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12 01 2021 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda T htpo Electronic Meeting Pi-ond Heritage, Exciting Future Wednesday, December 1, 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 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: Page 1 of 399 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 18 a) Minutes of Development Services Committee meeting held on Wednesday, November 3, 2021. 5. Public Meetings: None. 6. Public Hearings: 19 - 41 a) 5:40 p.m. DS2021-172, Danielle Waters, Planner re: Minor Variance Application 2021-A-73, Derek Surerus, 32 Broadview Avenue. 42 - 67 b) 6:00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-78 Matthew Rogers, 5 Orillia Road. 68 - 98 c) 6:10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: Consent Applications 2021-B-38 and 2021-B-39, Bartor Associates Ltd., Part of Lot 27, Con. (Oro), Township of Oro-Medonte. 99 - 144 d) 6:20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-45 and Minor Variance Application 2021-A-77, Robert Bolton and Shannon Knox, 1 Baycrest Drive [Report to be distributed]. 145 - 179 e) 6:30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applications 2021-B-47; 2021-B-48 and 2021-B-49, Modern Fabrication Inc., Oro, Con 5 Pt Lot 21 RP 51 R-23263 Parts 2 to 17 and Parts 23 to 29. 180 - 220 f) 6:40 p.m. DS2021-178, Michael Barton, Township Planning Consultant, re: Consent Application 2021-B-50, Mary Robertson, 1404 Line 12 North [Report to be distributed]. 221 - 241 g) 6:50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re: Consent Application 2021-B-51, Roy Hastings, 2262 Line 11 South. 242 - 271 h) 7:00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-52, Jeff Penman, 193 Line 11 North. 272 - 312 i) 7:10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant re: Consent Applications 2021-B-43 and 2021-B-44, Kyla Delong, Concession 7, Part Lot 26, Reference Plan 51 R6384 Part 5 (Oro). Page 2 of 399 313 - 364 j) 7:20 p.m. DS2021-182, Michael Barton, Township Planning Consultant re: Consent Application 2021-B-46 and Minor Variance Application 2021-A-74, Kyla and Daniel Delong, 910 Line 7 South. 7. Reports of Municipal Officers: 365 - 399 a) DS2021-184, Danielle Waters, Planner re-Minor Variance Application 2021- A-65, Al and Donna Billes, 25 Brambel Road. 8. Next Meeting Date: Wednesday, January 5, 2022. 9. Adjournment: a) Motion to Adjourn. Page 3 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte (w Development Services Committee Minutes Township of tPi Electronic Meeting Proud Heritage,Exciting Future Wednesday, November 3, 2021 5:30 p.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Staff Andria Leigh, Deputy CAO/Director, Development Services; Derek Witlib, Present: Manager, Planning Services; Andy Karaiskakis, Senior Planner, Catherine McCarroll, Intermediate Planner; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: " . P%,N Mayor H.S. Hughes assumed the Chair at the above-noted time and called the meeting to order. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC211103-1 Moved by Scott, Seconded by Greenlaw It is recommended that the agenda for the Development Services Committee meeting of Wednesday November 3, 2021 be received and approved. Carried. Page 1 of 15 Page 4 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, October 6, 2021. Motion No. DSC211103-2 Moved by DeSousa, Seconded by Keane 40k It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, October 6, 2021 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 15 Page 5 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . 6. Public Hearings: a) DS2021-167, Andy Karaiskakis, Senior Planner re- Minor Variance Application 2021-A- 67, Michel Verreault and Manon Castilloux, 190 Mill Pond 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 Michel Verreault and Manon Castilloux. The following correspondence was received- Alderville First Nation dated October 19, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated October 19, 2021; Township of Oro-Medonte, Operations Division dated October 19, 2021 . Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Michel Verreault, applicant was present. -N, &. 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. DSC211103-3 Moved by Hough, Seconded by Veitch' It is recommended 1. That DS2021-167, Andy Karaiskakis, Senior Planner re- Minor Variance Application 2021-A-67, Michel Verreault and Manon Castillous, 190 Mill Pond Sideroad be received and adopted. 2. That Minor Variance Application 2021-A-67 by Michel Verreault & Manon Castilloux to permit an agricultural lot size of 1 .8 hectare (4.4 acres) for a hobby farm on lands municipally known as 190 Mill Pond Sideroad, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2021-167. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 15 Page 6 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . b) DS2021-160, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-68, Peter Buchanan and Margaret Mikkelborg, 13 Forrester 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 Peter Buchanan and Margaret Mikkelborg. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated October 15, 2021; Township of Oro-Medonte, Operations Division dated October 15, 2021 ; Lake Simcoe Region Conservation Authority dated October 20, 2021 . Andria Leigh, Deputy CAO/Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Margaret Mikkelborg, 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. DSC211103-4 Moved by Keane, Seconded by Hough; It is recommended 1. That DS2021-160, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-68, Peter Buchanan and Margaret Mikkelborg, 13 Forrester Road be received and adopted. 2. That Minor Variance Application 2021-A-68 by Margaret Mikkelborg and Peter Buchanan, specifically for permission to build a detached garage with a minimum west side yard setback of 0.6 metres be approved subject to the conditions as outlined in DS2021-160. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 15 Page 7 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . c) DS2021-168, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-71, John and Terri Vellinga, 1901 Ridge 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 John and Terri Vellinga. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated October 18, 2021 ; Township of Oro-Medonte, Operations Division dated October 18, 2021; Lake Simcoe Region Conservation Authority dated October 22, 2021 . Aff Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Matthew Reid, on behalf of the applicant was present. John Vellinga, 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. DSC211103-5 Moved by Veitch, Seconded by Scott It is recommended 1 . That DS2021-168, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-71, John and Terri Vellinga, 1901 Ridge Road West be received and adopted. 2. That Minor Variance Application 2021-A-71 by John & Terri Vellinga, specifically for permission to permit a boathouse with a reduced easterly interior side yard of 1.34 metres (4.4 feet) and an increased height of 5 metres (16.4 feet), on the lands municipally known as 1901 Ridge Road West, Township of Oro-Medonte, be approved, subject to the conditions as outlined in DS2021-168. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 15 Page 8 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . d) DS2021-165, Danielle Waters, Planner re: Minor Variance Application 2021-A-70, David Burgess and Marites Calacala, 551 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 David Burgess and Marites Calacala. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated October 15, 2021; Township of Oro-Medonte, Operations Division dated October 15, 2021 ; Nottawasaga Valley Conservation Authority dated October 20, 2021 ; Ministry of Transportation dated October 29, 2021 . Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. David Burgess, applicant, was present. 1% Ak, 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. DSC211103-6 Moved by Greenlaw, Seconded by DeSousa *P0 IV It is recommended 1. That DS2021-165, Danielle Waters, Planner re: Minor Variance Application 2021-A- 70, David Burgess and Marites Calacala, 551 Penetanguishene Road be received and adopted. 2. That Minor Variance Application 2021-A-70 by David Burgess and Marites Calacala specifically to permit the construction of a single detached dwelling with a setback of 5.6 metres (18.3 feet) to the Environmental Protection Zone and 22.0 metres (72.1 feet) to a watercourse, on lands municipally known as 551 Penetanguishene Road, be deferred, to allow the applicant's the opportunity to address the concerns provided by the Nottawasaga Valley Conservation Authority (NVCA) and for the applicants to obtain an EIS from a qualified consultant to assess potential natural heritage impacts. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 15 Page 9 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . e) DS2021-161, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-72, Pauline and Robert Stuart, 49 Grandview 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 Pauline and Robert Stuart. The following correspondence was received: Alderville First Nation dated October 19, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated October 19, 2021; Township of Oro-Medonte, Operations Division dated October 19, 2021; Lake Simcoe Region Conservation Authority dated October 22, 2021. Andria Leigh, Deputy CAO/Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Robert Stuart, applicant, was present. or 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. DSC211103-7 Moved by Hough, Seconded by Greenlaw It is recommended 1. That DS2021-161, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-72, Pauline and Robert Stuart, 49 Grandview Crescent be received and adopted. 2. That Minor Variance Application 2021-A-72 by Pauline & Robert Stuart, 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 100.3 m2 (70 m2 permitted) and lot coverage of 10% (5% permitted) be approved subject to the conditions as outlined in DS2021-161. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 15 Page 10 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . f) DS2021-166, Danielle Waters, Planner re: Consent Application 2021-B-40, Rebecca, Doug and Lana Spence, 2001 15/16 Sideroad East. 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 Rebecca, Doug and Lana Spence. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated October 15, 2021 ; Township of Oro-Medonte, Operations Division dated October 15, 2021, Bell Canada, Right of Way dated October 19, 2021 ; Lake Simcoe Region Conservation Authority dated October 22, 2021 ; Tom and Theresa Malloy dated October 26, 2021; Kevin Moore dated October 27, 2021; County of Simcoe, Planning Department dated October 28, 2021 ; Ashley Kerr dated November 1 , 2021 . Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Lana Spence, 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. DSC211103-8 GEL %k Moved by Scott, Seconded by Keane It is recommended 1. That DS2021-166, Danielle Waters, Planner re: Consent Application 2021-B-40, Rebecca, Doug and Lana Spence, 2001 15/16 Sideroad East be received and adopted; 2. That Consent Application 2021-B-40 by Rebecca, Doug and Lana Spence, to create an agricultural lot on the lands municipally known as 2001 15/16 Sideroad East, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2021-166. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 15 Page 11 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . g) DS2021-162, Catherine McCarroll, Intermediate Planner re- Consent Application 2021- B-41, Shirley and Peter Shelswell, Concession 7, Part Lots 26 and 27 Reference Plan 51 R6384 Part 2 (Oro). 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 Shirley and Peter Shelswell. The following correspondence was received- Township of Oro-Medonte, Manager, Development Engineering dated October 15, 2021; Township of Oro-Medonte, Operations Division dated October 18, 2021 , Bell Canada, Right of Way dated October 19, 2021; Severn Sound Environmental Association dated October 21 , 2021 ; Lake Simcoe Region Conservation Authority dated October 22, 2021. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. "4,*David Shelswell, 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. DSC211103-9 Moved by Greenlaw, Seconded by Veitch' hN., It is recommended 1. That DS2021-162, Catherine McCarroll, Intermediate Planner re- Consent Application 2021-B-41 , Shirley and Peter Shelswell, Concession 7, Part Lots 26 and 27 Reference Plan 51 R6384 Part 2 (Oro) be received and adopted. 2. That Consent Application 2021-B-41 by Shirley & Peter Shelswell, to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), a lot depth of approximately 65.5 metres (215.0 feet) and an area of approximately 0.4 hectares (1.1 acres) to be added to the property located at 166 Lakeshore Road West, be approved subject to the conditions as outlined in DS2021-162. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 15 Page 12 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . h) DS2021-169, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B- 42, Pat and Linda Luck, 865 Ridge Road East. 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 Pat and Linda Luck. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated October 18, 2021; Bell Canada, Right of Way dated October 21, 2021; Lake Simcoe Region Conservation Authority dated October 22, 2021 ; County of Simcoe, Planning Department dated November 1, 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*. 44,,,, 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. DSC211103-10 Moved by Keane, Seconded by Hough It is recommended 1. That DS2021-169, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-42, Pat and Linda Luck, 865 Ridge Road East be received and adopted. 2. That Consent Application 2021-B-42 by Pat & Linda Luck for the creation of a new agricultural lot (hobby farm) be deferred pending receipt of comments from the County of Simcoe and to allow the applicants to address the comments received from the Lake Simcoe Region Conservation Authority. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 15 Page 13 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . i) DS2021-164, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-69, Ron and Cheryl Bowler, 151 Line 5 North (Report to be distributed). 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 Ron and Cheryl Bowler. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated October 15, 2021; Township of Oro-Medonte, Operations Division dated October 15, 2021 , Peter Galloway dated October 29, 2021. Andria Leigh, Deputy CAO/Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Ron Bower, 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. DSC211103-11 Moved by DeSousa, Seconded by Scott It is recommended 1. That amended DS2021-164, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-69, Ron and Cheryl Bowler, 151 Line 5 North be received and adopted. 2. That Minor Variance Application 2021-A-69 by Ron & Cheryl Bowler, specifically for permission to place 6 shipping containers on the subject property that will be 100% occupied by the existing Home Occupation, be deferred to obtain further information from the applicant to address the comments outlined in DS2021-164. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 11 of 15 Page 14 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . 7. Reports of Municipal Officers: a) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent Application 2021- B-02 (North), 363 Line 12 North. The Committee consented to allow Josh Morgan, Morgan Planning and Development to provide additional comments. Map correspondence was shared on the screen. Motion No. DSC211103-12 Moved by Veitch, Seconded by Greenlaw It is recommended 1. That DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent Application 2021-B-02 (North), 363 Line 12 North be received and adopted. 2. That Consent Application 2021-B-02 by Bruce North, to permit a boundary adjustment on the lands municipally known as 363 Line 12 North, Township of Oro- Medonte, be denied on the basis that the application is not consistent with the Provincial Policy Statement and does not conform with either the County Official Plan or the Township Official Plan. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Defeated. Recorded Vote Requested by Councillor Veitch Councillor Veitch Yea Councillor Greenlaw` Yea Councillor DeSousa Nay Deputy Mayor Hough Nay Councillor Keane Nay Councillor Scott Yea Mayor H.S. Hughes Nay Motion No. DSC211103-13 Moved by Keane, Seconded by DeSousa It is recommended 1. That DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent Application 2021-B-02 (North), 363 Line 12 North be received. 2. That Consent Application 2021-B-02 by Bruce North, to permit a boundary adjustment having a lot frontage of approximately 131 .0 metres (429.8 feet), a lot depth of approximately 665.0 metres (2,181.8 feet) and an area of approximately 11.3 hectares (28.0 acres) to be added to the property located at Concession 13 West Part Lot 18 Reference Plan 51 R33102 Part 1, be approved subject to the conditions as outlined below. Page 12 of 15 Page 15 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . 3. The conditions are as follows: a) That, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land dimensioned to the satisfaction of the Director, Operations and Community Services, that said parcel be deeded gratuitously to the Township for road purposes; that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that survey costs associated with the dedication be born the Owner. b) That the severed lands being Concession 13 West Part Lot 17 with an area of approximately 11.3 hectares (28.0 acres) and approximately 131.0 metres (429.8 feet) of frontage on Line 12 North be merged in title with the abutting property to the south, described as Concession 13 West Part Lot 18 Reference Plan 51 R33102 Part 1 , and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. c) That the benefitting lands be rezoned to an Agricultural/Rural Zone to the satisfaction of the Township of Oro-Medonte. d) That all municipal taxes be paid to the Township of Oro-Medonte. e) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. g) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. h) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). Warning: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 13 of 15 Page 16 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . b) DS2021-170, Danielle Waters, Planner re: Request for Temporary Trailer at 595 Old Coldwater Road by Matthias Meyer [Refer to Item 5a) 11 03 2021 Council Agenda]. Motion No. DSC211103-14 Moved by Hough, Seconded by Greenlaw It is recommended 1. That DS2021-170, Danielle Waters, Planner re: Request for Temporary Trailer at 595 Old Coldwater Road by Matthias Meyer be received and adopted. 2. That Committee authorizes the request of Matthias Meyer, to temporarily reside in a trailer on the property at 595 Old Coldwater Road, which is to be removed after the completion of their new dwelling to a maximum of twelve (12) months from the time of issuance of the permit for the new dwelling. 3. That the appropriate by-law authorizing the temporary agreement be brought forward for Council's consideration. 4. That the applicant be advised of Committee's decision under the Director, Development Services' signature. Carried. c) Andria Leigh, Deputy CAO/Director, Development Services re: Appointment of Secretary-Treasurer and Deputy Secretary-Treasurer. Motion No. DSC211103-15 Moved by Keane, Seconded by Veitch It is recommended 1 . That the verbal information presented by Andria Leigh, Deputy CAO/Director, Development Services re: Appointment of Secretary-Treasurer and Deputy Secretary-Treasurer be received. 2. That Catherine McCarroll be appointed as Deputy Secretary-Treasurer effective immediately. I%f Carried. 8. Next Meeting Date: Wednesday, December 1, 2021. Page 14 of 15 Page 17 of 399 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 3, 2021 . 9. Adjournment: a) Motion to Adjourn. Motion No. DSC211103-16 Moved by Scott, Seconded by Keane It is recommended that we do now adjourn at 8.41 p.m. Carried. An audio file is available through the Township's website. 1916, Mayor H.S Hughes, Chair Andria Leigh, Deputy CAO/ Director, Development Services Page 15 of 15 Page 18 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re: Minor Variance A... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-172 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # December 1, 2021 Minor Variance Application 2021-A-73 Roll #: Derek Surerus R.M.S. File #: 4346-010-005-27100 32 Broadview Avenue D13-60086 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-172 be received and adopted. 2. That Minor Variance Application 2021-A-73 by Derek Surerus, specifically for permission to permit a detached accessory building with an exterior side yard setback of 2.5 metres (8.2 feet) on the lands municipally known as 32 Broadview Avenue, Township of Oro-Medonte, be deferred, to allow the applicant to review the proposed location of the detached accessory building in relation to the septic system. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.14 hectares (0.47 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and small detached accessory structure. The applicant is proposing to construct a new detached accessory building. The applicant is requesting relief from the following section of Zoning By-law 97-95, as amended: Section 5.1 .3 c) / Table B1 — Exterior side yard, R1 Required. Proposed: 4.5 metres (14.7 feet) 2.5 metres (8.2 feet) The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Development Services December 1, 2021 Report No. DS2021-172 Page 1 of 10 Page 19 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re: Minor Variance A... Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .3 — Settlement Areas are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Settlement Areas section supports residential development and intensification within these boundaries; the applicants are proposing construction of a new detached accessory building that would be permitted by these policies. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. The subject application has been reviewed by Planning Staff with respect to the Places to Grow policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification ... [and] 1) directing development to settlement areas ...... Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed structure conforms to the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is a residential lot within a rural settlement area (Prices Corners). Planning Staff is of the opinion that this application for a new detached accessory building conforms to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements, and minimize land consumption and servicing costs" (County of Simcoe, 2016). Development Services December 1, 2021 Report No. DS2021-172 Page 2 of 10 Page 20 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re: Minor Variance A... In Planning Staff's opinion, the applicant's minor variance application conforms to the general intent and purpose of the County's Official Plan by focusing development within the settlement area of Prices Corners. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent of the Official Plan? The subject lands are within the Rural Settlement Area of Prices Corners, which forms part of the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation includes single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variance pertaining to the construction of an accessory building is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97-95, as amended. Detached accessory buildings are permitted in the R1 Zone. The primary purpose of the exterior side 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 proposed location will allow for continued use of the existing driveway. The proposed accessory building will be smaller than the dwelling and an existing fence and vegetation will provide additional buffering. The proposed building will appear secondary and subordinate to the residential use of the property. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Development Services December 1, 2021 Report No. DS2021-172 Page 3 of 10 Page 21 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re: Minor Variance A... Is the variance appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted that the proposed building would be partially visible from the neighbouring properties, but that the existing vegetation along the abutting lot line as well as a fence, will allow for buffering. The proposed structure will be in keeping with the residential character of the neighbourhood as several of the surrounding properties have detached accessory buildings. However, based on the comments received from the Building Division, the structure in its proposed location will be located within the required setback from the existing septic bed. The applicant has agreed that a deferral of the application is best to allow for a revised location of the structure to be determined, or to review the potential of relocating the septic field. Based on the above, Planning Staff will require additional information to decide if the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. The structure is not anticipated to have an adverse impact on the neighbourhood as it will appear to be secondary from the road, vegetation will soften the appearance of the building from neighbouring properties and is smaller in height/ floor area than the existing dwelling. In Planning Staff's opinion, the requested Minor Variance is minor in nature. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services December 1, 2021 Report No. DS2021-172 Page 4 of 10 Page 22 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re: Minor Variance A... Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • Review and Update Official Plan Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building Division o Septic record on file indicates width of system is approximately 41 feet wide. Setback from sewage system is to be provided to proposed structure o Applicant to indicate proposed location meets required setbacks from existing sewage system or apply for and obtain septic permit for relocation • Township Development Engineering o No objections o Engineered Lot Grading required • Township Infrastructure and Capital Projects o No objection Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-73 be deferred, to allow the applicant time to review options for the location of the existing septic system in relation to the proposed structure. Development Services December 1, 2021 Report No. DS2021-172 Page 5 of 10 Page 23 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re: Minor Variance A... Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services November 25, 2021 Andria Leigh Deputy CAO/Director, Development Services November 25, 2021 Development Services December 1, 2021 Report No. DS2021-172 Page 6 of 10 Page 24 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location map 7v r-7 92 —I 8 8 9 .pooam�a�a.� I 100 t Bean'oe a ler n5. 10 11 104 r Id w.� 4 11 T Doreen Ave. 112 Ali idge Rears 12 Q 15 16 116 50 53 10 O 4 O 24 01 17 52 55 y y 122 8 N 28 26 18 . J 54 19 57 8 130 56 58 61 4 6 21 138 29 27 25 23 63 so 2 62 It 36 32 30 28 26 24 18 G 64 9L N Broadview Ave. 66 69 68 71 70 73 72 77 74 1 79 9 75 83 Bass 78 Lake 80 85 82 87 84 90 69 204 200 Schedule 1 Location '1 awash i1�of ®Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2021-A-73 a 1 1 1 i Development Services December 1, 2021 Report No. DS2021-172 Page 7 of 10 Page 25 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo —V mil. -Moon Intone Ad. Arse ho V Ile Z es �� � •r _ems r L 0 D to i I Broadview Ave. Schedule 2 Aerial Photo 1bw„Shin qf Subject Lands Proud eriiQAey Exiting Future 0 20 M File Number:2021-A-73 ti I I I t Development Services December 1, 2021 Report No. DS2021-172 Page 8 of 10 Page 26 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicant Site Plan e. s$mQl goy, i.a. Wash 1.3� (Sall, BOARD E EN+ E 640J Cw C.T' ax w 4 ut, s 06 V ECK t 0Rr 1' FRAME DWFIELLIXB z i00.00, 0 F,t.13. (Plan) Schedule 3 Applicant's Site Plan 0 T, � �' ca�o��te File Number 2021-A-73 Proud Herit.a�re,Exn:iioj,Q Future Development Services December 1, 2021 Report No. DS2021-172 Page 9 of 10 Page 27 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Plan f1QT 10 ? I fO re c Schedule 4 ` Applicant's Elevation Drawing �-- 0 T h.— File Number 2021-A-73 Proud HeritnRe,Excraia,Q Frature Development Services December 1, 2021 Report No. DS2021-172 Page 10 of 10 Page 28 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re: Minor Variance A... From: Saunders, David Sent: November 10, 2021 3:22 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-A-73) Surerus Teresa /Abbey Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Regards Page 29 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re: Minor Variance A... From: McCartney, Garry Sent: November 11, 2021 10:34 AM 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 December 01, 2021 (2021-A-73) Surerus Building Division comments are as follows; 1. Septic record on file indicates width of system is approximately 41 feet wide. Setback from sewage system is to be provided to proposed structure. Thank you, Page 30 of 399 6.a) 5.40 p.m. DS2021-172, Danielle Waters, Planner re: Minor Variance A... From: Metras, Justin Sent: November 12, 2021 10:32 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-A-73) Surerus Abbey Operations has no objections or comments on this application. Justin Page 31 of 399 6.a) 5-40 p.m. DS2021-172, Danielle Waters, Planner re- Minor Variance A Ad VJ O Cu Cu > 10� E > < a) — Ca 4-0 0 > 0 CO _0 -Fu 70 o A-0 C: (1) 0 C/) CY) C 0 Cu J0 N O < Page 32 of 399 6.a) 5.40 p.m. DS2021-172, D nie a aters, Planner re: Minor Variance A... 4 Cu 0 5 �. �U) CuV/ ' (6 0) -0 •� - o � � lN. N T U) a) O 00 -0 C: • . 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N N U N (B 5 0 0 O) fU U G (B Q O 'i Q Q z (� N Cu in- - N N L 4 Q O �' > O +, N ° fU C: Cu U N E 4- U) O O � U) OU Cu M O Q N M NV � I.L Page 41 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... /o Township of l� Report kevlolffel Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-174 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # December 1, 2021 Minor Variance Application 2021-A-78 by Roll #: Mathew Rogers R.M.S. File #: 4346-010-009-58500 5 Orillia Road D13-60129 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-174 be received and adopted. 2. That Minor Variance Application 2021-A-78 by Mathew Rogers, specifically for permission to permit a detached accessory building with a height of 4.57 metres and a floor area of 111 .5 square metres to temporarily be the sole use in a front yard until a new dwelling is built, on the lands municipally known as 5 Orillia Road, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-174. 3. The conditions are as follows: a. That notwithstanding Table Al , Section 5.1.2, Section 5.1.3, Section 5.1.4 and Section 5.1 .6 the existing garage shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the existing garage is not to be used for human habitation; c. That this Minor Variance approval shall expire after 5 years from the date of the Decision (expire after December 1, 2026); 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject lands contain a single detached dwelling that was built in 1936 with an attached garage that was built in 2017. The applicants are proposing to demolish the dwelling portion of the structure and construct a new dwelling within 5 years. The garage portion of the structure is proposed to remain. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Development Services December 1, 2021 Report No. DS2021-174 Page 1 of 10 Page 42 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... Table Al Residential Zones Permitted Uses — R1 Zone Permitted: Proposed: Single Detached Dwelling Detached accessory building to be sole use on property until the new dwelling is rebuilt Section 5.1.2 Timing of construction Required: Proposed: No detached accessory building or Detached accessory building to be sole structure shall be erected on a lot prior to use on property the erection of the main building on the lot. Section 5.1 .3 a) Permitted locations Required: Proposed: Not be located in the front yard. Front No dwelling, therefore to be located in the yard for a detached building is determined front yard. by the location of a dwelling Section 5.1.4 Maximum height Required. Proposed: 4.5 metres (14.7 feet) 4.57 metres (15.0 feet) Section 5.1 .6 Maximum floor area Required. Proposed: 70.0 square metres 753.5 square feet). T1 11 .5 square metres 1200.0 square feet The subject property is located on the east side of Orillia Road. A Location Map is included as Schedule 1. Surrounding land uses consist of single detached dwellings. An Aerial Photo is included as Schedule 2. 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 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The application represents limited, resource-based (shoreline area) residential development that is consistent with the PPS with respect to Rural Areas. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS, as is pertains to an accessory building associated with a residential Development Services December 1, 2021 Report No. DS2021-174 Page 2 of 10 Page 43 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re- use in the shoreline area. The application is also considered to be consistent with the Natural Heritage, Water, and Natural Hazards policies of the PPS, based on the comments that have been provided by the LSRCA in support of the application. A Place to Grow, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed variances conform to the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area where, pursuant to Section 4.2.4.5 (Lands Adjacent to Key Hydrologic Features) of the Growth Plan, limited development is permitted outside of settlements areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1 , 2017. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The LSPP addresses long term environmental issues in Lake Simcoe and its watershed by: • Promoting immediate action to address threats to the ecosystem, such as excessive phosphorus; • Targeting new and emerging causes of stress such as invasive species and climate change-land • Protecting and restoring important natural areas such as shorelines and wetlands restoring the health of the fish and other aquatic life. Planning Staff have reviewed the relevant development policies of the LSPP and find the requested variances to be in conformity. This is supported by the comments of the Lake Simcoe Region Conservation Authority (LSRCA) who have recommended approval of the application. County Official Plan The boathouse building location is proposed on lands that are designated Rural by the Simcoe County Official Plan. The Rural Designation (Section 3.7) permits limited residential development. Section 3.13 (Lake Simcoe Protection Plan) of the Official Plan contains policies that promote environmentally sustainable land uses and develop, protect, improve and restore elements that contribute to the ecological health of Lake Simcoe, and that permit limited development within 120 metres of Lake Simcoe in built- up shoreline areas. In Planning Staff's opinion, the proposed variances are in conformity with the County's Official Plan as the existing garage is associated with a current residential use and a proposed future residential use. Development Services December 1, 2021 Report No. DS2021-174 Page 3 of 10 Page 44 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... 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 variances are minor; (2) whether the variances are desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The subject lands are designated Shoreline by the Township's Official Plan. Permitted uses in this designation include single detached dwellings and, by extension, accessory buildings such as garages. Planning Staff is of the opinion that, subject to the imposition of a condition that a dwelling be constructed on the lands within 5 years, this application conforms to the Official Plan because it will meet the objectives of Section C5.1 , including, "To maintain the existing character of this predominantly residential area". Does the variances conform to the general intent of the Zoning By-law? The subject property is zoned Shoreline Residential by the Township's Zoning By-law 97-95, as amended. The applicant is seeking relief from the Zoning By-law to a structure that is currently an attached garage, to remain as a detached garage for a temporary period of up to 5 years since the existing dwelling is proposed to be demolished and replaced. The Zoning By-law does permit garages or buildings that are not dwellings to be stand- alone uses on residentially-zoned lands. This is to ensure that residential dwellings are the main use on lands in residential zones, so that such lands are not used for non- residential purposes such as storage or commercial uses. Additionally the by-law prohibits human habitation of an accessory building to ensure a building not designed for residential purposes is not utilized for this. When the sole structure on a residential property is the non-dwelling, it could further encourage the prohibited human habitation. Additional relief from the Zoning By-law is required with respect to building height, floor area and the location of the existing garage, as these non-compliances will occur once the dwelling portion is demolished and the garage is stand-alone structure. In order to ensure that the stand-alone garage does not become a long-term or permanent use of the lands, it is necessary to impose a time limit on the variance. The applicant has advised that it is his intent to construct a new dwelling on the lands within Development Services December 1, 2021 Report No. DS2021-174 Page 4 of 10 Page 45 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... 2-5 years. Planning Staff find a 5-year time-frame to be reasonable and in alignment with the development charge credit for dwelling replacement; and have therefore included an appropriate condition in the recommendation contained in this Staff Report. Planning Staff is therefore of the opinion that, subject to the imposition of a 5-year time limitation, the requested variances meet the general intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? The existing garage has existed since 2017 and Planning Staff does not expect its proposed temporary existence as a stand-alone structure to look significantly stand-out, look out of place or detract from the character of this established residential area. The existing lot is small in area (0.0595 hectares / 0.15 acres) but is of the same size as some of the other lots located in this residential plan of subdivision (Plan 589) that dates back to 1912. Plan 589 is among a number of plans that were in 1997 the subject of By- law 97-71 which deemed certain to longer be plans of subdivision as their continued build-out was no longer considered desirable. However, the subject lands have already been developed and legally remain a lot of record. The small size of the lot and position of the existing garage provide very limited space in which to locate a future dwelling and its associated well and septic system. It is likely that the future development of the lands would include an addition above the existing garage and an addition Minor Variance Application for relief from zoning requirements such a setbacks from lot lines and minimum first-floor dwelling area. The Township's Building Division has recommended that the applicant identify a future residential rebuild location and supporting servicing (well and on-site sewage system) and all surrounding well locations with clearances, and apply for and obtain a building permit for the proposed new dwelling prior to demolition of existing dwelling. Planning Staff have considered Building Staff's comments, as well as considered that the dwelling is currently unoccupied and, according to the applicant, is no longer habitable. Under these circumstances, the same zoning, design and servicing considerations would apply to new construction, regardless of whether the existing dwelling portion of the structure is demolished now or in the future after a design is completed. Therefore, Planning Staff is of the opinion that it is not necessary for the owner to have his future construction design finalized prior to demolition or prior to approval of this Minor Variance application. Based on the above, Planning Staff are satisfied that the proposed development would be desirable for the appropriate development of the lot, provided that Staff's recommended 5-year time limit is imposed. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. The proposed temporary existence of the garage as a stand-alone structure is not expected Development Services December 1, 2021 Report No. DS2021-174 Page 5 of 10 Page 46 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... to negatively impact the character of the neighbourhood or detract from the use and enjoyment of surrounding properties. Therefore, in Planning Staff's opinion, the requested Minor Variances are minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2019 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. This application is consistent with the following goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering: No objections. An engineered lot grading plan will be required at time of building permit. • Township Operations: No objection. • Township Building Division: Demolition permit required prior to demolition of any structures. Applicant to identify future residential rebuild location and supporting servicing (well and on-site sewage system) and all surrounding well locations with clearances. Proposed accessory building appears to leave limited property space for future servicing/dwelling. Recommend that the applicant applies for and obtains permit of the proposed new dwelling prior to demolition of existing dwelling. Development Services December 1, 2021 Report No. DS2021-174 Page 6 of 10 Page 47 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... • Lake Simcoe Region Conservation Authority: Recommend approval. LSRCA permit not required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Applicant's Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-78 to permit detached accessory building with a height of 4.57 metres and a floor area of 111 .5 square metres to temporarily be the sole use in a front yard until a new dwelling is built, be approved, on the basis that the application is consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, the Township of Oro-Medonte Official Plan, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approval: Date Andria Leigh, Deputy Chief Administrative Officer/ Director Development Services & November 26, 2021 Development Services December 1, 2021 Report No. DS2021-174 Page 7 of 10 Page 48 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map i. Development Services December 1, 2021 Report No. DS2021-174 Page 8 of 10 Page 49 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo Lim 'y _ l a k Development Services December 1, 2021 Report No. DS2021-174 Page 9 of 10 Page 50 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicants Site Plan ! 