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01 05 2022 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Township of Proud Heritage, Exciting Future Wednesday, January 5, 2022 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: 2. Agenda Approval: Page 1 of 272 4 - 5 a) Motion to Approve the Agenda. [Addenda] 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 6 - 22 a) Minutes of Development Services Committee meeting held on Wednesday, December 1, 2021. 5. Public Meetings: 23 - 51 a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 2 Part Lot 2 Reference Plan 51 R-39788, Parts 2, 3, 5 and 6 (Oro), Township of Oro- Medonte municipally known as 2937 Ridge Road West, 2021-ZBA-12 (Casiez). 52 - 70 b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 6 South Part of Lot 19 (Medonte) Township of Oro-Medonte, 2021-ZBA-13 (Fleming) [Refer to Item 7a) and Item 5a) 01 05 2022 Council Agenda]. 6. Public Hearings: 71 - 110 a) 6:00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance Application 2021-A-76, Julia Masalova, 2239 Lakeshore Road East. 111 - 131 b) 6:10 p.m. DS2021-191, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-79, Douglas & Katherine Humphries, 7 Oak Place (Big Cedar Estates). 132 - 166 c) 6:20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2021-A-80, Peter & Shirley Shelswell, Concession 7 Part Lots 26 and 27 Reference Plan 51 R6384 Part 2 (Oro) Township of Oro- Medonte. 167 - 194 d) 6:30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-81, Elissa & Ian Balfour, 12 Country Club Lane. 195 - 232 e) 6:40 p.m. DS2021-193, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-82, Ashley & Ryan McKnight, 69 Moon Point Drive. 7. Reports of Municipal Officers: 233 - 247 a) DS2021-187, Danielle Waters, Planner re: Zoning By-Law Amendment Application 2021-ZBA-13, Angela Fleming, Concession 6, South Part Lot 19 Page 2 of 272 (Medonte) Township of Oro-Medonte [Refer to Item 5a) 01 05 2022 Council Agenda]. 8. Communications 248 - 272 a) Correspondence dated December 20, 2021 from Claire Malcolmson, Executive Director, Rescue Lake Simcoe Coalition re: Simcoe County's Growth Plan Natural Heritage System Map. 9. Next Meeting Date: Wednesday, February 2, 2022. 10. Adjournment: a) Motion to Adjourn. Page 3 of 272 2.a) Motion to Approve the Agenda. From: Linda Myles <myles.linda@gmail.com> Sent:January 3, 2022 3:33 PM To: . Council <Council@oro-medonte.ca>; Agenda comment<Agendacomment@oro-medonte.ca> Cc: Claire Malcolmson <claire.malcolmson@gmail.com> Subject: [External] Urgent Issue; Take Action to Protect O-M Forests This email originated from outside of Oro-Medonte's email system. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear Council Members: I am emailing to ask you to please support the following resolution which was passed in December in Innisfil, at the January 5th Development Services meeting. By January 14th, Oro Medonte needs to provide feedback to Simcoe County about Simcoe County's edits to the province's Growth Plan Natural Heritage System map. At present, the map being considered includes removals of Natural Heritage features, included by the province, and taken out by Simcoe County which I do not think are all appropriate. I am asking the Oro Medonte Council to direct staff to investigate this and to take immediate action as laid out in this resolution. • That staff be requested through the Town's Official Plan Amendment exercise that Oro-Medonte will follow the County's Municipal Comprehensive Review (MCR) process to update the Town's Official Plan mapping to ensure environmental protection in areas of outdated plans of subdivision which do not conform to A Place to Grow, 2020; • That staff report back to Council in advance of the completion of the MCR process on deeming subdivisions not to be registered plans of subdivision which do not conform to A Place To Grow, 2020; • That staff submit to the County a list of sites, and a request that non-conforming, old registered plans of subdivision remain in the Growth Plan Natural Heritage System (NHS) and be removed from Simcoe County's mapping; and • That Simcoe County be requested to ensure that areas of High Quality Natural Cover in the Lake Simcoe watershed be protected by only removing from the Growth Plan Natural Heritage System approved plans of subdivision that were in settlement area boundaries as of July 1, 2017, as per the A Place to Grow policy 4.2.2. s1 . and by retaining in the NHS small patches of natural cover regardless of size. The background on this topic is included in the attachment in the Jan 5th agenda Item 8 (a) https://oromedonte.civicweb.net/FileStorage/3D88CE152BFD41 E8BB72ED FOE B2B0703— Rescue%20Lake%20Simcoe%20Coalition.pdf Thank you for your time and consideration, Linda Myles myles.linda@gmail.com Home: 705 812-4940 Cell Phone: 416 725-7734 Page 4 of 272 2.a) Motion to Approve the Agenda. From: allan baker<designequation@hotmail.com> Sent:January 4, 2022 11:26 AM To: . Council <Council@oro-medonte.ca>; Agenda comment<Agendacomment@oro-medonte.ca>; Aubichon, Yvonne <yaubichon@oro-medonte.ca> Cc: Leigh, Andria <aleigh@oro-medonte.ca>; Dunn, Robin <rdunn@oro-medonte.ca> Subject: [External] Jan. 5th DSC Mtg.Agenda Item 8(a) Importance: High This email originated from outside of Oro-Medonte's email system. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Good morning Council, As you know, Environmental Protection is one of the pillars and high priorities listed in Oro-Medonte's Official Plan . For that reason, I'm requesting that Council at tomorrow's Development Services meeting, support the resolution which was passed by Innisfil Council in December. You're also aware that Oro-Medonte is required to provide feedback to Simcoe County regarding the county's edits to the Growth Plan Natural Heritage System map no later than January 14, 2022. The proposed provincial and county editing presently removes many Natural Heritage features. In my opinion these removals are inappropriate and contrary to the township's environmental protection objectives and policies. Please direct OM Staff to promptly investigate this and follow the actions outlined in the resolution. Thank you for your consideration to this important matter. Regards, Through trees we breathe. Page 5 of 272 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, December 1, 2021 5:35 p.m. Present: Mayor H.S. Hughes Y 9 Deputy Mayor Ralph Hough (left @ 7:35 p.m.) 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; 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: ULhh', it 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. DSC211201-1 Moved by Hough, Seconded by DeSousa It is recommended that the agenda for the Development Services Committee meeting of Wednesday December 1, 2021 be received and approved. Carried. Page 1 of 17 Page 6 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, November 3, 2021 . Motion No. DSC211201-2 Moved by Greenlaw, Seconded by Scott It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, November 3, 2021 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 17 Page 7 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . 6. Public Hearings: a) DS2021-172, Danielle Waters, Planner re- Minor Variance Application 2021-A-73, Derek Surerus, 32 Broadview Avenue. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Derek Surerus. The following correspondence was received- Township of Oro-Medonte, Manager, Development Engineering dated November 10, 2021 ; Township of Oro-Medonte, Building Division dated November 11 , 2021 ; Township of Oro-Medonte, Operations Division dated November 12, 2021 . Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The applicant was not 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. DSC211201-3 Moved by DeSousa, Seconded by Hough' hN., It is recommended 1. That DS2021-172, Danielle Waters, Planner re- Minor Variance Application 2021A- 73, Derek Surerus, 32 Broadview Avenue 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. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 17 Page 8 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . b) DS2021-174, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-78 Matthew Rogers, 5 Orillia 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 Matthew Rogers. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated November 10, 2021 ; Township of Oro-Medonte, Building Division dated November 11, 2021 ; Township of Oro-Medonte, Operations Division dated November 12, 2021 ; Lake Simcoe Region Conservation Authority dated November 22, 2021 ; S. Harrington dated November 30, 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. 1%6 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. DSC211201-4 Moved by Scott, Seconded by Keane It is recommended 411L 1. That DS2021-174, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-78 Matthew Rogers, 5 Orillia Road 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 DS2021-174. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 17 Page 9 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . c) 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. 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 Bartor Associates Ltd. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated November 10, 2021 ; Township of Oro-Medonte, Building Division dated November 11, 2021 ; Huron-Wendat Nation dated November 12, 2021 ; Township of Oro-Medonte, Operations Division dated November 12, 2021. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Siim Holmberg, applicant, was present. IV 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. DSC211201-5 Moved by Veitch, Seconded by Greenlaw It is recommended 1. That DS2021-175, Derek Witlib, Manager, Planning Services re: Consent Applications 2021-B-38 and 2021-1339, Bartor Associates Ltd. Part Lot 27, Con. 6, Reference Plan 51 R-16789, Part 1 (Oro), Township of Oro-Medonte be received and adopted. 2. That Consent Application 2021-B-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 DS2021-175. 3. 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.) to be added to the property located at 254 Lakeshore Road West, be approved subject to the conditions as outlined in DS2021-175. 4. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 17 Page 10 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . d) 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]. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Robert Bolton and Shannon Knox. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated November 10, 2021 (2); Township of Oro-Medonte, Building Division dated November 11 , 2021 (2); Township of Oro-Medonte, Operations Division dated November 12, 2021 (2); Bell Canada dated November 15, 2021; Severn Sound Environmental Association dated November 15, 2021; Michael and Laura- Jeanne McMullen dated December 1 , 2021 . Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Amanda Hoffman, agent on behalf of the applicant, was present. A PowerPoint presentation was presented. Shannon Knox, applicant, was present: The following public comments were made. Michael and Laura-Jeanne McMullen provided concerns with respect to changing the rural nature of the subdivision of properties into smaller properties, privacy issues for both sides, strain and availability of water capacity and draw of resources, setting precedence on future development, property is elevated, drainage concerns and potential flooding of driveway, want to ensure appropriate testing is done when building and with respect to the high plate content and concerns for what is best for the entire neighbourhood in the community. Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Page 6 of 17 Page 11 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . Motion No. DSC211201-6 Moved by Greenlaw, Seconded by Veitch It is recommended 1. That DS2021-176, Derek Witlib, Manager, Planning Services re: Consent Application 2021-1345 and Minor Variance Application 2021-A-77, Robert Bolton and Shannon Knox, 1 Baycrest Drive 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 DS2021-176. 3. 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 DS2021-176. 4. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 17 Page 12 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . e) 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 51R-23263 Parts 2 to 17 and Parts 23 to 29. 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 Modern Fabrication Inc. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated November 10, 2021 ; Township of Oro-Medonte, Building Division dated November 11, 2021 ; Huron-Wendat Nation dated November 12, 2021 ; Township of Oro-Medonte, Operations Division dated November 12, 2021 ; Bell Canada dated November 15, 2021; Township of Oro-Medonte, Environmental Services dated November 15, 2021; Nottawasaga Valley Conservation Authority dated November 18 and 22, 2021. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Mark VandenBrink, on behalf of the applicant, was present. INLIMM6_ NEL 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. DSC211201-7 Moved by Hough, Seconded by Keane It is recommended 1 . That 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 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. That the applicant's be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 17 Page 13 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . f) DS2021-178, Michael Barton, Township Planning Consultant, re: Consent Application 2021-B-50, Mary Robertson, 1404 Line 12 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 Mary Robertson. The following correspondence was received: Township of Oro-Medonte, Operations Division dated November 16, 2021 ; Township of Oro-Medonte, Building Division dated November 17, 2021; Township of Oro-Medonte, Manager, Development Engineering dated November 17, 2021; Bell Canada dated November 19, 2021 ; Lake Simcoe Region Conservation Authority (LSRCA) dated November 22, 2021 ; County of Simcoe, Transportation and Engineering dated November 26, 2021; County of Simcoe, Planning Department dated December 1, 2021. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Sandie Robertson, on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. Affiffilr " � " � h, There being no further comments or questions, the hearing adjourned. Motion No. DSC211201-8 Moved by DeSousa, Seconded by Scott It is recommended `% N6, 1. That DS2021-178, Michael Barton, Township Planning Consultant, re: Consent Application 2021-B-50, Mary Robertson, 1404 Line 12 North be received. 2. That the Development Services Committee grant Provisional Consent to Application 2021-B-50 to convey a parcel having 100 metres of frontage on Line 12 North and an area of 0.8 hectares and retain a parcel having 240 metres of frontage on Line 12 North and an area of 52.17 hectares, subject to the conditions as outlined in DS2021-178. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 17 Page 14 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . g) DS2021-179, Catherine McCarroll, Intermediate Planner re: Consent Application 2021- B-51, Roy Hastings, 2262 Line 11 South. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Roy Hastings. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated November 14, 2021; Township of Oro-Medonte, Building Division dated November 15, 2021 . A# Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Shirley Partridge, on behalf of the applicant, was present. X, Staff confirmed that no additional public registrations were received.' Staff confirmed that no additional correspondence from the public was received during this hearing. 'I%L There being no further comments or questions, the hearing adjourned. Motion No. DSC211201-9"` Moved by Greenlaw, Seconded by Veitch It is recommended 1 . That DS2021-179, Catherine McCarroll, Intermediate Planner re: Consent Application 2021-B-51, Roy Hastings, 2262 Line 11 South be received and adopted. 2. That Consent Application 2021-B-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 DS2021-179. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 17 Page 15 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . h) DS2021-180, Derek Witlib, Manager, Planning Services re- Consent Application 2021-B- 52, Jeff Penman, 193 Line 11 North. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jeff Penman. The following correspondence was received- Township of Oro-Medonte, Manager, Development Engineering dated November 10, 2021 ; Township of Oro-Medonte, Building Division dated November 11, 2021 ; Township of Oro-Medonte, Operations Division dated November 12, 2021 ; Bell Canada dated November 15, 2021; Lake Simcoe Region Conservation Authority (LSRCA) dated November 22, 2021; County of Simcoe, Planning Department dated November 30, 2021. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The applicant was not present. N, & 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. DSC211201-10 Moved by Scott, Seconded by DeSous It is recommended 1. That DS2021-180, Catherine McCarroll, Intermediate Planner re- Consent Application 2021-B-52, Jeff Penman, 193 Line 11 North be received and adopted. 2. 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, 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. That the applicant be advised of the Committee's decision under the Secretary- Treasurer's signature. Carried. Page 11 of 17 Page 16 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . i) 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). The applicant's name on the draft motion was corrected to replace Daniel Delong with Kyla Delong. 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 Kyla Delong. The following correspondence was received: Township of Oro-Medonte, Operations Division dated November 15, 2021 ; Township of Oro-Medonte, Building Division dated November 16, 2021; Township of Oro-Medonte, Manager, Development Engineering dated November 16, 2021; Severn Sound Environmental Association (SSEA) dated November 16, 2021 ; Lake Simcoe Region Conservation Authority (LSRCA) dated November 23, 2021 . Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. b" Tyler Kawall, agent on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Page 12 of 17 Page 17 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . Motion No. DSC211201-11 Moved by Veitch, Seconded by Scott It is recommended 1. That 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) Township of Oro-Medonte be received and adopted. 2. That the Development Services Committee grant Provisional Consent to Application 2021-B-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 DS2021-181. 3. That the Development Services Committee grant Provisional Consent to Application 2021-B-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 DS2021-181 . 4. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 13 of 17 Page 18 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . j) 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. 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 Kyla and Daniel Delong. The following correspondence was received: Township of Oro-Medonte, Operations Division dated November 15, 2021 (2); Township of Oro-Medonte, Building Division dated November 16, 2021 (2); Township of Oro-Medonte, Manager, Development Engineering dated November 16, 2021 (2); Severn Sound Environmental Association (SSEA) dated November 16, 2021 ; Lake Simcoe Region Conservation Authority (LSRCA) dated November 23, 2021 (2). Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Tyler Kawall, agent on behalf of the applicant, was present. A PowerPoint presentation was presented. X%6, X Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. AIIIIIF There being no further comments or questions, the hearing adjourned. Page 14 of 17 Page 19 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . Motion No. DSC211201-12 Moved by Keane, Seconded by Greenlaw It is recommended 1. That 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 be received and adopted. 2. That the Development Services Committee grant Provisional Consent to Application 2021-B-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 DS2021-182. 3. 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 DS2021-182. 4. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Motion No. DSC211201-13 sk Moved by DeSousa, Seconded by Veitch It is recommended that Rule 14.19a), as per the consolidated Procedural By-law No. 2017-165, be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement. Carried. Page 15 of 17 Page 20 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . 7. Reports of Municipal Officers: a) DS2021-184, Danielle Waters, Planner re: Minor Variance Application 2021-A-65, Al and Donna Billes, 25 Brambel Road. The Committee consented to allow additional information comments from Jamie Robinson, MHBC Planning, on behalf of the applicant; Matt Pryce, on behalf of the applicant; Al Billes, applicant; John McLellan, Craig Kirwin, and Andy Donovan on behalf of Brambel Road Ratepayers Association (BRRA). A friendly amendment was made, with consent of the Mover/Seconder, for Condition d) to add "and enhance" after the word "maintain". Refer to the Notice of Decision. Motion No. DSC211201-14 Moved by Scott, Seconded by Keane It is recommended - 1. That DS2021-184, Danielle Waters, Planner re: Minor Variance Application 2021-A- 65, Al and Donna Billes, 25 Brambel Road be received. 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 DS2021-184. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. 'C" Carried. 8. Next Meeting Date: Wednesday, January 5, 2022." Page 16 of 17 Page 21 of 272 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 1 , 2021 . 9. Adjournment: a) Motion to Adjourn. Motion No. DSC211201-15 Moved by Keane, Seconded by Veitch It is recommended that we do now adjourn at 10.19 p.m. Carried. An audio file is available through the Township's website. 66, Mayor H.S Hughes, Chair berek Witlib, Manager, Planning Services Page 17 of 17 Page 22 of 272 Notice of Public Meeting for Proposed Amendment to the Zoning By-law of f'r"d 14mwfv,,�xririeg 1=urur. the Township of Oro-Medonte 2021-ZBA-12 (Casiez) Due to the evolving public heath situation (COVID-19), the Township will livestream the Public Hearing over the internet for public viewing and participation. Please refer to the Township's website (oro-medonte.ca) for Public Hearing viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a "Complete" Application pursuant to the Planning Act on the 2nd day of December, 2021. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on January 5, 2022 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 2 Part Lot 2 Reference Plan 51 R39788 Parts 2, 3, 5 & 6 (Oro), municipally known as 2937 Ridge Road West. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone a portion of the subject lands from the Shoreline Residential Exception 134 (SR*134) and Agricultural/Rural Exception 134 (A/RU*134) zones to the Shoreline Residential Exception 142 (SR*142) and Agricultural/Rural Exception 142 (A/RU*142) zones with site specific development standards. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/m unicipal-services/planning-information. Written submissions can be made by: 1. Emailed to planning(d)-oro-medonte.ca prior to or during the Public Hearing; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705) 487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal (OLT) and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planning(a)-oro-medonte.ca. VVVNVI— If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Andria Leigh, Director, Development Services planninq(a)_oro-medonte.ca Dated at the Township of Oro-Medonte this 8t" day of December, 2021. Location Map f m a f 0 Pst n 260 R — a lam/ K w+r s I B (L& --------------------------0) M O r� 0) a- ' ti• (r) r O�0 N SW 7 I l'S a Q 0 h ! I z I ff c Illy i I Cv f I I 1 Proposed single I / detached dwelling I or z 5IB(OT) IBSM1J ° 72•.8.2 �f ro(vn i) mao W 38.61 (L&P)-- SSIG(VAT) 74:pp - -� - 39 TOP OF_ 3y 37.7t� WATER'S EDGE A RU AIRU-135 arRn-1`V. fl - R'�� .ArI�U-135 KR U-134 AYRU-142 E P-135 n SR-142 ✓ rr rrr SR'135 rr✓ ,. s✓rr 1 rj f rr r'rr SR'134 r��r✓� e4✓ r✓ ell rrr✓rir 1 rr rr✓�r�rr r r,✓r rfr rr✓,rr rr Lake Simcoe Lands to be rezoned from the Agricultural/Rural Exception (A1RU"134)Zone to the AgriculturallRural Exception(A1RU'142)Zone Lands to be rezoned from the Shoreline Residential Exception (SR*134)Zone r ✓ r to the Shoreline Residential Exception(SR"142)Zone 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... From: McCartney, Garry Sent: December 8, 2021 10:52 AM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Complete Application and Notice of Public Meeting - Development Services Committee Meeting January 05, 2022 (2021-ZBA-12) Casiez Building Division has no comments at this time. Thank you, Page 27 of 272 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... From: Saunders, David Sent: December 8, 2021 10:16 AM To: Planning<Planning@oro-medonte.ca> Cc: Falconi, Teresa <tfalconi@oro-medonte.ca>; Dedora, Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Complete Application and Notice of Public Meeting- Development Services Committee Meeting January 05, 2022 (2021-ZBA-12) Casiez 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 DAve Page 28 of 272 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... From: Metras, Justin Sent: December 8, 2021 11:02 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Complete Application and Notice of Public Meeting- Development Services Committee Meeting January 05, 2022 (2021-ZBA-12) Casiez Abbey Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 29 of 272 5.a) 5.30 p.m. Notice of Receipt of a omppl to Application; Notice of Pa... January , 2022 Development ServicesUommittee Lake Simcoe Region 5a) Additional correspondence received conservation authority www.LSRCA.on.ea January 5, 2022 Oro-Medonte File:2021-ZBA-12 LSRCA File No. ZO-117370-120921 Catherine McCarroll, Intermediate Planner Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Sent by E-mail to: cmccarroll@oro-medonte.ca Dear Catherine McCarroll: Re: Proposed Application for Zoning By-law Amendment Owner: Stan and Lorene Casiez Agent:Angela Baldwin, Baldwin Planning& Development Consultants 2937 Ridge Road West,Township of Oro-Medonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that this Zoning By-law Amendment application has been made to rezone a portion of the subject lands from the Shoreline Residential Exception 134 (SR*134) and Agricultural/Rural Exception 134 (A/RU*134) zones to the Shoreline Residential Exception 142 (SR*142) and Agricultural/Rural Exception 142 (A/RU*142) zones with site specific development standards. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Dec. 8t", 2021 • Agent's Letter, dated Oct. 101", 2021 • Applicant's Site Plan, dated Oct. 281", 2021 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The applications have also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Recommendation Based on our review of the submitted information, in support of this application, we have no objection at this time to the proposed Zoning By-law Amendment. We are satisfied from a watershed management perspective that this application can be made consistent with those applicable natural heritage and hazard policies of the PPS, and in conformity with applicable provincial policies, in the Lake Simcoe Protection Plan. 120 Bayview Parkway T 905.895.1281 Newmarket:, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 30 6fF274.800.465.0437 5.a) 5.30 p.m. Notice of Receipt of a Complete Applicatim NiodesogfoFa... Page 2of4 Please note that LSRCA staff request that the applicant and/or their agent reach out to discuss the Applicant's Site Plan, and to scope the requirements for a Shoreline Restoration Plantings Plan. Site Characteristics The subject property is partly regulated, as per Ontario Regulation 179/06 as made by the Conservation Authorities Act. This is reflective of Lake Simcoe, and its associated Shoreline Hazard Area. Lake Simone 2937 Ridge Road West,Oro-Medonte Features Region eonservaElon authorlEy �-y LSRC0.Watershed Boundary Y LSPP Watarshed 13oundary — R"Woon Boundary - Regulation Area Assessmenl Parcel Lot and Concession Watercourse Roads rw,y aoo s� A-I. 7 RbCie F.a ia.a�a Railway 28�t Rlp ROW Lower Tier Municipality 1'RI E RD P r l ' ►� z+a I Rude RnW P-ftd O, 1142022 a., nr w++.r pra.rag r Va rm.rprn • c_renrx.wMu�r w...I.errn rwwemwn wr .p,e..e���efsr.rw rer«.r ww i! nrlerc 1�l�w�Pri�WnMv 4�'a: ppu.fa�r,,e.rarire ur roar u: o.werr�rsr wYre ran a�rlru.. eo®nwrv'wrrxrnrr.�..wprurrvw.rro ��wawMwrM st+rw� o.f ruryer rr..rw�re+.�r.u. crar�at��r errs.xr era�r. Scale 1. 3.246 Motors The subject property is partly designated as 'Greenlands' towards the Ridge Rd. West, and 'Rural' towards the shoreline, as per the County of Simcoe Official Plan. The Township of Oro-Medonte Official Plan designates the property as 'Rural'towards Ridge Rd. West, and 'Shoreline'towards the shoreline of Lake Simcoe. Furthermore, the subject property is within the'Environmental Protection Two'area,as per Schedule A of the Township Official Plan. As per Schedule B 'Natural Features',this area is in relation to Significant Woodlands. Page 31 of 272 5.a) 5.30 p.m. Notice of Receipt of a Complete Applicatim NiodesogfoFa... 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). This proposal has demonstrated consistency 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. Ontario Regulations 179/06 applies to the subject property, development and site alteration is planned within the regulation limit, and therefore, an LSRCA permit is required. Advisory Comments 3. