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10 06 2021 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Township of Proud Heritage, Exciting Future Wednesday, October 6, 2021 5:30 p.m. Effective Tuesday, September 7, 2021 , all Township facilities will re-open to the public with safety measures in place including: mandatory masks/face coverings; COVID-19 health screening; and social distancing. Taking into consideration rising positive COVID-19 cases in Simcoe Muskoka and beyond, and contagious transmission of the COVID-19 Delta variant, whenever possible, residents and business owners are encouraged to utilize online and telephone services for Township related business. 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: Page 1 of 272 a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 31 a) Minutes of Development Services Committee meeting held on Wednesday, September 1, 2021. 5. Public Meetings: None. 6. Public Hearings: 32 - 63 a) 5:30 p.m. DS2021-152, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-47, Adam Boyce, 67 Slalom Drive. 64 - 102 b) 5:40 p.m. DS2021-153, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-61, 2715241 Ontario Inc., 493 Penetanguishene Road. 103 - 131 c) 5:50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-62 by 2041063 Ontario Ltd., 5071 Highway 11 North. 132 - 162 d) 6:00 p.m. DS2021-154, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-63, Jody and Randy Hewitt, 81 Greenwood Avenue. 163 - 187 e) 6:10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance Application 2021-A-64, Bruce and Barbara Riddell, 17 Bards Beach Road. 188 - 226 f) 6:20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance Application 2021-A-65, Al and Donna Billes, 25 Brambel Road. 227 - 258 g) 6:30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-66, Caroline & McCutcheon, 2500 Line 1 North. 7. Reports of Municipal Officers: 259 - 271 a) DS2021-157, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-17 and Minor Variance Application 2021-A-19 by Derek Watson, 2 Pine Ridge Trail. 8. Communications: 272 a) Correspondence dated July 28, 2021 and October 1, 2021 from 2187459 Ontario Ltd. re: Site Plan Application 2021-SPA-16 (Minor Variance Application 2021-A-25, 44 Line 9 South from May 5, 2021 Development Services Committee meeting). Page 2 of 272 9. Next Meeting Date: Wednesday, November 3, 2021 . 10. Adjournment: a) Motion to Adjourn. Page 3 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte T Development Services Committee Minutes Township of to Electronic Meeting Proud Heritage,Exciting Future Wednesday, September 1, 2021 4:30 p.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw 'it Staff Andria Leigh, Director, Development Services; Derek Witlib, Manager, Present: Planning Services; Andy Karaiskakis, Senior Planner; Catherine McLean, Intermediate Planner; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Harold Daynard, Manager, Information Technology Technician (IT) 'Assubb, NO All Committee and staff participated via Zoom platform. 1. Opening of Meeting:` , ULhh', it Mayor H.S. Hughes assumed the Chair at the above-noted time and called the meeting to order. Nk 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC210901-1 Moved by Keane, Seconded by Veitch It is recommended that the agenda for the Development Services Committee meeting of Wednesday September 1, 2021 be received and approved; That the comments received re: Item 8c), as outlined on the agenda, be received. Carried. Page 1 of 28 Page 4 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . Motion No. DSC210901-2 Moved by DeSousa, Seconded by Scott It is recommended that Rule 14.19a), as per the consolidated Procedural By-law No. 2017-165, be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement, if necessary. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Thursday, July 15, 2021. Motion No. DSC210901-3 Moved by Keane, Seconded by Hough'; It is recommended that the draft minutes of the Development Services Committee meeting held on Thursday, July 15, 2021 be received and approved as printed and circulated. Carried. Page 2 of 28 Page 5 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . 5. Public Hearings: a) DS2021-129, Michael Barton, Township Planning Consultant re- Minor Variance Application 2021-A-47, Adam Boyce, 67 Slalom Drive. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Adam Boyce. The following correspondence was received- Township of Oro-Medonte, Manager, Development Engineering dated August 19, 2021 ; Township of Oro-Medonte, Building Division dated August 21 , 2021 ; Township of Oro-Medonte, Operations Division dated August 21 , 2021; Al Woodward dated August 20 and 28, 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. -N, ,& "*#A, Staff confirmed that no additional public registrations were received. b, Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-4 Moved by Veitch, Seconded by DeSousa , kN6, It is recommended 44� 1. That DS2021-129, Michael Barton, Township Planning Consultant re- Minor Variance Application 2021-A-47, Adam Boyce, 67 Slalom Drive be received. 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 deferred, at the request of the applicant, to the October Development Services Committee meeting for the applicant to further consult with planning staff and submit a revised application. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 28 Page 6 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . b) 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. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by 12 West Holdings Inc. The following correspondence was received: Ministry of Transportation (MTO) dated August 20, 2021; Township of Oro-Medonte, Manager, Development Engineering dated August 20, 2021 (2); Township of Oro-Medonte, Building Division dated August 21 , 2021 ; Township of Oro-Medonte, Operations Division dated August 21, 2021; Township of Oro-Medonte, Environmental Services dated August 23, 2021; Nottawasaga Valley Conservation Authority dated August 25, 2021; County of Simcoe, Planning Department dated August 30, 2021 . Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The applicant was not present. Ikskh�- The following public members provided comments: Michael Murray provided comments as his property backs onto the applicant's property. No immediate concerns were provided but reiterated staff concerns in the report of the water supply, long term plans for area and the unopened road allowance with respect to if the applicant was continuing to pursue as a secondary entrance. Staff confirmed that no additional correspondence from the public was received during this hearing. qlwk 1%6 There being no further comments or questions, the hearing adjourned. Nq Page 4 of 28 Page 7 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . Motion No. DSC210901-5 Moved by Greenlaw, Seconded by Keane It is recommended 1. That 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 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. That the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Carried. Page 5 of 28 Page 8 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . c) DS2021-130, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-49, Hawkestone Holdings Inc., 77 Robinson Street. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Hawkestone Holdings Inc. The following correspondence was received: Township of Oro-Medonte, Operations Division dated August 21 , 2021; Township of Oro-Medonte, Building Division dated August 24, 2021; Lake Simcoe Region Conservation Authority dated August 24, 2021. Andria Leigh, Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Sarah Barclay, on behalf of the applicant, was present. 'X Staff confirmed that no additional public registrations were received." Staff confirmed that no additional correspondence from the public was received during this hearing. X%6, X There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-6`' Moved by Veitch, Seconded by Scott It is recommended 1 . That DS2021-130, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-49, Hawkestone Holdings Inc., 77 Robinson Street 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 DS2021-130. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 28 Page 9 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . d) DS2021-125, Danielle Waters, Planner re: Minor Variance Application 2021-A-50, James Colville and David St Amand, 17 Glacier Crescent. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by James Colville and David St Amand. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated August 17, 2021; Township of Oro-Medonte, Operations Division dated August 21, 2021 ; Township of Oro-Medonte, Building Division dated August 24, 2021. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. David St. Amand, 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 hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-7 Moved by Scott, Seconded by DeSousa ,N IF It is recommended 1 . That DS2021-125, Danielle Waters, Planner re: Minor Variance Application 2021-A- 50, James Colville and David St Amand, 17 Glacier Crescent be received. 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 setback 6.51 metres (21.3 feet) on the lands municipally known as 17 Glacier Crescent, Township of Oro- Medonte, be approved, subject to the conditions as outlined below. Page 7 of 28 Page 10 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 a) — location in front yard, Section 5.1 .4 Maximum Height, Section 5.1 .5 — Maximum lot coverage, and Section 5.1 .6 — Maximum floor area of Zoning By-law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed structure is not to be used for human habitation; c) That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d) That the existing entrance to be closed to allow for the new driveway, only one driveway is permitted per lot. e) That the existing sewage system to be relocated to meet the required setbacks from the proposed structure, as per Building Department comments; f) 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 6.51 metres (21.3 feet) from the front lot line. g) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 28 Page 11 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . e) DS2021-131 , Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-51, Richard and Johanna Skippon, 3400 Line 7 North. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Richard and Johanna Skippon. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated August 17, 2021 ; Township of Oro-Medonte, Operations Division dated August 21, 2021 ; Township of Oro-Medonte, Building Division dated August 24, 2021. Aar Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Myles Basic, 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 hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-8 Moved by DeSousa, Seconded by Veitch It is recommended 1. That DS2021-131, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-51, Richard and Johanna Skippon, 3400 Line 7 North 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 DS2021-131 . 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 28 Page 12 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . f) DS2021-136, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-52, Aaron Beerman and Mikhaela Gray, 12 Algonquin Trail. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Aaron Beerman and Mikhaela Gray. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated August 17, 2021; Township of Oro-Medonte, Operations Division dated August 21, 2021 ; Township of Oro-Medonte, Building Division dated August 24, 2021; Kate Bromenshenkel dated August 30, 2021; Jeff and Erin Jackson dated August 30, 2021; Kim Weese dated August 31 , 2021; Tracey Baker dated September 1, 2021. Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Aaron Beerman, applicant, was present. 1W N Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-9 ,Wq Moved by Greenlaw, Seconded by Veitch It is recommended 1% 1% 1. That DS2021-136, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-52, Aaron Beerman and Mikhaela Gray, 12 Algonquin Trail be received. 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 deferred to allow the applicant the opportunity for further discussions with staff with respect to the application. Defeated. Page 10 of 28 Page 13 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . Motion No. DSC210901-10 Moved by Keane, Seconded by DeSousa It is recommended 1. That DS2021-136, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-52, Aaron Beerman and Mikhaela Gray, 12 Algonquin Trail be received. 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 approved subject to the conditions as outlined in Report DS2021-136. 3. The conditions are as follows: a) That notwithstanding Section 5.1 .3 (a), Section 5.1.4 and Section 5.1 .6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That 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 accessory building is located no closer than 3.66 m (12.0 feet) from the front lot line; and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 11 of 28 Page 14 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . 6. 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; 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]. 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 Jacob Smith. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated August 10, 2021 ; Township of Oro-Medonte, Operations Division dated August 10, 2021 ; Township of Oro-Medonte, Building Division dated August 24, 2021; Hayden Durocher dated August 23, 2021; Thomas Quint dated August 23, 2021. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. . Jacob Smith, applicant, was present. A PowerPoint presentation was presented. 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. lqllh Nob, Item 8a) was dealt with at this time. 1"Q Page 12 of 28 Page 15 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . 8. Reports of Municipal Officers: a) DS2021-124, Danielle Waters, Planner re: 2021-ZBA-11 , Jacob Smith, Temporary Use By-law Garden Suite (Granny Flat), 4 Richelieu Road. Motion No. DSC210901-11 Moved by Hough, Seconded by Greenlaw It is recommended 1. That DS2021-124, Danielle Waters, Planner re: 2021-ZBA-11 , Jacob Smith, Temporary Use By-law Garden Suite (Granny Flat), 4 Richelieu Road 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 appropriate draft 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 be brought forward for Council's consideration. 4. That the applicant be advised of the Committee's decision under the Director, Development Services signature. Carried. Page 13 of 28 Page 16 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . 7. Public Hearings: a) DS2021-132, Michael Barton, Township Planning Consultant re- Minor Variance Application 2021-A-53, Logan Pryce, 18 Lakeview Road. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Logan Pryce. The following correspondence was received- Township of Oro-Medonte, Manager, Development Engineering dated August 17, 2021; Township of Oro-Medonte, Operations Division dated August 21 , 2021 ; Township of Oro-Medonte, Building Division dated August 24, 2021. 4100F 1%11%L Andria Leigh, Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Matt Pryce, on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. b, Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-12 Moved by Scott, Seconded by DeSous It is recommended 1. That DS2021-132, Michael Barton, Township Planning Consultant re- Minor Variance Application 2021-A-53, Logan Pryce, 18 Lakeview Road 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 DS2021-132. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 14 of 28 Page 17 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . b) DS2021-126, Danielle Waters, Planner, re: Minor Variance Application 2021-A-54, Mark Levin, 14 Procee Circle. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Mark Levin. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated August 17, 2021 ; Township of Oro-Medonte, Operations Division dated August 21, 2021 ; Township of Oro-Medonte, Building Division dated August 24, 2021; Nottawasaga Valley Conservation Authority dated August 25, 2021. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Darren Lougheed, 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 hearing. A90011b, it "4� 'X There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-13 11 Moved by Greenlaw, Seconded by Keane It is recommended 1 . That DS2021-126, Danielle Waters, Planner, re: Minor Variance Application 2021-A- 54, Mark Levin, 14 Procee Circle 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 DS2021-126. 3. That this Decision 2021-A-54 supersedes and renders null and void the previous Decision 2019-A-65 pertaining to these same lands. 4. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 15 of 28 Page 18 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . c) DS2021-133, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-55, Bruce Duncan, 9 Georgina Drive. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Bruce Duncan. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated August 17, 2021 ; Township of Oro-Medonte, Operations Division dated August 21, 2021 ; Township of Oro-Medonte, Building Division dated August 24, 2021. Aff Andria Leigh, Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Matt Pryce, 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 hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-14 Moved by Veitch, Seconded by Scott It is recommended 4 1. That DS2021-133, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-55, Bruce Duncan, 9 Georgina Drive be received. 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 DS2021-133, as amended, to add the following condition as follows: • That the applicant satisfy any permits and/or approvals required from the Lake Simcoe Region Conservation Authority. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 16 of 28 Page 19 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . d) DS2021-144, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-57, Norman and Laurette McCracken, 363 Scarlett Line. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Norman and Laurette McCracken. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated August 19, 2021; Township of Oro-Medonte, Building Division dated August 21, 2021; Township of Oro-Medonte, Operations Division dated August 21 , 2021; Nottawasaga Valley Conservation Authority dated August 25, 2021 . Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Norman McCracken, 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 hearing. A90011b, it "4� 'X There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-15 Moved by Hough, Seconded by Greenla It is recommended 1 . That DS2021-144, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-57, Norman and Laurette McCracken, 363 Scarlett Line 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. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 17 of 28 Page 20 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . e) DS2021-127, Danielle Waters, Planner re: Minor Variance Application 2021-A-58, Brian Kennedy, 5 Valleycrest Drive. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Brian Kennedy. The following correspondence was received: Township of Oro-Medonte, Environmental Services dated August 17, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated August 19, 2021 ; Township of Oro-Medonte, Operations Division dated August 21, 2021 . Adir Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Allan McLellan, on behalf of the applicant, and Brian Kennedy, applicant, were present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-16 1% "4% — Moved by Scott, Seconded by DeSousa It is recommended 1. That DS2021-127, Danielle Waters, Planner re: Minor Variance Application 2021-A- 58, Brian Kennedy, 5 Valleycrest Drive 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 DS2021-127. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 18 of 28 Page 21 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . f) DS2021-137, Danielle Waters, Planner re: Minor Variance Application 2021-A-59, Harold and Sue Regan, 8 Simcoeside Avenue. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Harold and Sue Regan. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated August 17, 2021 ; Township of Oro-Medonte, Building Division dated August 21 , 2021; Township of Oro-Medonte, Operations Division dated August 21, 2021; Lake Simcoe Region Conservation Authority dated August 24, 2021. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Harold Regan, applicant, was present. or Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-17 Moved by Keane, Seconded by Hough It is recommended 1. That DS2021-137, Danielle Waters, Planner re: Minor Variance Application 2021-A- 59, Harold and Sue Regan, 8 Simcoeside Avenue 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 DS2021-137. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 19 of 28 Page 22 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . g) DS2021-141 , Andria Leigh, Director, Development Services re: Minor Variance Application 2021-A-60, Robert and Kelly Talaska, 372 Line 11 South. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Robert and Kelly Talaska. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated August 19, 2021 ; Township of Oro-Medonte, Building Division dated August 21 , 2021; Township of Oro-Medonte, Operations Division dated August 21, 2021; Lake Simcoe Region Conservation Authority dated August 24, 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 hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-18 1% "4% — Moved by DeSousa, Seconded by Greenlaw' It is recommended 1. That DS2021-141, Andria Leigh, Director, Development Services re: Minor Variance Application 2021-A-60, Robert and Kelly Talaska, 372 Line 11 South 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 DS2021-141. 3. That the applicant be advised of the Committee's decision under the Secretary- Treasurer's signature. Carried. Page 20 of 28 Page 23 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . h) DS2021-128, Danielle Waters, Planner re: Consent Application 2021-B-30, Melville Richard Mawdsley, 545 Line 13 North. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Melville Richard Mawdsley. The following correspondence was received: Enbridge Gas Inc. dated August 17, 2021; Township of Oro-Medonte, Manager, Development Engineering dated August 17, 2021; Lake Simcoe Region Conservation Authority dated August 24, 2021; County of Simcoe, Planning Department dated August 27, 2021; Township of Oro-Medonte, Operations Division dated August 30, 2021. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Chrisandra Firth, 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 hearing. it "4� 'X There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-19 Moved by Hough, Seconded by Scott41k It is recommended 416, 1 . That DS2021-128, Danielle Waters, Planner re: Consent Application 2021-B-30, Melville Richard Mawdsley, 545 Line 13 North be received and adopted. 2. That Application 2021-B-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 DS2021-128. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 21 of 28 Page 24 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . i) DS2021-134, Michael Barton, Township Planning Consultant re: Consent Application 2021-B-31, John and Henrietta Houston, 3276 Penetanguishene Road. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by John and Henrietta Houston. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated August 19, 2021; Township of Oro-Medonte, Building Division dated August 21 , 2021; Township of Oro-Medonte, Operations Division dated August 21, 2021; County of Simcoe, Transportation and Engineering dated August 27, 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*. 4J&,,, Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-20 Moved by Greenlaw, Seconded by Keane It is recommended 1. That DS2021-134, Michael Barton, Township Planning Consultant re: Consent Application 2021-B-31, John and Henrietta Houston, 3276 Penetanguishene Road be received. 2. That the Development Services Committee grant Provisional Consent to Application 2021-B-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 DS2021-134, as amended, to add as an additional condition as follows: • The applicant shall transfer to the Corporation of the County of Simcoe ("County"), at no cost, fee simple, unencumbered interest in 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; 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 22 of 28 Page 25 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . j) DS2021-139, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B- 32, Natalie Brunelle and Lise Brunelle, 3342 Penetanguishene Road. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Natalie Brunelle and Lise Brunelle. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated August 19, 2021; Township of Oro-Medonte, Operations Division dated August 21, 2021 ; Township of Oro-Medonte, Building Division dated August 24, 2021; Nottawasaga Valley Conservation Authority dated August 25, 2021; County of Simcoe, Transportation and Engineering dated August 25, 2021. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Celeste Phillips 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 hearing. Affiffilr " � " � Ift AMIFINISM6, There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-21 Moved by Scott, Seconded by Veitch It is recommended `% 'X 1. That DS2021-139, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-32, Natalie Brunelle and Lise Brunelle, 3342 Penetanguishene Road be received. 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 DS2021-139, as amended, to add as an additional condition as follows: • That the applicant apply to the County of Simcoe for an Entrance Permit for the severed and retained parcels; 3. That the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. Carried. Page 23 of 28 Page 26 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes - Wednesday, September 1 , 2021 . k) 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. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Skyline Horseshoe Valley Inc. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated August 19, 2021; Township of Oro-Medonte, Building Division dated August 21 , 2021; Nottawasaga Valley Conservation Authority dated August 25, 2021; Township of Oro-Medonte, Operations Division dated August 30, 2021 ; Olga and Lorne Gergin dated August 31, 2021 . Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Derrick Canete, 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 hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-22% "4% Moved by DeSousa, Seconded by Hough It is recommended 1. That 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 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 DS2021-140; 3. 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 DS2021-140; 4. That the applicant be advised of the Committee's decision under the Secretary- Treasurer's signature. Carried. Page 24 of 28 Page 27 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . 1) DS2021-142, Andria Leigh, Director, Development Services re. Consent Applications 2021- B-35, 2021-B-36 and 2021-B-37, 2848284 Ontario I nc., 50 Jamieson Drive. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by 2848284 Ontario Inc. The following correspondence was received: Enbridge Gas Inc. dated August 17, 2021; Township of Oro-Medonte, Manager, Development Engineering dated August 17, 2021; Township of Oro-Medonte, Operations Division dated August 21, 2021; Lake Simcoe Conservation Authority dated August 24, 2021. Andria Leigh, Director Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Angela Baldwin, Baldwin Planning Consultants, 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 hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-23" Moved by Veitch, Seconded by Keane It is recommended 1. That 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 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 DS2021-142. 3. 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 DS2021-142. 4. 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 DS2021-142. 5. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 25 of 28 Page 28 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . m) DS2021-143, Andria Leigh, Director, Development Services re: Minor Variance Application 2021-A-56, Stephen Arbib, 65 Maplewood Parkway. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Stephen Arbib. The following correspondence was received: Township of Oro-Medonte, Building Division dated August 21 , 2021; Township of Oro-Medonte, Operations Division dated August 21 , 2021; Lake Simcoe Region Conservation Authority dated August 24, 2021. Andria Leigh, Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Andrew McIntyre, on behalf of the applicant, was present. 'X Staff confirmed that no additional public registrations were received." Staff confirmed that no additional correspondence from the public was received during this hearing. X%6, X There being no further comments or questions, the hearing adjourned. Motion No. DSC210901-24 Moved by Greenlaw, Seconded by Scott It is recommended - h - 1 . That DS2021-143, Andria Leigh, Director, Development Services re: Minor Variance Application 2021-A-56, Stephen Arbib, 65 Maplewood Parkway 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 DS2021-143. 3. That that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 26 of 28 Page 29 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . 8. Reports of Municipal Officers: b) DS2021-122, Andria Leigh, Director, Development Services re: OLT Hearing Representation, Minor Variance Application 2021-A-21 (Robu), 259 Moon Point Drive. Motion No. DSC210901-25 Moved by Greenlaw, Seconded by Hough It is recommended 1. o That DS2021-122, Andria Leigh, Director, Development Services re: OLT Hearing Representation, Minor Variance Application 2021-A-21 (Robu), 259 Moon Point Drive be received and adopted. 2. That staff proceed with Option 1 as outlined in DS2021-122 in preparation for the November 3, 2021 Ontario Land Tribunal (OLT) hearing. 1% Carried. c) DS2021-123, Andria Leigh, Director, Development Services re: OLT Hearing Representation, Minor Variance Application 2021-A-22 (Govender), 35 Landscape Drive. Motion No. DSC210901-26 Moved by DeSousa, Seconded by Scott It is recommended 1. That DS2021-123, Andria Leigh, Director, Development Services re: OLT Hearing Representation, Minor Variance Application 2021-A-22 (Govender), 35 Landscape Drive be received and adopted. 2. That staff proceed with Option 2 as outlined in DS2021-123 in preparation for an upcoming Ontario Land Tribunal (OLT) hearing when scheduled. Carried. Recorded Vote Requested by Councillor Veitch Councillor Veitch Nay Councillor DeSousa Yea! Councillor Greenlaw Nay'' Deputy Mayor Hough Nay Councillor Keane Yea Councillor Scott Yea Mayor H.S. Hughes Yea Page 27 of 28 Page 30 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 1 , 2021 . 9. Next Meeting Date: Wednesday, October 6, 2021. 10.Adjournment: a) Motion to Adjourn. Motion No. DSC210901-27 Moved by Scott, Seconded by Hough It is recommended that we do now adjourn at 10:22 p.m. Carried. Mayor H.S Hughes, Chair Andria Leigh, Director, Development Services Page 28 of 28 Page 31 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2021-152 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # October 6, 2021 Minor Variance Application 2021-A-47 Roll #: Adam Boyce R.M.S. File #: 4346-020-005-03947 67 Slalom Drive D13 59777 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-152 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 126.4 m2 (70 m2 permitted), be approved subject to the conditions as outlined in Report DS2021- 152. 3. The conditions are as follows: a) That notwithstanding Section 5.1 .3, Section 5.1 .4 and Section 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services October 6, 2021 Report No. DS2021-152 Page 1 of 18 Page 32 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... 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 129.1 m2 (1,389.6 ft2) 2-storey dwelling (66.9 m2 or 720 ft2 on the first floor and 62.2 m2 or 669.6 ft2 on the second floor), 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). 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 frontage on Slalom Drive. The subject property backs onto 7 Line 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 This application was deferred at the September 1, 2021 Development Services Committee meeting and has been revised based on consultation with Township staff. The revised 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 (interior side) 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 63.2 m2 (680 ft2). There is also a proposed second floor area that has been identified for storage purposes and will have a gross floor area of 63.2 m2 (680 ft2), resulting in a total gross floor area of 126.4 m2 (1,360 ft2). The proposed floor area and lot coverage of the detached garage have been reduced from the original proposal. On this basis, the proposed accessory garage will be slightly smaller in lot coverage and floor area than the single detached dwelling on the property. However, the proposed building height and setbacks remain consistent with the original Development Services October 6, 2021 Report No. DS2021-152 Page 2 of 18 Page 33 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... application. 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 detached accessory building in the front yard (8.8 metres or 28.9 feet from the front property line); 2. To permit maximum height of a detached accessory building or structure, except boathouses, greater than 4.5 metres (5.8 metres proposed); and 3. To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (126.4 m2 proposed). 4. Zoning Review Table 1 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. 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 will have a smaller 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 proposed garage will be Development Services October 6, 2021 Report No. DS2021-152 Page 3 of 18 Page 34 of 272 6.a) 5.30 p.m. DS2O21-152, Michael Barton, Township Planning Consultant ... structure and is subject to the incidental or subordinate to provisions of Section 5.1. 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 all zones[By-law 2004-063,2015-192, structures,except boathouses,shall: front yard,8.8 metres from 2017-0121 the front property line 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 Development Services October 6, 2021 Report No. DS2021-152 Page 4 of 18 Page 35 of 272 6.a) 5.30 p.m. DS2O21-152, Michael Barton, Township Planning Consultant ... 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 4.5%proposed(1.1%for existing detached accessory buildings and detached garages+3.4%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 126.4 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. 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 on the basis that the proposal will allow for enhanced use of the existing single detached dwelling and more efficient use of the subject property with no adverse impacts to important natural heritage features on or in close Development Services October 6, 2021 Report No. DS2021-152 Page 5 of 18 Page 36 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... proximity to the subject property given that there will be no changes to the site characteristics. 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 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. 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, it is my opinion that the proposal for the subject property and the requested minor variances maintains the general purpose and intent of the County of Simcoe Official Plan. The size and scale of the proposed detached garage has been reduced from the original proposal and is "accessory" in nature relative to the existing single detached 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. Development Services October 6, 2021 Report No. DS2021-152 Page 6 of 18 Page 37 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... • 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 proposed garage will be used as an accessory structure to the existing single detached dwelling 3.1 Strategy even though the garage will be only slightly smaller in both footprint and gross floor area. The planning strategy of this Plan is based on four themes: • The proposed garage is located in an area that maintains existing tree cover and natural heritage • Direction of a significant portion of growth and characteristics on the subject property and in the development to settlements where it can be surrounding area. effectively serviced,with a particular emphasis on • There will be no change to use of the subject primary settlement areas. property as a single detached dwelling with • Enabling and managing resource-based accessory structures,including use of the detached development including agriculture,forestry, garage as a dwelling unit. aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.5 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 and will be used only for garage 3.7.2 To encourage maintenance,protection,and and storage purposes(i.e. no human habitation or restoration of significant natural heritage features and business uses). functions and to conserve the built heritage resources and • The open space character of the subject property cultural heritage landscapes associated with rural and will be maintained. 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); Development Services October 6, 2021 Report No. DS2021-152 Page 7 of 18 Page 38 of 272 6.a) 5.30 p.m. DS2021-152, 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 Residential' on Schedule A of the Township of Oro-Medonte Official Plan. The policy analysis matrix in Table 3 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 • 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. 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 cleared and developed portion of the property. Development Services October 6, 2021 Report No. DS2021-152 Page 8 of 18 Page 39 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... To recognize existing estate,country estate and chalet • The proposed accessory structure has been residential developments in the Township. reduced in both footprint and gross floor area from the original proposal to be smaller than the C4.2 PERMITTED USES single detached dwelling to which it will be accessory. Permitted uses on lands designated Rural Residential on the • The proposed uses in the detached structure will schedules to this Plan are limited to single detached be accessory in nature and will not include human dwellings,home occupations,bed and breakfast habitation or business uses. 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 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); and 3. To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (126.4 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. The proposed detached garage is significantly larger than the two existing accessory structures, and will be similar in floor area and lot coverage to the principle dwelling. While there are no details provided as to how each of the two floors in the proposed structure will be used, there is no indication that this space will be used for human habitation or business purposes and such uses would not be permitted under the Zoning By-Law. For these reasons, it is my opinion that the proposed detached garage satisfies the definition of "Accessory Building or Structure" under the Zoning By- Law as it will 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. The required rear and side yard setbacks are also provided. The revisions to the proposed detached garage footprint and floor area result in a detached structure in the front yard that is slightly smaller than the principle dwelling on the property. While the detached garage will alter the built form character on the property Development Services October 6, 2021 Report No. DS2021-152 Page 9 of 18 Page 40 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... relative to existing conditions, the requested minor variances will maintain the general purpose and intent of the Zoning By-Law. The requested height of 5.8 metres is an increase above the maximum permitted of 4.5 metres but will be relatively consistent with that of the existing single detached dwelling. The reductions to the footprint and floor area of the proposed detached garage relative to the original proposal reduces the overall built form on the property and is more appropriate for an accessory detached building. As a result, it is my opinion that the requested minor variance for height maintains the general purpose and intent of the Zoning By-Law. The requested minor variance to permit maximum floor area of 126.4 m2 includes through 63.2 m2 on both the ground floor and second floor. The application indicates 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. The ground floor and building footprint are less than the maximum of 70 m2 and the proposed use of the second storey is for storage purposes only. The result will be a detached structure that is smaller in lot coverage and floor area than the principle dwelling and uses that are accessory to the residential use in the principle dwelling. It is my opinion that this 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: 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 building that is accessory to the principle dwelling on the property. The reduction in floor area and footprint relative to the original proposal reduces the overall massing of the structure in relation to the principle dwelling and the overall built form on the subject property. Moreover, the use of the ground floor as a Development Services October 6, 2021 Report No. DS2021-152 Page 10 of 18 Page 41 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... garage and the second floor as storage, with no human habitation or business uses proposed, are incidental and subordinate to the dwelling. The development proposal and requested minor variances will have no impacts on natural heritage features on the subject property. Overall, the existing character of the subject property as a single detached dwelling with accessory structures is maintained. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The proposed detached garage is an "Accessory Structure" set out under the Zoning By-Law. The proposed location, height and floor area of the accessory structure, in conjunction with the proposed garage and storage uses, maintain the existing built form character on the subject property and will implement the general purpose and intent of the Official Plan. Moreover, the total lot coverage for detached accessory structures will remain below the 5% permitted on the subject property. Are the variances desirable for the appropriate development of the lot? Yes. The minor variances will maintain the general purpose and intent of the Official Plan and Zoning By-Law and facilitate construction of a detached structure that is subordinate or accessory to the existing single detached dwelling. The existing built form character and use of the subject property for a single detached dwelling with accessory structures will be maintained and will be compatible with the surrounding community. Moreover, the proposed garage and storage uses will facilitate more orderly and functional use of the subject property as single detached dwelling. Are the variances minor? Yes. The requested height is consistent with the existing single detached dwelling and has been requested to accommodate accessory storage on a second storey. The proposed floor area and footprint of the detached garage have been reduced to less than the detached dwelling and will be located in an area that will minimize impact to natural heritage features and existing land uses in the surrounding area. The minor variances are not requested in conjunction with variances to the required setbacks that would bring the structure closer to adjacent properties than permitted under the prevailing zoning regulations. Finally, the minor variances to permit the detached structure will not result in adverse impacts to the existing uses and built form character on the subject property. 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. Development Services October 6, 2021 Report No. DS2021-152 Page 11 of 18 Page 42 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — No comments on 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 Development Services October 6, 2021 Report No. DS2021-152 Page 12 of 18 Page 43 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... Conclusion: I recommend that Minor Variance Application 2021-A-47 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 September 29, 2021 Andria Leigh, Deputy CAO/Director, Development Services September 29,2021 Development Services October 6, 2021 Report No. DS2021-152 Page 13 of 18 Page 44 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... Schedule 1: Location Ma fio 59 9 8 61 62 64Ob�s�One 5426 63 Cues 6 66 65 2 4 dry@ 1 1 68 16 Subject Lands 69 7a 14 71 72 12 10 74 76 N 8 W ! Schedule 2: Aerial Photo . RUR2 Map Layers- i r1 IF Ilk F iJF, Development Services October 6, 2021 Report No. DS2021-152 Page 14 of 18 Page 45 of 272 6.a) 5.30 p.m. DS2021-152, 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 October 6, 2021 Report No. DS2021-152 Page 15 of 18 Page 46 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan LINL0I&A 'PFkVF 3a18n 7 •r' M ' ,- J7Z M T9oPa5�1> 13. 1 M s � AL IC 7, 1 S L Aga KA�R1� o G vk 4 ,TJ t c- i`1,i�: T' �M j•1i �•Z JtOA. t bAIJ 1d IC OL 7h LINE Na;;�TH Development Services October 6, 2021 Report No. DS2021-152 Page 16 of 18 Page 47 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings I r Development Services October 6, 2021 Report No. DS2021-152 Page 17 of 18 Page 48 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... sro� Vr�r_w - n 1i f A I 1 Development Services October 6, 2021 Report No. DS2021-152 Page 18 of 18 Page 49 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... From:Saunders, David <dsaunders@oro-medonte.ca> Sent: September 17, 2021 1:31 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-47) Boyce Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 50 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: September 17, 2021 8:17 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-47) Boyce Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 51 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... From: Al Woodward <albie.woodward@gmail.com> Sent: September 21, 2021 8:19 AM To: Planning<Planning@oro-medonte.ca> Subject: Fwd: Application 2021-A-46 Objection Re: Application 2021- A-47 Dear Council Outlined below are my objections to a previous application 2021-A-46 Under separate cover I have objected to the current Application 2021-A-47. My objections still apply to this new application and I would appreciate these objections be added to my separate email of Sept 21, 2021. Thank you for your attention in this matter. Al Woodward 70 Slalom Dr. Moonstone, Ont. ---------- Forwarded message --------- From: Al Woodward<albie.woodwardkgmail.com> Date: Fri, Aug 20, 2021 at 9:06 PM Subject: Application 2021-A-46 Objection To: <plannin oro-medonte.ca> Cc: <albie.woodward2gmail.com> 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 Page 52 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... 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 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. Page 53 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... From: Al Woodward <albie.woodward@gmail.com> Sent: September 21, 2021 8:08 AM To: Planning<Planning@oro-medonte.ca> Subject:Application 2021-A-47 Objection Dear Council, Objection to this Application remains similar to my objections to the withdrawn Application 2021-A-46 which I will forward again under separate cover. As I see it the only revision here is a downsizing of the structure from 162.6 sq. meters to 126.4 sq. meters, still more than 2 times the size of the existing structure. We are still looking at variances 1) To move the structure to the front yard. 2) To increase the maximum height allowed. 3) To increase the maximum lot coverage. As per my original submission, I see this as a disguised application for a full blown building addition and not just a garage. In this regard, all of my previous objections and suspicions apply. (that the second floor will soon become living quarters) once inspections and approvals are obtained). Indeed, the pencil sketch shows windows not typical for a second floor garage but more in line with living space, be it a family room or bedrooms and no doubt a washroom to be tied into the existing septic system which would not have been approved for the suspected additional living quarters. Again, my objection would not be to a rear lot garage and my hope is that Council will see this as a disguised application for a garage and expanded living quarters. Thank you for your attention in this matter, Al Woodward 70 Slalom Dr. Page 54 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... From: Wilson, Delanie <dwilson@oro-medonte.ca> Sent: September 23, 2021 10:39 AM To: Planning<Planning@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca>; Craig,Jason <jcraig@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-47) Boyce Building division has no comment at this time. Kind regards, Delanie Wilson Deputy Chief Building Official Township of Oro-Medonte Page 55 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... -00 o O m Q 3 [fi 1 N O N O C6 U QL Q O (D _ a) > CU C6 •L.- 4-0 cn LO CU E -0 > CU U) C �0 o a) O .� ry . . . . � a V i � N O U Page 56 of 272 6.a) 5.30 p.m. DS2021-152, Michael Barton, Township Planning Consultant ... � � w CU ,— E � W o t 0) h O •� rn 00 V to IN 0 ^ _0 °O CT a C6 O CU oo U 4-0 E 660 U x c°Oo O o ��CO r 0) C6 N Co .C: 720 E E C6 O 4-0T -- aU aU NCU CU 0 0 0 0 CU o cB a--� C a) N N T O CU C7 ce) In O a) �76 a) � N � 76 CU -6 � � (D }� U +� O � O 0 0 O o 0) O O Q U Cu) QE Qo C Q— � CU C6 O O CO P O O o � oo U a""i a--i Td J4 �aLn Lar � 0 � NH �~ Q W a) L, U U CL O L Q O CU U a) U U O .� a U U CU a) CU U a) CU a) 70 Q) O Cn `U 0 CU (U o c� a) o -� (U ._ a) o a) J CU 2) U LO CS 0 CU �n�, 70 �, O O U n` W . _ � LO W 0) O E E E (! E 2 73 =5CU I� �. 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Township of Report 0 Fraud Heriage, Exciting Future Report No. To: Prepared By: DS2021-153 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # October 6, 2021 Minor Variance Application 2021-A-61 Roll #: 2715241 Ontario Inc. R.M.S. File #: 4346-010-006-14700 493 Penetanguishene Road D13 59926 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-153 be received and adopted. 2. That Minor Variance Application 2021-A-61 by 2715241 Ontario Inc., specifically for permission to build a detached garage with a maximum height of 6.2 metres (20.2 feet) and maximum floor area of 231.4 m2 (2491 sq. ft.) and located 20.0 metres (66 feet) from the top of bank of a watercourse and 7 metres (23 feet) from the boundaries of the Environmental Protection Zone, be deferred to obtain NVCA comments and determine the requirement for a Natural Heritage Evaluation to support the application; 3. 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 The subject property is located at 493 Penetanguishene Road, 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 single detached dwelling with a circular driveway and surface parking area in the front yard. The area to the north side of the existing dwelling is also used for outdoor storage. The property is accessed by two driveways from Penetanguishene Road. The subject property has an area of approximately 15,402 m2 (1 .54 ha) with frontage of roughly 49.4 metres (162 feet) of frontage on Penetanguishene Road. The subject Development Services October 6, 2021 Report No. DS2021-153 Page 1 of 23 Page 64 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... property backs onto Willow Creek and the surrounding Environmental Protection Zone that occupies a significant portion of the property. Schedule 3 includes site photographs illustrating the existing site conditions and uses. The Applicant has indicated that the existing detached dwelling was constructed in 1969 and been used by the current owner since March 2021 . It is important to note that the dwelling is partially located within the Environmental Protection Zone, as a legal non- conforming condition, thus providing no setbacks to the limit of this zone. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Greenlands • Township of Oro-Medonte Official Plan: Agricultural • Zoning By-Law: Agricultural Rural (A/RU) and Environmental Protection (EP) • Nottawasaga Valley Conservation Authority: Regulated Area 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 on the north side of the existing single detached dwelling. Based on the site plan submitted with the application, the proposed detached garage will be located 1.524 metres (5.0') from the north wall of the existing dwelling and 2.92 metres (9'-7") from the north property line. The proposed site plan also shows the approximate location of the Environmental Protection Zone boundary, which is also where the A/RU zoning changes to EP. The options for the location of the proposed detached garage are limited by the location of the existing dwelling (and its front yard), the Environmental Protection Zone (within which the existing dwelling is located) and the available space in the north side yard. In order to achieve the Township's Zoning By-law requirement under Section 5.27, being 30 metres from the limits of an Environmental Protection (EP) Zone, the proposed accessory building would be required to be placed within the circular driveway and would then necessitate a variance from Section 5,13 (a) to permit he accessory building in the front yard. Based on the information provided by the Applicant in the application and drawing package, the ground floor will be used for parking vehicles and will have a gross floor area of 120.8 m2 (1,300 ft2). The proposed second floor area that has been identified for open space and storage purposes and will have a gross floor area of 110.6 m2 (1 ,191 ft2), resulting in a total gross floor area of 231.4 m2 (2,491 ft2). The drawing package submitted by the Applicant includes conceptual elevations for the proposed structure that show windows on all sides of both the first and second storey of the Development Services October 6, 2021 Report No. DS2021-153 Page 2 of 23 Page 65 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... proposed accessory structure. 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 a building or structure to be located within 30.0 metres (98.4 feet) of the top of bank of any watercourse (20 metres (65.6 feet) proposed); 2. To permit a building or structure to be located within 30.0 metres (98.4 feet) of the boundaries of the Environmental Protection Zone (7 metres (23 feet) proposed); 3. To permit maximum building height greater than 4.5 metres (14.7 feet) for a detached accessory structure (6.2 metres (20.2 feet) proposed); and 4. To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 100 m2 (1 ,076.4 ft2) (231.4 m2 or 2,491 ft2 proposed). 4. Zoning Review Table 1 includes a review of the applicable zoning standards. The intent of the proposal is to construct a 2-storey detached garage in the north side yard that exceeds the maximum permitted height and floor area for a detached accessory building or structure and is located closer to an Environmental Protection Zone and watercourse than permitted. 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 will have a smaller may be erected or used for a purpose, footprint and lot coverage 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 plans show use of the use to which they are related.For the structure for parking and purposes of this by-law a retaining wall storage uses,with no human with a height of 1.0 metre(3.2 feet)or habitation or business uses. more is considered an accessory • It is my opinion that the structure and is subject to the proposed garage and storage provisions of Section 5.1. uses will be Development Services October 6, 2021 Report No. DS2021-153 Page 3 of 23 Page 66 of 272 6.b) 5.40 p.m. DS2O21-153, Michael Barton, Township Planning Consultant ... incidental/subordinate to the main use of the property for a single detached dwelling. However,the plans provided with the application indicate that the detached garage will be similar in height and massing to the principle dwelling. 5.1.1 Uses Permitted in Detached No detached accessory building or • The floor plans provided with Accessory Buildings and Structures[By- accessory structure shall be used for the application do not law 2015-1921 human habitation or an occupation for indicate any areas of non- gain,unless specifically permitted by compliance with this this By-law.A detached accessory regulation. 