- CIO per/ c� O -0 V 0 � O � � w N MWU0CL CC0O a -C 0 o E () � 0 > 0 E Z3 N r M a — � 0 L a� N M }` m M � N +� 'i= N 0 N '0 Q N 0 0Lo � r N -a (v N Page 532 of 618 7.k) 7.40 p.m. DS2021-140, Derek Witlib, Manager, Planning Services re: ... Cu Q (Q D) O N Z3 a) •N E E fa 0CL V O E C (C Q N U Cr Q a) N Q) �_ c ++ C a) O Nam' a) C c N N a) � -0 Z3w 0 -0 Ot W a) E >, O ' dN Q Cu Cu t 'O N C (n V J a) E O lB " M U j O >. Cu = O V Q.� 0 0 L O a) -« O O U (6 •U O �, QC E -0 c O ++ M W (n 0 0 -0 2 0 O M a) U , Z a) t) Od O � 0 �' -C 0 -C a) c�it � a �,� � � � Q-9 (D -40 ,0 � Q .> � O uwi O ,z O w N .v �► Q � ° ofccL� aa) o0a -0 -0 a) a) Z3v 0 O E O0) `�6 r m Q � N O fII y , CD +. a) C W W 3' 0 a) - O)! ( C 'M N ++ N (D V -0 i t5 C (f) -0) a) LL N w L O N O (B N D (v > -O N IC UQ L +, O •� Z V (II -a OOC OW (4 — U) ZQ— ' Rt) i U -C CN O a COO� O- C O LU ) .0 oN - (nO 0 (n p UO OOQ a) D C O C D O ^ +M 0 .� M W O a) O " a) C . . P- -0 HH v00 cBr-- CLL' C M 0 O (3 -6 6 -6 ai O Q CM •- Q � � Q C . . N E M O CD 00 =' N O r G� Np O DC N U Page 533 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2021-142 Committee Andria Leigh, Director Development Services Meeting Date: Subject: Motion # September 1, 2021 Consent Applications 2021-B-35 to 2021-B-37 Roll #: by 2848284 Ontario Inc. R.M.S. File #: 4346-030-012-26220 50 Jamieson Drive D10-59856, D10-59857, D10-59858 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-142 be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2021-B-35 by 2848284 Ontario Inc. to permit the creation of a new industrial lot having a lot frontage of 45.8 metres (150 feet), a lot depth of 88 metres (288 feet) and an area of 0.4 hectares (0.98 acres) subject to the conditions as outlined in Report No. DS2021-142. 3. The conditions for Application 2021-B-35 are as follows: a) That the applicant signs the Township's Memorandum of Understanding (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; b) That the applicant pay to the Municipality a fee of $500.00 as a parkland contribution for each industrial lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; c) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a daylighting triangle at the corner of Forest Plain Road and Jamieson Drive within Proposed Lot 1 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 for review by the Township, together with his/her opinion letter stating that Development Services September 1, 2021 Report No. DS2021-142 Page 1 of 13 Page 534 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... 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 Jamieson Drive 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. d) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; and, f) That all municipal taxes be paid to the Township of Oro-Medonte. 4. That the Development Services Committee grant provisional consent to Application 2021-B-36 by 2848284 Ontario Inc. to permit the creation of a new industrial lot having a lot frontage of 69 metres (226 feet), a lot depth of 135 metres (443 feet) and an area of 0.47 hectares (1.16 acres) subject to the conditions as outlined in Report No. DS2021-142. 5. The conditions for Application 2021-B-36 are as follows: a) That the applicant signs the Township's Memorandum of Understanding (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; b) That the applicant obtain approval of Consent Application 2021-B-35 for the purpose of a new lot creation; c) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a daylighting triangle at the corner of Forest Plain Road and Jamieson Drive within Proposed Lot 1 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 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 Jamieson Drive 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, Development Services September 1, 2021 Report No. DS2021-142 Page 2 of 13 Page 535 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. d) That the applicant pay to the Municipality a fee of $500.00 as a parkland contribution for each industrial lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; and, g) That all municipal taxes be paid to the Township of Oro-Medonte. 6. That the Development Services Committee grant provisional consent to Application 2021-B-37 by 2848284 Ontario Inc. to permit the creation of a new industrial lot having a lot frontage of 40 metres (131 feet), a lot depth of 109 metres (357 feet) and an area of 0.47 hectares (1.16 acres) subject to the conditions as outlined in Report No. DS2021-142. 7. The conditions for Application 2021-B-37 are as follows: a) That the applicant signs the Township's Memorandum of Understanding (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; b) That the applicant obtain approval of Consent Applications 2021-B-35 and 2021-B-36 for the purposes of a new lot creation; c) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a daylighting triangle at the corner of Forest Plain Road and Jamieson Drive within Proposed Lot 1 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 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 Jamieson Drive 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. d) That the applicant pay to the Municipality a fee of $500.00 as a parkland contribution for each industrial lot to be created as cash-in-lieu of a parkland Development Services September 1, 2021 Report No. DS2021-142 Page 3 of 13 Page 536 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; and, g) That all municipal taxes be paid to the Township of Oro-Medonte. 8. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands subject to Consent Applications 2021-B-35 to 2021-B-37 are located in the Forest Home Industrial Park located on the east side of Line 15 South, and south of Highway 11 (refer to Schedules 1 and 2). The applicant has applied for the following Consent Applications to facilitate the creation of three (3) new industrial lots as follows: Consent Application 2021-13-35 (Lot 1) Lands to be Severed: Lands to be Retained: Frontage: Approx. 45.8 metres (150 ft.) Approx. 109 metres (357 ft.) Depth: Approx. 88 metres 288 ft. Approx. 105 metres 344 ft. Area: Approx. 0.4 ha (0.98 ac.) Approximately 1.5 ha (3.7 ac.) Use: Future Industrial Future Industrial Consent Application 2021-13-36 (Lot 2) Lands to be Severed: Lands to be Retained: Frontage: Approx. 69 metres (226 ft.) Approx. 40 metres (131 ft.) Depth: Approx. 135 metres (443 ft.) Approx. 105 metres (344 ft.) Area: Approx. 0.47 ha (1.16 ac.) Approx. 0.8 ha (1.97 ac.) Use: Future Industrial Future Industrial Consent Application 2021-13-37 (Lot 3) Lands to be Severed: Lands to be Retained: Frontage: Approx. 40 metres (131 ft.) Approx. 45.8 metres (150 ft.) Depth: Approx. 109 metres (357 ft.) Approx. 87 metres (285 ft.) Area: Approx. 0.47 ha (1.16 ac.) Approx. 0.4 ha (0.98 ac.) Use: Future Industrial Future Industrial Development Services September 1, 2021 Report No. DS2021-142 Page 4 of 13 Page 537 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... The sketches reflecting the above noted applications are shown on Schedule 3. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement (2020) (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Planning Staff have reviewed the subject Consent Applications with respect to the intent of the PPS. Specifically, the policies pertaining to Employment, Employment Areas were reviewed. Section 1 .3.2.1 of the PPS states that, "planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs." The subject lands are located in an established industrial employment area which is intended to be the focus of industrial employment opportunities and to maximize the use of existing infrastructure. In Planning Staff's opinion, the proposed land use (industrial) and the proposed lot sizes and dimensions are consistent with the range of lot sizes already existing within this industrial employment area, are capable of being privately serviced for sewage and water (existing developed lots in the Forest Home Industrial Park are serviced in this manner) and the development can be accommodated by the existing local road network. Therefore, Planning Staff are of the opinion that the applications are consistent with the PPS. A Place to Grow — Growth Plan for the Greater Golden Horseshoe The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The subject applications have been reviewed by Planning Staff with respect to the Growth Plan policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification". The Growth Plan contains specific policies pertaining to preserving, protecting employment areas. Section 2.2.5 states that economic development and competitiveness will be promoted by: a) making more efficient use of existing employment areas and vacant and underutilized employment lands are increasing employment densities; b) ensuring the availability of sufficient land, in appropriate locations, for a