1 ! may.• 25-5 1/2' IL aFY e e ' Ie i J ! J � � ! 1 I NEW ATTACHED =I= I GARAGE -� 1 I! I I �rlewr 24'-7-1/2- YIN. ! I1 J� I 1. ! i ,'-r 15'-51/2' ! cow I 011um OF 1 y �--- -_----- t, ------- __--_—__—__—_---.---�, ! Development Services December 1, 2021 Report No. DS2021-174 Page 10 of 10 Page 51 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David Sent: November 10, 2021 3:31 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-A-78) Rogers Teresa /Abbey Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Regards Page 52 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... From: McCartney, Garry Sent: November 11, 2021 8:28 AM 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 December 01, 2021 (2021-A-78) Rogers Building Division comments are as follows; 1. Demolition permit required prior to demolition of any structures. 2. Applicant to identify future residential rebuild location and supporting servicing (well and on site sewage system) and all surrounding well locations with clearances. Proposed accessory building appears to leave limited property space for future servicing/dwelling. 3. Recommend that the applicant applies for and obtains permit of the proposed new dwelling prior to demolition of existing dwelling. Thank you, Page 53 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... From: Metras, Justin Sent: November 12, 2021 10:47 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-A-78) Rogers Abbey Operations has no objection to this application. Justin Page 54 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail: plan ning@oro-medonte.ca November 22nd, 2021 Oro-Medonte File No: 2021-A-78 LSRCA File No.: VA-141308-111221 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Dear Mr. Karaiskakis: Re: Application for Minor Variance Owner/Applicant: Mathew Rogers 5 Orillia Rd., 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 applicant is proposing to demolish an existing dwelling and leave the existing attached garage on the subject property.The applicant is seeking relief to the following sections of Zoning By-law 97-95: Table Al Residential Zones Permitted Uses—R1 Zone Permitted: Proposed: Single Detached Dwelling Detached accessory building to be sole use on property until the dwelling is rebuilt Section 5.1.2 Timing of construction Required: Proposed: No detached accessory building or structure shall be Detached accessory building to be sole use on the erected on a lot prior to the erection of the main property. building on the lot. Section 5.1.3 a) Permitted locations Required: Proposed: Not be located in the front yard. Front yard for a No dwelling, therefore to be located in the front detached building is determined by the location of a yard. dwelling. Section 5.1.4 Maximum height Required: Proposed: 4.5 metres (14.7 feet) 4.57 metres (15 feet) Section 5.1.6 Maximum floor area Required: Proposed: 70 sq. m. (753.5 sq. ft.) 111.5 sq. m. (1200.0 sq. ft.) 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 55 o-fF399.800.465.0437 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Plannilra e�W iat, ... co ervation authority Page 2of4 Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing—Agency Circulation Package, dated Nov. 10t", 2021 • 'Applicants Site Plan' of the Agency Circulation Package 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 County of Simcoe and 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 in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application. Site Characteristics The subject property is partly regulated under Ontario Regulation 179/06, as per the Conservation Authorities Act. This is due to the nearby watercourse (Barillia Creek) and its associated meander belt area and floodplain hazard area. The subject property appears designated as 'Rural' by the County of Simcoe Official Plan, and designated as 'Shoreline' by the Township of Oro-Medonte Official Plan. The property is zoned as Shoreline Residential, or'SR' by the Township Zoning By-law 97-95. Page 56 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Plannilra e�W iat, ... co ervation authority Page 3 of 4 Lake Simcoe Region 5 06111a Rd.,Oro-Medonte F"tures Con5C rvdllon au;curi[y ❑ LSRCA Watershed Boundary © LSPP Watershed Boundary — Regolaeon Boundary Regulahan Area Assessment Parcel Lot and Concession . Road Lat1015 Watercourse s Roads Anmals �e Lr�!toad ' Railway Lower Tw Municipality Ti A � 5 ORlCrI RQ .10 LA KE SROR E R 0 E 5•QRILLA RID 11i2212021 3 QRLLK Rl] 132'tA 9CESHQRE RQ E iwr_ ern xnM a mneen,mw ss++r^Mve 9rM��r - wwl m,bM M.•..i,i.0 wptMnY brNr1 1 RILLIR llllllllllllllllllllll�4FQRILLIR RQ xwyn wrral. ivr�n max o�..rc�Penrr�.e wo.r�a awmmae.awn..m.vsr�m.c.wn wp/Mari.r �:i wwm+ry wr w.war.m w.rrwirrrrr INV amA.rsw.m,srac.tmE xoeiaar.mvmol.oral r.awro. S-ae 90n' Mato-, 0 1c 21 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The location of the structure to be demolished is outside of the floodplain hazard setback area, and meander belt hazard setback area across the subject property. Therefore, consistency with Section 3.1 of the PPS is demonstrated. 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. An LSRCA permit is not required, as the location of the structure to be demonslished is outside of the regulated area, as per Ontario Regulation 179/06 of the Conservation Authorities Act. Page 57 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Plannilra e�W"ift, ... co ervation authority Page 4of4 Summary Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application. 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 is applicable, however, the location of the structure to be demolished is outside of the regulated portion of the subject property. 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 58 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re. ... December 1, 2021 Development Services Committee Sent: November 30, 2021 10:25 PM 6b) Additional correspondence received To: Planning<Planning@oro-medonte.ca> Subject: Re:Application 2021-A78 Input Hello, I am writing this in response to the minor variance application regarding the proposed changes to the property at 5 Orillia Rd in Oro Station. I am concerned about the negative impact the proposed changes will have on the surrounding properties including my own. Removing the house and designating this property as a storage facility will reduce my property value. In addition, it should be noted that this house was used as an affordable permanent residence for many years until the current owners took possession. It is a shame to have the residential designation of this property be removed during a time of critical housing shortages in Ontario. I would like to be notified of the decision of the township in respect to this application. Thank you. Sincerely, S. Harrington Page 59 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... tV/ v ry V O W � r r O (N - N C) Cu •L C6 _ Cu O o .� .� OC 70 •� '� U) O � c�a can C U) a o • • 0 — � C •— a� ca •— N O t� Page 60 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... > a) _ /' � � w .� QL � 0 0 � — QL Q o 0 U) O to o 0 �O _0 L.L 70 70 70 00 Cu 4-j C: oCn o Cn to Q 0 Cn Q O Cu Cm Cu 76 70 76700- 4-0 � Uo o o 0 O� ao ao N .� a) O � N ' L O m a� Cu O o > Ca a� L (D Cn (6 O C L C: O ca 0) N E 0) 0) •U 70 T o i CQ O O a 70 70 G � O N N p O L Cu � CL � � o o N D Cu N (D CU 70 QO o � O (D Eo, � aD Z (DU N o a O av� � � z (D Page 61 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... I AA a� � o o UCu o Cu zs U � 0 O 0) N O O O O N 2 ry O N O COL L O �_ E (II a)L ^+ O > O O Ln C2 70 a- a- O O O LO O N az O 0) N U U CU Cu O 70 C) Cu C o 7 LL cU rtot . oo fc��t 75 ' ' `v L O `V V �� U Cu Cz L L O O O LO O Cu O CO 7 � O E E O E E N E V� M �_ a)U U r Cu -6 a) _ � CU L N +� LOCUCrNC L L L O CL O N O S j Cr LO 0 a)O Page 62 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... w Y 3 °+ y` V J N 00 ` r O (N N C) Cu .L- C 0 ■ O ^0 ^i li L Q Page 63 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re- i) AAA 3 �+ EA VJ ry i CO I .- ► i i aw i C i O zis U `I I ------ - ----Cu 0 C ado d171�jo C: M � a a� v) C ca v CL CL Q Page 64 of 399 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... JA w \\ Y i f 5 OJi' III Cj f t V ry /� y �`/ A--/ CO O � ^t Cu 111 70 1, O 1 • r �,iF a + ";fir G O Q% _ QL OO - Q� •C` U a. Page 65 of 399 • t d� AM jv, 92 1E 7. 1 11n x 1 �H .y -4m `r} • •, v♦ 1 i • j 1 i t 6.b) 6.00 p.m. DS2021-174, Derek Witlib, Manager, Planning Services re: ... �i (U � O (U N a 70( N O CuCn u Cnw Cu }� O Cu (U N �f (U !E C) (U ~ U C6 >' C N Cu "= Cu O X 4- N E LO (U U O (U (U Q E0 a) (6 Q �\ A O O Cu— (U U = 0 ^` D (U L 0 Cn W �- O 0 (D " Cn U 0 O Q (1) Cu �/ 0CUC � CU LL o Cu 4- 70 >' C7, ACV � m O U ;� >+ 7Cu C; O Q4 Q Q O O �_ QU C6 i= N (U E O � 0 cn � oo U CuCn CU Cn O 0 � (U Cu U — � >% N N M � 00 O •> LO (n �11 �. Cn U O L _ N � L L O Cu Cu I Cn•� Qti ._ o C Qom _ 0 (U VILO C� O C6 � C6 Cu > L U O 0 0 0 (6 C_ � �: .1 O > O Q 0 _r70 U = O 70 O Q -0 "p .2) >: (U Q i= Q Q U U U QL (6 > Qom — - 70 O � Cu Q � � - Q O 2 � � NO (U i= (U LR 0) (6 -0 O U S > U c E (6 Cu � (6 a- (- (u O c L U C6 >' Cu Cu j U �• O Q 70 z (U U U 0 Q O L � O -0 � � �( � Cu C O > 0 N O i= O Cu = 0 � (U 0 N Q Ua) CQ i= � C= O N U OU (6 (� (6 (6 CV -P 0 Cn Q O Cu H Cu = � a) � H H �N 70 s= V H CV H U Q 'U LL z Page 67 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2021-175 Committee Derek Witlib, Manager Planning Services Meeting Date: Subject: Motion # December 1, 2021 Consent Applications 2021-B-38 & 2021-B-39 by Roll #s: Bartor Associates Ltd. R.M.S. File #: 4346-010-008-30000 Part of Lot 27, Con. (Oro) D10-60043 Township of Oro-Medonte D10-60044 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-175 be received and adopted. 2. That Consent Application 2021-13-38 by Bartor Associates Ltd. to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), a lot depth of approximately 45.7 m (149.9 ft.) and an area of approximately 0.12 ha (0.32 ac.) to be added to the property located at 252 Lakeshore Road West, be approved subject to the conditions as outlined in Report DS2021-175. 3. The conditions Consent Application 2021-13-38 are as follows: a) That the severed lands with an area of approximately 0.12 ha (0.32 ac.) be merged in title with the abutting property to the south, described as Lot 50, Plan 807, with a municipal address of 252 Lakeshore Road West, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary- Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That, if required, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land dimensioned to the satisfaction of the Director, Operations and Development Services December 1, 2021 Report No. DS2021-175 Page 1 of 14 Page 68 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... Community Services, that said parcel be deeded gratuitously to the Township for road purposes (Lakeshore Road West); that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that all costs associated with the dedication be born the Owner. c) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 3.0 metre road widening along the entire frontage of the retained lands adjacent to Line 5 South, to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the 3.0 metre widening with Line 5 South as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. d) That the applicant apply for and obtain the rezoning of the severed lands to a Shoreline Residential (SR) Zone. e) That the applicant submit to the Township a Natural Heritage Evaluation for review by and to the satisfaction of the Lake Simcoe Region Conservation Authority. All costs associated with the LSRCA's review on behalf of the Township shall be fully borne by the applicant. f) That all municipal taxes be paid to the Township of Oro-Medonte. g) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. h) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. i) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. j) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Consent Application 2021-B-39 by Bartor Associates Ltd., to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), a lot depth of approximately 45.7 m (149.9 ft.) and an area of approximately 0.13 ha (0.34 ac.) Development Services December 1, 2021 Report No. DS2021-175 Page 2 of 14 Page 69 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... to be added to the property located at 254 Lakeshore Road West, be approved subject to the conditions as outlined in Report DS2021-175. 5. The conditions for Consent Application 2021-B-39 are as follows: a) That the severed lands with an area of approximately 0.13 ha (0.34 ac.) be merged in title with the abutting property to the south, described as Lot 51, Plan 807, with a municipal address of 254 Lakeshore Road West, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary- Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That, if required, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land dimensioned to the satisfaction of the Director, Operations and Community Services, that said parcel be deeded gratuitously to the Township for road purposes (Lakeshore Road West); that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that all costs associated with the dedication be born the Owner. c) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 3.0 metre road widening along the entire frontage of the retained lands adjacent to Line 5 South, to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the 3.0 metre widening with Line 5 South as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. d) That the applicant apply for and obtain the rezoning of the severed lands to a Shoreline Residential (SR) Zone. e) That the applicant submit to the Township a Natural Heritage Evaluation for review by and to the satisfaction of the Lake Simcoe Region Development Services December 1, 2021 Report No. DS2021-175 Page 3 of 14 Page 70 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... Conservation Authority. All costs associated with the LSRCA's review on behalf of the Township shall be fully borne by the applicant. f) That all municipal taxes be paid to the Township of Oro-Medonte. g) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. h) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. i) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. j) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 6. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands proposed to be severed, retained and merged are located on the north side of Lakeshore Road West. Surrounding land uses predominantly consist of residential uses to the east, west and south, and woodlands to the north. A Location Map is included as Schedule 1 and an Aerial Photo is included as Schedule 2. The lands to be severed through Application 2021-13-38 are tree-covered, vacant and are proposed to be merged with the abutting property to the south, 252 Lakeshore Road West, which supports a single detached residential use. The retained lands are vacant and have frontage on Line 5 South. The applicants have requested this boundary adjustment in order to enlarge the lot located at 252 Lakeshore Road West for continued residential use. The lands to be severed through Application 2021-13-39 are tree-covered, vacant and are proposed to be merged with the abutting property to the south, 254 Lakeshore Road West, which is currently vacant. The retained lands are vacant and have frontage on Line 5 South. The applicants have requested this boundary adjustment in order to enlarge the lot located at 254 Lakeshore Road West for future residential use. No new lots are proposed as a result of the proposed boundary adjustments/lot additions. The applicant's Consent sketches are included as Schedule 3. Development Services December 1, 2021 Report No. DS2021-175 Page 4 of 14 Page 71 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... The details of the applications are as follows: Application 2021-B-38: Lands to be Severed Lands to be retained Total Merged lands from (Concession 6, Part (252 Lakeshore Road Concession 6, Part Lot Lot 27, Reference West) 27, Reference Plan Plan 51 R-16789 Part 51 R-16789 Part 1 1 Frontage: 0 m (0 ft.) Approximately 472.2 m 30.4 m (100.0 ft.) (1,550.9 ft.) along Line 5 South Depth: Approximately 45.7 m Irregular Approximately 91.4 m (149.9 ft.) (300.0 ft.) Area: Approximately 0.13 ha Approximately 55.0 ha Approximately 0.28 ha 0.34 ac. 136.0 ac. 0.68 ac. Use: Vacant Vacant Continued Residential Application 2021-B-39: Lands to be Lands to be Total Merged lands Severed from retained (254 Lakeshore Concession 6, (Concession 6, Road West) Part Lot 27, Part Lot 27, Reference Plan Reference Plan 51 R-16789 Part 1 51 R-16789 Part 1 Frontage: 0 m (0 ft.) Approximately 28.7 m (94.2 ft.) 472.2 m (1 ,550.9 ft.) along Line 5 South Depth: Approximately 45.7 Irregular Approximately 91.4 m 149.9 ft. m 299.8 ft. Area: Approximately 0.12 Approximately 55.0 Approximately 0.27 ha 0.32 ac. ha 136.0 ac. ha 0.66 ac. Use: Vacant Vacant Future Residential Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 1.1.5 - Rural Lands and Section 2.1 — Natural Heritage are applicable to this application. Residential uses are generally permitted on the subject lands pursuant to Sections 1.1.4 and 1.1.5, as the lands are designated for residential use (Shoreline Residential) by the Township of Oro-Medonte Official Plan. Development Services December 1, 2021 Report No. DS2021-175 Page 5 of 14 Page 72 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... With respect to PPS Section 2.1 — Natural Heritage, the lands to be severed are located immediately adjacent to lands that are identified by the Township of Oro-Medonte Official Plan as a Significant Woodland and Environmental Protection Two Overlay. Pursuant to PPS Section 2.1.8, development and site alteration is not permitted on adjacent lands to a Significant Woodland unless it has been demonstrated that there will be no negative impacts on the significant Woodland or its ecological functions. "Development" according to the PPS includes a change in land use requiring approval under the Planning Act. Since the proposed boundary adjustment applications would change the use of severed lands from their current natural state and Agricultural/Rural (A/RU) Zoning to residential uses (even if for associated rear year open space), an Environmental Impact Study / Natural Heritage Evaluation is required in order to satisfy Section 2.1 .8 of the PPS. Based on the above, the applications are consistent with the rural development policies of the PPS, but an Environmental Impact Study / Natural Heritage Evaluation is necessary to determine conformity with the natural heritage policies of the PPS. Planning Staff are of the opinion that the requirement for the study can be appropriately addressed as condition of Consent, with the understanding that a favourable outcome to the study would be necessary in order for the Consents to be completed. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed boundary adjustment is consistent with the Rural Areas policies in the Growth Plan as the boundary adjustment does not represent "development" as defined by the Growth Plan. Section 4.2.2 Natural Heritage System has also been reviewed by Planning Staff with respect to the proposed boundary adjustment application. The Natural Heritage System policies regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). Since the lands to be severed are adjacent to a Significant Woodland, Growth Plan Section 4.2.4 (Lands Adjacent to Key Natural Heritage Features) is applicable. For the same reasons discussed above with respect to the PPS, an Environmental Impact Study / Natural Heritage Evaluation is necessary to determine conformity with the natural heritage policies of Section 4.2.4 of the Growth Plan, and could potentially include the requirement for a vegetation protection zone comprised of natural self- sustaining vegetation. Planning Staff are of the opinion that the requirement for the study can be appropriately addressed as condition of Consent, with the understanding that a favourable outcome to the study would be necessary in order for the Consents to be completed. Development Services December 1, 2021 Report No. DS2021-175 Page 6 of 14 Page 73 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The LSPP addresses long term environmental issues in Lake Simcoe and its watershed by: • Promoting immediate action to address threats to the ecosystem, such as excessive phosphorus; • Targeting new and emerging causes of stress such as invasive species and climate change-land • Protecting and restoring important natural areas such as shorelines and wetlands restoring the health of the fish and other aquatic life. The following policies of the LSPP are directly applicable to these applications: 6.25-DP: An application for development or site alteration within 120 metres of a key natural heritage feature or key hydrologic feature shall be accompanied by a natural heritage evaluation meeting the requirements of policy 6.26... 6.26-DP: A natural heritage evaluation referred to in policies 6.3 and 6.25 shall be carried out in accordance with guidelines developed by the MNR and shall: a) demonstrate that the development or site alteration applied for will have no adverse effects on the key natural heritage feature, key hydrologic feature, b) Lake Simcoe and its associated vegetation protection zone, or on the related ecological functions; c) identify planning, design and construction practices that will maintain and, where feasible, improve or restore the health, diversity and size of the key natural heritage feature or key hydrologic feature and its connectivity with other key natural heritage features or key hydrologic features as well as connectivity and linkages to natural heritage systems identified in Provincial Plans or by municipalities, the LSRCA or MNR; d) demonstrate how connectivity within and between key natural heritage features and key hydrologic features will be maintained and, where possible, improved or restored before, during and after construction to allow for the effective dispersal and movement of plants and animals; e) determine if the minimum vegetation protection zone is sufficient to protect the ecological functions of the feature and the area being evaluated, in particular where this feature or area is adjacent to a coldwater stream, headwaters, freshwater estuaries, steep slope or is acting as or has been identified as a wildlife corridor to ensure that the area will continue to effectively act and function as a wildlife corridor; f) determine if the minimum vegetation protection zone is sufficient to protect areas adjacent to existing features that would be appropriate for restoration or re- naturalization to enhance the ecological functioning of that feature, such as lands that provide for rounding out or filling of gaps in significant woodlands; and g) if the minimum vegetation protection zone is not sufficient to protect the function of the feature or protect opportunities for feature enhancement, specify the dimensions of the required vegetation protection zone. Development Services December 1, 2021 Report No. DS2021-175 Page 7 of 14 Page 74 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... 6.27-DP: A proposal for new development or site alteration within 120 metres of the Lake Simcoe shoreline, a key natural heritage feature or a key hydrologic feature shall provide for the establishment and maintenance of natural self-sustaining vegetation to the extent and width of the associated vegetation protection zone required by the policies... 6.28-DP: Where, through an application for development or site alteration, a buffer or vegetation protection zone is required to be established as a result of the application of the policies in this Plan, the buffer or vegetation protection zone shall be composed of and maintained as natural self-sustaining vegetation. Based on the above, an Environmental Impact Study / Natural Heritage Evaluation is necessary to determine conformity with the LSPP. Although the subject lands our located outside of the Lake Simcoe Region Conservation Authority's (LSRCA's) regulated area, the policies of the LSPP still apply to all lands within the LSRCA watershed and the LSRCA would provide the Township with technical review of the Environmental Impact Study / Natural Heritage Evaluation, since the Township does not have staff with the necessary ecological expertise. The cost associated with the LSRCA's technical review would be the responsibility of the applicant. County of Simcoe Official Plan The subject lands are designated Rural and the adjacent Significant Woodland is designated Greenlands in accordance with the County of Simcoe Official Plan. The policies of Section 3.8 (Greenlands) of the County of Simcoe Official Plan do not prevent boundary adjustments and it is Planning Staff's opinion that these applications can proceed pursuant to Section 3.3 (General Subdivision and Development Policies) of the County's Official Plan, which states in Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation". `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot". However, an Environmental Impact Study / Natural Heritage Evaluation is necessary to determine conformity Sections 3.8 and 3.8.20 (Greenlands). The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan According to Schedules `A' and `C' to the Township of Oro-Medonte Official Plan: • The lands to be severed and merged are designated Shoreline; Development Services December 1, 2021 Report No. DS2021-175 Page 8 of 14 Page 75 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... • The lands to be retained are designated Rural, Environmental Protection Two Overlay and are identified as Significant Woodlands. The Environmental Protection Two overlay designation applies to components of the natural heritage system, including Significant Woodlands. The objectives of the Environmental Protection Two designation (Section B3.1) are: • To protect environmentally sensitive areas from incompatible activities and uses that would have a negative impact on significant natural features and functions; • To maintain and enhance the ecological integrity of the natural heritage system; and, • To protect from incompatible development significant woodland features and wildlife habitat areas and the ecological functions they provide. The Environmental Protection Two designation restricts development on and adjacent to natural heritage features and, pursuant to Section B3.4, an Environmental Impact Study is required because the lands to be severed are adjacent to (within 50 metres) of a Significant Woodland identified on Schedule `C'. The Official Plan's Shoreline policies (Section C5) is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan." (p. 235). Planning Staff are satisfied that the proposed boundary adjustment is generally in keeping with the intent of the Shoreline policies stated in the Official Plan, and otherwise conform to the boundary adjustment policies contained in Section D.2.2.2 as no new building lot is proposed. However, an Environmental Impact Study / Natural Heritage Evaluation is required pursuant to Section B3.4 of the Official Plan for conformity. The Township has received comments from the Huron-Wendat Nation who have requested to be consulted for this project as follows: • Requested to participate in all archaeological fieldwork for this project; • Requested receiving copies of the draft reports for review and comments; and • Advised that funding must be made available to insure the Huron-Wendat Nation's participation. Planning Staff notes that the lands to be severed and retained, as well as much of the Township of Oro-Medonte, are located in an area considered to have potential to contain archaeological resources. Development Services December 1, 2021 Report No. DS2021-175 Page 9 of 14 Page 76 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... Pursuant to Section D3 (Heritage and Archaeological Resources) of the Official Plan, Council may require archaeological impact assessments in order to: • Ensure the nature and location of heritage and archaeological resources are known and considered before land use decisions are made; • Prevent the demolition, destruction, inappropriate alteration or use of cultural heritage resources... The Township's practice to-date with respect to the implementation of the above-noted policies has been to require archaeological studies for major developments such as Plans of Subdivisions or Site Plan Approval Applications involving large sites, and more detailed criteria are not currently found with the Official Plan to measure when an archaeological study might be required. It has not been the practice of the Township to require studies in relation to consent or boundary adjustment applications. The Township may in the future consider the adoption of more specific policies and criteria as it updates its Official Plan. Considering the relatively small sizes of the parcels involved in these boundary adjustment applications, it is Staff's recommendation that the Township proceed in a manner consistent with past practice and not require an archaeological study for these applications. Township of Oro-Medonte Zoning By-law No. 97-95, as amended According to Township of Oro-Medonte Zoning By-law 97-95: • The lands to be severed and retained are currently zoned Agricultural/Rural (A/RU); and • The benefitting lands are currently zoned Shoreline Residential (SR). Since the severed lands that are zoned A/RU are proposed to be merged with the existing lots that are zoned SR, it is necessary to rezone the severed lands from A/RU to SR as a condition of Consent, since A/RU would no longer correspond with the use of the lands. Planning Staff has included a Zoning By-law Amendment application as a condition of consent approvals. All of the parcels involved in these applications would comply with the lot frontage and area requirements of their respective Zones in the event that these applications are approved. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) requires when considering a Consent application that regard shall be had, among other matters, to the effect of development on matters of Provincial interest as referred to in Section 2 of Planning Act. Matters of Provincial interest include (2.a) "the protection of ecological systems, including natural areas, features and functions". It is Planning staff's opinion that, subject to the applicant completing a favourable EIS/NHE, the requirements of Section 51(24) will be satisfied. Development Services December 1, 2021 Report No. DS2021-175 Page 10 of 14 Page 77 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan (LSPP) • 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 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The following Goals of the Plan are relevant to these applications: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Staff is of the opinion that the applications are consistent with the Strategic Plan. Consultations: Notice of these applications were circulated to the public and to various review agencies and Township departments. Public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering: No objection. • Township Operations: Will require a 3.Om road widening along Line 5 South. Line 5 South has been identified in the Road Network Plan as being a collector road requiring a 23.Om right of way. • Township Building Division: No comments. • Huron-Wendat Nation: Wish to be consulted for this project, in participating in all archaeological fieldwork for this project, as well as receiving copies of the draft reports for review and comments. Funding must be made available to insure our participation. Development Services December 1, 2021 Report No. DS2021-175 Page 11 of 14 Page 78 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Applicant's Boundary Adjustment Sketches Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Applications 2021-B-38 and 2021-B-39 for the purposes of a boundary adjustments be approved subject to the conditions outlined in the recommendations, and on the basis that the applications are consistent with the Provincial Policy Statement 2020, conform to the Growth Plan 2020, conform to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, comply with the criteria in Section 51(24) of the Planning Act and represent good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Deputy CAO/ Director Development Services November 26, 2021 Development Services December 1, 2021 Report No. DS2021-175 Page 12 of 14 Page 79 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map 01 f Mc 1 OK T 0 Cya e5r ry Schedule 2: Aerial Photo \d -a i a S \ f r � r . j Development Services December 1, 2021 Report No. DS2021-175 Page 13 of 14 Page 80 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicant's Boundary Adjustment Sketches 03 fK W r m � Q V 1�i ri JKI \ �a \1)X rp :� s s-' zsa its r` 258 w G Development Services December 1, 2021 Report No. DS2021-175 Page 14 of 14 Page 81 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David Sent: November 10, 2021 3:23 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-38, 2021-B-39) Bartor Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 82 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... From: McCartney, Garry Sent: November 11, 2021 10:00 AM 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 December 01, 2021 (2021-B-38, 2021-13-39) Bartor Building Division has no comments at this time. Thank you, Page 83 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... From: Dominic Ste-Marie <Dominic.Sainte-Marie@wendake.ca> Sent: November 12, 2021 8:22 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Cc: Lori-Jeanne Bolduc<Lori-Jeanne.Bolduc@wendake.ca>; Jean-Francois Richard<Jean- Francois.Richard@wendake.ca>; Isabelle Lechasseur<Isabelle.Lechasseur@wendake.ca>; Marie-Sophie Gendron <Marie-Sophie.Gendron@wendake.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-38, 2021-B-39) Bartor Kwe Debora, Thank you for your email. The Huron-Wendat Nation wishes to be consulted for this project. We are also interested in participating in all archaeological fieldwork for this project, as well as receiving copies of the draft reports for review and comments. Funding must be made available to insure our participation. Tiawenhk chia' onenh Dominic Ste-Marie Page 84 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... From: Metras, Justin Sent: November 12, 2021 10:37 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-38, 2021-B-39) Bartor Abbey Operations will require a 3.0m road widening along Line 5 South. Line 5 South has been identified in the Road Network Plan as being a collector road requiring a 23.0m right of way. Regards Justin Page 85 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... J � t 4-0 3 y �U 0 (/// ) O Cu ` V m N a4-1 Q CO N Q) � L � C 4-7 U) C 06 O Cu a� CO 4-1 00 ca oa O O c6 CM M � ° o M = I- Cn W O O 0 M O � 70 .c6 U) CO `n ca 0 O � CO 6 (p J ++ to 0 J L 4-0 ate--+ M O n Q) 70 L C6 0 0 N C . . D W. CCO C6 a O Cn 70 O O a � 0)a� C O U 0 70 U L J J NQ N0� O Owl UU) 00 Page 86 of 399 6.c) 6.10 p.m. DS2021-175, Derek Witlib, Manager, Planning Services re: ... 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Cu s 41 N U O +. •y �\ N U M j ■ (n O N / ec +_�' Q LO N = E ' O +- 1 O Q O E � U 2Da�i � LCO D O N U U N o O O O O (6 a) .V U V J O N ?j :E:- O N N _Eai "'_roU A O T C L O O N B N O '^ C cn O O Cu v, of42 � o � 1 -� i > Q T a) U) U U 0 �- 4- Ca O FD o U — N LU� N y 3 ■ N � 3i J �U � 041-- O 0 O CU SQL a tq M O N 2L L C� W 5 C: C: O O 0 O 0 � - U U (v "- C: M N Cu � O c MA On > Cu CuCu � a N � N V CU N N Z N O +' N CM .� O L -a _0 C � QC 'a MI moo � � oN0 .�s � W M Tom. � Q 0 � C 3 � Cu N L •— I _0 � •� QE oL � -0 a 0 N w U � Q L Q CU O N u) 0C) 0 15� � � � o N Q -r-0 -0 � 0a "-' (D -0 - O O S N o = a� 6w0CD- '_.= S ° L _ Co CU L CCU'- U_CU 3 ._ A z � L Q N O O Q v/ N Cu � L ENU � �' CO Cu _ N Lr- IMO N Q a- M O .— (a _ «J U 0 N �i ) -0 � Co N M � U)0 __ �Cu � � LLU) V � 3: U) � U) () -a Co L o0v��ioa��i � � � �� Z0 m O -0 of ; w Ew L O — Q2 N L U) N - Q ^ Q N U E U) N C" U N ■O O CD_-0 U 0) p O U C) (6 u 0 Of C U 0 0 N O N "- - Cu OU U) O N U U Q Q O O U a� a)� O �NU ( � _ ) �° C: o Q =)L� � 8aa (D (D Ea �Ocu � U � Page 98 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... /o Township of l� Report kevlolffel Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-176 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # December 1, 2021 Consent Application 2021-B-45 and Roll #: Minor Variance Application R.M.S. File #: 4346-010-006-12500 2021-A-77 by D10 60124 R. Bolton & S. Knox D13 60123 1 Ba crest Drive Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-176 be received and adopted. 2. That the Consent Application 2021-B-45 by Robert Bolton & Shannon Knox, to permit the creation of a new lot consisting of a severed parcel having an area of approximately 0.09 hectares (0.23 acres) and a frontage of approximately 30.48 m (100.0 ft.) and a retained parcel having a lot area of approximately 0.09 hectares (0.23 acres) and a frontage of approximately 30.48 m (100.0 ft.), be approved, subject to the conditions identified in Report DS2021-176. 3. The conditions for Consent Application 2021-B-45 areas follows: a) That the applicants obtain approval of Minor Variance Application 2021-A-77; b) That the applicant signs the Township's Memorandum of Understanding (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; c) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, 5 metre by 5 metre daylight triangle on the south-west corner the subject lands at the intersection of Baycrest Drive and Penetanguishene Road, dimensioned to the satisfaction of the Township's Director, Operations and Community Services. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and Development Services December 1, 2021 Report No. DS2021-176 Page 1 of 14 Page 99 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylighting triangle with Baycrest Drive as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. d) That the applicant submit, to the satisfaction of the Chief Building Official, a plan complete with dimensions, areas with approximate building and sewage system envelopes for possible future development. Surrounding wells and required clearances shall be incorporated in the plan. e) 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; f) 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; g) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; h) That all municipal taxes be paid to the Township of Oro-Medonte; i) 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, j) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above- noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2021-A-77 by Robert Bolton & Shannon Knox, specifically for permission to permit a minimum lot area of 0.2 hectares (0.49 acres) for a proposed severed and a proposed retained lot; and to permit a minimum rear yard of 6.64 metres (21 .8 feet) measured from the northerly lot line for the purposes of an existing dwelling on a proposed retained lot, on the lands municipally known as 1 Baycrest Drive, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-176. 5. The conditions for Minor Variance 2021-A-77 areas follows: a. That notwithstanding Table B1 — R1 Zone, Minimum Lot Area and Minimum Rear Yard, of Zoning By-law 97-95, the proposed development shall otherwise comply with all other applicable provisions of the Zoning By-law. Development Services December 1, 2021 Report No. DS2021-176 Page 2 of 14 Page 100 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... 6. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property is located on the north-east corner of the intersection of Baycrest Drive and Penetanguishene Road. The lands supports a single detached dwelling. Surrounding land uses consist of single detached dwellings to the east, west and south, and agricultural uses to the north. A Location Map is included as Schedule 1 to this report and an Aerial Photo is included as Schedule 2. The applicants are proposing to create a new residential lot, the details of which are listed below: Consent Application 2021-B-45 Lands to be Severed: Lands to be Retained: Frontage: Approximately 30.48 m (100.0 ft.) Approximately 30.48 m (100.0 ft.) Depth: Approximately 30.48 m 100.0 ft. Approximately 30.48 m 100.0 ft. Area: Approx. 0.09 hectares (0.23 acres) Approx. 0.09 hectares (0.23 acres) Use: Vacant Residential In conjunction with Consent Application 2021-13-45, the applicants have submitted Minor Variance Application 2020-A-77, the details of which are listed below: Minor Variance Application 2020-A-77: Retained Lot: Table 131 Standards for Permitted Uses — Minimum Required Rear Yard, R1 Zone Required: Proposed: 7.5 metres (24.6 feet) Existing dwelling will be 6.64 metres (21.8 feet) from the new rear lot line Severed and Retained Lot: Table 131 Standards for Permitted Uses — Minimum Lot Area Required. Proposed: 0.2 hectares (0.49 acres) 0.09 hectares (0.23 acres) The applicant's Consent and Minor Variance Sketch is included as Schedule 3 to this report. Development Services December 1, 2021 Report No. DS2021-176 Page 3 of 14 Page 101 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, is applicable to this application. The application represents limited, residential development that is consistent with the PPS with respect to Rural and areas. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS, as is pertains to the creation of a residential lot within an area where the local official plan supports limited residential development. A Place to Grow, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed residential lot is consistent with the Rural Areas policies as the lands subject to this application are already within an established residential area. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and the Township is not required to circulate Consent and Minor Variance applications that are not within the regulated area to the LSRCA. However, the property is located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. The LSPP addresses long term environmental issues in Lake Simcoe and its watershed by: • Promoting immediate action to address threats to the ecosystem, such as excessive phosphorus; • Targeting new and emerging causes of stress such as invasive species and climate change-land • Protecting and restoring important natural areas such as shorelines and wetlands restoring the health of the fish and other aquatic life. Planning Staff have reviewed these applications in the context of the LSPP and finds them to be in conformity with the LSPP's development policies. Development Services December 1, 2021 Report No. DS2021-176 Page 4 of 14 Page 102 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... County Official Plan The subject lands are designated Rural in the County of Simcoe's Official Plan. Section 3.7.4 lists limited residential development as a permitted use within the Rural designation. Section 3.7.8 states that: "Limited residential development may be created by consent provided the following are satisfied: a) Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. Consent lots should be developed to an approximate maximum size of one hectare, except where larger sizes may be suitable because of environmental constraints or design considerations; and b) The number of lots on the grid road system shall be restricted in order to maintain the rural character and road function and to avoid strip development." (p. 39 of Simcoe County's Official Plan). Planning Staff have also reviewed this application against Section 3.3.7, which is relevant because the subject lands abut the settlement area boundary of the City of Barrie. Section 3.3.7 discourages development, including lot creation, adjacent or close to settlement area boundaries in order to prevent ad hoc development that might someday interfere with the orderly and efficient expansion of a settlement area. This is particularly an important consideration when the lands adjacent to settlement area boundary are largely undeveloped or rural in nature. However, in this case the subject lands are already part of an existing, developed plan of subdivision. Therefore, in Planning Staff's opinion the addition of one lot of an infilling nature within the existing plan of subdivision will have no negative effect in context to Section 3.3.7, since the development of that particular area has already been established. In Planning Staff's opinion, the proposed consent application conforms to these policies as the proposed lot is limited in size and located within an existing residentially developed area. Additionally Section 3.3.13 states that all development within the area of the Lake Simcoe Protection Plan, which would include the subject lands, is required to satisfy the provisions of Section 3.13 of this Plan. Section 3.13 reiterates the policies listed in the Lake Simcoe Protection Plan which were discussed in a previous section of this report. As of the preparation of this report, Staff have not received comments from the County. Committee members should have regard to any County comments that may be received. Development Services December 1, 2021 Report No. DS2021-176 Page 5 of 14 Page 103 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... Township of Oro-Medonte Official Plan The subject lands are located within a residential subdivision and are designated Rural Residential according to Schedule A of the Official Plan. Section A3.2.4 of the Official Plan states that the Rural Residential designation applies to estate/country residential areas in the Township. Section C4 (Rural Residential) contains the following policies for lands within the Rural Residential designation: Section C4 — Rural Residential C4.1 Objective: To recognize existing estate, country estate and chalet residential developments in the Township. C4.2 Permitted Uses: Permitted uses on lands designated Rural Residential on the schedules to this Plan are limited to single detached dwellings, home occupations, bed and breakfast establishments subject to Section C1.3.10 and accessory uses. C4.3 Form of Development: All development within the Rural Residential designation shall occur by way of Plan of Subdivision/Condominium. With respect to Section C4.3, the intent of this policy is that the lot fabric and form of development is to be established at the outset through a plan of subdivision and thus preserve that lot fabric so as to maintain the estate-residential "life-style" characteristics associated with each of the Township's Rural Residential plans of subdivision. However, most of the Township's Rural Residential plans of subdivision take the form of stand-alone developments, well-separated from other developments and surrounded by large rural/agricultural areas. But in the case of this application, the location of the subject lands is unique in that the Rural Residential subdivision is immediately adjacent to the City of Barrie with lands that are already fully and more densely developed than the Baycrest subdivision. Under these circumstances, it is Planning Staff's opinion that the creation of a lot on the westernmost side of the Baycrest subdivision and abutting the fully developed City of Barrie lands will have no negative impact on the character, appearance or lifestyle enjoyed on the rest of the lands in the Baycrest subdivision. Therefore, the unique characteristics of the location of the subject lands in relation to the City of Barrie allow for the consideration of the proposed lot while still maintaining the intent and objectives of Section C4.3 of the Official Plan. In the absence of specific Consent policies in the Rural Residential designation, it is necessary to turn to the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed application for Consent. The following comments below address the general criteria for severances outlined in Section D2.2.1, "New Lot by Consent — General Criteria": Development Services December 1, 2021 Report No. DS2021-176 Page 6 of 14 Page 104 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed and retained parcels would front onto a Township road, specifically Baycrest Drive, which is maintained year-round by the Township. The severed parcel also has frontage on Penetanguishene Road, which is maintained year-round by the City of Barrie. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: None of the lands have frontage on a Provincial Highway or County Road. c) Will not cause a traffic hazard; Capable of conforming: No traffic concerns have been identified by the Operations Department, provided that as a condition of Consent the applicants convey to the Township a 5m x 5m daylight triangle on the south west corner of the proposed lot. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Capable of conforming: Both the severed and retained parcels would comply with the Zoning By-law's lot frontage requirements, but would require Minor Variance Approval to reduce the permitted lot area from 0.2 hectares (0.49 acres) to 0.09 hectares (0.23 acres). The justification for these reduced lot sizes is discussed in the Minor Variance section of this report. The proposed lot sizes are similar to some of the existing lots located immediately to the west in the City of Barrie and, in Planning Staff's opinion, would compatible with the surrounding neighbourhood. e) Can be serviced with an appropriate water supply and means of sewage disposal; Capable of conforming: The severed and retained land generally possess sufficient land area for any future dwellings to be serviced by private individual on-site services (well and septic system). However, options for the positioning of those services on the lands may be restricted in relation to existing surrounding wells and septic systems. Therefore, as per the comments received from the Township's Building Department, Planning Staff are recommending that, as a condition of Consent, the applicant is to submit a plan to the Building Division with approximate building and sewage system envelopes for possible future development, as well illustrating surrounding wells and their required clearances. Development Services December 1, 2021 Report No. DS2021-176 Page 7 of 14 Page 105 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. The proposed dwelling on the severed lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission in accordance with the Township's policies. 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 designated Rural Residential and are generally not capable of accommodating additional development beyond the level of their current use, which is for existing 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 not natural heritage or ecological feature on or adjacent to the subject lands. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- The applicant will be required at the time of building permit submission to meet all requirements for septic system installation and private water supply. No groundwater concerns have been identified by Severn Sound Environmental Association. 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 have reviewed this application against Section 51(24) of the Planning Act and finds that it meets the requirements of the Act. Based on the above, Planning Staff are of the opinion that the Consent application, if approved with the recommended conditions, would conform to the Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are Development Services December 1, 2021 Report No. DS2021-176 Page 8 of 14 Page 106 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re- in effect on the date of the decision. As stated above, Planning Staff is of the opinion that the Consent application satisfies Section 51(24) of the Planning Act. In addition, the related Minor Variance application must be assessed against Section 45 (1) of the Planning Act, which establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent of the Official Plan? The subject property is designated Rural Residential by the Township's Official Plan. Permitted uses in this designation include single detached dwellings. As detailed above in the Official Plan section of this report, staff are of the opinion that the proposed development conforms to the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Residential One (R1) by the Township's Zoning By-law 97-95, as amended. Single detached dwellings are a permitted use in the R1 Zone. The applicant is seeking relief from the Zoning By-law to reduce the minimum lot area on both the severed and retained parcels from 0.2 hectares (0.49 acres) to 0.09 hectares (0.23 acres). The purpose and intent of the Zoning' By-law's minimum lot size requirement is to provide adequate land area for private servicing (well and septic system) and to achieve a relatively large lot, low density character within the neighborhood. With respect to servicing, this application has been reviewed by Building Staff who have requested that, as a condition of consent, the applicants submit a plan to the Building Division with approximate building and sewage system envelopes for possible future development, as well illustrating surrounding wells and their required clearances. In discussion with Planning Staff, Building Staff have advised that they are not concerned with the ability of the reduced lot sizes to accommodate private servicing. However, because options for the positioning of those services on the lands may be restricted in relation to existing surrounding wells and septic systems, it is in the applicant's and the Township's interest to identify the septic system and building envelopes prior to finalizing the Consent. Since the subject lands are located between the relatively large lots found along Baycrest Drive and generally smaller lots to west within the City of Barrie, Planning Staff is of the opinion that the proposed reduced lot sizes would represent an appropriate and compatible transition between the lot sizes in the area, while still maintaining a low-density residential character. The applicants have also requested a reduction to their rear yard setback from 7.5 metres (24.6 feet) to 6.64 metres (21 .8 feet) in recognition of the position of the existing Development Services December 1, 2021 Report No. DS2021-176 Page 9 of 14 Page 107 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... dwelling on the retained lands in relation to the northerly lot line. While the proposed severance would result in a significant reduction to the large outdoor amenity area currently possessed by the lands, Planning Staff is of the opinion that the proposed 6.64 metres (21 .8 feet) rear year would still provide a sufficiently deep and functional outdoor amenity space, considering the width of this space would still exceed 30 metres (100 feet). Planning Staff is therefore of the opinion that the proposed variances meet the general intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? The requested variances, if approved, would not prevent functional matters such as servicing, parking and outdoor amenity space from being accommodated on the lands to be severed and retained. In Planning Staff's opinion, the future development of the lot would not stand-out or negatively affect the appearance of the lands. Based on the above, Planning Staff are satisfied that the proposed development would be desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. It is Planning Staff's opinion that the form of the future development (single detached residential) will be compatible with other structures in the area and its design and massing will not contrast negatively with the rest of the neighbourhood. Staff does not anticipate any negative impacts on the use and enjoyment of surrounding properties. Therefore, Planning Staff is of the opinion the requested variance is minor in nature. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2019 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services December 1, 2021 Report No. DS2021-176 Page 10 of 14 Page 108 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The following Goals of the Plan are relevant to these applications: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Staff is of the opinion that the applications are consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering: No objections. An engineered lot grading plan will be required at time of building permit. • Township Operations: Will require a 5m x 5m daylight triangle on the south west corner of the proposed lot. • Township Building Division: Applicant to identify existing and proposed locations of the following; a) Sewage systems complete design for existing and proposed (existing appears to cross proposed property line) b) Well locations and surrounding well locations complete with required clearances and c) Building envelope for severed (proposed) lot. • Severn Sound Environmental Association: The property is located within the Wellhead Protection Area D of the Barrie Well 9 and 13 municipal drinking water system with a vulnerability score of 2. It is also located within the WHPA-Q1 and Q2. However, no drinking water risks or requirements identified. • Bell Canada: No comments or concerns. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Conclusion: Planning Staff recommends that Consent Application 2021-B-45 and Minor Variance Application 2021-A-77, be approved, on the basis that the applications are consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, the Development Services December 1, 2021 Report No. DS2021-176 Page 11 of 14 Page 109 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... Township of Oro-Medonte Official Plan, meets the requirements of the Planning Act and represent good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approval: Date Andria Leigh, Director, Development Services November 28, 2021 Development Services December 1, 2021 Report No. DS2021-176 Page 12 of 14 Page 110 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map so 78 49: 50 52 54 56 58 ndia n Arrow„Ra"- 57 5961 Y 64 26 f o- 28 f '41 9 fJ 62 q f > 6ayrrest t)� '- �. 3 41 _Afganquin Tr o .:6Q�^. f 39 it If f 37 56 53 j 36 ��j IP 93 II A 26 22 i y Schedule 2: Aerial Photo D P a Development Services December 1, 2021 Report No. DS2021-176 Page 13 of 14 Page 111 of 399 6.d) 6.20 p.m. DS2021-17§, Derek WIib, Manager, Planning Services : .. Schedule 3: Applicant Consent Sketch \ E E y\ d k »} z / Cr ƒj / �\ ] \ f Id 3,Ui t � � _O , )) a_{ I E ® 2 _3w - � - &\ « U > ( ® © » y ! cc / ^ ) � ® m LLI ID � - \� 75 \ R G-- --- _w+ (SV3M) - a u H - a9a� aa § m e e Saa S ; aa«Am N3d) Ryg& J&7& GD»V J&J& r_»Aamw Development Services December 1, 2021 Report No DS20 1-1 7G Page 14 0 14 Page112 0 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David Sent: November 10, 2021 3:25 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-A-77) Bolton & Knox Teresa /Abbey 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 for the Severed Lot. Regards Page 113 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David Sent: November 10, 2021 3:20 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-45) Bolton & Knox Teresa /Abbey 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 for the Severed Lot. Regards Page 114 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... From: McCartney, Garry Sent: November 11, 2021 9:58 AM 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 December 01, 2021 (2021-A-77) Bolton & Knox Building Division comments are as follows; 1. Applicant to identify existing and proposed locations of the following; a. Sewage systems complete design for existing and proposed (existing appears to cross proposed property line) b. Well locations and surrounding well locations complete with required clearances c. Building envelope for severed (proposed) lot Thank you, Page 115 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... From: McCartney, Garry Sent: November 11, 2021 10:36 AM 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 December 01, 2021 (2021-B-45) Bolton & Knox Building Division comments are as follows; 1. See comments from 2021-A-77. Page 116 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... From: Metras, Justin Sent: November 12, 2021 10:40 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-A-77) Bolton & Knox Abbey Operations has no objections to this application. Our comments were previously provided on this lot. Justin Page 117 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... From: Metras, Justin Sent: November 12, 2021 10:22 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-45) Bolton & Knox Abbey Operations will require a 5m x 5m daylight triangle on the south west corner of the proposed lot. Justin Page 118 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: November 15, 2021 3:21 PM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-45) Bolton & Knox Bell File: 705-21-899 Good afternoon, Bell Canada has no comments or concerns regarding this application. Thank you, Mary Page 119 of 399 (�.dj { R. � 1�,7 e�R� � � , Manage Wing Services re: ... SOURCE PROTECTIOP 77,�� t a Tnif ^ 7WC/ 1 ACT FOR CLEAN WATER Fr°"natalta t> tdxs•-ia ,,E..rrri�t`�r�ar— South Georgian Bay Lake G—op Source Protection Region �` November 15, 2021 Abbey Dedora, Development Services Assistant The Corporation of the Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Ms. Dedora, RE: Consent Application 2021-113-45 and Minor Variance Application 2021-A-77 1 Baycrest Drive, Township of Oro-Medonte, County of Simcoe Risk management staff of the Severn Sound Environmental Association (SSEA) has reviewed the following files pertaining to the Consent Application 2021-B-45 and Minor Variance Application 2021-A-77 at 1 Baycrest Drive in the Township of Oro-Medonte ("the property'): • Consent Application Notice of Public Hearing, dated November 10, 2021 , by the Township of Oro-Medonte (file name: Notice of Public Hearing 2021-B-45 (Bolton Knox).pdf) • Minor Variance Application Notice of Public Hearing, dated November 10, 2021, by the Township of Oro-Medonte (file name: Notice of Hearing 2021-A-77 (Bolton Knox).pdf) The following comments relevant to drinking water source protection are offered and are applicable to the application as it is presented in the above mentioned files. The below comments may become null and void if changes to the application are made. It is the SSEAs understanding that the Consent Application is for the creation of one (1) residential lot and the Minor Variance Application is to seek relief from various sections of Zoning By-law 97-95 listed in the above mentioned notice. The property is located within the Wellhead Protection Area D (WHPA-D) of the Barrie Well 9 and 13 municipal drinking water system with a vulnerability score of 2. It is also located within the WHPA-Q1 and Q2. Based on the location of the property within WHPAs, and as it is being proposed that one (1) residential lot be created, policies in the Approved South Georgian Bay Lake Simcoe Source Protection Plan (approved: January 26, 2015; amended: June 16, 2021; effective: July 1 , 2015) do not apply to these two applications. Furthermore, neither Section 57 (Prohibition) nor Section 58 (Risk Management Plan) of the Clean Water Act, 2006 apply to this application, 489 Finlayson St ♦ PO Box 460 ♦ Port McNicoll ON LOK 1RO ♦ Tel: 705-534-7283 ♦ Fax: 705-534-7459 www.severnsound.ca Page 120 of 399 J .%it .��') (�jMN R-FN(9 {1E7W e�R` � fib, Manage ping Services re: ... SOURCE PRQTECTIQP �- Tnumslr=P4f 2 (��.��� ACT FOR CLEAN WATEA Fr°"x•„ialA' 11-11iHrrir E ,rrn r��r-e South Georgian Bay Lake 30woe Source ProWdon Region Ki•' .. `� and as such, no additional notices, letters, or requirements from the Township of Oro-Medonte Risk Management Official are required as the application is currently presented. If you have any questions, please contact the undersigned. Yours truly, Melissa Carruthers, Risk Management Official / Inspector for the Township of Oro-Medonte Severn Sound Environmental Association mcarruthers(a-)severnsound.ca CC: Township of Oro-Medonte Planning Department (plan ning@oro-medonte.ca) Julie Cayley, Executive Director, Severn Sound Environmental Association 489 Finlayson St ♦ PO Box 460 ♦ Port McNicoll ON LOK 1RO ♦ Tel: 705-534-7283 ♦ Fax: 705-534-7459 www.severnsound.ca Page 121 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... December 1, 2021 Development Services Committee Sent: December 1, 2021 2:26 PM 6d) Additional correspondence received To: Planning<Planning@oro-medonte.ca> Subject:Application 2021-B-45 and 2021-A-77, 1 Baycrest Drive To: The Township of Oro-Medonte Attn: Secretary-Treasurer, Development Services plan ning(aoro-medonte.ca We have serious concerns with the application for Bolton/Knox subdividing and proceeding with a minor variance of their property that is right beside ours. We live next-door to the subject property on Penetanguishene Road (not on Baycrest Drive) and are aware of submissions of the previous neighbour (Perri) on the other side of our property who requested to subdivide/build on his property, but it was not allowed because of the green-belt zoning. The green belt zoning was established to uphold the rural nature of the Oro-Medonte boundaries, of which this property also is within. Some of our concerns are: 1 . This could/would become precedent setting for other neighbouring properties to be allowed to subdivide and build, that are located just 100 feet north on Penetanguishene Road (13 acres, then 250+ McLean farm) and further up the road. This will change the rural nature of this Oro-Medonte neighbourhood. 2. There is no property in the Baycrest subdivision that is only '/4 acre in size. All properties are at least '/2 acre or larger, thus this severance will promote urban sprawl and will result in an increase in population density, which does not align to the rural nature of the area. 3. Their existing home overlooks our back yard and the resulting "new" lot/home will overlook our front yard. The further lack of privacy could negatively impact the value of our property 4. The water table and available clean drinking water could be negatively impacted. Our water pressure has been declining in recent years, so a further strain on the limited water resource could cause issues for our household as well as other neighbouring households. 5. The subject property has a higher elevation than ours, thus their drain water/run off from the roof would drain onto our property. Our driveway (which is immediately adjacent to the new lot) becomes water saturated in the spring, and more water from a new building would negatively impact us, as well as cause undue erosion. This does not support environmental sustainability, which is a core goal of the township. Page 122 of 399 6.d) 6.20 p.m. DS2021-176, Derek Witlib, Manager, Planning Services re: ... 6. We purchased our rural property in Oro-Medonte specifically because of the open space. We did not purchase across the street in Barrie, because we did not want to live in a subdivision. We are very concerned that building could hurt the tree roots of the trees that border our property and a new house would throw shadows on our property. 7. We want the land owner to ensure that the appropriate perc testing is done, as there is a high amount of clay in the local soil. We also need them to ensure that any land development will not hurt our well or septic system. 8. Most importantly, as stated at the beginning of this summary, we are worried that if the approval goes through for this property development, that it will allow for larger subdivisions to the immediate north of our property. Further development will cause huge impacts on our property and all neighbouring properties. Thank you for the opportunity to express our concerns and we look forward to yoru response. 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R.M.S. File #: 4346-010-008-11003 ORO CON 5 PT LOT 21 RP D10-60126, D10-60127, 51 R-23263 PARTS 2 TO 17 D10-60128 AND PARTS 23 TO 29 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-177 be received and adopted. 2. That Consent Applications 2021-B-47/48/49 by Modern Fabrication Inc. specifically to permit the creation of three (3) new industrial lots, be deferred, to allow the applicant an opportunity to address comments from the NVCA. 3. And that the applicant's be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands subject to Consent Applications 2021-13-47 to 2021-13-49 are located in the Guthrie Industrial Park located on the east side of Line 4 South, and south of Highway 11 (refer to Schedules 1 and 2). The applicant has applied for the following Consent Applications to facilitate the creation of three (3) new industrial lots as follows: Consent Application 2021-B-47 (Lot 1) Lands to be Severed: Lands to be Retained: Frontage: Approx. 57.9 metres (190.0 ft.) Approx. 153.58 metres (503.89 ft.) Depth: Approx. 103.9 metres 341 .0 ft. Approx. 518.16 metres 1700.0 ft. Area: Approx. 0.6 ha (1.48 ac.) Approx. 9.7 ha (23.97 ac.) Use: Vacant Economic Development Vacant Economic Development Development Services December 1, 2021 Report No. DS2021-177 Page 1 of 13 Page 145 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... Consent Application 2021-B-48 (Lot 2) Lands to be Severed: Lands to be Retained: Frontage: Approx. 52.7 metres (173.0 ft.) Approx. 100.8 metres (330.89 ft.) Depth: Approx. 103.9 metres 341 .0 ft. Approx. 518.16 metres 1700.0 ft. Area: Approx. 0.54 ha 1.35 ac. Approx. 9.1 ha 22.6 ac. Use: Vacant Economic Development Vacant Economic Development Consent Application 2021-B-49 (Lot 3) Lands to be Severed: Lands to be Retained: Frontage: Approx. 100.5 metres 330.0 ft. Approx. 334.7 metres 1098.29 ft. Depth: Approx. 103.9 metres (341 .0 ft.) Approx. 203.3 metres (666.99 ft.) Area: Approx. 1.04 ha (2.58 ac.) Approx. 8.1 ha (20.0 ac.) Use: Vacant Economic Development Vacant Economic Development The sketches reflecting the above noted consent applications are shown on Schedule 3. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement (2020) (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Planning Staff have reviewed the subject Consent Applications with respect to the intent of the PPS. Specifically, the policies pertaining to Employment, Employment Areas were reviewed. Section 1.3.2.1 of the PPS states that, "planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs." The subject lands are located in an established industrial employment area which is intended to be the focus of industrial employment opportunities and to maximize the use of existing infrastructure. In Planning Staff's opinion, the proposed land use (industrial) and the proposed lot sizes and dimensions are consistent with the range of lot sizes already existing within this industrial employment area, are capable of being privately serviced for sewage and water (existing developed lots in this employment area are serviced in this manner) and the development can be accommodated by the existing local road network. Section 3.1 — Natural Hazards policies contained within the PPS prohibit development (including lot creation) and site alteration; specifically policy 3.1 .2 (c) states that development shall not be permitted in areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard and policy 3.1 .2 Development Services December 1, 2021 Report No. DS2021-177 Page 2 of 13 Page 146 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... (d) a floodway regardless of whether the area of inundation contains high points of land not subject to flooding. NVCA's Planning and Regulations policy and Ontario's Provincial Policy Statement do not support Planning Act applications (such as lot creation and new construction) within areas of Natural Hazards, such as flooding. NVCA has stated that the applicant may prepare a Natural Hazard Assessment to re-assess the potential hazards on the subject lands and in the area. At the time of circulation, NVCA was not aware of the recent Council decision regarding the upgraded stormwater management pond in the industrial park. NVCA Staff have been provided the Tatham reports for review to determine whether a Natural Hazards Assessment is required for additional information. NVCA has requested for deferral of the application until such time that policy 3.1.2 of the PPS can be satisfied. Therefore, at this time the proposed applications do not appear to be consistent with the PPS. A Place to Grow — Growth Plan for the Greater Golden Horseshoe The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The subject applications have been reviewed by Planning Staff with respect to the Growth Plan policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification". The Growth Plan contains specific policies pertaining to preserving, protecting employment areas. Section 2.2.5 states that economic development and competitiveness will be promoted by: a) making more efficient use of existing employment areas and vacant and underutilized employment lands are increasing employment densities; b) ensuring the availability of sufficient land, in appropriate locations, for a variety of employment to accommodate forecasted employment growth to the horizon of this Plan; c) planning to better connect areas with high employment densities to transit; and, d) integrating and aligning land use planning and economic development goals and strategies to retain and attract investment and employment. Since the proposed applications pertain to industrial lots within an employment area, the proposed development is considered to maintain the general intent of the Province's Growth Plan. County of Simcoe Official Plan The subject lands are designated Rural in the County of Simcoe's Official Plan. The Rural designation permits rural industrial uses subject to the criteria outlined in 3.7.5 of the County's Official Plan. The Rural designation is silent in respect to new lot creation Development Services December 1, 2021 Report No. DS2021-177 Page 3 of 13 Page 147 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... for industrial uses and therefore, Staff defer to the General Development Policies. Specifically, Section 3.3.2 states that, "subdivision of land by plan of subdivision or consent, or plans of condominium, are permitted only for the land uses permitted in the designation or that maintain the intent of the Plan's objectives and policies." Further, Section 3.3.7 discourages lot creation in close proximity to settlement area boundaries; however, the policy then states that where a rural employment area exists, the Rural policies shall apply. In this regard, the Rural policies are silent in respect to Rural Employment Area industrial lot creations. Therefore, on the basis that these lands are designated Industrial in the Township's Official Plan and zoned Economic Development in the Township's Zoning By-law, and both permit Industrial Uses, it is the opinion of Planning Staff that the applications generally conform to the County of Simcoe's Official Plan. As of the preparation of this report, Staff has not received comments from the County. The members of the Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject property is designated Industrial in the Township's Official Plan (refer to Schedule 4). Section C8 of the Official Plan contains the policies for the Industrial Designation; more particularly Section C8.4 outlines the policies pertaining to the form of development within the Industrial Designation. Specifically, the Official Plan policies states: "It is intended that development within the Industrial designation will occur by way of Plan of Subdivision/Condominium to ensure that servicing and access for the whole parcel can be dealt with before development occurs.... new lots for industrial use can be created by consent or by other means in a Registered Plan/Condominium that existed on the date that this plan was adopted by Council if issues relating to servicing and access have already been dealt with when the parcel was originally development and/or approved for development." The subject property is located in an employment area that was intended to develop in accordance with Reference Plan 51 R-23263. The subject area has been identified as an industrial park and recently went through approvals for an improved stormwater management pond and fire suppression services. The applicant is proposing to develop the lots shown on Schedule 3. The lots are proposed to be serviced by private septic systems and private wells and will have access from Line 4 South. Therefore, Staff is of the opinion that the Consent Applications meet the policies outlined above and shall be considered under Section D2.2 New Lots by Consent, General Development Policies of the Official Plan. The following comments below address the criteria outlined in Section D2.2.1: a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis: Development Services December 1, 2021 Report No. DS2021-177 Page 4 of 13 Page 148 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... Planning Staff comment: Conforms. The severed parcels would front onto Line 4 South and the retained parcel would front onto Holick Road, which are maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Planning Staff comment: Conforms. The subject lands do not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Planning Staff comment: Conforms. No traffic concerns have been identified by Operations Staff. The applicant will be required to obtain an entrance permit for the severed and retained lands. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Planning Staff comment: Conforms. The proposed lots would comply with the Zoning By-law minimum requirements for lot size and frontage. The proposed industrial uses are permitted within the Economic Development (ED) Zone and would be compatible with the adjacent industrial uses along Winstar Road and Line 4 South. e) Can be serviced with an appropriate water supply and means of sewage disposal; Planning Staff comment: Conforms. Any future buildings on the subject lands would be serviced by private individual on-site services (well and septic system), the lands meet lot size requirements and are considered adequately sized for private servicing, and Building Staff have not advised of any concerns in this regard. Stormwater management and fire suppression cost sharing agreements will be required to be executed as per Council's decision regarding the Guthrie Industrial Park as a condition of consent. f) Will not have a negative impact on the drainage patterns in the area; Planning Staff comment: Conforms. The severed and retained lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. Site Plan Approval will be required to facilitate any development on these lands which would ensure proper grading, storm drainage and maintenance in regard to surface water. This will be reviewed by the Township's Manager of Development Engineering at the time of submission. At their meeting on September 24, 2021, Council received and adopted Report No. DS2021-149 which supported the front ending of the associated costs for the comprehensive Storm Water Management Review and design and upgrade of the communal water for firefighting purposes in the Guthrie Industrial Park. The report also identified that all future development within the Guthrie Industrial Park will be required to contribute their proportionate share to both stormwater and communal water for firefighting costs. The Development Services December 1, 2021 Report No. DS2021-177 Page 5 of 13 Page 149 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... Site Plan Agreement for any future development on this property will include clauses that will require the owner to pay their proportionate share for the required works and if additional lands are required for drainage/stormwater purposes to provide the required land dedication, pursuant to the design to be completed on behalf of the Township by Tatham Engineering. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Planning Staff comment: Conforms. The Consent applications are not proposing any changes to the existing and permitted industrial uses on the severed and retained lands. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area; Planning Staff comment: As previously noted, the subject properties are zoned Economic Development (ED) and contain no natural heritage features; however, NVCA through their comments has identified a natural hazard concern. Planning Staff cannot determine conformity on this section at this time until supportive comments are received from NVCA. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Planning Staff comment: Conforms. The applicant will be required to obtain Site Plan Approval to meet all requirements for septic system installation and private water supply. No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Planning Staff comments: Conforms. The Consent applications have been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the applications conform, the lots may be created through Consent, and a Plan of Subdivision is not required. On the basis of the analysis of the applications in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the applications do not conform to the policies of the Township's Official Plan. Supportive comments from the NVCA are required to as outlined above in section h) for there to be Official Plan conformity. Development Services December 1, 2021 Report No. DS2021-177 Page 6 of 13 Page 150 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are zoned `Economic Development (ED)' in the Township's Zoning By-law 97-95, as amended (refer to Schedule 5). The severed and retained parcels would comply with the Zoning By-law. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 • County of Simcoe Official Plan • Oro-Medonte Official Plan • Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Prepare for Our Future • Develop an Environmental Sustainability and Climate Change Strategy • Establish a Sustainable Approach to Servicing & Infrastructure Foster Safe and Inclusive Community Living & Business Growth • Review and Update Official Plan • Support Growth Through the Establishment of Municipal Service Corporations • Review and Update Economic Development Strategy Consultations: Notice of these applications were circulated to the public and to various review agencies and Township departments. Public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering o Development Engineering has No Objection to the above noted Applications. o An Engineered Site Plan shall be required at the time of Site Plan Application for the Severed Lots. Development Services December 1, 2021 Report No. DS2021-177 Page 7 of 13 Page 151 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... o Stormwater Management and Fire Suppression charges may apply as per Council's Decision regarding the Oro Industrial Park Report. (Environmental Services and Planning should address these matters going forward.) • Operation & Community Services — no comments • Building Department — no comments • Environmental Services o The properties identified include Township easements for stormwater control which shall remain in place. o In addition, the area is subject to specific stormwater management considerations as endorsed by Council (i.e. Tatham Option 6) and associated cost sharing agreements • Bell Canada — no comments or concerns • Huron-Wendat o interested in participating in all archaeological fieldwork for this project, as well as receiving copies of the draft reports for review and comments o Funding must be made available to ensure participation • Nottawasaga Valley Conservation Authority (NVCA) o 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 consent complies with natural hazard-related polices and is outside the floodplain and flood free. o Section 3.1.2 of the PPS not met Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Applicant's Consent Sketch Schedule 4: Township Official Plan Schedule 5: Existing Zoning Conclusion: Based on Planning Staff's analysis of these applications, it is recommended that Consent Applications 2021-B-47, 2021-B-48 and 2021-B-49 be deferred, to allow the applicant an opportunity to address comments received from the NVCA. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Andria Leigh, Deputy Chief Administrative Officer/ Director Development Services November 26, 2021 Development Services December 1, 2021 Report No. DS2021-177 Page 8 of 13 Page 152 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re- Consent Applicat... Schedule 1: Location TvJ`T Z 6 ' 5 �MaoeRd. 