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 accessory buildings and structures in law,detached accessory buildings and garage will be located in the all zones[By-law 2004-063,2015-192, structures,except boathouses,shall: north side yard,2.92 metres 2017-0121 from the property line. a)Not be located in the front yard. • The proposed garage will be Notwithstanding this provision,a located greater than 2 detached private garage is permitted in metres from north interior the front yard of a lot that abuts Lake side yard lot line. 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 Development Services October 6, 2021 Report No. DS2021-153 Page 4 of 23 Page 67 of 272 6.b) 5.40 p.m. DS2O21-153, Michael Barton, Township Planning Consultant ... 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 6.2 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 0.8%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 231.4 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) 5.27 Setbacks from Limits of Notwithstanding any other provision in 7.0 metres(variance required) Environmental Protection Zone this By-law,no building or structure, with the exception of boathouses and The proposed structure is not a pumphouses,shall be located within replacement per the provisions of this 30 metres(98.4 feet)of the boundaries regulation. of the Environmental Protection Zone. This provision shall also not prevent the expansion or replacement of buildings or structures,with the exception of boathouses and pumphouses,that existed on the effective date of this By-law within this setback area,provided the expansion or replacement does not have the effect of reducing the setback from the Environmental Protection Zone boundary or increasing the volume or floor area of a building or structure in a minimum required yard. Development Services October 6, 2021 Report No. DS2021-153 Page 5 of 23 Page 68 of 272 6.b) 5.40 p.m. DS2O21-153, Michael Barton, Township Planning Consultant ... 5.32 Setback from Water Courses Notwithstanding any other provision in 20.0 metres(variance required) this By-law,no building,or structure shall be located within 30 metres(98.4 The proposed structure does not back feet)of the top of bank of any onto Lake Simcoe or Bass Lake. watercourse,with the exception of Lake Simcoe and Bass Lake which are The proposed structure is not a dealt with by Section 5.31.This replacement per the provisions of this provision shall also not prevent the regulation. expansion or replacement of building or structures that existed on the effective date of this By-law within this setback area,provided the expansion or replacement does not have the effect of reducing the setback from the top of bank of any watercourse or increasing the volume or floor area of a Building or structure in a minimum required yard. Analysis: I am satisfied that the proposed uses in the two-storey detached garage will be accessory to the existing single detached dwelling. However, the key questions addressed in the following analysis are the following: • Is the proposed location of the accessory structure appropriate given the close proximity to a watercourse and environmental protection zone? • Does the size of the proposed accessory structure satisfy the tests of the Planning Act even if the proposed uses are accessory in nature? 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 it is my opinion that without submission of a scoped Natural Heritage Evaluation (NHE) to support the proposed location and/or NVCA review and supportive comments consistency with the applicable policies of PPS 2020, including the following cannot be determined Development Services October 6, 2021 Report No. DS2021-153 Page 6 of 23 Page 69 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... Part V: Policies (1.0 Building Strong Healthy Communities) - 1 .1 .1 Healthy, liveable and safe communities are sustained by: c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; 2.0 Wise Use and Management of Resources - 2.1.1 Natural features and areas shall be protected for the long term; 2.1 .2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features; The requested minor variances will result in construction of a large accessory structure in a location significantly closer to the watercourse and environmental protection zone on the subject property than permitted under the prevailing zoning regulations. Allowing such a large structure in this location, without the appropriate NHE and/or NVCA approval is not consistent with PPS 2020 policies for avoiding development and land use that may cause environmental concerns and protecting natural features and areas for the long term. 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. It is my opinion that the development proposal does not conform to the applicable Growth Plan policies, including the guiding principle in section 1.2.1 to "protect and enhance natural heritage, hydrologic, and Iandform systems, features, and functions" without additional technical support through an NHE and/or NVCA approval. It is my opinion that additional information is required through either NVCA approval and/or an NHE to confirm that the proposed size and location of the detached structure will not increase the threat to the natural heritage features of the watercourse and surrounding environmental protection zone. Moreover, the additional information noted above, will assist in confirming that the proposal will protect and enhance the natural heritage features of the watercourse and environmental protection zone. 3. Simcoe County Official Plan The subject property is designated "Greenlands" on Schedule 5.1 of the County of Simcoe Official Plan. There is also a "Watercourse" identified on the subject property on Schedule 5.2.2 - Streams and Evaluated Wetlands. Development Services October 6, 2021 Report No. DS2021-153 Page 7 of 23 Page 70 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... 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 proposal for the subject property and the requested minor variances do not maintain the general purpose and intent of the County of Simcoe Official Plan without submission of the NHE or NVCA approval noted above. 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 be located in close proximity to a designated"watercourse" The goals of this Plan are: (Willow Creek)and Environmental Protection Zone without providing the setbacks required under the • To protect,conserve,and enhance the County's Zoning By-Law. natural and cultural heritage; • The subject property is fully within the regulated • To achieve wise management and use of the area of the Nottawasaga Valley Conservation County's resources; Authority(NVCA)due to Willow Creek and the • To implement growth management to achieve surrounding environmental protection area. lifestyle quality and efficient and cost-effective • The required setbacks to the watercourse and municipal servicing,development and land use; environmental protection zone are intended to • To achieve coordinated land use planning among provide appropriate protection and conservation the County's local municipalities and with of these natural heritage features. neighbouring counties,districts,regions,and • The proposed detached garage will expand a single separated cities,and First Nations lands; detached dwelling use that is already legally non- • To further community economic development conforming in terms of its location in the which promotes economic sustainability in Simcoe environmental protection zone. County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy • While the proposed detached garage is accessory to the existing single detached dwelling on the 3.1 Strategy subject property,sufficient information has not been provided to confirm that the close proximity The planning strategy of this Plan is based on four themes: of the proposed structure to the watercourse and limits of the environmental protection zone will • Direction of a significant portion of growth and enhance or protect these important natural development to settlements where it can be heritage features. effectively serviced,with a particular emphasis on • The existing dwelling is already within the limits of primary settlement areas. the environmental protection zone and does not • Enabling and managing resource-based provide the required setbacks to the watercourse. development including agriculture,forestry, The proposal and requested minor variances will aggregates,and tourism and recreation. expand this legal non-conforming condition and • Protection and enhancement of the County's may create the potential for additional adverse natural heritage system and cultural features and impacts to the features,as noted above additional heritage resources,including water resources. information is required to address this. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.8 Greenlands • The proposal could threaten the natural character, form,function and connectivity of the natural Objectives heritage system,particularly the lands around Willow Creek and the established Environmental Protection Zone and therefore the additional Development Services October 6, 2021 Report No. DS2021-153 Page 8 of 23 Page 71 of 272 6.b) 5.40 p.m. DS2O21-153, Michael Barton, Township Planning Consultant ... 3.8.1 To protect and restore the natural character,form, information through the NHE or NVCA approval is function,and connectivity of the natural heritage system of required. the County of Simcoe,and to sustain the natural heritage • The requested minor variances to the required features and areas and ecological functions of the setbacks to the watercourse and environmental Greenlands designation and local natural heritage systems protection zone do not maintain these objectives for future generations. of the Greenlands designation without additional information being submitted as noted above. 3.8.6 To ensure that the Greenlands designation • This proposal represents further expansion of a complements and supports the natural heritage systems single detached dwelling use into areas intended established in provincial plans and is linked with the natural to provide buffer and protection of important heritage systems of adjacent jurisdictions,and to require natural heritage features. local municipalities to identify and protect natural features and ecological functions that in turn complement and support the Greenlands. 3.8.7 To ensure that the location,scale,and form of development respect and support the protection of the County's natural heritage system. 3.8.8 To provide opportunities for natural heritage enjoyment and appreciation and for recreational and tourism uses in keeping with the Greenlands objectives,that foster healthy and liveable communities and enhance the sense of place and quality of life that characterize the County. Watercourses,Shorelines,and Lake Management Plans • No analysis has been undertaken to determine if the proposed detached accessory structure is of a 4.5.25 New development and redevelopment should be size and location that is sufficiently set back from sufficiently set back from rivers,streams,and lakes within the watercourse and environmental protection the County in order to develop vegetative corridors along zone. shorelines and watercourses.The development setback distance shall be determined on-site in consultation with a qualified professional at the applicant's expense.The following factors shall be considered when establishing the setback distance,established through an EIS and slope stability report if necessary,with the intent of protecting significant natural heritage features and ecological functions, providing riparian habitat,and minimizing risk to public safety and property: L soil type; ii.vegetation type and cover; iii.slope of the land including existing drainage patterns; iv.natural heritage features and ecological functions including fish habitat; v.the nature of the development; vi.defined portions of dynamic beaches;and vii.flooding and erosion hazards. Development Services October 6, 2021 Report No. DS2021-153 Page 9 of 23 Page 72 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... 4. Township of Oro-Medonte Official Plan The subject property is designated "Agricultural' on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 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 • While the proposed uses will be accessory to the principle dwelling,additional information is A2.1 Natural Heritage required to confirm that the size and location of the structure will not adversely impact the natural A2.1.1 Goal heritage features of the watercourse and environmental protection zone. It is the goal of this Plan to protect and enhance significant • The legal non-conforming location of the principle natural heritage features and related ecological functions in dwelling does not justify construction of an the Township. accessory structure of similar height and massing that does not provide the appropriate setbacks to A2.1.2 Strategic Objectives the watercourse and environmental protection zone. a)To protect from incompatible development significant • As outlined above,additional analysis through an natural heritage features and their associated ecological and NHE or NVCA comments is required to support the hydrological functions. proposal and confirm that the size and location of c)To ensure that an understanding of the natural the proposal do not threaten the character and environment,including the values,opportunities,limits and quality of the natural heritage features on the constraints that it provides,guides land use decision-making subject property. in the Township. • The setback to the top of bank of the watercourse e)To require that the land use planning process contributes and the limit of the environmental protection zone to the protection,maintenance and enhancement of water could be increased through one or a combination and related resources and aquatic ecosystems on an of the following: integrated watershed management basis. • Moving the proposed detached structure into f)To protect from incompatible development significant the front yard and closer to Penetanguishene woodlands and wildlife habitat areas and the ecological Road;and functions they provide. • Reducing the depth of the proposed detached g)To protect from incompatible development wetlands and structure. Provincially Significant Areas of Natural and Scientific • A minor variance would be required to locate the Interest and the habitats and ecological functions they proposed detached structure in the front yard. provide. Given that the proposal will facilitate more orderly h)To protect natural heritage systems as defined by the use of land and storage of materials,and that Township and the County of Simcoe. locating the proposed structure in the front yard would provide greater setbacks to the top of bank of the watercourse and the limit of the environmental protection area,a variance to permit the structure in the front yard setback may be appropriate,provided it is set back at least a minimum distance equal to the required front yard for the main building.However,such a minor variance would need to be evaluated against the Planning Act tests based on the details of the proposal. SECTION C1—AGRICULTURAL While the subject property is designated "Agricultural",it is currently used as a permitted single detached dwelling. C1.1 OBJECTIVES While most of the policies in this section do not apply to the Development Services October 6, 2021 Report No. DS2021-153 Page 10 of 23 Page 73 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... existing and proposed uses,the policy intent is maintenance a)To maintain and preserve the agricultural resource base of and preservation of the land resources in the Township. the Township. b)To protect land suitable for agricultural production from development and land uses unrelated to agriculture. c)To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. d)To preserve and promote the agricultural character of the Township and the maintenance of the open countryside. C1.2 PERMITTED USES The principle use of land in the Agricultural designation as shown on the schedules to this Plan shall be agriculture. Other permitted uses include single detached dwellings,bed and breakfast establishments,home occupations,home industries,commercial dog kennels,forestry,resource management uses,farm implement dealers and feed and fertilizer distribution facilities,storage facilities for agricultural products,greenhouses,agricultural research and training establishments,farm related tourism establishments,agriculturally-related commercial uses, commercial uses on farm properties and seasonal home grown produce stands.Wayside pits and portable asphalt plants are also permitted.All existing commercial and industrial uses are also permitted.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 and existing recreational uses such as golf courses.The development of new tourist commercial and recreational uses in the Agricultural designation is not contemplated by this Plan. 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 "Agricultural Rural (A/RU)" and "Environmental Protection (EP)". The existing single detached dwelling straddles these zones, which is important given that a detached dwelling is permitted in the A/RU zone but not the EP one. Thus, the existing detached dwelling is a legal non-conforming use. This application includes the following minor variances to permit a proposed detached accessory garage at the north side of front of the subject property and within the A/RU zone: 1. To permit a building or structure to be located within 30.0 metres (98.4 feet) of the top of bank of any watercourse (20 metres (65.6 feet) proposed), Development Services October 6, 2021 Report No. DS2021-153 Page 11 of 23 Page 74 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... 2. To permit a building or structure to be located within 30.0 metres (98.4 feet) of the boundaries of the Environmental Protection Zone (7 metres (23 feet) proposed); 3. To permit maximum building height greater than 4.5 metres (14.7 feet) for a detached accessory structure (6.2 metres (20.2 feet) proposed); and 4. To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 100 m2 (1,076.4 ft2) (231.4 m2 or 2,491 ft2 proposed). It is my opinion that the garage and storage uses proposed in the accessory structure are subordinate to the principle dwelling. However, the proposed height and floor area of this structure will be similar to that of the detached dwelling and represents a significant increase in built form on the subject property. While the size of a structure alone does not necessarily define whether it is "accessory" in nature, in this case, the considerable increase in built form proposed in a location that is closer to a watercourse and environmental protection zone than permitted under the prevailing zoning regulations is an important consideration. It is however recognized that the property overall is 1 .54 hectares in area and is considered to be in a more rural setting where larger accessory buildings are typical. Additionally the proposed structure would be located further from the watercourse and EP zone that the existing dwelling. It is my opinion that without additional information in the form of an NHE or NVCA approval, I am not able to confirm that the requested minor variances will provide the appropriate setback from the natural heritage features on the property. The existing single detached dwelling is located within the environmental protection zone and the required setback to the top of bank of the watercourse. While this is a legal non- conforming condition, the proposed detached accessory dwelling represents an extension of this condition by facilitating construction of a structure that significantly exceeds the maximum permitted height and floor area and cannot provide the required setbacks to the on-site natural heritage features. Additional information as noted above, would be required to confirm that the proposed setback is considered appropriate. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that 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 October 6, 2021 Report No. DS2021-153 Page 12 of 23 Page 75 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... 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 variances have significant potential to adversely impact the natural heritage features on the subject property. The existing single detached dwelling is already located within the environmental protection zone and setback to the watercourse. While this is a legal non-conforming condition, the additional information noted above is required to justify the addition of an accessory dwelling that significantly increases the built form on the property within the required setbacks to the environmental protection zone and watercourse top of bank. It is my opinion that an accessory structure should only be permitted on the subject property in a location that complies with the required setbacks in order to conform to the general purpose and intent of the Official Plan. As noted in this report, the setback to the top of bank of the watercourse and the limit of the environmental protection zone could be increased by moving the proposed detached structure into the front yard and closer to Penetanguishene Road and/or reducing the depth of the proposed detached structure. A minor variance would be required to locate the proposed detached structure in the front yard. Given that the proposal will facilitate more orderly use of land and storage of materials, and that locating the proposed structure in the front yard would provide greater setbacks to the top of bank of the watercourse and the limit of the environmental protection area, a variance to permit the structure in the front yard setback may be appropriate, provided it is set back at least a minimum distance equal to the required front yard for the main building. However, such a minor variance would need to be evaluated against the Planning Act tests based on the details of the proposal. Do the variances conform to the general intent and purpose of the Zoning By-law? No. While it is my opinion that the uses proposed in the detached garage are "accessory" to the principle dwelling, the size of the proposed structure requires significant increases in height and floor area to the maximum required under the prevailing zoning regulations and will significantly alter the built form character of the subject property, with the additional information requirements identified in this report this would be further reviewed to determine if the impact has been mitigated given the rual setting. The accessory structure will expand an existing legal non-conforming condition by permitting the single detached dwelling and accessory uses in a location that does not provide the required setbacks to the environmental protection zone and watercourse. Consequently, the minor variances will not align with the general purpose and intent of the Zoning By-Law to implement the objectives and policies of the Official Plan without further information through either an NHE or NVCA approval. Development Services October 6, 2021 Report No. DS2021-153 Page 13 of 23 Page 76 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... Are the variances desirable for the appropriate development of the lot? No. Without the submission of an NHE to support the proposed application and/or NVCA approval, it cannot be confirmed that the proposal and minor variances are consistent with the Provincial Policy Statement, 2020, conform to the Growth Plan and maintain the general purpose and intent of the Official Plan and Zoning By-Law. The proposal will facilitate construction of a detached structure that significantly alters the existing built form character on the property and places a new structure within the required setbacks to the natural heritage features on the property. No technical analysis has been provided to determine if the proposal and requested minor variances can be accommodated without adversely impacting the watercourse and/or surrounding environmental protection zone. Additionally staff will be seeking confirmation from the applicant that the proposed structure is intended to mitigate the amount of outdoor storage currently existing on the subject property and that the two existing shipping containers were intended to be removed from the 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 considerably alters the existing single detached residential character on the property. This large structure will also be located within the required setbacks to the environmental protection zone and watercourse, which expands upon the legal non-conforming condition of the dwelling being partially situated within the limits of the environmental protection zone. 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: Development Services October 6, 2021 Report No. DS2021-153 Page 14 of 23 Page 77 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. It is my opinion that the proposed development will negatively impact the Township's natural features and attributes, and is not 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 comments on the application. • Township Development Engineering — No objection. • Township Building Division —Applicant to be aware of construction of exposed building face in proximity to existing building. 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-61 be deferred to obtain the NVCA comments and/or submission of an NHE to support the application; and to receive confirmation form the owner that the two shipping containers were intended to be removed once the accessory building was constructed, Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Andria Leigh, Deputy CAO/Director Development Services October 1 ,2021 Development Services October 6, 2021 Report No. DS2021-153 Page 15 of 23 Page 78 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... Schedule 1: Location & Zoning Maps H�®h �dY40 93 off a J r 3n a ss ,/ �1 93 N W+E + Ei_i EP EP Map Layers- AEis I A'RU _ \i ARU EF' m � I i i EP I i i u ARU EI E.p., I�� EP-153 3' ARU ,_,I i i PR ABU ARU EP Lan,Lake Dr A-RU A'RU rj Georgran C, fG0 ARLI I?II ARU Duns A-RU Development Services October 6, 2021 Report No. DS2021-153 Page 16 of 23 Page 79 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo Map Layers— E.F' PLI Lf' Er, LI R , Schedule 3: Site Photos Looking North along Penetanguishene Road Existing Single Detached Dwelling Development Services October 6, 2021 Report No. DS2021-153 Page 17 of 23 Page 80 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... a � Z' w F Location of Proposed Accessory Structure Existing Storage Containers to North of Dwelling ski L Existing Watercourse Behind Dwelling Existing North Side Yard Schedule 4: Site Plan Development Services October 6, 2021 Report No. DS2021-153 Page 18 of 23 Page 81 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... App—i—te E—iro—ta] P-tmion Zone x boundary PROPOSEt7 NEW GARAGE c 20.0 m 7.0 m (65.6 ft) (23.0 ft) EXISTING BUILDING 4 a z � L k" Development Services October 6, 2021 Report No. DS2021-153 Page 19 of 23 Page 82 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings I - i ill :'I 4�rutut�rLL 1''1 Y'1''1 "441111 1 Development Services October 6, 2021 Report No. DS2021-153 Page 20 of 23 Page 83 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... .a ,V•G` y NI 7 6M Y �1 to I® -w� 10, a 7k,i,ItllfT ,rn h h r•w•.. _ � 4n l_6 m_p""..""..., � 1 V ' !. I&V] do IF 04 fir.rAAIY `.:. yV•T Development Services October 6, 2021 Report No. DS2021-153 Page 21 of 23 Page 84 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... x.r d F40►et � ti h H � � w � sm I I I ti .r r.r � I � I MAW AV- I * I I I f, y er J I � I I tl M tw Development Services October 6, 2021 Report No. DS2021-153 Page 22 of 23 Page 85 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... tPad°"�Ci:8g7d"" MEN VOW- _f.nmrmmw �9 ax.mnin f �-a vavo-rarnn �Wr�/l�Ir P�Y�rowN. 1 y � ndbulAn� 6a4Mi� IHM ffY'.4i\Wq�� b � 1 M.yrydm rtletL 1!AN $ h 1�T.ITgq'PUM 1P•1PMIPA �� PC9YCIldLN ,; r 4 Pa 6 iMh%aMa 4 ,—�cPsrnzrowru Development Services October 6, 2021 Report No. DS2021-153 Page 23 of 23 Page 86 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: September 17, 2021 1 .26 PM To: Planning <Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, October 06, 2021 (2021-A-61) 2715241 Ontario Inc. Teresa Development Engineering has No Objection to the above noted Application. Regards, David Saunders Manager, Development Engineering Township of Oro-Medonte Page 87 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: September 17, 2021 8:19 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-61) 2715241 Ontario Inc. Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 88 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... From:Wilson, Delanie <dwilson@oro-medonte.ca> Sent: September 23, 2021 10:49 AM To: Planning<Planning@oro-medonte.ca> Cc: Craig, Jason <jcraig@oro-medonte.ca>; McCartney, Garry<gmccartney@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-61) 2715241 Ontario Inc. Building division comments are as follows: 1 . Applicant to be aware of construction of exposed building face in proximity to existing building. Kind regards, Delanie Wilson Deputy Chief Building Official Township of Oro-Medonte Page 89 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... October 6, 2021 Development Services Committee 6b) Additional correspondence received From: Amy Knapp<aknapp@nvca.on.ca> Sent: October 6, 2021 4:18 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca>; Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-61) 2715241 Ontario Inc. Importance: High Good Afternoon Teresa, In reviewing the application NVCA can advise the following: The property is entirely regulated by the NVCA due to meander erosion hazards, flood hazards, wetlands (Locally Significant), wetland buffer (NVCA regulates development within 120 metres of wetland features). A permit will be required pursuant to Ontario Regulation 172/06 (the Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation) and will be subject to the NVCA minor addition policy and thus limits the sizes of proposed additions and rebuilds to an additional 50%. At this point in time, the proposal does not comply with the NVCA's Minor Addition Policy as follows: Minor Addition: (within flood and erosion hazard areas) To be considered a "minor addition," it must meet the following criteria: P The addition does not increase the number of dwelling units of the existing building or structure. P The addition does not include a basement, regardless if the existing building or structure has a basement, within flood and shoreline erosion hazards. P _ Existing residential uses: a) Ground floor additions: The ground floor addition is 50% or less (30% for shoreline erosion hazards) of the original habitable ground floor area* to a maximum footprint of 100 square metres, or in the case of multiple additions, all additions combined are equal to or less than 50% (30% for shoreline erosion hazards) of the original habitable ground floor area* to a maximum footprint of 100 square metres., OR b) An additional storey: The additional storey does not exceed the original habitable ground floor area*. P * Please Note: the term "original ground floor area"or "original habitable ground floor area"refers to that ground floor area which existed on November 16, 1990, the date that the Authority's Regulation 164 R.R.O. 1990 came into force. Page 90 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... This information was previously communicated to the applicant's consultant (see attached inquiry) Development or redevelopment on the lot may be limited due to the natural hazard features present. Additional development should be located within an area of least (and acceptable) risk. The cost of any additional information (reports/studies) that is requested and considered necessary for the NVCA to make a decision is the responsibility of the applicant. Based on the above NVCA staff do not support approval of this application and recommends the application be deferred until such time as the applicant can demonstrate that the proposal complies with the minor addition policy provision through the submission of a revised site plan. Sincerely, Amy Knapp I Supervisor, Planning Services Nottawasaga Valley Conservation Authority 8195 8ch Line, Utopia, ON LOM 1T0 T 705-424-1479 ext.233 I F 705-424-2115 aknapp@nvca.on.ca I nvca.on.ca Page 91 of 272 6.b) 5.40 p.m. DS2021-153, Michael Barton, Township Planning Consultant ... 0 i I I i I QD --- I I I I ; I z f f F-r- N + ;I �� I it II JII O U I I ♦��r .:�,� JfI (V CU �- 0- 0 CL Q T--- LO Wry CU j O N _0 � .o CU CU � CU > �° " � � o O 4-0 (6 V O Cn 0) U . . 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(II CU X "L C a 70 O 0 F- EENW a � N M Page 102 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-151 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # October 6, 2021 Minor Variance Application 2021-A-62 Roll #: by 2041063 Ontario Ltd. R.M.S. File #: 4346-010-012-34400 5071 Highway 11 North D13 59927 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-151 be received and adopted. 2. That Minor Variance Application 2021-A-62 by 2041063 Ontario Ltd., specifically for permission for the continuation of an existing non-conforming commercial/industrial building possessing a floor area of 260 square metres (2800 square feet) and a height of 7 metres (23 feet), be approved subject to the conditions as outlined in Report DS2021-151 . 3. The conditions are as follows: a) That notwithstanding Table A4 —Agricultural/Rural Zone Permitted Uses, the existing building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the 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; and, c) 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: The subject lands are located on the south side of Highway 11 North, west of Line 14 South and have an area of approximately 12.3 hectares (30.5 acres) and a lot frontage Development Services October 6, 2021 Report No. DS2021-151 Page 1 of 11 Page 103 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... of approximately 585 metres (1920 feet) on Highway 11. A Location Map is included as Schedule 1 to this report and an Aerial Photo is included as Schedule 2. This application is intended to permit the continued commercial/industrial use of a modular, cover-all style building that was constructed without a building permit sometime between the years 2017 and 2020. The Township records include an affidavit from the owner of the property from 1973- 1999 that confirm the use of the property from 1973-75 was an MTO gravel pit, and from 1975-1999 was a commercial logging and lumber operation. Since 1999, the buildings were used for a building supply outlet (window & door sales establishment). On this basis, the above-noted uses pre-date the by-law and may continue as legal non- conforming uses. The lands contain two permanent buildings that are divided into units and used for a number of industrial and commercial purposes. The two permanent buildings have a total floor area of approximately 16,000 square feet. In November 2013, the landowners were granted a Minor Variance (2013-A-46) to add a 347 square metre (3731 square foot) addition to the one 557 square metre (6000 square foot) building for their heating and cooling business which to date, has not been constructed. Since 2013 Council has approved a number of Temporary Use By-laws to permit various uses on the lands and within the existing permanent buildings. Most recently Council passed By-law 2021-083 on July 15, 2021 to permit the following uses for a one year period: • Buildings Supply Outlets and Showroom • Business Offices • Custom Workshops • Retail Stores • Building Contractors Supply Outlet • Auction Centre • Contractor's Yard • Warehouses • Equipment Sales Establishment • Banquet Hall • Recreational Vehicle Sales Establishment (Snowmobiles, 44 vehicles) • Construction Equipment Sales Establishment • Swimming Pool and Spa Sales Establishment • Dock and Seasonal Sales Establishment • Motor Vehicle Sales Establishment (for a maximum of 50 vehicles) • Trailer/Recreational Vehicle Sales Establishment (for a maximum of 135 units) • Mobile/Modular Home Sales Establishment (maximum of 5 units) • Service Shops, Light Development Services October 6, 2021 Report No. DS2021-151 Page 2 of 11 Page 104 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... • Outdoor Storage Uses • Accessory Outdoor Display and Sales (to a maximum of 7 businesses) • Accessory Temporary Seasonal Tents • Temporary Building (maximum of one) The owner has been submitting the above-noted temporary use by-law applications, pending the outcome of the Township's updates to the Official Plan and to the Comprehensive Zoning By-law, through which the owner has requested that the lands be provided permanent permissions for similar commercial and industrial uses. Analysis: Planning Act, R.S.O. 1990, c. P.13 Section 45(2)(a)(ii) of the Planning Act allows the Committee to authorize the use of such land, building or structure for a purpose that, in the opinion of the committee, is similar to the purpose for which it was used on the day the by-law was passed or is more compatible with the uses permitted by the by-law than the purpose for which it was used on the day the by-law was passed, if the use for a purpose prohibited by the by-law or another use for a purpose previously permitted by the committee continued until the date of the application to the committee. For applications to permit a non-conforming use, the consideration is to be based upon both the desirability for development of the property in question, the impact on the surrounding area and conformity with applicable policies. An application for a non- confirming use does not have to meet the four tests for a minor variance. Provincial Policy Statement 2020 The Provincial Policy Statement (PPS) has been reviewed with particular emphasis placed on the following sections: Section 1.1.4 Rural Areas in Municipalities, Section 2.1 Natural Heritage and Section 2.3 Agriculture. According to Section 1.1.4 of the PPS, Rural Areas in municipalities are important to the economic success of the Province and healthy, integrated and viable rural areas should be supported by, among other considerations, promoting diversification of the economic base and employment opportunities through goods and services. The intent of the Minor Variance application is to legalize and recognize the commercial/industrial use of the additional cover-all style building. Section 2.3.1 provides that Prime Agricultural Areas shall be protected for long-term use. The proposed Minor Variance will not affect the agricultural potential lands, which appears to have already been largely negated 30+ years ago due to the way the lands have been used and developed. Development Services October 6, 2021 Report No. DS2021-151 Page 3 of 11 Page 105 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... Section 2.3.6 of the PPS allows planning authorities to permit non-agricultural uses in Prime Agricultural Areas for limited non-residential uses, provided that the following are demonstrated: • The land does not comprise a specialty crop area; • The proposed use complies with the minimum distance separation (MDS) formulae; • There is an identified need within the planning horizon provided for additional land to be designated to accommodate the proposed use; • Alternative locations have been evaluated and there are no reasonable alternative locations which avoid prime agricultural areas. The subject lands do not comprise a specialty crop area, the uses and structures do not create any MDS conflicts, and since the proposed uses are existing, an examination of need and alternative locations is not necessary for the purposes of the a Minor Variance. Based on comments that have been provided by the Lake Simcoe Region Conservation Authority (LSRCA), no natural heritage concerns have been identified. Therefore, Planning Staff is of the opinion that the application is consistent with the PPS. A Place to Grow, 2020 A Place to Grow - Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed Minor Variance conforms to permit the existing uses of the lands which represents "other rural uses" as permitted by the Growth Plan. Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. Section 4.2.4 (Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features) is applicable to this application because the lands are adjacent to a Provincially Significant Wetland. Based on comments that have been provided by the Lake Simcoe Region Conservation Authority (LSRCA), no natural heritage concerns have been identified. Therefore, Planning Staff is of the opinion that the application is consistent with the Growth Plan. Lake Simcoe Protection Plan (LSPP) Based on comments that have been provided by the Lake Simcoe Region Conservation Authority (LSRCA), no natural heritage concerns or conflicts with the LSPP have been identified. Development Services October 6, 2021 Report No. DS2021-151 Page 4 of 11 Page 106 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... Therefore, Planning Staff is of the opinion that the application is consistent with the LSPP. County Official Plan The subject lands are designated "Agricultural" and "Greenlands" in the County of Simcoe Official Plan. The proposed uses are not included as permitted uses on the lands and the County's Official Plan is silent on temporary uses. However, Section 3.11.19 states that, "Uses, buildings and structures legally existing on November 15, 2001 are permitted in every land use designation, and shall be zoned accordingly in the applicable zoning bylaw". Considering the history of land uses on the property and the subsequent temporary use by-laws and considering that comments have been provided by the Lake Simcoe Region Conservation Authority (LSRCA) which do not identify any natural heritage concerns with this application, Planning Staff is of the opinion that the applicant's request for a Minor Variance conforms to the County of Simcoe Official Plan. As of the preparation of this report, the Township has not received comments from the County of Simcoe and the Committee should have regard for any comments that may be received. 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 proposed uses are not included as permitted uses on the lands, however Section E1 .6.1 of the Township's Official Plan contains the policies for Council's consideration non-conforming uses. Section E1.6.1 states, "[as] a general rule, existing uses that do not conform with the policies of this Plan should gradually be phased out". Section E1 .6.2, contains provisions on the "Role of the Committee of Adjustment" and states that "the Committee of Adjustment may ... allow extensions to a non-conforming use ... [in consideration of] the following:" "a) The size of the extension in relation to the existing operation;" The existing building that is proposed to be legalized possesses a floor area of 260 square metres (2800 square feet) and a height of 7 metres (23 feet). It is similar in height to the long-standing buildings on the property, which possess a combined floor area of 1486.45 square metres (16,000 square feet). In Planning Staff's opinion the additional building is modest in size in comparison to the long-standing buildings and does not represent a significant enlargement of the operation. "b) Whether the proposed extension is compatible with the character of the surrounding area;" The additional building is to be located to the rear of the long-standing buildings and cannot be seen from Highway 11. Surrounding lands consist of rural uses on large lots and the subject lands are heavily buffered by woodlands and wetlands to the south and Development Services October 6, 2021 Report No. DS2021-151 Page 5 of 11 Page 107 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... west. Therefore, the additional building would be considered in character with the surrounding area. "c) The characteristics of the existing use in relation to noise, vibration, fumes, dust, smoke, odours, lighting and traffic generation and the degree to which any of these factors may be increased or decreased by the extension;" The additional building is immediately adjacent to the long-standing commercial/industrial buildings on the lands, within an area that is being used for outdoor storage. Activities within the additional building are not anticipated to increase the noise, vibration, fumes, dust, smoke, odours, lighting and traffic generated by the uses of the lands. "d) The possibilities of reducing these nuisances through buffering, building setbacks, landscaping, Site Plan Control and other means to improve the existing situation, as well as minimize the problems from extension; and," Planning Staff is not aware of any nuisance impacts associated with the subject lands. The relatively large size of the property (12.3 hectares or 30.4 acres), the significant separation from surrounding uses and the presence of the adjacent woodlands and wetland do not necessitate mitigation measures on the lands. "e) The conformity of the proposal with the applicable by-laws and policies of the County of Simcoe." Section 4.11.6 of the County Official Plan states that "This Plan is not intended to prevent the continuation, expansion, or enlargement of legally existing uses which do not conform ... [and] [expansion] or enlargements shall include consideration of ... local official plans and by-laws ...". Therefore, conformity of the proposed variances with the County of Simcoe's Official Plan is dependent on the Committee's determination of whether they meet the intent of the Township's Official Plan and Zoning By-law. Planning Staff is of the opinion that the relatively small additional building in association with the existing non-conforming use of the lands would not exacerbate the non- conformity. Therefore, it is Staff's opinion that the application conforms to Section 4.11 .6 of the County Official Plan. Based on the above, Planning Staff is of the opinion that this application conforms to Section E1.6.1 the Township of Oro-Medonte Official Plan. Zoning By-law 97-95 The subject property is currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP). The two permanent buildings and the more recently constructed cover- all style building are located within the Agricultural/Rural (A/RU) Zone. Section 5.18 of Zoning By-Law 97-95 states that "No lands shall be used and no building or structure shall be used except in conformity with the provisions of this By-law unless such use existed before the date of passing this By-law and provided that it has Development Services October 6, 2021 Report No. DS2021-151 Page 6 of 11 Page 108 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... continued and continues to be used for such purpose, and that such use, when established, was not contrary to a By-law passed under Section 34 of the Planning Act, R.S.O 1990, c.P. 13 or a predecessor thereof that was in force at that time." The intent of Section 5.18 of the Zoning By-law is to ensure that existing non-conforming uses on properties in the Township may not be expanded, such that the expansion may result in an increase in a degree of incompatibility or in any adverse impacts, and that such expansion may not take place without appropriate buffering and mitigation of any negative impacts between such a use, and neighbouring land uses. For the reasons identified earlier in this report, Planning Staff is of the opinion that this application, if approved, would not increase incompatibility or increase any adverse/negative impacts between the uses of the subject lands and neighbouring land uses. The applicant has submitted a Planning Justification dated August 10, 2021 by Morgan Planning and Development, which supports the analysis and findings of Township Planning Staff. 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 2019 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Comprehensive Zoning By-law 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. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism are promoted and strengthened. Development Services October 6, 2021 Report No. DS2021-151 Page 7 of 11 Page 109 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments listed below. Public notice signs were also posted on the subject lands. As of the preparation of this report, no public comments have been received. Agency/department comments received as of the preparation of this report are summarized below. • Development Engineering — no objection. • Operations Division — no comments. • Ministry of Transportation - MTO has no objection to the rezoning of the property, but the site is within MTO permit control area and prior to commencement of any new structures or site plans on/for the site MTO would need to review and issue applicable permits. • Lake Simcoe Regions Conservation Authority —Application is consistent with applicable policies. LSRCA Permit not required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photos Schedule 3: Provincially Significant Wetland and LSRCA Regulated Area Conclusion: On the basis of the above, it is recommended that Minor Variance Application 2021-A- 62 be approved for the reasons that it meets the requirements of Section 45(2)(a)(ii) of the Planning Act, is consistent with/conforms with applicable Provincial, County and Township policies, and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Deputy CAO/Director Development Services September 30, 2021 Development Services October 6, 2021 Report No. DS2021-151 Page 8 of 11 Page 110 of 272 6.c) 5.50 p.m. DS2O21-151 , Derek Witlib, Manager, Planning Services re: ... seyR.d.T -Moo nsfft�Jon HrrJJd. III T II II- 5206 Harsesho all eydt.. J 2384 172 5266 ow•arrfe.Ra. 2456 5219 37 18 �'R�id9R 0.aad - -- 15116 SM. E. 13 1 2273 2401 3 2267 15 22 5 23 54 19 74 51 23 240194 11 79 55 507-1 IN 172 � i29 J 11 232 E78 Schedule 1 Location To�r,sh�- ® Subject Lands ffeAwtV Proud Heritage,Exciting Future 0 300 m File Number:2021-ZBA-08 H Development Services October 6, 2021 Report No. DS2021-151 Page 9 of 11 Page 111 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... :E.RId.T -Moansfft�Jo—Rd. r. T eoo � 15116 Srd.E. � Ho`r iesh�''ry�alleYR. id•Barrie.�Rd. RW4� 91�u- T C' r� J r t Schedule 2 Aerial Photo Township of Subject Lands Proud Heritage,Exciting Future / 0 200 m File Number:2021-ZBA-08 'V Development Services October 6, 2021 Report No. DS2021-151 Page 10 of 11 Page 112 of 272 Schedule6.c) 5-50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re. . . LSRCA Regulated Area ♦p Bluffs,Gre Ian • ►O+O'+i Bl �r i • �!li �r 1 �♦y♦� (UM,4r�♦ ♦♦ i �+ - • . • ♦� DevelopmentOctober Report . Page 11 of 11 Page of 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent: September 15, 2021 9:08 PM To: Planning<Planning@oro-medonte.ca> Cc: Wilson, Delanie <dwilson@oro-medonte.ca>; Craig, Jason <jcraig@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-62) 2041063 Ontario Ltd. The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 114 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: September 15, 2021 8:44 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-62) 2041063 Ontario Ltd. Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 115 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: September 16, 2021 3:18 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-62) 2041063 Ontario Ltd. Teresa Development Engineering has No Objection to the above noted Minor Variance Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 116 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Region conservation authority www.LSRCA.on.ca Sent via e-mail:Teresa Falconi tfalconi@oro-medonte.ca September 22nd, 2021 Township of Oro-Medonte File No: 2021-A-62 LSRCA File No.: VA-168464-062920 Teresa Falconi,Zoning Coordinator Township of Oro-Medonte 148 Line 7 South, Oro-Medonte ON LOL 2EO Dear Ms. Falconi: Re: Application for Minor Variance Owner: 2041063 Ontario Ltd. 5071 Highway 11 North,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 this variance is to permit the continuation of an existing commercial/industrial building that does not currently comply with the permitted uses of the Agricultural/Rural (A/RU)Zone, of the Township's Zoning By-law 97-95, as amended. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing, dated Sep. 151", 2021 • Planning Justification Letter, completed by Morgan Planning & Development Inc., dated Aug. 101", 2021 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interested 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 of the Conservation Authorities Act. LSRCA has also provided comments per our MOU with the Township of Oro-Medonte. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based on our review of the submitted information, it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, Regional, and Local plans. Site Characteristics 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 117 o-fF272.800.465.0437 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Plan ni tse" imp: ... co ervation authority Page 2of3 The subject property lies partially within a regulated area of the LSRCA, as per Ontario Regulation 179/06 of the Conservation Authorities Act. This is reflective of the adjacent Provincially Significant Wetland, located on the eastern half of the property, as well as a watercourse which runs through the same wetland (Bluffs Creek). The subject property is identified as within the 'Agricultural' and 'Greenlands' designation under the County of Simcoe Official Plan, and is designated as 'Agricultural', 'Environmental Protection One', and 'Environmental Protection Two'.The subject property is zoned as Agricultural/Rural (A/RU), and Environmental Protection (EP), by the Township Zoning By-law 97-95. 5071 Highway 11 North,Oro-Medonte Features _J+ Lake Simcoe Region L 5RCA VftW@I ai Baundary L5PP WdwWwA Boundary 1 m R BaLndwy RagtiWenAm `• Assesst"Pared Lat and Canceambn Read Labe€3 ! — WaterC rw ti ,ti �y r l , Senoae '1 •• � K..r lap Sww t Apw Av ` tame e.r Re"" t ' ©'', Laver Faer Munit�alily i' tiL A L 4.3, ►w�f an 4'79 2fY3 Y 'rrnt-sue r�. =a�a tr�a.a rlaaaar.r w}oa 1.l Rr4 AH■rba Ya.fatlWaalanPn le�r�ra�rwrl��Y 1fNCA GY 4wtlY Wit Pnwa�b LVL ewac nre.'iR CbipWArgrlyrnilran.per M lq.rtrrr 9a Hawµ w ars M.Ualilea Mit Mw w{w f aeM1 it W+�=rwr�rl4+i as b�® i'M��hn.YWs.Llr�rnr.4�awF lMia�n wwe ��+^.nraaliNr]440 as alp-RW.16 -XUC 4[ai Srale f. $.d51 Melet3 330 0 1&S 330 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). This proposal has demonstrated consistency with Section 3.1 of the PPS. Page 118 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Plan ni A!9 Mav i(W: ... co ervation authority Page 3 of 3 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. As it is understood that no new development or site alteration would occur within the regulated area, an LSRCA Permit is not required as part of this minor variance application. If future development or site alteration is planned within the regulated area, an LSRCA Permit would be required at that time, and before issuance of municipal building permits. Summary Based on our review of the submitted information, it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, Regional, and Local plans. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated. 2. Ontario Regulation 179/06 does not apply to this minor variance application.Therefore,an LSRCA Permit is not required at this time. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (I.munnoch@lsrca.on.ca) 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 119 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... From: Blaney, Cameron (MTO) <Cameron.Blaney@ontario.ca> Sent: September 24, 2021 12:02 PM To: Planning<Planning@oro-medonte.ca>; Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-62) 2041063 Ontario Ltd. MTO has no objection to the rezoning of the property, but the site is within MTO permit control area and prior to commencement of any new structures or site plans on/for the site MTO would need to review and issue applicable permits. Cameron Blaney I Corridor Management Planner I Simcoe&York Highway Corridor Management Section—Central Operations 159 Sir William Hearst Avenue I Ministry of Transportation 7t" Floor, Building D I Downsview, Ontario I M3M OB7 416-358-7871 Cameron.BlaneyPontario.ca Page 120 of 272 6.c) 5.50 p.m. DS2021-151 , Derek Witlib, Manager, Planning Services re: ... 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Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2021-154 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # October 6, 2021 Minor Variance Application 2021-A-63 Roll #: Jody and Randy Hewitt R.M.S. File #: 4346-010-005-14000 81 Greenwood Avenue D13 59928 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-154 be received and adopted. 