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte and the County of Simcoe in that we provide through a Memorandum of Understanding (MOU) as well as through our role as a public body, pursuant to the Planning Act. Lake Simcoe Protection Plan (LSPP) The LSPP provides policies supporting the protection of natural features, and their ecological functions. Policies 6.20-DP to 6.29-DP are applicable, as the subject property lies outside of a settlement area, and outside of both the geographic areas of the Greenbelt Plan and Oak Ridges Moraine Conservation Plan. Significant Woodlands, as well as Lake Simcoe itself, are identified as key natural heritage features through the LSPP. In the context of this proposal, policy 6.45-DP is applicable, and therefore (as per 6.45 b.,and c.)the proposed new development must demonstrate that use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure. The property is currently vacant, and the proposed development does appear to be located within the existing cleared area. The proposed single-detached dwelling could, through minor adjustment, be located more centrally within the existing cleared area. This would bring the proposal into better conformity with the LSPP. Maintaining development and site alteration within the existing cleared area would also minimize any required tree removal. Tree removal should be kept to a minimum and every effort should be made to locate the proposed new structures away from existing wooded areas. The proposed new accessory structure will also be located within the 30-metre minimum vegetation protection zone of Lake Simcoe. This location can be considered, pending the review and approval of a Shoreline Restoration Plantings Plan, to adequately buffer the new development from the shoreline itself. As per 6.27-DP, the establishment and maintenance of natural self-sustaining vegetation to the Page 32 of 272 5.a) 5.30 p.m. Notice of Receipt of a Complete Applicatim NiodesogfoFa... Page 4of4 extent and width of the associated vegetation protection zone would be required, to be detailed as part of the Shoreline Restoration Plantings Plan. If any natural, self-sustaining vegetation is removed along the Lake Simcoe shoreline, from a vegetation protection zone, and because of development or site alteration, as permitted under 6.45-DP, it is required that self-sustaining vegetation shall be re- established to the extent feasible, following completion of that activity(6.29-DP). Summary Based on our review of the submitted information, in support of this application, we have no objection at this time to the proposed Zoning By-law Amendment. We are satisfied from a watershed management perspective that this application can be made consistent with those applicable natural heritage and hazard policies of the PPS, and in conformity with applicable provincial policies, in the Lake Simcoe Protection Plan. Please note that LSRCA staff request that the applicant and/or their agent reach out to discuss the Applicant's Site Plan, and to scope the requirement for a Shoreline Restoration Plantings Plan. 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 subject property, and an LSRCA permit is required ahead of any development or site alteration within the regulation limit. 3. That a Shoreline Restoration Plantings Plan is to be prepared and reviewed by the LSRCA. 4. A discussion with LSRCA staff to review the Applicant's Site Plan and discuss minor relocation of the single-detached dwelling to become more compliant with the Lake Simcoe Protection Plan is requested. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. 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W H W ' W G eA LYL W A a � O w V U w _ o hn Q N � a to +-+ U �_ cnO • N O N a N a--+ O m cNi) Q U �, CU a +� U i 4-j 4-j 0 '> N � O ate-+ o 0 w ° x W A h (� i N � w Q Q U n U W X W 1 m L i S .m f L IA T V O o L L N O cB ` O N L O cB O E E Ln ro •� O L of aQ aQ a + L L Q (9 N a� Lnm 2 O Q Q O E U aL-+ y J N L, O N L N N r O � Ln M Ln m n .L .L— teL 00- X I a-+ w OU O NU L cn +, MN ! � L L N of fB O U U O L L L • L \ •� Ll1 fB N O O N N Q 3 3 cn N O O J J (n L (n L � L N L L Ln U L Q r 2e J 1 QJ N ea a4!rSCL W x X c Ill # oa 1 d o CL d 'C6 • LU E w E • � as Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2021-ZBA-13 (Fleming) Due to the evolving public heath situation (COVID-19), the Township will livestream the Public Hearing over the internet for public viewing and participation. Please refer to the Township's website (oro-medonte.ca) for Public Hearing viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a "Complete" Application pursuant to the Planning Act on the Th day of December, 2021. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on January 5, 2022 at 5:45 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 6 South Part Lot 19 (Medonte). A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone lands from Environmental Protection (EP) Zone to Agricultural/Rural (A/RU) Zone and to revise the EP Zone on the lands to accurately reflect the presence/absence of drainage, wetland and woodland features that exist on the property. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to planninq(d�oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705) 487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planninq(a)-oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should he aware that all information including r.nntact infnrmatinn contained within If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Andria Leigh, Director, Development Services planning(a-)oro-medonte.ca Dated at the Township of Oro-Medonte this 7t" day of December, 2021. Location Map 1 t N w�i, «Mw,nf laar•Rd 227 enesM1oeNalkyRd� , IdBa,^ir�[d� � r � it �ftiJyc '� ♦♦ 11 5833 1 ♦ , ,i ♦ ,f 5610 J �\ — f aQ ,1 . NQ) �O 1 1 5718 O J •' ;, T'8�7unLyC1 5970 5610 i 11 9,11 f6t� 11 1 1 i 1 1 [ + 1 •Y `I Y 5340 5615 Required Setbacks 13 Subject Lends �-a , Barn Setbacks EP Zane SFD Setbacks - �+ �'rnrrr!1-feri7ntr,E.1ii7i1+,g;Frrlrlrc EP 30m Setback 0 200 m M I 1 1 1 1 5.b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... From: Saunders, David Sent: December 7, 2021 1:37 PM To: Planning<Planning@oro-medonte.ca> Cc: Dedora,Abbey<adedora@oro-medonte.ca>; Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Complete Application and Notice of Public Meeting- Development Services Committee Meeting January 05, 2022 (2021-ZBA-13) Fleming Teresa Development Engineering has No Objection to the above noted ZBA. Previous Development Engineering Comments contained within the Azimuth Environmental EIS and NHE —Appendix B, 2.0—Development Engineering Division reflect the above noted. Regards David Saunders, B.E.S., C.E.T. 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O � O CO E Df a) N LLJ U � 0 N O L �• CO O O O O o o � o C� aa)) CO Q L r N Page 70 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-188 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # January 5, 2022 Minor Variance Application 2021-A-76 Roll #: Julia Masalova R.M.S. File #: 4365-010-012-09600 2239 Lakeshore Road East D13 60116 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-188 be received and adopted. 2. That Minor Variance Application 2021-A-76 by Julia Masalova specifically to permit the construction of a single detached dwelling addition with a reduced front yard setback to 4.23 metres (13.87 feet) and a reduced interior side yard setback to 1.27 metres (4.16 feet) on lands municipally known as 2239 Lakeshore Road East, be approved, subject to the conditions as outlined in Report DS2021-188. 3. The conditions are as follows: a) That notwithstanding Table B1 — SR, Front yard/Interior yard, the single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is no closer than 4.23 metres (13.87 feet) from the front lot line and 1.27 metres (4.16 feet) from the interior lot line; d) That the Owner shall pay all development fees to the Lake Simcoe Region Conservation Authority (LSRCA) in accordance with the approved Fees Policy under the Conservation Authorities Act and satisfy the permits and approvals required from the LSCRA; Development Services January 5, 2022 Report No. DS2021-188 Page 1 of 11 Page 71 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... e) That the Owner shall provide an updated site plan with existing sewage system location and a Septic Verification Report prior to or at time of Building Permit submission; f) That the owner maintains or improves the existing vegetation at the front and interior lot lines; and, g) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.1 hectares (0.25 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. The applicant has proposed to construct a second story addition to the existing dwelling as well as an addition that will extend out towards Lakeshore Road. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Table B1 — SR, Front yard Required. Proposed: 7.5 metres 24.6 feet 4.23 metres 13.87 feet Table B1 — SR, Interior yard Required. Proposed: 3.0 metres (9.8 feet) 1 .27 metres (4.16 feet) The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 1.1 .5 — Rural Lands, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Development Services January 5, 2022 Report No. DS2021-188 Page 2 of 11 Page 72 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... 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 location of the existing dwelling and the proposed addition is regulated by the LSRCA which 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 and protection of the lake. Supportive comments from LSRCA have been received. 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. Based on this, Planning Staff is of the opinion that this application is consistent with 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 as the lands subject to this application are already within an established shoreline 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, Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in development shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that this application conforms to the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Lake Simcoe Protection Plan (LSPP) Portions of the subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated this application and reviews Development Services January 5, 2022 Report No. DS2021-188 Page 3 of 11 Page 73 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... applications in the context of Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has reviewed the application and indicated that they are satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazards policies of the PPS. Planning Staff have reviewed the application in context to the LSPP and find it to be in conformity with the LSPP. The requirement for an LSRCA permit and engineered lot grading plan will ensure protection of water quality, shoreline and natural heritage features on the property. LSRCA recommend that any approval of this application should be subject to the condition that the owner obtain a permit from the LSRCA for works within the regulated area (included as condition 3(d) in the Recommendations section above). County Official Plan The property is designated Rural in 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 is consistent with the County's Official Plan as the proposed addition to the existing residential dwelling is permitted. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variances are considered to maintain the general intent and purpose of the Official Plan. Development Services January 5, 2022 Report No. DS2021-188 Page 4 of 11 Page 74 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. Single detached dwellings and by extension accessory uses to the residential use are permitted in the SR Zone. 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 purpose of an interior side yard setback is to be able to provide access around a structure for maintenance and to provide separation from neighbouring structures. The proposed setback will allow for access around the proposed addition. For the reasons outlined above, Planning Staff is of the opinion that the requested variances would maintain the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed 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 single detached dwelling addition 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. 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. 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 variances will keep the existing driveway and mature vegetation in place, therefore providing a buffer for the proposed structure from the neighbourhood. A condition has been included in the Recommendations section above for maintaining the existing front yard vegetation to ensure that this buffer stays in place. As the proposed variances for the single detached dwelling addition 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 Development Services January 5, 2022 Report No. DS2021-188 Page 5 of 11 Page 75 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... 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: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection, ELG required • Township Building Services 0 1 . Applicant to identify location of current sewage system and components (tank and piping) in relation to the proposed structure. 0 2. The applicant will be required to provide septic verification at or before building permit submission. • Township Infrastructure and Capital Projects — No comments • LSRCA — Permit required Development Services January 5, 2022 Report No. DS2021-188 Page 6 of 11 Page 76 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... 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-76 be approved, specifically, to permit the construction of a single detached dwelling addition with a reduced front yard setback to 4.23 metres (13.87 feet) and reduced interior side yard setback to 1 .27 metres (4.16 feet) on lands municipally known as 2239 Lakeshore Road East, 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 December 22, 2021 Andria Leigh, Deputy CAO/Director, Development Services December 22, 2021 Development Services January 5, 2022 Report No. DS2021-188 Page 7 of 11 Page 77 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map TTIIY e)wiT .Noenaton 2AII. Noraeaheevalie A. OM 6g�ie Ad. ml li;_ 385 4� `ze�une�noaa_ 2268 2260 2262 2256 2254 2258 2248 2252 2240 2242 2246 2250 2224 222E 2238 2220 2232 2236 2259 2226 2255 2261 2265 2216 223D 2234 3K h�Se Rd•�' 2251 2218 2222 �. es 2247 2253 2257 2239 2241 2245 2249 2231 2227 2243 2221 2235 2237 2217 2233 2223 2229 2210 2225 2215 Lake Simcoe Schedule 1 Location ®Subject Lands Proud Heritage,Exciting Future 0 100 M File Number.2021-A-76 Development Services January 5, 2022 Report No. DS2021-188 Page 8 of 11 Page 78 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo oa l.aKe j Schedule 2 Aerial Photo Township of — C3 Subject Lands — "— Proud Hevitage,Exciting Future 0 20 Sri File Number.2021-A-76 N I i i i Development Services January 5, 2022 Report No. DS2021-188 Page 9 of 11 Page 79 of 272 6.a) 6-00 p.m. DS2021-188, Danielle Waters, Planner re- Minor Variance A Schedule 3: Applicants Proposed Site Plan U I V vy 7 A I q bl ' * 4 k—K I I ---- I , ) ... I j iL. ........-A ASPHALT -------- ---------- rn 1—STOREY BRICK CI SIDED DWELLING T.B. TO FOUNDATION OT 0 PROPOSED TWO STC 06 0.50 ---------------- -- A S.F.D 7- 0 CfR?4 '410 4 I,Sr y 150151 111 -- --------- --- HIZOGI SSIB WOOD ON LINE --- ------- ---- WIT I ED I 0 < I.0 5 T. , I. r w 1 Y Y C, C, ON CV "V P N50'25'25"W L N HED E F CE 0CL HEDGE ON L NE (PI&SEr) 0.1 w 0 CL HEDGE 1± NW I-STOREY BRICK Schedule 3 Applicant's Site Plan File Number 2021-A-76 Proud Heritage,Excithig Future Development Services January 5, 2022 Report No. DS2021-188 Page 10 of 11 Page 80 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicants Elevation Drawings i I I 1 I ---- - ----- - I I j I I i I I I I i ,Ij I I I I r- i I i I II i I it i i i I I y I- -- LJ l - li y� • ^ 933 g Id. I•I F, ¢I I I I I i a a l ..._.. t.1 � i I I I I I . ....------- --------- ._J II I I -' I i I '�-•�1 -- I l — III:, I I •. �� III, I I I I I I I I, I I I„ w I I Qii li�. p LU Q III Ie •. II�..IIIoi. j W VI F w Z i� 3LL Schedule 4 Applicant's Elevations T,wnshzp i,f Q�o�.�Jccto File Number 2021-A-76 Proud Heritage,&xtitiri,Q Future Development Services January 5, 2022 Report No. DS2021-188 Page 11 of 11 Page 81 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... From: Saunders, David Sent: December 10, 2021 3:13 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-76) Masalova 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. Dave Page 82 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... From: Metras, Justin Sent: December 13, 2021 8:22 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-76) Masalova Abbey Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 83 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... From: Craig,Jason Sent: December 16, 2021 1:31 PM To: Planning<Planning@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca>; Wilson, Delanie <dwilson@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-76) Masalova Building Division comments are as follows; 1 . Applicant to identify location of current sewage system and components (tank and piping) in relation to the proposed structure. 2. The applicant will be required to provide septic verification at or before building permit submission. Thank you, Page 84 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... Lake Simcoe Region conservation authority www.LSRCA.on.ea December 17t", 2021 File No: 2021-A-76 IMS File No.:VA-173380-121421 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Sent by E-mail to: plan ning@oro-medonte.ca Dear Mr. Karaiskakis: Re: Proposed Application for Minor Variance Owner:Julia Masalova 2239 Lakeshore Road East,Township of Oro-Medonte Thank you for circulating the subject applications to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose and effect this variance is to construct an addition and second storey to an existing single detached dwelling. The applicant is seeking relief to the following sections of the Township's Zoning By-law 97-95: Table B1—SR, Front yard Required: Proposed: 7.5 metres (24.6 feet) 4.23 metres (13.87 feet) Table B1—SR, Interior yard Required: Proposed: 3.0 metres (9.8 feet) 1.27 metres (4.16 feet) Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Dec. 10t", 2021 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The applications have also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Recommendation Based on review of the submitted information, and after recent revisions to the proposal, we are satisfied that this proposal will be consistent with,and in conformity with the natural heritage and hazard policies of Provincial, 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 85 o-fF272.800.465.0437 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re- MAepsiV®ui spigmA... conservation authority Page 2 of 3 County, and local plans. On this basis, we recommend approval of this minor variance application, with the following conditions: • Ontario Regulation 179/06 of the Conservation Authorities Act applies. An LSRCA permit will be required ahead of any development or site alteration on-site. • 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 entirely within the regulated area as per Ontario Regulation 179/06 of the Conservation Authorities Act. This is due to the presence of Lake Simcoe and its associated Shoreline Hazard area. The subject property is designated Rural by the County of Simcoe Official Plan, Shoreline Residential as per the Township of Oro-Medonte Official Plan and is zoned as Shoreline Residential (SR) under the Township Zoning By-law 97-95. Lake Simcoe Region2239 Lakeshore East,Oro-Medonte Fetu^� consewa[::n auk^rx!:. ❑ LSRCA Watershed Boundary Q LSPP Watershed&wnaary 258 Lit itESwq RERD€ e- Regulation Boundary Regulat1on Area 22 LA HE5310 RE RD Agsessrnent Parcel 9� � Lot and Concession Wateronurae Roads '._283 LA HESFiORURD E �ea05mes 1 M.erxla Railway ,y ❑ Lower Ter Municipalily f r �• r li 2337 IA F6ESMORE ROE r�1 '.✓` 12117=21 s nrs+wr wr�rrr ieu�d�air y r uu rm hytin M LRMSNORE'ROE - .r.�rr rrr�e.a�.rmrvar..a,. r.P....arw.r..r �axwae rrfr onr�*wrs�t et.`oor�eow �_ -- aanuwria.rur�.�se..rryr�.rr.nr - Vim,.�.m�xner-aca.�„amr a r�s Scala V 406 21 O 1c 21 Page 86 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: MAepsiV®ul spigmA... conservation authority Page 3of3 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). Conformity with Section 3.1 of the PPS has been 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 required as part of this minor variance application. The development and site alteration proposed will be within the regulated area, and therefore, subject to an LSRCA permit. This permit is required before any development or site alteration may occur. Summary Based on review of the submitted information, and after recent revisions to the proposal, we are satisfied that this proposal will be consistent with,and in conformity with the natural heritage and hazard policies of Provincial, County, and local plans. On this basis, we recommend approval of this minor variance application, with the following conditions: • Ontario Regulation 179/06 of the Conservation Authorities Act applies. An LSRCA permit will be required ahead of any development or site alteration on-site. • 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 applies to this minor variance application. A permit under O.reg 179/06 will be required prior to any site alteration or development within the regulated area. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, xloq� Liam Munnoch Planner 1, Lake Simcoe Region Conservation Authority Page 87 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... January 5, 2022 Development Services Committee 6a) Additional correspondence received From: Susan Cowie<susanjimcowie@yahoo.ca> Sent:January 2, 2022 7:54 PM To: cindysnow@live.ca; Greenlaw, Randy<randy.greenlaw@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Hughes, Harry<harry.hughes@oro-medonte.ca>; Planning <Planning@oro-medonte.ca>; ptreloar@rogers.com Subject: [External] Minor Variance Application, Notice of Public Hearing,Jan. 5, 2022 1 received this notice Dec. 14, 2021 by Canada Post. My neighbour at 2239 is proposing to construct an addition and a second storey to the single detached dwelling. The applicant is seeking relief to the following sections of Zoning By-Law 97- 95. Single Detached Dwelling Table B1-SR, Front yard Required Proposed: 7.5 metres (24.6 feet). 4.23 metres (13.87 feet) Table B1-SR interior yard Required: Proposed: 3.0 metres (9.8 feet) 1.27 metres (4.16 feet) They want to build an addition in front of their house: 40 ft long by 27 ft wide, attached to the house. I was told because it is to be attached they can go the same height for the addition and the house which is two storey. I think this building will be too large for a 60 ft lot. It will be too close to the road with only a 13 ft. driveway. Also, too close to my property with a proposed variance of 4.16 feet when the required is 9.8 feet. Why does he need such a large addition? The size and location of the addition plus the bldg. of the 2nd floor on the existing dwelling will create a density of bldgs. in one area of the lot that will overwhelm the character of the applicants lot, my lot and the immediate area. I don't want to lose the hedge by damage or removal. If they cut the branches to the trunk it will kill the entire hedge, I will be looking at a large wall. If it is damaged they will have to restore and maintain it. It will be their responsibility to replace the hedge. I had the experience of a person who owned this same house cutting branches off to the trunk, it killed the trees. This is the reason for the ugly looking fence beside my garage. Why did the people applying for the variance application take the sign out of the ground? He must have been told to put it back. It is in a place low to the ground. If a person didn't know it was there they wouldn't see it. Does he have enough space on the opposite side of the house for an emergency vehicle to get to the lake? PROVINCIAL POLICY STATEMENT 2020 Does the proposal fall within the definition of development as set out in the PPS, quote "the development that is compatible with and builds upon the rural landscape". If the proposal is as large as it appears, on the site plan it will impact Page 88 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... negatively to any natural features or functions. As well it will have a negative impact on the quiet enjoyment and the tranquil use of my land. ARE THE VARIANCES DESIRABLE FOR THE DEVELOPMENT OF THE LOT? I submit that the development will adversely affect the mature vegetation on the interior/front lot line to provide a buffer. But no doubt the proximity of the addition to the side lot vegetation will cause permanent damage or destruction to the existing hedge which could destroy both sides of the hedge. PARAGRAPH 3 PLANNERS REPORT Indicates a single detached dwelling is to be built which will create two single detached dwellings on the lot. It is my understanding that this original plan of subdivision was created to support only one single detached dwelling. I don't object to the addition of the second storey to the existing single detached dwelling. Nor to the construction of a reasonable sized garage unit, not requiring a minor variance. I do object to the creation of a second single detached dwelling addition, either standing alone or by way of addition because it offends the character of this particular neighbourhood. With this proposed addition it potentially could lead to the use of short term rentals. Respectfully submitted Susan Cowie Page 89 of 272 R 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... From: Susan Cowie <susanjimcowie@yahoo.ca> Sent" Sunday,January 2,2022 7:54 PM TO. cindysnow@live.ca;randy.greenlaw@oro-medonte.ca; ralph.hough@oro-medonte.ca; harry.hughes@oro-medonte.ca;planning@oro-medonte.ca;ptreloar@rogers.com Subift-t Minor Variance Application, Notice of Public Hearing,Jan.5,2022 1 received this notice Dec. 14, 2021 by Canada Post. My neighbour at 2239 is proposing to construct an addition and a second storey to the single detached dwelling. The applicant is seeking relief to the following sections of Zoning By-Law 97-95. Single Detached Dwelling Table B1-SR, Front yard Required Proposed: 7.5 metres (24.6 feet). 