4 a�i 3 2240 2252 2282 59 2186 J 2 = 1 e�eabae.va ner�n. � µl 1 21 �Oiidgs. Read 32 34 35 57 86 Holick Rd. 1 fn a 26 c J 98 4 6 8 10 12 14 16 18 20 22 24 165 Winstar Rd. 207 5 7 290 239 239 Schedule 1 Location 'fowushiy of Subject Lands Proud Heritage,Excifuke,Future 0 200 M File Number:2021-B-47t48149 I Development Services December 1, 2021 Report No. DS2021-177 Page 9 of 13 Page 153 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re- Consent Applicat... Schedule 2: Aerial —vui Y•rzA.— rseshoe va lleyIR �• } ■� � ♦�Id. V �• -tit ` Lir�l i M µ tidy Rene v ;•�� S # - • �' 41# to T• �Ok ! • �• Irk • 9 ' • lb • �� to F ter. 7 Winstar Rd. 11 MIND MTN Schedule 2 Aerial Photo lownshipof Q Subject Lands 0 Ow",' 2tP1 Proud Heritage,Exciting Future 0 100 n1 File Number:2021-B-47t4S149 V' Development Services December 1, 2021 Report No. DS2021-177 Page 10 of 13 Page 154 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re- Consent Applicat... Schedule 3: Applicant's Consent Sketch delp a 010 2021-B-47 ;Lo;t;,C�] Y adelp a 2021-13-48 - Lot 2 Ch adelp 'a 0 2021-13-49 - Lot 3 !�° �oOY ��� Development Services December 1, 2021 Report No. DS2021-177 Page 11 of 13 Page 155 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re- Consent Applicat... Schedule 4: Township Official Plan T F.-u 7 T ho I�IeY'INd. C y J a9 w�a s Melville_Ct. L;io 11 Holick Rd. C� � Winstar_Rd. Im C J Schedule 4 Township Official Plan - Land Use Subject Lands —s A%6 OEnvironmental Protection Two-Industrial township o��� [C/ Agricultural -Commercial Proud Heritage,Exciting Future -Rural Settlement Area o 400 m File Number:2021-1 ti I 1 Development Services December 1, 2021 Report No. DS2021-177 Page 12 of 13 Page 156 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re- Consent Applicat... Schedule 5: Existing Zoning u: 'peon aFa�en.. I 06 rt3 -{II R1 GC Rl GC R1 C YJ S e�eabaeva ner�n. �N �Oiidge. Resd GC EO AJRU Holick Rd. fN v � E C A/RU J AfRU-25 Winstar Rd. AIRU EU Schedule 5 0 Ri(Residential One) 4� Existing Zoning 0 ED(Economic Development) GC(General Commercial) l�f�/�township of A/RU(Agricultural/Rural) 1 Sub}eet Lends Proud Heritage,Exciting Future L ` OS(Open Space) I(Institutional) '�4 i 200 rn File Number:2021-B-47 Development Services December 1, 2021 Report No. DS2021-177 Page 13 of 13 Page 157 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... From: Saunders, David Sent: November 10, 2021 3:29 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-47, 48 &49) Modern Fabrication Teresa /Abbey Development Engineering has No Objection to the above noted Applications. An Engineered Site Plan shall be required at the time of Site Plan Application for the Severed Lots. Stormwater Management and Fire Suppression charges may apply as per Council's Decision regarding the Oro Industrial Park Report. (Environmental Services and Planning should address these matters going forward.) Regards Page 158 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... From: McCartney, Garry Sent: November 11, 2021 8:30 AM To: Planning<Planning@oro-medonte.ca> Cc: Craig,Jason <jcraig@oro-medonte.ca>; Wilson, Delanie <dwilson@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-47, 48 &49) Modern Fabrication Building Division has no comments at this time. Regards, Page 159 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... From: Dominic Ste-Marie <Dominic.Sainte-Marie@wendake.ca> Sent: November 12, 2021 8:34 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Cc: Lori-Jeanne Bolduc<Lori-Jeanne.Bolduc@wendake.ca>; Jean-Francois Richard<Jean- Francois.Richard@wendake.ca>; Isabelle Lechasseur<Isabelle.Lechasseur@wendake.ca>; Marie-Sophie Gendron <Marie-Sophie.Gendron@wendake.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-47, 48 &49) Modern Fabrication Kwe Debora, I understand that this plot of land is attributed for development, when development happens the Huron- Wendat Nation is interested in participating in all archaeological fieldwork for this project, as well as receiving copies of the draft reports for review and comments. Funding must be made available to ensure our participation. As you may know your Township is located squarely in a hotspot of Wendat heritage sites and we thank you for fulfilling your duty to consult with us. Tiawenhk chia' onenh Dominic Ste-Marie Page 160 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... From: Metras, Justin Sent: November 12, 2021 10:44 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-47, 48 &49) Modern Fabrication Abbey Operations has no comments on this application. Justin Page 161 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: November 15, 2021 2:51 PM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-47, 48 &49) Modern Fabrication Bell File: 705-21-898 Good afternoon, Bell Canada has no comments or concerns regarding this application. Thank you, Mary Page 162 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... From: Jakobi, Michelle Sent: November 15, 2021 11:25 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-47, 48 &49) Modern Fabrication The properties identified include Township easements for stormwater control which shall remain in place. In addition, the area is subject to specific stormwater management considerations as endorsed by Council (i.e. Tatham Option 6) and associated cost sharing agreements. Page 163 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... From: Chinoye Sunny<csunny@nvca.on.ca> Sent: November 18, 2021 1:24 PM To: Planning<Planning@oro-medonte.ca> Subject: NVCA Comments - Holick Road (2021-13-47,48 &49) Hello, Thank you for the opportunity to provide comments on the proposed lot severances for the property located at Concession 5, Part Lot 21, Reference Plan 51R-23263 Parts 2 to 17 and 23 to 29 in the Township of Oro-Medonte. The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the severance proposals in accordance to Natural Heritage and Natural Hazard policies established under the Provincial Policy Statement (PPS 2020) and our Planning and Regulation Guidelines established under the Conservation Authorities Actg. Based upon our mandate and policies, the NVCA offer the following comments for consideration. Ontario Regulation 172/06 We advise that a portion of the property is regulated by the NVCA due to the flood hazard due to the watercourse feature located on the western portion of the property. Natural Heritage Impacts NVCA staff have no natural heritage concerns. Natural Hazard Impacts SECTION 3.1.2 Policies contained within the PPS prohibit development (including lot creation) and site alteration within (c) times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard OR (d) a floodway regardless of whether the area of inundation contains high points of land not subject to flooding. NVCA's Planning and Regulations policy and Ontario's Provincial Policy Statement do not support Planning Act applications (such as lot creation and new construction) within areas of Natural Hazards, such as flooding. Conclusion On these grounds, NVCA would not be in a position to support the severances on the subject property as the new lots created would be within a floodplain. Please feel free to contact the undersigned should you have any questions regarding the above comments. Thank you for circulating these applications and please forward a copy of any decision. Kind regards, Page 164 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... 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 165 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... From: Chinoye Sunny<csunny@nvca.on.ca> Sent: November 22, 2021 10:11 AM To: Waters, Danielle<dwaters@oro-medonte.ca>; 'mark@markvandenbrink.ca' <mark@markvandenbrink.ca> Cc: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: NVCA Comments - Holick Road (2021-B-47, 48 &49) Good morning Danielle, The applicant has the opportunity to submit a natural hazard assessment to ensure that the proposed lots are outside of the floodplain and flood free. Mark—Thank you for the additional information in your email. We have reviewed the engineering analysis provided and understand the future use for the subject property. I have revised my comments, please see below: Thank you for the opportunity to provide comments on the proposed lot severances for the property located at Concession 5, Part Lot 21, Reference Plan 51R-23263 Parts 2 to 17 and 23 to 29 in the Township of Oro-Medonte. The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the severance proposals in accordance to Natural Heritage and Natural Hazard policies established under the Provincial Policy Statement (PPS 2020) and our Planning and Regulation Guidelines established under the Conservation Authorities Actg. Based upon our mandate and policies, the NVCA offer the following comments for consideration. Ontario Regulation 172/06 We advise that a portion of the property is regulated by the NVCA due to the flood hazard due to the watercourse feature located on the western portion of the property. Natural Heritage Impacts NVCA staff have no natural heritage concerns. Natural Hazard Impacts SECTION 3.1.2 Policies contained within the PPS prohibit development (including lot creation) and site alteration within (c) times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard OR (d) a floodway regardless of whether the area of inundation contains high points of land not subject to flooding. NVCA's Planning and Regulations policy and Ontario's Provincial Policy Statement do not support Planning Act applications (such as lot creation and new construction) within areas of Natural Hazards, such as flooding. The applicant does have the option of obtaining a Natural Hazard Page 166 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... Assessment, prepared by a qualified consultant to re-assess the floodplain and evaluate conformity of the proposal with relevant natural hazard-related policies. Please note that this study will be a the applicant's cost and may not produce a favorable result. Conclusion On these grounds, 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 consent complies with natural hazard-related polices and is outside the floodplain and flood free. Please feel free to contact the undersigned should you have any questions regarding the above comments. Thank you for circulating these applications 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 1 F 705-424-2115 csunnv@ nvca.on.ca I nvca.on.ca Page 167 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... \ � Y IGO \ W C S 1 N O 00 � O m U O N Cu � H 4-0 � O E N2 � � N o : O � N O > •V U N c: U ° M cn N CIO LU a 0 J ( ) J0N N° W O C� Page 168 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... W _0 t c� lO. � y rV T � � o U) -0 CM 0 m i a) LO f` — N OU IVI- a) N NN -0 -0 a) a) a) CDcn E E — ti oo (.o r` a) N CU D- o o �j o0 QL -0 � X .-. 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M W .�' •+ 0 � s d r r• •v m .. O g y awl n� A 0 . . O U 1-0 0 a L Q Page 171 of 399 6.e) 6.30 p.m. DS2021-177 Danielle Waters Planner re- Consent Applicatco ... w 0 O �o x J TT ' 4 V m � W N O CL �e N r O N e � y5� AWN � U Cu — 00 o� N W c y� O (, o J N c m 1 � N ^ LL O N W °s c N � O4-0 . . N N W y � O Q U) a U a` N O (� N Q r}. C P Page 172 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... �4�) a N IGO N ■ 7S uaanp � U V y' ci L 000 �s O � }� I] •g_q aui� W M � U O —0 N M m (D 1 0 ,r-- O N N ca +� 03 — � E U) O O _� U U � O ¢^ 4 �/ c- C ■� c M (, yJ E 7 4T N c: t!J o U -� c qy v U � W E H J 1� 0[]® U_ Page 173 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... Y a i m i NIS uaanp O �- N ^ - U u Cu — 0 CO W cu N q aul� S q aui� o rt j Y N Cu H -- m N � O N O N U O 7Zu, n c� o U ° uy ra NV � Q � of, Lu W ` 1 Page 174 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... W ?� F O M Zp QL i O 5 N cu = 7MLL ��^�+\, IGO 4-0 „� � fir' � 1^ ��_a• O c .6xi a•V C �� as n' W � w�fi"�'� `y �, 3 �i�9�'P` o 7rt• •t t -�' fJ�;t - Page 175 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re- Consent Applicat... I Y }' IGO i () N --' O . N � U 00 m c6 f � U � O N Cu - .. L.L z m � O 4-0 N O 0) O — U � 0 O Page 176 of 399 .: V ,•.r... S ,, J � _ a • II I I 15:,• t k `h 4y E Ir r 6.e) 6.30 p.m. DS2021-177 aniell a la ner re- Consent Applicat... 4 w I. E a' CIO m a _0 Is CD �s — y, M W Alill ICU O Ot N Cu - m N � O O IN cy) N - o to J O U age 178 of 399 6.e) 6.30 p.m. DS2021-177, Danielle Waters, Planner re: Consent Applicat... a� - E o _ X E N W O E L ti � E A V J M 0 T N v W Q 7 N M ^L' W O N }, O Q 70 U LLo M o (D � � 00 ow E � O >, o cUn m U 1 � L •� N D O C) U) N Cu 70 o L.L o M - Q 00 (DO IT L m N N IGO (D N N O > 4- 0 N 70 O L m o N a� o D N 7C3 U) .� N . . 1 ^' j .2O n VJ 0 N U O o ^ M a� o CO U � (II Q O Q � O z U7C3 i N fA O O Q L N O c U ( N E U O z O cu O U M aD (D Q (� U � = N co Page 179 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2021-178 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # December 1, 2021 Consent Application 2021-B-50 by Mary Robertson Roll #: 1404 Line 12 North R.M.S. File #: 4346-010-005-07900 D10 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-178 be received and adopted. 2. That the Development Services Committee grant Provisional Consent to Application 2021-B-50 to convey a parcel having 240 metres of frontage on Line 12 North and an area of 52.17 hectares and retain a parcel having 100 metres of frontage on Line 12 North and an area of 0.8 hectares, subject to the conditions as outlined in Report DS2021-178. 3. The conditions for application 2021-B-50 areas follows: a. That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or vacant retained parcel. b. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer-, c. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; d. That 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. e. That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of $525.00 per the LSRCA 2021 Fee Schedule). Development Services December 1, 2021 Report No. DS2021-178 Page 1 of 22 Page 180 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... f. That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a daylighting triangle at the northwest corner of Old Barrie Road and Line 12 North dimensioned to the satisfaction of the Director, Operations and Community Services, to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylighting triangle with Old Barrie Road/Line 12 North as one Property Identifier Number to the satisfaction of the Township/County. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. g. That the applicant satisfy the road widening and daylighting triangle conditions as outlined by the County of Simcoe in their correspondence of November 26, 2021 and submit to the Township the noted County clearance; h. That all municipal taxes be paid to the Township of Oro-Medonte; i. 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, j. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Existing Conditions This Consent application relates to the property known municipally as 1404 Line 12 North (the "subject property"), as illustrated on Schedule 1 . An aerial view of this property and its limits is provided on Schedule 2. The majority of the subject property includes no structures and is used for agricultural, rural, mineral aggregate and environmental protection purposes. The southeast corner of the property includes the existing farm cluster that includes a single detached dwelling and multiple agricultural Development Services December 1, 2021 Report No. DS2021-178 Page 2 of 22 Page 181 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... buildings. The current area of the subject property is 52.97 hectares (130.88 acres) with 320 metres of frontage. As outlined in this report, the existing single detached dwelling straddles the boundary between the "Rural Settlement Area" and "Agricultural' land use designations of the Township Official Plan. On the basis of the interpretation of land use designation boundaries outlined in Section E1 .9 of the Township Official Plan, it is my opinion that it is appropriate to consider the boundary of the Rural Settlement Area flexible and to include the single detached dwelling and accessory structures fully within the limits of the Rural Settlement Area. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: Simcoe County Official • Agricultural Plan: • Settlements: limited to the area generally including the existing detached dwelling, rear yard accessory structures and area south between these structures and the south property line along Old Barrie Road, as shown in Schedule 2 Township of Oro-Medonte • Agricultural Official Plan: • Rural Settlement Area • limited only to the area generally including the existing detached dwelling, rear yard accessory structures and area south between these structures and the south property line along Old Barrie Road • The existing single detached dwelling is partially within both the "Rural Settlement Area" and "Agricultural' designations, as shown in Schedule 2 Zoning By-Law: • Agricultural/Rural (A/RU) • Environmental Protection (EP) • Mineral Aggregate Resource Two MAR2 3. Proposal This application for consent will sever 52.17 hectares (128.9 acres) from the subject property, with the "retained lands" incorporating the existing single detached dwelling, rear yard accessory structures and the land area to the south between these structures and the south property line along Old Barrie Road. The intent of the proposed consent is to create a new lot in the designated "Rural Settlement Area" along Old Barrie Road that accommodates the existing residential use while the balance of the subject property Development Services December 1, 2021 Report No. DS2021-178 Page 3 of 22 Page 182 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... would remain in the "Agricultural' designation. The dimensions of the severed and retained lands are provided in the table below. Lands to be Severed: Lands to be Retained: Frontage: Approximately 240.0 m 787.4 ft. Approx. 80.0 m 242.5.0 ft. Depth: Irregular Approximately 100.0 m 328.0 ft. Area: Approximately 52.17 ha (128.9 ac.) Approximately 0.8 ha (1.98 ac.) Use: Agricultural Agricultural with Residence The proposed severance/aerial plan is included in Schedule 4. The drawing package submitted by the Applicant is included in Schedule 5. Based on the information submitted with the application, the severed and retained lands will comply with the prevailing zoning regulations, including minimum lot area and minimum lot frontage requirements. However, it appears that the proposed frontage of the retained lands along Line 12 North (depth of 100 metres as shown in the table above) will extend beyond the limits of the "Rural Settlement Area" designation under the Township Official Plan and extend into the "Agricultural' designation. Analysis: 1 . Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. I have reviewed the consent application within the context of the applicable policies of PPS 2020, including the following: 1.1.3 Settlement Areas 1 .1.3.8 A planning authority may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a comprehensive review and only where it has been demonstrated that: a) sufficient opportunities to accommodate growth and to satisfy market demand are not available through intensification, redevelopment and designated growth areas to accommodate the projected needs over the identified planning horizon; c) in prime agricultural areas: Development Services December 1, 2021 Report No. DS2021-178 Page 4 of 22 Page 183 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... 1. the lands do not comprise specialty crop areas; 2. alternative locations have been evaluated, and i. there are no reasonable alternatives which avoid prime agricultural areas; and ii. there are no reasonable alternatives on lower priority agricultural lands in prime agricultural areas; 1.1.3.9 Notwithstanding policy 1.1.3.8, municipalities may permit adjustments of settlement area boundaries outside a comprehensive review provided: a) there would be no net increase in land within the settlement areas; 1 .1.4 Rural Areas in Municipalities 1.1.4.1 Healthy, integrated and viable rural areas should be supported by: a) building upon rural character, and leveraging rural amenities and assets; c) accommodating an appropriate range and mix of housing in rural settlement areas; d) encouraging the conservation and redevelopment of existing rural housing stock on rural lands; 1.1.5 Rural Lands in Municipalities 1.1.5.2 On rural lands located in municipalities, permitted uses are: c) residential development, including lot creation, that is locally appropriate. It is my opinion that the proposed consent is consistent with the applicable policies of PPS 2020 for the following reasons: • While there will be creation of one new lot, there will be no changes to existing land uses and structures on the severed and retained lands as a result of the proposed consent; • The existing agricultural/rural, mineral aggregate resource and environmental protection lands on the retained lands will be maintained and protected, while separating the existing single detached dwelling and accessory structures onto a separate legal parcel; • No minor variances are required on the retained or severed lands to accommodate the proposed severance; Development Services December 1, 2021 Report No. DS2021-178 Page 5 of 22 Page 184 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... • The application will result in no adverse impacts to the existing agricultural, rural and natural heritage character of the properties in question or the surrounding community; • The existing housing stock on the property will be maintained with no increase in residential density; • While it appears that the proposed consent will create a new lot for the existing single detached dwelling and accessory uses that extends beyond the north limit of the "Rural Settlement Area" defined by the Township Official Plan, it is my opinion that this boundary line should be considered approximate and flexible, with the intent not to adjust the boundary or increase the area of the Rural Settlement Area. 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. I have reviewed the consent application within the context of the applicable policies of the Growth Plan, including the following: 2.2.1.2 d) development will be directed to settlement areas, except where the policies of this Plan permit otherwise; and f) the establishment of new settlement areas is prohibited. 2.2.8 Settlement Area Boundary Expansions 1 . Settlement area boundaries will be delineated in official plans. 2. A settlement area boundary expansion may only occur through a municipal comprehensive review where it is demonstrated that: a) based on the minimum intensification and density targets in this Plan and a land needs assessment undertaken in accordance with policy 2.2.1 .5, sufficient opportunities to accommodate forecasted growth to the horizon of this Plan are not available through intensification and in the designated greenfield area: i. within the upper- or single-tier municipality, and ii. within the applicable lower-tier municipality. 5. Notwithstanding policies 2.2.8.2 and 5.2.4.3, a settlement area boundary expansion may occur in advance of a municipal comprehensive review, provided: Development Services December 1, 2021 Report No. DS2021-178 Page 6 of 22 Page 185 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... c) the affected settlement area is not a rural settlement or in the Greenbelt Area. It is my opinion that the proposed consent conforms to the applicable policies of the Growth Plan on the following basis: • The intent of the proposed consent is to create one new lot in the existing Rural Settlement Area that will separate the existing single detached dwelling and accessory structures from the existing uses and agricultural buildings on the severed lands; • There will be no changes to the existing land uses or built form, agricultural, rural and natural heritage character of these properties and the surrounding area; • No minor variances are required on either the severed or retained lands to accommodate the proposed lot areas or dimensions; • While it appears that the limits of the new lot will extend beyond the boundaries of the existing "Rural Settlement Area", the intent is that these retained lands will accommodate only the existing single detached dwelling and accessory structures as opposed to formally expanding the Rural Settlement Area. 3. Lake Simcoe Protection Plan (LSPP) The most south eastern corner of the retained lands is located in the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area while the severed lands are outside of the regulated area. The LSRCA was circulated the application on this basis and has advised in their correspondence of November 22, 2021 that they are satisfied the consent application conforms to the applicable natural hazard and natural heritage policies of the Provincial, County, and local plans. Planning Staff have reviewed this application in the context of the LSPP and find it to be in conformity with the LSPP's development policies. 4. Simcoe County Official Plan The majority of the subject property is designated "Agricultural" with the portion including the single detached dwelling and land area fronting on Old Barrie Road being designated "Settlements". The 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; Surface Water Intake Protection Zones; and Highly Vulnerable Aquifer Areas. While the subject property is located in a Significant Groundwater Recharge Area and an area of High Potential Mineral Aggregate Resources, the proposed consent will in no way modify or adversely impact the existing land use and built form conditions on the subject property. The applicable policies of the Simcoe County Official Plan provided in Table 2. Development Services December 1, 2021 Report No. DS2021-178 Page 7 of 22 Page 186 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • The proposed consent will maintain and protect the agricultural,rural,mineral aggregate resource The goals of this Plan are: and environmental protection lands on the subject property while establishing a new lot to • To protect,conserve,and enhance the County's accommodate the existing single detached natural and cultural heritage; dwelling and accessory structures. • To achieve wise management and use of the • The existing dwelling and accessory structures will County's resources; be located on the retained lands and no new • To implement growth management to achieve residential structures are proposed. lifestyle quality and efficient and cost-effective • The existing agricultural buildings will remain on municipal servicing,development and land use; the severed lands and no new structures are • To achieve coordinated land use planning among proposed on these lands. the County's local municipalities and with • The consent will separate the existing single neighbouring counties,districts,regions,and detached dwelling and accessory uses from the separated cities,and First Nations lands; balance of the subject property without adversely • To further community economic development impacting the existing agricultural,rural,mineral which promotes economic sustainability in Simcoe aggregate resource and natural heritage character County communities,providing employment and of the subject property. business opportunities;and • The retained lands will generally be located with • To promote,protect and enhance public health the"Settlements"designation and the severed and safety. lands in the"Agricultural"designation. Part 3-Growth Management Strategy • The proposal will not result in significant growth or new development in the rural area as the new lots 3.1 Strategy will accommodate only the existing single detached dwellings and accessory structures with The planning strategy of this Plan is based on four themes: no new structures proposed on the severed or retained lands. • Direction of a significant portion of growth and • The agricultural,rural and natural heritage development to settlements where it can be character of the subject property will be effectively serviced,with a particular emphasis on maintained while facilitating continued use of the primary settlement areas. existing single detached dwelling. • Enabling and managing resource-based • The intent is that the retained lands will be located development including agriculture,forestry, in the existing limits of the"Settlements" aggregates,and tourism and recreation. designation along Old Barrie Road,which permits • Protection and enhancement of the County's the single detached dwelling and accessory uses. natural heritage system and cultural features and • The severed lands,including the agricultural uses heritage resources,including water resources. and structures,will remain in the"Agricultural" • Development of communities with diversified designation. economic functions and opportunities,and a diverse range of housing options. 3.3 General Development Policies • The existing dwelling and structures will remain with no new structures proposed. Lot Creation • Only one new lot is being created,which will accommodate the existing dwelling and accessory 3.3.1 In the Rural,Agricultural,and Greenlands designations, structures; no new residential or agricultural only one detached dwelling may be located on a lot as structures are proposed. permitted in this Plan and subject to appropriate local • No minor variances are required to accommodate municipal official plan,zoning and municipal by-laws.In the area and dimensions of either the retained or areas outside of the Oak Ridges Moraine Conservation Plan receiving lands. area,local municipal official plans may make provision for • The severed and retained lands will both have second units such as semi-detached dwelling units, frontage along Line 12 North,with the retained accessory apartments,structures providing accommodation Development Services December 1, 2021 Report No. DS2021-178 Page 8 of 22 Page 187 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... for temporary or seasonal farm help,garden suites,or other lands continuing to be accessed via the existing temporary accommodations,with the provision of adequate driveway on Line 12 North. water and sewage treatment facilities.Second detached • The existing uses on these lands conform to the accessory dwellings may be permitted in accordance with Official Plan and will continue after the consent local municipal official plan policies and shall be located in application is finalized. the building cluster. • The single detached dwelling and accessory uses will be appropriately included in the"Settlements" 3.3.2 Subdivision of land by plan of subdivision or consent, designation while the severed lands will be in the or plans of condominium,are permitted only for the land "Agricultural'designation. uses permitted in the designation or that maintain the intent of the Plan's objectives and policies. 3.3.3 In the Rural,Agricultural and Greenlands designations consents to create separate lots for two dwellings established in accordance with Section 3.3.1 are expressly prohibited. 3.3.4 Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe,the Province of Ontario,or local municipalities.Exceptions may occur in plans of condominium where the condominium development has access to a public highway.Subject to local municipal bylaws and official plans lots may be created on existing private roads or water only access. 3.3.5 Consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan,Provincial policies and legislation. 3.3.7 Development,including lot creation,is discouraged outside of but adjacent to,or in close proximity to settlement area boundaries in order to enable the efficient expansion of settlement areas.Where lands are designated Rural within one kilometre of a primary settlement area,the land use policies for prime agricultural areas shall apply.In certain circumstances,the existence of natural or human- made boundaries can be considered justification for an increase or decrease in the one kilometre distance as established in the local municipal official plan.Where a rural employment area exists in accordance with 3.7.6 or where an expansion of same is proposed in accordance with 3.7.7, the Rural policies shall apply. 3.5 Settlements • The proposed consent will result in the single detached dwelling and accessory structures being Objectives located on a separate lot in the"Settlements" designation. 3.5.1 To focus population and employment growth and . There will be no population or employment development within settlements,with particular emphasis growth since the existing dwelling and structures on primary settlement areas,in accordance with the policies on the severed and retained lands will remain. of this Plan. Development Services December 1, 2021 Report No. DS2021-178 Page 9 of 22 Page 188 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... 3.5.2 To develop a compact urban form that promotes the • No changes are proposed to the existing services efficient use of land and provision of water,sewer, and infrastructure for the single detached transportation,and other services. dwelling. 3.5.3 To develop mixed use settlements as strong and vibrant central places and to create healthy settlements and communities that are sustainable. 3.5.4 To promote development forms and patterns which minimize land consumption and servicing costs 3.6 Agricultural • The existing character of the severed and retained lands will be maintained with no changes to the Objectives site or built form characteristics proposed. • The existing single detached dwelling and 3.6.1 To protect the resource of prime agricultural lands and accessory structures will remain in their current prime agricultural areas,while recognizing the inter- location,form and function and will not conflict relationship with natural heritage features and areas and with the agricultural uses and other uses and ecological functions,by directing development that does not functions of the severed lands and other satisfy the Agricultural policies of this Plan to Settlements surrounding properties. and the Strategic Settlement Employment Areas and Economic Employment Districts and directing limited uses that are more suitable to the Rural designation accordingly. 3.6.2 To enable the agricultural industry to function effectively in prime agricultural areas by minimizing conflicting and competing uses while accommodating uses and facilities which support the agricultural economy in accordance with the Planning Act and the Farm Practices Protection Act and its successors. 3.6.3 To ensure the availability and sustainability of prime agricultural areas for long-term use for agriculture and support a diversified agricultural economy. 3.6.4 To promote a sustainable local food system that enhances opportunities for food,agriculture and agriculture- related businesses and/or producers to deliver products locally. Policies • The existing single detached dwelling and accessory uses are permitted uses. 3.6.5 Prime agricultural areas are identified by the • There will be no changes to the existing uses on Agricultural designation on Schedule 5.1 and shall be the severed or retained lands as part of this protected for long-term use for agriculture.All types,sizes application. and intensities of agricultural uses and normal farm • No minor variances have been requested for the practices shall be promoted and protected in accordance proposed lot area and dimensions of the retained with provincial standards. lands,or to accommodate the existing structures 3.6.6 Permitted uses within the Agricultural designation are on the retained lands. agricultural uses,agriculture-related uses(PPS 2014), • The proposed severance effectively separates the processing of agricultural products,on-farm diversified uses, residential uses on the subject property from the natural heritage conservation and forestry,mineral agricultural,rural,mineral aggregate resource and aggregate operations subject to Section 4.4,and agricultural environmental protection uses,as opposed to produce sales outlets generally marketing production from encroaching upon or conflicting with these uses. the local area. 3.6.7 In the Agricultural designation lot creation is discouraged and may only be permitted for:a)Agricultural uses,provided new lots for agricultural uses should not be less than 40 hectares or the original survey lot size, whichever is lesser,or 16 hectares in specialty crop areas.b) Agriculture-related uses(PPS 2014),provided that any new lot will be limited to a minimum size needed to Development Services December 1, 2021 Report No. DS2021-178 Page 10 of 22 Page 189 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... accommodate the use and appropriate sewage and water services.Residential uses shall be prohibited on such lots, and they shall be zoned accordingly;c)a residence surplus to a farming operation as a result of farm consolidation, provided that:i.the new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services,and should be an approximate size of 1 hectare;and ii.new residential dwellings are prohibited on any remnant parcel of farmland created by the severance.To ensure that no new residential dwellings are permitted on the remnant parcel, municipalities may use approaches such as zoning to prohibit the development of a dwelling unit(s),and/or the municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies;or d) infrastructure,where the facility or corridor cannot be accommodated through the use of easements or rights-of- way. 3.6.8 Lots may be created for agriculture-related uses provided that the use must be in close proximity to the farm operation(s)and cannot be accommodated on the farm or existing lots of record or directed to the Rural or Settlement designations.The lot should be in a location that is separated from the primary farm operations by physical features or where it causes minimal disruption to farm operations.If possible,the lot should be located on lower quality soils.The lot size shall be kept to the minimum required to accommodate the use and appropriate on-site sewage and water services,and should generally not be larger than 1 hectare.Residential uses shall be prohibited on such lots,and they shall be zoned accordingly.The local municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies. 3.6.9 Prime agricultural areas are areas where prime agricultural lands predominate.Specialty crop areas shall be given the highest priority for protection,followed by Classes 1,2,and 3 soils,in order of priority. 3.6.10 Development in prime agricultural areas should wherever possible be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system and cultural features. 5. Township of Oro-Medonte Official Plan The subject property is designated "Agricultural' and "Rural Settlement Area" 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 proposed lot (retained lands) will generally be located within the boundaries of the existing "Rural Settlement Area" and the consent application conforms to the Official Plan. Development Services December 1, 2021 Report No. DS2021-178 Page 11 of 22 Page 190 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The proposed consent will have no adverse impacts on natural heritage features on the A2.1 Natural Heritage subject property and the surrounding areas. • No changes are proposed in land use on the A2.1.1 Goal retained or severed lands. • Only one lot is being created and the existing It is the goal of this Plan to protect and enhance significant structures will be maintained with no new natural heritage features and related ecological functions in structures or uses proposed. the Township. • There are no wetlands or Provincially Significant Areas of Natural and Scientific Interest located on A2.1.2 Strategic Objectives or adjacent to the subject property. a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection,maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character • The proposed consent application intends to separate the existing single detached dwelling and A2.5.1 Goal accessory structures onto a new lot within the limits of the existing Rural Settlement Area It is the goal of this Plan to protect,maintain and enhance without resulting in any changes to the character the natural,agricultural and open space character of the of the subject property. rural area. • There will be no changes to the existing land uses A2.5.2 Strategic Objectives and structures on the property that may lead to incompatibility. a)To preserve and enhance the Oro Moraine as a unique • No minor variances have been requested to and important landform feature of the Township. accommodate the proposed lot configuration or b)To minimize the negative impact of proposed the location of the existing structures on the development on the open and natural character of the severed and retained lands. existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. A2.6 Growth and Settlement • The proposed consent relates to existing single detached dwelling uses and will not result in new A2.6.2 Strategic Objectives residential growth or changes to the character of the severed or retained lands. Development Services December 1, 2021 Report No. DS2021-178 Page 12 of 22 Page 191 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... a)To direct the majority of new residential growth to • The intent is for the retained lands to be located settlements. within the existing"Rural Settlement Area"while d)To encourage the more efficient use of land in the severed lands would be in the"Agricultural" settlements,where appropriate. designation. SECTION C1—AGRICULTURAL • The proposed consent will maintain the existing agricultural uses on the severed lands in their C1.1 OBJECTIVES current form while separating the existing single detached dwelling and accessory structures onto a a)To maintain and preserve the agricultural resource base of new lot in the Rural Settlement Area along Old the Township. Barrie Road. b)To protect land suitable for agricultural production from • There will be no changes to the land use or built development and land uses unrelated to agriculture. form character of the severed or retained lands as c)To promote the agricultural industry and associated part of this application. activities and enhance their capacity to contribute to the • The single detached dwelling is a permitted use economy of the Township. and also represents only a small portion of the d)To preserve and promote the agricultural character of the subject property under existing conditions.The Township and the maintenance of the open countryside. principle use of the subject property will remain unchanged. 