2. That Minor Variance Application 2021-A-63 by Jody and Randy Hewitt, specifically for permission to relocate and enlarge the existing non-complying single detached dwelling with a minimum interior side yard setback of 1.81 metres or 6.56 feet (where 3.0 metres or 5.9 feet is required), be approved subject to the conditions as outlined in Report DS2021-154. 3. The conditions are as follows: a) That notwithstanding the Minimum Required Interior Side Yard in Table B1, the single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the 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 October 6, 2021 Report No. DS2021-154 Page 1 of 13 Page 132 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 81 Greenwood Avenue and backs onto Bass Lake, 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 1-storey single detached dwelling, an accessory structure (aluminum shed) in the rear yard and boat house backing onto Bass Lake. The subject property has an area of approximately 944 m2 with frontage of 15.24 metres on Greenwood Avenue. 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 3. The applicant is proposing to relocate the existing 1-storey single detached dwelling, as well as construct an addition to the dwelling, while retaining the existing shed and boat house in the rear yard. Elevation drawings showing the intended appearance of the completed dwelling are included in Schedule 4. The following minor variance to Zoning By-Law 97-95 have been requested by the Applicant: 1 . To permit a Minimum Interior Side Yard Setback of 1.81 metres (5.9 feet) while 3.0 metres (9.8 feet is required). The intent is that is that the enlarged dwelling will comply with all other prevailing zoning regulations, including minimum front and rear yard setbacks, maximum building height, maximum floor area and maximum lot coverage. Moreover, the requested minimum interior side yard setback of 1.81 metres is greater than the current interior side yard setback of 1.56 metres to the current dwelling location. Development Services October 6, 2021 Report No. DS2021-154 Page 2 of 13 Page 133 of 272 6.d) 6.00 p.m. DS2021-154, 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 of the enlarged 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 residential community 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 appeal 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 existing residential community; • The enlarged detached dwelling will facilitate more efficient 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. Development Services October 6, 2021 Report No. DS2021-154 Page 3 of 13 Page 134 of 272 6.d) 6.00 p.m. DS2021-154, 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, it is my opinion that the proposal for the subject property and the requested minor variance 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 enlarged detached dwelling will have no adverse impacts on existing natural heritage The goals of this Plan are: characteristics on and adjacent to the subject property. • To protect,conserve,and enhance the County's • The proposal will make more efficient use of the natural and cultural heritage; subject property without resulting in adverse • To achieve wise management and use of the impacts to the subject property or surrounding County's resources; land uses. • To implement growth management to achieve • While a minor variance is required,the requested lifestyle quality and efficient and cost-effective minimum interior side yard setback is greater than municipal servicing,development and land use; the current interior side yard setback to the • To achieve coordinated land use planning among existing dwelling,which represents a legal non- the County's local municipalities and with conforming condition. 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 residential community. 3.1 Strategy • The enlarged dwelling will be supported by existing services and infrastructure. The planning strategy of this Plan is based on four themes: • The proposal will have no adverse impacts on existing tree cover and natural heritage • Direction of a significant portion of growth and characteristics on the subject property and in the development to settlements where it can be surrounding area. effectively serviced,with a particular emphasis on • There will be no change to use of the subject primary settlement areas. property as a single detached dwelling. • Enabling and managing resource-based • While the interior side yard setback will be less development including agriculture,forestry, than minimum required under the prevailing aggregates,and tourism and recreation. zoning regulations,the proposed setback will be greater than the interior setback to the dwelling in it's current location. Development Services October 6, 2021 Report No. DS2021-154 Page 4 of 13 Page 135 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... • 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 and requested minor variance will maintain the existing single detached dwelling Objectives character on the subject property and have no impact to the rural character of the property and 3.7.1 To recognize,preserve and protect the rural character surrounding area. and promote long-term diversity and viability of rural • There are no natural heritage features on or economic activities. adjacent to the subject property that will be 3.7.2 To encourage maintenance,protection,and impacted by the requested minor variance. restoration of significant natural heritage features and • The existing residential and built form character on functions and to conserve the built heritage resources and the subject property will be maintained,with the cultural heritage landscapes associated with rural and interior side yard setback increased relative to agricultural areas. existing conditions. 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. 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 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 variance 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 dwelling. Development Services October 6, 2021 Report No. DS2021-154 Page 5 of 13 Page 136 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... 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. • The requested minor variance will increase the A2.1.2 Strategic Objectives side yard setback relative to the existing legal non- conforming condition. 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 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. • The reduction in the minimum interior side yard setback will result in a setback that is greater than the existing legal non-conforming condition. SECTION C5—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 • While the interior side yard setback will be less residential area. than required under the prevailing zoning •To protect the natural features of the shoreline area and regulations,the setback will be greater than under the immediate shoreline. existing conditions and will provide an appropriate •To ensure that existing development is appropriately separation from the neighbouring property. serviced with water and sewer services. • The proposal will rely on existing services or replacement of existing services(septic system). 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. Development Services October 6, 2021 Report No. DS2021-154 Page 6 of 13 Page 137 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... 5. Township of Oro-Medonte Zoning By-Law 97-95 The proposal to relocated and enlarge the existing 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 enlarged detached dwelling on the subject property: 1 . To permit a Minimum Interior Side Yard Setback of 1 .81 metres (3.0 metres required). The proposed 1 .81-metre interior side yard setback on the south side of the property will be consistent with (and actually increase) the interior side yard setback to the existing dwelling, which is 1.56 metres. There will be no material changes to the built form character on the subject property and its relationship to the surrounding community. Consequently, it is my opinion that the proposed reduction to 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 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 Development Services October 6, 2021 Report No. DS2021-154 Page 7 of 13 Page 138 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... 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 variance will facilitate construction of an enlarged dwelling that is located within an existing residential community under the "Shoreline" designation. The built form character of the proposed dwelling 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 enlarged detached dwelling will be consistent with the existing dwelling on the subject property and compatible with the properties in the surrounding residential community; and • No new services or infrastructure are proposed to support the structure. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The minor variances will facilitate construction of an enlarged 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 variance will maintain general purpose and intent of Zoning By-Law 97-95 facilitate implementation of the applicable Official Plan policies. The requested variance represents an increase from the existing side yard setback of 1.56 metres while the required 3.0 metres will be provided on the north side yard. Therefore, the existing residential built form use and character on the subject property will be maintained and no adverse impacts will result from approval of the reduced south side yard setback. Adequate space for access around the dwelling and for the maintenance of the property and its buildings would remain. Are the variances desirable for the appropriate development of the lot? Yes. The relocated and enlarged 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 Development Services October 6, 2021 Report No. DS2021-154 Page 8 of 13 Page 139 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... 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. Are the variances minor? Yes. The reduction to the minimum interior side yard setback will not result in any adverse impacts to the subject property or surrounding area relative to the required 3.0-metre setback and will provide a greater side yard setback than the existing legal non- conforming condition. The location of the proposed dwelling on the subject property provides the required 3.0-metre setback on the north side yard in order to provide a built form condition consistent with existing conditions. It is my opinion that the reduced setback will be compatible with the community and not result in adverse impacts to 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. Development Services October 6, 2021 Report No. DS2021-154 Page 9 of 13 Page 140 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... It is my 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. • 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. • Building Department - Applicant/owner to be aware that current septic permit for replacement may require revision to ensure adequate space is being provided. • Alderville First Nation — No problems/issues. • Correspondence dated September 26, 2021 from Applicants, providing additional explanation/background regarding application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Plan Schedule 4: Building Drawings Conclusion: I recommend that Minor Variance Application 2021-A-63 be approved, on the basis that the application meets the four tests of the Planning Act, subject to the conditions set out in this report. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services September 29, 2021 Andria Leigh, Deputy CAO/ Director Development Services September 29, 2021 Development Services October 6, 2021 Report No. DS2021-154 Page 10 of 13 Page 141 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map Bey ; Fz , 71 260 73_' 75 ' 77 >0 e 7s m 8$ j 85� 87, W+ Schedule 2: Aerial Photo Map Layei s— SP ' AL .f. w I Development Services October 6, 2021 Report No. DS2021-154 Page 11 of 13 Page 142 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... Schedule 3: Site Plan I Q �4 ----------- / � /I W -------- ------------------.o.�.- 1 I� i Proposed reduced interior side yard setback. Development Services October 6, 2021 Report No. DS2021-154 Page 12 of 13 Page 143 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... Schedule 4: Building Drawings �1 AEAA PERSPEGTNE VrEW s FA(iNr P�zsp�crrvE vr�w Development Services October 6, 2021 Report No. DS2021-154 Page 13 of 13 Page 144 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent: September 21, 2021 1:07 PM To: Planning<Planning@oro-medonte.ca> Cc: Craig,Jason <jcraig@oro-medonte.ca>; Wilson, Delanie <dwilson@oro-medonte.ca>; Septic <Septic@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-63) Hewitt Building division comments are as follows; 1 . Applicant/owner to be aware that current septic permit for replacement may require revision to ensure adequate space is being provided. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 145 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: September 21, 2021 1:04 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-63) Hewitt Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Regards, David Saunders Manager, Development Engineering Township of Oro-Medonte Page 146 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: September 21, 2021 9:25 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-63 ) Hewitt Teresa Operations has no objections to the application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 147 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... From: Dave Simpson <consultation@alderville.ca> Sent: September 22, 2021 1:07 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-63) Hewitt We don't have any problems or issues with this minor variance in the township of Oro Medonte. Thankyou Consultation coordinator Dave Simpson Alderville First Nation consultation@aldervil le.ca Page 148 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... September 26, 2021 Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Re:Support of Request for Minor Variance—81 Greenwood Ave. Dear Secretary-Treasurer, This letter is in support of our request for a minor variance to seek relief to the interior side yard setback 3.0 meter requirement.The current interior side yard setback on the south side is 1.56 meters. Our intention is to lift, relocate the existing non-complying dwelling, build an addition and install a concrete foundation c/w crawlspace. Once relocated,the dwelling will be more in compliance to the interior side yard setback on the south side bringing it from 1.56 meters to 1.81 meters. My father in-law built the existing dwelling the year my husband was born (1960)and we purchased it from my parents in 2010 with the intention of eventually converting the dwelling into our family home for retirement.We are hoping to keep all his hard work in tact by building on an addition as opposed to having to tear it down and rebuild. The proposed improvement of the house is in line with our existing neighbours, and the proposed project would be an improvement to the neighbourhood. We have spoken to most of our neighbours,they've received the notice of hearing,and all are in support of our plans. Please feel free to contact us with any questions,comments or concerns. Thank you for your time and consideration. Respectfully submitted, Jody Hewitt and Randy/Hewitt 289-979-7486 416-723-1348 Page 149 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... October 6, 2021 Development Services Committee 6d) Additional correspondence received From: Chinoye Sunny<csunny@nvca.on.ca> Sent: October 1, 2021 2:06 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: NVCA Comments -81 Greenwood Ave Hi Teresa, Nottawasaga Valley Conservation Authority(NVCA) staff is in receipt of a minor variance application to seek relief from the provisions of the Township of Oro-Medonte Zoning By-law No. 97-95 regarding the property 81 Greenwood Ave for the following: 1. To relocate and enlarge the existing non-complying single detached dwelling • The proposed minimum interior side yard is 1.81 metres (5.9 feet), whereas the minimum required side yard is 3.0 metres (9.8 feet) Delegated Responsibility and Statutory Comments: The property is partially regulated by the NVCA for natural hazards (flood hazard) associated with Bass Lake at the rear of the property. NVCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 172/06.This regulation, made under Section 28 of the Conservation Authorities Act, enables Conservation Authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Comments for Consideration Due to the flood hazard located on the property, we advise the proposed development is located in an area affected by Ontario Regulation 172/06 where a permit is required from the NVCA under the Conservation Authorities Act for development including site alteration. Conclusion On this basis, any approval of this application should be subject to the following condition: • The Owner shall obtain a permit from the NVCA for works within the regulated area. Thank you for circulating this application and please forward a copy of any decision. Kind regards, Chinoye Sunny I Junior Planner, Planning Services Nottawasaga Valley Conservation Authority 8195 8ch Line, Utopia, ON LOM 1TO T 705-424-1479 1 F 705-424-2115 csunnyaOnvca.on.ca Invca.on.ca Page 150 of 272 6.d) 6.00 p.m. DS2021-154, 6d) Additional correspondence received From: Erin Patricia Evans<epevans@live.com> Sent: October 4, 2021 3:06 PM To: Planning<Planning@oro-medonte.ca> Subject:Variance support Erin.docx Good afternoon, Attached is my approval notification re: Application 2021-A-63 for Jody and Randy Hewitt Thank you Page 151 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... Planning Department 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Re: In Support of Request for Minor Variance—81 Greenwood Ave. Dear City Council Members: My name is Erin Evans, I reside at 79 Greenwood Ave and have for over twenty years. I'm writing this letter to express my support of the proposed renovations at 81 Greenwood Ave.Jody and Randy have been our seasonal neighbours for as long as I can remember and I have been encouraging them to renovate and move here permanently for many years. In conclusion, I'm asking you to vote `yes' on this Minor Variance application as it supports property improvement within our community. Thank you for your time. Respectfully, Erin Evans 79 Greenwood Ave. Page 152 of 272 6.d) 6.00 p.m. DS2021-154, Michael Barton, Township Planning Consultant ... l 5 QD O O C6 U ry QL a) C) Q � N 4-0 U Q (D CU C6 °o Cn a) 4-0 •� C: C: a� 0 > a) aD O Cn O U a� •— oo 0 . . 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I 2 « 2 e k 3 G / m I 7 I / 5 2 \ E I \ f \ ƒ - ƒ � k p G 0 e 0 o I % 12 a ƒ % .0f � � L) I 0 E I \ e 12 2 2 13 £ k a) 0 .2 k / / / 2 k 7 / / / / / / k / & a Page162 0 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-155 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # October 6, 2021 Minor Variance Application 2021-A-64 Roll #: Bruce and Barbara Riddell R.M.S. File #: 4346-030-010-02900 17 Bards Beach Road D13 59929 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-155 be received and adopted. 2. That Minor Variance Application 2021-A-64 by Bruce and Barbara Riddell specifically to permit the construction of an unenclosed deck with a setback of 8.58 metres (28.1 feet) from the Average High Water Mark of Bass Lake on lands municipally known as 17 Bards Beach Road, be approved, subject to the conditions as outlined in Report DS2021-155 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.7 (a) the unenclosed deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed unenclosed deck 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 notwithstanding Section D1.4.1 a) of the Township's Official Plan, an uncovered and unenclosed deck does not constitute habitable space, and therefore Site Plan Control is not required; 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 unenclosed deck be no closer than 8.58 metres (28.1 feet) from the Average High Water Mark of Bass Lake; and, e) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority Permit (NVCA) 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 October 6, 2021 Report No. DS2021-155 Page 1 of 11 Page 163 of 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.04 hectares (0.1 acres) and is currently used as a residential lot, as shown in Schedules 1 and 2. The property currently supports a single detached dwelling. The applicants are proposing to construct an unenclosed deck on the lake side of the dwelling. The applicants are requesting relief from the following Section of Zoning By-law 97-95, as amended: Section 5.7 a - Decks Required. Proposed: 15.0 metres (49.2 feet) from the average 8.58 metres (28.1 feet) high-water mark of Bass Lake The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 1.1.5 — Rural Lands, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas/Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to Lake Simcoe. Section 2.2 — Water aims to "protect, improve or restore the quality and quantity of water". Section 3.1 Natural Hazards is to ensure safety of people and structures. The application is 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. The location of the proposed unenclosed deck is regulated by the NVCA and will require the applicant to obtain a NVCA Permit. Planning Staff is of the opinion that this application conforms to the Provincial Policy Statement, 2020. Development Services October 6, 2021 Report No. DS2021-155 Page 2 of 11 Page 164 of 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... 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 proposal is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already within an established residential subdivision. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their Official Plans. However, this policy is relevant due to the proximity of the lands to an inland lake. The subject lands are not located within any natural heritage designations identified in the Township's or County's Official Plans. Furthermore, pursuant to Section 4.2.4.5 of the Growth Plan 2020, the proposed development is permitted, as the subject lands are located within a developed shoreline 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). The Rural designation permits limited residential development. In Planning Staff's opinion, the applicant's Minor Variance application conforms to the County's Official Plan as the existing single detached dwelling, and by association the proposed unenclosed deck, is permitted on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services October 6, 2021 Report No. DS2021-155 Page 3 of 11 Page 165 of 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... 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, such as the proposed unenclosed deck. Given that Bards Beach Road is a private road, Planning Staff have reviewed Section D1 .4.1 a), which states that all lots that front on private roads shall be subject to Site Plan Control and be subject to a Holding Provision in the implementing Zoning By-law that prohibits any enlargement, renovation or addition to a dwelling unit. In review and interpretation of the policies, Planning Staff do not believe that the construction of an uncovered and unenclosed deck constitutes an enlargement, renovation or addition to the dwelling unit. An unenclosed and uncovered deck does not form habitable space or increase the occupant load of the dwelling. It is understood, that should the deck be enclosed at some point in the future, an application for Site Plan Control would be required. It should be noted, that the Holding provision is on the lot to require a Site Plan Control application, therefore the Holding provision shall not stop the construction of the proposed unenclosed deck if approved by Committee. Therefore, based on the above, the requested variance pertaining to the construction of an unenclosed deck 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 Residential Limited Service Exception 2 Hold (RLS*2 (H)) 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 RLS Zone. The applicants are proposing to build an unenclosed deck and are seeking relief from the Zoning By-law to allow a decrease in the required setback to the Average High Water Mark of Bass Lake. Exception 2 allows for a reduced interior side yard setback. The Holding Provision is placed on the property due to being located on a private road. As noted in the Official Plan section, the Holding Provision shall not stop the construction of the proposed unenclosed deck if approved by Committee. The primary purpose of the Average High Water Mark setback is to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. The location of the proposed unenclosed deck is regulated by the NVCA and will be required to obtain a NVCA Permit, as confirmed by the NVCA comments. 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. Development Services October 6, 2021 Report No. DS2021-155 Page 4 of 11 Page 166 of 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... 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 unenclosed deck will blend in with the area as many other dwellings have lakeside unenclosed decks. Additionally, there is a mature vegetative buffer located along East and West property line, which assists with providing privacy elements for the neighbouring properties. The proposed unenclosed deck is very similar in design and setback to the neighbouring properties deck as well. The proposed structure will not interfere with functional matters such as access to the water or around the dwelling. The current location of the dwelling is within the setback, and therefore to construct the unenclosed deck, there is no other option but to further reduce this setback. 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 unenclosed deck 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 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services October 6, 2021 Report No. DS2021-155 Page 5 of 11 Page 167 of 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection • Township Building Services — No comments • Township Infrastructure and Capital Projects — No comments • Nottawasaga Valley Conservation Authority — Permit required • 1 letter of support 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-64 be approved, specifically, to permit the construction of an unenclosed deck with an Average High Water Mark from Bass Lake setback of 8.58 metres (28.1 feet) on lands municipally known as 17 Bards Beach Road, 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. Development Services October 6, 2021 Report No. DS2021-155 Page 6 of 11 Page 168 of 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services September 29, 2021 Andria Leigh, Deputy CAO/Director, Development Services September 29, 2021 Development Services October 6, 2021 Report No. DS2021-155 Page 7 of 11 Page 169 of 272 6.e) 6.10 p.m. DS2O21-155, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map T� Mao eFmne d. T T nesho Ja ley lRd. r 185 155 lid. Y C J 8 N fA m 00212 216 4 z 11 �e1 �h St 8732 9 227 5 3 1 s 5 Beach-Ra._ 9 11 13 17 �PyrJ 21 25 27 31 33 39 49 Bass Lake Schedule 1 �—_ Location 71 i11 Uf� ®Subject Lands �f Proud Heritage,Exciting Future 0 75 m File Number:2021-A-54 I 1 1 Development Services October 6, 2021 Report No. DS2021-155 Page 8 of 11 Page 170 of 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo —VaceWRd. Ok "Moons we Ad. I $arcs��acl:Ra (pV p nsesho Y le `<d. i r - v r Schedule 2 Aerial Photo 'luwruhijl uJ ®Subject Lands Proud Heritage,Exciting Future 0 10 ri1 File Number:2021-A-64 N I i i i i Development Services October 6, 2021 Report No. DS2021-155 Page 9 of 11 Page 171 of 272 6.e) 6-10 p.m. DS2021-155, Danielle Waters, Planner re- Minor Variance A Schedule 3: Applicants Proposed Site Plan (KNOWN AS)BARDS BEACH ROAD (RESERVE BY REDSTERED PLAN 545) PART J PLAN 5?R-35208 2PR49 7q4 tp ,..,2 pos I VEL SP6. At Lk pq f. 2 10k Z E4 LOT *LYL 51()REY w Lc, LOT e°g u 2 I ' - 6 j OT 'IRG�- ) t r q4 4- A . 