4.23 metres (13.87 feet) Table B1-SR interior yard Required: Proposed: 3.0 metres (9.8 feet) 1.27 metres (4.16 feet) They want to build an addition in front of their house: 40 ft long by 27 ft wide, attached to the house. I was told because it is to be attached they can go the same height for the addition and the house which is two storey. I think this building will be too large for a 60 ft lot. It will be too close to the road with only a 13 ft. driveway. Also, too close to my property with a proposed variance of 4.16 feet when the required is 9.8 feet. Why does he need such a large addition? The size and location of the addition plus the bldg. of the 2nd floor on the existing dwelling will create a density of bldgs. in one area of the lot that will overwhelm the character of the applicants lot, my lot and the immediate area. I don't want to lose the hedge by damage or removal. If they cut the branches to the trunk it will kill the entire hedge, I will be looking at a large wall. If it is damaged they will have to restore and maintain it. It will be their responsibility to replace the hedge. I had the experience of a person who owned this same house cutting branches off to the trunk, it killed the trees. This is the reason for the ugly looking fence beside my garage. Why did the people applying for the variance application take the sign out of the ground? He must have been told to put it back. It is in a place low to the ground. If a person didn't know it was there they wouldn't see it. Does he have enough space on the opposite side of the house for an emergency vehicle to get to the lake? PROVINCIAL POLICY STATEMENT 2020 Does the proposal fall within the definition of development as set out in the PPS, quote "the development that is compatible with and builds upon the rural landscape". If the proposal is as large as it appears, on the site plan it will impact negatively to any natural features or functions. As well it will have a negative Impact on the quiet enjoyment and the tranquil use of my land. ARE THE VARIANCES DESIRABLE FOR THE DEVELOPMENT OF THE LOT? i Page 90 of 272 6.a) 6:00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... I submit that the development will adversely affect the mature vegetation on the interiorlfront lot line to provide a buffer. But no doubt the proximity of the addition to the side lot vegetation will cause permanent damage or destruction to the existing hedge which could destroy both sides of the hedge. PARAGRAPH 3 PLANNERS REPORT Indicates a single detached dwelling is to be built which will create two single detached dwellings on the lot. It is my understanding that this original plan of subdivision was created to support only one single detached dwelling. I don't object to the addition of the second storey to the existing single detached dwelling. Nor to the construction of a reasonable sized garage unit, not requiring a minor variance. I do object to the creation of a second single detached dwelling addition, either standing alone or by way of addition because it offends the character of this particular neighbourhood. With this proposed addition it potentially could lead to the use of short term rentals. Respectfully submitted Susan Cowie �r Page 91 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... January 5, 2022 Development Services Committee 6a) Additional correspondence received From: Cindy Snow<cindysnow@live.ca> Sent:January 3, 2022 7:02 PM To: Planning<Planning@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Hughes, Harry<harry.hughes@oro-medonte.ca>; Greenlaw, Randy<randy.greenlaw@oro-medonte.ca> Cc: Pennie Treloar<ptreloar@rogers.com>; Susan &Jim Cowie<susanjimcowie@yahoo.ca> Subject: [External] Minor Variance Application, Notice of Public Hearing,Jan. 5, 2022 This letter is being sent in regards to Application 2021-A-76, 2239 Lakeshore Road, E., the proposed construction of a second storey and an addition to the existing single detached dwelling. We have several concerns regarding this proposal; the septic system, foremost, is this going to be replaced to sustain the size of the new dwelling? We have our doubts that the septic will be up to code with the new building and the age of the current septic that services the 2 bathrooms. With the size of the lot, is this structure being constructed in compliance with Oro's planning and development requirements? (61 x 207.78) The size of this building will not be conducive to the properties along this road and will be a definite intrusion of our privacy, with a 2-storey building and decks overlooking our back yard. There is a reason for our 12ft hedges between neighbours, that is for everyone to enjoy their own private yard. This minor variance will definitely be detrimental to our neighbour Susan Cowie's privacy and most likely will destroy her hedge as well, with the 4.6 ft instead of the 9.8 ft required, we feel this is too large of an addition and second storey for the lot size, as well as the road side variance. How does this affect the water flow and drainage of normal flow of water during heavy rains that have been causing a huge issue in this area as of late. There has been ongoing construction at this property for over a year. I have not seen any posted permits; furthermore, there has been a number of trees removed without permission or permits, that I am aware of; excavators running during the day and night with lights on the lake side of the property, has the Lake Simcoe conservation authority or The township of Oro Medonte been aware of any of this taking place? Page 92 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... We have a strong suspicion that this second storey and addition proposed is for the purpose of a short-term rental property, which at this time is illegal in Oro- Medonte. We believe the applicants do not reside at this address. Our quality of life will be disrupted for an unknown period of time, with all the construction, large vehicles taking up or block the road; not to mention the amount of noise, that this proposed building will bring to our quiet street will be overwhelming. We moved here to enjoy the tranquility of lakeside living on a quiet street and pay higher taxes for that privilege, not to live beside a hotel or a construction site and we are opposed to this proposal. Regards, Cindy Snow & Mark Rafuse Page 93 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... Township of Oro-Medonte 148 Line 7 South January 5, 2022 Development Services Committee Oro-Medonte, Ontario LOL 2EO 6a) Additional correspondence received December 29, 2021 Att: Secretary Treasurer, Development Services RE: Minor Variance Application —Julia Masalova, 2239 Lakeshore Road East, Oro- Medonte WITHOUT MALICE OR PREDJUEST The sign on the front of the property advising all Residents on Lakeshore Road was immediately removed, therefore only property owners within a 200-foot area are aware of the proposed minor variance application. The application is proposing a 45%reduction on the front yard and a 57% reduction on the interior yard. Adding a 12 - 16-inch soffit would further impact the owner of 2237. If and when the existing mature hedge dies their view will be forever changed to that of the back of a garage? A 57% reduction by definition is not minor. We feel that doubling the size of the existing building on a 60' lot is not compatible with our rural landscape. The applicants proposed site plan and elevation drawings we have been provided with are miniscule and not legible, if in fact council have the proper plans etc., we are denied access to them because of Covid lockdowns and Christmas holidays. You should be made aware that all longtime residents in the immediate area are retired and range in age from 60 to 93, most in declining health.With no time limit on the construction the noise, upheaval and mental anguish could go on indefinitely. Page 94 of 272 6.a) 6-00 p.m. DS2021-188, Danielle Waters, Planner re- Minor Variance A The subject property has well served the last 3 owners for 50 years as a single-family residential property. We the undersigned feel that this application should be rejected or at the very least postponed until a further study be completed. Resp*c-_tfl Name Address 117 A -7 C:7J 2 Page 95 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... January 5, 2022 Development Services Committee 6a) Additional correspondence received From: Cindy Snow<cindysnow@live.ca> Sent:January 5, 2022 9:10 AM To: Planning<Planning@oro-medonte.ca> Subject: [External] MINOR VARIANCE - 2239 LAKESHORE RD. E. - 2021-A-76 Please see attached note and concerns regarding this proposal. Regards, Cindy c(4�S/ W DS2021-188—Minor Variance for 2239 LRE For the following reasons the committee is asked to dismiss this submission: 1. It is impossible to understand the scope and impact of the proposal as the dimensions and text of the elevations and site plans are unreadable. This makes informed public comment impossible. 2. The Plan View does not indicate which parts of the structure are existing and which are proposed. 3. There are no side elevations from which to gather an understanding of the impact of the second floor. For example: Are there windows proposed on the second floor of the 1.27 metre sidelot? 4. What is the area defined by the dark outline on the drawing? Is it a garage with a living area above? Is it two stories of a dwelling? 5. The second floor also appears to be inside of the required setback and there is no application for relief from this requirement in areas where there would not be a legal-non-conforming right. This is a possible requirement both along the second floor of the structure near the property line and in the area at the roadside of the proposed extension of the footprint of the structure. The proposed extension of the foot print can be seen by comparing the Site Plan to the overhead photograph. The Applicant should be asked to resubmit a plan view showing the elevations with the setback requirement dimensioned on it. 6. How large is the ground floor walkout on the lake side? Is it within the required setback? 7. Flooding along the lakeshore is a considerable problem and there is no site plan indication of a swale to handle surface water runoff which will otherwise be directed to adjacent properties. This could cause permanent damage to the adjacent properties. 8. What is the current square footage of the house and what will be the new square footage of the house? Page 96 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... 9. There is a "boathouse addition" shown on the site plan not otherwise mentioned in the application. Will this addition also be inside of the required setback? 10. The boathouse currently seems to be used for human occupancy and will have a deck at the front of it. How will boats be placed in the boathouse? What will be inside of the boathouse structure? Are there doors on the lake side of the boathouse to permit entry of boats? 11. How many bedrooms does the house have now? How many bedrooms will the house and boathouse have after construction? 12. There is no indication of the septic system location on site plan. Presuming that it must be on the lake side will there be access to that area of the property to install it? To maintain it? What will its capacity be? Is there sufficient room for a mantle for such a septic system given the size and use of the house? Will the tile bed be sufficiently distant from the lake? From wells? From structures? 13. No indication of septic system current capacity and future capacity on site plan? 14. There are no title blocks on the drawings that might indicate author, profession, date, legend or scale of the drawings. There are also no property lines on the elevation drawings that would provide an appreciation of the setback of the structure. Page 97 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... From: William Melbourne <wmelb@icloud.com> Sent: January 5, 2022 2:26 PM January 5, 2022 Development Services Committee To: Teeter, Janette <jteeter@oro-medonte.ca> 6a) Additional correspondence received Subject: [External] Fwd: Application 2021-A-76 This email originated from outside of Oro-Medonte's email system. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear Jeanette Teeters With respect to our telephone conversation please ensure that the following emails that were sent to the Planning department regarding the signage for variance at 2239 Lakeshore Rd E Oro-Medonte are included as evidence as to its removal which is against the by laws. Mr Curtis Shellswell , BY LAW Officer was notified and did a drive by on Jan 1, 2022 from a third complaint from us. We also request that the results of the hearing be sent tous. Sincerely William & Susan Melbourne Begin forwarded message: From: William Melbourne <wmelb(a)icloud.com> Subject: Fwd: Application 2021-A-76 Date: Dec 16, 2021 at 1:35 PM To: "Plan ning(a-)oro-medonte.ca" <r)lanning(a)oro-medonte.ca> Please be advised that the sign for Application for Variance has now been put behind a post partway down their driveway and is not visible from the street. Begin forwarded message: From: William Melbourne <wmelb(a)icloud.com> Subject: Application 2021-A-76 Date: Dec 16, 2021 at 12:13 PM To: plan ning(a-)oro-medonte.ca To Planning Department TWP of Oro-Medonte We noticed a sign across the street of Township of Oro-Medonte advising the neighbourhood of a Variance Application at 2239 Lakeshore Rd East Oro-Medonte has been made. It was then removed less than 24 hours of it being placed. Subsequently 4-5 days later we received a letter from the TWP advising us of this application for variance. Upon speaking with some neighbours that would be directly affected by this they were unaware of any sign. Your attention to reinstating this sign would be appreciated and beneficial regarding pending requests of changing the by-laws of our neighbourhood. Sincerely William and Susan Melbourne 2238 Lakeshore Rd east Oro-Medonte (705)353-0463 Page 98 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re- Minor Variance A... ��ri Ilk G Cu z / Cu - i Cu Ri Y � ry r ti n O Cu C) ry .Q- _0 U) Cu Q � N a CU L- a — � � a) ca 4-0 CU a) a) a Cu Cu L- > J -C a) O� U) O NL- • • . . a U) a O •V i -j w N O C) Page 99 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... ��ri O -0 Cu z > _O C/) Cu 0 U C/) Cu .Cn O 0 Q � Q E i cU O M Ca N LO o O O O }+ O -0 3r . . a . . a Cu (6 � a� � a� V O — p p Q- M Qti Q 'CQ U m 0- N 0- N Q O 7C) U O O C) 0) N Cu CO U) O 'L _U 0 OL � U c� X a) �' o O O O N � � o � �� a�a� — ,0 00 N4-0 O .� � � O Via) m F= CO E CL � ~ oM Page 100 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... ��ri o Cu z 3 °+ _O �C�u/'� VJ 5Cu � c - r N O N O_ Cu ~ .U • MV ,.` fig r� L ^ LL r U Cu ,\ ; Cu O 0 � a L CD Q Page 101 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re- Minor Variance A... ��ri Cu z 3 °+ _0 �Cu�/'� VJ Cu 3O�W+15 a ]AV] C �:o 4 w 919 Z Y In o le xz f .......... -�— "� ------ LO o i \ ril\ NP z er 71 U 1 F? 1 W Cu DO Z LZt ifs � —_'�<' \,,� '��(P I _ --�f�- .S�i•Iletp W CL Ow U N �+. -o s p b 6Z'9avo U g �Wu GH Cull08 Cu A�+ A Own V /CL ii Q Page 102 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re- Minor Variance A... ��ri Cu z 3 °+ _O �Cu�/'� VJ 5Cu Cu O I I W . . 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Cu 0 � a) U) a) a) C0 >> CO CO Q O m Q � N CO O w E� a) o N Q- N 4- Ca o Cu E � � — o L (� ,VCU o � LO CL i a) U) � � 0 -0 0 E Q -0 V a) N a) r- U) (a U) (� E � Q C6 L � o CU a) ,U) O U) �° o U Cu 4-0 }' cn > o }' 0 U) Q N O C� G Page 108 of 272 6.a) 6.00 p.m. DS2021-188, Danielle Waters, Planner re: Minor Variance A... 0 L � R _ W � Cu 2 Q C: L \ Q L 0 y C O O O O O L O O Q CU � Cu ) (Q_ LJJ CU Cu � a) _ L 0 a) ( a) 5 Cu = >'U >'70 OL .0 >.'LJJ _ a) O LO L � 4— CU � Q� 0 C > Cu M QD a) ca a) U O cnd) a) � 0 �Q a) M Cu L to >' N �m T7 0 a) E N � E � � a'L LU N O U N 0 Cu N v, L n E a) � p 00 C: O (B 00 O 0 to — (B (a 00 a) LLI cn a) " = 0 .V O > — � Cu C: N 'c� 0 O -0 0 C 0 C) 0 Cu E � Cu Cu O Cu U) `- CU ^ Cu OL Cu cD Q LL CU ? .rN 0 `— O U � t� U) "_' 0 � a) QCu CUCL Q a) a) N ca (0 •C: - a) O a) Cu CO Q Off . 0 0 � � L � Cu Q CO Cuj � u7 0 (II 0 O O to �_ Cu N CD-.— a) U) O 2 0 .� a) a) > O o Q � � o v � >,� � J �� � ++ (n (1) (a ti "- Cu (B Q U 0 0 M (� N v7 0 N Q 0- CU ca .>' C ) O Z ; 3: � a) c � � �.0 � > 0 Cu.� Q) L U � O 0 C: ^ C- CU � 0 0 0 = CU CU U O U O O Cu (Q a) Cu - U V H H H N� to N M A/ Page 109 of 272 6.a) 6.00 p.m. DS202:1-188, Danielle V/�ters, Planner re: Minor Variance A... 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Cu cn � � rn T< E � ., a) w .2 o ._ � E ) a) E - C U) Q 6- 0) > U_ to O 0001-% � O O a) V > LU C C)-Cu 0 — O J a) CO -a > a) L E a) O t > O O C O to Cu QL o Q Fu N � ca > O LL � L Ca 'M (U a) i L L L L O a- (u LL Cu O 00 " >, N Cu Cu N " � > L � O O O }' 6 Cu U QL � Cu Cu 3: (/j 1-1 c- Q N� a) O) Page 110 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... /o Township of l� Report kevlolffel Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-191 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # January 5, 2022 Minor Variance Application 2021-A-79 by Douglas & Roll #: Katherine Humphries R.M.S. File #: 4346-010-005-12100- 7 Oak Place D13-60186 0227 1 (Big Cedar Estates) Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-191 be received and adopted. 2. That Minor Variance Application 2021-A-79 by Douglas & Katherine Humphries, specifically for permission to permit a covered porch in the Environmental Protection Zone on the lands municipally known as 7 Oak Place, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-191. 3. The conditions are as follows: a. That notwithstanding Table A5 — permitted uses in EP, Section 5.18 — non-conforming use, Section 5.27 — setbacks from EP of Zoning By-law 97-95, the proposed covered porch shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed covered porch is to remain unenclosed; c. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d. That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services January 5, 2022 Report No. DS2021-191 Page 1 of 9 Page 111 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... Background: The subject property is located within Big Cedar Estates which is a residents-owned nonprofit retirement community containing 230 mobile homes on 188.6 acres of land at the Bass Lake Sideroad East and Line 12 North (refer to Schedules 1 and 2). This retirement community has existed for over 30 years. The property subject to the minor variance application currently supports a single detached modular dwelling. The applicant is proposing to replace an existing uncovered porch with a new covered porch. The applicant is requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 3.1, Table A5 — Permitted Uses (Environmental Protection (EP) Zone) Permitted: Proposed. Only existing uses permitted. Construction of a covered porch No buildings or structures, except those required within the EP zone. for flood or erosion control. Section 5.18 - Non-conforming Uses Permitted. Proposed: Buildings or structures existing before November Construction of a covered porch 5, 1997. within the EP zone. Section 5.27 — Setbacks from Limits of Environmental Protection Zone Required: Proposed: No building or structure shall be located within 30 0 metres/within the boundary of the metres (98.4 feet) of the boundaries of the EP Zone. Environmental Protection Zone. The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Development Services January 5, 2022 Report No. DS2021-191 Page 2 of 9 Page 112 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1 Natural Heritage, aims to protect natural features for the long term. This policy is relevant due to the proximity to a provincially significant wetland. Planning staff are confident that the proposed porch will not affect the natural heritage features as the location is within an established neighbourhood and the Nottawasaga Valley Conservation Authority (NVCA) has provided comments that do not identify any concerns and advising that a NVCA permit is not required. Planning Staff is of the opinion that this application is consistent with the Rural Areas and Natural Heritage policies of the PPS, as the application is associated with a residential development/use on the property that is permitted by the PPS and no natural heritage or natural hazard concerns have been identified by the agency (NVCA) with expertise in this regard. 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 porch is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already within an established residential area. Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This policy is relevant due to the proximity to a provincially significant wetland. Section 4.2.4, Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is applicable to this application. Planning staff are confident that the proposed porch will not affect the key hydrologic and natural heritage features as the location is within an established neighbourhood and the Nottawasaga Valley Conservation Authority (NVCA) has provided comments that do not identify any concerns and advising that a NVCA permit is not required. Based on the above, Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Rural, Greenlands and Agriculture in the County of Simcoe's Official Plan. The proposed porch will be located in the Rural designation. 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, Development Services January 5, 2022 Report No. DS2021-191 Page 3 of 9 Page 113 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... 2016). Section 3.7.4 permits limited residential development in the Rural designation, and staff would consider the proposed porch to be consistent with this permission. In Planning Staff's opinion, the application conforms to the general intent and purpose of the County's Official Plan by keeping with the rural character of the area and permitting a structure that is part of an existing residential development. The Committee should have regard to any County comments that may be received. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The subject land is designated Special Purpose Community Area in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation include mobile homes. This designation is intended to recognize existing residential developments that are not located within settlement areas in the Township and also to confirm that uses in these areas continue to conform to the "Environment First" policies of the Plan. In Planning Staff's opinion the proposed covered porch will be in keeping with the existing character of the neighbourhood, as many mobile homes in the area have similar porches. Planning staff do not believe the proposed construction will have a negative impact on the existing disturbed environment, based on the comments received from the NVCA. Therefore, based on the above, the requested variances pertaining to this application are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Environmental Protection (EP), Agricultural/Rural Exceptions 7 and 209 (A/RU*7 & 209) in the Township's Zoning By-law 97-95, as amended. The applicant is asking for a minor variance for the following sections from the Township's Zoning By-law 97-95, as amended: Section 3.1 , Table A5 — Permitted Uses (Environmental Protection (EP) Zone), Section 5.18 - Non-conforming Uses and Section Development Services January 5, 2022 Report No. DS2021-191 Page 4 of 9 Page 114 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... 5.27 — Setbacks from Limits of Environmental Protection Zone. The general intent of the Zoning By-law in not permitting structures within the EP zone is to protect the natural heritage system and features in the area. Planning staff are satisfied that residential use is an existing use of the property and the replacement and upgrade of a porch within the EP zone will not create any new impact on any natural heritage features. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted many similar porches in the area. The proposed structure will not interfere with functional matters such as parking and the septic system on the subject 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 Minor Variance is minor in nature, as the structure is not anticipated to have an adverse impact on the neighbourhood. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • 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 January 5, 2022 Report No. DS2021-191 Page 5 of 9 Page 115 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... 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 objection. • Nottawasaga Valley Conservation Authority— no concerns or permit requirements. • Huron-Wendat First Nation — Have asked if any archaeological studies or fieldwork will be necessary as part of this project? [Note: Planning Staff have responded to Huron-Wendat First Nation that the Township will not require any studies or field work.] Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-79 be approved, specifically to permit a covered porch within the EP zone on the lands municipally known as 7 Oak Place on the basis that the application is consistent with and conforms to Provincial policies and plans, conforms to the County and Township Official Plans, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Deputy CAO & Director, Development Services December 22, 2021 Development Services January 5, 2022 Report No. DS2021-191 Page 6 of 9 Page 116 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location map 7VItIr�•Rdi 2401 -M°°nstnneRtl. �T Horse -Vail y Bass gm•sa.,a-Ra. Lake �kidgg A°ad Z IN I� iJ 8 4 6 1888 2 1. cc�iaGrQ` petherw�'C` a 2400 Gte�1844 1808 2088 Big-Ce' 1792 — a 2417 p dlano Dr: dmeron- Bass-Lake-Srd �T 'J 1683 1952 1630 1599 1934 1811 1500 Schedule 1 Location Township ot.���/C�[-G Subject Lands Proud Heritage,Exciting Futwe Subject Site 0 400 m File Number:2021-A-79 AV I Development Services January 5, 2022 Report No. DS2021-191 Page 7 of 9 Page 117 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo n 7 -Maonstone0.d. Y- �T�II I i Mo sti�e1/al ey tl. rgld•B—ie-Rd.� �0.id9R. Aoad r` Schedule 2 Aerial Photo Subject Site Proud Heritage,Exciting Future 0 30 m File Number:2621-A-79 N ! ! Development Services January 5, 2022 Report No. DS2021-191 Page 8 of 9 Page 118 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicant Site Plan s � o Q s / i �J U J s e � e 3 4 Z ` � 1 O Z 1 u Development Services January 5, 2022 Report No. DS2021-191 Page 9 of 9 Page 119 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... From: McCartney, Garry Sent: December 13, 2021 8:21 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 January 05, 2021 (2021-A-79) Humphries Building Division has no comments at this time. Thank you, Page 120 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... From: Saunders, David Sent: December 13, 2021 3:18 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-79) Humphries Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 121 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... From: Dominic Ste-Marie <Dominic.sainte-Marie@wendake.ca> Sent: December 16, 2021 3:44 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Cc: Lori-Jeanne Bolduc<Lori-Jeanne.Bolduc@wendake.ca>; Mario Gros Louis <Ma rio.GrosLouis@wendake.ca> Subject: [External] RE: Notice of Public Hearing - Development Services Committee Meeting January 05, 2021 (2021-A-79) Humphries Kwe Abbey, Thank you for your email. Could you please let us know if any archaeological studies or fieldwork will be necessary as part of this project? Tiawenhk chia' onenh Dominic Ste-Marie � INS U f - ' NATION HURONNE-WENDAT Bureau du Nionwentsio ---ram Dominic Ste-Marie Conseiiler en gestion du territoire 255,Place Chef Michel-Laveau Wendake{Qc}GOA 4VO e Telephone:418-843-3767 Devez-vous vraiment imprimer ce courriel? Courriel:dominic.ste-mane a(?wendake.ca Pensons 6 Penvironnement Do you really need to print this email? Think to the environment Avis sur la protection et la confidentialite des informations L'information contenue dans ce courriel est confidentielle et proteg&en vertu des lois et reglements applicables.son contenu est reserve au(x)destinatairefsj a qui it est adresse.II est donc interdit de le diffuser ou d'en devoiler les intentions.Si vous recevez ce message par ,erreur,veuillez le detruire et nous en taire part clans les plus brefs delais. Warning on protection and confidentiality of information The information contained in this e-mail is confidential and protected in accordance with the applicable laws and regulations.Its content is intended specifically for the recipient{s)to whom it is addressed.It is therefore prohibited to distribute or to disclose the content.If you receive this communication by error,please destroy it and notify us as soon as possible. Page 122 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... From: Planning Dept<Planning@nvca.on.ca> Sent: December 20, 2021 12:27 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: [External] RE: Notice of Public Hearing - Development Services Committee Meeting January 05, 2021 (2021-A-79) Humphries Good Afternoon Dedora, The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the above referenced planning application and have determined the subject lands is not within: • a flood susceptible area; • a hazardous site (characterized by unstable soils or bedrock); • an erosion hazard area, or; • an area subject to this Authority's Development, Interference With Wetlands and Alterations To Shorelines and Watercourses Regulation (Ontario Regulation 172/06). • No Natural Heritage Features present Sincerely, Amy Knapp I Supervisor, Planning Services Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1T0 T 705-424-1479 ext.233 I F 705-424-2115 aknapp@nvca.on.ca I nvca.on.ca Page 123 of 272 6.b) 6.10 p.m. DS2021-191 , Derek Witlib, Manager, Planning Services re: ... f1 L — L rd W V, z 3 °+ E: y � Yy d�. 7 NJ PVT�t ) o O ti t N ;b v J lj O Cu .C) U) o � Q Q 4-0o � N x a (� W o ca Cu v 0-0 C � N o Cu Cu E ( Cn Cu p L- p .�= . . . . 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F P � t 4 Q Cu X .V W 7f I' � P ryA I lli I Page 130 of 272 6.b) 6.10 p.m. DS2021-191 , Dergk Witlib, Manager, Planning Services re: ... 0- CO 0 0 LU 0) � _ U CO w () N E U a) C:> O O Q _ 0 � � N to R 0 � (n N COCU (N, a) aH + L L N O E ° O (Q c O O I O O p C) ~ ti •- a) 0 LO Q L (n O Q 0 N M Cu O) a) 0_ 0 m 0 UY '� � O � � 0-0 (B +�—' a) U (n _ C:) U 0 a) a) t 0 0-) E Q LO _0 a) N E ° � 0 � � � p = �, E a) — � Sri .T o Q o N Cu ' a) 'V N O N �_ � ' CO Z3 � a) 0 _0 O E c O U_ 06 cn tf 0_ 0 °� 0- Q_ m }� to -0 O L U to O a) (n CU a) � � QE �° o m °Q C � U Z5 � Q Q -0 ° ° g q o > Q CO rn � � > m_0 0 � � cO � m L 70 70 > ° QN 0 " 0 °7o ^` U N O cB Q O O 0 70 m� 0 °Q O 0Q C . -0 (B C) N o QL Cu to0 �I, � �'L >� C ECOU 0NO a) U -00 — Cu > i (DN a) O LO O N Q E I U �' 0 0 0 — Q ° ° to O 0 N Oz _CU w -0 + I L L Q A+ 70 0 O = m m 70 > 0 0 cB cB cB Q a) I— N H H cB H � 70 O 0 � F- Qco F- co -0 U 7 Q I:T m A+ L Ii to Page 131 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-190 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # January 5, 2022 Minor Variance Application 2021-A-80 Roll #: Shirley & Peter Shelswell R.M.S. File #: 4346-010-009-13800 Concession 7 Part Lots 26 D13 60195 and 27 Reference Plan 51 R6384 Part 2 Oro Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-190 be received and adopted. 2. That Minor Variance Application 2021-A-80 by Shirley & Peter Shelswell, specifically for permission to recognize the existing detached accessory buildings with an increased floor area of 169.4 square metres (1,824.0 square feet) (building 1) and an increased floor area of 156.1 square metres (1,680.0 square feet) (building 2), a reduced setback of 0 metres (0 feet) from the Environmental Protection Zone, a reduced setback of 22.9 metres (75.0 feet) from the top of bank of the watercourse, to recognize the existing detached accessory buildings that are partially located in the Environmental Protection (EP) Zone and to recognize that the existing detached accessory buildings are to be located on the subject lands prior to the construction of a single detached dwelling, on lands known as Concession 7 Part Lots 26 and 27 Reference Plan 51 R6384 Part 2 (Oro), Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-190. 