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. C1.3 DEVELOPMENT POLICIES . The proposed consent will establish a separate lot for the existing agricultural,rural, mineral C1.3.1 The Creation Of New Lots For Agricultural Purposes aggregate and environmental protection uses on the subject property with the single detached It is the intent of this Plan that land which is suitable for dwelling on the retained lands functioning as part agricultural use be protected from development and land of the Rural Settlement Area. uses that are unrelated to agriculture.It is also the intent of this Plan to encourage the expansion,consolidation and development of new agricultural uses since the agricultural sector greatly contributes to the economy of the municipality.Council supports the development of new specialized agricultural uses in the Township as these uses have the potential to increase the amount of agricultural activity in the municipality. Development Services December 1, 2021 Report No. DS2021-178 Page 13 of 22 Page 192 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... SECTION C3—RURAL SETTLEMENT AREAS • The proposed consent will maintain the existing community character in terms of land use and built C3.1 OBJECTIVES form. • The existing single detached dwelling and • maintain and create attractive communities with accessory structures are permitted in this suitable amenities. •To ensure that settlement areas are developed in a logical designation. and cost-effective manner. • No changes are proposed on the retained lands that would adversely impact the character and C3.2 PERMITTED USES quality of the property or the surrounding settlement area. Permitted uses in the Rural Settlement Area designation as shown on the schedules to this Plan are low density residential uses,small scale commercial uses that serve the needs of the settlement area and the surrounding rural area, small scale industrial development in the form of repair garages,warehouses,workshops or manufacturing and/or fabrication plants,institutional uses such as schools,places of worship,community centres,libraries and similar uses, bed and breakfast establishments subject to Section C1.3.10 and home occupations. SECTION D2—SUBDIVISION OF LAND • The severed and retained lands will both have frontage and direct access to Line 12 North,which D2.2 NEW LOTS BY CONSENT is maintained on a year-round basis; • The consent will not modify traffic volumes or D2.2.1 General Criteria patterns relative to existing conditions; Prior to issuing provisional consent for a new lot for any • The severed and retained lands comply with the purpose,the Committee of Adjustment shall be satisfied applicable zoning regulations,including lot area that the lot to be retained and the lot to be severed: and frontage; • The severed and retained lands will rely on the a)fronts on and will be directly accessed by a public road existing servicing and infrastructure; that is maintained on a year-round basis; • There will be no changes to the drainage or other b)does not have direct access to a Provincial Highway or land use characteristics. County Road,unless the Province or the County supports the request; c)will not cause a traffic hazard; d)has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; e)can be serviced with an appropriate water supply and means of sewage disposal; f)will not have a negative impact on the drainage patterns in the area; 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; h)will not have a negative impact on the features and functions of any ecological feature in the area; i)will not have a negative impact on the quality and quantity of groundwater available for other uses in the area;and, 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. E1.9 INTERPRETATION OF LAND USE DESIGNATION • It is my opinion that the intent of the application is BOUNDARIES to create one new lot that accommodates the existing single detached dwelling and accessory Development Services December 1, 2021 Report No. DS2021-178 Page 14 of 22 Page 193 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... The boundaries between land uses designated on the uses and separates these uses from the Schedules to this Plan are approximate except where they agricultural,rural,environmental protection and meet with roads,railway lines,rivers,pipeline routes, mineral aggregate resource uses on the property. transmission lines,lot lines or other clearly defined physical • The existing dwelling is located on the boundary features and in these cases are not open to flexible between the Rural Settlement Area and interpretation.Where the general intent of the document is Agricultural designations as illustrated on the maintained,minor adjustments to boundaries will not require amendment to this Plan.It is recognized that the Official Plan mapping.Thus,it is appropriate that boundaries of the Environmental Protection One designation this boundary be considered approximate and and Environmental Protection Two overlay designation may shifted north of the dwelling for the purposes of be imprecise and subject to change.The Township shall this application. determine the extent of the environmental areas on a site • This application seeks to create one new lot within by site basis when considering development proposals,in the general limits of the existing Rural Settlement consultation with the appropriate agencies.Any refinement Area as opposed to expanding the boundaries and to either the Environmental Protection One designation or area of the settlement area. Environmental Protection Two overly designation shall not require an Amendment to this Plan.Where a lot is within more than one designation on the Schedules to this Plan, each portion of the lot shall be used in accordance with the applicable policies of that designation. 6. Township of Oro-Medonte Zoning By-Law 97-95 The proposed consent involves the severance of the portion of the subject property with agricultural, rural, mineral aggregate resource and environmental protection uses from the existing single detached dwelling and accessory structures on the southeast corner of the property. The proposed severed and retained lands require no minor variances for the lot area, frontage and configuration. No minor variances are required to accommodate the existing agricultural buildings on the severed lands and single detached dwelling and accessory structures on the retained lands. The existing uses and single detached dwelling are permitted under the prevailing zoning designations and no new uses or structures are proposed for either the severed or retained lands. The increase in the number of lots in the community will not change the land use and built form character of these properties and the surrounding community. It is my opinion that the application conforms to the applicable County and Township Official Plan policies that relate to the concept of compatible rural land use that preserves and protects existing natural heritage and rural features and uses. The intent is that the existing single detached dwelling and accessory uses will be located within the existing boundaries of the "Rural Settlement Area". 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. It is my opinion that the consent application complies with the Zoning By-Law and supports appropriate land use on the severed and retained 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 Development Services December 1, 2021 Report No. DS2021-178 Page 15 of 22 Page 194 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is my opinion that the requested consent is consistent with PPS 2020, the Growth Plan and the applicable matters of provincial interest. Section 51(24) of the Planning Act sets out the following criteria for evaluating proposals for subdivision, including consent: a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in Section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing; (e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; (f) the dimensions and shapes of the proposed lots; (g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; (h) conservation of natural resources and flood control; (i) the adequacy of utilities and municipal services; 0) the adequacy of school sites; (k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; (I) the extent to which the plan's design optimizes the available supply, means of supplying, efficient use and conservation of energy; and (m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001 , c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2). For the reasons outlined in this report, it is my opinion that that proposed consent satisfies these criteria and intends to separate the single detached dwelling and accessory uses onto a new lot that is situated within the existing limits of the Rural Settlement Area. 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 December 1, 2021 Report No. DS2021-178 Page 16 of 22 Page 195 of 399 6J) 6.40 p.m. DS2021-178, 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 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. I am 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 —A 15-metre X 15-metre daylight triangle is required at the northwest corner of the intersection of Old Barrie Road and Line 12 North. • Township Building Division — No comments. • Township Development Engineering — No objection to the application. Bell Canada — No comments or concerns. County of Simcoe —A 5.0 metre road widening along the entire frontage on Old Barrie Road (County Road 11) and a 15mx15m daylighting triangle at the intersection of Old Barrie Road and Line 12 North are required (see specific conditions in their November 26, 2021 correspondence) • LSRCA - The proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. Approval of this application is recommended on the condition that the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of $525.00 per the LSRCA 2021 Fee Schedule). Development Services December 1, 2021 Report No. DS2021-178 Page 17 of 22 Page 196 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Site Photos Schedule 4: Site Plan Conclusion: I recommend that Consent 2021-B-50 be approved, subject to the conditions outlined in this report. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Andria Leigh, Deputy CAO/Director Development Services November 28, 2021 Development Services December 1, 2021 Report No. DS2021-178 Page 18 of 22 Page 197 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... Schedule 1: Location Map Development Services December 1, 2021 Report No. DS2021-178 Page 19 of 22 Page 198 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... Schedule 2: Aerial Photos Map Layers AIRU Is - R1 fi A.+R U R1 M4R2 EP - I RT I R1 R1 R1 RURl-119 fi A, NRU F A,REI RURz t NOTE:this aerial map includes an overlay of the Township Official Plan land use designations,illustrating the transition from"Rural Settlement Area"to"Agricultural' Development Services December 1, 2021 Report No. DS2021-178 Page 20 of 22 Page 199 of 399 • . 40 • Barton, • • Planning Consultant Schedule • • Existing Building Cluster on Subject Property Severed Lands Existing Single Detached Dwelling Existing i Dwelling Development • 2021 Report • 121-178 Page 21 of Page 200 of •• 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... k. y - Fm y: Existing Agricultural Structures Existing Agricultural Structures Schedule 4: Site Plan 4. .000 1404 Line 12 North �.E •. O i •X4. Una I.<tnds to be severed "'s Lands tQ he retained i ownership Google Earth Development Services December 1, 2021 Report No. DS2021-178 Page 22 of 22 Page 201 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... From: Metras, Justin Sent: November 16, 2021 2:54 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-13-50) Robertson Abbey Operations will require a 15m x 15m daylight triangle at the north west corner of Old Barrie Road and Line 12. Regards Justin Page 202 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... From: McCartney, Garry Sent: November 17, 2021 7:35 AM To: Planning<Planning@oro-medonte.ca> Cc: Craig,Jason <jcraig@oro-medonte.ca>; Wilson, Delanie <dwilson@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-13-50) Robertson Building Division has no comments at this time. Page 203 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... From: Saunders, David Sent: November 17, 2021 8:50 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-13-50) Robertson Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 204 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: November 19, 2021 8:10 AM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-50) Robertson Bell File: 705-21-906 Good morning, Bell Canada has no comments or concerns regarding this application. Thank you, Mary Mary McCartney Bell Canada - Right of Way Associate Floor 2, 140 Bayfield St Barrie, ON L4M 3B1 705-722-2219 or1-888-497-8735 Page 205 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail: plan ning@oro-medonte.ca November 22nd, 2021 Oro-Medonte File No: 2021-B-50 LSRCA File No.: CO-400738-111921 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Dear Mr. Karaiskakis: Re: Application for Minor Variance Owner/Applicant: Mary Robertson 1404 Line 12 North, 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 of this consent application is for a severance of an agricultural parcel.The details of the proposed consent (severance) are: Lands to be Severed: Lands to be Retained: Frontage: Approximately 240.0 m (787.4 ft.) Approx. 80.0 m (242.5 ft.) Depth: Irregular Approx. 100.0 m (328.0 ft.) Area: Approx. 52.17 ha (128.9 ac.) Approx. 0.8 ha (1.98 ac.) Use: Agricultural Agricultural with Residence Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing—Agency Circulation Package, dated Nov. 16t", 2021 • 'Applicant's Consent Sketch' of the Agency Circulation Package 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 County of Simcoe and 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. 120 Bayview Parkway T 905.895.1281 Newmarket:, Ontario L3Y 3w3 F 905.853.5881 Member of Conservation Ontario Page 206 o-fF399.800.465.0437 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planlpapll tpCn mnt,... Page 2of4 Recommendation Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application, on the following condition: • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2021 Fee Schedule). Site Characteristics The subject property is partly regulated under Ontario Regulation 179/06, as per the Conservation Authorities Act. This is due to the nearby Provincially Significant Wetland (PSW) feature, located across to the southeast of Old Barrie Rd. East, and Line 12 North. The subject property appears partly designated as 'Greenlands' and 'Agricultural' under the County of Simcoe Official Plan. The property appears partly designated as 'Agricultural', 'Oro Moraine Core/Corridor Area', and 'Rural Settlement Area' as per the Township of Oro-Medonte Official Plan. The property appears zoned as Agricultural/Rural Zone, or'A/RU', Environmental Protection Zone,or'EP',and Mineral Aggregate Resource Two Zone, or'MAR2', as per the Townships Zoning By-law 97-95. 1404 Line 12 North,Oro-Medonte Features Lake Nation Reyian canserratlon author,tV 0 LSRCA watershed Bauradary 0 LSPP Watershed Boundary — Regulation Boundary Regulation A— �- Assessment Parcel Lot aId COS--I- 1 Road Labels Watercourse Lake Sim.— Reads xmy eoo smm = nr..atnvi. * _ Railway 'a [] Lrn Tier Municipality Q � G - 11722r2021 mar: Fg mx mpn os moniomn eau xv+9 eusip�awt�Tx��e�����e Wm�c ra..n. J unr.e W we rxeuna wr.'aer�e.te.wnneem.mz rn mri pna�m-�imc .oe pmcssiwa m:rei moue omigra"al��rxa�ev�os xixt it.avt t+Fnt Scale 1: 12,982 Illetaas GO 0 330 "9 Page 207 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planlpapll tpCn mnt,... Page 3of4 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020).The subject property is not within the vicinity of any regulated natural hazard area,and therefore, the proposal is 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. An LSRCA permit is not required to facilitate this severance. Please note that any new building or construction on the newly created lot, within the regulated area, as per Ontario Regulation 179/06 of the Conservation Authorities Act, will require an LSRCA permit. Summary Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application, on the following condition: • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2021 Fee Schedule). 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 is applicable to the area where the new lot is to be created. An LSRCA permit is not required as part of this consent (severance) 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, A�W� Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 208 of 399 6:40 pro ntD�S 021e-178, Michael Barton, Township Planning Consultant,... Main Line (705)726 9300 COUNTY OF Transportation and Toll Free 1 866 893 9300 S MC0 Ak Engineering Fax(705)727 7984 TRANSPORTATION AND �� 1110 Highway 26, ENGINEERING r. Web: simcoe.ca Midhurst, Ontario L9X 1 N6 Andy Karaiskakis November 26, 2021 Secretary-Treasurer, Committee of Adjustment Township of Oro-Medonte 148 Line 7 S Oro-Medonte, ON LOL 2EO **via e-mail** Dear Mr. Karaiskakis, Re: Consent Application File No. 2021-B-50 Applicant: Mary Robertson 1404 Line 12 North, Township of Oro-Medonte, County of Simcoe Thank you for circulating the above-noted application to the County of Simcoe for review. The existing right-of-way on County Road 11 adjacent to the south-east portion of the subject property (approximately 53.0 metres in length) is approximately 20.0 metres wide. In accordance with Table 5.4 of the Simcoe County Official Plan, the required basic right-of-way width for County Road 11 is 30.5 metres. County staff has reviewed this requirement and feel that the full right-of-way width is necessary for future road maintenance, road improvements and stormwater flow from County Road 11. In order to meet this right-of-way requirement, the County will require a road widening of approximately 5.0 metres. The Simcoe County Official Plan also states the requirement for daylight (sight) triangles. The County standard for daylight (sight) triangles is 15 metres X 15 metres. These dimensions are applied to the limit of the requested right-of-way. The County of Simcoe has no objection to the approval of the application, provided the following conditions are included: 1. The applicant shall transfer to the Corporation of the County of Simcoe ("County"), at no cost, a fee simple, unencumbered interest in the following: • A road allowance widening along the frontage of the retained property adjacent to County Road 11 (approximately 53.0 metres in length) to provide a 15.25 metre right-of-way from the centre line of County Road 11. • Daylight (sight) triangle measuring 15 metres east-west x 15 metres north- south at the north west corner of the Line 12 North and County Road 11 intersection. The applicant shall submit to the satisfaction of the County's Transportation and Engineering Department a preliminary reference plan (1 copy and 1 electronic copy) which sets out the road widening to be transferred to the County. Upon approval, the County will instruct the surveyor to deposit the reference plan in the Land Registry Office for Simcoe County and request the surveyor provide the County with 1 copy and 1 electronic copy of the deposited reference plan. Page 209 of 399 6J) 6.40 p.m. DS2021-178 MMichael ounty C Berton, Township Planning Consultant,... Comments - All costs associated with the land transfer, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the applicant. All legal documentation is to be negotiated, prepared and registered by the Legal Services Department of the County and to be executed where required by the Applicant. The Applicant shall submit to the Legal Services Department of the County a deposit in the amount of$1000.00 prior to the services being rendered. Invoices will be submitted on a cost recovery basis and applied against the deposit. Additional deposits may be required, and any excess over the total invoices will be refunded. The County of Simcoe is requesting the road widening pursuant to section 53(12) of the Planning Act and such land will form part of the highway to the extent of the designated widening in accordance with section 31(6) of the Municipal Act, 2001. The widening of County Road 11 is required pursuant to the County's standards for construction and is consistent with proper safety standards. 2. If applicable, all fences must be moved 0.3 metres inside of the new property line. Prior to stamping of the deed by the Town of Oro-Medonte, the Applicant shall obtain written clearance from the County for the above-noted condition. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact me. Sincerely, The Corporation of the County of Simcoe Zoran Nedelkovski, C.E.T Engineering Technician II (705) 726-9300 ext. 1222 Zoran.Nedelkovski(a)-simcoe.ca C.C. Ishan Maggo, County of Simcoe https://simcoecounty.sharepoint.com/sites/PLNDepartment/Shared Documents/General/D-Development&Planning D/D07 to D14 Development Correspondence/Oro-Medonte/D10 Severance&D13 Variances/2021/0m-B-21020-1404 Line 12 North/TE Comments-Nov 26,21.doc Page 210 of 399 6J) 6.40 p.m. DS2021-178, icha�l B?r�o0nn,1 1ownsh ePInnin Consultant ev nt ervicsecem er eop ommi ee ,... 6f) Additional correspondence received From: Amadio, Dan <Dan.Amadio@simcoe.ca> Sent: December 1, 2021 10:02 AM To: Karaiskakis,Andy<aKaraiskakis@oro-medonte.ca> Cc: Maggo, Ishan <Ishan.Maggo@simcoe.ca> Subject: County of Simcoe Comments - 2021-B-50 Hello Andy, Please be aware that the County of Simcoe does not have any concerns with the application proposed relating to a severance at 1404 Line 12 North. It is understood that the residential lot created will be within the Rural Settlement of Rugby, and that the retained parcel will be in the Agricultural designation but remain an agricultural parcel. If the consent is approved the agricultural parcel will continue to be greater than 40 hectares in size. Accordingly there are no concerns from a provincial or County planning policy perspective. Best regards. Dan Amadio, MCIP, RPP Manager of Planning County of Simcoe, Planning Department Phone: 705.726.9300 ext.1005 Email: dan.amadio(o)-simcoe.ca www.simcoe.ca Page 211 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultant,... �\ C r W S m s b 44 k •� i O O ry C) IGO 1 O ^ O N �--+ - ~ 4-0 O U) z w o a� O cV (n 10� O O U � (6 U U U J 4-0 p ) U Q O Q Q a) � .(6 M N a)O 'V O i C� '> �_ Q U) N LU O v) 10� Page 212 of 399 6J) 6.40 p.m. DS2021-178, Michael Barton, Township Planning Consultantv VIA ,... O � - �--� O U -0 O N o0 O O � �? 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U = (.0 CO C (n ? d U CZ C 3 - CLCOON Z O C N QOL N .0 � CO L -0 N a ++ CB = C CL C � M EU) OLL � � COM O a) 0 -Q E Om W LO V 0) Q Page 220 of 399 6.g) 6.50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re:... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2021-179 Committee Catherine McCarroll, Intermediate Planner Meeting Date: Subject: Motion # December 1, 2021 Consent Application 2021-B-51 by Roy Hastings Roll #s: 2262 Highway 11 South R.M.S. File #: 4346-010-002-22400 D10-60132 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-179 be received and adopted. 2. That Consent Application 2021-13-51 by Roy Hastings, to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), a lot depth of approximately 100.6 metres (330.0 feet) and an area of approximately 0.3 hectares (0.75 acres) to be added to the property located at 2270 Highway 11 South, be approved subject to the conditions as outlined in Report DS2021-179. 3. The conditions are as follows: a) That, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land to abutting lands to the north legally described as Concession 5 Part Lot 20 Reference Plan 51 R31514 Part 1 and Reference Plan 51 R32631 Part 2 (Oro), which is owned by the Township, dimensioned to the satisfaction of the Director, Development Services, that said parcel be deeded gratuitously to the Township; that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that all costs associated with the dedication be born the Owner. b) That the severed lands with an area of approximately 0.3 hectares (0.75 acres) be merged in title with the abutting property to the east, described as Concession 5 West Part Lot 20 Reference Plan 51 R4535 Part 1 Reference Plan 51 R1379 Part 5 Reference Plan 51 R12186 Part 1 (Oro), with a municipal address of 2270 Highway 11 , and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent Development Services December 1, 2021 Report No. DS2021-179 Page 1 of 9 Page 221 of 399 6.g) 6.50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re:... conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. c) That all municipal taxes be paid to the Township of Oro-Medonte. d) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. f) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. g) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands proposed to be severed, retained and merged are located along Highway 11 , in the Guthrie Rural Settlement Area. The lands to be severed through Application 2021-13-51, contain storage buildings and are proposed to be merged with the abutting property to the east, 2270 Highway 11 South, which contains storage buildings. The retained lands contain a single detached dwelling. Surrounding land uses predominantly consist of residential uses to the east and west, agricultural uses to the north and Highway 11 to the south of the subject lands (Refer to Schedules 1 and 2). Development Services December 1, 2021 Report No. DS2021-179 Page 2 of 9 Page 222 of 399 6.g) 6.50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re:... Purpose of Application 2021-B-51: The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Lands to be retained Total Merged lands Severed from (2262 Highway 11 (2270 Highway 11 2262 Highway 11 South) South) South Frontage: Approximately 0 m (0 Approximately 30.2 m Approximately 0 m (0 ft.) (99.0 ft.) ft.)- Depth: Approximately 100.6 Approximately 100.6 m Approximately 100.6 m m (330.0 ft.) (330.0 ft.) (330.0 ft.) Area: Approximately 0.3 ha Approximately 0.3 ha Approximately 0.7 ha (0.75 ac.) (0.75 ac.) (1.75 ac.) Use: Storage Residential Storage *The benefitting lands have a Right-of-Way over 2278 Highway 11 South. No new lots are proposed as a result of the boundary adjustment/lot addition. The consent sketch is included as Schedule 3 to this report. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Sections 1.1.3 — Settlement Areas and 1 .1.4 — Rural Areas are applicable to this application. The type and density of development on these lands has already been established and will not be changing as a result of the boundary adjustment. No new buildings or structures are proposed as part of this application. Based on the above, Planning Staff is of the opinion that this boundary adjustment application is consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed boundary adjustment is consistent with the Rural Areas policies in the Growth Plan as the boundary adjustment does not represent "development" as defined by the Growth Plan. Based on the above, Planning Staff are satisfied that the proposed boundary adjustment is considered to conform to the policies of the Growth Plan. Development Services December 1, 2021 Report No. DS2021-179 Page 3 of 9 Page 223 of 399 6.g) 6.50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re:... County of Simcoe Official Plan The subject lands are designated `Settlements' in accordance with the County of Simcoe Official Plan. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.18). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 129). Planning Staff are satisfied that this boundary adjustment is minor in nature as it will not impact the character of the surrounding uses and the retained lands will be large enough to accommodate the current residential use. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated `Rural Settlement Area' in "Schedule A— Land Use" of the Township's Official Plan. The objectives of the Rural Settlement Area designation are: • To maintain and create attractive communities with suitable amenities. • To ensure that settlement areas are developed in a logical and cost-effective manner. The Rural Settlement Area section is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan." (p. 235). Planning Staff are satisfied that the proposed boundary adjustment is generally in keeping with the intent of the Rural Settlement Area policies stated in the Official Plan, and otherwise conforms to the boundary adjustment policies contained in Section D.2.2.2 as no new building lot is proposed and the proposed boundary adjustment will not affect the viability of the current use. Development Services December 1, 2021 Report No. DS2021-179 Page 4 of 9 Page 224 of 399 6.g) 6.50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re:... Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands and the benefitting lands are currently zoned Residential One (R1) in the Township's Zoning By-law 97-95, as amended. Table B1 of the Township's Zoning By-law requires a minimum of lot size of 0.2 hectares (0.49 acres) for single detached dwellings and a minimum frontage of 30.0 metres (98.4 feet) for a lot in the Residential One (R1 ) Zone. The retained lands (2262 Highway 11 South) comply with the minimum lot frontage and minimum lot area, as the lot is proposed to have a frontage of 30.2 metres (99.0 feet) and a lot area of 0.3 hectares (0.75 acres). The proposed merged lands would comply with the minimum lot area in the Residential One (R1) Zone as the owner is proposing a lot size of approximately 0.7 hectares (1.75 acres); however, it would not comply with the minimum lot frontage as the lot would be landlocked. The benefitting lands (2270 Highway 11 South) currently have a non- complying lot frontage of 0 metres (0 feet), as the property is landlocked, yet it has access to Highway 11 via a right-of-way (RO948253) over the long lane located at 2278 Highway 11. This right-of-way would benefit the additional parcel as well. It is Planning Staff's opinion that no relief (Minor Variance or Zoning By-law Amendment) from the Zoning By-law is required to address the lack of road frontage, since the situation is already legally existing and is not the result of the proposed boundary adjustment. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), and is satisfied that the Consent Application meets the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the 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 December 1, 2021 Report No. DS2021-179 Page 5 of 9 Page 225 of 399 6.g) 6.50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re:... Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building Division — No comments. • Township Development Engineering — No objection. Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2021-B-51 for the purposes of a boundary adjustment be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services November 25, 2021 Andria Leigh, Deputy Chief Administrative Officer/ Director Development Services November 25, 2021 Development Services December 1, 2021 Report No. DS2021-179 Page 6 of 9 Page 226 of 399 6.g) 6.50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re:... Schedule 1: Location Map -tm_T .Mani ei[one•Rd. d•B !.d. �RidgeN Rp9�Jr L1 10 9 tL e 2270 6 7 2278 31 B_ N 29 6 5 2240 2252 52262 3 2262 4 3 2266 2274 2 1 2304 2290 2296 2300 26 2299 Schedule 1 Location Township of~_+ ®Subject Lands 0Proud Heritage,Exciting Future 0 100 rn File Number,2021-B-51 N I i i i Development Services December 1, 2021 Report No. DS2021-179 Page 7 of 9 Page 227 of 399 6.g) 6.50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re:... Schedule 2: Aerial Photo Y". 77� i -Mani eFone Rd. � iseepi q•YaI+Y Fd, FIT Iw•�a F a t � 1 1 7 s r T 4" ^" Schedule 2 Aerial Photo Towreship of~_+ E3Subject Lands Proud Heritage,Exciting Future 0 50 m File Number,2021-B-51 N I i i i Development Services December 1, 2021 Report No. DS2021-179 Page 8 of 9 Page 228 of 399 6.g) 6.50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Proposed Boundary Adjustment Benefitting lands ��Co (2270 Highway 11 South) IF- ' s jd& YY Lands to be severed y and .� Merged _ Right-of-way over with 2270 F, _a,� N 2278 Highway 11 Highway �� ,l, South to access the benefitting lands 11 South 01 (2270 Highway 11 South) t Lands to .� be retained Q-11 T, Schedule 3 Proposed Boundary Adjustment WS Tmrmship of File Number 2021-B-51 Proud Heritage,ErrvaireQ Fr.rtrere Development Services December 1, 2021 Report No. DS2021-179 Page 9 of 9 Page 229 of 399 6.g) 6.50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re:... From: Saunders, David Sent: November 14, 2021 10:03 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-51) Hastings Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 230 of 399 6.g) 6.50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re:... From: McCartney, Garry Sent: November 15, 2021 10:32 AM To: Planning<Planning@oro-medonte.ca> Cc: Craig,Jason <jcraig@oro-medonte.ca>; Wilson, Delanie <dwilson@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-51) Hastings Building Division has no comments at this time. Page 231 of 399 6.g) 6.50 p.m. DS2021-179, Catherine McCarroll, Intermediate Planner re:... X, w IRS W � o S � - ca -- -17 MI W I r N O - N 4•0 O U) a O 0 � � C) a) F f'O _0 . . . . 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File #: 4346-010-005-00800 D10-60133 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2021-180 be received and adopted. 2. That Consent Application 2021-13-52 by Jeff Penman, to create a new lot that is surplus to the applicant's farm operation on lands municipally known as 193 Line 11 North, Township of Oro-Medonte, be denied, for the reasons that the application is not consistent with the Provincial Policy Statement 2020, does not conform to the County of Simcoe Official Plan, does not satisfy the requirements of Section 51(24) of the Planning Act. 3. And that the applicant be advised of the Committee's decision under the Secretary- Treasurer's signature. Background: The subject lands have a lot area of 43.94 hectares (108.6 acres) and contain a single detached dwelling, a mobile home, a large agricultural building (shop), a former livestock barn (no longer used for livestock), and four smaller agricultural buildings. The majority of the land is or has until recently been under cultivation, and the remainder of the land is covered in scattered woodlands, untended fields, a pond and the upper reaches of a tributary of Hawkestone Creek. Surrounding land uses predominantly consist of agricultural uses and include scattered rural non-farm dwellings. Refer to Schedules 1 and 2 for a Location Map and Aerial Photo. The lands to be severed currently support all of the buildings noted above. The lands to be retained are vacant and are intended for continued agricultural purposes. The applicant has proposed to sever the dwelling and surrounding buildings on the basis that the dwelling is surplus to the farm operation. The applicant's Consent Sketch is included as Schedule 3 to this report. Development Services December 1, 2021 Report No. DS2021-180 Page 1 of 11 Page 242 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... The details of the proposed severance are as follows: Lands to be Severed: Lands to be Retained: Frontage: Approximately 170.0 m (557.7 ft.) Approximately 366.5 m (1,202.4 ft.) Depth: Approximately 200.0 m 656.1 ft. Approximately 725.0 m 2,378.6 ft. Area: I Approx. 3.66 hectares (9.04 acres) Approx. 40.0 hectares (99.0 acres) Use: Continued Residential Continued Agricultural Analysis: Provincial Policy Statement 2020 (PPS) The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Section 1.1.4 of the PPS contains policies related to "Rural Areas in Municipalities" and specifically, Section 1.1.4.1 d) of the PPS encourages "the conservation and redevelopment of existing rural housing stock on rural lands." The subject lands are located in a Prime Agricultural Area and Section 2.3.4.1 states: "Lot creation in prime agricultural areas is discouraged and may only be permitted for: a. agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b. agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c. a residence surplus to a farming operation as a result of farm consolidation, provided that: 1 . the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and, 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; and, d. infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way." Section 2.3.4.1(c) regarding the severance of a residence surplus to a farming operation is the policy that is directly relevant to this application. The PPS defines a residence surplus to a farming operation as: "means an existing habitable farm residence that is rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation)". Development Services December 1, 2021 Report No. DS2021-180 Page 2 of 11 Page 243 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... The PPS states in Part II: Legislative Authority that, "In respect of the exercise of any authority that affects a planning matter, Section 3 of the Planning Act requires that decisions affecting planning matters "shall be consistent with" policy statements issued under the Act." The following two aspects of this this application are not consistent with the PPS: Firstly, the applicant has not demonstrated the dwelling to be severed is surplus as a result of a farm consolidation. The applicant owns no other farm properties with dwellings, has provided no information that would indicate that a farm consolidation by another party has occurred or is in-process and has not indicated on his application a specific farmer or farm operation to whom the farm land is intended to be transferred. The applicant does have the entire property (dwelling, agricultural buildings and land) currently listed for sale, but that does not satisfy the PPS, as a farm dwelling cannot be considered surplus based on a speculative sale to an unknown party. Secondly, the PPS 2020 states that, "the new the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services". This language represents a tightening up the language regarding lot size from the PPS 2014 which stated that, "the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services". The PPS 2020 is more restrictive and provides less flexibility to make accommodations for a larger lot size based on the use. This is intended to minimize the amount of agricultural land taken out of production as a result of a severance. The applicant's proposed severed lot, with a proposed area of approximately 3.66 hectares (9.04 acres) cannot be considered "limited to a minimum size needed to accommodate the use and appropriate sewage and water services", considering that the Township's Zoning By-law permits a minimum lot size in the A/RU Zone of 0.4 hectares (1 acre) which is adequate to accommodate a well and septic system. The size of the applicant's proposed lot has been established by the applicant's desire to include all of the existing buildings and some lands for cultivation on the proposed lot. The PPS 2020 does not support such a proposal. On the basis of the above policies, the proposed Consent application is not consistent with the Provincial Policy Statement 2020. A Place to Grow - Growth Plan for the Greater Golden Horseshoe (2020) This Province of Ontario issued the Growth Plan 2020 under the authority of Section 7 of the Places to Grow Act, 2005, and it replaces earlier versions of the Growth Plan. The Province state that the Growth Plan 2020 is "designed to promote economic growth, increase housing supply, create jobs and build communities that make life easier, healthier and more affordable for people of all ages". It provides a long-term plan to manage growth and protect the natural environment and farmland. All decisions in respect of the exercise of any authority that affects a planning matter are required to conform to the Growth Plan. The subject application has been reviewed by planning staff with respect to the policies of the Growth Plan 2020. Due to the presence of woodlands and a watercourse on the retained lands, Section 4.2.2 - Natural Heritage System is applicable. Within the Natural Heritage System, the full range of existing and new agricultural uses, agriculture-related uses, on-farm diversified uses, and normal farm practices are permitted. Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is also relevant to this application. However, recognizing Development Services December 1, 2021 Report No. DS2021-180 Page 3 of 11 Page 244 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... that the proposed new lot is significantly removed from the hydrologic and natural heritage features on the lands and considering that the Lake Simcoe Region Conservation Authority (LSRCA) have advised that they have no concerns with this application, Planning Staff are satisfied that the proposed consent will not cause any negative impacts to hydrologic or natural features. Section 4.2.6 Agricultural Systems is relevant to this application. The Province has mapped an Agricultural system, which is defined as: "The system mapped and issued by the Province in accordance with this Plan, comprised of a group of inter-connected elements that collectively create a viable, thriving agricultural sector. It has two components: 1 . An agricultural land base comprised of prime agricultural areas, including specialty crop areas, and rural lands that together create a continuous productive land base for agriculture; 2. An agri-food network which includes infrastructure, services, and assets important to the viability of the agri-food sector." The subject lands are within the Agricultural System. Section 4.2.6 contains policies that include: "Where agricultural uses and non-agricultural uses interface outside of settlement areas, land use compatibility will be achieved by avoiding or where avoidance is not possible, minimizing and mitigating adverse impacts on the Agricultural System." Planning Staff considers the inclusion of areas of cultivated lands within the proposed residential lot to be a negative impact on the Agricultural System that could be avoided. The creation of a new residential lot that is not surplus to a farm consolidation has the potential to unnecessarily lead to an incompatible land use that could adversely affect the Agricultural System through potential conflict between farming and a non-farm use. Based on the above, it is Planning Staff's opinion that this application does not conform to Section 4.2.6 of the Growth Plan 2020. Lake Simcoe Protection Plan (LSPP) The Lake Simcoe Protection Plan (LSPP) was prepared and approved under the Lake Simcoe Protection Act, 2008, to take effect on June 2, 2009. The Province describes the LSPP as, "a comprehensive watershed-based legislated plan to protect and restore the ecological health of Lake Simcoe and its watershed. The public and partners can learn about what Ontario is doing to protect the Lake Simcoe watershed, and about emerging challenges, including climate change and invasive species". Planning Staff have reviewed this application against the LSPP's Policies Applying to Lake Simcoe and streams (Sections 6.8 through 6.50) and find the application to be in conformity with the applicable development policies. This position is supported by the comments of the Lake Simcoe region Conservation Authority (LSRCA), who have advised that: • Portions of the subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area. • Consistency with Section 3.1 of the PPS has been demonstrated. Development Services December 1, 2021 Report No. DS2021-180 Page 4 of 11 Page 245 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... • A LSRCA permit is not required as part of this consent (severance) application. County of Simcoe Official Plan The subject lands are designated "Agricultural" and "Greenlands" in the County of Simcoe Official Plan. The proposed severed lands are located within the "Agricultural" designation and the application would not have any impacts on the "Greenlands" designation located to the rear of the farm. Section 3.6 of the County's Official Plan contains Agricultural policies that include criteria for lot creation and specifically 3.6.7(c) states that the severance of a residence surplus to a farming operation as a result of farm consolidation is permitted provided that: i. The new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services, and should be an approximate size of 1 hectare; and, ii. New residential dwellings are prohibited on any remnant parcel of farmland created by the severance. "Residence surplus to a farming operation" is defined in the County of Simcoe Official Plan and in the PPS and means "an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." These County Official Plan policies mirror those of the Provincial Policy Statement, and for the same reasons found under the PPS 2020 section of this report found, Planning Staff find this application to not conform to the County of Simcoe Official Plan. As of the preparation of this report, Planning Staff have not received comments from the County and the Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The applicant's land holdings are designated "Agricultural" in accordance with Schedule "A — Land Use" of the Township's Official Plan. The Official Plan has not yet been updated to include policies specific to the severance of surplus farm dwellings. Therefore it is necessary to rely on PPS and County Official Plan policies when considering such applications. However, the application must still be considered against Section D2.2.1 of the Official Plan which sets out general criteria applicable to all consent applications. These criteria and Planning Staff's comments are listed below: D2.2.1 Genera/ Criteria Prior to issuing provisional consent for a new lot for any purpose, the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a) fronts on and will be directly accessed by a public road that is maintained on a year-round basis,- Development Services December 1, 2021 Report No. DS2021-180 Page 5 of 11 Page 246 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... Conforms: The subject lands front onto Line 11 North, which is a public Township road maintained year-round. b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The severed and retained lands lot would front onto a Township road (Line 11 North). c) will not cause a traffic hazard; Conforms: The Township's Operations Department has advised of no concerns or objections to this application. d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Does not conform: While the proposed severed parcel would exceed the Zoning By-law's minimum lot frontage and area requirements, the creation of a residential lot contrary to the PPS 2020 and County of Simcoe Official Plan has the potential to create conflicts with surrounding agricultural activities. e) can be serviced with an appropriate water supply and means of sewage disposal; Conforms: the existing dwelling on the severed lot is currently being serviced by a well and private septic system. The Building Division is responsible for matters related to septic systems and Building Staff have advised they have no objections. f) will not have a negative impact on the drainage patterns in the area,- Conforms- The Development Engineering Division is responsible for matters related to drainage and has no concerns with the application. 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 designated "Agricultural" and are thus not designated for development beyond the level of their current use, which is for agricultural purposes. Additionally, access to the retained lands will not be restricted. h) will not have a negative impact on the features and functions of any ecological feature in the area, Conforms: No natural heritage concerns have been identified by the Township and agencies in their review of this application. i) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Development Services December 1, 2021 Report No. DS2021-180 Page 6 of 11 Page 247 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... Conforms: No groundwater concerns have been identified by the Township and agencies in their review of this application. j) will conform to Section 51 (24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Does not conform: Section 51(24) requires when considering a Consent application that regard shall be had, among other matters, to the effect of development of the proposed subdivision on matters of Provincial interest as referred to in Section 2 of Planning Act. Matters of Provincial interest include the protection of the agricultural resources of the Province. Since the application is not consistent with the agricultural policies of the PPS 2020, it cannot be considered to be in the Provincial interest and therefore does not satisfy Section 51 (24) of the Planning Act. Based on the above, this application does meet all of the Official Plan's consent criteria and therefore does not conform to the Township of Oro-Medonte Official Plan. Township of Oro-Medonte Zoning By-law 97-95 The subject property is currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By- law 97-95, as amended (refer to Schedule 8). The existing dwelling is permitted in the A/RU Zone and the frontages and lot areas of the severed and retained lands would comply with the provisions of the Zoning By-law. Since the proposed severed lot would exceed the Zoning By- law's minimum lot size (2 hectares / 5 acres) for agricultural uses, the existing buildings on the proposed lot would be treated by the Zoning By-law as agricultural buildings rather than residential accessory buildings. Although the applicant has not provided setback dimension on his Consent sketch, the existing buildings would appear to satisfy required setbacks from proposed lot lines. Any approval of a surplus farm dwelling severance would require that, as a condition of consent, that the retained farm lands be rezoned to prohibit residential uses, in keeping with Provincial Policy Statement and County Official Plan policies for surplus farm dwelling severances. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2019 • Lake Simcoe Protection Plan • County of Simcoe Official Plan Development Services December 1, 2021 Report No. DS2021-180 Page 7 of 11 Page 248 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: The Township's Corporate Strategic Plan 2021-2023 includes the goal to review and update the Official Plan of the Township. An updated Official Plan must be consistent with and conform to Provincial and County Policies. To approve this Consent application, which is not consistent with and in conformity to Provincial and County Policies, would ultimately be in conflict with the Township's strategic goal. Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering: No objection. • Operations and Community Services: No objection. • Building Division: No comments. • Bell Canada: No concerns. • Lake Simcoe Region Conservation Authority: Recommend approval. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Conclusion: Based on Planning Staff's analysis of this application, it is Staff's recommendation that Consent Application 2021-B-52 by Jeff Penman, to create a new lot that is surplus to the applicant's farm operation on lands municipally known as 193 Line 11 North, Township of Oro- Medonte, be denied, on the basis that the application is not consistent with the Provincial Policy Statement 2020, does not conform to the County of Simcoe Official Plan, does not satisfy the requirements of Section 51(24) of the Planning Act, and does not represent good planning. Respectfully submitted: Derek Witlib, MCIP, RPP, Manager, Planning Services Approvals: Date: Andria Leigh Deputy CAO & Director, Development Services November 25, 2021 Development Services December 1, 2021 Report No. DS2021-180 Page 8 of 11 Page 249 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map a �f 1 A u Y, x � n v Development Services December 1, 2021 Report No. DS2021-180 Page 9 of 11 Page 250 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo • � ,.fir,-: ..\ , k + .. rw V" 4 w 4� yy T . EqY � 1. r Y r Development Services December 1, 2021 Report No. DS2021-180 Page 10 of 11 Page 251 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicant's Severance Sketch r Lut � n f » N A s f r MA'.�•,ryYoh v4 - KUR2 A/RU � !b Sri e� _.!I W� t Development Services December 1, 2021 Report No. DS2021-180 Page 11 of 11 Page 252 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David Sent: November 10, 2021 3:21 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-52) Penman Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 253 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... From: McCartney, Garry Sent: November 11, 2021 10:35 AM 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 December 01, 2021 (2021-13-52) Penman Building Division has no comments at this time. Thank you, Page 254 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... From: Metras, Justin Sent: November 12, 2021 10:30 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-52) Penman Abbey Operations has no objections or comments on this application. Justin Page 255 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: November 15, 2021 2:46 PM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-52) Penman Bell File: 705-21-900 Good afternoon, Bell Canada has no comments or concerns regarding this application. Thank you, Mary Page 256 of 399 6.h) 7.00 p.m. DS2O21-180, Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail: plan ning@oro-medonte.ca November 22nd, 2021 Oro-Medonte File No: 2021-B-52 LSRCA File No.: CO-147560-111221 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Dear Mr. Karaiskakis: Re: Application for Consent Owner/Applicant:Jeffrey Penman 193 Line 11 North, 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 of the consent application is to create a new lot through the severance of a dwelling described as surplus to a consolidated farming operation. The detailed of the proposed consent(severance) are: Lands to be Severed: Lands to be Retained: Frontage: Approx. 170 m (557.7 ft.) Approx. 366.5 m (1202.4 ft) Depth: Approx. 200 m (656.1 ft.) Approx. 725 m (2378.6 ft) Area: Approx. 3.66 ha (9.04 ac.) Approx. 40 ha (99 ac) Use: Continued Residential Continued Agricultural Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing—Agency Circulation Package, dated Nov. 10t", 2021 • 'Applicant's Consent Sketch' in the Agency Circulation Package 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 County of Simcoe and 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. 120 Bayview Parkway T 905.895.1281 Newmarket:, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 257 O-fF399.800.465.0437 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planni�a a�W iat, ... co ervation authority Page 2of4 Recommendation Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application. Site Characteristics The subject property is partly regulated under Ontario Regulation 179/06, as per the Conservation Authorities Act. This is due to the watercourse (Hawkestone Creek) and its associated meander belt area and floodplain hazard area. As well as the regulated wetland feature, located toward the northeast corner of the property. The subject property appears designated as'Greenlands' and 'Agricultural' by the County of Simcoe Official Plan, and designated as 'Agricultural' by the Township of Oro-Medonte Official Plan. The property is zoned as Agricultural/Rural, or 'A/RU', and Environmental Protection, or 'EP' by the Township Zoning By-law 97-95. Lake Simcce 193 Line 11 North,❑ro-Medonte Features Ifi kegion cgryer.ation d�[h'�•r••; [] LSRCA Watershed Boundary LSPP Watershed Boundary -- - — Regulation Boundary .r Requlatm Area Assessment Parcel a.. Lot and Concession • Road Labels Watercourse Lake&imope Roads � ,� MMI k?0 3ivi-s �.� 1 rognxax nnMvu Railway ❑ Lower Tier Municipality •�.J � r 6\1 v.ant on t ana erg•r.e�dv L7 a Own ay. `4 .�" __�na armwee A`t iemonc.Ys.sxar Wien - wama - npd.smar rp w 1waw�bNrpYd Mm wA WW.XMM wart MYl' afw rtr! iMiwi li Yin AaJuarb waww �� wMpaTGa MII�9CM.aa4�PIGa qB ��w[111iF'r 6tiw BY[1.4 rffOCW - i oa�nrxaiew urrHcrurr.sem�.rwyr wruv.a.nr #- _ _ �.'� wor.+ur.e wn..nrwen.mirnra..nr"rar^swr r`, '`'or.orwey+rnr zea,roc xm.zm.rn r.aro�.a�. - - an.esw.r,■c Scale 1: 6,491 maters 330 0 158 330 Page 258 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Plannilra e�W iat, ... co ervation authority Page 3of4 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). Consistency with Section 3.1 of the PPS is demonstrated. 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. An LSRCA permit is not required as part of this consent(severance)application.Any future development or site alteration within the regulated area across the subject property, or the area of the new lot to be created, will require LSRCA permit. Summary Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application. 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. A permit, as per Ontario Regulation 179/06 of the Conservation Authorities Act is not required as part of this severance application. Any future development or site alteration within the regulated area will require permit. 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, A�� Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 259 of 399 6.h) 7.00 p.m. DS2021-180, Deee lilb„IOZMBgwjcPiao ti®gr i( rrMea 6h) Additional correspondence received County of Simcoe Main Line(705)726-9300 Sl COUNTY OF Planning Department Toll Free(866)893-9300 MCO A Mia0u shwa 26 L9X 1 N6 i Fax (705) 27 4276 PLANNING 1 '� �dhow November 30, 2021 ***VIA EMAIL*** Andy Karaiskakis, Senior Planner, Township of Oro-Medonte 148 Line 7 South Oro-Medonte, On LOL2EO RE: Circulation — Consent Application Owner: Jeffrey Penman Subject Lands: 193 Line 11 North, Township of Oro-Medonte, County of Simcoe County File: OM-B-21019 Thank you for circulating the County of Simcoe for comments with respect to Oro Medonte File 2021-B-52 (County File OM-B-21019). The County understands that the applicant is seeking to create a new surplus residential lot, by way of severance, as part of a farm consolidation for lands municipally described as 193 Line 11 North, legally described as Concession 12 west, Part Lot 19. The subject lands noted above are designated "Agricultural' in Schedule 5.1 of the County of Simcoe Official Plan (SCOP). With respect to Agricultural policy 3.6.7(c), the creation of a lot is permitted where a bona fide farmer is consolidating farming operations and a residence is found to be surplus. Please ensure the municipality is provided with supplementary material showing the farm in which the subject lands are being consolidated with and that the municipality is satisfied that the subject lands are owned by a bona fide farmer, to support the consolidation. The consent application has identified the residential parcel to be severed as 3.66 ha. As outlined in SCOP policy 3.6.7 c) i., lot creation "...will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services, and should be an approximate size of 1 hectare...". The proposed does not minimize the size of the lot to include the residence and services only, and therefore, does not conform to the Agricultural policies of the SCOP. The County does not support the consent application unless both of the above criteria have been met. Page 260 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... Additionally, should the municipality be satisfied that the consent is in fact part of a farm consolidation and the application is amended to reflect a more refined residential parcel, the County would request a condition of consent. In order to preserve the Agricultural System, the County would require the applicant to rezone the retained agricultural parcel to prohibit future residential development and maintain conformity to SCOP Section 3.6.7(c) ii. Please circulate future notices with respect to this proposal to the attention of the County of Simcoe Planning Department via planning.notices(d)-simcoe.ca. If you have any questions or require further information, please do not hesitate to contact the undersigned. Sincerely, The Corporation of the County of Simcoe Julie Nolan, RPP Planner III P: 705-726-9300 x1937 E: Julie.Nolan(a)-Scimcoe.ca cc. Dan Amadio, Planning Manager— County of Simcoe Page 261 of 399 6.h) 7.00 p.m. DS2021-180, Derek Witlib, Manager, Planning Services re: ... • � y 17yl/Y Sl Y 1 ^E i n N m N O N ^ ry Cu O z U r ° (D (6 U C: 'i to J }' � Q � � U . . . . 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DS2021-180, Derek Witlib, Manager, Planning Services re: ... }, /r1 Cu AAA 6- o a) a� pr O � 2 o cn cn p O 4 U � N O 0- a) C)cu o o o o Na) " < .� O Q Cu � 700 � N U E to O Cu ^' N N VJ i--�}, O O }, O N �O O a) " N L- N � CuO � o a) M a) O Oin cu N N C .-o O N � o � a 4-0 > CY LO O ' C) p COm N N . . O N O_ 0 0 — }' o 32 c a c� �+ O O =C) F � 70 o _0 Q C CU N N E _� o U) O EL O U � � Lu C� � Cu = c-) O Cu O Page 271 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2021-181 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # December 1, 2021 Consent Applications 2021-B-43 and 2021-B-44 Roll #: Kyla Delong R.M.S. File #: 4346-010-009-13900 Concession 7 Part Lot 26 D10 60110 Reference Plan 51 R6384 Part 5 Oro Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-181 be received and adopted. 2. That the Development Services Committee grant Provisional Consent to Application 2021-13-43 to convey a parcel having a lot frontage 0.0 metres and an area of 0.08 hectares to be merged with the receiving lands known municipally as 4 Elm Court to form the "total merged lands" with an area of 0.23 hectares, subject to the conditions as outlined in Report DS2021-181. 3. The conditions for application 2021-13-43 areas follows: a) That the severed lands be consolidated with the receiving lands at 4 Elm Court and that the provisions of Section 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the 4 Elm Court, the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary- Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer-, Development Services December 1, 2021 Report No. DS2021-181 Page 1 of 20 Page 272 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... c) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; d) That application 2021-13-46 be approved by Development Services Committee to merge the severed lands from 910 Line 7 South with the subject property (Concession 7 Part Lot 26 Reference Plan 51 R6384 Part 5 (Oro)); e) That all municipal taxes be paid to the Township of Oro-Medonte; f) That the Certificate of Consent be issued utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the parcels; and, g) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That the Development Services Committee grant Provisional Consent to Application 2021-13-44 to convey a parcel having a lot frontage on Elm Court of 20.0 metres and an area of 0.2 hectares to be merged with the receiving lands known municipally as 6 Elm Court to form the "total merged lands" with an area of 0.39 hectares, subject to the conditions as outlined in Report DS2021-181 . 5. The conditions for application 2021-13-44 areas follows: a) That the severed lands be consolidated with the receiving lands at 6 Elm Court and that the provisions of Section 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the 4 Elm Court, the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary- Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; c) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; d) That application 2021-13-46 be approved by Development Services Committee to merge the severed lands from 910 Line 7 South with the subject property (Concession 7 Part Lot 26 Reference Plan 51 R6384 Part 5 (Oro)); Development Services December 1, 2021 Report No. DS2021-181 Page 2 of 20 Page 273 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... e) That all municipal taxes be paid to the Township of Oro-Medonte; f) That the Certificate of Consent be issued utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the parcels; and, g) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 6. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Existing Conditions The consent applications relate to the property known legally as Concession 7 Part Lot 26 Reference Plan 51 R6384 Part 5 (Oro) (the "subject property"), as illustrated on Schedule 1 . An aerial view of this property and its limits is provided on Schedule 2. The property currently has no structures and is composed of agricultural, rural and environmental protection lands. The current area of the subject property is 15.48 hectares (38.4 acres) with only 20 metres of frontage on a public road (Elm Court). However, consent application 2021-B-46 and minor variance application 2021-A-74 propose to sever approximately 18.3 hectares (45.3 acres) from 910 Line 7 South and transfer these "severed lands" to the subject property of this application (Concession 7 Part Lot 26 Reference Plan 51 R6384 Part 5 (Oro)) to form the "total merged lands" with an area of 33.4 hectares (82.5 acres) and frontage on Line 7 South. These applications have not yet been approved by the Committee of Adjustment. 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 and Greenlands • Township of Oro-Medonte Official Plan: Rural • Zoning By-Law: Agricultural/Rural (A/RU) and Environmental Protection (EP) Development Services December 1, 2021 Report No. DS2021-181 Page 3 of 20 Page 274 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... 3. Proposal: Application for Consent (2021-B-43) This application for consent will sever approximately 0.08 hectares (0.2 acres) from the subject property and transfer these "severed lands" to the "receiving lands" known municipally as 4 Elm Court to form the "total merged lands" with an area of 0.23 hectares (0.58 acres). The result will be retained lands of approximately 15.4 hectares (38.2 acres). The dimensions of the severed, retained and merged lands are provided in the table below. Under this application, the subject property will continue to have 20 metres of frontage on Elm Court. However, if consent application 2021-B-46 is approved, the "total merged lands" formed by merging of the subject property and the "severed lands" under 2021-B-46 will have 315 metres of frontage on Line 7 South. Lands to be Severed Lands to be retained Total Merged lands from (4346-010-009-13900) (4 Elm Court) 4346-010-009-13900 Frontage.. Approximately 0 m (0 ft.) Approximately 0 m (0 Approximately 29.4 m ft. , 96.3 ft. Depth: Irregular Irregular Irregular Area: Approximately 0.08 ha Approximately 15.4 ha Approximately 0.23 ha 0.2 ac. 38.2 ac. 0.58 ac- Use: Vacant Vacant Residential Based on the information submitted with the applications, the retained lands and total merged lands will comply with the prevailing zoning regulations, including minimum lot area and minimum lot frontage requirements. The applicant's Consent sketches are found in Schedule 4. Application for Consent (2021-B-44) The application for consent will sever approximately 0.2 hectares (0.5 acres) from the subject property and transfer these "severed lands" to the "receiving lands" known municipally as 6 Elm Court to form the "total merged lands" with an area of 0.39 hectares (0.96 acres). The result will be retained lands of approximately 15.3 hectares (37.9 acres). The dimensions of the severed, retained and merged lands are provided in the table below. Under this application, the subject property will transfer its existing 2- metres of frontage on Elm Court to the receiving lands and will no longer have frontage on a public road as required by the Zoning By-Law. However, if consent application 2021-B-46 is approved, the "total merged lands" formed by merging of the subject property and the "severed lands" under 2021-B-46 will have 315 metres of frontage on Line 7 South. Therefore, it is recommended that a condition of approval be applied that requires applications 2021-B-46 and 2021-A-74 to be approved and finalized to complete the transfer of the severed lands to the subject property is the current application. Development Services December 1, 2021 Report No. DS2021-181 Page 4 of 20 Page 275 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... Lands to be Severest Lands to be retained Total Merged lands from (4346-010-009-13900) (6 Elm Court) 4346-010-009-13900 Frontage: Approximately 20.0 m Approximately 0 rn (0 Approximately 47.96 m 65.6 ft_ ft_ ' 157.3 ft. Depth: Irregular Irregular Irregular Area: Approximately 0.2 ha Approximately 15.3 ha Approximately 0.39 ha 0.5 ac. 37.9 ac. 0.96 ac. use: Vacant Vacant Residential Based on the information submitted with the applications, the retained lands and total merged lands will satisfy the balance of zoning regulations, including minimum lot area and minimum lot frontage requirements. The applicant's Consent sketched are found in Schedule 4. Therefore, there will be no increase in the number of lots relative to existing conditions. No new structures are proposed in conjunction with these applications. Analysis: 1 . Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. I have reviewed the consent application within the context of the applicable policies of PPS 2020. There will be no net increase in the number of lots and there will also be no changes to existing land uses and structures on the severed, retained or merged lands as a result of the severances and land transfers. The existing agricultural/rural and environmental protection lands on the retained lands will be maintained and protected, while increasing the lot areas of the receiving lands at 4 and 6 Elm Court for use by existing single detached dwellings. Moreover, the application will result in no adverse impacts to the existing agricultural, rural and natural heritage character of the properties in question or the surrounding community. On this basis, it is my opinion that the consent application is consistent with PPS 2020. Development Services December 1, 2021 Report No. DS2021-181 Page 5 of 20 Page 276 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... 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 proposed consents generally conform to the applicable Growth Plan policies on the basis that the applications will effectively adjust the existing lot lines of the subject property and the receiving lands without resulting in any changes to the existing land uses or built form, agricultural, rural and natural heritage character of these properties and the surrounding area. These applications do not represent "development" within the meaning of the Growth Plan, as no new lots are being created through the consents, and minor variances are not required to accommodate the proposed lot areas or dimensions or any structures. 3. Simcoe County Official Plan The subject properties are designated "Rural" and "Greenlands" on Schedule 5.1 of the County of Simcoe Official Plan. The subject properties are not located in any of the following as designated in the Official Plan: Streams and Evaluated Wetlands; Areas of Natural and Scientific Interest; Wellhead Protection Areas; Surface Water Intake Protection Zones; and Highly Vulnerable Aquifer and 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 consent applications conform to the County of Simcoe Official Plan. Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • The proposed consents will maintain and protect the agricultural,rural and environmental The goals of this Plan are: protection lands on the subject property while transferring small areas of lands to each of the • To protect,conserve,and enhance the County's receiving lands at 4 and 6 Elm Court. natural and cultural heritage; • The existing dwellings will remain on the receiving • To achieve wise management and use of the lands and no new structures are proposed on the County's resources; subject property. • To implement growth management to achieve • The consents will facilitate enhanced use of the lifestyle quality and efficient and cost-effective receiving lands for single detached dwelling municipal servicing,development and land use; purposes without adversely impacting the existing • To achieve coordinated land use planning among natural heritage character of the subject property. the County's local municipalities and with Development Services December 1, 2021 Report No. DS2021-181 Page 6 of 20 Page 277 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy • The proposal will not result in growth or new development in the rural area as no new lots will 3.1 Strategy be created and no new dwellings or structures constructed as a result of the consent application The planning strategy of this Plan is based on four themes: and land transfer. • The agricultural,rural and natural heritage • Direction of a significant portion of growth and character of the subject property and the single development to settlements where it can be detached dwelling uses on the receiving lands will effectively serviced,with a particular emphasis on be maintained.. primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry, aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.3 General Development Policies • The existing dwellings and structures will remain with no new structures proposed. Lot Creation • No new lots are being created,only adjustment to the existing lot lines of the subject property and 3.3.1 In the Rural,Agricultural,and Greenlands designations, receiving lands. only one detached dwelling may be located on a lot as • The retained lands will have no road access and permitted in this Plan and subject to appropriate local frontage per existing conditions.Consent municipal official plan,zoning and municipal by-laws.In application 2021-13-46,if approved,will merge a areas outside of the Oak Ridges Moraine Conservation Plan large parcel of land with the subject property and area,local municipal official plans may make provision for provide frontage on Line 7 South. second units such as semi-detached dwelling units, • No minor variances are required to accommodate accessory apartments,structures providing accommodation the area and dimensions of either the retained or for temporary or seasonal farm help,garden suites,or other receiving lands. temporary accommodations,with the provision of adequate • The existing uses on these lands conform to the water and sewage treatment facilities.Second detached Official Plan and will continue after the consent accessory dwellings may be permitted in accordance with application is finalized. local municipal official plan policies and shall be located in the building cluster. 3.3.2 Subdivision of land by plan of subdivision or consent, or plans of condominium,are permitted only for the land uses permitted in the designation or that maintain the intent of the Plan's objectives and policies. 3.3.3 In the Rural,Agricultural and Greenlands designations consents to create separate lots for two dwellings established in accordance with Section 3.3.1 are expressly prohibited. Development Services December 1, 2021 Report No. DS2021-181 Page 7 of 20 Page 278 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... 3.3.4 Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe,the Province of Ontario,or local municipalities.Exceptions may occur in plans of condominium where the condominium development has access to a public highway.Subject to local municipal bylaws and official plans lots may be created on existing private roads or water only access. 3.3.5 Consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan,Provincial policies and legislation. 3.3.7 Development,including lot creation,is discouraged outside of but adjacent to,or in close proximity to settlement area boundaries in order to enable the efficient expansion of settlement areas.Where lands are designated Rural within one kilometre of a primary settlement area,the land use policies for prime agricultural areas shall apply.In certain circumstances,the existence of natural or human- made boundaries can be considered justification for an increase or decrease in the one kilometre distance as established in the local municipal official plan.Where a rural employment area exists in accordance with 3.7.6 or where an expansion of same is proposed in accordance with 3.7.7, the Rural policies shall apply. 3.5 Rural • The existing built form and land use character, including natural heritage and agricultural Objectives features,will not be impacted in anyway by the consent. 3.7.1 To recognize,preserve and protect the rural character • The existing single detached uses on the receiving and promote long-term diversity and viability of rural lands and agricultural,rural and environmental economic activities. protection uses on the subject property will 3.7.2 To encourage maintenance,protection,and continue following the proposed lot line restoration of significant natural heritage features and adjustments. functions and to conserve the built heritage resources and • The consents will not create a new lot or otherwise cultural heritage landscapes associated with rural and intensify residential development of the subject agricultural areas. lands or receiving lands. 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); Development Services December 1, 2021 Report No. DS2021-181 Page 8 of 20 Page 279 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. 4. Township of Oro-Medonte Official Plan The subject property is designated "Rural' on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 addresses the applicable policies. It is my opinion that the proposed consent conforms to the Township Official Plan. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The proposed consents will have no adverse impacts on natural heritage features on the A2.1 Natural Heritage subject property and the surrounding areas. • No changes are proposed in land use on the A2.1.1 Goal retained,severed or receiving lands. • No lot creation is proposed;only transfer of small It is the goal of this Plan to protect and enhance significant land areas to the receiving lands to support natural heritage features and related ecological functions in existing single detached dwellings on these the Township. properties. • There are no wetlands or Provincially Significant A2.1.2 Strategic Objectives Areas of Natural and Scientific Interest located on or adjacent to the subject property. a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection,maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character • The proposed consent applications reflect lot line adjustments on the subject and receiving lands. A2.5.1 Goal Consequently,the existing natural,agricultural and open space character of these lands will be protected and maintained. Development Services December 1, 2021 Report No. DS2021-181 Page 9 of 20 Page 280 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... It is the goal of this Plan to protect,maintain and enhance • There will be no changes to the existing land uses the natural,agricultural and open space character of the and structures on the property that may lead to rural area. incompatibility. • No minor variances have been requested to A2.5.2 Strategic Objectives accommodate the revisions to the existing lot lines a)To preserve and enhance the Oro Moraine as a unique and property configuration. and important landform feature of the Township. b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. A2.6 Growth and Settlement • The proposed consent relates to existing single detached dwelling uses and will not result in new A2.6.2 Strategic Objectives residential growth or changes to the character of the subject or receiving lands. a)To direct the majority of new residential growth to settlements. d)To encourage the more efficient use of land in settlements,where appropriate. SECTION C2—RURAL • There will be no changes to the existing uses or structures on the subject lands or receiving lands C2.1 OBJECTIVES that would result in incompatibility or adverse impacts on the rural character of these lands. •To preserve and promote the rural character of the • The existing single detached dwellings are Township and the maintenance of the open countryside. permitted uses that will remain in their current •To prevent the intrusion of land uses which are incompatible with the rural character and/or resource form. activities of the area. • No new uses or modifications to the existing uses are proposed as part of these applications. C2.2 PERMITTED USES Permitted uses on lands in the Rural designation as shown on the schedules to this Plan are agriculture,single detached dwellings,bed and breakfast establishments subject to Section C1.3.10,home occupations,home industries subject to Section C1.3.3,forestry,commercial dog kennels subject to Section C1.3.5,resource management uses,agricultural research and training establishments subject to Section C1.3.7,farm related tourism establishments subject to Section C1.3.8 and commercial uses on farm properties subject to Section C1.3.9. Institutional uses such as schools,places of worship, community centres are also permitted.Farm implement dealers,feed and fertilizer distribution facilities, greenhouses,seasonal home grown produce stands, wayside pits and quarries,portable asphalt plants,and existing waste disposal sites are also permitted.In addition, small-scale corporate meeting facilities or corporate retreats,and accessory uses such as accommodation facilities may be permitted.In both cases,the number of accessory accommodation units shall generally be limited to 25,as a result of the impact of such a use on the rural character of the area.The designation also permits existing tourist commercial uses such as private parks,trailer or Development Services December 1, 2021 Report No. DS2021-181 Page 10 of 20 Page 281 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... recreational vehicle parks,mobile home parks,rental cabin establishments and private campgrounds and accessory recreational and commercial facilities 5. Township of Oro-Medonte Zoning By-Law 97-95 The proposed consents involve the severance of two small portions of the subject property and transferring these severed lands to the receiving lands at 4 and 6 Elm Court. These residential lots will satisfy the zoning regulations of the prevailing R1 zone, including minimum lot area and frontage. The increase in lot areas on the receiving lands will not change the character of these properties relative to the surrounding community since the severed lands will be merged on the north side of these residential lots, adjacent to the abutting A/RU zone as opposed to adjacent to the surrounding single detached dwellings. The retained lands will continue to exceed the prevailing zoning regulations, including minimum lot area. Under consent application 2021-B-44, the retained lands will have no public road frontage or access. However, consent application 2021-B-46 seeks to merge the retained lands with 910 Line 7 South, which would consolidate the lands designated A/RU and EP and also provide 315 metres of frontage on Line 7 South. The application is consistent with the County and Township Official Plan policies that relate to the concept of compatible rural land use that preserves and protects existing natural heritage and rural features and uses. The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Agricultural/Rural (A/RU)", which is consistent with the existing character of the property. The receiving lands are designated R1, which permits the existing single detached dwellings. The proposed land transfers will increase the lot areas of 4 and 6 Elm Court to meet the minimum lot area for the R1 designation while keeping these properties in use for single detached dwellings. It is my opinion that the consent applications comply with the Zoning By-Law and support appropriate land use on the retained and receiving lands. However, it is recommended that a condition of approval be applied that requires Applications 2021-B- 46 and 2021-A-74 to be approved and finalized to complete the transfer of the severed lands to the subject property is the current application. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is my opinion that the requested consent is Development Services December 1, 2021 Report No. DS2021-181 Page 11 of 20 Page 282 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... consistent with the PPS 2020, the Growth Plan and the applicable matters of provincial interest. Section 51(24) of the Planning Act sets out criteria for evaluating proposals for subdivision, including consent. I have reviewed these criteria and it is my opinion that the proposed consents satisfy these criteria, including the following: a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing; (e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; (f) the dimensions and shapes of the proposed lots; (g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; (h) conservation of natural resources and flood control; (i) the adequacy of utilities and municipal services; 0) the adequacy of school sites; (k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; (1) the extent to which the plan's design optimizes the available supply, means of supplying, efficient use and conservation of energy; and (m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001 , c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2). It is also my opinion that the proposed consents conform to the applicable policies of the Simcoe County and Township of Oro-Medonte Official Plans. 