4 A ,,MCI -LOTM 4w. ,.,go J 05 CRE1 FN LWIT WAr M ERT j--1�911�i EW,4,WALL W. Rt GiSTERED PLAN 546 f3AS-')- LAKE Schedule 3 Applicant's Site Plan 0 T h- File Number 2021-A-64 Proud Heritage,Exclihig Future Development Services October 6, 2021 Report No. DS2021-155 Page 10 of 11 Page 172 of 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicants Elevation Drawings 71 i h, � P LAKE SIDE (FROM') ELEVATION LAKE SIDE UZROhM ELEVATION Fm fI 0 6[MRl9 ] 1 5 y 1 p�DE7K � 7111 8cOMa�,mOw+� Schedule 4 Applicant's Elevation/Floor Plan l/ �OLmship of 1 File Nu tuber 2021-A-64 Frond HeritrrQe,ExcLtloL,Q Future Development Services October 6, 2021 Report No. DS2021-155 Page 11 of 11 Page 173 of 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: September 17, 2021 1 .27 PM To: Planning <Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, October 06, 2021 (2021-A-64) Riddell Teresa Development Engineering has No Objection to the above noted Application. Regards, David Saunders Manager, Development Engineering Township of Oro-Medonte Page 174 of 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: September 17, 2021 8:18 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-64) Riddell Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 175 of 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... From:Wilson, Delanie <dwilson@oro-medonte.ca> Sent: September 23, 2021 10:45 AM To: Planning<Planning@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca>; Craig, Jason <jcraig@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-64) Riddell Building division has no comment at this time. Kind regards, Delanie Wilson Deputy Chief Building Official Township of Oro-Medonte Page 176 of 272 6.e) 6:10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... 7 RECEIVED ����,�� ,x„JL_ • SEP 2 7 2021 � Uri!l�wb ORO-MEDONTE TOWNSHIP tea! 94 Page 177 of 272 6.e) 6.10 p.m. DS2021-155, Danielle Waters, Planner re: Minor Variance A... From: Chinoye Sunny<csunny@nvca.on.ca> Sent: September 29, 2021 3:30 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: NVCA Comments - 17 Bards Beach Hi Teresa, Nottawasaga Valley Conservation Authority(NVCA) staff is in receipt of a minor variance application to seek relief from the provisions of the Township of Oro-Medonte Zoning By-law 97-95 regarding he property 17 Bards Beach Road for he following: 1. To construct a deck and stairs. • The proposed setback for the deck is 8.58 metres (28.1 feet), whereas Section 5.7 a) requires a deck setback of 15.0 metres (49.2 feet). Delegated Responsibility and Statutory Comments: The property is partially regulated by the NVCA for natural hazards (flood erosion hazard) associated with Bass Lake at the rear of the property. NVCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 172/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables Conservation Authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Comments for Consideration Due to the flood erosion hazard located on the property,we advise the proposed deck and stairs development is located in an area affected by Ontario Regulation 172/06 where a permit is required from the NVCA under the Conservation Authorities Act for development including site alteration. Conclusion On this basis, any approval of this application should be subject to the following condition: • The Owner shall obtain a permit from the NVCA for works within the regulated area. Thank you for circulating this application and please forward a copy of any decision. 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File #: 4365-010-008-09200 25 Brambel Road D13 59930 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-156 be received and adopted. 2. That Minor Variance Application 2021-A-65 by Al and Donna Billes specifically to permit the construction of (i) a detached accessory building with a reduced front yard setback to 3.06 metres (10.0 feet), increased height to 4.67 metres (15.3 feet) and increased floor area to 164.0 square metres (1765.3 square feet), and (ii) a single detached dwelling with a reduced setback from top of bank to 15.03 metres (49.3 feet), and (iii) a boathouse with an increased height of 5.39 metres (17.7 feet) on lands municipally known as 25 Brambel Road, be approved, subject to the conditions as outlined in Report DS2021-156. 3. The conditions are as follows: a) That notwithstanding Section 5.3.1 — Setback from Slope, Section 5.1 .4 — Maximum Height, Section 5.1 .6 — Maximum Floor Area, Section 5.1 .3 a) and Table B1 — Front Yard Setback, SR, Section 5.6 e) — Boathouse maximum height, the detached accessory building, dwelling and boathouse shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building, dwelling and boathouse 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 and boathouse are not to be used for human habitation; 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, Development Services October 6, 2021 Report No. DS2021-156 Page 1 of 14 Page 188 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... that the detached accessory building is no closer than 3.06 metres (10.0 feet) from the front lot line; 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 single detached dwelling is no closer than 15.03 metres (49.3 feet) from the top of bank; f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, Lake Simcoe Region Conservation Authority Permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. That Minor Variance Application 2021-A-65 by Al and Donna Billes specifically to permit the construction of a retaining wall with a setback of 0 metres from the average high water mark, be deferred, to allow the opportunity for the applicants to address the Lake Simcoe Region Conservation Authority (LSRCA) comments. 5. 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 0.4 hectares (1.0 acres) and is currently used as a residential lot, as shown in Schedules 1 and 2. The property currently supports a single detached dwelling and boathouse. The applicants are proposing to demolish the existing dwelling and construct a new single detached dwelling, detached accessory building, boathouse and retaining wall. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Single Detached Dwelling Section 5.3.1 — Setback from Slope Required: Proposed: no building or structure shall 15.03 metres (49.3 feet) be located within 23 metres (75 feet) of top of bank or embankment that exceeds 33% Detached Accessory Building Section 5.1.4 — Maximum Height Required. Proposed: 4.5 metres 14.7 feet 4.67 metres 15.3 feet Section 5.1.6 — Maximum Floor Area Required. Proposed: 70.0 square metres (753.5 square feet) J164.0 square metres (1765.3 square feet) Development Services October 6, 2021 Report No. DS2021-156 Page 2 of 14 Page 189 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... Section 5.1.3 a) and Table B1 — Front Yard Setback, SR Required: Proposed: 7.5 metres (24.6 feet) T3.06 metres (10.0 feet) Boathouse Section 5.6 e) — Boathouse maximum height Required: Proposed: 4.5 metres (14.7 feet) above average high- 5.39 metres (17.7 feet) water mark Retaining Wall Section 5.1.3 f) — Setback from Average High-Water Mark of Lake Simcoe Required. Proposed: 20.0 metres (65.6 feet) JO metres (0 feet) The applicant's site plan and elevation drawings are included as Schedules 3, 4 and 5 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .4 — Rural Areas, Section 1.1.5 — Rural Lands, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas/Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Detached accessory building, single detached dwelling and boathouse Section 2.1, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to Lake Simcoe. Section 2.2 — Water aims to "protect, improve or restore the quality and quantity of water". Section 3.1 Natural Hazards to ensure the safety of people and structures. The application is 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. The location of the proposed structures is regulated by Development Services October 6, 2021 Report No. DS2021-156 Page 3 of 14 Page 190 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... the LSRCA and Planning Staff anticipates that the LSRCA will require the applicant to obtain a LSRCA Permit. The requirement for an engineered lot grading plan and LSRCA permit will ensure sediment/erosion control which will ensure protection of the water feature. At the time of writing of this report, LSRCA formal comments have yet to be received by Township Staff. Committee members should have regard to any LSRCA comments that the Township may receive with respect to the applicant's proposal. Retaining wall At the time of writing of this report, LSRCA formal comments have yet to be received by Township Staff. Committee members should have regard to any LSRCA comments that the Township may receive with respect to the applicant's proposal. Through discussions with LSRCA Staff, there appears to be some policy compliance issues in relation to the terrace and retaining wall. As such, Planning Staff recommend deferral of the proposed retaining wall variance until such time as formal comments from the LSRCA are received. Planning Staff is of the opinion that the application for the proposed detached accessory building, single detached dwelling, and boat house conforms to the Provincial Policy Statement, 2020. However, Planning Staff recommend deferral of the variance associated with the proposed retaining wall to allow the applicant time to address concerns from LSRCA. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already within an established residential subdivision. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. However, this policy is relevant due to the proximity of the lands to an inland lake. The subject lands are not located within any natural heritage designations identified in the Township's or County's Official Plans. Furthermore, pursuant to Section 4.2.4.5 of the Growth Plan 2020, the proposed development is permitted, as the subject lands are located within a developed shoreline area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. Development Services October 6, 2021 Report No. DS2021-156 Page 4 of 14 Page 191 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... County Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). The Rural designation permits limited residential development. In Planning Staff's opinion, the applicant's Minor Variance application conforms to the County's Official Plan as the proposed structures are permitted on the subject lands. 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 and reviews applications in the context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Planning Staff anticipates that the LSRCA will require the applicant to obtain an LSRCA Permit. At the time of writing of this report, formal LSRCA comments have yet to be received by Township Staff. Committee members should have regard to any LSRCA comments that the Township may receive with respect to the applicant's proposal. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation are single detached dwellings and by extension accessory uses to the residential use. As per section D1 .4.1 a), all lots that front on private roads shall be subject to Site Plan Control and be subject to a Holding Provision in the implementing Zoning By-law that prohibits any enlargement, renovation or addition to a dwelling unit. The proposed minor variance application is a result of Planning Staff's review and comments on Site Plan Application 2021-SPA-44, given that Brambel Road is a private road. Development Services October 6, 2021 Report No. DS2021-156 Page 5 of 14 Page 192 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... Therefore, based on the above, the requested variances are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential Limited Service Hold (RLS (H)) 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 RLS Zone. The Holding Provision is placed on the property due to being located on a private road. As noted in the Official Plan section, a site plan application has been submitted to the Township. Detached accessory building, single detached dwelling and boathouse 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. The general intent of the Zoning By-law in requiring the maximum height 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 and proposed 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. A letter of support has been received from the neighbours on this interior lot line as well. The requirement in setback from Top of Bank/Slope, is to ensure that structures are not placed on an unstable slope. A slope stability assessment has been completed for the property. Planning Staff are satisfied by the requirement for an Engineered Lot Grading (ELG) Plan, and the recommendations from the Slope Stability letter. The letter states that "the proposed foundations should extend at least to a depth of approximately 2.5 m below the stable gradient line for stability". This requirement will be implemented through the Site Plan Agreement. The purpose of height restrictions on a boathouse is to ensure that is secondary to the main dwelling, and to ensure a sustainable use of the shoreline. Planning Staff is satisfied that the proposed height will keep the boathouse as secondary and subordinate. The requirement for an engineered lot grading plan and LSRCA permit will ensure sustainable use and development of the shoreline. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Retaining wall The primary purpose of the Average High Water Mark setback is to protect natural heritage features and to protect people, property and structures from natural hazards Development Services October 6, 2021 Report No. DS2021-156 Page 6 of 14 Page 193 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... such as flooding and erosion. The location of the proposed retaining wall is regulated by the LSRCA and Planning Staff anticipates that the LSRCA will require the applicant to obtain an LSRCA Permit. At the time of writing of this report, formal LSRCA comments have yet to be received by Township Staff. Through discussions with LSRCA Staff, there appears to be some policy compliance issues in relation to the terrace and retaining wall. For the reasons outlined above, Planning Staff is of the opinion that the requested variance for the retaining wall is not considered to meet the general intent and purpose of the Zoning By-law as the hazard risks identified in discussions with the LSRCA will need to be addressed. Are the variances desirable for the appropriate development of the lot? Detached accessory building, single detached dwelling and boathouse Planning Staff does not expect the proposed structures 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 properties, however, there is mature vegetation on the interior/front lot lines to provide a buffer to the proposed structures. Though there are not large detached accessory buildings located on the street, several houses do have large attached garages. Planning Staff are satisfied that the proposed structure would remain secondary and subordinate to the main dwelling structure. The proposed dwelling and boathouse will be replacing existing structures. Planning Staff do not believe that the proposed structures will detract from the character of the neighbourhood. The proposed structures 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. Retaining wall At this time given the concerns verbally provided by LSRCA staff, Planning Staff do not believe the proposed retaining wall is appropriate development, until such time as the LSRCA comments are received and addressed by the applicant. Are the variances minor? Detached accessory building, single detached dwelling and boathouse The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the building is not anticipated to have an adverse impact on the neighbourhood. Development Services October 6, 2021 Report No. DS2021-156 Page 7 of 14 Page 194 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... Retaining wall As there are concerns with the proposed structure, Planning Staff do not yet believe that the variance related to the proposed retaining wall is minor. As the proposed variances for the detached accessory building, single detached dwelling and boathouse 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 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, 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. 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 Development Services October 6, 2021 Report No. DS2021-156 Page 8 of 14 Page 195 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection, ELG required • Township Building Services —Applicant to be aware that Engineering may be required on structures near slopes and for retaining wall • Township Infrastructure and Capital Projects — No comments • 1 resident letter of support submitted Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Elevation Drawings Schedule 5: Applicants Boathouse and Retaining Wall Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-65 be approved, specifically, to permit the construction of a detached accessory building with a reduced front yard setback to 3.06 metres (10.0 feet), increased height to 4.67 metres (15.3 feet) and increased floor area to 164.0 square metres (1765.3 square feet), a single detached dwelling with a reduced setback from top of bank to 15.03 metres (49.3 feet), and a boathouse with an increased height of 5.39 metres (17.7 feet) on lands municipally known as 25 Brambel Road, 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. Planning Staff recommends that the following variance associated with Minor Variance Application 2021-A-65 be deferred, specifically to permit the construction of a retaining wall/terrace, to allow the applicants an opportunity to address concerns from LSRCA and the Provincial Policy Statement. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services September 29, 2021 Andria Leigh, Deputy CAO/Director, Development Services September 29, 2021 Development Services October 6, 2021 Report No. DS2021-156 Page 9 of 14 Page 196 of 272 6J) 6.20 p.m. DS2O21-156, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map Tvasl."-7 � Mao eFmne d. T 48 p sea ae al'ey IR. 1206 50 lid r.ic�L *n'I 62 If 1 52 �111d9e�Res"�'� {ds EX.W- W indfie 1244 N 44 v 32 d 24 C J e 89 rambe!Ra 71 rh 49 47 �rJ s 55 47 37 1261 25 9 Kempenfelt Bay Schedule 1 Location ® IUWt15{1 i11 Uf Subject Lands �f Proud Heritage,Exciting Future 0 100 rn File Number:2021-A-55 I 1 1 1 Development Services October 6, 2021 Report No. DS2021-156 Page 10 of 14 Page 197 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo —Y.—M. 1-I' I �Meone we Ad. p nse No Y�,rvIRd.. �idg NReady �rd"•� Q� Rq(P�T1 r �I► Schedule 2 Aerial Photo Subject Lands �f Proud Heritage,Exciting Future 0 30 rn File Number:2021-A-65 I i i Development Services October 6, 2021 Report No. DS2021-156 Page 11 of 14 Page 198 of 272 6J) 6.20 p.m. DS2O21-156, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants Proposed Site Plan ------------- ---------------- M, —.---—.—._.—— A Ncw 1 Schedule 3 Applicant's Site Plan . Q T°f=(�.1�'.�cc�'o�te h- f AS& File Number 2021-A-65 Proud Heritage,Excitia,Q Future Development Services October 6, 2021 Report No. DS2021-156 Page 12 of 14 Page 199 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicants Garage Elevation Drawings ILL m ✓ ——��. (/i�Gerege.�ar Eir�so� -P.w„���o ��can3ge-rv�rtn El�re� a 7 LIL 1-1 W-IEIW-.n !4�i Ga`age-Satith EI—I,, F A r } Amn:mmr R 3 , Schedule 4 Applicant's Garage Elevations/Floor Plan 0File Number 2021-A-65 Proud HeritnRe,Exca:aiitQ FNraere Development Services October 6, 2021 Report No. DS2021-156 Page 13 of 14 Page 200 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... Schedule 5: Applicants Boathouse and Retaining Wall Elevation Drawings v J" 11 ' I i '° MI Hi III II:-1 1�� III II—idle- - r1„�� J TIT-11 r Ilr'll All 1 In iiJ=11i1 IliL - IIL II - 6 Schedule 5 Applicant's Boathouse Elevations/Floor Planwhir File Number 2021-A-65 1'oroud Herfta�re,Exn:iirj,Q Futaere Development Services October 6, 2021 Report No. DS2021-156 Page 14 of 14 Page 201 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... From:Saunders, David <dsaunders@oro-medonte.ca> Sent: September 17, 2021 1:29 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-65) Billes Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of both Site Plan and Building Permit Application(s). Regards, David Saunders Manager, Development Engineering Township of Oro-Medonte Page 202 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: September 17, 2021 8:17 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-65) Billes Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 203 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... From:Janessa Famiglietti <Janessa@atlascorp.com> Sent: September 21, 2021 12:13 PM To: Planning<Planning@oro-medonte.ca> Cc:Andrew Famiglietti <Andrew@atlascorp.com>; Alysha Famiglietti <Alysha@atlascorp.com> Subject: Minor Variance Application - 25 Brambel Road Good Morning, We received Minor Variance Application for property 25 Brambel Road, Shanty Bay ON. We are the property owners of 37 Brambel Road, Shanty Bay ON and are the adjacent property for owners. We would like to provide our full support of this Minor Variance Application. We believe this is a great addition and will increase the value of the neighbouring properties. Sincerely, Janessa Famiglietti Page 204 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... From: Wilson, Delanie <dwilson@oro-medonte.ca> Sent: September 23, 2021 10:44 AM To: Planning<Planning@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca>; Craig,Jason <jcraig@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-65) Billes Good morning, Building division comments are as follows: 1 . Applicant to be aware that Engineering may be required on structures near slopes and for retaining wall Kind regards, Delanie Wilson Deputy Chief Building Official Township of Oro-Medonte Page 205 of 272 6.f) 6:20 p.m. DS2021-156, CAS#fla4��sD �IA�r��r� S � .s��' �... 6f) Additional correspondence received Lake Simcoe Region conservation authority www.LSRCA.on.ca Sent via e-mail: Danielle Waters dwaters@oro-medonte.ca October 5, 2021 Township of Oro-Medonte File No: 2021-A-65 LSRCA File No.: VA-130450-083121 Danielle Waters, Planner Township of Oro-Medonte 148 Line 7 South,Oro-Medonte ON LOL 2EO Dear Ms. Waters: Re: Application for Minor Variance Owner:Al and Donna Billes 25 Brambel Road, 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 this variance is to permit the construction of a new single-detached residential dwelling, a detached accessory building, boathouse, and retaining wall. The Applicant's are seeking relief to the following sections of Township Zoning By-law 97-95: Single Detached Dwelling—Section 5.3.1 Setback from Slope This section of the By-law requires that no building or structure shall be located within 23 metres of top of bank or embankment that exceeds 33%. The Applicants are proposing a 15.03m setback. Detached Accessory Building Section 5.1.4 of the By-law permits a maximum height of 4.5 metres. The Applicants are proposing a maximum height of 4.67 metres. Section 5.1.6 of the By-law provides for a maximum floor area of 70 square metres, the Applicants are proposing a maximum floor area of 164 square metres. Section 5.1.3 a) and Table B1 of the By- law require a 7.5 meres setback, the Applicants are proposing a setback of 3.06 metres. Boathouse Section 5.6 e of the By-law permits a maximum height of 4.5-metres above the average high-water mark. The Applicants are proposing a maximum boathouse height of 5.39-metres. Retaining Wall Section 5.1.3 f) of the Zoning By-law requires a 20-metre setback from the average high-water mark of Lake Simcoe. The Applicants are proposing a 0-metre setback from the high-water mark of the lake. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 206 o-fF272.800.465.0437 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: N4Ae.)$iiVql0i8PVVA... conservation authority Page 2 of 6 Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Sep. 171", 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 of the Conservation Authorities Act. LSRCA has also provided comments per our MOU with the Township of Oro-Medonte. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based on our review of the submitted information it is determined that the proposal is inconsistent and not in conformity with the natural hazard policies of the applicable provincial, county, and local plans. It also cannot be demonstrated that an LSRCA Permit can reasonably be achieved. It is recommended that the Committee defer this application until such time as the Applicants revise the proposal to be consistent with the policies of the PPS, in conformity with applicable provincial, county, and local planning documents, and can demonstrate that an LSRCA Permit can be reasonably achieved. Site Characteristics The subject property lies mostly within a regulated area of the LSRCA, as per Ontario Regulation 179/06 of the Conservation Authorities Act.This is reflective of the Lake Simcoe Shoreline, and its associated Shoreline Hazard Area. The subject property is identified as within the 'Rural' designation under the County of Simcoe Official Plan, and is designated as 'Shoreline' by the Township of Oro-Medonte Official Plan. The subject property is zoned as Residential Limited Service Holding Zone or'RLS(H)' by the Township Zoning By-law 97-95. Page 207 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re- I40e.)$iiVq�8 A... conservation authority Page 3 of 6 25 Brarnbel Rd., Oro-Medonte Featuros Lake Simcoe Region LSRCA watershed Boundary conservation authority Q LSPP Watershed Boundary — Regulation Boundary Regulation Area L INF 5 Assessment Parcel e. .I•.-.:.;..:.�:.-1.v Lot and Concession -� Road Labels 24 BRAMBEL RD - ~. '-" Watercourse 32 BRAMBEL RD $BRAMBEL RD ]Roads ldBRAMO EL D9rr a4u 5nr. 12e?l NF dS Mir�rxa�,Aneruls. 52 BRAMBEL RD - La9al Rwtl ♦ { Railway u`,.. � r� ❑ Lower Tier Municipality BFAMB£L RD ERAM6E`r.0 yr BRAMBEL BRAMBEL Fd 7 B Mott Ai B MBE R 55 BRAMBEL R i BRAMB€L RD ee or. 9P23n629 w�t•f rrr_�r99�r_ wunfa or i9u pmn rre•9.ti�.+k 9M fry f1999�hPo^ Cavw.vffw 4gwfY rrrffmf b9Crn9aw CffrtM9fen IW� Iwrt..n+xA n fwf99p dgk991n wrswnp ��.ra T e..rnram9orfo9®e.. �n��xr.�`me....e m+aw vrc.cls v[K pNUF'r V—.'4l9 eJ4(E sNGQE reEri>L+ w�RuarE 4la9mg alwn rrrd YWYY1Yf'f hw.a�I.pgwi�Lowy r�.mlr•.e..9 w..�l,zer9.rMamm w�..m.l..r. fraYpY9ih wlifNf Yf ONIY6 pC0 fn*MrMPlgyypry adh xooz,2Yw xmr f9-%jaa cFra 4w5ufu9oa. Scale 1: 1.623 Motors 82 a 41 92 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). Currently, the proposal involves development and site alteration within the Shoreline Hazard Area of Lake Simcoe, that is inconsistent with applicable provincial policy guidance. Therefore, this proposal is not consistent with Section 3.1 of the PPS. 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 208 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: I40e.)