3. The conditions are as follows: a) That notwithstanding Section 5.1.6, Section 5.27, Section 5.32, Section 3.1 - Table A5, Section 5.18 and Section 5.1 .2, the existing detached accessory buildings shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the existing accessory buildings be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory buildings shall not be used for human habitation, agricultural or commercial purposes or for a home industry; Development Services January 5, 2022 Report No. DS2021-190 Page 1 of 16 Page 132 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... d) That the applicants maintain and preserve the existing vegetative buffer along the east interior side lot line, or replaced with a similar vegetative buffer if destroyed; and, e) Notwithstanding Section 5.1 .6 (Maximum Floor Area), detached accessory buildings on these lands on the date of approval of this Minor Variance application shall only be used for the purpose of residential accessory buildings, and any new or replacement accessory building(s) and structure(s) shall comply with Section 5.1 of the Zoning By-law. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject lands are located on the west side of the Harbourwood Subdivision. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. On November 3, 2021, the Development Services Committee granted Consent Application 2021-B-41 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 (refer to Schedule 3). As a condition of the Consent approval, Minor Variance Application 2021-A-80 is requesting relief from the following sections of Zoning By-law 97-95: Section 5.1.6 — Maximum floor area for a detached accessory building (Building 1) Required. Proposed: 100.0 square metres (1,076.4 square feet) 169.4 square metres (1 ,824.0 square feet) Section 5.1 .6 — Maximum floor area for a detached accessory building (Building 2) Required. Proposed: 100.0 square metres (1,076.4 square feet) 156.1 square metres (1 ,680.0 square feet) Section 5.27 — Setbacks from Limits of Environmental Protection Zone Required: Proposed: 30.0 metres 98.4 feet 0 metres 0 feet Section 5.32 — Setback from the top of bank of the watercourse Required. Proposed. 30.0 metres 98.4 feet 22.9 metres 75.0 feet Section 3.1, Table A5 — Permitted Uses Environmental Protection EP Zone Permitted: Proposed: Only existing uses permitted. Recognize existing detached accessory No buildings or structures, except those buildings that are partially located in the EP required for flood or erosion control. Zone. Development Services January 5, 2022 Report No. DS2021-190 Page 2 of 16 Page 133 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... Section 5.18 - Non-conforming Uses Permitted: Proposed: Buildings or structures existing before Recognize existing detached accessory November 5, 1997. buildings that are partially located in the EP Zone. Section 5.1.2 — Timing of Construction Required: Proposed: No accessory building shall be erected Recognize that the existing detached before the main building on the lot. accessory buildings are located on the subject lands prior to the construction of a single detached dwelling. The applicant's site plan is included as Schedules 3 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) (2020) The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial 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 and Section 3.1 — Natural Hazards 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 this minor variance application. No new buildings or structures are proposed as part of this application; therefore, no adverse impacts are anticipated on the natural heritage features. Based on the above, Planning Staff is of the opinion that this 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 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. Section 4.2.2 Natural Heritage System has also been reviewed by Planning Staff with respect to the minor variance application. The Natural Heritage System policies regulate, restrict or prohibits development and site alteration in or adjacent to Key Development Services January 5, 2022 Report No. DS2021-190 Page 3 of 16 Page 134 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... 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). This application seeks to recognize existing buildings. Since there is no proposed development; no adverse impacts are anticipated on the natural heritage features as a result of this minor variance application. Based on the above, Planning Staff are satisfied that the proposed variances are considered to conform to the policies of the Growth Plan. Lake Simcoe Protection Plan (LSPP) Portions of the subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA) due to the presence of two watercourses (Lakeview Creek and Shelswell Creek) which both run through the property, a wetland and woodland. Planning Staff have reviewed the application in context to the Lake Simcoe Protection Plan (LSPP) and find it to conform. Furthermore, the LSRCA was circulated the subject application and provided comments dated December 17, 2021 (refer to Schedule 5). Based on their review of the application, they 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, LSRCA has recommended approval of this application. Any new development or site alteration within the regulated area would require further study to address the impact of development on these natural features and a permit from the LSRCA; however, no new development or alterations to the existing buildings are proposed at this time. County Official Plan The subject lands are designated `Greenlands' with a portion of `Rural' over the merged lands, in accordance with the County of Simcoe Official Plan. In Planning Staff's opinion, the legalization of the existing detached accessory buildings will not impact the character of this shoreline residential area and will not have any adverse impacts on the adjacent natural heritage features. 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. Development Services January 5, 2022 Report No. DS2021-190 Page 4 of 16 Page 135 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated `Rural' and `Environmental Protection Two' in "Schedule A — Land Use" of the Township's Official Plan and the benefitting lands which will be merged with the lands containing the accessory buildings are designated `Shoreline'. The Environmental Protection Two overlay designation applies to components of the natural heritage system that are not included within the Environmental Protection One designation and not within the Oro Moraine Planning Area. A large portion of the lands are designated Environmental Protection Two due to the presence of significant woodlands. The property also contains two watercourses and wetlands. The portion of the property containing the accessory buildings is designated `Rural'. The objectives of the Rural designation area are: • To preserve and promote the rural character of the Township and the maintenance of the open countryside. • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. Permitted uses in this designation include single detached dwellings and, by extension, accessory uses. The proposed variances conform to the general intent and purpose of the Official Plan as the continued use of the two existing detached accessory buildings is not anticipated to have an adverse impact on the character of this shoreline residential area and, since there is no proposed development as part of this application, there are no anticipated adverse impacts on the adjacent natural heritage features. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject lands are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended, and the benefitting lands through Consent Application 2021-B-41, are currently zoned Shoreline Residential (SR) and Environmental Protection (EP) (refer to Schedule 4). According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1. One of the conditions of consent required the applicants to obtain a Minor Variance to recognize the two existing oversized detached accessory buildings that are located on the lands to be severed and merged with 166 Lakeshore Road West. Although the location of the buildings is zoned Agricultural/Rural (A//RU) and Environmental Protection (EP), the total merged lands are not large enough to support any agricultural uses. An agricultural building, which would have been permitted on the original lot, is not permitted on lots under 2.0 hectares (4.94 acres) in size. Since the total merged lands are approximately 0.7 hectares (1.8 acres), the buildings must be classified as accessory buildings. The maximum permitted size for an accessory building in the A/RU Zone is 100.0 square metres (1 ,076.4 square feet). Therefore, the Development Services January 5, 2022 Report No. DS2021-190 Page 5 of 16 Page 136 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... applicants have requested a Minor Variance to recognize the existing oversized buildings with a maximum floor area of 169.4 square metres (1 ,824.0 square feet) for one building and a maximum floor area of 156.1 square metres (1 ,680.0 square feet) for the second building. Detached accessory buildings are subject to maximum size restrictions to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. The location of the accessory buildings, towards the rear of the merged lands, and the dense vegetation, helps ensure that the buildings do not stand-out, look out of place or detract from the character of this established neighbourhood when viewed from the road. At this time there are currently no other buildings on the merged lands and there are no immediate plans from the applicant to build a single detached dwelling. Therefore, a variance is requested from Section 5.1 .2 — Timing of Construction, to permit the accessory buildings on the lot prior to a single detached dwelling. The timing of construction provision is to ensure that residential dwellings are the primary use of the lands and to ensure that accessory buildings are not used temporarily for residential purposes, which they are not designed for, and not used for non-residential purposes, such as commercial uses. Planning Staff have recommended a condition of approval that the buildings not be used for human habitation, commercial purposes or for a home industry. Section 5.27 of the Township's Zoning By-law prohibits buildings and structures within 30 metres (98.4 feet) of the boundaries of the Environmental Protection Zone and Section 5.32 prohibits buildings and structures within 30 metres (98.4 feet) of the top of bank of a watercourse. The applicants are seeking relief from the Zoning By-law to recognize the two existing detached accessory buildings that are partially located in the Environmental Protection (EP) Zone and located 22.9 metres (75.0 feet) from the top of bank of the watercourse. The Environmental Protection Zone serves to preserve and protect environmental features, specifically in this case, it acts as a buffer around the watercourse which runs to the west of the existing buildings. The applicants are not proposing any changes to the existing accessory buildings; therefore, there are no adverse impacts anticipated on the natural heritage features. Based on the above, Planning Staff are satisfied that the existing detached accessory buildings would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the existing detached accessory buildings have a minimal impact on the surrounding properties, as the accessory buildings are located more than 60.0 metres (196.9 feet) from the front lot line, the property is heavily treed and there is a row of large cedar hedges long the east lot line adjacent to the Harbourwood Subdivision. Therefore, Planning Staff believe that these buildings are appropriate within this context. A similar structure may not be supportable on every property within this neighbourhood depending on size, location and screening from view. Planning Staff recommended that as a condition of the minor variance that the applicants maintain and preserve the existing vegetative buffer along the east interior Development Services January 5, 2022 Report No. DS2021-190 Page 6 of 16 Page 137 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... side lot line, or replace with a similar vegetative buffer if destroyed to ensure that the buildings remain screened from view from the neighbouring properties. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the existing detached accessory buildings are not causing any adverse impacts on the neighbouring properties as the property is heavily treed which helps screen the buildings from view, they are located towards the back of the property away from the road and their continued use for personal storage is not anticipated to have any adverse impacts on the adjacent natural heritage features. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan 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. Development Services January 5, 2022 Report No. DS2021-190 Page 7 of 16 Page 138 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. • Township Building Division — No comments. • Severn Sound Environmental Association - As the two existing oversized detached accessory buildings are located outside of the Wellhead Protection Areas for the Harbourwood municipal drinking water system, policies in the South Georgian Bay Lake Simcoe Source Protection Plan would not apply. Therefore, neither section 57 (prohibition) nor section 58 (risk management plan) of the Clean Water Act would apply to this application as it is currently presented. • Lake Simcoe Region Conservation Authority— Comments dated December 17tn 2021 are attached as Schedule 5 to this report. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Existing Zoning Schedule 5: LSRCA Comments dated December 17, 2021. Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-80 be approved, specifically to recognize existing detached accessory buildings with an increased floor area of 169.4 square metres (1,824.0 square feet) (building 1) and an increased floor area of 156.1 square metres (1 ,680.0 square feet) (building 2), a reduced setback of 0 metres (0 feet) from the Environmental Protection Zone, a reduced setback of 22.9 metres (75.0 feet) from the top of bank of the watercourse recognize the existing detached accessory buildings that are partially located in the Environmental Protection (EP) Zone and to recognize that the existing detached accessory buildings are located on the subject lands prior to the construction of a single detached dwelling on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services December 22, 2021 Andria Leigh, Deputy CAO/Director Development Services December 22, 2021 Development Services January 5, 2022 Report No. DS2021-190 Page 8 of 16 Page 139 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re-... Schedule 1: Location Map .peo6s��eaa: 402 175 281 r 9� 321 Rn. d 381 349 4 401 µ 455 601 In 4 36� 32 8 24 �20 6 8 2 1 S1 34 30 28 26 32 28 38 36 34 30` 26 22 A 1p� 0. "V3331 29 25 2 1 E1vY.n Craz3 19 14 41 639 18 1614 12 b 43 42 33 29 27 25 15 22 20 a St. 44 47 11 7 5 1ge7�f� 11 9 40 g 48 .. ve.n fS'ti' 21 22 20 50 7 9 28 26 24 1 3 5 36 1 2 27 5254 56 60 58 5654 5250 48 44 S 31 helswe4l B4vd. 29 25 23 51 4,q 47 118 112 60 61 57 55 53 59 1075 1073 166 64 9 6 125 1074 Vj mod. td174 SnOve 192 ai/\a K e c J 220 216 y 191 Lake 2M 4�h� Simcoe 2 1 219 Schedule 1 Location ®Subject Lands Proud Heritage,Fxcitiug Future 0 300 m File Number:2021-A-80 Q 1 i 1 1 Development Services January 5, 2022 Report No. DS2021-190 Page 9 of 16 Page 140 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re'... Schedule 2: Aerial Photo ^—^VaseY'Ra. .neosia„eaa. pneehi eYa ley.`<d.- lkidge Road 4 r EI�+Y�n•Cres r� a�. Cave n rY �� swell 81 Will � � Lakesh. Schedule 2 Aerial Photo 4' Township of LD Subject Lands Proud Heritage,Exciting Future 0 200 M File Number:2021-A-80 N I 1 1 1 1 Development Services January 5, 2022 Report No. DS2021-190 Page 10 of 16 Page 141 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re-... Schedule 3: Applicant's Site Plan t WoO.G o AIJRU C'� C ti fJ/ _ +3 IQ� kg4 r�d,Si}' 5EvF Cr EC? ram•'` 3� Existing oversized L A A detached accessory � ;�•. }' buildings t V , N 39#3oao C. ter' r+�. s�o r.p e� 9T3 8' DEED r ` ' elm ,i, . ► I AMA Lands conditionally merged ICA ' through Consent Application +n lu1� � CWa �a�l �+�� h g ,R4�rI sit 4meT _�,�+R0 s 2021—B-41 . ;j; 74 i } .� AteL Aa�n W 1 �j .� .e s� s ER E.Err_TC- ROdp Schedule 3 Applicant's Site Plan File Number 2021-A-80 Proud Hcrita�Le,Fxciiht, Future Development Services January 5, 2022 Report No. DS2021-190 Page 11 of 16 Page 142 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re-... Schedule 4: Existing Zoning v'—"u. AJRU 1 , E -paon Faaeaa. AIRU T isesYoeNale Rd. AJRU A/RU A/RU C C A/RU EP EP A/RU 1 m R1 3 ta,ot' rr n Ores. �c�' R1 R1 E C!� R1 AJRU coventry os RS i R1 Sh0swe1161�d° u A/RU OS Ri S Os V) Ftd. cod Lake5b. SR l SR C_ SR SR J S Schedule 4 0 RI(Residential One) s Existing Zoning 0 SR(Shoreline Residential) township 4f LI(Local Industrial) 1 ® A/RU(Agricultural/Rural}Subject Lands Proud Heritage,Exciting Future EP(Environmental Protection) OS(Open Space) .4 0 200 m File Number:2021-A-80 Development Services January 5, 2022 Report No. DS2021-190 Page 12 of 16 Page 143 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... Schedule 5: Lake Simcoe Region Conservation Authority Comments dated December 17, 2021. Lake Simcoe Region con�eruation authcrity www.LSRGA,on.ca December 1r,2021 File No:2021-A-80 IMS File No.:VA-14821-120921 Andy Karaiskakis,Secretary-Treasurer,Development Services Township of Oro-Medonte 149 Line 7 South Ora-fuledonter Ontario LOL 2€0 Sent by E-mail to:plann i ng@tiro-mtd ar te.ca Dear Mr-Karaiskakis,. Re: Proposed Application for Minor Variance Own ers:Shifleyand Peter Shelswell Concession 7 Part tots 26&27 Reference Plan 51R6384 Part 2 10rol Thank you for circulating the subject applications to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment-We understand that the purpose and effect this variance is to recognize two existing oversized detached accessory buildings.The applicants are seeking relief from the following sections of Zoning By-law 97-95: Section 5.1.6—Maximum floor area for a detached accessory building{Building 1) Required: 100.0 square metres(1.076.4 square feet) Proposed: 169-4 square rnetres 11,824.0 square feetp Section S.1.6—Maximum floor area for a detached accessory building(Buirding 2) Required:100.0 square metres(1,076.4 square feet) Proposed: 155-1 square rnetres 11,680.0 square feet] Section 5.27—Setbacks from Limits of Environmental Protection Zone Required_30.0 rnetres 198.4 feetl Proposed:0metres(0feet) Section 5.32—Setback from the top of bank of the watercourse Require d=30.0 metres{98.4 feetl T�.22.9 metres(75.0 feet) 120 F3ayview Parkway T 905.895.1281 Newmarket, Ontario UY 3W3 F 905.853,5881 Member of Conservation Ontario TF 1.800,465,0437 Development Services January 5, 2022 Report No. DS2021-190 Page 13 of 16 Page 144 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re-... Lake Simcoe Region conservation authority Page 2 of 4 Section 3.1,Table AS—Permitted Uses(Environmental Protection(EP)Zone Permitted: Only existing uses permitted-No buildings Proposed: Recognize existing detached ac€essory o r st ructu res,except those required for flood or buildings that are partially Located in the EP Zone. erasion control. Section 5.19-Mon-conforming Uses Permitted:Buildings or structures existing before Proposed: Recognize existing detached accessory November 5,1997- buildings that are partially located in the EP Zone. Section 5.1.2—Timing of Construction Required:No accessory building shall he erected Proposed: Recognize that the existing detached before the rnain building on the lot. accessory buildings are located on the subject lands prior to the constru€tion of a single del ached dwelling- The variances relate to Consent Application 2021-B-41,which LWaS conditionally approved by Development Services Committee on November 3,2021. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package,dated Dec-161°,2021 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS,20201 and as a regulatory authority under Ontario Regulation 179/06. The applications have also been reviewed through our role as a public body under the Planning Act as per our CA Board approved Policies. Reccmmendatlon Based on our review of the submitted information, in support of this applicationr 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 Characterlstics The subject property is partly regulated under Ontario Regulation 179/06, as per the Construction Authorities Act-This is due to the presence of a watercourse(Lakeview Creek)which runs through the property and includes both the floodplain hazard area and meander belt area of the watercourse-The property also contains mapped Significant VWDodlands. The property appears designated as Rural by the County of Sim€oe Official Plan,and is designated as Rural, and Shoreline under the Township of Oro-Medonte Offi€ial Plan- The property appears zoned as Agricultural/Rural (AJRtJ)Zone,and Environmental Protection{EP}Zone,as well as Shoreline Residential{SR)Zone,as per the Township of Oro-rvleaDnte Zoning By-law 97-95. Development Services January 5, 2022 Report No. DS2021-190 Page 14 of 16 Page 145 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... Lake Simcoe Region conservation auttionty Page 3 of 4 Lake Lands conditionally merged ,,,,,,.�,,.�.,, through Consent AppHtation Q umruw2raiwae.b.v MI-B-41 Q WPWrsi%W 111110iren deuwrr III�wM AW Arrw«r o 7] Lee see Cm"— VN�e.ria.nr n..e. - Approximate location of w.�� R lands conditionally merged - through 2021-H--41 • 0 ww+*i.rr i nm hwR rimer sit i� �s / 41 !2 Delegated Responsibility and Statutory Comments: 1- LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020).This proposal has demonstrated consistency with section 3.1 of the PPS. 2. 1-511CA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 1/9/0b. i his regulation,made under Section 28 of the Lonservotion 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. BREA also regulates the alteration to or interference in any way with a watercourse or wetland. Development Services January 5, 2022 Report No. DS2021-190 Page 15 of 16 Page 146 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... Lake Simcoe Region a- nservatmn autho i.y Page 4 of 4 Ontario Regulations 179f06 applies to the subject property. Any new development or site alteration v.(ithin the regulated area requires perm it from the LSRCA. Advisory Comments 3. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-fvledonte and the County of Simcoe in that we provide through a Memorandum of Understanding(MOU]as well as through our role as a public body,pursuant to the PloriMng Act. Natural Heritage As the subject property, conditionally merged through Consent Application 2021-B-41, contains both Significant VVDodlands and a watercourse Lakeview Creek),any future development of these lands may require further study to address the impact of development on these natural features-This would be addressed through future Planning Act application. Summary Based on our review of the submitted information, in support of this 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 to the subject property.Any development or site alteration will require permit from the LSRCA,ahead of issuance of municipal building permits. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned referencing the above file numbers in any correspondence- Please advise our office of any decision made with regard to this matter. Sincerely, Liam Munnoch Planner i Lake Simcoe Region Conservation Authority Development Services January 5, 2022 Report No. DS2021-190 Page 16 of 16 Page 147 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... From: Saunders, David Sent: December 10, 2021 10:31 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-80) Shelswell Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 148 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... From: McCartney, Garry Sent: December 16, 2021 10:03 PM To: Planning<Planning@oro-medonte.ca> Cc: Wilson, Delanie <dwilson@oro-medonte.ca>; Craig,Jason <jcraig@oro-medonte.ca> Subject: FW: Revised Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-80) Shelswell Building Division has no comments at this time. Thank you, Page 149 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... From: Melissa Carruthers<MCarruthers@severnsound.ca> Sent: December 16, 2021 8:47 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: [External] RE: Notice of Public Hearing - Development Services Committee Meeting January 05, 2021 (2021-A-80) Shelswell Hi Abbey, Thank you for the circulation on the Minor Variance Application 2021-A-80. As the two existing oversized detached accessory buildings are located outside of the Wellhead Protection Areas for the Harbourwood municipal drinking water system, policies in the South Georgian Bay Lake Simcoe Source Protection Plan would not apply. Therefore, neither section 57 (prohibition) nor section 58 (risk management plan) of the Clean Water Act would apply to this application as it is currently presented. Thank you! Melissa Carruthers Risk Management Official / Risk Management Inspector Severn Sound Environmental Association 489 Finlayson St, P.O. Box 460, Port McNicoll, ON LOK 1 RO P (705)534-7283 ext. 205/ Fax (705)534-7459 MCarruthers(cDsevernsound.ca I www.severnsound.ca I (o)SSEA SSRAP Page 150 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermediate Planner re:... Lake Simcoe Region conservation authority www.LSRCA.on.ea December 17', 2021 File No: 2021-A-80 IMS File No.:VA-14821-120921 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Sent by E-mail to: plan ning@oro-medonte.ca Dear Mr. Karaiskakis: Re: Proposed Application for Minor Variance Owners:Shirley and Peter Shelswell Concession 7 Part Lots 26& 27 Reference Plan 51R6384 Part 2 (Oro) Thank you for circulating the subject applications to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose and effect this variance is to recognize two existing oversized detached accessory buildings. The applicants are seeking relief from the following sections of Zoning By-law 97-95: Section 5.1.6—Maximum floor area for a detached accessory building (Building 1) Required: 100.0 square metres (1,076.4 square feeTropose d: 169.4 square metres (1,824.0 square feet) Section 5.1.6—Maximum floor area for a detached accessory building (Building 2) Required: 100.0 square metres (1,076.4 square feeTropose d: 156.1 square metres (1,680.0 square feet) Section 5.27—Setbacks from Limits of Environmental Protection Zone Required: 30.0 metres (98.4 feet) Proposed: 0 metres (0 feet) Section 5.32—Setback from the top of bank of the watercourse Required: 30.0 metres (98.4 feet) Proposed: 22.9 metres (75.0 feet) 120 BayWiew Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 151 o-fF272.800.465.0437 6.c) 6:20 p.m. DS2021-190, Catherine McCarroll, Intermed iFRIatI"r0ne:... conservation authority Page 2of4 Section 3.1, Table A5—Permitted Uses (Environmental Protection (EP) Zone) Permitted: Only existing uses permitted. No buildings Proposed: Recognize existing detached accessory or structures, except those required for flood or buildings that are partially located in the EP Zone. erosion control. Section 5.18 - Non-conforming Uses Permitted: Buildings or structures existing before Proposed: Recognize existing detached accessory November 5, 1997. buildings that are partially located in the EP Zone. Section 5.1.2 —Timing of Construction Required: No accessory building shall be erected Proposed: Recognize that the existing detached before the main building on the lot. accessory buildings are located on the subject lands prior to the construction of a single detached dwelling. The variances relate to Consent Application 2021-B-41, which was conditionally approved by Development Services Committee on November 3, 2021. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Dec. 16th, 2021 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The applications have also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Recommendation Based on our review of the submitted information, in support of this 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 presence of a watercourse (Lakeview Creek) which runs through the property and includes both the floodplain hazard area and meander belt area of the watercourse. The property also contains mapped Significant Woodlands. The property appears designated as Rural by the County of Simcoe Official Plan, and is designated as Rural, and Shoreline under the Township of Oro-Medonte Official Plan. The property appears zoned as Agricultural/Rural (A/RU) Zone, and Environmental Protection (EP) Zone, as well as Shoreline Residential (SR) Zone, as per the Township of Oro-Medonte Zoning By-law 97-95. Page 152 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, IntermedG iFRIitI"f0Pe:... conservation authority Page 3of4 Lands conditionally merged Features Lake Simcce Region through Consent Application 5RCA Watershed Boundary �•rTI• conservation authority 9 PP L - 2Q21•13•41 0 tSPP Watershed Boundary _ — Regulation Boundary Regulation Area '} �•` Assessment Parcel Lot and Cake on Wate O UrSe Roads Approximate location of -YVo5-h lands conditionally merged through 2021-5-41 Raui,.�y ❑ Laver Tor MunicpaW r a.eec c>n 12.172021 F�d' Y�� +i,�i •rYwy. a16r+a w+ra4e�4rarre.wr 'P - ..er rrwnrr..trrw.r w.r.• � rrr our ra...e.•..r. w.aeuat swe..owrr,r.rtavr moot+rwrtr,r � coaria�rrasrmrome.