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 December 1, 2021 Report No. DS2021-181 Page 12 of 20 Page 283 of 399 6.i) 7.10 p.m. DS2021-181 , 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 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The following Goal of the Plan are relevant to these applications: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. I am of the opinion that these applications are consistent with the Corporate 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 these applications. • Township Building Division — No comments. • Township Development Engineering — No objection to the application. • Severn Sound Environmental Association - No concerns raised. Neither Section 57 (Prohibition) nor Section 58 (Risk Management Plan) of the Clean Water Act, 2006 apply to this application, and as such, no additional notices, letters, or requirements from the Township of Oro-Medonte Risk Management Official are required as the application is currently presented. Any future applications on these lands may require additional notices, letters, or requirements from the Township of Oro- Medonte Risk Management Official. • LSRCA: Consent and Minor Variance applications - The proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. Approval of these applications is recommended. Development Services December 1, 2021 Report No. DS2021-181 Page 13 of 20 Page 284 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Site Photos Schedule 4: Site Plan Conclusion: I recommend that Consent 2021-B-43 and Consent 2021-B-44 be approved, subject to the conditions outlined in this report, on the basis that the applications are consistent with and conform to Provincial and County policies, conform to the Township of Oro- Medonte Official Plan, meet the requirements of the Planning Act and represent good planning. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services November 25, 2021 Andria Leigh Deputy CAO & Director Development Services November 25, 2021 Development Services December 1, 2021 Report No. DS2021-181 Page 14 of 20 Page 285 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... Schedule 1: Location Map `r OeN PL y N i , WE Development Services December 1, 2021 Report No. DS2021-181 Page 15 of 20 Page 286 of 399 6J) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo E� aR :::F>�i EE• , 1 II1i'''' •f ,r, .� j 1 r - R1 ,�• R1 R. R1 R1 R1 R1 R' R1 A'RU y R1R1 ./" F�1 R1 R1 �. R1 1Z1 Rt ' A-RU R1 R1 R1 R1 R1 R1 R1 R1 Development Services December 1, 2021 Report No. DS2021-181 Page 16 of 20 Page 287 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos pp 1 Al Lands to be Severed(2021-B-43) Receiving Lands(2021-B-43) Y t+ Lands to be Severed(2021-B-44) Receiving Lands(2021-B-44) aJ L. Retained Lands Lands to be Severed(View from Elm Court looking North) Development Services December 1, 2021 Report No. DS2021-181 Page 17 of 20 Page 288 of 399 6.i) 7.10 p.m. DS2O21-181 , Michael Barton, Township Planning Consultant ... Schedule 4: Consent Sketches licant's Consent Sketch 1 910 LINE 7 SOUTH (LOT 1) (Roll#434601000913900) (LOT 2) Lands to be severed and merged with 4 � Elm Court 4 ELM CT. (LOT 3) Lands to be severed �► • and merged with 6 Elm Court - s 6 ELM CT.- -' (LOT 4) Development Services December 1, 2021 Report No. DS2021-181 Page 18 of 20 Page 289 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... 2021-B-43 (4 Elm Court) A6� Area: 799.5m` Area: 10 (0.1ha) 1,537.7m2 (0.1ha) 7 SC Development Services December 1, 2021 Report No. DS2021-181 Page 19 of 20 Page 290 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... 2021-B-44 rah Elm Court) �#*** !400e f Area: ,� 1 2,158.5m (0.2ha) q r` 'Q Area: 1,723 4m2(0.1ha) r Development Services December 1, 2021 Report No. DS2021-181 Page 20 of 20 Page 291 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... From: Metras, Justin Sent: November 15, 2021 1:53 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-43 &44) Delong Abbey Operations has no comments on this application. Regards Justin Page 292 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... From: McCartney, Garry Sent: November 16, 2021 8:42 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 December 01, 2021 (2021-B-43 &44) Delong Building Division has no comments at this time. Page 293 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... From: Saunders, David Sent: November 16, 2021 11:14 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-B-43 &44) Delong Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 294 of 399 6. 1:4 IIR1L!44WftW :e7 B _ •jll �- �n, Towns_ nning Consultant ... OURCE PROTECTIO - Township If 1 04 ACT FOR CLEAN WATER °"natalR e> dxa Exrlriny rririirr Saulh Georgian Bay Lake Simcoe S-1-111W-11on Region ol • ` November 16, 2021 Abbey Dedora, Development Services Assistant The Corporation of the Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Ms. Dedora, RE: Consent Application 2021-113-43 & 2021-113-44 Concession 7 Part Lot 26 Reference Plan 51 R6384 Part 5 (Oro) Township of Oro-Medonte, County of Simcoe Risk management staff of the Severn Sound Environmental Association (SSEA) have reviewed the following file pertaining to Consent Application 2021-B-43 & 2021-B-44: • Consent Application Notice of Public Hearing, dated November 15, 2021 by the Township of Oro-Medonte (file name: Notice of Public Hearing (2021-8-43 44)Delong.pdf) The following comments relevant to drinking water source protection are offered and are applicable to the application as it is presented in the above mentioned files. The below comments may become null and void if changes to the application are made. It is the SSEAs understanding that the Consent Applications 2021-B-43 and 2021-B-44 are to sever and merge lands for the purposes of boundary adjustments as noted in the above mentioned notice. Portions of the lands to be severed (ARN: 4346-010-009-13900) are partially located within the Wellhead Protection Areas - B and C, with vulnerability scores of 6 and 4 respectively, of the Harbouwood municipal drinking water system. The lands to be merged, 4 and 6 Elm Court, are fully located with the Wellhead Protection Area — B of the Harbouwood municipal drinking water system, with vulnerability scores of 6. The severance of lands would not qualify as one of the 22 prescribed drinking water threats listed in O.Reg 287/07 under the Clean Water Act, 2006. Therefore, policies in the Approved South Georgian Bay Lake Simcoe Source Protection Plan (approved: January 26, 2015-1 amended: June 16, 2021 ; effective: July 1, 2015) would not apply to this application. 489 Finlayson St ♦ PO Box 460 ♦ Port McNicoll ON LOK 1RO ♦ Tel: 705-534-7283 ♦ Fax: 705-534-7459 www.severnsound.ca Page 295 of 399 yin 1�t 6J DN 1R-R1- 44§4 I�B r-tpn, Towns_ ftining Consultant ... ©URCE PRt]TECTI©�V - - Townshipo`4 2 04 ACT FOR CLEAN WATER "O "'Z' ^ t>ioidx•i-'an�•,E..,rrngFat-, Smith Georgian eay Lake Si—Source ProtecU.on Regl m X Furthermore, neither Section 57 (Prohibition) nor Section 58 (Risk Management Plan) of the Clean Water Act, 2006 apply to this application, and as such, no additional notices, letters, or requirements from the Township of Oro-Medonte Risk Management Official are required as the application is currently presented. Any future applications on these lands may require additional notices, letters, or requirements from the Township of Oro-Medonte Risk Management Official. If you have any questions, please contact the undersigned. Yours truly, Melissa Carruthers, Risk Management Official / Inspector for the Township of Oro-Medonte Severn Sound Environmental Association mcarruthers(a)severnsound.ca CC: Township of Oro-Medonte Planning Department (planning@oro-medonte.ca) Julie Cayley, Executive Director, Severn Sound Environmental Association 489 Finlayson St ♦ PO Box 460 ♦ Port McNicoll ON LOK 1RO ♦ Tel: 705-534-7283 ♦ Fax: 705-534-7459 www.severnsound.ca Page 296 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail: plan ning@oro-medonte.ca November 23rd, 2021 Oro-Medonte File No: 2021-13-43 & 2021-13-44 LSRCA File No.: CO-310490-102021 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Dear Mr. Karaiskakis: Re: Application for Consent Owner/Applicant: Kyla Delong Concession 7 Part Lot 26 Reference Plan 51R6384 Part 5 (Oro) Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed from Lands to be Retained (4346- Total Merged lands 4346-010-009-13900: 010-009-13900) : (4 Elm Court) Frontage: Approximately 0 m (0 ft.) Approximately 0 m (0 ft.)* Approximately 29.4 m (96.3 ft.) Depth: Irregular Irregular Irregular Area: Approximately 0.08 ha (0.2 Approximately 15.4 ha (38.2 ac.) ac.) Use: I Vacant I Vacant I Residential *Should the applicants obtain approval of boundary adjustment application 2021-B-46,this enhanced parcel will have approximately 315.0 m (1,033.5 ft.) of frontage on Line 7 South. No new lots are proposed as a result of the lot addition. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing—Agency Circulation Package, dated Nov. 15t", 2021 • 'Applicant's Consent Sketch' in the Agency Circulation Package 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 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3w3 F 905.853.5881 Member of Conservation Ontario Page 297 o-fF399.800.465.0437 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Plans ao Vat�'�` mit Page 2of4 provided comments per our MOU with the County of Simcoe and 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 in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application for lot boundary adjustment. Site Characteristics The subject property is partly regulated under Ontario Regulation 179/06, as per the Conservation Authorities Act.This is due to the watercourse (Shelswells Creek)and its associated meander belt area and floodplain hazard area. As well as the regulated wetland feature, located toward the northeast corner of the property. The subject property appears designated as 'Greenlands' and 'Rural by the County of Simcoe Official Plan, and designated as 'Environmental Protection Two' by the Township of Oro-Medonte Official Plan. The property is zoned as Agricultural/Rural, or'A/RU', and Environmental Protection, or'EP' by the Township Zoning By-law 97- 95. Features Lake Simcoe Region conservation authority ❑ LSRCA Watershed Boundary 0 LSPP Watershed Boundary -- Regulation Boundary Regulation A— Assessment Parcel 1 Lot and Concession Road Labels 91e LINE 7 9 — Walermursa Reads mrY eoo smc, *fir.A,x.ee Railway -� Q Lwrer Tier Municipality X WAR X WA � X➢YAIR➢� 32'vnuaR - N. 34 Y. flR t E R • � R EdR E • Rrir.ed on: 168,LA mow 25•HLIWR Ro GR 11=021 A.2y - 29 HCVVVR DR StiEGR aE.S __ -��' 39 XOWRRO GR @GE GRGE S'. A ovnt n '—T HS1YMi R➢'R 92 GEG RG ST _ i�pmi Sao mh'me ux wsgo- .h 1➢y{RB ➢ft -..E RGE ST "'L'°"Yow�^e^�^ ow�aoira�v ELH CRT �9 GE[I -QUI 76 E[]R EST cu.w �� L .�/; ST HO\IR ftO nR [s�'.'91 GE RGE 5 RES°'s E CRT T pg HO'MlR 1 aEGRGE T a� .xiao 10 ELR IiT V_ 13 EGRGES irawvu6syvMmanm rein w�.v vm H RE5T El(IH itES U EPRGE 15 EORG ST � uied u ���'vOoy am N ftE [d H0'Nlk H R aR H RES '9 EO RG T aw�x - Scale 1: 3,24E lfAeters 165 G U 155 Page 298 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planl ao Vat�'�` mit Page 3of4 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). Consistency with Section 3.1 of the PPS is demonstrated. 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. An LSRCA permit is not required as part of this consent(severance)application.Any future development or site alteration within the regulated area will require LSRCA permit. 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. Natural Heritage Those lands to be severed and merged with 4 Elm Court and 6 Elm Court are both within the mapped floodplain hazard area, as well as the minimum vegetation protection zone (mvpz) of the regulated wetland feature. Any future development or site alteration of these lands may require further study to address development impacts, as well certain residential additions, or accessory structures may not be supported within the floodplain hazard area. Any development or site alteration across these lands will require an LSRCA permit, as they are entirely within the regulated area. Summary Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application. 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. A permit, as per Ontario Regulation 179/06 of the Conservation Authorities Act is not required as part of this severance application. Any future development or site alteration within the regulated area will require permit. 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, Page 299 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Plans ao Vat�'�` mit Page 4of4 Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 300 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... S y IGO b4 _ _O G . �m N O N C� CM '�T I,,- m o U O � � U 4-0 4-0 LO Q a _0CIO . . N a 0 4-0 C a •V i LO N O C� Page 301 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... AA o CU Cn _ 4-0 O 7 0 � t M �. 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( /v ■�wl� ao aOOc �C° Nco Q ° Q° _C C > m Q ° a) � �c E allo a) o 0 � L O �C crn�rvn N 04 V A O N O O (O "acN N 0 -0 "O ` NNIT C O O O O to N . co CO to U U N Q O V N (n N U a -0 N U N w N N O MO O - O C (n C _ (6 N O (� O C U Eo °' = Oa O E O m U p U Q 0 O N C N >+ - U L (6 O 00 U O > -C Q o0.0 Q- N O z > o � c N > � w c co UU NE (n 0 N N N a N Q N 0 0 c N N Q E M O E E N U t c) O N Nt NLt 2 tLL � (0M m m 0—. m � Q �° 0 CO � � a� � F-- (j) -�:; uO N N M Page 311 of 399 6.i) 7.10 p.m. DS2021-181 , Michael Barton, Township Planning Consultant ... w f 0 3 � o � � m o U - � QC �U LvNnE �a) O a) (UO — � Or- o) , a) � � F- (U O m n3 � A � U m � W o U1 nE r � oi0 L 0a) y 0 0 m a) n3 m A� o " o � ter- ° 2 - O _0VJ ° n3 Lz 0 - Ta) a) " ° 1L (B C o LO O U Q E > L — (U 0 -0 o o a+ a oH � ccc�iai E E � � `° cOi V O — a) o O O O O +O U U) f Tm E ° o m Wi►/\ mQ > pUC�w> O O °a�i V U > i > CV Q te 2 � L Q � dr � � � �O +-' 0) L+ OQ m � U 0 O C EO C 'a r U (B U) � (n 0 = L C (B (B 0OD (B Y N N C > � O ' - M U O U a) U N N O tt ° C _0 'a R Q — p uJ > 0 m 0 m a) m 00 3 a? r O L 0 ca Q `) U " c+) ° o d C O CIO ° r UE� -0 0 (L) m c > chc U (UW0 c _ cvE -6 .° c a cn cU 0 0 o aN � m > Wo SW -QE O ao O (D CO r -Ecn a� 0 � � � � W � � U V(� o -Lt`� 3 caEcn0 E 0 O0 (n c) U — cB� o 0 � ESL 0 � E a � c) ° wU) R aN a) i O E ()O 0 U) a) R 0 )(1 � � � �CV Z � � �° � n n Q �3 o Q -N ° -0 oai 0 o0 — rN -^` oo N N UO ■/W��� EQaC) LOU N r0T Q T CCmac) QUcty4 UncU3)O a) O (O � U 0 -0 C — � U � 00r > 0 0 o� ( (L) m Eb m Uo In NU x O O � -0> ° �0 > N Cl)� C � C i ° c (U 0 0 ° M U Q O W 0_ U .L � r . a) (n O U —° L M N j0) N 0 U oCn N c 0- QE 0 BEN o ca � � � QCcaUcacaocacacac� WC OU L U (B a) L a) L L " " E2 QV H N (B H (B -0 0 -0 () 42, 0) Q =' L6 O Page 312 of 399 6.j) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2021-182 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # December 1, 2021 Consent Application 2021-B-46 Roll #: Minor Variance Application R.M.S. File #: 4346-010-009-11200 2021-A-74 D10 60125 Kyla & Daniel Delong D13 60108 910 Line 7 South Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-182 be received and adopted. 2. That the Development Services Committee grant Provisional Consent to Application 2021-13-46 to convey a parcel having a lot frontage 315.0 metres, depth of 495.0 metres and an area of approximately 18.3 hectares to be merged with the receiving lands known legally as Concession 7 Part Lot 26 Reference Plan 51 R6384 Part 5 (Oro) (municipal tax roll number 4346-010-009-13900) to form the "total merged lands" with an area of 33.4 hectares (82.5 acres), subject to the conditions as outlined in Report DS2021-182. 3. The conditions for application 2021-13-46 areas follows: a. That the severed lands be consolidated with the abutting property at Concession 7 Part Lot 26 Reference Plan 51 R6384 Part 5 (Oro) (municipal tax roll number 4346-010-009-13900) and that the provisions of Section 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the Concession 7 Part Lot 26 Reference Plan 51 R6384 Part 5 (Oro), the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. A solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identifier Number. b. That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and Development Services December 1, 2021 Report No. DS2021-182 Page 1 of 18 Page 313 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... encumbrances, a 3.0 metre road widening along the entire frontage of the retained lands order to establish Line 7 South as a collector road with at 23.Om right of way. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the 3.0 metre widening with Line 7 South as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. c. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; d. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; e. That all municipal taxes be paid to the Township of Oro-Medonte; f. That the Certificate of Consent be issued utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the parcels; and, g. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2021-A-74, specifically to permit a Minimum Interior Side Yard Setback of 2.8 metres (9.2 feet) for a dwelling on the "retained lands" and a Minimum Interior Side Yard Setback of 3.0 metres (9.8 feet) for an agricultural building on the "total merged lands" be approved subject to the conditions as outlined in Report DS2021-182. 5. The conditions for application 2021-A-74 areas follows: a) That notwithstanding Table 134-13 in Section 4.1 and Table 134-C in Section 4.1, the development shall otherwise comply with all other applicable provisions of the Zoning By-law. 6. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services December 1, 2021 Report No. DS2021-182 Page 2 of 18 Page 314 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The consent and minor variance applications relate to 910 Line 7 South, as illustrated on Schedule 1 . An aerial view of this property and its limits is provided on Schedule 2. This property has approximately 360 metres of frontage on Line 7 South and a total area of 18.7 hectares (46.3 acres). The property is currently occupied by a single detached dwelling, detached accessory building and outdoor storage on the southeast corner, with the balance of the property being open land designated for agricultural/rural and environmental protection 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 and Greenlands • Township of Oro-Medonte Official Plan: Rural • Zoning By-Law: Agricultural/Rural (A/RU) and Environmental Protection (EP) 3. Proposal Application for Consent (2021-B-46) The application for consent will sever approximately 18.3 hectares (45.3 acres) from 910 Line 7 South and transfer these "severed lands" to the "receiving lands" known legally as Concession 7 Part Lot 26 Reference Plan 51 R6384 Part 5 (Oro) (municipal tax roll number 4346-010-009-13900) to form the "total merged lands" with an area of 33.4 hectares (82.5 acres). The result will be retained lands of approximately 0.4 hectares (1 acre). The dimensions of the severed, retained and merged lands are provided in the table below. The effect will be to merge lands on the subject property that are agricultural/rural and environmental protection in nature with the agricultural/rural "receiving lands" while leaving the existing single detached dwelling and accessory structure on the "retained lands". Development Services December 1, 2021 Report No. DS2021-182 Page 3 of 18 Page 315 of 399 6.j) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... The details of the Consent application are provided below: Lands to be Severed Lands to be retained Total Merged lands from (910 Line 7 South) (4346-010-009-13900) 910 Line 7 South Frontage: Approximately 315.0 m Approximately 45.0 m Approximately 315.0 m 1,033.5 ft. 147.6 ft. 1,033.5 ft. I Depth: Approximately 495.0 m Approximately 105.4 m Approximately 945.0 m 1,624.0 ft. 345.8 ft. 3,100.4 ft. Area: Approximately 18.3 ha Approximately 0.4 ha Approximately 33.4 ha 45.3 ac. 1.0 ac. 82.5 ac. Use: Agricultural building Residential A ricultural building Application for Minor Variance (2021-A-74) The proposed consent will result in areas of non-compliance with the prevailing zoning regulations on the "total merged" and "retained" lands. The following minor variances have therefore been requested: • Retained Lands: To permit Minimum Interior Side Yard Setback of 2.8 metres (9.2 feet) while 4.5 metres (14.8 feet) is required for single detached dwellings (Table B4-B); • Total Merged Lands: To permit Minimum Interior Side Yard Setback of 3.0 metres (9.8 feet) while 15.0 metres (49.2 feet) is required for agricultural buildings (Table 134-C). Based on the information submitted with the applications, the retained lands and total merged lands will satisfy the balance of zoning regulations, including minimum lot area and minimum lot frontage requirements. The proposed severance reference plan is included as Schedule 4. 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. Development Services December 1, 2021 Report No. DS2021-182 Page 4 of 18 Page 316 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... I have reviewed the Consent application within the context of the applicable policies of the PPS 2020. There will be no net increase in the number of lots and there will also be no changes to existing land uses and structures on the severed, retained or merged lands as a result of the severance and land transfer. The existing agricultural/rural and environmental protection lands on the severed lands and receiving property will be consolidated, separating the existing single detached dwellings and accessory uses onto the retained lands. The total merged lands and retained lands will satisfy minimum requirements for lot area and lot frontage and require minor variances to reflect the locations of the existing single detached dwelling and farm building relative to the proposed new property line. Moreover, the application will result in no adverse impacts to the existing agricultural, rural and natural heritage character of the properties in question or the surrounding community. On this basis, it is my opinion that the consent application is consistent with PPS 2020. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. It is my opinion that the development proposal generally conforms to the applicable Growth Plan policies on the basis that the consent application will only adjust the existing lot lines of the subject lands and receiving lands without resulting in any changes to the existing land uses or built form, agricultural, rural and natural heritage character of these properties and the surrounding area. No new lots are being created through the severance and lot line adjustment, and minor variances are not required to accommodate the proposed lot areas or dimensions. 3. Simcoe County Official Plan The subject properties are designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. The subject properties are not located in any of the following as designated in the Official Plan: Streams and Evaluated Wetlands; Areas of Natural and Scientific Interest; Wellhead Protection Areas; Surface Water Intake Protection Zones; and Highly Vulnerable Aquifer and 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 consent application conforms to the County of Simcoe Official Plan and the requested minor variances maintain the general purpose and intent of the Plan. Development Services December 1, 2021 Report No. DS2021-182 Page 5 of 18 Page 317 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • The proposed consent will separate the agricultural/rural lands on 910 Line 7 North from The goals of this Plan are: the existing single detached dwelling and accessory uses and merge these lands with the • To protect,conserve,and enhance the County's receiving lands,which will help to protect, natural and cultural heritage; conserve and enhance the natural heritage • To achieve wise management and use of the features on these lands. County's resources; • The requested minor variances allow the existing • To implement growth management to achieve structures to remain on the severed and retained lifestyle quality and efficient and cost-effective lands while ensuring the minimum lot area for the municipal servicing,development and land use; single detached dwelling and accessory uses is • To achieve coordinated land use planning among maintained. the County's local municipalities and with • The requested minor variances reflect existing neighbouring counties,districts,regions,and structures to be retained on the severed and separated cities,and First Nations lands; retained lands are part of the built form character • To further community economic development of these lands.The minor variances are not which promotes economic sustainability in Simcoe required to facilitate new construction. County communities,providing employment and • The consent and minor variances will facilitate use business opportunities;and of the retained lands as a single detached dwelling • To promote,protect and enhance public health and the severed lands for agricultural and rural and safety. uses in conjunction with the receiving lands. Part 3-Growth Management Strategy • The proposal will not result in growth or new development in the rural area as no new lots will 3.1 Strategy be created and no new dwellings or structures constructed as a result of the consent application The planning strategy of this Plan is based on four themes: and land transfer. • The agricultural,rural and natural heritage • Direction of a significant portion of growth and character of 910 Line 7 North is being protected development to settlements where it can be and enhanced by severing this portion of the effectively serviced,with a particular emphasis on property and merging it with the receiving lands, primary settlement areas. effectively separating these lands from the single • Enabling and managing resource-based detached dwelling use on the property. development including agriculture,forestry, aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.3 General Development Policies • The existing dwellings and structures will remain with no new structures proposed. Lot Creation • No new lots are being created,only adjustment to the existing lot lines of the subject property and 3.3.1 In the Rural,Agricultural,and Greenlands designations, receiving lands. only one detached dwelling may be located on a lot as • The retained and merged lands will continue to permitted in this Plan and subject to appropriate local have direct road access and frontage. municipal official plan,zoning and municipal by-laws.In • No minor variances are required to reflect the area areas outside of the Oak Ridges Moraine Conservation Plan and dimensions of either the retained or severed area,local municipal official plans may make provision for lands.The requested minor variances reflect the second units such as semi-detached dwelling units, location of the existing structures relative to the accessory apartments,structures providing accommodation proposed property line. Development Services December 1, 2021 Report No. DS2021-182 Page 6 of 18 Page 318 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... for temporary or seasonal farm help,garden suites,or other • The existing uses on these lands conform to the temporary accommodations,with the provision of adequate Official Plan and will continue after the consent water and sewage treatment facilities.Second detached application is finalized. accessory dwellings may be permitted in accordance with local municipal official plan policies and shall be located in the building cluster. 3.3.2 Subdivision of land by plan of subdivision or consent, or plans of condominium,are permitted only for the land uses permitted in the designation or that maintain the intent of the Plan's objectives and policies. 3.3.3 In the Rural,Agricultural and Greenlands designations consents to create separate lots for two dwellings established in accordance with Section 3.3.1 are expressly prohibited. 3.3.4 Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe,the Province of Ontario,or local municipalities.Exceptions may occur in plans of condominium where the condominium development has access to a public highway.Subject to local municipal bylaws and official plans lots may be created on existing private roads or water only access. 3.3.5 Consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan,Provincial policies and legislation. 3.3.7 Development,including lot creation,is discouraged outside of but adjacent to,or in close proximity to settlement area boundaries in order to enable the efficient expansion of settlement areas.Where lands are designated Rural within one kilometre of a primary settlement area,the land use policies for prime agricultural areas shall apply.In certain circumstances,the existence of natural or human- made boundaries can be considered justification for an increase or decrease in the one kilometre distance as established in the local municipal official plan.Where a rural employment area exists in accordance with 3.7.6 or where an expansion of same is proposed in accordance with 3.7.7, the Rural policies shall apply. 3.5 Rural • The existing built form and land use character, including natural heritage and agricultural Objectives features,will not be impacted in anyway by the consent. 3.7.1 To recognize,preserve and protect the rural character • The existing single detached dwelling and open and promote long-term diversity and viability of rural spaces uses on these lands will continue following economic activities. the proposed lot line adjustment. 3.7.2 To encourage maintenance,protection,and restoration of significant natural heritage features and Development Services December 1, 2021 Report No. DS2021-182 Page 7 of 18 Page 319 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... functions and to conserve the built heritage resources and • The consent will not create a new lot or otherwise cultural heritage landscapes associated with rural and intensify residential development of the subject agricultural areas. lands or receiving lands. 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 "Rural' on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 addresses the applicable policies. It is my opinion that the proposed consent conforms to the Township Official Plan and the requested minor variances will maintain the general purpose and intent of the Official Plan. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The proposed consent will have no adverse impacts on natural heritage features on the A2.1 Natural Heritage subject property and the surrounding areas. • The agricultural,rural and natural environment A2.1.1 Goal features of the subject property and receiving lands will be consolidated to facilitate their It is the goal of this Plan to protect and enhance significant protection and conservation. natural heritage features and related ecological functions in • No lot creation is proposed;only establishment of the Township. a lot with the existing single detached dwelling and accessory uses separate of the agricultural/rural A2.1.2 Strategic Objectives and natural environmental portions of the subject property and receiving lands. a)To protect from incompatible development significant • No new services or infrastructure are proposed to natural heritage features and their associated ecological and support the accessory structure. hydrological functions. • There are no wetlands or Provincially Significant c)To ensure that an understanding of the natural Areas of Natural and Scientific Interest located on environment,including the values,opportunities,limits and or adjacent to the subject property. constraints that it provides,guides land use decision-making in the Township. Development Services December 1, 2021 Report No. DS2021-182 Page 8 of 18 Page 320 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... e)To require that the land use planning process contributes to the protection,maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character • The proposed consent application reflects a lot line adjustment on the subject and receiving lands. A2.5.1 Goal Consequently,the existing natural,agricultural and open space character of these lands will be It is the goal of this Plan to protect,maintain and enhance protected and maintained. the natural,agricultural and open space character of the . There will be no changes to the existing land uses rural area. and structures on the property that may lead to A2.5.2 Strategic Objectives incompatibility. • The minor variances have been requested to allow a)To preserve and enhance the Oro Moraine as a unique maintenance of the existing single detached and important landform feature of the Township. dwelling and farm buildings on the severed and b)To minimize the negative impact of proposed retained lands in conjunction with the new development on the open and natural character of the property line. existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. A2.6 Growth and Settlement • The proposed consent relates to existing single detached dwelling uses and will not result in new A2.6.2 Strategic Objectives residential growth or changes to the character of the subject or receiving lands. a)To direct the majority of new residential growth to settlements. d)To encourage the more efficient use of land in settlements,where appropriate. SECTION C2—RURAL • There will be no changes to the existing uses or structures on the subject lands or receiving lands C2.1 OBJECTIVES that would result in incompatibility or adverse impacts on the rural character of these lands. •To preserve and promote the rural character of the • The existing single detached dwelling and Township and the maintenance of the open countryside. •To prevent the intrusion of land uses which are accessory buildings are permitted uses that will incompatible with the rural character and/or resource remain in their current form. activities of the area. • No new uses or modifications to the existing uses are proposed as part of this application. C2.2 PERMITTED USES Permitted uses on lands in the Rural designation as shown on the schedules to this Plan are agriculture,single detached dwellings,bed and breakfast establishments subject to Section C1.3.10,home occupations,home industries subject to Section C1.3.3,forestry,commercial dog kennels subject to Section C1.3.5,resource management uses,agricultural research and training establishments subject to Section Development Services December 1, 2021 Report No. DS2021-182 Page 9 of 18 Page 321 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... C1.3.7,farm related tourism establishments subject to Section C1.3.8 and commercial uses on farm properties subject to Section C1.3.9. Institutional uses such as schools,places of worship, community centres are also permitted.Farm implement dealers,feed and fertilizer distribution facilities, greenhouses,seasonal home grown produce stands, wayside pits and quarries,portable asphalt plants,and existing waste disposal sites are also permitted.In addition, small-scale corporate meeting facilities or corporate retreats,and accessory uses such as accommodation facilities may be permitted.In both cases,the number of accessory accommodation units shall generally be limited to 25,as a result of the impact of such a use on the rural character of the area.The designation also permits existing tourist commercial uses such as private parks,trailer or recreational vehicle parks,mobile home parks,rental cabin establishments and private campgrounds and accessory recreational and commercial facilities 5. Township of Oro-Medonte Zoning By-Law 97-95 The proposal to sever the subject lands and transfer the severed lands to the receiving lands separates the existing single detached dwelling and accessory uses from the balance of the subject lands and consolidates the natural and rural characteristics of the subject property and receiving lands. The application is consistent with the County and Township Official Plan policies that relate to the concept of compatible rural land use that preserves and protects existing natural heritage and rural features and uses. The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is mostly zoned "Agricultural/Rural (A/RU)", which permits the existing single detached dwelling and accessory buildings/structures. The dimensions of the retained lands and total merged lands will comply with the applicable zoning regulations and minor variances are required only to allow for retention of the existing single detached dwelling and farm buildings relative to the proposed property line. Portions of the subject lands are zoned Environmental Protection (EP) and these applications does not affect the EP Zone or the features within it. It is my opinion that the consent application conforms to the Zoning By-Law and the requested minor variances maintain the general purpose and intent of the Zoning By- Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are Development Services December 1, 2021 Report No. DS2021-182 Page 10 of 18 Page 322 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... in effect on the date of the decision. It is my opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. Consent Application 2021-13-46 Section 51(24) of the Planning Act sets out criteria for evaluating proposals for subdivision, including consent. I have reviewed these criteria and it is my opinion that the proposed consent satisfies these criteria, including the following: a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing; (e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; (f) the dimensions and shapes of the proposed lots; (g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; (h) conservation of natural resources and flood control; (i) the adequacy of utilities and municipal services; 0) the adequacy of school sites; (k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; (I) the extent to which the plan's design optimizes the available supply, means of supplying, efficient use and conservation of energy; and (m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2). It is also my opinion that the proposed consent conforms to the applicable policies of the Simcoe County and the Township of Oro-Medonte Official Plans. Minor Variance Application 2021-A-74 • Retained Lands: To permit a Minimum Interior Side Yard Setback of 2.8 metres (9.2 feet) while 4.5 metres (14.8 feet) is required for single detached dwellings (Table 134-13); Development Services December 1, 2021 Report No. DS2021-182 Page 11 of 18 Page 323 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... • Total Merged Lands: To permit Minimum Interior Side Yard Setback of 3.0 metres (9.8 feet) while 15.0 metres (49.2 feet) is required for agricultural buildings (Table 134-C). 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 allow separation of the existing single detached dwelling and accessory uses at 910 Line 7 South (onto the retained lands) from the agricultural, rural and natural environmental areas that will be severed and merged with the abutting lands. No net increase in lots will result from this application. The requested minor variances are required to reflect the location of the existing dwelling and agricultural building relative to the proposed property line, and the existing location of the dwelling relative to the south property line. There are no changes proposed to these existing structures. As a result, there will no impacts on natural heritage features on the subject property and the existing character of the retained, severed and total merged lands will be maintained. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The requested minor variances reflect the existing dwelling and agricultural building locations relative to the existing south property line and the proposed new property line. The existing built form character on the retained and severed lands will be maintained. On this basis, the requested minor variances will implement the general purpose and intent of the Official Plan. Are the variances desirable for the appropriate development of the lot? Yes. The minor variances will facilitate consolidation of the agricultural, rural and environmental protection uses on the severed lands with the receiving lands, allowing for protection of these "total merged lands". The single detached dwelling and accessory uses will be separated onto the retained lands, which will have lot frontage and area that comply to the prevailing zoning regulations. The requested minor variances reflect the existing dwelling and building locations relative to the south property line on the retained lands and the proposed new property line. Are the variances minor? Yes. The requested minor variances reflect the existing locations of the single detached dwelling and agricultural building. There will be no change in the context of the dwelling Development Services December 1, 2021 Report No. DS2021-182 Page 12 of 18 Page 324 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... with the south property line and the dwelling on the property abutting to the south. Similarly, the existing relationship between the agricultural building and dwelling will be maintained with the only change being the location of the new property line running between these structures. As a result, the requested minor variances will have no adverse impact on the built form and land use character of the severed, retained and receiving lands. 