variety of employment to accommodate forecasted employment growth to the horizon of this Plan; c) planning to better connect areas with high employment densities to transit; and, d) integrating and aligning land use planning and economic development goals and strategies to retain and attract investment and employment. Development Services September 1, 2021 Report No. DS2021-142 Page 5 of 13 Page 538 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... Since the proposed applications pertain to industrial lots within an employment area, the proposed development is considered to maintain the general intent of the Province's Growth Plan. County of Simcoe Official Plan The subject lands are designated Rural in the County of Simcoe's Official Plan. The Rural designation permits rural industrial uses subject to the criteria outlined in 3.7.5 of the County's Official Plan. The Rural designation is silent in respect to new lot creation for industrial uses and therefore, Staff refer to the General Development Policies. Specifically, Section 3.3.2 states that, "subdivision of land by plan of subdivision or consent, or plans of condominium, are permitted only for the land uses permitted in the designation or that maintain the intent of the Plan's objectives and policies." Further, Section 3.3.7 discourages lot creation in close proximity to settlement area boundaries; however, the policy then states that where a rural employment area exists, the Rural policies shall apply. In this regard, the Rural policies are silent in respect to Rural Employment Area industrial lot creations. Therefore, on the basis that these lands are designated Industrial in the Township's Official Plan and zoned Economic Development in the Township's Zoning By-law, and both permit Industrial Uses, it is the opinion of Planning Staff that the applications generally conform to the County of Simcoe's Official Plan. As of the preparation of this report, Development Services Staff has not received comments from the County. The members of the Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject property is designated Industrial in the Township's Official Plan (refer to Schedule 5). Section C8 of the Official Plan contains the policies for the Industrial Designation; more particularly Section C8.4 outlines the policies pertaining to the form of development within the Industrial Designation. Specifically, the Official Plan policies states: "It is intended that development within the Industrial designation will occur by way of Plan of Subdivision/Condominium to ensure that servicing and access for the whole parcel can be dealt with before development occurs.... new lots for industrial use can be created by consent or by other means in a Registered Plan/Condominium that existed on the date that this plan was adopted by Council if issues relating to servicing and access have already been dealt with when the parcel was originally development and/or approved for development." The subject property is located within a registered plan of subdivision that was in existence when the Township of oro-Medonte Official Plan was adopted in 1997 and therefore consent applications as being proposed can be considered consistent with this policy. The applicant is proposing to develop the lots shown on Schedule 3. The lots are proposed to be serviced by private septic systems and private wells and are all anticipated to have access from Jamieson Drive. Therefore, Staff is of the opinion that the Consent Applications meet the policies outlined above and shall be considered Development Services September 1, 2021 Report No. DS2021-142 Page 6 of 13 Page 539 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... under Section D2.2 New Lots by Consent, General Development Policies of the Official Plan. The following comments below address the criteria outlined in Section D2.2.1: a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis: Planning Staff comment: Conforms. The severed parcels would front onto Jamieson Drive, Proposed Lot 1 would have frontage on both Forest Plain Road and Jamieson Drive, and the retained parcel would front onto Forest Plain Road, both of which are maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Planning Staff comment: Conforms. The subject lands do not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Planning Staff comment: Conforms. No traffic concerns have been identified by Operations Staff. The applicant will be required to obtain entrance permits for the severed and retained lands. Additionally, the Operations staff have indicated the requirement for a 10m by 10m daylighting triangle at the intersection of Jamieson Drive and Forest Plain Road which has been reflected in the required conditions for conveyance. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Planning Staff comment: Conforms. The proposed lots would comply with the Zoning By-law minimum requirements for lot size and frontage. The proposed industrial uses are permitted within the Economic Development (ED) Zone and would be compatible with the adjacent industrial uses within the Forest Home Industrial Park. e) Can be serviced with an appropriate water supply and means of sewage disposal; Planning Staff comment: Conforms. Any future buildings on the subject lands would be serviced by private individual on-site services (well and septic system), the lands meet lot size requirements and are considered adequately sized for private servicing, and Building Staff have not advised of any concerns in this regard. f) Will not have a negative impact on the drainage patterns in the area; Planning Staff comment: Conforms. The severed and retained lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will Development Services September 1, 2021 Report No. DS2021-142 Page 7 of 13 Page 540 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... not be negatively impacted. Site Plan Approval will be required to facilitate any development on these lands which would ensure proper grading, storm drainage and maintenance in regard to surface water. This will be reviewed by the Township's Manager of Development Engineering at the time of submission. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Planning Staff comment: Conforms. The Consent applications are not proposing any changes to the existing and permitted industrial uses on the severed and retained lands. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area; Planning Staff comment: Conforms. As previously noted, the subject properties are zoned Economic Development (ED) and contain no natural heritage features. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Planning Staff comment: Conforms. The applicant will be required to obtain Site Plan Approval to meet all requirements for septic system installation and private water supply. No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Planning Staff comments: Conforms. The Consent applications have been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the applications conform, the lots may be created through Consent, and a Plan of Subdivision is not required. On the basis of the analysis of the applications in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the applications conform to the policies of the Township's Official Plan. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are zoned `Economic Development (ED)' in the Township's Zoning By-law 97-95, as amended. The severed and retained parcels would comply with the Zoning By-law. Development Services September 1, 2021 Report No. DS2021-142 Page 8 of 13 Page 541 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 • County of Simcoe Official Plan • Oro-Medonte Official Plan • 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 various review agencies and Township departments. Public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering — no objection to the applications. • Operation & Community Services — Operations will require a 10mx10m daylight triangle at Jamieson and Forest Plain. • Enbridge Gas Inc. - no objection to the proposed application however, we reserve the right to amend our development conditions. It is the responsibility of the applicant to verify the existing gas servicing does not encroach on more than one property when subdividing or severing an existing land parcel. • LSRCA - LSRCA is satisfied from a watershed management perspective that this application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. On this basis, the LSRCA has only the below requirements as they relate to these consent applications: The Applicant has not yet provided the required development fees to the LSRCA in accordance with the approved Fees Policy under the Development Services September 1, 2021 Report No. DS2021-142 Page 9 of 13 Page 542 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... Conservation Authorities Act. Please note that the amount for a consent application is $525.00. Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Applicant's Consent Sketch Conclusion: Based on Planning Staff's analysis of these applications, it is recommended that Consent Applications 2021-B-35, 2021-B-36 and 2021-B-37 be approved, specifically to permit the creation of three (3) new industrial lots on lands municipally known as 50 Jamieson Drive, as the Consent applications meet Section 51(24) of the Planning Act and the applications conform and are consistent with applicable Provincial, County and Township land use policies and represent good planning. Respectfully submitted: Andria Leigh, RPP Director, Development Services Approvals: Date: Development Services September 1, 2021 Report No. DS2021-142 Page 10 of 13 Page 543 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... I 147 r—y-M7 84 83 19 25 29 �I Il 179 noe'.eoa�.Ra. 78 75 135 67 73 1 115 57 Hor ie3h! Yalk Y1R 61 57 107 144 165 53 Z 9 F 9 �A;dye a j°.� 129 m 87 -J �a 117 .4' 75 �Q+ 103 53 5514 Q 81 43 i 80 69 18 50 61 66 jarnieson Dr. 41 47 53 39 53 Y9, dl 68 71 28 21 C J 72 18 56 15 146 Paterson Rd. 94 11 5 27 47 59 73 L388 131 Schedule 1 Location Township of 7 Subject Lands Proud Heritage,Exritins Future 0 200 M File Number:2021-6-35,'36I37 N I 1 1 1 1 Development Services September 1, 2021 Report No. DS2021-142 Page 11 of 13 Page 544 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... rII 11 Rd, .rnd9hsm.-Rd. V _. rli Hors •o+V.9Iry Rd. XT g III Rid w.A atl J -� { f MAD -6 AL- a • �r R� lamleson r I� ! II Schedule 2 Aerial Photo Tot/n5hi o-- Subject Lands - f Proud Heritage,Exciting Future 0 60 m File Number:2021-B-35136137 A I I I Development Services September 1, 2021 Report No. DS2021-142 Page 12 of 13 Page 545 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... Schedule 3: Applicant's Consent Sketch LOT 14, CONCESSION 2 Proposed Severance 56 Jamieson Drive -— - Township of Oro-Medonte Retained Lot severed Lot 1 0.4ha 0.4ha Severed Lot 2 Iy 0.iha I _ Severed Lot 3 �. 0.4ha i _u�ezy.X21 Development Services September 1, 2021 Report No. DS2021-142 Page 13 of 13 Page 546 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Consent 2021-B-35,36&37(2848284 Ontario Inc.) Date: August 21,2021 10:08:14 AM Kendra Operations will require a 1Ox10 daylight triangle at Jamieson and Forest Plain. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 547 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... From: Municipal Planning<MunicipalPlanning@enbridge.com> Sent: August 17, 2021 1:15 PM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing for Consent 2021-13-35, 36 &37 (2848284 Ontario Inc.) Thank you for your circulation. Enbridge Gas Inc. does not object to the proposed application however, we reserve the right to amend our development conditions. It is the responsibility of the applicant to verify the existing gas servicing does not encroach on more than one property when subdividing or severing an existing land parcel. For more details contact SalesArea50@Enbridge.com. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning@Enbridge.com. Regards, Alice Coleman Municipal Planning Analyst Long Range Distribution Planning ENBRIDGE TEL:416-495-5386 1 MunicipalPlanning@Enbridge.com 500 Consumers Road, North York, Ontario M2J 1138 Page 548 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: August 17, 2021 1:26 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing for Consent 2021-13-35, 36 &37 (2848284 Ontario Inc.) Development Engineering has No Objection to the above noted Applications. Regards Page 549 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Development Services ... Lake Simcoe Region conservation authority www.LSRCA.on.ea August 24th, 2021 File No: 2021-13-35, 2021-13-36 & 2021-B 37 IMS File No.: CO-245520- Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Sent by E-mail to: planning@oro-medonte.ca Dear Mr. Karaiskakis: Re: Proposed Applications for Consent 50 Jamieson, Township of Oro-Medonte Thank you for circulating the subject applications to the Lake Simcoe Region Conservation Authority (LSRCA) for review and comment. We understand that the purpose and effect of these applications are to create three (3) parcels and one (1) retained parcel, for industrial uses. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Aug. 16th, 2021 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 179/06. The applications have 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 not within the regulated are under Ontario Regulation 179/06 under the Conservation Authorities Act. A watercourse (Bluffs Creek) and its associated floodplain hazard area does appear over surrounding properties but does not cover the subject property. There are two nearby regulated wetlands, one located to the east and the other, to the west of the subject property. Both these wetlands and the associated minimum vegetation protection zone do not appear over 50 Jamieson Drive. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 550 o-fF618.800.465.0437 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Develo onservation authority Page 2of3 The subject property appears designated as Rural under the County of Simcoe Official Plan. The Township of Oro-Medonte Official Plan designatesthe property as Industrial,and the Township's Zoning By-law 97-95 zones the property as Economic Development (ED). Features Shncae!M91M te conservation authority ❑ LSRCA Watershed Boundary [] LSPP Watershed Boundary _ F. 7PLh1N RD — Regulation Boundary ^'FF Regulation Area iLy--� 53 ESTVIEW RD - i.J CA Boundaries tO FDRE,:TPLAIN RD Assessment Parcel: r 1►� _ ❑ Lot and Concession Road Lahets ♦-- ' -. -' — Watercourse '► +" � Roads 82 FORESTPLAN RD �. i �� rMy IOa eeeies •J� 4 y+ R 61 F ORE4TF LAIN R uxal Rage • �' '� j$.p Railway ❑ Lower Tier Aiunrclpatlty 47 F QkFS TF IMIN R i V'rJ.YE.Spr:Cj Fr a;1972021 1R JAMESONOR fr _ ,.- A wns iaer w.e_rm_ _ � rr waa...vuerrnevrro rlwrwa� .. �� ,r.v=F... w�mn._rr�wvunr+a ws.wc.ws �• � �,'' owFSTw.+.nmrreoorrffcc« ■ice cancrrwnai�urr,owrr xm1 rwpn.mw..n nn '; ✓ rw oer.Ya.r..wr.r..oa�.r e.o-�. k. . 2e F(7RESTPL N R rwoacre.w vrn+..a.m�i mr,,wrmwra�!^mm.e 2r M11. OF.n Meters c2 0 41 H2 Any future development or site alteration will be subject to applicable provincial policies and the LSRCA's Watershed Development Guidelines. Any future development or site alteration within the subject property will not require an LSRCA Permit ahead of issuance of municipal building permits. Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The area of the proposed new and retained lots are not within any natural hazards or natural heritage lands. This proposal would create three (3) new lots, and Page 551 of 618 7.1) 7.50 p.m. DS2021-142, Andria Leigh, Director, Develo onservation authority Page 3 of 3 therefore, not be defined as major development under the LSPP, at this time. 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 applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The area of the proposed new and retained lots are not within the regulated area. The proposed works will not require any additional LSRCA permits as part of these consent applications. Summary LSRCA is satisfied from a watershed management perspective that this application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. On this basis, the LSRCA has only the below requirements as they relate to these consent applications: 1. The Applicant has not yet provided the required development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. Please note that the amount for a consent application is $525.00. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned. Please advise our office of any decision made with regard to this matter. 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File #: 4346-030-012-05000 65 Maplewood Parkway D13 59851 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-143 be received and adopted. 2. That Minor Variance Application 2021-A-56 by Stephen Arbib, specifically for permission to build three detached accessory buildings— Building A— Fitness/Pool Building, Building B — Outdoor Room, and Building C—Detached Garage. Building A with a Maximum Height of 5.0 m (16.4 feet) and a Maximum Floor Area of 120 square metres (1291 .7 square feet); Building C with a Front Yard Setback of 2 metres (6.5 feet) and a Maximum Height of 5.0 m (16.4 feet); and a Maximum Lot Coverage of 6% for all detached accessory buildings, on lands municipally known as 65 Maplewood Parkway, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-143. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 (a), Section 5.1.4, Section 5.1.5 and Section 5.1 .6, the proposed detached accessory buildings shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory buildings 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 buildings 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 detached garage is located no closer than 2.0 metres from the front lot line; Development Services September 1, 2021 Report No. DS2021-143 Page 1 of 13 Page 567 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... f) That the applicants maintain the existing vegetative buffer on the interior property lines, or replace with a similar vegetative buffer; and, g) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building and Septic 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. Background: The subject property has a lot area of 0.48 hectares (1.21 acres) and contains a single detached dwelling, pool and boathouse. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants have submitted this Minor Variance application to build three detached accessory buildings: Fitness/Pool Room (Building A), Outdoor Room (Building B), and a Garage (Building C). The applicants are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Building A: Section 5.1 .4 — Maximum height for detached accessory buildings Required. Proposed: 4.5 metres 14.7 feet 5.0 metres 16.4 feet Section 5.1 .5 — Maximum lot coverage for all detached accessory buildings on a lot Required. Proposed: 5% 6% Section 5.1.6 — Maximum floor area for a detached accessory buildings Required. Proposed: 70.0 square metres (753.5 square feet) 120 square metres (1291.7 square feet) Building B: Section 5.1.5 — Maximum lot coverage for all detached accessory buildings on a lot Required. Proposed: 5% 6% Building C: Section 5.1.3 (a) — Front yard setback for a detached accessory building (garage) Required. Proposed: 7.5 metres (24.6 feet) 2 metres (6.5 feet) Development Services September 1, 2021 Report No. DS2021-143 Page 2 of 13 Page 568 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... Section 5.1.4 — Maximum height for detached accessory buildings Required. Proposed: 4.5 metres 14.7 feet 5.0 metres 16.4 feet Section 5.1 .5 — Maximum lot coverage for all detached accessory buildings on a lot Required. Proposed: 5% 6% The applicants' site plan, elevation drawings and floor plans 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. 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 three proposed accessory buildings are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area and would be accessory to the existing dwelling on the property. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Development Services September 1, 2021 Report No. DS2021-143 Page 3 of 13 Page 569 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory buildings will be located in close proximity to the existing dwelling and in the case of the garage located further from Lake Simcoe than the existing dwelling and the buildings are not anticipated to have any adverse impact on the Lake Simcoe shoreline. 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(d) in the Recommendations section above). 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 three proposed accessory buildings are consistent with the County's Official Plan as they would all be accessory to the existing residential dwelling/use that is permitted. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services September 1, 2021 Report No. DS2021-143 Page 4 of 13 Page 570 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... 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 three accessory buildings that would be accessory to the existing dwelling constructed in 1975 which is a permitted use in the Shoreline Designation. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Residential Limited Service Exception 2(RLS*2) in the Township's Zoning By-law 97-95. Exception 2 is specific to a reduced interior side yard setback and is not relevant for this application. The applicants are proposing to build three accessory buildings and are seeking relief from the Zoning By-law to: • Reduce the front yard setback from 7.5 metres (24.6 feet) to 2.0 metres (6.5 feet) for the proposed detached accessory building (garage); • Increase the maximum floor area for the proposed detached accessory buildings from 70.0 square metres (753.5 square feet) to 120 square metres (1291.7 square feet) for the Fitness/Pool Building; • Increase the maximum height for the detached garage and pool/fitness building from 4.5 metres (14.7 feet) to 5.0 metres (16.4 feet); and • Increase the maximum lot coverage of all detached accessory buildings on a lot from 5% to 6%. 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 2.0 metres (6.5 feet). The garage doors will face towards the middle of the property; therefore, off street parking will not be a concern and as noted below given the unique configuration of the property and long driveway there is sufficient space for off street parking. The Operations Department indicated that they have no concerns with the application. Development Services September 1, 2021 Report No. DS2021-143 Page 5 of 13 Page 571 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... 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 120 square metres (1291.7 square feet) for the Fitness/Pool Building (the other two accessory buildings being proposed will maintain the maximum 70 sq.m. floor area requirement), an increased maximum height from 4.5 metres (14.7 feet) to 5.0 metres 916.4 feet), and an increased maximum lot coverage from 5% to 6%. In Planning Staff opinion, the requested increase in floor area, height, and in lot coverage are minimal in the context of the overall lot development. The existing 2-storey dwelling is approximately 331 square metres (3564 square feet) according to MPAC records. The proposed garage at 120 square metres (1291.7 square feet) remains smaller and subordinate to the existing dwelling. Based on the above, Planning Staff is satisfied that the three proposed accessory buildings 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. The proposed 2.0 metre (6.5 foot) front yard setback for the detached accessory building would result in the garage being within a cleared area on the property as verified through the site inspection and given the unique lot configuration would actually be constructed more than 60 metres from the public street (eight mile point road) and would be buffered from the neighbouring property and the street by the existing vegetation. The property also slopes from the road towards Lake Simcoe and therefore all three proposed accessory buildings will be limited in viewing from the street. 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 interior side lot lines, or replace with a similar vegetative buffer if destroyed to ensure that the buildings remain screened from view by the 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. Additionally as noted through the Building Division comments, a Septic Verification or new Septic Permit will be required to re-locate the current loading area and for any new plumbing fixtures associated with the fitness/pool building. Development Services September 1, 2021 Report No. DS2021-143 Page 6 of 13 Page 572 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... 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 Ontario Land Tribunal (OLT) 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: • 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 of the three accessory buildings will not negatively impact the Township's natural features and attributes. Development Services September 1, 2021 Report No. DS2021-143 Page 7 of 13 Page 573 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... 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. • Township Infrastructure and Capital Projects — No objections. • Township Building Division - Building Division comments are as follows; 1. Septic verification/permit required for the additional plumbing fixtures and habitable space proposed. 2. Proposed building appears to be within loading area of existing sewage system. Septic permit application required to relocate loading area and space for sewage system is adequate. • Lake Simcoe Region Conservation Authority— LSRCA is satisfied from a watershed management perspective that this application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. Given these comments, it is the opinion of the LSRCA that: 1 . Ontario Regulation 179/06 applies to the proposed development. Therefore, the applicant must apply for, and successfully obtain an LSRCA permit, ahead of new development or site alteration. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Building A — (Fitness/Pool Room) Elevation/Floor Plan Drawings Schedule 5: Building C — (Garage) Elevation/Floor Plan Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-56 be approved, specifically to permit construction of three detached accessory buildings — Building A — Fitness/Pool Building, Building B — Outdoor Room, and Building C —Detached Garage. Building A with a Maximum Height of 5.0 m (16.4 feet) and a Maximum Floor Area of 120 square metres (1291.7 square feet); Building C with a Front Yard Setback of 2 metres (6.5 feet) and a Maximum Height of 5.0 m (16.4 feet); and a Maximum Lot Coverage of 6% for all detached accessory buildings 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: Andria Leigh, Director Development Services Development Services September 1, 2021 Report No. DS2021-143 Page 8 of 13 Page 574 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... Schedule 1: Location Map ad T 52 Z. � •] -noq nu. aQ o° 10 �j S1 43 49 47 53 a n = 45 55 �niau= a 57 57 J 56 59 2912 2920 2924 2932 2936 61 e3 --------- Lakeshore Rd. s - 5 ¢tf w 3 .�C 5 `m w 9 11 Lake Simcoe 13 15 17 19 Schedule 1 Location Tou�roskrp v ® Subject Lands dlroud Heritage,Exdtieq Futptr 0 10D rn File Number 2021-A-56 4 1 1 1 1 1 Development Services September 1, 2021 Report No. DS2021-143 Page 9 of 13 Page 575 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... Schedule 2: Aerial Photo IIµIV si iRd k. +Mnonstnn 0.uutl,. e1 11I Horsesh� Yali ey�Rd. I Oltl• ieRtl. 'gam I V 4 i 0 Schedule 2 . Aerial Photo` Towns h[p q Subject Lands Proud Heritage,Exciting Future 0 30 M File Number:2021-A-56 I I I I Development Services September 1, 2021 Report No. DS2021-143 Page 10 of 13 Page 576 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... Schedule 3: Site Plan { y a w N -AN y a� a$m � o $ rV 3 rD IQ W Development Services September 1, 2021 Report No. DS2021-143 Page 11 of 13 Page 577 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... Schedule 4: Elevation/Floor Plan Drawings (Building A—Pool/Fitness Room) -= II --I-- - 1 ---- ------ III III III --- �� CM - --- - i� - III II Iii �_ - - - a - -- --- -- I west elevation north el watian r ------ - r - iILI-ll '1111111 111fl1ff-7 00 00 Saar ---------- _ e ecl n s Ih el.WiI -�- well elevation ataphen wbib b:mmogew000 o�aomz iM /honubWruct- I-0d. �eievanons A-210 2103 I 7`1 -------------- ------------------------------ - naor plan srepneaarolb ��metlq mom (n"m honub anucmra ___________________ oIeo_�rmp'V 'rn9n Poor plan A-220 2103 Development Services September 1, 2021 Report No. DS2021-143 Page 12 of 13 Page 578 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... Schedule 5: Elevation/Floor Plan Drawings (Building C —Garage) - - - - , --------------- jl------------------------------ j rum .eM..oamixv an aa� C 61ER(� —.—.—.-.-.-.-.-.-.-.-.-.-.-.-.-. .--------- LEFT ELEVATION !1 ._._.-------.------_._ Ophen aM0 �Repeama OO 13cessaryhN11d1n9(BLCGC) plans �R'GHT ELEVATION r—� A-220 2103 RFAR ELEVATION J"\ TF£ONT ELEVATfON(`l Development Services September 1, 2021 Report No. DS2021-143 Page 13 of 13 Page 579 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... From: Metras,Justin To: Ceretti,Kendra Subject: Re: Notice of Public Hearing for Minor Variance Application 2021-A-56(Arbib) Date: August 21,2021 9:38:37 AM Kendra Operations has no comment on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 580 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... From: McCartney,Garry To: Planning Cc: Wilson, Delanie;Craig,Jason Subject: FW: Notice of Public Hearing for Minor Variance Application 2021-A-56(Arbib) Date: August 21,2021 8:35:14 AM Attachments: 202109 01 -Notice of Public Hearing(2021-A-56)Arbib.pdf Building Division comments are as follows; 1. Septic verification/permit required for the additional plumbing fixtures and habitable space proposed. 2. Proposed building appears to be within loading area of existing sewage system. Septic permit application required to relocate loading area and space for sewage system is adequate. Page 581 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... Lake Simcoe Region conservation authority www.LSRCA.on.ca August 24th, 2021 File No: 2021-A-56 IMS File No.: MV-187109- Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Sent by E-mail to: plan ning@oro-medonte.ca Dear Mr. Karaiskakis: Re: Proposed Application for Minor Variance 65 Maplewood Parkway,Township of Oro-Medonte Thank you for circulating the subject applications to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose and effect of is to construct three detached accessory buildings, a fitness/pool building, an outdoor room, and another fitness/pool building. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Aug. 18t", 2021 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 179/06. The applications have also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics The LSRCA mapping tool identifies that the subject property is partially within the regulation limit of Ontario Regulation 179/06 under the Conservation Authorities Act.This is representative of its proximity to Lake Simcoe, and the associated Shoreline Hazard Area.As well as the nearby watercourse(Carthew Creek), and the regulated wetland to the west of the subject property, including the minimum vegetation protection zone to that wetland. The two proposed new buildings, to be located on either side of the existing pool area,will be located within the regulated area. Upon review of both regional and municipal official plans and the municipal zoning by-law,the subject property appears designated as Rural within the County of Simcoe Official Plan. The subject property is currently designated as Shoreline, within the Township of Oro-Medonte Official Plan, and appears zoned as Shoreline Residential (SR*2), as per Zoning By-law 97-95. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 582 o-f1618.800.465.0437 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Develo hfi6�'l's ... onservation authority Page 2of3 Features Lake 5imeae Region Cerise rvation euthonty 0 LSRCA Watershed Boundary © LSPP Watershed Boundary — Regulation Boundary ',.r i+MFLEYr0O0 KY - Regulation Area Amessmenl Pamel WAPL E7M D00:1•:7CY Lot and Concession Road Lahets watermurse Roads 6S YAPL'ElY 4f�0,PICT +ter aua sa;�. 16pM.ut.Anerrlr n MHFtF.VJOC7fi FKr RaAway ❑ Lower Tier Municipality LOT41 Ca, RS PL EYM. [J Frt U' KE9H F'.E k7F. 73 !and-F KlHT I PONTR P d0. W20i2021 f � N[i5_t4ii lrad_\I.ob_ EK3H 111LE PONTRD .�+mw....e rn.�.anr w.,v.w.sawxM,. �row,rtr�an r:ow"'0`x eMiok Ht ac�a cwe�vrmn.urwowry�i,u aye�rw nn IW WYyrYr,11Wra w G Ou.wi+Rn+r sr py c NrppplpMplrP.rvipyr.�t sm[.wm wq..�_rlc 7 MILE 13VT FL tbrsry rr.wwrn.e.mem..mmr w f>�vrrY+MI icu9-X9i 100E3K9.2Ci+�X05:al.v1... S:.a ie 1. 1.623 Meters 82 0 41 82 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The area of the proposed new buildings is within the Shoreline Hazard Area, as well as being within 100-metres of the Lake Simcoe Shoreline. The subject property is also surrounded by natural features, such as identified woodlands and Lake Simcoe. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. Page 583 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Develo hfi6t"t" S ... onservation authority Page 3 of 3 Ontario Regulations 179/06 does apply to the proposed new development, as two of the three new buildings will be located within the regulated area. Therefore, an LSRCA permit application will be required for all new buildings and structures within the regulated area, ahead of issuance of any municipal building permits. Advisory Comments 3. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte and the County of Simcoe in that we provide through a Memorandum of Understanding (MOU) as well as through our role as a public body, pursuant to the Planning Act. Natural Heritage The proposed new detached accessory structure will be located adjacent to an area identified as Woodlands by current LSRCA mapping. Development would be contained within the minimum vegetation protection zone (represented as a 30-metre buffer) of this natural heritage feature.This can be considered appropriate, as the existing use of the subject property permits the development of a detached accessory structure, secondary in nature to that of the existing residence. Therefore, Designated Policy 6.45 of the LSPP is applicable,which would permit limited development of this kind, without alternative option for relocation elsewhere on the subject property. Lake Simcoe Protection Plan,2009(LSPP) The LSPP provides both guidance and regulation on development and site alteration within proximity to Lake Simcoe, and any watercourses within the watershed.The proposed new development would be within 120-metres of the Lake Simcoe Shoreline, and is located outside of an existing settlement area. Designated Policy 6.45 of the LSPP would be applicable, and the proposed new buildings would be considered,without need of a Natural Heritage Evaluation (NHE). Summary LSRCA is satisfied from a watershed management perspective that this application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. Given these comments, it is the opinion of the LSRCA that: 1. Ontario Regulation 179/06 applies to the proposed development. Therefore, the applicant must apply for, and successfully obtain an LSRCA permit, ahead of new development or site alteration. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, Liam Munnoch Planner 1, Lake Simcoe Region Conservation Authority Page 584 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... z .E �- pN lw.arl�liW 146g F �A r / � I / 1 � / i a) r � U O N U) O c� .0 — — a) (6 N CO � a) a) N . . � — O O a }' a t� 'E U i N w O C) Page 585 of 618 7.m) 8.00 p.m. DS2021-143, Andria Leigh, Director, Development Services ... 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File #: 4346-020-004-14847 4 Richelieu Road D14-59795 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-124 be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-11 and Temporary Use By-law 2021-102 by Jacob Smith, specifically to permit a Garden Suite for the lands known as 4 Richelieu Road for a period of twenty (20) years, be approved. 3. That the Deputy Clerk bring forward the appropriate by-laws to adopt a Temporary Use By-law and to execute an agreement for the lands known as 4 Richelieu Road, Lot 47, Plan M-92 (Medonte), Township of Oro-Medonte, for the purposes of a Garden Suite for a period of twenty (20) years. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: Mr. Jacob Smith has submitted an application to permit a garden suite on the subject property municipally known as 4 Richelieu Road. The lands have an area of approximately 0.2 hectares (0.49 acres) and a lot frontage of approximately 34 metres (112 feet) on Georgian Drive and 55 metres (180 feet) on Richelieu Road. The property currently contains a single detached dwelling and a detached garage. The proposed garden suite is to be located north of the existing detached garage and is to be setback approximately 7.6 metres (25.0 feet) from the north property boundary. This is the only available location given the location of the existing septic system on the southerly side of the driveway. The applicant is proposing Development Services September 1, 2021 Report No. DS2021-124 Page 1 of 8 Page 595 of 618 8.a) DS2021-124, Danielle Waters, Planner re: 2021-ZBA-11 , Jacob Smith,... to keep the Garden Suite on the subject property on a temporary basis for a period of twenty (20) years as provided for under the Planning Act. Analysis: Section 39.1 of the Planning Act permits Council to authorize the temporary use of a Garden Suite for up to twenty years. Garden Suite is defined as "one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable." Furthermore, The Act also allows Council to enter into an agreement with the landowner to deal with issues such as: • the installation, maintenance, and removal of the garden suite; • the period of occupancy of the garden suite by any of the persons named in the agreement; and • the monetary or other form of security that Council may require for actual or potential costs to the municipality related to the Garden Suite. The subject land is designated `Rural Settlement Area' in the Township's Official Plan and `Settlement' in the County's Official Plan. The policies of the Township and County Official Plans, as well as Provincial Policies (Provincial Policy Statement and Growth Plan) have been reviewed and do not affect the context of the proposed development. Consistent with Section 39.1 of the Planning Act, the Township of Oro-Medonte brought forth a policy in 1997 outlining requirements for Garden Suites in the Township. It states that: a. The garden suite is not to be a mobile home; b. The garden suite utilizes existing services on the property; c. The existing driveway to the main residential dwelling is to be utilized for access and no new entrance from a public road be created for the garden suite; d. The garden suite has a minimum gross floor area of 50 square metres and a maximum gross floor area of 85 square metres; e. Approval for the increased usage of the septic system be obtained; f. An agreement be registered on title providing for the use of the lands; g. The garden suite not be transferable to another owner; and h. Appropriate securities are deposited with the Township to ensure that the agreement can be implemented. The proposed Garden Suite will use the existing driveway and the owners previously installed a new septic system. The Suite will have a floor area of 58 square metres (624 square feet) and two attached decks. Upon site visit, staff noted an appropriate amount of space for the proposed suite. There is mature vegetation along the interior and rear lot lines. The suite will be visible from Georgian Drive and Richelieu Road; however, it will blend in with the residential character of the area and not appear out of place. The proposed elevation drawings show how the proposed suite will appear residential like the rest of the neighbourhood. Development Services September 1, 2021 Report No. DS2021-124 Page 2 of 8 Page 596 of 618 8.a) DS2021-124, Danielle Waters, Planner re: 2021-ZBA-11 , Jacob Smith,... In keeping with the Township's Garden Suite Policy, the landowners and occupants will be required to execute an Agreement prepared by Staff that outlines the conditions respecting the installation, and eventual removal of such dwelling unit. The Agreement requires the deposit of$2,500 as security in the case of default of such agreement. Once all parties (Township and owners,) have signed the Agreement, the new Agreement will then be registered on title of the property. The property is zoned Residential One (R1) in the Township's Zoning By-law. The Township's Zoning By-law permits single detached dwellings within the R1 Zone Unlike other Zoning By-law Amendment applications presented to the Committee, the temporary use does not propose to alter the R1 Zone symbol applicable to the property, as shown on Schedule A21 of the Zoning By-law. Rather, the Temporary Use By-law paired with the Registered Agreement will allow for the specified use by the specific individuals listed, in addition to the existing use of the property. Financial / Legal Implications / Risk Management: A $2,500 security deposit is required prior to issuance of a building permit as part of the agreement of the garden suite to ensure removal of the unit at the expiration of the agreement. 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: The Township's following Strategic Goals 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 if the subject Temporary Use By-law Amendment is approved, that the change on the property will not negatively impact the Township's natural features and attributes. Development Services September 1, 2021 Report No. DS2021-124 Page 3 of 8 Page 597 of 618 8.a) DS2021-124, Danielle Waters, Planner re: 2021-ZBA-11 , Jacob Smith,... Consultations: • Township Operations Department: No comments. • Township Development Engineering: No objections. Engineered lot grading plan required at time of Building Permit. • Township Building Department: No comments Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Applicant's Site Plan Schedule 4: Applicant's Elevation Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2021-ZBA-11 be approved, which would permit the approval of a Garden Suite Agreement on a temporary basis for a period of twenty (20) years in accordance with the appropriate agreement being executed by the landowners, occupants, and the Township. The application conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Respectfully submitted: Danielle Waters Planner Approvals: Date: Derek Witlib, Manager, Planning Services August 26, 2021 Andria Leigh, Director Development Services August 26, 2021 Development Services September 1, 2021 Report No. DS2021-124 Page 4 of 8 Page 598 of 618 8.a) DS2021-124, Danielle Waters, Planner re: 2021-ZBA-11 , Jacob Smith,... Schedule 1: Location Map 5 17 99 21 23 21 26 28 30 32 34 36 38 P � 17 C � � Champlain Ores. 21 27 29 31 33 35 37 13 23 25 re tl�i 11 15 1 v 4 6 8 14 32 14 w 9 2 4 6 8 7 Georgian Dr. 5 10 5 7 93 5 F40- 39813 121892 1902 1906 1916 9805 18g4 1858 1666 1872 1696 192fl 1852 1912 Warminster 5rd. 1859 1865 1871 1875 1885 9767 9647 1 34 Schedule 1 Location Subject Lands Proud Heritage,Exciting Future l a 100 M File Number:2021-ZBA-11 I I I t I Development Services September 1, 2021 Report No. DS2021-124 Page 5 of 8 Page 599 of 618 8.a) DS2021-124, Danielle Waters, Planner re: 2021-ZBA-11 , Jacob Smith,... Schedule 2: Aerial Photo B. P � c CsUS ian DC c 0 'kid R.,. R _ n I177 4• � 11 A 1✓ low d h •`; _ . �k 1 Schedule 2 Aerial Photo ED Subject Lands Proud Heritage,Exciting Fill l f a ?Q M File Numb-r.2021-ZB -11 I I I 3 Development Services September 1, 2021 Report No. DS2021-124 Page 6 of 8 Page 600 of 618 8.a) DS2021-124, Danielle Waters, Planner re: 2021-ZBA-11 , Jacob Smith,... Schedule 3: Applicant's Site Plan 041L FRLAI fi I( is • E Schedule 3 Applicant's Site Plan -- Ttu����� j File Number 2021-Z8A-11 Frond Heritage,I-Excirirrj!Future Development Services September 1, 2021 Report No. DS2021-124 Page 7 of 8 Page 601 of 618 8.a) DS2021-124, Danielle Waters, Planner re: 2021-ZBA-11 , Jacob Smith,... Schedule 4: Applicant's Floor Plan/Elevations 1 , ` I z � ° x EE W 6 � I M it I I I I I i I i uj � Schedule 4 Applicant's Elevation Drawings TrumsFtip or ��� File Number 2021-ZBA-11 Proud Heritage,Exciting Future Development Services September 1, 2021 Report No. DS2021-124 Page 8 of 8 Page 602 of 618 8.b) DS2021-122, Andria Leigh, Director, Development Services re: OLT He... township of Report ,O� f_qlAe,- Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-122 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # September 1, 2021 OLT Hearing Representation Roll #: Minor Variance Application R.M.S. File #: 4346-030-012-47300 2021-A-21 (Robu) D13 59336 259 Moon Point Drive Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-122 be received and adopted. 