>�.any..ao..e.re. � !i wr.rewrrrrrr.wr nncerra glr.e�.w. r�t*.wr�.r.rswwiw���r...rwr wwr __ MrSb1�11LL to scare 1 1.6D Meters 82 0 41 82 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). This proposal has demonstrated consistency with Section 3.1 of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. Page 153 of 272 6.c) 6.20 p.m. DS2021-190, Catherine McCarroll, Intermed iFRIatI"r0ne:... conservation authority Page 4of4 Ontario Regulations 179/06 applies to the subject property. Any new development or site alteration within the regulated area requires permit from the LSRCA. Advisory Comments 3. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte and the County of Simcoe in that we provide through a Memorandum of Understanding (MOU) as well as through our role as a public body, pursuant to the Planning Act. Natural Heritage As the subject property, conditionally merged through Consent Application 2021-B-41, contains both Significant Woodlands and a watercourse (Lakeview Creek), any future development of these lands may require further study to address the impact of development on these natural features. This would be addressed through future Planning Act application. Summary Based on our review of the submitted information, in support of this 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 to the subject property. Any development or site alteration will require permit from the LSRCA, ahead of issuance of municipal building permits. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. 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O cn cn cu a) w O a) O V o cn a)a) y ^� O a) cn i W Q a) cn O M N cn 0- ca N O 0 L 0 fn O V n J a) i a) M O U) _0 U) O a) �/V W ^�' W L W a) -0 cn -0 U �' cn E > 0 a) U O ca ca a) O c6CU U N �' � � � � 0 O >, Oc: E CD > O70Oa) L- N 0) � - Z-- U a) cu a) o 0 U) cn -o m � O L a) cu a) ^) L L W � O � cV � M O U m _O U a) LL c a) a, m c: c: > 0 a) X p -c _ N � 0) M c > O cn 0 W � 0 cn a) U , = c O = 0 M }, Q � � O ca ca nL� O > V a) > Q 0- � L a--' U � C � U U a) Q O U � O CU O � Q QU) L p } a)= cu O O —U O = -c+ � Z O U) a)Q i' V (D m G� Q U) Nt Page 166 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... /a Township off C.�` ,W Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2021-192 Development Services Committee Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # January 5, 2022 Minor Variance Application 2021-A-81 Roll #: by Elissa & Ian Balfour R.M.S. File #: 4346-010-002-21854 12 County Club Lane D13 60206 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2021-192 be received and adopted; 2. That Minor Variance Application 2021-A-81 by Elissa & Ian Balfour, specifically to permit an addition for an accessory apartment dwelling unit with a floor area of 102.2 square metres (1,100 square feet), for a property located at 12 County Club Lane, be approved, subject to the conditions as outlined in Report DS2021-192. 3. The conditions are as follows: a) That notwithstanding Section 5.4(c), the development shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject lands are located at 12 County Club Lane and currently support a 2-storey, single detached dwelling. Surrounding land uses consist of single detached residential uses. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2. Development Services January 5, 2022 Report No. DS2021-192 Page 1 of 13 Page 167 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... The purpose of Minor Variance Application 2021-A-81 is to permit the establishment of an apartment dwelling unit as an addition to an existing single detached dwelling. The applicant has requested the following variance: Section 5.4 c —Apartment Dwelling Unit Ac essory to a Single Detached Dwelling Permitted. Proposed: Maximum Floor Area 70 square metres Maximum Floor Area 102.2 square 753.5 square feet metres 1,100 square feet The applicant's site plan, floor plan and elevation drawings are attached as Schedules 3, 4 and 5 to this report. Analysis: Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act...". The applicant is proposing construction of an apartment dwelling unit that will be inside a single detached dwelling, which requires Minor Variance approval under the Planning Act and therefore represents development within the meaning of the PPS. In the case of this application, the following sections of the PPS are applicable: • 1 .1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns; • 1.1.3 Settlement Areas; • 1 .1 .4 Rural Areas in Municipalities; and • 1 .4 Housing. Section 1.1 (Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns) states in Section 1.1.1(b) that, "Healthy, liveable and safe communities are sustained by... accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi- unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs". Section 1.1 .3 (Settlement Areas) and Section 1 .1 .4 are applicable because the subject lands are located within the Horseshoe Valley Rural Settlement Area. Settlement Areas shall be the focus of growth and development (Section 1 .1.3.1), where land use patterns within settlement areas shall be based on densities and a mix of land uses (Section 1.1 .3.2) including accommodating a significant supply and range of housing options through intensification and redevelopment where this can be accommodated taking into account existing building stock (Section 1 .1 .3.3). Development Services January 5, 2022 Report No. DS2021-192 Page 2 of 13 Page 168 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... Section 1 .4 (Housing) requires that municipalities at all times maintain a minimum of 15 years of land supply through residential intensification and redevelopment (Section 1 .4.1(a)) and provide for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents (Section 1 .4.3). Based on the above, Planning Staff finds this application to be consistent with the policies of the PPS, because it would contribute to the Township's achievement of the above-noted policies. A Place to Grow, 2020 (Growth Plan) The Growth Plan provides a long-term plan to manage growth and protect the natural environment. In the case of this application, the following section of the Growth Plan are applicable: • 2.2.1 Managing Growth; • 2.2.6 Housing; and • 2.2.9 Rural Areas. Section 2.2.1 works to achieve complete communities that feature a mix of land uses and provide a diverse range and mix of housing options, including additional residential units (Section 2.2.1.4(c)). Section 2.2.6 (Housing) directs municipalities to support housing choices by identifying a diverse range and mix of housing options and densities, including additional residential units (Section 2.2.6.1(a)(i)). Section 2.2.9 is applicable because the subject lands are located within the Horseshoe Valley Rural Settlement Area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020, because it would contribute to the Township's achievement of the above-noted policies. County Official Plan Pursuant to Schedule 5.1 of the County's Official Plan, Horseshoe Valley is identified as a "Settlement". Settlements are intended to be the focus of population and employment growth (Section 3.5.1) and developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. Section 3.5.30 speaks to the policies in the Plan that a range of types of housing be provided within the County. This would include apartment units and a mix of affordable housing. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. The proposed apartment unit will contribute to the diversification of the housing stock as the proposed units will allow for a different residential option to ownership of a single family dwelling and provide for increased affordability in the area. The County of Simcoe has not provided the Township with comments on this application to- date and Planning Staff do not expect any County comments at this stage. It is the opinion of Development Services Staff that this application conforms to the County Official Plan. Development Services January 5, 2022 Report No. DS2021-192 Page 3 of 13 Page 169 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... Planning Act, R.S.O. 1990, c. P.13 Section 16(3) of the Planning Act requires municipal Official Plans to authorize second units: • In detached, semi-detached and row houses if an accessory building or structure does not contain a second unit; and • In a building or structure accessory to these housing types provided that the primary dwelling does not contain a second unit. Section 35.1 requires that each local municipality ensure that it's zoning by-law gives effect to the policies described in Section 16(3). The Township of Oro-Medonte currently has Official Plan policies and Zoning By-law Provisions that under certain circumstances permit accessory apartment dwelling units within single detached dwellings in some residential zones. Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the general purpose and intent of the Official Plan is maintained; (2) whether the general purpose and intent of the zoning by-law is maintained; (3) whether the variance is desirable for the appropriate development or use of the land, building or structure; and (4) whether the variance is minor. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance maintain the general purpose and intent of the Official Plan? The subject lands are with a Rural Settlement Area (Horseshoe Valley), as designated by the Township's Official Plan. The intent of the Rural Settlement Area designation (Section C3) is: • To maintain and create attractive communities with suitable amenities; and, • To ensure that settlement areas are developed in a logical and cost-effective manner. Permitted uses in the Rural Settlement Area designation include, among others, low density residential uses. Section C14 of the Official Plan contains policies specific to the Horseshoe Valley Rural Settlement Area and identifies the subject lands to be within the Horseshoe Valley Low-Density Residential designation. The permitted uses of this designation include single detached dwellings, within which the Township's Zoning By-law permits apartment dwelling units within specific zones. Planning Staff are of the opinion that the proposed variance conforms to the Official Plan. Does the variance maintain the general purpose and intent of the Zoning By-law? The subject property is zoned Residential One (R1) according to Zoning By-law 97-95, as amended. The permitted uses of the R1 Zone include single detached dwellings. Section 5.4 Development Services January 5, 2022 Report No. DS2021-192 Page 4 of 13 Page 170 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... (Apartment Dwelling Units Accessory to a Single Detached Dwelling) permits a maximum of one (1) such apartment unit in a single detached dwelling in the R1, RUR1, RUR2 and A/RU Zones, provided: a) the single detached dwelling has a gross floor area greater than 110 square metres (1,184 square feet), exclusive of the apartment dwelling unit; b) the minimum floor area of the apartment dwelling unit is 50 square metres (538 square feet); c) the maximum floor area of the apartment dwelling unit is 70 square metres (753.5 square feet); d) the apartment dwelling unit has a means of egress to the outside that is separate from any means of egress for another dwelling unit; and e) a window opening in the apartment dwelling unit having an area of 0.30 square metres (3.23 square feet) is located above grade. Also applicable is Section 5.19 (Parking Standards), which includes the following minimum parking requirements: • Single detached dwelling — minimum of 2 parking spaces • Accessory apartment dwelling unit — minimum of 1 parking space The proposed accessory apartment dwelling unit complies with all of the above-noted provisions, except for Section 5.4(c), because the proposed floor area of 102.2 square metres (1,100 square feet) exceeds the maximum permitted 70 square metres (753.5 square feet). The general intent of the Zoning By-law in requiring a maximum floor area for an accessory apartment unit, is to ensure that it is secondary and subordinate to the main dwelling unit. In the case of this application, the proposed apartment would still remain smaller than the approximately 178.3 square metre (1919 square feet) floor area of the existing single detached dwelling. In Planning Staff's opinion, the proposed apartment would remain secondary and subordinate to the main dwelling unit. With respect to parking, the subject lands appear to be able to accommodate six (6) parking spaces in the existing driveway, with potentially additional parking within the existing attached garage. Since the proposed development would require a minimum of three (3) parking spaces (2 spaces for the main dwelling and 1 space for the apartment), the application satisfies the parking requirements of the Zoning By-law. For the reasons outlined above, Planning Staff is of the opinion that the requested variance maintains the general purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate development or use of the land, building or structure? The proposed development would in Planning Staff's opinion be an appropriate use of the lands that will not conflict with any functional matters (e.g. parking, sewage disposal) on the lands and that will maintain the appearance of the lands and structures as primarily single detached residential. Therefore Planning Staff considers this application to be desirable for the appropriate development or use of the lands, building or structure. Development Services January 5, 2022 Report No. DS2021-192 Page 5 of 13 Page 171 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... Is the variance minor? The question of the minor nature of the variance relates to its scale and impact, taking into account the totality of the variance's potential impacts on the subject lands and the surrounding community. For the reasons outlined above in this report, Planning Staff are of the opinion that the requested variance would not change or interfere with the function/use of the subject lands, would not negatively impact the use and enjoyment of surrounding properties and would not detract from the residential character of the neighbourhood. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeals Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: 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 the application was circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering: No objection. An Engineered Lot Grading Plan will be required at time of Building Permit • Operations Division: No comments. • Building Division: No comments. • Environmental Services Department: Environmental Services is currently working with the home owner's representative on the connection to Communal Tile Field 7, potential lot level tank replacement and service lateral configuration as related to a potential building addition. Requirements related to Environmental Services will continue to be discussed as any design is completed. Development Services January 5, 2022 Report No. DS2021-192 Page 6 of 13 Page 172 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule I Applicant's Site Plan Schedule 4: Applicant's Floor Plan Schedule 5: Applicant's Elevation Drawings Conclusion: Based on Planning Staff's analysis it is recommended that Minor Variance Application 2021-A- 81 to permit an accessory apartment dwelling unit with a floor area of 102.2 square metres (1,100 square feet) be approved on the basis that the application is consistent with and conforms to Provincial policies and plans, conforms to the County and Township Official Plans, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Deputy CAO & Director Development Services December 22, 2021 Development Services January 5, 2022 Report No. DS2021-192 Page 7 of 13 Page 173 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... --�yasRY•Rd v -Maanst�nn�Rd. 2 2 4 5 SD �T Pine Ridge Lt• Harsearia�•ValleY d. Q -- �4sd•ea���-Re.c Horseshoe Valley Rd. W. yR�dg, goad 2 1 22 24 4 3 28 g 5 19 4SI. 21 '`C/� 28 23 fro 8 7 b 25 c�4,F 27 30 10 G 9 zz 29 32 12 9 11 Cr r 31 34 13 14 33 18 15 22 35 17 19 21 1101 23 25 27 7 Schedule 1 b Location Township of ® Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2021-A-81 ti II I I I Development Services January 5, 2022 Report No. DS2021-192 Page 8 of 13 Page 174 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... �-}V Rd� -Moonston Rdl-.* Hoesfig--ellRRVa eyR d. Old•Barrle Rd. ri '�.Rid9C Aoad .fl U C U Schedule 2 Aerial Photo C3 Subject Lands Proud Heritqie,Exciting Future 0 20 m File Number:2021-A-81 ti 1 1 1 1 Development Services January 5, 2022 Report No. DS2021-192 Page 9 of 13 Page 175 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re- Schedule 3: Applicant's Site Plan r s - 1 a LOT ONE 0 FENCE N 48 0 4 3' 30" E i i5$ 4'S {48.32m} �• 2.525m setback � 19.i4m 6 _ } 9.24m setback t I %Sep stank min.t,3m side �E 1 setback,ard d.Om front setback + �X1�6?fi � 12.1}2 m ' P* Q P >gs a i n �} � � Ren teerisimglacaae-mange pormnoFnoaf a ( as pwEew th de'w n=w suCWat Posts:rePWce _ center rnndwx waM don,aM e"'frM rwfli ftk All existing lot grades and all Q mature trees to bemaintalned Ion IL h O w O . Icy "krrgm -it! v U 4.��''yy ! 7� ° f Fa . Development Services January 5, 2022 Report No. DS2021-192 Page 10 of 13 Page 176 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... Schedule 4: Applicant's Floor Plan 71 Linen 4-�Mtn 5GWO 243 X 2.12m LNII Clu et Computerkea 0 l.l}X A4m 2AX2.27m Kitchen LlwngIDInIN Room 4.17X 2.82nn 5.76X5.85m Laundry Brea 8 drown 4.85%3.64n Entry Storage Closet Coveted ti�r Existing Dowelling \� porch 1 I I I Development Services January 5, 2022 Report No. DS2021-192 Page 11 of 13 Page 177 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... Schedule 5: Applicant's Elevation Drawings Addition to Gaage Existing Structures-dwelling Ee Garage I Sacand unit Addition FIOnt Parade 2nOvdt0il-change panion vF rcaFcem parch �.'• taa�krrvrnrx suEpolpmG;replaw enter vnrNvNWiUi daa, % �M 1mdoPp�+moR.+e ow+de&. 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From: Jakobi, Michelle Sent: December 14, 2021 10:24 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-81) Balfour Environmental Services is currently working with the home owner's representative on the connection to Communal Tile Field 7, potential lot level tank replacement and service lateral configuration as related to a potential building addition. Requirements related to Environmental Services will continue to be discussed as any design is completed. Sincerely, Michelle Jakobi Director, Environmental Services Township of Oro-Medonte Page 180 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David Sent: December 14, 2021 10:20 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-81) Balfour Teresa /Abbey Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) shall be Required at the time of Building Permit Application. Regards Page 181 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... From: Metras, Justin Sent: December 14, 2021 10:31 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-81) Balfour Abbey Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 182 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re: ... From: McCartney, Garry Sent: December 17, 2021 10:01 AM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-81) Balfour Building Division has no comments at this time Thank you, Page 183 of 272 6.d) 6.30 p.m. DS2021-192, Derek Witlib, Manager, Planning Services re. ... January 5, 2022 Development Services Committee 6d) Additional correspondence received From: Elissa Balfour<elissabalfour@email.com> Sent:January 5, 2022 7:42 AM To: Teeter,Janette<iteeter@oro-medonte.ca> Subject: Re: [External] Re:January 5 DSC meeting, Township of Oro-Medonte Hi Janette, I was wondering if you could send all the counsel this rendering of what the house will look like when finished so they have an idea of what we are trying to achieve. I think it could help with the decision for my variance. 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Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2021-193 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # January 5, 2022 Minor Variance Application 2021-A-82 Roll #: Ashley & Ryan McKnight R.M.S. File #: 4346-030-012-45300 69 Moon Point Drive D13 60228 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-193 be received and adopted. 2. That Minor Variance Application 2021-A-82 by Ashley & Ryan McKnight, specifically for permission to expand a non-complying building and to construct additions to the existing dwelling for the purposes of an attached garage and increased living space, to be located 11.2 metres (36.7 feet) from the top of bank of a watercourse, be approved subject to the conditions as outlined in Report DS2021-193. 3. The conditions are as follows: a) That notwithstanding Section 5.32, the proposed additions to the existing detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the applicant satisfy the LSRCA requirements as outlined in their December 17, 2021 correspondence and obtain an LSRCA permit ahead of any development or site alteration on-site; c) That the Applicant prepare and complete a Shoreline Restoration Plantings Plan, to the satisfaction of the LSRCA for the watercourse and Lake Simcoe shoreline; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services January 5, 2022 Report No. DS2021-193 Page 1 of 21 Page 195 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 69 Moon Point Drive and backs directly onto Lake Simcoe, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The drawings and documents submitted by the Applicant indicate that the property is currently occupied by a 153.85 m2 (1,656 ft2) 1-storey dwelling and detached shed in the north side yard. The property includes an asphalt driveway that provides access from Moon Point Drive to the south side of the dwelling. The subject property has an area of 2,063.95 m2 (22,216 ft2). Schedule 3 includes site photographs illustrating the existing site conditions and uses, including the existing trees to the north of the dwelling and the watercourse along the south property line. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Settlements • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Shoreline Residential Exception 2 (SR*2) Zone It is also important to note that the entirety of the subject property is located within the Lake Simcoe Region Conservation Authority Regulated Area and the watercourse along the south property line is a designated watercourse under LSRCA mapping. 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing construction of multiple additions to the existing dwelling that include a 68.76 m2 (740 ft2) addition on the north side of the dwelling, a 33.44 m2 (360 ft2) garage addition on the south side of the dwelling, and proposed covered patios on the rear of the dwelling with an area of 37.49 m2 (403.5 ft2). The result will be to increase the existing 153.85 m2 (1,656 ft2) dwelling to 293.54 m2 (3,160 ft2), including the covered porches. These additions will increase lot coverage of the dwelling from 7.5% to 14.22%. The proposed garage addition aligns with the existing driveway to Moon Point Drive. The existing minimum setback of 11.2 metres to the watercourse along the south property line will be maintained. The existing detached shed will be demolished and the trees on the north side of the dwelling will be removed to facilitate the proposed addition. The drawing package submitted by the Applicant includes the proposed site plan, floor plans and elevations and is included in Schedule 5. The site plan delineates the limits of Development Services January 5, 2022 Report No. DS2021-193 Page 2 of 21 Page 196 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... the required 30-metre setback to the watercourse and illustrates that the entirety of the existing dwelling is located within this setback. Moreover, the proposed garage addition, rear porches and majority of the north side building addition will also be located within the 30-metre setback. The following minor variance to Zoning By-Law 97-95 has been requested by the Applicant: 1 . To permit the expansion of an existing building within 30 metres (98.4 feet) of the top of bank of a watercourse that will increase the building floor area located within the minimum required yard. 4. Zoning Review Table 1 includes a review of the applicable zoning standards. The intent of the proposal is to construct additions to the existing 1-storey detached dwelling to increase the floor area, add an attached garage on the south side of the dwelling, and add covered and uncovered porches to the rear of the dwelling. Based on the drawings submitted by the Applicant, it appears that the proposal complies with the applicable regulations for minimum front, interior side and rear yards, including the required setback to Lake Simcoe. The proposed dwelling will also satisfy the requirements for minimum first storey floor area, minimum gross floor area and maximum building height. However, while the existing setback to the watercourse along the south property line (11 .2 metres) will be maintained, the floor area situated within the minimum required setback of 30 metres will increase as a result of the proposed additions. For this reason, a minor variance is required to Section 5.32 of the Zoning By-Law. Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed Minimum Lot Area (Table B1) 0.2 ha 0.2 ha (existing) Minimum Front Yard(Table 31) 7.5 m 8.3 m Minimum Interior Side Yard(Table B1) 3.0 m 10.6 m and 12.15 m Minimum Rear Yard(Table B1 and No building shall be located closer than 21.7 m Section 5.30) 20 metres from the average high water mark of Lake Simcoe or closer than 15 metres from the average high water mark of Bass Lake Minimum First Storey Floor Area (Table 90 mz 190 mz B1) Minimum Gross Floor Area Required 140 m2 293.54 mz for a Dwelling Unit(Table B1) 5.32 Setback from Water Courses Notwithstanding any other provision in 11.2 m(existing) this By-law,no building,or structure shall be located within 30 metres(98.4 Variance required-While the proposal feet)of the top of bank of any represents expansion of a building Development Services January 5, 2022 Report No. DS2021-193 Page 3 of 21 Page 197 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... watercourse,with the exception of currently situated within the setback Lake Simcoe and Bass Lake which are area and does not reduce the setback dealt with by Section 5.31. from the watercourse,the floor area of the building in the minimum required This provision shall also not prevent 30-metre setback will be increased the expansion or replacement of relative to the existing condition. building or structures that existed on the effective date of this By-law within this setback area,provided the expansion or replacement does not have the effect of reducing the setback from the top of bank of any watercourse or increasing the volume or floor area of a Building or structure in a minimum required yard. 7.2*2-Shoreline Area in Former Orillia Notwithstanding any other provision in The minimum interior side yard this By-law,the required interior side setback will be exceeded and no yard is 1.5 metres(4.92 feet)on those encroachments required. lands denoted by the symbol *2 on the schedules to this By-law.Stairs, landings,porches,balconies are permitted to encroach into the required interior side yard a distance of no more than 1.0 metre(3.2 feet) for one interior side yard only. 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. Table 1 includes an analysis matrix of the applicable PPS policies. The subject property is located within the LSRCA regulated area and directly abuts a designated watercourse. The existing dwelling is completely located within the minimum required 30-metre setback from the watercourse and is deemed legal non-conforming under the zoning regulations. However, maintaining this setback while significantly increasing (nearly doubling) the building floor area located within the setback has the potential to adversely impact the natural heritage features of the LSRCA regulated area, specifically the watercourse. No details have been provided by the Applicant to confirm how these features will be protected and enhanced. In addition, the grading and drainage characteristics of the subject property will be altered by the proposal and no reports, Development Services January 5, 2022 Report No. DS2021-193 Page 4 of 21 Page 198 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... plans or other analysis have been provided to confirm how adverse impacts to existing flooding and natural hazards will be mitigated. Through the correspondence received from the LSRCA requiring the shoreline plantings plan for the watercourse and the shoreline and an LSRCA permit, in addition to the variance condition requiring the ELG prior to any development on the site, staff are satisfied that any adverse impacts to flooding and natural hazards can be mitigated. Table 1 — PPS Policy Matrix Policy Section Policy Analysis 1.1 Managing and Directing Land Use to Achieve Efficient • While the proposal will make more efficient use of and Resilient Development and Land Use Patterns the subject property in terms of floor area ratio and lot coverage,there will be no change from the 1.1.1 Healthy,liveable and safe communities are sustained use of the property as a single detached dwelling. by: • As outlined in more detail in this report,the proposed addition will significantly increase the b)accommodating an appropriate affordable and market- building floor area constructed within the based range and mix of residential types(including single- minimum required 30-metre setback to the detached,additional residential units,multi-unit housing, existing watercourse along the south property line. affordable housing and housing for older persons), • No plans,reports or other details have been employment(including industrial and commercial), submitted by the Applicant that outline how the institutional (including places of worship,cemeteries and watercourse will be protected and enhanced long-term care homes),recreation,park and open space, through the development proposal. and other uses to meet long-term needs; • It is my opinion,with details provided throughout c)avoiding development and land use patterns which may this report,that the requested minor variance will cause environmental or public health and safety concerns; facilitate land use and built form with potential to h)promoting development and land use patterns that adversely impact the LSRCA regulated area and conserve biodiversity;and designated watercourse. These impacts will be i)preparing for the regional and local impacts of a changing required to be mitigated through the issuance of climate. the LSRCA permit and the ELG required prior to commencing any development. 