$iiVq�8 A... conservation authority Page 4 of 6 An LSRCA Permit is required to facilitate the proposed development and site alteration. It is understood that a permit application has previously been made and is currently underway. It is advised, however, that the LSRCA operates on a "planning first" principle and requires that proposed development demonstrate that a permit under O.Reg 179/06 can be supported before planning approval can be supported. Upon review of the LSRCAs Watershed Development Guidelines, and in consultation with our Regulations Team, the application as presented,would not be supported. Advisory Comments: 3. The 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 an MOU as well as through our role as a public body, pursuant to the Planning Act. Provincial Policy Statement (PPS) The PPS identifies that all new development and site alteration should, generally, be directed to areas outside of hazardous lands adjacent to large inland lakes,or Lake Simcoe.This minor variance application reflects both development and site alteration within an identified Shoreline Hazard Area of Lake Simcoe, which does not reflect the intent of this policy. Lake Simcoe Protection Plan (LSPP) The LSPP provides that additional policy context and applies to the whole of the Lake Simcoe Watershed Area. This minor variance application applies to existing uses, considered under Designated Policy 6.45 of the LSPP. While existing uses and the construction of a building on an existing lot of record is permitted, policy 6.45-DP c) identifies that this development should not expand into any key hydrologic feature or any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative. Policy 6.45-DP d) includes that, if there is no other alternative, the expansion or alteration should be directed away from the feature and vegetation protection zone to the maximum extent possible. As well, the impact of the expansion or alteration on the feature and its functions is to be minimized to the maximum extent possible. The identified retaining wall, as part of this minor variance application, cannot be supported as it would reflect site alteration workthat has not been directed away from Lake Simcoe,or its minimum vegetation protection zone to the maximum extent possible. It should be demonstrated how the boathouse will minimize any impact on the Lake Simcoe shoreline. It should also be identified,through a Shoreline Restoration Plantings Plan, how vegetation to be removed will be replaced along the shoreline area. The proposed new residential dwelling will also be located within the 30-metre minimum vegetation protection zone of Lake Simcoe. This location can be considered, pending the review and approval of a Shoreline Restoration Plantings Plan, to adequately buffer the new development from the shoreline itself. As per 6.27-DP, the establishment and maintenance of natural self-sustaining vegetation to the extent and width of the associated vegetation protection zone would be required, to be detailed as part of the Shoreline Restoration Plantings Plan. If any natural, self-sustaining vegetation is removed along the Lake Simcoe shoreline, from a vegetation protection zone, and because of development or site Page 209 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: I40()$iiVq�8 A... conservation authority Page 5 of 6 alteration, as permitted under 6.45-DP, it is required that self-sustaining vegetation shall be re- established to the extent feasible, following completion of that activity(6.29-DP). LSRCA Watershed Development Guidelines The LSRCA's Watershed Development Guidelines, provides regulation for development within a Shoreline Hazard Area.Section 6 Lake Simcoe Shoreline and Lakebed is applicable.Those areas of specific concern include 6.2 Shoreline Alteration and 6.6 Shore Decks. Shoreline Alteration: a) In general, alterations to a shoreline shall not be permitted except in accordance with the policies 6.2.2 through 6.2.9. b) No reasonable alternative for the proposed alteration to the shoreline exists and the alteration has been assessed through a Natural Heritage Evaluation. c) Natural shoreline treatments (e.g. planting of natural vegetation, bioengineering, granite boulders) that maintain the natural contour of the shoreline will be used. d) The alteration will not adversely affect the ecological function of the shoreline and surrounding riparian area and, will result in a net environmental improvement. e) Shoreline hardening techniques such as the use of concrete, sheet steel, railway ties, pressure treated lumber, gabion baskets, and terracing will generally not be permitted. f) Erosion and sediment control measures shall be put in place prior to any work along a shoreline and maintained during construction and until the site is permanently stabilized. This will include, where applicable, the use of silt fence, check dams, floating silt curtains, and/or vegetation protection zones. g) Surplus excavated fill material is removed from the shoreline and placed outside of the regulated area. h) The transition between proposed protection works and adjacent shoreline properties must be designed so that erosion, debris accumulation and changes in sediment transport will not occur and/or impact neighbouring properties. i) Shorelines that have steep slopes may require input from a geotechnical engineer to support the proposed development in the vicinity of the steep slope. If the slope is deemed to be stable by a geotechnical engineer than development and/or alteration to the slope will not be permitted. j) The creation of new artificial sand beaches will not be permitted along the shoreline of Lake Simcoe. After discussion with our Regulations Team, and considering the above, terracing of the natural shoreline is not permitted, and the proposed hardening technique would not be supported. Shore Decks: Shore deck definition:A platform structure that is situated partially on the shoreline and/or over the Lake that is used to anchor seasonal docks. a) no more than 100 square feet(9.3 sq.m.)of total shore deck will be permitted on a lot. It has been identified that the shore deck proposed, would be greater than 100 sq. ft. (9.3 sq. m.). Page 210 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: I40e.)$iiVq�8 A... conservation authority Page 6 of 6 Summary Based on our review of the submitted information it is determined that the proposal is inconsistent and not in conformity with the natural hazard policies of the applicable provincial, county, and local plans. It also cannot be demonstrated that an LSRCA Permit can reasonably be achieved. It is recommended that the Committee defer this application until such time as the Applicants revise the proposal to be consistent with the policies of the PPS, in conformity with applicable provincial, county, and local planning documents, and can demonstrate that an LSRCA Permit can be reasonably achieved. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has not been demonstrated. 2. Ontario Regulation 179/06 applies to this minor variance application. LSRCA operates on a "planning first" principle and requires that proposed development demonstrate that a permit under O.Reg 179/06 can be supported before planning approval can be supported. A permit under O.reg 179/06 will be required prior to any site alteration or development within the regulated area. 3. The Shoreline Restoration Plantings Plan should be revised to bring the document into conformity with the identified policies of provincial, county, and local plans.As well, it should reflect conformity with the LSRCAs Watershed Development Guidelines. A technical conversation with LSRCA staff should occur ahead of revising this document, to allow LSRCA staff to scope the requirements. 4. A policy conformity review letter, prepared by a Registered Professional Planner, should be provided to analyze those applicable policies of provincial, county, and local plans, as they relate to this application. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (I.munnoch@lsrca.on.ca) referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, z7��4� Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 211 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... From: CRAIG KIRWIN <craigkirwin@rogers.com> Sent: October 6, 2021 5:34 PM To: Planning<Planning@oro-medonte.ca> Cc:Andy Donavan <wr400f@hotmail.com>; Derek Haaland <derekahaaland@gmail.com>; Donna Billes <donna.abr@sympatico.ca>; Al Billes<albilles@gmail.com> Subject:Township Meeting Application 2021-A-65 Written Submission Subject Lands 25 Brambel Road Hearing Date Oct. 6th, 2021 6:20pm Attached are the Township set back requirements for residential zoning. This is provided to those Road Association Members requesting guidance on construction on our road as a resource for RLS(H) properties. The Brambel Road Ratepayers Association Inc. would like to contribute the following to this Public Hearing. Under this Application Sec 5.1.3 a) and Table 131 - Front Yard Setback, SR Required 7.5 meters from the road. Lot 25 Brambel Road Proposing 3.06m (10.0 feet) The Association is requesting that Section 5.1.3 a) Table 131 the Front Yard set back to road be a required 7.5 m as listed under the township current zoning. The BRRA Inc. is also requesting a to defer a decision on Section 5.1.3 a) and Table 131 so we have an opportunity to consult and present to the asociation membership. Thank you, Craig Kirwin President BRRA Inc. 705 305 8719 CC Derek Halland, Vice President CC Andy Donavan, Secretary Treasurer CC Al and Donna Billes Oro-Medonte Zoning App Oro-Medonte Zoning App htti)s://www.oro-medonte.ca/Shared%2ODocuments/Zonina%2OBy-law.odf See Al and 131 Page 212 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re- Minor Variance A... 11 lit, t I L / ry N O N O Cu U 2 C O ry Cu Cu E a) 'L a) J O Cu -0 Fn 'a) a) Cu M � o ° a O oo n .� LO _ G N 5 O 0 a) +� U .— C� > •� i N � O C� Page 213 of 272 6J) 6.20 p.m. DS2021-156, Danielle Waters, Planner re: Minor Variance A... w a) 0 -0 x n' z a) c N 0 a) -0 Cu m a) L CuE Cu CO w 3r. Cu Cu Cm LN M NLO O4-0 N Q) Q N a) M w � M z O I- E O O O 70 `V .. .. N .. .. N .. N ..O OU E � 'O 0- '6 "0 O CD QM Z� QO QE 0 !E �+ 4-0 M O O- 2(0 2 O 0 M O Cu 0) 1 1 1 a a V a- n-CO d LO O (n o) . 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File #: 4346-010-001-12900 McCutcheon D13 59950 2500 Line 1 North Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-150 be received and adopted. 2. That Minor Variance Application 2021-A-66 by Susan Caroline & Patrick McCutcheon, specifically for permission to build an agricultural building with a reduced setback of 3.0 metres (9.8 feet) from the Environmental Protection Zone and a reduced setback of 24.0 metres (78.7 feet) from the water course on lands municipally known as 2500 Line 1 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-150. 3. The conditions are as follows: a) That notwithstanding Section 5.27 and Section 5.32, the proposed agricultural building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed agricultural building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy the permits and approvals from the Nottawasaga Valley 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. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services October 6, 2021 Report No. DS2021-150 Page 1 of 13 Page 227 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re: Mi... Background: The subject property is located at 2500 Line 1 North. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. The subject property has a lot area of 20.2 hectares (50.0 acres) and contains a single detached dwelling. The existing farm field on the north half of the property is currently farmed/cropped. The applicants are proposing to build an agricultural building. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.27 — Setbacks from Limits of the Environmental Protection Zone Required. Proposed: 30.0 metres (98.4 feet) 3.0 metres (9.8 feet) Section 5.32 — Setback from Water Courses Required. Proposed: 30.0 metres (98.4 feet) �24.0 metres (78.7 feet) The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) (2020) The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. Specifically, Sections 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage and Section 2.3 - Agriculture, are applicable to this application. These sections have been reviewed and Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement since the application is for agricultural purposes which is permitted and promoted on these lands according to the PPS and the proposed development is not anticipated to affect any natural features or functions; however this is subject to any comments from the NVCA which have yet to be received. 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 and Section 4.2.6 —Agricultural System are applicable to this application. These sections have been reviewed and Planning Staff is of the opinion that the proposed expansion to the existing agricultural use is consistent with these policies. Development Services October 6, 2021 Report No. DS2021-150 Page 2 of 13 Page 228 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... Section 4.2.4 — Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies to this application as the proposed development is located adjacent to a watercourse (according to Township mapping system) and adjacent to a significant woodland. In accordance with Section 4.2.4.4 (b), new buildings and structures for agricultural uses, will not be required to undertake a natural heritage or hydrologic evaluation if a minimum 30.0 metres (98.4 feet) vegetation protection zone is provided from a key natural heritage feature or key hydrologic feature. Upon site visit, Planning Staff noted that there is no watercourse in the location identified on our mapping system and the proposed agricultural building will be located more than 80.0 metres (262.5 feet) from the significant woodland; therefore, a natural heritage evaluation is not required. In Planning Staff's opinion, the location of the proposed agricultural building is not anticipated to have any adverse impact on the natural heritage features. The Nottawasaga Valley Conservation Authority (NVCA) regulates the subject lands; therefore, the application was circulated to the NVCA and a permit will be required prior to issuance of a Building Permit. As of preparation of this report, Staff have yet to receive comments from the NVCA; Committee should have regard to any comments that may be received. County Official Plan The property is designated Greenlands in Simcoe County's Official Plan. The intent of the Greenlands designation is to protect and restore the natural heritage system. Permitted uses in the Greenlands designation includes agricultural uses. Section 3.3.16 states that "The intent of the Greenlands designation on an active farm is not meant to restrict the use or to reduce the economic viability of the use." The existing farm field on the north half of the property is currently farmed/cropped. It is Planning Staff's opinion that the proposed agricultural building is consistent with the County's Official Plan as the applicants are proposing to expand their existing agricultural use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services October 6, 2021 Report No. DS2021-150 Page 3 of 13 Page 229 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... Do the variances conform to the general intent and purpose of the Official Plan? The agricultural portion of the subject lands are designated Oro Moraine Enhancement Area and the woodland at the rear of the property is designated Oro Moraine Core/Corridor Area in the Township's Official Plan. The proposed agricultural building will be located in the portion of the property which is designated Oro Moraine Enhancement Area. The objectives of the Oro Moraine Enhancement Area Designation are: • Increase the spatial extent of the Natural Core/Corridor Area by encouraging the re-vegetation of open areas that existed when this Plan was adopted; • Improve and restore linkages between significant natural heritage features to facilitate the movement of plants and animals; and, • Restrict development in areas that would have a negative impact on the natural features and their ecological functions on lands within the Oro Moraine — Natural Core Area designation. Permitted uses in the Oro Moraine Enhancement Area designation include agricultural uses. In accordance with Schedule B of the Township's Official Plan, all lands within the Core Areas are considered to be Significant Woodlands. Since the proposed development is located more than 50.0 metres (164.0 feet) from the significant woodland, an Environmental Impact Study (EIS) and Management Plan (MP) are not required pursuant to Section B1.10.1 .4 (f) of the Township's Official Plan. Based on the above, Planning Staff is satisfied that the proposed agricultural building would conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as illustrated on Schedule 5 to this report. In accordance with Table A4 and Table B4, agricultural uses are permitted in the Agricultural/Rural Zone on properties over 2.0 hectares (4.9 acres) in size. The applicants are proposing to build an agricultural building which consists of a farm implement shed (312.1 square metres/3,360 square feet) and farm manager office (143.3 square metres/1,542 square feet). The agricultural building will also contain four temporary stalls to house four medium frame horses. Planning Staff calculated the required Minimum Distance Separation (MDS) setbacks to confirm that the proposed location complies with the required MDS I setbacks. Section 5.27 of the Township's Zoning By-law prohibits buildings and structures within 30 metres (98.4 feet) of the boundaries of the Environmental Protection Zone and Section 5.32 prohibits buildings and structures within 30 metres (98.4 feet) of the top of bank of a watercourse. The applicants are seeking relief from the Zoning By-law to permit construction of an agricultural building with a reduced setback of 3.0 metres (9.8 feet) from the Environmental Protection Zone and a reduced setback of 24.0 metres (78.7 feet) from the water course. The Environmental Protection Zone serves to Development Services October 6, 2021 Report No. DS2021-150 Page 4 of 13 Page 230 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... preserve and protect environmental features, specifically in this case, it acts as a buffer around a watercourse which has been identified on our mapping system as running across the property. Planning Staff conducted a site visit the day after heavy rains and noted that there was no watercourse on the property as identified on the mapping system. The proposed agricultural building is not anticipated to have any adverse impact on any natural heritage features. However as noted above, the Committee should have regards for any comments received from the NVCA. Based on the above, Planning Staff is satisfied that the proposed agricultural building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? The applicant indicated in their application form that the existing farm field on the north half of the property is currently farmed/cropped with no surface water present, even in the spring. Furthermore, the aerial imagery over the years does not show any signs of a watercourse in the location identified on the mapping system. As indicated above, Planning Staff walked the property the day after heavy rains and confirmed that there is no watercourse running through the property in the location identified on the map. For these reasons, Planning Staff are of the opinion that the proposed development will not negatively impact any natural heritage features and is considered desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed agricultural building is not anticipated to have any adverse impacts on any natural heritage features. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the 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 Development Services October 6, 2021 Report No. DS2021-150 Page 5 of 13 Page 231 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... • 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: 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 comments. • Township Building Division — No comment at this time. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Schedule 5: Existing Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-66 be approved, specifically to permit construction of an agricultural building with a reduced setback of 3.0 metres (9.8 feet) from the Environmental Protection Zone and a reduced setback of 24.0 metres (78.7 feet) from the water course on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Development Services October 6, 2021 Report No. DS2021-150 Page 6 of 13 Page 232 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... Respectfully submitted: Catherine McLean, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services September 29, 2021 Andria Leigh, Deputy CAO/Director Development Services September 30, 2021 Development Services October 6, 2021 Report No. DS2021-150 Page 7 of 13 Page 233 of 272 6.g) 6.30 p.m. DS2O21-150, Catherine McLean, Intermediate Planner re. Mi... Schedule 1: Location Map Maa J Rd 11 15 -Moansrone•RJ1 T 14 17 2105 n.Blesnp;waned ia•e47•Ra.� 2600 2545 2505 2500 2477 2384 2282 2177 2264 Schedule 1 Location Subject Lands 1oi �,�a�o�2t� Prnmd Heritage,Exciting Future 0 300 rn File Number:2021-A-66 Development Services October 6, 2021 Report No. DS2021-150 Page 8 of 13 Page 234 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... Schedule 2: Aerial Photo —Va..yRM --M Iona's-Rd. I J R lealip Wallet • m.6���•IIR'C f too— ✓�'.�' - n:��,.1`.i^. �.V lit. .x - `•.•n i Schedule 2 Aerial Photo ---- Touvruhip of Subject Lands Prasd Heritage,Exciting Futare 0 200 m File Number:2021-A-66 I 1 1 1 1 Development Services October 6, 2021 Report No. DS2021-150 Page 9 of 13 Page 235 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... Schedule 3: Applicant's Site Plan \ <k APPROX ER 20y1NG RDUNDARY OGEJ sANDR V ,` -__•_• � ! � -PReRnd shaae 7RD,IM �A\� O G� .v' PROPOSER E IMPLEMENT$HED / s I X1 N EN T IVT RANCC \ \ PROPOSE DSTARLE� t r &DRNE \•,�\\ ; HAF) /// �i1 \ I_ >2''� APPR6X NJCA REG ULFTED FU iJRE P \ \ TREE AREA ROUNDARV CLUSTER 4 •m � '� � EXISTING �by l TREE LINE \ EXISTING 3S.GARDENS \ PROPMED ., PADDOGK(S)AREA WCLL TYPIGA, NOTE _ A PERON.GRADES ONLI OERVED FROM SIMOOE GIS EXISTING 9RELLIN \ J'J Schedule 3 Applicant's Site Plani File Number 2021-A-66 Proud Herrtgye,Excitiva,Q Fxrraare Development Services October 6, 2021 Report No. DS2021-150 Page 10 of 13 Page 236 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... Schedule 4: Elevation Drawings = f �L a I.I ELEVATIO11-WE3T (2 ELEVATI III, -E4ST A Lo 1ID oil T q ELEVhT ON SOUTH 1'-1 of s T� n L — B 8 I® El rj CLC1iATION NORTH Schedule 4 Applicant's Elevation Drawings Taiamshi if File Number 2021-A-66 Proud Heritage,ExcitiRq Future Development Services October 6, 2021 Report No. DS2021-150 Page 11 of 13 Page 237 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... Schedule 5: Existing Zoning TW-Rd. T -Moons ..Rd. AJRU "7Ridg EP A/RU RUR2 A/RU 05 Schedule 5 Existing Zoning Twrshi' f RUR2(Rural Residential Two) /�u� „ A/RU(Agricultural/Rural) 1 Subject Lands Proud Heritage,Exciting Future iM EP(Environmental Protection) OS(Open Space) 0 200 m File Number:2021-A-66 ti I i i Development Services October 6, 2021 Report No. DS2021-150 Page 12 of 13 Page 238 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... Schedule 6: NVCA Comments From:Chinoye Sunny resunny@nvca.on.ca Sent:September 29,20213:14 PM To:Falconi,Teresa ctfalconl oro-medonte.ca Cc:Amy Knapp caknapp@nvca-onmca> Subject:NVCA Comments-2500 Line 1 North HI Teresa, Nottawasaga Valley Conservation Authority(NVCA)staff is in receipt of a minor variance application to seek relief from the provisions of the Township of Oro-Medonte Zoning By-law 97-95 regarding the property 2500 Line 1 North for the following: 1. To build an agricultural building on the existing property. The proposed setback from an Environmental Protection Zone is 3.0 metres(9.8 feet),whereas Section 5.27 requires setbacks to be 30.0 metres(93.4 feet).The proposed setback from the watercourse is 24.0 metres(78.7 feet),whereas Section 5.32 requires setbacks to be 30 metres(93.4 feet). Delegated Responsibility and Statutory Comments: The property is partially regulated by the NVCA for natural hazards(flood and meander erosion hazards) associated with river feature on the property. NVCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 172/06.This regulation,made under Section 28 of the Conservation Authorities Act,enables Conservation Authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines, watercourses,hazardous lands and wetlands. Comments for Consideration Due to the hazards located on the property,we recommend the following for consideration: • Keep the development of the agricultural building outside of the floodplain(30 metres away from the floodplain) • If the development of the agricultural'building is within the floodplain,an Environmental Impact Study(EIS)is required Based on the plans submitted and circulated by the Town,there appears to be an error with the scale of the site plan drawing indicating the proposed location of the new dwelling.From this drawing it is not possible for NVCA staff to determine the location of the proposed development in relation to the shoreline hazard limit.NVCA staff require a scaled drawing of the proposed dwelling(including covered porch)with the NVCA shoreline hazard limit plotted to confirm the dwelling is proposed outside the shoreline natural hazard and thus consistent with section 3.1 of the Provincial Policy Statement(Natural Hazards).NVCA staff note the application may require additional variances when the site plan is appropriately scaled outside the delineated shoreline hazard. The NVCA is not satisfied from a watershed management perspective that this application is consistent with the natural hazard policies of the PPS,and in conformity with NVCA policy. • Consistency with Section 3.1 of the PPS has not been demonstrated; The proposed new dwelling will need to be located outside of any hazard lands i n order to demonstrate that the proposal is consistent with the PPS. * Ontario Regulation 172/06 applies to the subject site and permission for development(including lot creation)from the NVCA is required prior to any municipal approvals; Based on the above NVCA staff do not support approval of this application and recommends the application be deferred until such time as the applicant can demonstrate the proposed development is not within the shoreline natural hazard through provision of a revised site plan. Thank you for circulating this application and please forward a copy of any decision. Kind regards, Chinoye Suinny I Junior Planner, Planning Services Nottawasaga Valley Conservation Authority 1h 8 195 8 Line,Utopia,ON LAM 1To T 705-424-1479 1F 705-424-2115 csunny&Lnvca.on._aInvca.on.ca Development Services October 6, 2021 Report No. DS2021-150 Page 13 of 13 Page 239 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: September 17, 2021 1:23 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-66) McCutcheon & Caroline Teresa Development Engineering has No Objection to the above noted Application. Regards, David Saunders Manager, Development Engineering Township of Oro-Medonte Page 240 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: September 17, 2021 8:21 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-66) McCutcheon & Caroline Teresa Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 241 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... From:Wilson, Delanie <dwilson@oro-medonte.ca> Sent: September 23, 2021 10:50 AM To: Planning<Planning@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca>; Craig, Jason <jcraig@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting, October 06, 2021 (2021-A-66) McCutcheon &Caroline Building division has no comment at this time. Kind regards, Delanie Wilson Deputy Chief Building Official Township of Oro-Medonte Page 242 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... From: Chinoye Sunny<csunny@nvca.on.ca> Sent: September 29, 2021 3:14 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Cc:Amy Knapp<aknapp@nvca.on.ca> Subject: NVCA Comments -2500 Line 1 North HI Teresa, Nottawasaga Valley Conservation Authority(NVCA) staff is in receipt of a minor variance application to seek relief from the provisions of the Township of Oro-Medonte Zoning By-law 97-95 regarding the property 2500 Line 1 North for the following: 1. To build an agricultural building on the existing property. The proposed setback from an Environmental Protection Zone is 3.0 metres (9.8 feet),whereas Section 5.27 requires setbacks to be 30.0 metres (93.4 feet). The proposed setback from the watercourse is 24.0 metres (78.7 feet), whereas Section 5.32 requires setbacks to be 30 metres (93.4 feet). Delegated Responsibility and Statutory Comments: The property is partially regulated by the NVCA for natural hazards (flood and meander erosion hazards) associated with river feature on the property. NVCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 172/06.This regulation, made under Section 28 of the Conservation Authorities Act, enables Conservation Authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Comments for Consideration Due to the hazards located on the property,we recommend the following for consideration: • Keep the development of the agricultural building outside of the floodplain (30 metres away from the floodplain) • If the development of the agricultural building is within the floodplain, an Environmental Impact Study(EIS) is required Based on the plans submitted and circulated by the Town, there appears to be an error with the scale of the site plan drawing indicating the proposed location of the new dwelling. From this drawing it is not possible for NVCA staff to determine the location of the proposed development in relation to the shoreline hazard limit. NVCA staff require a scaled drawing of the proposed dwelling (including