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 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The following Goal of the Plan are relevant to these applications: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. I am of the opinion that these applications are consistent with the Corporate 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 — Operations will require a 3.Om road widening along the retained portion only. Line 7 South has been identified as a collector road requiring at 23.Om right of way under the Road Network Plan (Consent application 2021-B- 46). No comments on minor variance application 2021-A-74. • Township Building Division — No comments. Development Services December 1, 2021 Report No. DS2021-182 Page 13 of 18 Page 325 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... • Township Development Engineering — No objection to the application. • Severn Sound Environmental Association - No concerns raised. • LSRCA: The proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. Approval of these applications is recommended. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Site Photos Schedule 4: Site Plan Conclusion: I recommend that Consent 2021-B-46 and Minor Variance 2021-A-74 be approved, subject to the conditions outlined in this report, on the basis that the applications are consistent with and conform to Provincial and County policies, conform to the Township of Oro-Medonte Official Plan, meet the requirements of the Planning Act and represent good planning. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services November 25 2021 Andria Leigh, Deputy CAO/Director Development Services November 25, 2021 Development Services December 1, 2021 Report No. DS2021-182 Page 14 of 18 Page 326 of 399 6.j) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map 01 OOK OW E W+ Development Services December 1, 2021 Report No. DS2021-182 Page 15 of 18 Page 327 of 399 6.j) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo it • `a I E l ARU 'r A;RU I f w SR EP SR SR ARU SR EP 5R Ri Rt R1 Rt SR Development Services December 1, 2021 Report No. DS2021-182 Page 16 of 18 Page 328 of 399 6.j) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos �z ;tl t v:°"tom y Lands to be Severed Lands to be Retained H 'f Syr Single Detached Dwelling on Retained Lands(to remain) Existing Dwelling on Relative to South Property Line Existing South Interior Side Yard to Dwelling Schedule 4: Site Plan Development Services December 1, 2021 Report No. DS2021-182 Page 17 of 18 Page 329 of 399 6.j) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... Nv Lands to be severed and merged with , p� K� 4346-010-009-13900 Retained lands 910 UNE T SOUTH 4w (Rail 04346010MI3900) ��"''.-- ' �/• � (LOT 1) (LOT 21 _ Ti Benetitting lands y,"$( (4346-010-009-13900) a 202 r ,l•:.(�(•lt�e!-,.�—,rr LOT 1 .LOB. ,_ '�• cad�+..y •�•111 tA..•�q s ELM Cl (LOT i . ALL oisT Development Services December 1, 2021 Report No. DS2021-182 Page 18 of 18 Page 330 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... From: Metras, Justin Sent: November 15, 2021 1:50 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-A-74) Delong Abbey Operation has no comments on this application. Justin Page 331 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... From: Metras, Justin Sent: November 15, 2021 1:49 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-13-46) Delong Abbey Operations will require a 3.0m road widening along the retained portion only. Line 7 South has been identified as a collector road requiring at 23.0m right of way under the Road Network Plan. Regards Justin Page 332 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... From: McCartney, Garry Sent: November 16, 2021 8:43 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 December 01, 2021 (2021-A-74) Delong Building Division has no comments at this time. Page 333 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... From: McCartney, Garry Sent: November 16, 2021 8:43 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 December 01, 2021 (2021-13-46) Delong Building Division has no comments at this time. Page 334 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... From: Saunders, David Sent: November 16, 2021 11:12 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-A-74) Delong Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 335 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... From: Saunders, David Sent: November 16, 2021 11:13 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting December 01, 2021 (2021-13-46) Delong Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 336 of 399 6. M 111-RI-!'�4 7 B _ •jll �- �n, Towns_ nning Consultant ... QURCE PIZQTECTIQ�`�I = Tnurrc,ripo4 � 1 ACT FOR CLEAN WATER °"natalR e>rortx•a Exrlrluy rnriirr South Georgian Bay Lake Simcoe Source Protection Region ` November 16, 2021 Abbey Dedora, Development Services Assistant The Corporation of the Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Ms. Dedora, RE: Consent Application 2021-113-46 910 Line 7 South Township of Oro-Medonte, County of Simcoe Risk management staff of the Severn Sound Environmental Association (SSEA) have reviewed the following file pertaining to Consent Application 2021-B-46 at 910 Line 7 South ("the property'): • Consent Application Notice of Public Hearing, dated November 15, 2021 by the Township of Oro-Medonte (file name: Notice of Public Hearing (2021-8-46)Delong.pdf) The following comments relevant to drinking water source protection are offered and are applicable to the application as it is presented in the above mentioned files. The below comments may become null and void if changes to the application are made. It is the SSEAs understanding that the Consent Application is to sever and merge lands for the purpose of a boundary adjustment as noted in the above mentioned notice. 910 Line 7 South is not located within any Wellhead Protection Areas (WHPA) within the Township of Oro-Medonte, however a portion of the lands to be merged (ARN: 4346-010-009- 13900) is partially located within the WHPA-B and C, with vulnerability scores of 6 and 4 respectively, of the Harbouwood municipal drinking water system. The severance of lands would not qualify as one of the 22 prescribed drinking water threats listed in O.Reg 287/07 under the Clean Water Act, 2006. Therefore, policies in the Approved South Georgian Bay Lake Simcoe Source Protection Plan (approved: January 26, 2015; amended: June 16, 2021 ; effective: July 1, 2015) would not apply to this application. Furthermore, neither Section 57 (Prohibition) nor Section 58 (Risk Management Plan) of the Clean Water Act, 2006 apply to this application, and as such, no additional notices, letters, or requirements from the Township of Oro-Medonte Risk Management Official are required as the 489 Finlayson St ♦ PO Box 460 ♦ Port McNicoll ON LOK 1RO ♦ Tel: 705-534-7283 ♦ Fax: 705-534-7459 www.severnsound.ca Page 337 of 399 yin 1�� 6. �B d'on, Towns nning Consultant ... OU RCE PROTECTION `4 - Tnu�rrslreP 4f 2 ACT FOR CLEAN WATER "OrriralA^ 11—dx�•i�'rn�•,E..,ir�q`�f�ri.— Smnh Georgian Bay Lake Si—Source PrOWU.on Regl+ X application is currently presented. Any future applications on these lands may require additional notices, letters, or requirements from the Township of Oro-Medonte Risk Management Official. If you have any questions, please contact the undersigned. Yours truly, Melissa Carruthers, Risk Management Official / Inspector for the Township of Oro-Medonte Severn Sound Environmental Association mcarruthers(a)severnsound.ca CC: Township of Oro-Medonte Planning Department (planning@oro-medonte.ca) Julie Cayley, Executive Director, Severn Sound Environmental Association 489 Finlayson St ♦ PO Box 460 ♦ Port McNicoll ON LOK 1RO ♦ Tel: 705-534-7283 ♦ Fax: 705-534-7459 www.severnsound.ca Page 338 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail: plan ning@oro-medonte.ca November 23rd, 2021 Oro-Medonte File No: 2021-A-74 LSRCA File No.: VA-310490-102021 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Dear Mr. Karaiskakis: Re: Application for Minor Variance Owner/Applicant: Kyla and Daniel Delong 910 line 7 South, 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 applicants are proposing to recognize the existing non- complying interior side yard setback for the existing single detached dwelling and permit a reduced interior side yard setback for the existing agricultural building as a result of the boundary adjustment(Consent Application 2021-1346). The applicants are seeking relief to the following sections of Zoning By-law 97-95: Table 134-13—Standards for Singe Detached Dwellings (A/RU Zone)—Minimum Interior Side Yard Setback Required: Proposed: 4.5 metres (14.8 feet) 2.8 metres (9.2 feet) Table 134-C—Provisions for Agricultural Buildings—Minimum Interior Side Yard Setback Required: Proposed: 15.0 metres (49.2 feet) 3.0 metre (9.8 feet) (from the east and south interior side lot lines) Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing—Agency Circulation Package, dated Nov. 15t", 2021 • 'Applicant's Site Plan' in the Agency Circulation Package 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 County of Simcoe and 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 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3w3 F 905.853.5881 Member of Conservation Ontario Page 339 o-fF399.800.465.0437 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planl ao Vat�'�` mit Page 2of3 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 in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this minor variance application. Site Characteristics The area surrounding the existing dwelling, the lands to be severed from 910 Line 7 South (as per application 2021-B-46) appears outside of the regulated area, as per Ontario Regulation 179/06 of the Conservation Authorities Act. The subject property appears designated as'Rural by the County of Simcoe Official Plan,and designated as'Rural' by the Township of Oro-Medonte Official Plan. The property is zoned as Agricultural/Rural, or 'A/RU' by the Township Zoning By-law 97-95. 910 Line 7 South.Oro-Medonte f nrvat.aer i O L3RCA Sw4ry l3PP wmm*d kwm*Y V aat e.•EE. �q�O^+� A•a•aam•n!Parent Lot 8W CAM*Nb n •.r Ra•d lAbra � — Walaradwaa RoWa ` •� A.r as•... Approximate locations f, •••MEw• of lands to be severed (2021-B-46) ❑ ceE..t,rt�r• .� i-1 1h aar�1V2(r�s ? 4 � • ..r`.r arc w.....r PAN W NO •- 1 • ' .w.-r ti1w•• • [awwrrc•.an.nr•�rnr••...w a- �'• '.e+ •'T.aRp E a'ssO�l9r leSIpRN4 R4 •...rr w•wsw•r. rm s.''�E •S�U.AE4MC+PE'AO `mow• wr w.r sn mom its a W +Es Delegated Responsibility and Statutory Comments: Page 340 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Plans ao Vat�'�` mit Page 3of3 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). Consistency with Section 3.1 of the PPS is demonstrated. 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. An LSRCA permit is not required as part of this minor variance application. Any future development or site alteration within the regulated area will require LSRCA permit. Summary Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this minor variance application. 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. A permit, as per Ontario Regulation 179/06 of the Conservation Authorities Act is not required as part of this minor variance 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, A�� Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 341 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail: plan ning@oro-medonte.ca November 23rd, 2021 Oro-Medonte File No: 2021-B-46 LSRCA File No.: CO-310490-102021 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Dear Mr. Karaiskakis: Re: Application for Consent Owner/Applicant: Kyla and Daniel Delong 910 line 7 South, 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 applicants are requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed from 910 Lands to be Retained (910 Total Merged lands line 7 South: Line 7 South): (4346-010-009-13900) Frontage: Approximately 315.0 m Approximately 45.0 m (147.6 Approximately 315.0 m (1,033.5 ft.) ft.) (1,033.5 ft.) Depth: Approximately 495.0 m Approximately 105.4 m (345.8 Approximately 945.0 m (1,624.0 ft.) ft.) (3,100.4 ft.) Area: Approximately 18.3 ha (45.3 Approximately 0.4 ha (1.0 ac.) Approximately 33.4 ha (82.5 ac.) ac.) use: Agricultural building Residential Agricultural building No new lots are proposed as a result of the lot addition. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing—Agency Circulation Package, dated Nov. 15t", 2021 • 'Applicant's Consent Sketch' in the Agency Circulation Package 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 County of Simcoe and 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 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3w3 F 905.853.5881 Member of Conservation Ontario Page 342 o-fF399.800.465.0437 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Plans ao Vat�'�` mit Page 2 of 4 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 in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application for lot boundary adjustment. Site Characteristics The subject property is partly regulated under Ontario Regulation 179/06, as per the Conservation Authorities Act. This is due to two watercourses (Shelswells Creek and Barilla Creek) and their associated meander belt area and floodplain hazard area. The subject property appears designated as 'Greenlands' and 'Rural by the County of Simcoe Official Plan, and designated as 'Rural', and 'Environmental Protection Two' by the Township of Oro-Medonte Official Plan. The property is zoned as Agricultural/Rural, or'A/RU', and Environmental Protection, or 'EP' by the Township Zoning By-law 97-95. ion Lake Simeoe 910 Line 7 South,Oro-Medonte Feaiu res Reg conservation au[honty ❑ LSRCA Watershed Boundary 0 LSPP Watershed Boundary — Regulation Boundary es7 LI'NEa s Regulation Area Assessment Parcel I Lot and Concession x.MuN.,,3 ', s+'r• Road Labels Watercourse Roads + ;iINC '(F r, rw,r mo sue, r' M9r Y:M WL, emlRmtl J Railuray ❑ Lower Tier Municipality ♦ 1 L'INV '> {LINE 7 !r .'It, INEi7 • � ♦ 1Mr -a8 LINE7E • L HO R€RG 22 L4 EBH RE R6W °nm`d o.. 11123/2021 '� ► � �' 26 LA 4{ESHOrtE wra tvx wit- - wmvy�.YWmmr 47 LA N[SHOR 0 W � � - as b m. ..r.wpm �w.q em'aemnm,nm�ne on as R.+v rrojnexmnmrcgm em.ara.wmms.inw n.rv.eon • 1888 LINE75 L+iE i.sx cx cneslpmrao xnta w 'taWRE _ - 1.LA FSESHOR ❑W �'�0a1ieie°AVO1i"o^p _ - R H R n a3. fLE HCAE ROy �d M21 a . NESN Hti^'a 12H R RR1 H3FW H R,RF 58 IA`NESW.O REiRO 1026 LINE 7 oniy:qxn t sxt ov.n. Seale 1: 3.246 lAetala 155 9 82 165 Page 343 of 399 6J) 7.20 p.m. DS2021-182, Michael Barton, Township Planl ao Vat�'�` mit Page 3of4 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). Consistency with Section 3.1 of the PPS is demonstrated. 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. An LSRCA permit is not required as part of this consent(severance)application.Any future development or site alteration within the regulated area will require LSRCA permit. 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. Natural Heritage Those lands to be retained, and merged with Benefitting Lands 4346-010-009-13900, will now contain many natural features, such as mapped Significant Woodlands, a regulated wetland feature, as well as mapped floodplain hazard and meander belt areas along existing watercourses.Any future development or site alteration of these lands may require further study to address development impacts, through additional Planning Act Applications. Much of these lands are located within the regulated area as per Ontario Regulation 179/06 of the Conservation Authorities Act.Any development or site alteration within the regulated area will require an LSRCA permit. Summary Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application. 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. A permit, as per Ontario Regulation 179/06 of the Conservation Authorities Act is not required as part of this consent application.Any future development or site alteration within the regulated area will require permit. 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. Page 344 of 399 6.j) 7.20 p.m. DS2021-182, Michael Barton, Township Plans ao Vat�'�` mit Page 4of4 Sincerely, Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 345 of 399 6.j) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... - O _O � O t � 0 CO � m � � N N O O N N N }' U N ^ n U) .(� W ry O (U Q 0 U > 4 � o U)4-0 o � 0- a)o � _ — CIO U) J o 0) C: N . . Q O a � O ._ � ++ LLJ ._ -0 L N � O C� Page 346 of 399 6.j) 7.20 p.m. DS2021-182, Michael Barton, Township Planning Consultant ... O - :u CQo � CO CU Ov C: � � � � rn CO0 � a) o a) ca CU 2 O CU O CO O E oNo —�' 0 CO 0 0 " 0 L O cn QL Q. 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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. DS2021-184 be received and adopted. 2. That Minor Variance Application 2021-A-65 by Al and Donna Billes specifically to permit the construction of a detached accessory building with a reduced front yard setback to 5.18 metres (17.0 feet), increased height to 4.67 metres (15.3 feet) and increased floor area to 164.0 square metres (1765.3 square feet) on lands municipally known as 25 Brambel Road, be approved, subject to the conditions as outlined in Report DS2021-184. 3. The conditions are as follows: a) That notwithstanding Section 5.1 .4 — Maximum Height, Section 5.1 .6 — Maximum Floor Area, Section 5.1.3 a) and Table 131 — Front Yard Setback (RLS) the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building is not to be used for human habitation; d) That the applicant maintain the existing vegetation along the front lot line and that this vegetation be shown on the required Site Plan Application and that a Site Plan Agreement be registered on-title with the Township; e) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is no closer than 5.18 metres (17.0 feet) from the front lot line; Development Services December 1, 2021 Report No. DS2021-184 Page 1 of 11 Page 365 of 399 Ta) DS2021-184, Danielle Waters, Planner re: Minor Variance Application... f) That the appropriate Site Plan Approval, 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. 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 on Schedules 1 and 2. The property currently supports a single detached dwelling and boathouse. This application was previously brought forward at the October 6, 2021, Development Services Committee. The variances for the proposed detached accessory building were deferred to allow the applicants time to discuss with the Brambel Road Ratepayers Association (BRRA) concerns that were raised by the BRRA. The applicants brought forward their application to a BRRA meeting for review and discussion. Understanding the concerns from neighbours, the applicants have moved the septic system closer to the lake (after discussions with LSRCA), to allow the proposed building to be moved 2.0 metres farther from the road, however in doing so, they still require several variances to facilitate the construction of the proposed detached accessory building. As per updated comments received from the BRRA (November 23, 2021), they are still not supportive of the revised setback and would like to see the 7.5 metre setback maintained. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.4 — Maximum Height Required. Proposed: 4.5 metres (14.7 feet) J4.67 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) Section 5.1.3 a) and Table B1 — Front Yard Setback, SR Required. Proposed: 7.5 metres 24.6 feet T5.18 metres 17.0 feet The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Development Services December 1, 2021 Report No. DS2021-184 Page 2 of 11 Page 366 of 399 Ta) DS2021-184, Danielle Waters, Planner re: Minor Variance Application... 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 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 structure is regulated by the LSRCA and Planning Staff and 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. Planning Staff is of the opinion that this application conforms to the PPS, 2020. 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 application is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already within an established residential 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 (Lake Simcoe). 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 Development Services December 1, 2021 Report No. DS2021-184 Page 3 of 11 Page 367 of 399 Ta) DS2021-184, Danielle Waters, Planner re: Minor Variance Application... 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 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. LSRCA will require the applicant to obtain an LSRCA Permit. Comments received October 5, 2021, did not discuss any regulatory problems with the proposed structure, and only provided comments on the boathouse, retaining wall, and dwelling. Planning Staff are confident that an LSRCA permit would address any additional concerns if received from the LSRCA. 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. Development Services December 1, 2021 Report No. DS2021-184 Page 4 of 11 Page 368 of 399 Ta) DS2021-184, Danielle Waters, Planner re: Minor Variance Application... 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. 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 of this report, a site plan application is required and has been submitted to the Township. The primary purpose of the front yard setback is to provide spatial separation between structures and the road, as well as to provide space for access, maintenance and drainage around buildings, landscaping and parking. Planning Staff believe that the proposed setback will provide an adequate setback from the road to achieve the above- noted considerations, including parking since vehicle access into the garage is proposed from the side. 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. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? 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 structure. Though there are not large detached accessory buildings located on the street, several houses do have large attached garages in the front yard. The "L" shape in the existing houses with attached garages, will appear similar to the proposed structure on this lot, the only difference is that the proposed structure will be detached. Planning Staff are satisfied that the proposed structure would remain secondary and subordinate to the main dwelling structure. Development Services December 1, 2021 Report No. DS2021-184 Page 5 of 11 Page 369 of 399 Ta) DS2021-184, Danielle Waters, Planner re: Minor Variance Application... The proposed structure will not interfere with functional matters such as parking and the septic system. The proposed plan will also allow for the existing driveway to be used, and keep the mature vegetation in place. Planning Staff have added a condition to require that the front yard vegetation be maintained. This will be required to be reflected in the required site plan/agreement that will be registered on title to the property. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as the building is not anticipated to have an adverse impact on the neighbourhood. The proposed variance will keep the existing driveway and mature vegetation in place, therefore providing a buffer for the proposed structure from the neighbourhood. The condition for maintaining the existing front yard vegetation will ensure that this buffer stays in place. As the proposed variances for the detached accessory building 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, 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 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Development Services December 1, 2021 Report No. DS2021-184 Page 6 of 11 Page 370 of 399 Ta) DS2021-184, Danielle Waters, Planner re: Minor Variance Application... Foster Safe and Inclusive Community Living & Business Growth • Review and Update Official Plan 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, 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 • Letter and survey of opposition from the BRRA from their Annual General Meeting 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-65 be approved, specifically, to permit the construction of a detached accessory building with a reduced front yard setback to 5.18 metres (17.0 feet), increased height to 4.67 metres (15.3 feet) and increased floor area to 164.0 square metres (1765.3 square 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, conforms to the Growth Plan 2020 and the County Official Plan and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services November 25, 2021 Andria Leigh, Deputy CAO/Director, Development Services November 25, 2021 Development Services December 1, 2021 Report No. DS2021-184 Page 7 of 11 Page 371 of 399 Ta) DS2021-184, Danielle Waters, Planner re- Minor Variance Application... 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 December 1, 2021 Report No. DS2021-184 Page 8 of 11 Page 372 of 399 Ta) DS2021-184, Danielle Waters, Planner re- Minor Variance Application... Schedule 2: Aerial Photo —Y1.—M. Mao pneshl cYa�,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 Development Services December 1, 2021 Report No. DS2021-184 Page 9 of 11 Page 373 of 399 Ta) DS2021-184, Danielle Waters, Planner re: Minor Variance Application... Schedule 3: Applicants Proposed Site Plan M1�j - M1 ry OGi off_' J-71ff-11 ak- 1 x ,x ix 12 73. xx x E �xx '+ x Prapeacd Ne Driveway 1 4-Car x ` m Garage E ,x 9.14m ,t'w1 �x Vx y x �7,50 r I it x 1 � Z 65x J E ZSO �' � bdam � 225^ 2.34 m Schedule 3 Applicant's Site Plan �- 0 Ta�� J ���te File Number 2021-A-65 Proud Heritage,Excaaiai4 Future Development Services December 1, 2021 Report No. DS2021-184 Page 10 of 11 Page 374 of 399 Ta) DS2021-184, Danielle Waters, Planner re: Minor Variance Application... Schedule 4: Applicants Garage Elevation Drawings T, � (/i�Gerege.�ar Eir�so� -P.w„���o ��can3ge-rv�rtn El�re� a 7 LIL..._ —.—.seea,iat 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 File Number 2021-A-65 Proud HeritnRe,Exca:aiitQ FNraere Development Services December 1, 2021 Report No. DS2021-184 Page 11 of 11 Page 375 of 399 Ta) DS2021-184, Danielle Waters, Planner re: Minor Variance Application... To: Oro-Medonte Township Council From: Brambel Road Ratepayers Association Inc. ("BRRA") Application: 2021-A-65 Subject Lands: 25 Brambel Road We are submitting this letter for your consideration with regard to the requested variances on civic number 25 Brambel Road. We would like to express our gratitude and thanks to the Township Council for deferring this matter initially until we as an organization could canvass the thoughts of the rest of our members. We were particularly grateful to Mayor Hughes' sensitivity to the uniqueness of the situation on Brambel Road and the need for a collective voice to be heard. This gave the opportunity for the applicant to present directly to the membership following a thorough discussion of the presentation and information. As a longstanding (since 1981) but recently incorporated (2019) organization, it is critical to us that we carefully lay out a solid foundation that outlines our stance on matters concerning the private road, based on input from all members, as we understand a precedent will be set in the future based on actions taken in the present. We again would therefore like to reiterate our thanks for allowing us time to do so. The BRRA was formed by the residents of Brambel Road to manage the maintenance, use and access to the private road which BRRA now owns. As a neighbourhood, we enjoy and seek to maintain the safety, privacy, and beauty of the area as well as continue to encourage and build good neighbour relations. As new homeowners move onto this street, the neighbourhood has welcomed them and we seek to maintain this inclusive spirit. The BRRA first discussed this at our annual general meeting where we had a quorum of members present who were provided with materials supplied by Al and Donna Billes in advance of this meeting. In general, two points were requested from Al and Donna; the first was to stake out the proposed detached garage so that visually, members could see where it was in relation to the road. Al and Donna were kind enough to do so, and we appreciate this. A second point was raised by a member who is also lakefront regarding the proposed septic bed and the size — specifically, it was indicated that he also had a significantly large septic bed proposed initially when he was building, but was able to use a different septic system, particularly the "Biofilter by Waterloo", which significantly reduced the footprint of the bed, while maintaining compliance with all regulations. A reduction in the footprint of the septic bed may very well allow the applicants to back up the detached structure such that they can still have a total of four garage bays in the proposed detached building without requiring a variance to the lot line. After the discussion at the annual general meeting, The BRRA sent out an anonymous online survey to all members of the road concerning this proposed variance sought, which focused solely on the variance to the lot line. We note that the other variances requested concerning the detached garage height, footprint (well over twice that permitted) and shoreline; however, the Page 376 of 399 Ta) DS2021-184, Danielle Waters, Planner re: Minor Variance Application... primary focus of our discussion and the survey was the variance related to the distance to the lot line. A copy of the survey results is attached for your information. The variance requested is a setback reduction to 3 meters (noting the amendment submitted yesterday as further discussed below) as opposed to the 7.5 meters required by Township bylaws —a reduction of 4.5 meters or 60% reduction requested. As the survey results show, there was an overwhelmingly clear majority of opinion that the current Township bylaws of 7.5 meters set back should be followed. We understand that the primary purpose of the setback from the lot line is to provide spatial separation between the structures and the road, as well as other items. The existing bylaw is congruent with our functional and aesthetic values, in a forested, rural setting. We have attached pictures showing the proposed staked out area in relation to the road as a reference point. We would endeavour to preserve and protect the rural character and feel of Brambel Road, which is in many ways similar to the very intent of the rural designation of these lands and we believe having a structure this close to the road impedes that vision. Furthermore, a potential exists for significant harm to be caused to the root structure if the existing treeline in association with the proposed build. We understand the planning report noted there are no large detached garages currently on Brambel Road like the one proposed. We also understand that the current site plan has proposed an attached 2 car garage to the residence which is congruent with the aesthetic along Brambel Road. There are no other properties on Brambel Road where a garage (attached or detached) or dwelling has required such a variance to the Township bylaws. Accordingly, such a variance would be an obvious departure from the look and feel of Brambel Road and what we are attempting to accomplish as an association. Further, our concern is that this will also set a precedent for future builds on Brambel Road. We support a streetscape rather than a laneway aesthetic on Brambel Road. One could envision that the latter laneway aesthetic would result should such oversized garages encroach both sides of Brambel Road. It should also be highlighted that, upon further consideration based on the information session, and review of the staking, Andrew Famiglietti (neighbouring property to the west) does not support the garage location (see attached emailed). Lastly, we understand that Al and Donna have proposed reducing the requested setback to 5 meters from the lot line versus the 7.5 meters required by Township bylaws. We recognize and appreciate this gesture; however, one of the survey questions put to our membership clearly asked members whether they "support the required township bylaw setback distance to the roads property line of 7.5 meters" and 11/12 respondents voted YES. As such, we must respect the voices of our members and represent their wishes here and respectfully request that the variance to the property line abutting the road be denied and that the existing Township bylaws be upheld. Further, any concessions here could lead to an adverse precedent being set for future builds. Page 377 of 399 Ta) DS2021-184, Danielle Waters, Planner re: Minor Variance Application... Accordingly, we stand respectfully OPPOSED to the application for a variance with respect to the setback from the lot line affecting Brambel Road. We request that existing township bylaws regarding the setback to our private road lot line be upheld to 7.5 meters. Sincerely, John McLellan President Craig Kirwin Vice President Andrew Donovan Treasurer Secretary Attachments: email from Andrew Famiglietti Application Survey 25 Brambel Road Page 378 of 399 11/23/21,9:08 AM R e s y oo Mail-Re- i1 u Tues b ..Re: Bramb oad Vara ce review Ta) DS2O21-1�4, anic avers, Manner re: Minor �'arlance Application... Re: H Due Tues by noon...Re: Brambel Road Variance review From: Andrew Famiglietti (andrew@atlascorp.com) To: derekahaaland@gmail.com Cc: wr400f@hotmail.com; pfam@rogers.com; craigkirwin@rogers.com; mclellanl075@yahoo.ca Date: Monday, November 22, 2021, 08:09 a.m. EST I brought my concerns to both Bill and Donna. It is my concerns of the garage location.) believe it can be moved forward as well the septic system having an impact on my well for our drinking water. This is a 2 acre site. There is no reason they can't build what they want with in the municipal guide lines. I did,as well as the future impact on our community Thx Andrew Famiglietti 0: 905-669-6825 ext. 303 M: 647-229-0502 On Nov 21, 2021, at 8:20 PM, Derek Haaland <derekahaaland@gmail.com>wrote: RS....comments due Tuesday by noon. Thanks Andrew and Pia! Derek On Sun., Nov. 21, 2021, 3:30 p.m.Andy Donovan, <wr400f@hotmail.com>wrote: Andrew/ Pia, I wanted to bring to your attention the fact that the development service report that the council is looking in consideration of approving the variance application, that the report directly references your email of support, specifically "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. " While this speaks most to the interior lot line, the one abutting your property, I'm not sure if council has considered you to be in full support of all variance applications, and based on the AGM, it seemed clear that you did not support the variance on distance to the road. Therefore, if you wanted to provide any additional feedback/ letter on this front clarifying your position as a member of BRRA vs the individual position spoken to in your original letter, we welcome you to do so, however, all submissions need to be submitted to council this Tuesday, November 23. If you want to send anything to one of the executives, we can make sure it is submitted to council for their further consideration. Regards, Andy Donovan Page 379 of 399 1/2 Application SM6I 16SA� b91614abanielle waters, Planner re: Minor Var&&X076ation... Q1 The Township of Oro Medonte zoning bylaw for RLS (Residential Limited Service) properties has a required front yard setback distance of 7.5 m (24.6 feet) to the road's property line for buildings and detached accessory buildings. I am aware of the Township... I am not aware of the... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES I am aware of the Township of Oro Medonte Zoning requirements for my property and my front yard setback distance 100.00% 12 to the roads property line. I am not aware of the Townships Zoning requirements for my property and my front yard setback distance to the roads 0.00% 0 property line. TOTAL 12 1 /7 Page 380 of 399 Application SM6I 16SA� b91614abanielle waters, Planner re: Minor Var&&X076ation... Q2 I have received the following information from the BRRA Inc. on this application. Please click the information you have received, reviewed and understand. The ELApplication... The Township Zoning Byla... Photos and 3d renderings o... I attended the AGM informat... Link to the Application... I have seen the stakes... Ihave received all... I have not received the... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES The Application Site Plan at 25 Brambel Road 100.00% 12 The Township Zoning Bylaw on Property Setback distances 100.00% 12 Photos and 3d renderings of the garage 100.00% 12 1 attended the AGM information session. 83.33% 10 Link to the Application 2021-A-65(Billes) 91.67% 11 I have seen the stakes marking the garage corners. 75.00% 9 1 have received all the necessary information about this application 91.67% 11 I have not received the necessary information about this application 0.00% 0 Total Respondents: 12 2 /7 Page 381 of 399 Application SM6I 16SA� b91614abanielle waters, Planner re: Minor Var&&X076ation... Q3 The application at 25 Brambel Road includes a proposal to build a Detached Accessory Building (4-Car garage) facing East with a condition to maintain the existing vegetation buffer adjacent to Brambel Road. The application proposes a 3.06 m (10 feet) set back distance to the roads property line vs. the Townships required distance of 7.5m (24.6 feet). The applicant is requesting a minor variance and seeking relief to the zoning bylaw. Do you support the proposed variance? Yes,I support the variance... No,I do not support the... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes, I support the variance and the proposed set back distance of 10 feet to the roads property line. 16.67% 2 No, I do not support the variance and the proposed set back distance of 10 feet to the roads property line. 83.33% 10 TOTAL 12 3 /7 Page 382 of 399 Application SM6I 16SA� b11614abanielle Waters, Planner re: Minor Var&&X076ation... Q4 Please provide your comments on the applicants proposal. ,I lsvve ; # RESPONSES DATE 1 Although I don't believe that this proposal is unreasonable, I do not like the idea that this may 11/14/2021 5:18 PM set a precedent for future builds on the street that may prove more problematic. I feel the applicant should have sufficient space on this lot to meet his needs within the current bylaws. 2 Building this close to the road is a significant departure from what is currently on the road and 11/14/2021 1:39 PM it opens the way for more requests for variances. Though the proposal includes maintaining the existing roadside vegetation, the close proximity of the proposed garage will undoubtedly impact/jeopardize the survival of the existing trees 3 While I have no doubt that the finished product will look like the renderings which are very nice, 11/14/2021 1:13 PM I do not think the lot supports a 6 car garage and that is the primary reason for the variance. If they want a 6 car garage (which frankly I don't have a problem with if there is no variance request), then I think they should investigate the septic system the Famiglietti's have that greatly reduces the footprint of the septic bed. This way, they can move their garage back to within township bylaws. I'm certain an architect can still tie in the garage when it is moved back so that it still looks good. 4 1 would ask that consideration be given the following without prejudice. Change the building in 11/14/2021 12:17 PM question from a 4 car to a 3 car garage. Move the septic foot print approximately 2 feet to further to the south , which may still be within the Lake Simcoe allowed limits. The garage could possibly be positioned to be built within the existing 24.6 ft or with a MINOR VARIANCE. As far the present tree buffer on the north side of the property it would appear they aging and in decline to provide a appropriate buffer and should be considered to be replaced at the time of construction therefore provide a more adequate buffer. The above would make the requirement for a variance mute and allow the project to move ahead in a more favourable manner for all concerned. 5 Based on all information, I feel that there is no reason the garage cannot meet current 11/13/2021 11:19 PM setbacks. I believe this should be the road association stance going forward as well. 6 The 3D renderings are not reflective of the current state of existing vegetation. The stakes 11/13/2021 11:15 PM appear to require much of the vegetation to be thinned or removed in order to build. It appears that it would take many many years to have vegetation appear as proposed. We do not want to set precedent for variances permitted, as we feel this will negatively affect the street appeal of the road moving forward if others request variances as well. 7 The variance request is not minor and is more in line with a back lane way rather then a nice 11/12/2021 11:25 PM streetscape. Would diminish the open feel of our street and potentially set a dangerous precedent. There appears to be sufficient room beside the new house to build the garage. Design flaw as their lot is not deep enough to build a carriage house type detached garage resulting in attempting to encroach on the street green space. 8 The applicant needs to set the Garages away from the road , this will set the precedence to all 11/12/2021 11:23 PM future homes building accessory buildings at the front of their lots and change the landscape of the area. There is plenty of room to move the garages closer to the home. 4/7 Page 383 of 399 Application SM6I 16SA� b91614abanielle waters, Planner re: Minor Var&&X076ation... Q5 Do you support the required township bylaw set back distance to the roads property line of 7.5m (24.6 feet)? Yes No Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 91.67% 11 No 8.33% 1 Other(please specify) 0.00% 0 TOTAL 12 # OTHER(PLEASE SPECIFY) DATE There are no responses. 5 /7 Page 384 of 399 Application SM6I 16SA� b91614abanielle waters, Planner re: Minor Var&&X076ation... Q6 Are you concerned a precedent may be established with the approval of a variance of this distance? Yes, I am concerned. No,I am not concerned. Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes, I am concerned. 91.67% 11 No, I am not concerned. 8.33% 1 Other(please specify) 0.00% 0 TOTAL 12 # OTHER(PLEASE SPECIFY) DATE There are no responses. 6/7 Page 385 of 399 Application SM6I 16SA� b91614abanielle waters, Planner re: Minor Var&&X076ation... Q7 Your comments are important to the BRRA Inc. Your input on the Application is welcome and encouraged. Do you feel it is important the BRRA Inc. collects commentary on this application. Extremely important Very important Somewhat important Not so important Not at all important 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Extremely important 58.33% 7 Very important 41.67% 5 Somewhat important 0.00% 0 Not so important 0.00% 0 Not at all important 0.00% 0 TOTAL 12 7 /7 Page 386 of 399 F. 1� VAN 4 f\ t�+t� <s �1 A. 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