1.4.3 Planning authorities shall provide for an appropriate • The proposal seeks to significantly increase the range and mix of housing options and densities to meet floor area and lot coverage of the existing single projected market-based and affordable housing needs of detached dwelling,which is fully situated within current and future residents of the regional market area by: the minimum required 30-metre setback to the watercourse. f)establishing development standards for residential • The change in grading and drainage characteristics intensification,redevelopment and new residential of the property and setback area has the potential development which minimize the cost of housing and to adversely impact the watercourse,not only facilitate compact form,while maintaining appropriate from a natural heritage perspective but also from levels of public health and safety. the perspective of impacting upstream water flow and flooding conditions. On this basis approval of the LSRCA permit and ELG to mitigate these impacts is required. • It is my opinion that the 30-metre setback to the watercourse has been established to ensure that residential intensification and redevelopment does not adversely impact public health and safety. • There is an absence of details of how the proposal will be accommodated while ensuring there will be no adverse impacts to the watercourse. The conditions outlined in the recommendation section of this report including the LSRCA permit, Development Services January 5, 2022 Report No. DS2021-193 Page 5 of 21 Page 199 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... shoreline plantings plan,and ELG are necessary to ensure any adverse effects are mitigated prior to commencement of development. 1.6.6.7 Planning for stormwater management shall: • No details have been submitted with the application to ensure that these stormwater a)be integrated with planning for sewage and water services management considerations have been addressed. and ensure that systems are optimized,feasible and • The increase in floor area within the 30-metre financially viable over the long term; setback to the watercourse presents significant b)minimize,or,where possible,prevent increases in potential for changes to the watercourse that contaminant loads; adversely impact human health and safety, c)minimize erosion and changes in water balance,and property and natural environmental features. prepare for the impacts of a changing climate through the • The conditions outlined in the recommendation effective management of stormwater,including the use of section of this report including the LSRCA permit, green infrastructure; shoreline plantings plan,and ELG are necessary to d)mitigate risks to human health,safety,property and the ensure any adverse effects are mitigated prior to environment; commencement of development. e)maximize the extent and function of vegetative and pervious surfaces;and f)promote stormwater management best practices, including stormwater attenuation and re-use,water conservation and efficiency,and low impact development 2.1 Natural Heritage • The proposal seeks to maintain a single detached dwelling within the required 30-metre setback to a 2.1.1 Natural features and areas shall be protected for the designated watercourse without providing any long term. details of how the watercourse will be protected. 2.1.2 The diversity and connectivity of natural features in an • The proposed additions will alter the grading and area,and the long-term ecological function and biodiversity drainage characteristics of the subject property of natural heritage systems,should be maintained,restored and present opportunities for the watercourse to or,where possible,improved,recognizing linkages between be significantly impacted. The conditions outlined and among natural heritage features and areas,surface in the recommendation section of this report water features and ground water features. including the LSRCA permit,shoreline plantings plan,and ELG are necessary to ensure any adverse effects are mitigated prior to commencement of development. 3.1 Natural Hazards • The subject property directly abuts a designated watercourse that has the potential to experience 3.1.1 Development shall generally be directed,in accordance adverse impacts associated with changes to with guidance developed by the Province(as amended from grading and drainage characteristics on abutting time to time),to areas outside of: lands. • The proposal will increase lot coverage and change a)hazardous lands adjacent to the shorelines of the Great the existing grading and drainage characteristics Lakes-St.Lawrence River System and large inland lakes on the subject property. which are impacted by flooding hazards,erosion hazards • No analysis has been provided to confirm that the and/or dynamic beach hazards; proposal can be accommodated without resulting b)hazardous lands adjacent to river,stream and small inland in adverse impacts to the characteristics of the lake systems which are impacted by flooding hazards and/or watercourse and its natural features,including erosion hazards;and upstream flooding characteristics. c)hazardous sites. • No special policies have been applied to the subject property or the watercourse,and the 30- 3.1.4 Despite policy 3.1.2,development and site alteration metre setback is intended to ensure construction may be permitted in certain areas associated with the is appropriately buffered from the watercourse. flooding hazard along river,stream and small inland lake • The conditions outlined in the recommendation systems: section of this report including the LSRCA permit, shoreline plantings plan,and ELG are necessary to Development Services January 5, 2022 Report No. DS2021-193 Page 6 of 21 Page 200 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... a)in those exceptional situations where a Special Policy Area ensure any adverse effects are mitigated prior to has been approved.The designation of a Special Policy Area, commencement of development. and any change or modification to the official plan policies, land use designations or boundaries applying to Special Policy Area lands,must be approved by the Ministers of Municipal Affairs and Housing and Natural Resources and Forestry prior to the approval authority approving such changes or modifications;or b)where the development is limited to uses which by their nature must locate within the floodway,including flood and/or erosion control works or minor additions or passive non-structural uses which do not affect flood flows. 3.1.7 Further to policy 3.1.6,and except as prohibited in policies 3.1.2 and 3.1.5,development and site alteration may be permitted in those portions of hazardous lands and hazardous sites where the effects and risk to public safety are minor,could be mitigated in accordance with provincial standards,and where all of the following are demonstrated and achieved: a)development and site alteration is carried out in accordance with flood proofing standards,protection works standards,and access standards; b)vehicles and people have a way of safely entering and exiting the area during times of flooding,erosion and other emergencies; c)new hazards are not created and existing hazards are not aggravated;and d)no adverse environmental impacts will result. 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 has not demonstrated conformity to the following Growth Plan policies on the basis that the proposal will increase the amount of residential floor area and lot coverage within the minimum required 30-metre setback to a watercourse, thereby modifying the existing grading and drainage characteristics, without providing an appropriate level of review and analysis to confirm that adverse impacts to natural heritage and public health and safety can be mitigated. The following Growth Plan policies are of particular interest: • 2.2.1.3 Upper- and single-tier municipalities will undertake integrated planning to manage forecasted growth to the horizon of this Plan, which will: d) support the Development Services January 5, 2022 Report No. DS2021-193 Page 7 of 21 Page 201 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... environmental and agricultural protection and conservation objectives of this Plan. • 4.2.2.6 Beyond the Natural Heritage System for the Growth Plan, including within settlement areas, the municipality: a) will continue to protect any other natural heritage features and areas in a manner that is consistent with the PPS; and b) may continue to protect any other natural heritage system or identify new systems in a manner that is consistent with the PPS. Notwithstanding the above policies, it is recognized that Section 4.2.4.5 provides permission for existing development, such as this application as follows: 4.2.4.5 Outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned for concentrations of development as of July1, 2017, ... redevelopment... is permitted, subject to municipal and agency planning and regulatory requirements, if the development will: • restore, to the maximum extent possible, the ecological features and functions in developed shoreline areas; and • use natural shoreline treatments, where practical, for shoreline stabilization, erosion control, or protection; The conditions outlined in the recommendation section of this report including the LSRCA permit, shoreline plantings plan, and ELG are necessary to ensure any adverse effects are mitigated prior to commencement of development and to ensure conformity with Section 4.2.4.5. 3. Simcoe County Official Plan The subject property is designated "Settlements" on Schedule 5.1 of the County of Simcoe Official Plan. The subject property also includes the following designations: • The watercourse along the south property line is a designated "Watercourse" on Schedule 5.2.2 - Streams and Evaluated Wetlands; • The property is located in the area of a Highly Vulnerable Aquifer as designated on Schedule 5.2.5. Table 2 includes a review of the specific policies of the Simcoe County Official Plan. The requested minor variance will allow construction of building additions within the 30- metre minimum required setback to a watercourse that will alter the existing grading and drainage characteristics on the property. No plans, reports or other analysis have been provided to confirm how potential adverse impacts to the natural heritage characteristics and public health and safety will be mitigated. Development Services January 5, 2022 Report No. DS2021-193 Page 8 of 21 Page 202 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Analysis Section 1.3-Goals of the Plan • The existing dwelling is legal non-conforming and is situated only 11.2 metres from the watercourse The goals of this Plan are: running to Lake Simcoe along the south side of the subject property. • To protect,conserve,and enhance the County's • The proposal will maintain this existing setback natural and cultural heritage; while significantly increasing the building floor • To achieve wise management and use of the area within the minimum required 30-metre County's resources; setback. • To implement growth management to achieve • The increase in the floor area and footprint of the lifestyle quality and efficient and cost-effective dwelling will alter the grading and drainage municipal servicing,development and land use; characteristics of the property within 30 metres of • To achieve coordinated land use planning among the watercourse. the County's local municipalities and with • A grading and drainage plan or stormwater neighbouring counties,districts,regions,and management report has not been provided to separated cities,and First Nations lands; confirm that the additional floor area and changes • To further community economic development to the site characteristics will not result in any which promotes economic sustainability in Simcoe adverse impacts to the watercourse. County communities,providing employment and • The north side addition to the dwelling will result business opportunities;and in removal of at least four existing trees on the • To promote,protect and enhance public health property and it is not clear if new trees will be and safety. planted to compensate. Part 3-Growth Management Strategy • The subject property is located within the LSRCA regulated area and directly abuts a designated 3.1 Strategy watercourse. • The existing dwelling is completely located within The planning strategy of this Plan is based on four themes: the minimum required 30-metre setback from the watercourse and is deemed legal non-conforming • Direction of a significant portion of growth and under the zoning regulations. development to settlements where it can be • However,maintaining this setback while effectively serviced,with a particular emphasis on significantly increasing(nearly doubling)the primary settlement areas. building floor area located within the setback has • Enabling and managing resource-based the potential to adversely impact the natural development including agriculture,forestry, heritage features of the LSRCA regulated area, aggregates,and tourism and recreation. specifically the watercourse. • Protection and enhancement of the County's • No details have been provided by the Applicant to natural heritage system and cultural features and confirm how these features will be protected and heritage resources,including water resources. enhanced. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.1.3 Lake Simcoe Protection Plan • The Applicant has not provided any details of how the watercourse will be protected and enhanced 3.3.13 Within the area of the Lake Simcoe Protection Plan as through the proposed changes to the subject shown on Schedule 5.1,all development is required to property. satisfy the provisions of Section 3.13 of this Plan • The proposal will modify the existing site grading and drainage characteristics with the potential to Objectives adversely impact the form and function of the watercourse if not properly mitigated. 3.13.1 To protect,improve or restore the elements that • The Applicant has not demonstrated the need for contribute to the ecological health of the Lake Simcoe additions to the existing dwelling that are primarily watershed,including,water quality,hydrology,key natural located within the 30-metre setback as opposed to areas towards the north of the property. Development Services January 5, 2022 Report No. DS2021-193 Page 9 of 21 Page 203 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... heritage features and their functions,and key hydrologic • Recognizing that 3.13.25(c)recognizes existing features and their functions. uses and permits their expansion and that he 3.13.2 To promote environmentally sustainable land and impact of the expansion is minimized to the water uses,activities and development practices. maximum extent possible. 3.13.3 The County and applicable local municipalities will • The conditions outlined in the recommendation implement sustainable development policies and practices section of this report including the LSRCA permit, to protect Lake Simcoe in keeping with the LSPP. shoreline plantings plan,and ELG are necessary to ensure any adverse effects are mitigated to the 3.13.15 Where,in accordance with the policies of Section maximum extent possible prior to commencement 3.13,a proposal for development or site alteration is of development. permitted within 30 metres of the Lake Simcoe shoreline, other lakes in the Lake Simcoe watershed,or a permanent or intermittent stream or wetland outside of settlement areas and the Greenbelt area and Oak Ridges Moraine area,the proposal for development or site alteration shall comply with the following where applicable: a)maintain,and where possible,increase or improve fish habitat in the Lake,stream or wetland,and any adjacent riparian areas; b)to the extent possible,enhance the ecological features and functions associated with the Lake,stream or wetland; c)minimize erosion,sedimentation,and the introduction of excessive nutrients or other pollutants and utilize planning, design,and construction practices that maintain and improve water quality;and d)integrate landscaping and habitat restoration into the design of the proposal to enhance the ability of native plants and animals to use the area as both wildlife habitat and a movement corridor. 3.13.28 An application for development or site alteration shall,where applicable: a)increase or improve fish habitat in streams,lakes and wetlands,and any adjacent riparian areas; b)include landscaping and habitat restoration that increase the ability of native plants and animals to use valleylands or riparian areas as wildlife habitat and movement corridors; c)seek to avoid,minimize and/or mitigate impacts associated with the quality and quantity of urban run-off into receiving streams,lakes and wetlands;and d)establish or increase the extent and width of a vegetation protection zone adjacent to Lake Simcoe to a minimum of 30 metres where feasible. 3.13.35 Existing Uses The subject lands contain an existing use,the majority of the proposed expansion to which the applicant has proposed on Where development or site alteration is permitted in the north side of the existing dwelling,away from the relation to existing uses,the following policies apply: watercourse. However,due to the location of the existing driveway,there is no reasonable alternative for the a)all existing uses lawfully used for such purposes on the application to locate the proposed garage addition in a day before the LSPP comes into force are permitted; different location on the lands. Planning Staff is satisfied b)the construction of a building on an existing lot of record that the applicant has kept the proposed garage addition's is permitted, provided it was zoned for such as of the date size and location to be limited in scope and in close Development Services January 5, 2022 Report No. DS2O21-193 Page 10 of 21 Page 204 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... LSPP comes into effect,or where an application for an proximity to the existing structure,in conformity with LSPP amendment to a zoning by-law is required as a condition of Policy 3.13.35 c). a severance granted prior the date this Plan comes into effect; c)the development permitted in b.,expansion to existing buildings or structures,accessory structures and uses,and conversions of legally existing uses which bring the use more into conformity with the LSPP are permitted subject to a demonstration that the use does not expand into a key natural heritage feature,a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline,unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure; d)the expansion to existing agricultural buildings and structures,residential dwellings and accessory uses to both, may be considered within a key natural heritage feature,a key hydrologic feature,and any minimum vegetation protection zone associated with these features or the Lake Simcoe shoreline,if it is demonstrated that:i.there is no alternative to the expansion or alteration and the expansion or alteration is directed away from the feature and vegetation protection zone to the maximum extent possible, and,ii.the impact of the expansion or alteration on the feature and its functions is minimized to the maximum extent possible;and e)expansion,maintenance,or replacement of existing infrastructure is permitted. 4. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 addresses the applicable policies. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The requested minor variance will allow for construction of additions that will substantially A2.1 Natural Heritage increase the floor area and lot coverage of the existing dwelling,which is completely situated A2.1.1 Goal within the 30-metre setback. • The majority of the proposed addition area will fall It is the goal of this Plan to protect and enhance significant within the 30-metre setback. natural heritage features and related ecological functions in • The proposal will alter the grading and drainage the Township. characteristics of the subject property within the setback area established to provide protection of A2.1.2 Strategic Objectives the watercourse. • The existing dwelling is legal non-conforming, a)To protect from incompatible development significant including the setback to the watercourse. natural heritage features and their associated ecological and However,the additions should not be permitted hydrological functions. unless they are determined to satisfy the Development Services January 5, 2022 Report No. DS2021-193 Page 11 of 21 Page 205 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... c)To ensure that an understanding of the natural applicable Provincial and Municipal land use environment,including the values,opportunities,limits and policies. constraints that it provides,guides land use decision-making • The entirety of the subject property is located in the Township. within the LSRCA regulated area and the e)To require that the land use planning process contributes watercourse is designated on the LSRCA mapping. to the protection,maintenance and enhancement of water • It is my opinion that the Applicant has provided and related resources and aquatic ecosystems on an insufficient information and analysis to integrated watershed management basis. demonstrate that the character and function of f)To protect from incompatible development significant the watercourse will be protected and enhanced woodlands and wildlife habitat areas and the ecological through the proposal and requested minor functions they provide. variance. g)To protect from incompatible development wetlands and • An additional level of analysis is required to Provincially Significant Areas of Natural and Scientific evaluate if the proposed additions,in conjunction Interest and the habitats and ecological functions they with modifications to the site grading and provide. drainage,are compatible with the form and h)To protect natural heritage systems as defined by the function of the watercourse. Township and the County of Simcoe. A2.6 Growth and Settlement • The subject property is located within the "Shoreline"area and the development proposal A2.6.2 Strategic Objectives will make more efficient use of these lands. • However,these objectives must be balanced with s direct the majority of new residential growth to the other objectives and policies of the Official settlements. Plan. d)To encourage the more efficient use of land in settlements,where appropriate. SECTION C5—SHORELINE • The proposal and requested minor variances will maintain the single detached dwelling residential C5.1 OBJECTIVES character of the subject property and surrounding area. •To maintain the existing character of this predominantly • The proposal will rely on existing services and residential area. infrastructure and not require any extensions or •To protect the natural features of the shoreline area and upgrades. the immediate shoreline. • However,the proposal will nearly double the floor •To ensure that existing development is appropriately area of the existing dwelling,with the majority of serviced with water and sewer services. the addition being located within the 30-metre setback to the watercourse. C5.2 PERMITTED USES • The entirety of the subject property is located within the LRSCA regulated area and the Permitted uses on lands designated Shoreline on the watercourse is a designated feature of the schedules to this Plan are single detached dwellings,existing regulated area. marinas,small scale commercial uses such as convenience • The proposal has significant potential to adversely stores,public parks,bed and breakfast establishments impact the character and function of the subject to Section C1.3.10 and home occupations. watercourse and its relationship to Lake Simcoe. • Analysis has not been completed to ensure that the objectives of the"Shoreline"designation for the shoreline and immediate shoreline areas has not been completed. • The presence of the watercourse along the south property line is a defining characteristic of the subject property relative to other properties in this community. • The conditions outlined in the recommendation section of this report including the LSRCA permit, shoreline plantings plan,and ELG are necessary to ensure any adverse effects are mitigated prior to commencement of development. Development Services January 5, 2022 Report No. DS2021-193 Page 12 of 21 Page 206 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... 5. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Shoreline Residential Exception 2 (SR*2) Zone", which permits single detached dwellings. However, the prevailing zoning regulations require buildings and structures to be set back a minimum of 30 metres from the watercourse. While the existing dwelling is located within the minimum required setback, the proposal will significantly increase the floor area of the dwelling, with a significant majority of the new floor area being situated within the setback area. It is my opinion that the requested minor variance will result in expansion of an existing dwelling located within the required setback to the watercourse without an appropriate level of analysis to confirm that the policies and objectives of PPS 2020, the Growth Plan and the Official Plans of the County of Simcoe and Township of Oro-Medonte have been satisfied. On this basis, it is my opinion that this additional analysis is required to establish whether the minor variance maintains the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The proposal and requested minor variance will increase the amount of residential floor area and lot coverage within the minimum required 30-metre setback to a watercourse, thereby modifying the existing grading and drainage characteristics, without providing an appropriate level of review and analysis to confirm that adverse impacts to natural heritage and public health and safety can be mitigated. The Applicant has also not demonstrated that the general purpose and intent of the Official Plan will be maintained as it relates to policies and objectives for natural heritage and shoreline areas. Through the completion of the shoreline plantings plan, the ELG, and the approval of the LSRCA Permit these objectives have the potential to be satisfied. Development Services January 5, 2022 Report No. DS2021-193 Page 13 of 21 Page 207 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... Does the variance conform to the general intent and purpose of the Zoning By-law? The Applicant has not demonstrated that the requested minor variance will update the prevailing zoning regulations to effectively implement the policies and objectives of the Official Plan. The variance will permit a significant increase in building floor area within the minimum required setback to a watercourse without providing the required analysis to satisfy the applicable County and Township Official Plan policies. Through the completion of the shoreline plantings plan, the ELG, and the approval of the LSRCA Permit these objectives have the potential to be satisfied. Is the variance desirable for the appropriate development of the lot? The minor variance will facilitate construction of significant additions to an existing dwelling located within the required setback to a watercourse without the appropriate analysis having been completed to ensure any adverse impacts to the natural heritage form and function and public health and safety will be mitigated. Through the completion of the shoreline plantings plan, the ELG, and the approval of the LSRCA Permit the applicable Provincial and Municipal policies can be satisfied. Is the variance minor? The variance will significantly reduce the required setback to the watercourse for the proposed addition without the appropriate justification under the policies of PPS 2020, the Growth Plan and the Official Plans of the County of Simcoe and Township of Oro- Medonte. This justification is required to establish whether the variance is minor. For these reasons, it is my recommendation that this application be deferred to allow for the analysis required by LSRCA as a condition of approval to be completed. This will allow for a more detailed review of the application within the context of four tests. 