2. That staff proceed with Option 1 as outlined in this report in preparation for the November 3, 2021 Ontario Land Tribunal (OLT) hearing. Background: On May 5, 2021 Development Services Committee denied 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 Drive. The subject property is located along the south side of Moon Point Drive and abuts Lake Simcoe to the south. A Location Map and Aerial Image are included as Schedules 1 and 2 to this report. The subject property has a lot area of 0.13 hectares (0.32 acres), is currently used as a residential lot and contains a single detached dwelling, an accessory building at the front of the property, a pergola, and the accessory building subject to the Minor Variance application under appeal, which was built without approvals/permits. The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Development Services September 1, 2021 Report No. DS2021-122 Page 1 of 9 Page 603 of 618 8.b) DS2021-122, Andria Leigh, Director, Development Services re. OLT He... The subject property is designated Shoreline in the Township's Official Plan and zoned Shoreline Residential Exception Two (SR*2) in the Township's Zoning By-law 97-95, as amended. The Committee received a Planning Staff report (DS2020-059) for the Minor Variance application that provided a planning analysis of the application and review of the policies and tests as required by the Planning Act. As a result of the various inputs from staff, agencies, residents, and the applicant, the Development Services Committee adopted a motion to deny Minor Variance Application 2021-A-21. Notice of Decision was provided in accordance with the Planning Act. An appeal to the Committee's decision was received on May 21, 2021 . Planning Staff forwarded the appeal to the OLT and the OLT has acknowledged receipt of the appeal and now scheduled the OLT hearing for November 3, 2021 . In order to prepare appropriately for the OLT hearing, direction from Council is required and is the purpose of this report. Analysis: Given that staff determined in their report that the minor variance application did not conform to all applicable Planning policies, nor met the four tests of the Planning Act and this was supported in the Development Services Committee decision, direction from Council is now required to determine the level of support to be provided by the Township at the OLT hearing. The Township has the following options: (1) Provide representation (Planning staff and Township solicitor) to support the Committee's decision to deny the minor variance application; (2) Not provide representation to support the Committee's decision however there would be no representation against the application in this option. Option #1 would require the Township solicitor and Planning staff to uphold the decision of the Committee that denied the minor variance application that was also the recommendation of the staff report (DS2021-059). Planning Staff would work with the Township solicitor in order to prepare the necessary case to be presented to the Tribunal member in accordance with the Committee's decision and the Staff Report. The cost for this option is discussed further below. In Option #2, the Township would not provide any representation at the OLT hearing to defend the Committee's decision. With this option, the applicant would present their case at the hearing and there would be no evidence presented at the hearing from the Township regarding the decision by the Committee to deny the application. Development Services September 1, 2021 Report No. DS2021-122 Page 2 of 9 Page 604 of 618 8.b) DS2021-122, Andria Leigh, Director, Development Services re. OLT He... In either option, the applicant and appellant are required to provide their own representation, at their cost, to support their position at the OLT hearing. Financial / Legal Implications / Risk Management: Option #1 would include financial costs associated with the Township solicitor's time to prepare and then attend the OLT hearing and also the indirect costs for Township Planning staff to prepare for and attend the hearing. Option #2 would not include financial costs as there would be no representation by the Township at the hearing. 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: 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: N/A Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation and Floor Plan Conclusion: The decision of the Development Services Committee was to deny the Minor Variance application, consistent with the staff recommendation, however the decision was appealed to the OLT. On this basis, direction from Council is required regarding Development Services September 1, 2021 Report No. DS2021-122 Page 3 of 9 Page 605 of 618 8.b) DS2021-122, Andria Leigh, Director, Development Services re. OLT He... representation to be provided by the Township at the November 3, 2021 OLT hearing. It is staff's recommendation that Council should proceed with Option 1 as outlined in this report to defend the Development Services Committee's decision. Respectfully submitted: Andria Leigh, RPP, Director, Development Services Approvals: Date Development Services September 1, 2021 Report No. DS2021-122 Page 4 of 9 Page 606 of 618 8.b) DS2021-122, Andria Leigh, Director, Development Services re. OLT He... Schedule 1: Location Map rJ 'IT Moons mne Rd. Ma rseeh�n•Va�IA Iry0.d._ ICI C �.Ridse ?o.'�d V.'! 15 17 13 11 i9 g 21 7 5 3 1 War�le�WaY 263 0 �O 496 255 251 247 359 243 239 235 221 Schedule 1 Location Subject Lands 00��� �� Proud Heritas;e,E—irini F.t—c 0 100 M File Number:2019-A-42 N I Development Services September 1, 2021 Report No. DS2021-122 Page 5 of 9 Page 607 of 618 8.b) DS2021-122, Andria Leigh, Director, Development Services re. OLT He... Schedule 2: Aerial Photo --�..J Rdi_ nelane•Rd. Ho .4—A­Rd. _ f �r � f M c I 9 'eed V I L- 1 Y - 1 iN 9 i Schedule 2 Aerial Photo 7ownsh f Subject Lands Proud HffRage,Exciting Future a to m File Number:2019-A-42 N I Development Services September 1, 2021 Report No. DS2021-122 Page 6 of 9 Page 608 of 618 8.b) DS2021-122, Andria Leigh, Director, Development Services re. OLT He... Schedule 3: Site Plan 259 MOON POINT DRIVE -"Woo I . w } BLDG IQ UL l I � I f # II �1 r � I I 1 � I 141 AVENA no WATU OOM 5hedule 3 Applicant's Site Plan - i , Fin Numb=201Sl44? r+ate 1r.�rm.. Development Services September 1, 2021 Report No. DS2021-122 Page 7 of 9 Page 609 of 618 8.b) DS2021-122, Andria Leigh, Director, Development Services re. OLT He... Schedule 4: Elevation and Floor Plan Drawings E 1 a � Schedule 4 Applicant's Elevation DrawingsOf _. . 't�>i�nrxl�iy q�f File Number2019-A-42 Ynmd,Herisdge,Exrr bir Fulove Development Services September 1, 2021 Report No. DS2021-122 Page 8 of 9 Page 610 of 618 8.b) DS2021-122, Andria Leigh, Director, Development Services re: OLT He... Ontario Land Tribunal Tribunal ontarien de I'amenagement du territoire 65-9 Bay Street, Suite 1500 655 rue Bay, suite 1500 Toronto ON M5G 1E5 Toronto ON M5G 1E5 Telephone: (416)212-6349 T616phone: (416)212-6349 Tall FFee: 1-866-448-2248 Sans Frals: 1-866-448-2248 Website: olt_gov.on.ca Site Web: olt.gov.on.ca Ontario PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Svetlana Robu Subject: Minor Variance Variance from By-law No.: Zoning By-law 97-95 Property Address/Description: 259 Moon Point Road Municipality: Township of Oro-Medonte Municipal File No.: 2021-A-21 OLT Case No.: OLT-21-001016 OLT File No.: OLT-21-001016 OLT Case Name: Robu v. Oro-Medonte (Township) The Ontario Land Tribunal ("Tribunal")will conduct a Hearing by video Conference for this matter. The event wil I be held: AT: 10:00 AM ON: Wednesday, November 3, 2021 AT: https:ilglobal.