covered porch)with the NVCA shoreline hazard limit plotted to confirm the dwelling is proposed outside the shoreline natural hazard and thus consistent with section 3.1 of the Provincial Policy Statement(Natural Hazards). NVCA staff note the application may require additional variances when the site plan is appropriately scaled outside the delineated shoreline hazard. The NVCA is not satisfied from a watershed management perspective that this application is consistent with the natural hazard policies of the PPS, and in conformity with NVCA policy. • Consistency with Section 3.1 of the PPS has not been demonstrated; • The proposed new dwelling will need to be located outside of any hazard lands in order to demonstrate that the proposal is consistent with the PPS. • Ontario Regulation 172/06 applies to the subject site and permission for development(including lot creation)from the NVCA is required prior to any municipal approvals; Based on the above NVCA staff do not support approval of this application and recommends the application be deferred until such time as the applicant can demonstrate the proposed development is not within the shoreline natural hazard through provision of a revised site plan. Page 243 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re: Mi... Thank you for circulating this application and please forward a copy of any decision. Kind regards, Chinoye Sunny I Junior Planner, Planning Services Nottawasaga Valley Conservation Authority 8195 8ch Line, Utopia, ON LOM 1T0 T 705-424-1479 1F 705-424-2115 csunnv@ nvca.on.ca I nvca.on.ca Page 244 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... October 6, 2021 Development Services Committee 6g) Revised Additional correspondence received From: Chinoye Sunny<csunny@nvca.on.ca> Sent: October 1, 2021 4:00 PM To: Leigh, Andria<aleigh@oro-medonte.ca> Cc:Amy Knapp<aknapp@nvca.on.ca> Subject: Re: Minor Variance 2021-A-66 (2500 Line 1 North) Nottawasaga Valley Conservation Authority(NVCA) staff is in receipt of a minor variance application to seek relief from the provisions of the Township of Oro-Medonte Zoning By-law 97-95 regarding the property 2500 Line 1 North for the following: 1. To build an agricultural building on the existing property. The proposed setback from an Environmental Protection Zone is 3.0 metres (9.8 feet), whereas Section 5.27 requires setbacks to be 30.0 metres (93.4 feet).The proposed setback from the watercourse is 24.0 metres (78.7 feet), whereas Section 5.32 requires setbacks to be 30 metres (93.4 feet). Delegated Responsibility and Statutory Comments: The property is partially regulated by the NVCA for natural hazards (flood and meander erosion hazards) associated with river feature on the property. NVCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 172/06.This regulation, made under Section 28 of the Conservation Authorities Act, enables Conservation Authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Comments for Consideration Due to the hazards located on the property,we recommend the following for consideration: • Keep the development of the agricultural building outside of the floodplain (30 metres away from the floodplain) • If the development of the agricultural building is within the floodplain, an Environmental Impact Study(EIS) is required Based on the plans submitted and circulated by the Township, there appears to be an error with the scale of the site plan drawing indicating the proposed location of the agricultural building. From this drawing it is not possible for NVCA staff to determine the location of the proposed development in relation to the flood hazard and meander erosion hazard limit. NVCA staff require a scaled drawing of the proposed agricultural building with the flood hazard and meander erosion hazard limit plotted to confirm the agricultural building site is outside of the hazard limit and thus consistent with Section 3.1 of the Provincial Policy Statement (Natural Hazards). The NVCA is not satisfied from a watershed management perspective that this application is consistent with the natural hazard policies of the PPS, and in conformity with NVCA policy. • Consistency with Section 3.1 of the PPS has not been demonstrated; • The proposed new agricultural building will need to be located outside of any hazard lands in order to demonstrate that the proposal is consistent with the PPS. • Ontario Regulation 172/06 applies to the subject site and permission for development(including lot creation)from the NVCA is required prior to any municipal approvals; Page 245 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re. Mi... Based on the above NVCA staff do not support approval of this application and recommends the application be deferred until such time as the applicant can demonstrate the proposed development is not within the natural hazard through provision of a revised site plan. Thank you for circulating this application and please forward a copy of any decision. Chinoye Sunny I Junior Planner, Planning Services Nottawasaga Valley Conservation Authority 8195 81h Line, Utopia, ON LOM 1TO T 705-424-1479 1 F 705-424-2115 csunnyOnvca.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 246 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re- MiAd. ... Q O � O Cu . 06 Q o Q o o � w ca C.0 U o � .o ° cD c� ku � z Fua _ 4a. > L }, .� - Q 4-0 O a) � � � ° _0 Cu — ° ca = �u, o � O ° o a)LO Q U N �� a � L a� 0 M a) O tq — Q ° E: E LLJ •— — O O t: C: ° 0) J N ca Owl Q Page 247 of 272 6.g) 6.30 p.m. DS2021-150, Catherine McLean, Intermediate Planner re- Mi... -0 Ad. in Cu (D W 0) U 0 Cu Cu O �_ Cu O _ m N (N4 0)0 C) o a� O C6 U) a ti U oN 00 _v oZS O CU U) ._ O -- 70 U) o Q O C ° cQE � o- o 0 o 0 O > a- CO a- N U U Q cn C w Q U) ca U L O 0 U cu CCu +� L > G Cu - E O .v 4-00 E O o- � L Q � U � U � Cu .— L�) ? 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"= N M Q (] ❑ C (D f6 i Q Z M M o ° ca m O a C ro E 00 � 0 H H � (� Q N r N C7 Page 258 of 272 7.a) DS2021-157, Derek Witlib, Manager, Planning Services re: ConsentAp... Township oaf Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2021-157 Development Services Committee Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # October 6, 2021 Consent Application 2021-B-17 & Minor Variance Application 2021- Roll #: A-19 by Derek Watson R.M.S. File #: 4346-020-010-05567 2 Pine Ridge Trail D10-59333 & D13-59334 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2021-157 be received and adopted; 2. That Consent Application 2021-B-17 by Derek Watson to permit the creation of a new lot consisting of a lot area of approximately 0.1352 hectares (0.33 acres) and a frontage of approximately 70.25 metres (230.5 feet) and a retained parcel consisting of a lot area of approximately 0.2010 hectares (0.5 acres) and a frontage of approximately 42.62 metres (139.8 feet), be approved subject to the conditions outlined in Report DS2021- 157; 3. The conditions for Consent Application 2021-B-17 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 and/or retained parcel; b) That the severed lands obtain approval of Minor Variance Application 2021-A-19. 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 all connection costs to the municipal communal tile system for the severed and retained lands to be borne by the applicant, that field work for the required connections be scheduled with the Environmental Services Department and that each serviced lot to include a private septic tank (4500L) as pre-treatment. 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; Development Services October 6, 2021 Report No. DS2021-157 Page 1 of 13 Page 259 of 272 7.a) DS2021-157, Derek Witlib, Manager, Planning Services re: ConsentAp... g) That all municipal taxes be paid to the Township of Oro-Medonte; h) 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, i) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2021-A-19 by Derek Watson to permit a lot area of 0.1352 hectares (0.33 acres), to recognize Pine Ridge Trail as a Front Lot Line and to recognize Horseshoe Valley Road as an Exterior Side Lot Line, for a proposed severed parcel as identified in Consent Application 2021-B-17, be approved, subject to the conditions as outlined in Report DS2021-157. 5. The conditions for Minor Variance Application 2021-A-19 areas follows: a) That notwithstanding Section 4.0, Table B1 and Section 6.0 Definitions of Zoning By-law 97-95, as amended, the proposed addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and, c) That the appropriate Zoning Certificate, Engineered Lot Grading approval, Building Permit and authorizations for servicing connections 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. 6. And that the applicant be advised of the Development Services Committee's decisions under the Secretary-Treasurer's signature. Background: The subject lands are located at 2 Pine Ridge Trail, on the north-east corner of the intersection of Pine Ridge Trail and Horseshoe Valley Road. The subject lands currently support a single detached dwelling. Surrounding land uses consist of low-density residential uses and a golf course. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2. The purpose of Consent Application 2021-B-17 is the creation of a new residential lot. The Applicant's Consent Sketch is included as Schedule 3. The details of the proposed consent (severance) are provided in the table below: Lands to be Severed: Lands to be Retained: Frontage: Approx. 70.25 m (230.5 ft.) Approx. 42.62 m (139.8 ft.) on Pine Ridge Trail Depth: Approx. 39.35 m (129.1 ft.) Approx. 63.66 m (208.5 ft.) Development Services October 6, 2021 Report No. DS2021-157 Page 2 of 13 Page 260 of 272 7.a) DS2021-157, Derek Witlib, Manager, Planning Services re: ConsentAp... Area: Approx. 0.1352 ha 0.33 ac. Approximately 0.2010 ha 0.5 ac. Use: Future single detached residential Continued single detached residential To facilitate the proposed Consent, the applicant has also applied for related Minor Variances (Application 2021-A-19) to address aspects of the proposed new lot that would not comply with the Zoning By-law. The purpose of Minor Variance Application 2021-A-19 is to seek relief from the following sections of Zoning By-law 97-95: Section 4.0, Table 1131 Required Proposed Min. Lot Area 1 0.2 hectares (0.49 acres) 0.1352 ha (0.33 acres) Section 6.0 Definitions Required Proposed Front Lot Line (in Horseshoe Valley Road Lot Line Pine Ridge Trail Lot Line the Case of a (shortest of the lot lines that divides a lot Corner Lot) from a public street) Exterior Side Pine Ridge Trail Lot Line Horseshoe Valley Road Lot Line Lot Line These applications were deferred by the Development Services Committee on May 5, 2021 to provide the applicant the opportunity to address the comments of the Environmental Services Department regarding servicing connections and to obtain comments from the Operations Division regarding the eligibility of the severed lands for a new driveway entrance. This report will describe how these matters have now been addressed and provide the Committee with recommendations regarding these applications. Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 —Water and Section 3.1 — Natural Hazards, are applicable to this application. This application represents limited residential development that is consistent with the PPS with respect to Rural Areas, as the lands are designated by the Township's Official Plan to generally permit this form of development. The subject lands are located in an established Rural Settlement Area (Horseshoe Valley) which is intended to be the focus of growth and development and where development is encouraged with consideration to rural characteristics, the scale of development and the provision of appropriate service levels. Access to the severed and retained lands is proposed to continue to be achieved by way of a Township road (Pine Ridge Trail) that is open and Development Services October 6, 2021 Report No. DS2021-157 Page 3 of 13 Page 261 of 272 7.a) DS2021-157, Derek Witlib, Manager, Planning Services re: ConsentAp... maintained year-round. The subject lands are currently serviced by a private communal water system (Skyline) and a private individual onsite septic system. The applicant has proposed that the severed and retained lands be serviced by way of new connections to a Township owned and operated communal septic system, and that water be supplied to both parcels by way of the Skyline water system. The Township's Environmental Services Department has provided comments that support the proposed servicing of the lands and those comments are detailed further below in the Consultations section of this report. On the basis of the above, Planning Staff finds these applications to be consistent with 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. 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 ". Section 3.2.6 (Water and Wastewater Systems) is also relevant to this application. Since the proposed development is within a settlement area (Horseshoe Valley) and since the Township's Environmental Services Department has provided comments that support the proposed servicing of the lands, it is Planning Staff's opinion that these applications conform to the Growth Plan. County of Simcoe Official Plan Pursuant to Schedule 5.1 of the County's Official Plan, Horseshoe Valley is identified as a "Settlement" in the Township, the boundaries of which Section 3.5.4 of the County's Official Plan states "are shown in local municipal official plans and are considered to be the approved settlement area boundaries of this Plan." Settlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. The wide range of land uses provides an opportunity for people to live, work, shop and find recreation in one compact community. The County of Simcoe has not provided the Township with comments on these applications to- date and Planning Staff do not expect any County comments at this stage. It is the opinion of Development Services Staff that this application conforms to the County Official Plan. Township of Oro-Medonte Official Plan The subject lands are located within the Horseshoe Valley Rural Settlement Area and are designated Low Density Residential according to Schedule `D' to the Township's Official Plan. Development Services October 6, 2021 Report No. DS2021-157 Page 4 of 13 Page 262 of 272 7.a) DS2021-157, Derek Witlib, Manager, Planning Services re: ConsentAp... Section C3 contains the policies related to the use and development of land in Rural Settlement Areas. Specifically, Section C3.2 of the Official Plan states that "Permitted uses in [this designation include] ... low density residential uses ...". Similarly, Section C14.3.4.1 (Horseshoe Valley Residential Designation) identifies the following permitted uses: single detached dwellings, home occupations, bed and breakfast establishments and private recreational uses such as golf courses and accessory uses. For the purposes of the creation a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies contained in Section D2.1 and D2.2.1 of the Township's Official Plan, in evaluating the proposed application for consent. These policies and Staff's comments are provided below: Section D2.1 — Preferred Means of Land Division Land division by Plan of Subdivision, rather than by consent, shall generally be required if: a) the extension of an existing public road or the development of a new public road is required to access the proposed lots; or, b) the area that is proposed to be developed is not considered to be infilling; or, c) a Plan of Subdivision is required to ensure that the entire land holding or area is developed in an orderly and efficient manner, or, d) more than four lots including the retained lands are being created and/or the owner is retaining sufficient lands for the development of additional lots. In Planning Staff's opinion, Consent rather than a Plan of Subdivision, would be the appropriate means through which to consider the proposed lot as infilling on a Township maintained road. Section D2.2.1 — New Lot by Consent— General Criteria Section D2.2.1 of the Official Plan contains tests for the creation of a new lot by way of Consent. These tests, along with Planning Staff's comments, are listed below: a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis: Conforms. Planning Staff have received the comments of the Operations Department and no driveway entrance concerns have been identified. Entrance permits will be required. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: No access is proposed to Horseshoe Valley Road (County Road 22). Development Services October 6, 2021 Report No. DS2021-157 Page 5 of 13 Page 263 of 272 7.a) DS2021-157, Derek Witlib, Manager, Planning Services re: ConsentAp... c) Will not cause a traffic hazard; Conforms. Planning Staff have received the comments of the Operations Department and no traffic concerns have been identified. Entrance Permits will be required to ensure compliance with Township by-laws. 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 proposed lot sizes are dependent on servicing by way of a Township owned and operated communal septic system. It has been confirmed by Environmental Services Staff that connections are available. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms. The applicant has proposed that both the severed and retained lands be serviced by the Skyline private communal water system and that sewage disposal be provided by way of new connections to a Township owned and operated communal tile bed. No concerns have been identified with respect to a new connection to the private communal water system (Skyline). It has recently been confirmed by Environmental Services Staff that connections are available to the Township owned and operated communal tile bed. f) Will not have a negative impact on the drainage patterns in the area; Conforms: the Development Engineering Division has advised of no objection to the applications and has stated that the proposed development would be subject to review/approval of an Engineered Lot Grading Plan as part of the Building Permit submission in accordance with the Township's policies. This is process is considered adequate to address drainage considerations. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Conforms: The retained lands are not designated or sized to accommodate development beyond the level of their current use, which is for single detached residential purposes. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area; Conforms: There are no known natural heritage feature on the lands or nearby that would be impacted by the proposed development. Development Services October 6, 2021 Report No. DS2021-157 Page 6 of 13 Page 264 of 272 7.a) DS2021-157, Derek Witlib, Manager, Planning Services re: ConsentAp... i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Conforms. A connection to the Township communal tile bed would generally be considered to be a positive step to reduce any potential groundwater impacts. It has recently been confirmed by Environmental Services Staff that connections are available to the Township owned and operated communal tile bed. 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. Planning Staff has reviewed the Consent application against all of the criteria identified in Section 51(24) of the Planning Act and has determined that the application meet the requirements of the Planning Act. Based on the above, the applications are considered to conform to the Official Plan. Zoning By-law 97-95 The subject lands are zoned Residential One Exception 63 (R1*63) by Township of Oro- Medonte Comprehensive Zoning By-law 97-95, as amended. The development proposes a new single detached dwelling, which is a permitted use in the R1*63 Zone. The applicant has submitted Minor Variance Application 2021-A-19 to: • Permit a reduced lot area of 0.1352 hectares (0.33 acres) for the proposed severed parcel; • Recognize Pine Ridge Trail as a Front Lot Line; and • Recognize Horseshoe Valley Road as an Exterior Side Lot Line. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The variances, if approved, would facilitate residential infilling within a serviced Rural Settlement Area in a manner that would conform to the residential lot creation and servicing policies of the Official Plan. Do the variances maintain the general intent and purpose of the Zoning By-law? The purpose of the Zoning By-law's minimum lot size requirement in the R1 Zone is to ensure that residential lots can support private individual services (well and septic system) when other Development Services October 6, 2021 Report No. DS2021-157 Page 7 of 13 Page 265 of 272 7.a) DS2021-157, Derek Witlib, Manager, Planning Services re: ConsentAp... forms of servicing are unavailable, as well as to provide a low-density residential form of development. Servicing of the lands will be achieved through connection to the existing private communal water system and the existing municipal communal septic system, and the size of the lot is not a concern in this respect. Since the severed lot will be and end lot on the street, its reduced size will have no tangible impact on the low-density residential character of the neighbourhood. The requested variance with respect to the identification of the front and exterior lot line are a technical matter resulting from the somewhat irregular triangular lot bordering on two streets. The development of lands would still meet all required setbacks as set out in the Zoning By- law. Based on the above, the variances maintain the general intent and purpose of the Zoning By- law. Are the variances appropriate for the desirable development of the lot? The lot would be fully functional in with respect to mattes such as servicing, parking, setbacks and outdoor amenity space associated with the proposed single detached residential use. Therefore, the variances are considered desirable for the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. Planning Staff are of the opinion that the requested variances would facilitate a development that would have no negative impacts on the character of the existing residential neighbourhood or on the use and enjoyment of the immediately surrounding properties. Therefore, the variances are considered minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the 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 October 6, 2021 Report No. DS2021-157 Page 8 of 13 Page 266 of 272 7.a) DS2021-157, Derek Witlib, Manager, Planning Services re: ConsentAp... Corporate Strategic Goals: Planning Staff is of the opinion that these applications would be consistent with the following Strategic Goal of the Township: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: Notice of these applications were circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Environmental Services: The Township has received an updated ECA for Tile Field 3, permitting three (3) additional connections. All connection costs to the municipal communal tile system to be borne by the applicant and field work for connection to be scheduled with Environmental Services, each serviced lot to include a private septic tank (4500L) as pre- treatment. Upon approval of the site plan/building permit, and payment of the trench fee, the applicant needs to arrange connection, advise Environmental Services so staff may be on site and complete an inspection of the tank and trench. It is important that the tank and trench do not get covered so that Staff are able to inspect. Billing for service to be initiated upon connection, home owners to provide proof of private septic tank pump out and/or inspection to Environmental Services every 3 years to support Township compliance with ECA. • Development Engineering: No objection. Engineered Lot Grading required at time of building permit application. • Operations Division: No concerns. Entrance Permit required. • Bell Canada: No concerns. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Conclusion: Based on Planning Staff's analysis, it is recommended that Consent Application 2021-B-17 and Minor Variance Application 2021-A-19 be approved, on the basis that the applications are consistent with and conform to Provincial, County and Township land use policies, meet the Consent requirements of Section 51(24) of the Planning Act, satisfy the four Minor Variance tests of Section 45(1) of the Planning Act, and represent good planning. Development Services October 6, 2021 Report No. DS2021-157 Page 9 of 13 Page 267 of 272 7.a) DS2021-157, Derek Witlib, Manager, Planning Services re: ConsentAp... Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Deputy CAO/Director of Development Services September 30, 2021 Development Services October 6, 2021 Report No. DS2021-157 Page 10 of 13 Page 268 of 272 7.a) DS2O21-157, Derek Witlib, Manager, Planning Services re: ConsentAp... -nva.ey;Rd� 13 -� 14 28 12 11 T ` 26 Hd—.. -.111 Y R 10 9 24 8 6 22 Ie Hid9R Q°a A f 4 2 20� uiy 14 yj�� 18 Q 1 7 2 17 12 5 4 14 3 -0 6 10 m 7 1 �� 12 1 U) 8 8 `aQse 5 6 Q ¢ 10 3 LQ 10 3 4 8 5 12 6 4 7 9 1 2 2 R`J 22 Horseshoe Valley Rd.W. � 2 � 1 22 24 4 � 3 V31 26 6 5 ID 28 1101 g 4 7 25 27 hc., 30 10 g at �29 Q12 Schedule 1 Am LocationToumship of ® Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2021-B-171A-19 ✓ I i i i Development Services October 6, 2021 Report No. DS2021-157 Page 11 of 13 Page 269 of 272 7.a) DS2021-157, Derek Witlib, Manager, Planning Services re: ConsentAp... �"Ll Rd� -MnonstoneRd. T o00 Ha�seshae•all y o!d•ea�-Rd.- Rid4F.. Q� Jr .^art i Horseshoe Valley Rd. W. ' r Schedule 2 � Aerial Photo h -- Toumsip of ®Subject Lands Proud Heritage,Exciting Future 0 30 m File Number.2021-B-17/A-19 N I i i Development Services October 6, 2021 Report No. DS2021-157 Page 12 of 13 Page 270 of 272 7.a) DS2O21-157, Derek Witlib, Manager, Planning Services re: ConsentAp... Schedule 3: Applicant's Consent Sketch yey 0 Uj h-„ n 1 --- \9 d o 0 Asa z T _ o � . a Development Services October 6, 2021 Report No. DS2021-157 Page 13 of 13 Page 271 of 272 8.a) Correspondence dated July 28, 2021 and October 1 , 2021 from 2187459... From: Hughes, Harry <harry.hughes(a)oro-medonte.ca> Sent: October 1, 2021 3.01 PM To: Aubichon, Yvonne <yaubichon(a-)oro-medonte.ca>; Legget, Jenny <ilegget(a)oro-medonte.ca> Cc: Leigh, Andria <aleigh(a)oro-medonte.ca>; Dunn, Robin <rdunn(a-)oro-medonte.ca>; Scott, Shawn <shawn.scott(a)oro-medonte.ca> Subject: Agenda Item From: kmiy(a-)rogers.com <kmiy(a-)rogers.com> Sent: July 28, 2021 12.12 PM To: Hughes, Harry <harry.hughes(a)oro-medonte.ca> Subject: Wording for Allstar Auctions Clause At our last Development Services Committee (May 5, 2021) the application for the Allstar Auction Property was approved. One of the conditions was the granting of the 3.Om strip of land to the Township. The complications to the granting of this land is that the owner's well and fencing is on this strip of land. The owner is in agreement with donating the land but wants to have it delayed until such time as the land is needed for widening the road (if ever). Please add this request to the next upcoming council meeting. Here is the wording for the clause on the proposed future road widening. The package got submitted yesterday with the road description filled in by Vic's planner. The Owner agrees that in exchange for the Township agreeing not to require the gratuitous dedication of the 3.Om wide strip of land identified on the site plan as "LANDS TO BE DEDICATED IN FUTURE AS PART OF A POTENTIAL ROAD WIDENING FOR ----------------" (the "Lands") as a requirement of site plan approval, that it will at a future date upon the request of the Township dedicate the Lands to the Township free and clear of any and all encumbrances and will further at the time of dedication in the future remove any and all structures, including but not limited to any fencing and wells from the Lands that may exist. The Township agrees that until the dedication is required that the Owner may maintain their current fence and well on the Lands. The Town will not seek nor will it require the dedication of the Lands from the Owner until such time as it has confirmed that road widening is required in order to facilitate the construction related to the widening of ------------- and a contract for the said construction has been tendered. The Owner agrees that it will register on title to the lands a warning which identifies the future dedication and the conditions of same to be provided and that it will not seek, nor will it be entitled to require any compensation for the dedication in the future. Page 272 of 272