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 January 5, 2022 Report No. DS2021-193 Page 14 of 21 Page 208 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development has the potential to negatively impact the Township's natural features and attributes, and additional analysis and technical review is required to establish consistency with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — No objection to application. . • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Building Department — No comments. • Lake Simcoe Region Conservation Authority — Recommend approval of this minor variance application, with the following conditions: 1 . An LSRCA permit will be required ahead of any development or site alteration on-site. 2. That the Applicant prepare and complete a Shoreline Restoration Plantings Plan, to the satisfaction of the LSRCA. Please contact the LSRCA to assist in scoping this requirement. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Development Services January 5, 2022 Report No. DS2021-193 Page 15 of 21 Page 209 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... Conclusion: Based on Planning Staff's analysis it is recommended that Minor Variance Application 2021-A-82 to specifically permit the expansion of a non-complying building and to construct additions to the existing dwelling for the purposes of an attached garage and increased living space, to be located 11.2 metres (36.7 feet) from the top of bank of a watercourse, be approved subject to the conditions outlined on the basis that the application is consistent with and conforms to Provincial policies and plans, conforms to the County and Township Official Plans, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services December 22, 2021 Andria Leigh, Deputy CAO & Director Development Services December 23, 2021 Development Services January 5, 2022 Report No. DS2021-193 Page 16 of 21 Page 210 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map tsro 115 10100 597 95 91 05 81 1 John Noon Rd, 77 73 Lake o` 7!l7CCp a yg c O 5W 05 61 b7 53 .O G� 2 4 -0i'4` 51 49 47 45 43 41 37 33 20 25 3 5 7 9 11 11 15 17 113 21 Schedule 1 Location 0'Pbu� MISu ujec[Lands Pruud HnrfmQl',Frfifil{p Fanrrr 0 190 n5 F1e N—b6,2021-A-82 Development Services January 5, 2022 Report No. DS2021-193 Page 17 of 21 Page 211 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo 0 .o 0 d Schedule 2 Aerial Photo OSubject Lands P—d Hcrilgg'E-icing Fat— No Number 2021-A-82 r7/ I 1 Development Services January 5, 2022 Report No. DS2021-193 Page 18 of 21 Page 212 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos 5 `Y'yry b h _ G1 Existing Dwelling on Subject Property Location of Proposed Garage Addition(from south) t„ y by II S ,u a. Watercourse Along South Property Line Watercourse Along South Property Line � � fix• r, yf ���w�� � � �r � �d �� ` o wFroEmon� v Pj n"�okrr � �B v _ _ Location of Proposed Living Space Additions Posted Notice of Application Sign Development Services January 5, 2022 Report No. DS2021-193 Page 19 of 21 Page 213 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan A-0 Fo AA LOTAREA 2,06395 sq.m. uMamr�. PROPOSED ADDl %.esgm- PROPOGED GARAGE Al]DITgN 33.44 ill 0 PROPOSED COVERED PATIOS 3749 sRm_ PROPOSED LOT CMERAGE 2N.M 14?1K ' A• ExrG F Z, WELL y oil a��*t' 63 S `a A® le? el �k Aq I3.2m DRIYEWA Q�W,,, AF a MINOR YARWILE REOOESTS: E]REMSKIN� REQUIRED WATERCOURSE SET13ACK=311m M EMSI SETBACK=11.2m PROPOSED SETBADK=11.2m VARIANCE REUEE=18.3m 1 F Q G r v pd - F i Development Services January 5, 2022 Report No. DS2021-193 Page 20 of 21 Page 214 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings 3 Epp - o 4 mg o IU o� o N 12 C W c� U❑ G 8 a � � LLa III LLI CT) . 411 II11= IIIIIII Imo,�hi1 I11III= 1T IIIIIII Illllm III= II'I��I-IµIII III IIIIIII IIIIIII II ZPo IIIIIII IIIIII W O_ gl: � II11= N -= IIIIIII J =1 I I IIII I�I I I III I I_ III III I11L - III IATI IIIIII I I pr III ' 0 III= IIIIII II III IIIIIII�III IIATI -_ II I� III I I II I_I� -- I L Illllll -Ill- ffl _ III _= I� II�II �II II�II II11-1 III I�I I ® IIIIII=I11 III- I 11 IN oQ i1 Il '—Ill o I I ITI=1 — — Q =III o IIlI�1I o llilll111! w (2 III W � G mm i — III=1 W - IIIIII II — Y Q 'I I� IIIIII III III- O nI III I bleb b - d• Development Services January 5, 2022 Report No. DS2021-193 Page 21 of 21 Page 215 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... From: Saunders, David Sent: December 14, 2021 2:47 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-82) McKnight Teresa /Abbey Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. Regards Page 216 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... From: Metras, Justin Sent: December 14, 2021 11:12 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-82) McKnight Abbey Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 217 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... From: McCartney, Garry Sent: December 17, 2021 10:02 AM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting January 05, 2021 (2021-A-82) McKnight Building Division has no comments at this time Thank you, Page 218 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planning Consultant ... Lake Simcoe Region conservation authority www.LSRCA.on.ea December 17t", 2021 File No: 2021-A-82 IMS File No.:VA-188545-120921 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Sent by E-mail to: plan ning@oro-medonte.ca Dear Mr. Karaiskakis: Re: Proposed Application for Minor Variance Owners:Ashley and Ryan McKnight 69 Moon Point Dr.,Township of Oro-Medonte Thank you for circulating the subject applications to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose and effect this variance is to facilitate new additions to an existing dwelling for the purposed of an attached garage and increase living space, and is seeking relief from the following section of Zoning By-law 97-95: Section 5.32—Setback from Water Courses Permitted: No building, or structure shall be located Proposed: Building, or structure 11.2 metres (36.7 within 30 metres (98.4 feet) of the top of bank of any feet) of the top of bank of a watercourse. watercourse. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Dec. 14t", 2021 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The applications have also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Recommendation Based on review of the submitted information, and after recent revisions to the proposal, we are satisfied that this proposal will be consistent with,and in conformity with the natural heritage and hazard policies of Provincial, County, and local plans. On this basis, we recommend approval of this minor variance application, with the following conditions: 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3w3 F 905.853.5881 Member of Conservation Ontario Page 219 o-fF274.800.465.0437 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planl4MvrsatC Int Page 2of4 • Ontario Regulation 179/06 of the Conservation Authorities Act applies. An LSRCA permit will be required ahead of any development or site alteration on-site. • That the Applicant prepare and complete a Shoreline Restoration Plantings Plan, to the satisfaction of the LSRCA. Please contact the LSRCA to assist in scoping this requirement. Site Characteristics The subject property is entirely within the regulated area as per Ontario Regulation 179/06 of the Conservation Authorities Act. This is due to the presence of Lake Simcoe, and its associated Shoreline Hazard area, a watercourse (Pointview Creek) and its associated meander belt area, as well as a regulated wetland located across Moon Point Drive, and its minimum vegetation protection zone. The subject property is designated Rural by the County of Simcoe Official Plan, Shoreline Residential as per the Township of Oro-Medonte Official Plan and is zoned as Shoreline Residential (SR) under the Township Zoning By- law 97-95. 69 Moan Paint Dr., ono-Medonte Fulim Lake Saone lZegian Conservatione!INIioy ❑ LSRCAVVarared Boundary 0 LSPP Watershed Boundary — Regulation Boundary Regulation Area Assessment Parcel _ Lot and Concession — Watercourse Roads i M's00 Sara L-1 R d Lower Tier Municipality r, - I?JI 1?137f2a21 vies i�er w.e_n.�_ AlUk— wrwr_se..n wm.o ar ram..-.�.wxwI M �� .� Oerop[^m4�+.1�.3Wd xo6i_R'Y.MrI-Xai iFNg - 4aM 9 W1MA.K Scale 1 406 Meters 21 0 10 21 Page 220 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township PlanlpMvrs t� Imt 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 proposal has demonstrated conformity 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 required as part of this minor variance application. The development and site alteration proposed will be within the regulated area, and therefore, subject to an LSRCA permit. This permit is required before any development or site alteration may occur. Advisory Comments 3. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte and the County of Simcoe in that we provide through a Memorandum of Understanding (MOU) as well as through our role as a public body, pursuant to the Planning Act. Lake Simcoe Protection Plan (LSPP) Designated Policy 6.11 b. identifies that any proposal for development or site alteration within 30-metres of the Lake Simcoe shoreline, should to the extent possible, enhance the ecological features and functions associated with the Lake. 6.11-DP c. also identifies that the same proposal should minimize erosion, sedimentation, and the introduction of excessive nutrients or other pollutants and utilize planning, design, and construction practices that maintain and improve water quality. Designated Policy 6.45 of the LSPP identifies policy applicable to existing structures and is applicable to this property. 6.45-DP d. considers the expansion to existing residential dwellings and accessory uses within the minimum vegetation protection zone to Lake Simcoe, if it is demonstrated that there is no alternative,that the expansion or alteration is directed away from the feature and vegetation protection zone to the maximum extent possible, and that the impact of the expansion or alteration on the feature and its functions is minimized to the maximum extent possible. The proposed development, and any required site alteration, can be considered under the'existing uses' policies of the LSPP. As this is a proposal for development and site alteration within 30-metres of the Lake Simcoe shoreline, and within the minimum vegetation protection zone, a Shoreline Restoration Plantings Plan is requested to satisfy 6.11-DP and 6.45-DP. This document should comply with policies 6.28-DP and 6.29-DP of the LSPP, identifying that any existing natural and self-sustaining vegetation removed from along the lakeshore due to the proposed development and site alteration, should be replaced, and enhanced. This document should be scoped with the assistance of LSRCA staff. Page 221 of 272 6.e) 6.40 p.m. DS2021-193, Michael Barton, Township Planl4Mvrsat Imt Page 4of4 Summary Based on review of the submitted information, and after recent revisions to the proposal, we are satisfied that this proposal will be consistent with,and in conformity with the natural heritage and hazard policies of Provincial, County, and local plans. On this basis, we recommend approval of this minor variance application, with the following conditions: • Ontario Regulation 179/06 of the Conservation Authorities Act applies. An LSRCA permit will be required ahead of any development or site alteration on-site. • That the Applicant prepare and complete a Shoreline Restoration Plantings Plan, to the satisfaction of the LSRCA. Please contact the LSRCA to assist in scoping this requirement. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated. 1. Ontario Regulation 179/06 applies to this minor variance application. A permit under O.reg 179/06 will be required prior to any site alteration or development within the regulated area. 2. A Shoreline Restoration Plantings Plan should be prepared and submitted to the satisfaction of the LSRCA. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. 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L �• E C N D 0 H O H J H H (II O O CU CU = CU N CU _0 a) 4— 0) _0 U U U) Q A+ L N Page 232 of 272 7.a) DS2021-187, Danielle Waters, Planner re: Zoning By-Law Amendment Ap... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-187 Development Services Danielle Waters Committee Planner Meeting Date: Subject: 2021-ZBA-13 Motion # January 5, 2022 Angela Fleming Zoning By-law Amendment Roll #: South Part Lot 19, Concession R.M.S. File #: 4346-020-007-10000 6 (Medonte) D14-60053 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-187 regarding a Zoning By-law Amendment applying to lands legally known as South Part Lot 19, Concession 6 (Medonte), Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-13 by Angela Fleming, specifically to rezone a portion of the subject lands from Environmental Protection (EP) to Agricultural/Rural (A/RU) to accurately reflect the presence/absence of drainage, wetland and woodland features that exist on the property on the lands located at South Part Lot 19, Concession 6 (Medonte), Township of Oro-Medonte be approved. 3. That Council provide reimbursement to the applicant in the amount of the application fee, as per the Fees and Charges By-law 2018-044, no Zoning By- law Amendment application fee is required to adjust the boundary of the Environmental Protection Zone on a parcel of land where the adjustments are supported by the Conservation Authority. 4. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 5. And that the applicant be advised of the Committee's decision under the Deputy CAO/Director, Development Services signature. Development Services January 5, 2022 Report No. DS2021-187 Page 1 of 15 Page 233 of 272 7.a) DS2021-187, Danielle Waters, Planner re: Zoning By-Law Amendment Ap... Background: The applicant has applied to revise the EP Zone on the lands to accurately reflect the presence/absence of drainage, wetland and woodland features that exist on the property on the subject property municipally known as South Part Lot 19, Concession 6 (Medonte). The lands have an area of approximately 20.8 hectares (51.5 acres) and a lot frontage of approximately 198.5 metres (651.4 feet) on Line 5 North. The property is currently vacant. Analysis: 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, 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 section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1 provides Natural Heritage policies that require natural features and areas to be protected for the long term and that development and site alteration shall not be permitted in natural heritage features such as significant wetlands, significant woodlands and significant wildlife habitat. The Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. Section 2.2 —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 applicant has submitted an Environmental Impact Study (EIS) and Natural Heritage Evaluation (NHE) report prepared by Azimuth Environmental Consulting Inc dated June 14t", 2021, in support of the proposed development. The report has been submitted and reviewed by Nottawasaga Valley Conservation Authority (NVCA). Through this review, additional modifications to the zoning boundary have been made by the applicant in order to address natural hazard concerns presented by NVCA. NVCA has been circulated on these modifications made pursuant to NVCA guidance, however additional comments from the NVCA are not expected. The Committee should have regard to any NVCA planning comments that may be received. Development Services January 5, 2022 Report No. DS2021-187 Page 2 of 15 Page 234 of 272 7.a) DS2021-187, Danielle Waters, Planner re: Zoning By-Law Amendment Ap... The proposed rezoning will maintain protection around the features with the EP boundary around the environmental features and floodplains. The area to be rezoned A/RU is not regulated by NVCA for flooding or meandering watercourses. Planning Staff is of the opinion that this application conforms to the PPS, 2020. Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020 as the rezoning is compatible with the Rural Area. 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. The subject lands have an identified Significant Woodland and Provincially Significant Wetland on the property. An EIS has been prepared by the applicant and reviewed by NVCA. The limit of the existing features is identified within the EIS report by Azimuth Environmental Consulting dated June 14t", 2021 , and satisfies the requirement for an EIS and NHE. NVCA has reviewed the EIS. The applicant has made additional modifications to the zoning boundary to ensure the flood plains are within the protected area. Planning Staff are satisfied that the revisions made have followed the recommendations provided by NVCA. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Agricultural and Greenlands in the County of Simcoe's Official Plan (Schedule 4). The proposed Zoning By-law Amendment is located within the Greenlands designation. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." (County of Simcoe, 2016). Permitted uses in the Greenlands designation include agricultural uses; agriculture-related uses; on-farm diversified uses; forestry uses; mineral aggregate operations; outdoor passive recreational uses; and residential dwelling units that demonstrate that the lands are not within a prime agricultural area. According to Section 3.8.16, legally existing uses within the Greenlands system will be recognized and can continue. As the applicant has provided an Environmental Impact Study and adjusted the application to satisfy previous comments from NVCA, staff are satisfied that the removal of the specific section of EP zoned land will conform to the County's Official Plan. Development Services January 5, 2022 Report No. DS2021-187 Page 3 of 15 Page 235 of 272 7.a) DS2021-187, Danielle Waters, Planner re: Zoning By-Law Amendment Ap... The County has been circulated the subject application and at the time of writing of this report, planning comments have yet to be received by Township staff. The Committee should have regard to any County planning comments that may be received. In Planning Staff's opinion, the applicant's zoning by-law amendment application conforms with the County's Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated Agricultural and Environmental Protection One/Two in the Township's Official Plan (Schedule 3). Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. In accordance with Section B3.4, lands adjacent to an Environmental Protection Two designation require the submission of an EIS to provide an evaluation of the environmental features present. An EIS and NHE has been prepared and submitted to the Township and reviewed by NVCA. Planning Staff are satisfied that the submitted report creates conformity with Section B3.4. The proposed rezoning is located within the Agricultural designation. The existing environmental features on the property will remain within the Environmental Protection designation and zone. Planning Staff is satisfied that the proposed rezoning maintains and conforms to the Official Plan policies. Proposed Zoning By-law Amendment The subject lands are zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township Zoning By-law 97-95, as amended (refer to Schedule 5). The By-law prepared by Staff would rezone a portion of the subject lands from the Environmental Protection (EP) to Agricultural/Rural (A/RU) (Schedule 7 and 8), which would allow for more land to develop a future dwelling and agricultural building. Through previous meetings, conversations and site visits with NVCA, it was concluded that the Zoning map has overstretched the required protected area. NVCA has confirmed there is floodplain and meander erosion hazards on the property. These features are identified within the NVCA regulated mapping and will continue to be protected, the proposed Zoning By-law Amendment does not affect these features (Schedule 6). As long as the EP boundary is maintained around the NVCA regulated areas, NVCA is satisfied that all features on the property will be protected. NVCA provided two options to the applicant: 1 . amend the EP zone to match the floodplain (blue hatched area on Schedule 6) and meander erosion hazard (green hatched area), then the NVCA would not object to the application. By ensuring that any development is outside all of the hazard lands there would be no further hazard study requirements and no permitting requirements; Development Services January 5, 2022 Report No. DS2021-187 Page 4 of 15 Page 236 of 272 7.a) DS2021-187, Danielle Waters, Planner re: Zoning By-Law Amendment Ap... 2. match the floodplain (blue hatched area) only, however there may be the possibility of a hazard study being needed for any proposed buildings within the meander erosion hazard (green hatched) and a permit would be required. The applicant has provided plans that match Option 2 discussed with the NVCA staff. The proposed area to be rezoned A/RU is not regulated by NVCA and the area to remain EP will encompass the floodplain on the property. The applicant's Option 2 plans have been circulated to the NVCA and at the time of writing of this report, final planning comments have yet to be received by Township staff and are not anticipated to be received prior to the Committee's consideration of this application. However, based on the review and discussions that have taken place to-date with the NVCA, it is Planning Staff's opinion that the applicant's revision is consistent with the NVCA's guidance and that this application can be approved on this basis. The Committee should have regard to any additional NVCA planning comments that may be received. Based on the above, Planning Staff recommends approval of Zoning By-law Amendment 2021-ZBA-13 and has prepared a Zoning By-law Amendment for consideration by Council. (See Draft By-law 2202-01) Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 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 Development Services January 5, 2022 Report No. DS2021-187 Page 5 of 15 Page 237 of 272 7.a) DS2021-187, Danielle Waters, Planner re: Zoning By-Law Amendment Ap... Consultations: • Township Development Engineering o Development Engineering has No Objection to the above noted ZBA. o Previous Development Engineering Comments contained within the Azimuth Environmental EIS and NHE o —Appendix B, 2.0 — Development Engineering Division reflect the above noted. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Township Official Plan Schedule 4: County Official Plan Schedule 5: Existing Zoning Schedule 6: NVCA Regulated Area Schedule 7: Proposed Zoning Schedule 8: Applicants Site Plan Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2021-ZBA-13 be approved, which would permit the revision of the EP Zone on the lands to accurately reflect the presence/absence of drainage, wetland and woodland features that exist on the property. The application conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Respectfully submitted: Danielle Waters Planner Approvals: Date: Derek Witlib, Manager, Planning Services December 22, 2021 Andria Leigh, Deputy CAO/Director, Development Services December 22, 2021 Development Services January 5, 2022 Report No. DS2021-187 Page 6 of 15 Page 238 of 272 7.a) DS2021-187, Danielle Waters, Planner re- Zoning By-Law Amendment Ap... Schedule 1: Location Map T7"'7 T 227 e�eabae•Ia��e,'a�. Id. ICI-� ' .r. 5834 µ 1, �Oiidgs. Read 5833 5610 5718 5970 Z in C J 5610 5615 5640 5536 5555 Schedule 1 Location 'fowushiy of Subject Lands Proud Heritage,Exciting EutuFe 0 400 M File Number:2021-ZBA-13 I Development Services January 5, 2022 Report No. DS2021-187 Page 7 of 15 Page 239 of 272 7.a) DS2021-187, Danielle Waters, Planner re- Zoning By-Law Amendment Ap... Schedule 2: Aerial Photo -Maonelto—Rd . I rseshoeuNlra le Rd. III �.._ d J K + Y Schedule 2 i Aerial Photo 44 "Township of Subject Lands Proud Heritage,Exciting Future 0, 200 Ill File Number:2021-ZBA-13 N Iil Development Services January 5, 2022 Report No. DS2021-187 Page 8 of 15 Page 240 of 272 7.a) DS2021-187, Danielle Waters, Planner re- Zoning By-Law Amendment Ap... Schedule 3: Township's Official Plan vTS"`T T e�eaboe.!a!;e,a1. �1 �Oiidgs. Read z� C J Schedule 3 Township Official Plan - Land Use C."Subject Lands OEnvironmental Protection Two Agricultural (/(`�) l�wrub"1 4t 0 Rural -Environmental Protection One Proud Heritage,Exciting Euteere o 400 m File Number:2021-ZBA-13 I 1 Development Services January 5, 2022 Report No. DS2021-187 Page 9 of 15 Page 241 of 272 7.a) DS2021-187, Danielle Waters, Planner re- Zoning By-Law Amendment Ap... Schedule 4: County of Simcoe's Official Plan 7;,7 .Maoneito Ad. T hi euVIra 11 enlild. III ul z � � �C. L i Schedule 4 County of Simcoe — Land Use 1 Subject Lands Agricultural f IO W U Greenlands - Rural Proud Heritage,Exciting Futwe 0, 400 M File Number:2021-ZBA-13 il Development Services January 5, 2022 Report No. DS2021-187 Page 10 of 15 Page 242 of 272 7.a) DS2021-187, Danielle Waters, Planner re- Zoning By-Law Amendment Ap... Schedule 5: Existing Zoning -Maoneltoee Ad. I n¢esYoeNaile Rd.. a y A/RU A/RU Z� E � J P MMMMMMMMMMM���1 A(RU A/RU(H) EP A/RU A(RU(H) /RU(H) Schedule 5 Existing Zoning Township u f 1 Subject Land. I A/RU(Agricultural/Rural) Proud Heritage,Exciting Future Lei LP(Lnvironmental Protection) 0 300 M File Number:2021-ZBA-13 ti I i i I Development Services January 5, 2022 Report No. DS2021-187 Page 11 of 15 Page 243 of 272 7.a) DS2021-187, Danielle Waters, Planner re- Zoning By-Law Amendment Ap... Schedule 6: NVCA Regulated Area T1�v.­'"7 .Mao sra�e.xa. +� Beano ierrs. 5833 I I wl 1 5610 5718 5970 Z ir) 5610 I= J 5615 5640 5555 5536 Schedule 6 Conservation Authority Regulation Area) luwnsh;' f Subject Lands NVCA Regulation Area Proud Heritage,Exciting Future 0 200 rn File Number:2021-ZBA-13 l l Development Services January 5, 2022 Report No. DS2021-187 Page 12 of 15 Page 244 of 272 7.a) DS2021-187, Danielle Waters, Planner re- Zoning By-Law Amendment Ap... Schedule 7: Proposed Zoning -Maoneltooe Ad. I n¢eshi eNaile Rd. 5833 ICI dge R^� 5610 5718 5970 us1 5610 h J s61 s 564C 5555 5536 Schedule 7 �� Proposed Zoning .11 h;pof L: 1 Subject Lands M Area to be Rezoned Proud Heritage,Exciting Futwe � 0 300 M File Number:2021-ZBA-13 ti I Development Services January 5, 2022 Report No. DS2021-187 Page 13 of 15 Page 245 of 272 7.a) DS2021-187, Danielle Waters, Planner re- Zoning By-Law Amendment Ap... Schedule 8: Applicant's Site Plan 5833 + ri n r 17 ♦ r' ,e of � + ,r P i� , 5718 + '4 1� ,9 ly r +Y + 1 5070 r ' '5 0 , r' froeoSec) i 99 � , s�4a 5615 Required Setbacks 13 Subject Lands __1, Barn Setbacks L'/f;'„t;. .: !�( +♦ EP Zone +�, SFP Setbacks .. Pmrid E.