-gotomeeting.com/moin/361097837 Access Code: 361-097-837 The Tribunal has set aside 1 day for this matter. The event will be held using https:l/global.gotomeeting.com/ioin1361097837. The appellant(s), applicant, municipality or approval authority, and those persons who intend to request party or participant status, are asked to log into the video hearing through the link provided above at least 15 minutes before the start of the event to test their video and audio connections. All persons are expected to access and set-up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GvToMeeting or MSTeams.Aweb application is also available: https://app.gotomeeting.com/home.html or https:ffwww.microsfot.com/en-calmicrosoft- teamsldownload-aop.A compatible web browser for this service is Chrome. Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio- only telephone line: +1 (647)497-9391 or (Toll Free): 1 888 455 1389. The access code is 361-097-837. Development Services September 1, 2021 Report No. DS2021-122 Page 9 of 9 Page 611 of 618 8.c) DS2021-123, Andria Leigh, Director, Development Services re: OLT He... township of Report ,O� f_qlAe,- Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-123 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # September 1, 2021 OLT Hearing Representation Roll #: Minor Variance Application R.M.S. File #: 4346-010-002-21854 2021-A-22 (Govender) D13 59337 35 Landscape Drive Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-123 be received and adopted. 2. That staff proceed with Option 1 as outlined in this report in preparation for an upcoming Ontario Land Tribunal (OLT) hearing when scheduled. Background: On May 5, 2021 Development Services Committee denied Minor Variance Application 2021-A-22 by David & Kerissa Govender, specifically to permit to permit an accessory apartment dwelling unit with a floor area of 130 square metres (1400 square feet), on lands municipally known as 35 Landscape Drive. The subject lands are located at 35 Landscape Drive and currently support a 1.5-storey, single detached dwelling. Surrounding land uses consist of single detached residential uses. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2. The applicant's site plan and basement floor plan are attached as Schedules 3 and 4 to this report. The subject property is designated Rural Settlement Area (Horseshoe Valley) in the Township's Official Plan and zoned Residential One Exception 140 (R1*140) in the Township's Zoning By-law 97-95, as amended. Development Services September 1, 2021 Report No. DS2021-123 Page 1 of 7 Page 612 of 618 8.c) DS2021-123, Andria Leigh, Director, Development Services re. OLT He... The Committee received a Planning Staff report (DS2021-069) for the Minor Variance application that provided a planning analysis of the application and review of the policies and tests as required by the Planning Act. As a result of the various inputs from staff, agencies, residents, and the applicant, the Development Services Committee adopted a motion to deny Minor Variance Application 2021-A-22. Notice of Decision was provided in accordance with the Planning Act. An appeal to the Committee's decision was received on May 21 , 2021 . Planning Staff forwarded the appeal to the OLT and at this time the OLT has acknowledged receipt of the appeal but no hearing date has yet been established. In order to prepare appropriately for the OLT hearing, direction from Council is required and is the purpose of this report. Analysis: Given that staff determined in their report that the minor variance application conformed to all applicable Planning policies, and met the four tests of the Planning Act but this was not supported in the Development Services Committee decision, direction from Council is now required to determine the support to be provided by the Township at the future OLT hearing once scheduled. The Township has the following options: (1) Provide representation (Planning Consultant and Township solicitor) to support the Committee's decision to deny the minor variance application; (2) Not provide representation to support the Committee's decision however there would be no representation against the application in this option. Option #1 would require the Township solicitor and Planning Consultant to uphold the decision of the Committee that denied the minor variance application. The Planning Consultant would work with the Township solicitor in order to prepare the necessary case to be presented to the Tribunal member in support of the Committee's decision to deny the minor variance application. The cost for this option is discussed further below. In Option #2, the Township would not provide any representation at the OLT hearing to defend the Committee's decision. With this option, the applicant would present their case at the hearing and there would be no evidence presented at the hearing from the Township regarding the decision by the Committee to deny the application. In either option, the applicant is required to provide their own representation, at their cost, to support their position at the OLT hearing. Development Services September 1, 2021 Report No. DS2021-123 Page 2 of 7 Page 613 of 618 8.c) DS2021-123, Andria Leigh, Director, Development Services re. OLT He... Financial / Legal Implications / Risk Management: Option #1 would include financial costs associated with both the Township solicitor's time and the Planning Consultant to prepare and then attend the OLT hearing. Option #2 would not include financial costs as there would be no representation by the Township at the hearing. 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: 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: N/A Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation and Floor Plan Conclusion: The decision of the Development Services Committee was to deny the Minor Variance application, which was not consistent with the staff recommendation, and the decision was appealed to the OLT. On this basis, direction from Council is required regarding representation to be provided by the Township for a future OLT hearing. Respectfully submitted: Andria Leigh, RPP, Director, Development Services Approvals: Date Development Services September 1, 2021 Report No. DS2021-123 Page 3 of 7 Page 614 of 618 8.c) DS2021-123, Andria Leigh, Director, Development Services re- OLT He... ";5;iRId.T q 111 -tdnaastnne Rd. 6 7 rscsh�'a-Vall eyR 8 10 old•a. Rrd. c 12 11 12 14 16 d 14 15 4 6 8 10 18 �Ridgg R°a. 2 16 17 20 18 1 21 22 20 F21T3 3 23 24 6 22 1:1) 23 4 25 U 26 24 25 6 7 1 27 O 26 G 28 27 8 9 29 y 30 28 29 10 11 31 c 30 32 31 12 15 33 O 3000 Z 32 d 33 14 17 35 34 M CL y 34 u 77 16 19 37 36 w 36 c 37 18 21 39 38 to � J 39 20 Q 23 41 40 38 41 22 E42 0 Y 44 50 48 46 43 244 44 45 46 47 2 48 49 30 50 51 32 Nordic Tr. 52 53 34 54 55 39 35 56 36 58 57 41 2999 60 38 40 62 59 61 63 42 44 46 48 43 4 Schedule 1 � Location T h' of ® Subject Lands Proud Heritage,Exciting Future 0 100 M File plumber:2021-A-22 41 1 1 1 1 1 Development Services September 1, 2021 Report No. DS2021-123 Page 4 of 7 Page 615 of 618 8.c) DS2021-123, Andria Leigh, Director, Development Services re- OLT He... IsFRd.T -ra oonston.Rd. 1T 11. a �eA a IIIv R. Old..ai-Rd. C 46 Jill rJ d �Ritl7��. Raa 1 A 1 A' V 1 y N 7 I B t- - Schedule 2 Aerial Photo �Otf�rd5�lr�Yl�f Subject Lands �t(��t1E� Proud Herifq,e,Exciting Future 0 10 m File Number:2021-A-22 N I1I Report No. DS2021-123 Page 5 of 7 Page 616 of 618 8.c) DS2021-123, Andria Leigh, Director, Development Services re. OLT He... Schedule 3: Applicant's Site Plan -------------------- I I I (} LLJ I 0 I [w6Z'l] I I W I � I I = I W p E I Q I � O O Cn I u I IM N I I a �w zw I I w Q C7 I I •I N I w� L� O I O� I I � I I _ j r p „oL—,s „6—,6 I ; I I I I ---------------'---- aY a J C d V 3 S C] N b 7 w Development Services September 1, 2021 Report No. DS2021-123 Page 6 of 7 Page 617 of 618 8.c) DS2021-123, Andria Leigh, Director, Development Services re. OLT He... Schedule 4: Applicant's Floor Plan for Basement Apartment t VENT TO IF EXTERIOR x x ENSURE WINDOW MEE7- NEW EGRESS REQUIREMENTS PLUMBING x V BED y 1 LIVING/DINING n 173 SF 216 SF �I x 0 c 10.9 SF MIN r �= GLA55 v •I 46 80 o m 5'-0" n SLOPED CLG FROM 4#3/8O STAIRS ABOVE NEW �^ IL_ PLUMBING uo APT_ B B128 5 o VENT m-H ca I EXTERITQOR MASTER 'p I 2D0 SF 3Of80 I � 'r" EXT MIN. S I •I I NOTE SOME EXTERIOR WALL! UP iv (SUPPORTING F.R. CEILING). o APT. A BLOCK OR POURED CONIC W IF STUD KNEE WALLS ADD 1 —D wly� ___ UP 1 1 1 ENTRY 14R I I I a {COMMON SPACE) MECH NEW LANDING ABOVE �i 2R4 616' O.C. THICKEN SLAB UNDEP WILL TD 6" 2*5 IMIS'o.c. rn I 10'REINFORCED CONIC BILK>!�. ON 20'XIS' FTG I SEE DETAILS A3.1 4 HATCH INDICATES REMOVAL h REPLACEMENT OF CONC SLAB AS NEEDED PRDVIDE SMCI SUPPLY OR R SHUT DOWN F FUWNaGE MECHANICAL WHERE POS! 14-11F SOUND RATI WHERE THIS PROVIDE 9 ALL LOAD A TO HAVE A PROPOSED BASEMENT FLOOR olhl FNSIi'I Development Services September 1, 2021 Report No. DS2021-123 Page 7 of 7 Page 618 of 618