\ilPitiq Fnl+l� EP 30m Setback 0 Zoe m ti I i I Development Services January 5, 2022 Report No. DS2021-187 Page 14 of 15 Page 246 of 272 7.a) DS2021-187, Danielle Waters, Planner re: Zoning By-Law Amendment Ap... Schedule 9: Proposed By-law Development Services January 5, 2022 Report No. DS2021-187 Page 15 of 15 Page 247 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... Rescue Lake Simcoe Charitable Foundation ()gE ANn 120 Primeau Dr. Aurora, ON -y L4G 6Z4 ` Rescue Cr Lake Simcoe rn Oro Medonte Council Coalition Via clerks at jteeter@oro-medonte.ca ti and email to Councillors December 20, 2021 Dear Oro-Medonte Council, It has come to our attention that Council discussed the Municipal Comprehensive Review (MCR) on Dec 8th. We regret missing that meeting. However, many of your residents and cottagers have been working with us at the Rescue Lake Simcoe Coalition to identify areas of concern in Simcoe County's Growth Plan Natural Heritage System map. We would like your support for proper protection of the Lake Simcoe watershed's High Quality Natural Cover areas in Oro-Medonte. Our concerns and maps are included in a December 3rd letter to Simcoe County, attached here. A version has been sent to the province for their consideration as well. Our organization and its Oro-Medonte members would like to have the opportunity to present our concerns and solutions at either of the January 5th 2022 meetings of Development Services and Council. We would appreciate it if a Councilor or Mayor could signal to your residents that Lake Simcoe's health, and the protection of Lake Simcoe's delicate shoreline is of importance to Council by spending some time at one of those meetings on the MCR NHS mapping, and allowing delegations on the topic. In our opinion, Simcoe County has removed many areas from the province's NHS map without any solid policy or environmental rationale. At the December 9th meeting of Simcoe County, the question of the County's decision to remove ALL plans of subdivision from the NHS map was discussed. Simcoe County's response was that the areas have been through a planning process. Some of the areas removed from the NHS map have certainly not been through a formal planning process that meets today's Growth Plan criteria. Indeed, our members have found areas in Oro-Medonte that have been removed from the NHS map that in fact have been formally deemed not to be plans of subdivision. Where these mistakes overlap with the province's High Quality Natural Cover maps, we are strongly urging municipalities to recognize and fix the problem. Details on one site, as an example: Details re plan 589 Page 4 of this package is a PDF of a By-Law 88-102 which extinguished the registration of Plan 589. This is one of the areas recommended to be removed from the NHS for which we think there is no policy rationale. It is no longer a plan of subdivision. One of our group members was told by staff at the Town of Oro-Medonte that the Township owns this subdivision and has no 1 Page 248 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... plans for it. This is not a satisfactory response - we insist that O-M remove these old plans of subdivision from its planning maps and put them back into the Growth Plan NHS. We understand that the County has asked the province for an opinion on the plans of subdivision question. The Rescue Lake Simcoe Coalition has also submitted our opinion to the province. It is fair to say that the jury is out on this point. In the meantime, we hope that Oro-Medonte would not remain silent on the County's mistake of removing plans of subdivision from the NHS map that are not legally plans of subdivision any more in your own borders. Innisfil passed a motion which satisfies our concerns on this topic. We urge Oro-Medonte to do the same. Innisfil Council's resolution supports keeping outdated, non-conforming, plans of subdivision in the NHS, as mapped by the province: December 8, 2021 Innisfil Council resolution, moved by Councilor Alex Waters, passed unanimously: • That staff be requested through the Town's Official Plan Amendment exercise that Oro-Medonte will follow the County's MCR process to update the Town's Official Plan mapping to ensure environmental protection in areas of outdated plans of subdivision which do not conform to A Place to Grow, 2020; • That staff report back to Council in advance of the completion of the MCR process on deeming subdivisions not to be registered plans of subdivision which do not conform to A Place To Grow, 2020; • That staff submit to the County a list of sites, and a request that non-conforming, old registered plans of subdivision remain in the Growth Plan NHS and be removed from Simcoe County's mapping; and • That Simcoe County be requested to ensure that areas of High Quality Natural Cover in the Lake Simcoe watershed be protected by only removing from the Growth Plan Natural Heritage System approved plans of subdivision that were in settlement area boundaries as of July 1, 2017, as per the A Place to Grow policy 4.2.2. s1. and by retaining in the NHS small patches of natural cover regardless of size; The next attachment in this package contains maps and details about the areas in Oro Medonte where we have flagged concerns about inappropriate removal of lands from the NHS. But we do need planners to review this, map it, and present a list of outdated and non-conforming plans of subdivision to Council. By this letter we are formally requesting on behalf of Oro-Medonte residents interested in the protection of Lake Simcoe and natural heritage that: - Oro-Medonte assign a planner to look into these in the same way that Innisfil has. There, a staff planner is reviewing our list of sites and associated maps, determining the status of the plan of subdivision, and will be reporting to Council and Simcoe County on these. - Oro-Medonte Staff map all of the subdivisions that have been expunged, listed in by-law 88-102, and that such map be made available to the public; - That staff determine if there are other deeming by-laws that have the same effect, and that they are treated in the same way as other deeming bylaws discussed in this letter; 2 Page 249 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... - That person should be a Planner and that Planner should warrant on their professional accreditation that all such by-laws have been disclosed; - That this map of outdated, non-conforming subdivisions will be used to remove deemed subdivisions from Oro-Medonte and Simcoe County's maps; - That the areas that are discovered through this process to be appropriate for inclusion in the NHS are included in the Growth Plan NHS map and that these details be sent to Simce County by January 14th, 2022 at the latest. Needless to say, Lake Simcoe needs your help. This is one concrete way that you can correct an administrative error in order to protect the lands that the province has identified as being worthy of inclusion in the NHS. Best regards, L- Claire Malcolmson Executive Director Rescue Lake Simcoe Coalition CC. West Oro Ratepayers Association Barillia Park Residents Association AWARE Oro-Medonte Simcoe County Greenbelt Coalition The Rescue Lake Simcoe Coalition is a lake-wide member-based organization, representing 29 groups in the Lake Simcoe watershed, that provides leadership and inspires people to take action to protect Lake Simcoe. www.rescuelakesimcoe.org 3 Page 250 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... 1 Sign on letter re: opE AND RFy Changes proposed to the province's Growth Plan Natural Heritage System in Simcoe County Rescue LU Lake Simcoe m From RLSC 120 Primeau Dr Coalition Aurora,ON �.y� �4�1 rescuelakesimcoecoalition@gmail.com �C/NE THE Fv�J To Simcoe County Via email to kristin.pechkovsky@simcoe.ca December 3, 2021 Introduction and rationale for maintaining more land in the province's NHS In 2008 all parties unanimously supported the passage of the Lake Simcoe Protection Plan. It is now in effect but more needs to be done to achieve its objectives. For instance, the Lake Simcoe Protection Plan identifies that 40% "high quality natural cover' (HQNC) is needed to protect and restore the watershed's ecological health.The watershed only has 28% HQNC today. A low estimate is that hundreds of thousands of dollars have been spent identifying and mapping these areas. We want them protected, not just studied. The Lake's health depends on it. Indeed, OUR health depends on it. We are in a climate and a biodiversity crisis. All remaining forests and wetlands on earth are critical to the survival of our ecosystems. Any removal of Natural Heritage (NH) features like forests and wetlands for development is unwise, and is contrary to the vision and targets of the Lake Simcoe Protection Plan. The province requires municipalities to implement the Growth Plan Natural Heritage System (NHS) map via the Municipal Comprehensive Review slated to be complete by Autumn 2022.' Putting more natural features in the province's new Natural Heritage System will give some green spaces MORE policy protection than they now receive. But through their mapping refinement exercise, Simcoe County has recommended more areas be removed from the province's Natural Heritage System map than we think the province's criteria and laws recommend. For example: - There is a challenge acknowledged, and identified in the province's NHS technical guidance, around the protection of NH in a highly fragmented landscape. That defines ' htti)s://www.ontario.ca/document/growth-plan-greater-golden-horseshoe/protecting-what-valuable S. 4.2.2. Page 251 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... 2 the Lake Simcoe watershed and Innisfil in particular. This guidance recommends the protection of smaller patches in fragmented landscapes. Thus the undersigned are asking that North South Environmental, then Simcoe County and finally the Ministry of Environment, Conservation and Parks ensure that no small patches of natural cover that are close to, or are within, areas of"high quality natural cover" are removed from the NHS. - Simcoe County is recommending removing 7000 sites from the NHS where there are "minor discrepancies" in mapping of areas less than 1 hectare. The rationale is ease of administration. This is not an adequate approach given the gravity of the situation. The province's Lake Simcoe High Quality Natural Cover map provides the science and logic behind our request for keeping more of these small areas in the NHS mapping. Every undeveloped little bit of Natural Heritage in the mapped areas of HQNC must be protected. 2 - Simcoe County has taken out registered plans of subdivision from the NHS map. But some of those won't get developed for 30 plus years, if ever. We think those should remain as the province mapped them, IN the Natural Heritage System. Registered plans of subdivision that are not going to be developed with the 2021/2022 Municipal Comprehensive Review (Official Plan) updates to 2051 should remain in the provincial NHS. As per the Growth Plan policies, if they are not contiguous with existing settlement area boundaries there is no justification at this time for their removal from the NHS as they should not be approved for development. See Growth Plan policy 5.2.8.4.3 - Simcoe County must follow the criteria for removal in the Growth Plan NHS technical guidance.4 2 North South Environmental. 2021. Review and Refinements to the Natural Heritage System for the Growth Plan Report (p. 21) https://www.simcoe.ca/Planning/Documents/Simcoe%20County%20-%20GP%20NHS%2ORefinements FINAL%200ct%2014%202021%20with%20Figures%20-%20updated.pdf 3 A Place to Grow Act 2020 "Other implementation" policy 5.2.8.4: If a plan of subdivision or part thereof has been registered for eight years or more and does not meet the arowth manaaement objectives of this Plan, municipalities are encouraged to use their authority under subsection 50(4) of the Planning Act to deem it not to be a registered plan of subdivision and, where appropriate, amend site-specific designations and zoning accordingly. 4 Growth Plan NHS Technical Report, (p. 39): Upper- and single-tier municipalities will incorporate the provincially issued NHS mapping into their official plans through a Municipal Comprehensive Review. Refinements that are consistent with the policies of the Growth Plan are as follows: 1. Minor, technical adjustments (e.g., to account for distortion from map projections, discrepancies based on map scales); 2. Addition of natural features contiguous with the boundary of the provincially mapped NHS. When natural features are added, the boundary of the NHS will be extended to include a 30 m vegetation protection zone beyond the edge of the feature consistent with the methods used for provincial mapping (see Figure 18); Page 252 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... 3 Simcoe County says that the natural features in plans of subdivision will be protected in their Greenlands designation. Lands in Simcoe County's "greenlands" protection designation are often developed (ie. Lefroy, Churchill, Friday Harbour, all in Innisfil), as the level of protection in the "greenlands" designation is lower than provincial protection given today to "significant forests", provincially significant wetlands and ANSIs, and the provincial NHS. So removing lands from the NHS and keeping them in "greenlands" protection is not a good way to achieve higher levels of protection for forest and wetland. This razed forest beside Lefroy, Innisfil, was "protected" by Simcoe County's greenlands policies. Goals and targets must guide this exercise Refinements of NHS mapping must aim for a net increase in protected NHS lands in Simcoe County, and must capture the entirety of all local Provincially Significant Wetlands and locally significant wetlands. This green infrastructure is integral to climate adaptation and mitigation. These also reflect the goals of the Lake Simcoe Protection Plan. More specifically we recommend these targets: o Forest cover: 50% forest cover or more of the watershed is likely to support most potential species,and healthy aquatic systems. Simcoe County has 22%, but is losing forest cover. o Wetlands: The greater of(a) 10% of each major watershed and 6% of each subwatershed, or (b) 40% of the historic watershed wetland coverage, should be protected and restored, and no net loss of wetlands. Simcoe County has 14% wetland cover based on our analysis, and approximately half of its historic wetland cover. Simcoe County is losing wetlands. 3. Removal of small portions of the provincial NHS where there is built-up impervious development or infrastructure (that would act as barriers)that was not identified and stamped out of the provincial mapping; 4. Removal of small, isolated portions of the NHS that protrude from the Greenbelt Plan boundary or settlement areas provided these areas have no natural features and are not connected to the larger provincial NHS. Page 253 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... 4 o Achieve the Lake Simcoe Protection Plan's 40% High Quality Natural Cover target: Across the Lake Simcoe watershed, there is only 28% High Quality Natural Cover. This must grow, not shrink. Although we do not know what percentage of Simcoe County is High Quality Natural Cover, we know that we cannot lose any High Quality Natural Cover features. The maps have been available on Land Inventory Ontario since 2011, and can also be found along with the technical guidance for identifying these features.This map was not used by the consultants in the preparation of Simcoe County's Growth Plan NHS. o Develop a plan to actualize Simcoe County's implementation of all Lake Simcoe Protection Plan NH targets:5 ■ No further loss of natural shorelines on Lake Simcoe ■ Achieve a greater proportion of natural vegetative cover in large high quality patches ■ Achieve a minimum 40 percent high quality natural vegetative cover in the watershed ■ Achieve protection of wetlands ■ Achieve naturalized riparian areas on Lake Simcoe and along streams ■ Restore natural areas or features ■ Achieve increased ecological health based on the status of indicator species and maintenance of natural biodiversity • The MNRF has mapped all Lake Simcoe watershed wetlands. It is up to the County to now apply appropriate protection through this process, and bring their mapping up to date to reflect the Lake Simcoe Protection Plan target"achieve protection of wetlands". • I support the inclusion of the LSRCA's Natural Heritage System Restoration Strategy recommended areas for an NHS, and the inclusion of the LSRCA's recommended areas for restoration in the SC NHS. • I support the following recommendation from North South Environmental's Review and Refinements to the Growth Plan's NHS6 "It is anticipated that the County Official Plan will require that all draft approvals have lapsing dates and will include policies that indicate that when determining whether a draft approval should be extended for lapsing draft plans of subdivision, the policies of the Growth Plan must be considered in the development review process." Thus we support this, and want to see the County remove old registered plans of subdivision that don't conform to today's policies, from the NHS. 5 Lake Simcoe Protection Plan, 2009, available here https:Hrescuelaketempdomamn.bloa/wp-content/uploads/2018/11/merged-pdf.iolQdf (p. 46). �https://www.simcoe.ca/Planning/Documents/Simcoe%20County%20-%20GP%20NHS%2ORefinements_ FINAL%200ct%2014%202021%20with%20 Fig ures%20-%20uodated.odf(p 12). Page 254 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... 5 • Finally, this process must deliver on Simcoe County's Official Plan goals which are: o To protect, conserve, and enhance the County's natural and cultural heritage; To achieve wise management and use of the County's resources; o To implement growth management to achieve lifestyle quality and efficient and cost effective municipal servicing, development and land use; o To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties, districts, regions, and separated cities, and First Nations lands; o To further community economic development which promotes economic sustainability in Simcoe County communities, providing employment and business opportunities; and o To promote, protect and enhance public health and safety. rf� + 8 �I a IPA %V County of imlcoe 5 July 2019 L_v PFOporxron of total land area in each'level of protection'. See legend berox LEVELS OF ENVIRONMENTAL PROTECTION 'r' =t +►�" BEST PROTECTED:These features are subject to pollctes that prevent or tWhthl restrict dewlopment or i r r I other land cover change on them. _. SOMEWHAT PROTECTED:These features are subject Lalm Simme Watershed to pnlicles that,r,hib,t most development or other land cover change,with sonw exceptions_ OTHER: Farmnandr built-up areas,and other land covers- 2 bu l k"6 voawea hr ras,n'k'tea Mohhwred and W1.raho-,t. + Irie'awae ".ius�iaretnw,.ehimm i mtl5epnen[s..•,. r:,,e'M: :off',,, °eairvthe Am LBJ4 5m QallNm While Simcoe County's Greenlands are vast, far too much natural heritage is "protected" by regulations that do not adequately or permanently protect a natural heritage SYSTEM of connected patches. For more information on this research see: htti)s:Hrescuelakesimcoe.ora/about-us/accomplishments/lake-simcoe-areenlands-project/ Page 255 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... 6 GEOGRAPHICALLY SPECIFIC AREAS OF CONCERN BASED ON AREAS OF HIGH QUALITY NATURAL COVER MAPPED BY THE PROVINCE We request that the following areas identified by the Rescue Lake Simcoe Coalition and many community volunteers remain in the Natural Heritage System as =r - = "► mapped by the Province. They are flagged below - because the Simcoe County mapping exercise , proposes to remove them. ' 4 Big Bay Point: Tiles 28 & 29 Most of Big Bay Point was mapped and identified as } "High Quality Natural Cover" by the province of Ontario in 2011; the province found that the BBP area was worthy of inclusion in the NHS. Any components of the Point that are not approved plans of subdivision must be included in the Natural Heritage System. There is no guidance in the province's NHS Technical Criteria that suggests that registered plans of subdivision should be removed from the NHS. Pileated Woodpecker chicks at BBP. Credit Laurie Wallace Additional details on Big Bay Point locations of concern: - Two areas north shore of BBP, on the edge of Barrie: Both areas are mapped as Significant Woodlands in Innisfil Natural Heritage Discussion paper Final, pg. 14. North South Environmenta17. These are in the High Quality Natural Cover map from the province$. Indicated as "shoreline residential" with Natural Heritage overlay on Innisfil OP 2017 Land Use Schedule. Not in a settlement area. - Area 1 - west side - 3655 20 Sideroad, Innisfil; 3699 20 Sideroad, Innisfil, 3718 Fairway Road, Innisfil, 1344 Robinson Place, Innisfil, over to roll # 431601005411070, All of Longwood road, down to Big Bay Point rd. 3710 Strathallan Woods Lane South, Innisfil, lands southwest of Longwood, to Stathallen woods. As a whole these are all large enough to keep in the NHS. - Area 2 - east side - the area between the Silverbirch and Whitecap Dr subdivision, and the next NHS area. Roughly from 1215 Shoreview Drive, Innisfil htti)s://innisfil.ca/wi)-content/uploads/2019/12/Natu ralHeritageDiscussionPar)erFI NAL-I D-458982.1)df 8 Download Ontario's Lake Simcoe watershed High Quality Natural Cover map here: https://rescuelakesimcoe.org/wp-content/uploads/2019/05/HighQualityNaturalCover Final.pdf Page 256 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... 7 on the west end of this section, to along Shoreview Dr. to Guest �f { Rd - hard to believe these , are less than 50% ro � 'i forested. These should remain in the NHS. j ' - Friday Harbour Golf Course - put it back IN the NHS since it is large, not a subdivision, has ;a some natural cover and could : have more, and is part of a "high quality natural cover' area - Church compound - 3857 30 Sideroad, Innisfil. Currently a collection of cabins, but is not a Forest behind Crescent Harbour Rd. subdivision. Would like as much as possible to remain in the NHS. - Crescent Harbour, South corner- landowner starting to alter landscape, may be looking to build. Crescent Harbour Rd (titled Block Plan-area and shoreline highlighted) and also Plans 675 from 1923 and Plan 1016 from 1951 that confirm the designation as a subdivision. It has not been developed. Leonard's beach wetland: 9th line and 20th sideroad, Innisfil - Make sure this remains in the NHS. The Teromi property: 3275 25th Sideroad, Innisfil - This site is of high ecological significance and groundwater recharge whose "Future Urban" designation has been questioned by many. If the timing works, we strongly advise the Town of Innisfil to put an end date on the endless negotiations with the land owner; if he does not submit a development proposal that meets the Town's terms as per the Dec 8th, 2021 Staff Report DSR-180-2, remove the "Future Urban" designation on the property, and add it to the NHS if possible in 2022, at least in Simcoe County's EP 1 category, and have it included in the Growth Plan NHS at the next MCR. Gilford: Tile 22 - 1284 Shore Acres Drive, Innisfil. Roll #431601000400200. Large "unevaluated" wetland proposed to be removed - this must be protected in the NHS. It borders a large privately held conservation area at DeGrassi Point, and abuts the historic Walker Farm, a heritage site, and helps to reduce flooding in Gilford which is already a problem. It "...has been a draft plan of subdivision for executive estates since around 1986" according to the local Councillor. It is included as "estate residential" in Innisfil OP 2005 Land Use Schedule. lit is not in the Gilford settlement area boundary in the 2017 Innisfil Official Plan. Page 257 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... 8 Oro-Medonte: Tiles 36, 37 &48 Almost the entire Oro Medonte shoreline is identified by the province as High Quality Natural Cover. Only remove the built up areas that are approved plans of subdivision. There is no guidance in the province's NHS Technical Criteria that suggests that registered plans of subdivision should be removed from the NHS. In 1988 before its amalgamation with the Township of Medonte, the Township of Oro passed By-Law 88-102 "A By-law to designate certain Plans of Subdivision not be registered Plans of Subdivision. All. OL" extinguishing several of its registered plans of subdivision including Plan 589. By-Law 88-102 is not available in the online document registry of the Township. It would be helpful if the Township of Oro-Medonte could identify the geographical areas included in the several registered plans that were extinguished in order that those areas could be appropriately protected. Additional details on Oro-Medonte locations of concern: Tile 48 8 Mile Point • Has a conservation area that should be included in the NHS. They did not request that this conservation area be removed from the NHS. • Just north of 2880 Lakeshore Rd E is the Carthew Bay Wetland. Roll #434603 001 206 500. Take care not to remove this from the NHS, and only take out the housing on Lakeshore. • 2553, 2501, 2461 Lakeshore Rd E - these are large woodlands and should not be removed from the NHS. • 820 Memorial Ave. Subdivision between Woodland Dr and Memorial Ace on the outskirts of Orillia. Shoreline wetland must be protected. Tile 47 • Roll #434603001213860 - shoreline habitat with no road access. Keep in NHS. Just west of Line 15 S. • Just north of 538 Line 12 South, Oro-Medonte, NHS wooded area should remain in NHS. Roll #434 60106 1044300 • 16 Taras Boulevard. Held by "Ukrainian Park". Appear to be looking for Zoning change, from EP2 to EP1 for seasonal trailer and or cabins. ZBA 10 - but no application - This is currently forested, should remain so, is in the HQNC area mapped by the province. Does not appear to be "community area" in the Simcoe County GIS. Tile 36 UCCI /Greenwood Forest Road - Registered Plan 51 M-187. Block 43 - Residents are opposing the development; it's a significant woodland connected to the NHS; it is mapped by the province as an area of High Quality Natural Cover; it should not be removed from the NHS. Page 258 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... 9 - Not proposed as a subdivision, but it meets the criteria of a subdivision. Therefore there is no registered plan of subdivision. - The proposed 10 proposed UCCI development lots would have these approximate addresses: - proposed lot 9 lots on Greenwood Forest Road attached would be approximately 30 Greenwood Forest Rd (lot 9 attached) thru to lot 2 attached would be approximately 60 Greenwood Forest Road. - the one lot on Windfields (lot 1) that are situated directly beside the cold water creek would be approximately 23 or 25 Windfield Dr West. - the developer UCCI has submitted to Township of Oro Medonte in June 2020 this request: -Applications 2020-B-04 to 2020-B-12 and Notice of Public Meeting Zoning By-law Amendment ("ZBA")Application 2020-ZBA-05, for the lands described as Registered Plan 51 M-187, Block 43, in the Township of Oro-Medonte, County of Simcoe. - it is under consideration and not yet approved. - 691 LINE 9 SOUTH, should remain in NHS, not developed. May be part of the same proposal. Tile 36 other: - Assessment# 434601000830000, just east of line 5, also unsubdivided, forested, should remain in NHS. 21 Windfields Dr. - Near Lakeshore E and Orillia St, West of Line 7, just west of where line 8 would be, this is known as Plan 589 (Barrillia Park) which was designated not to be a registered plan by By-Law 88-102 of the former �- Township of Oro. Roll numbers Include: Photo of Oro-Medonte shoreline near Greenwood Forest Rd. Credit Ed Evans 434601000955002, 434601000955001, 434601000955000, 434601000954904, 434601000954911, 434601000954912, 009-52200, 009-52201, 009-52202, 009-52203, 009-52204, 009-52205, 009-52206, 009-52207, 009-52210, 009-52211, 009-52300, 009-52301, 009-54601, 009-54700, 009-54800, 009-54900, 009-54901, 009-54902, 009-54903, 009-54904, 009-54905, 009-54906, 009-54907, 009-54908, 009-54909, 009-54911, 009-54912, 009-55000, 009-55001 and 009-55002 - This is an undeveloped subdivision contiguous with NHS, keep in the NHS. - Red removal outline on water. Close to Line 7, 131 Lakeshore Rd. E. This marks the water lots in front of these shoreline properties. The water lots extend approximately 300 feet Page 259 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... 10 out into the lake bed of Lake Simcoe and are deeded properties. Is this to remove water rights? - Roll #434601000935500 and 118 Lakeshore Road West, Oro-Medonte - super rare undeveloped shoreline lots - this must not be removed from the NHS. This is Shelswell Park,a municipal park! This is connected to the north to the NHS and HQNC. - Line 2 area - Roll #434601000711100 "Shanty Bay Church Woods". This was saved BY THE COMMUNITY, BY RESCUE LAKE SIMCOE COALITION DIRECTOR TIM CROOKS. RIP. This must stay. It is protected by a covenant with the Couchiching Conservancy. Ramara: Tile 50 There should be a buffer on the north side of the Trent river abutting the Greenbelt. Ensure that all of the province's High Quality Natural Cover is included in the province's NHS. Only remove the built up areas that are approved plans of subdivision. There is no guidance in the province's NHS Technical Criteria that suggests that registered plans of subdivision should be removed from the NHS. A swath of valley land or natural !►. �x' , area is also being removed along the border with Brock Township. Provide the justification for this or keep it in the NHS please. §, Tile 49 Proposes removal of an important wetland swamp south of Lagoon City from protection. Residents ` " along Lake Drive have witnessed . this wetland absorb storm waters .� ! M. €..,Y - •r�rY and decrease flooding for a shoreline and adjacent homes and cottages during numerous storms. In this time of climate ' emergency, it is not wise planning ` = to remove important natural areas from protection. Tiny Township: Tile 53 Request that Waverley Uplands Recharge Zone, near 40 Darby - -. Rd. be considered for inclusion in r ' f - the NHS. (Outside LS watershed, not an area of HQNC.) Page 260 of 272 8.a) Correspondence dated December 20, 2021 from Claire Malcolmson, Exec... 11 Thank you for receiving our submission. The following organizations are signatories to this submission: AWARE Simcoe Barrillia Park Ratepayers Association (Inc) Concerned Citizens of Ramara Crescent Harbour Association Friends of Strawberry Island Innisfil District Association Innisfree Ltd. Rescue Lake Simcoe Coalition Simcoe County Greenbelt Coalition Sustainable Orillia West Oro Ratepayers Association Page 261 of 272 (�6 O O z ° ► 0 0� i J Z af IL IL c� EL r, a Z 0 v w l •�'�ti- '8' � Mom~ (�6 O O z ° ► 0 0� i J Z af IL IL c� 0 EL NOW w ° z "♦ �'T� z af ILILEL a ME- ELI Q Q Q F h w z �• ��LU f L, (�6 (2) O O z 0 0� (DO z af IL IL � N ❑ ❑ ❑ ❑ oEL ISO Q Q Q s J \ `ILI i D (�6 O O z 0 0� af IL IL UN EL gt t a, y,. p [ 1 h \r`tis. a w (�6 0 O O a� 0� J zE E m ❑ u ® ® ❑ o z z 7 Ij w 4\ Q m 1 .I KI / JI I ' I 1 (�6 0 O O z 0� IL IL � N 1 i,. Y �w �'•e M1 L _ 1y L a fo 4- r- 4-1 d) rn r- V) A ro T 3) 4J 0 a; ra 4-) 4-: 6 cu ro: 10 cu C); -0 _j tn: 4J V, c): >, (A 0, CO rn: ro 4J 4- (11 I- 7 O'n cu: r (U: CL: 4-): 1-: CU: 0 4- 0) ro JLJ ra C aj r zr - LL CX 0 o: :Z M -fir .................... .0 cu Ix 6 C:) C:) 4-) Ln V) LL. :c CL O c) LLJ LLJ co co co C) C'j Ln C) i cli m w lcna0u1e L" (4)Nature of Documenl By-Law - Section 49, Planning Act od } y (5 Consideration %-p 120 N fZ z ap 0 y.. LL Dollars$ w Cz .7 d (8)Qeacripflon titip n4 LL S 8 Lots l�o 24; both inclusive and all of r` Blocks A B, C, D, E, G, H, S, all on 0 � -�-- - o t s n� Registered Plan 1, in--the_Township LL �' of Oro, County of Simcoe New Property Identifiers Addirionat See ❑ Continued on Schedule attached hereto (7)This (a) Redescription ; (b)Schedule for: Addllonat Document Now Easement Additional See ❑ contidno: PlarVSWch ❑ Description © Parties ❑ Other p Sdedule (6)ThIs Document prmrldes as follows: , 1, MICHAEL W. SHAIN, of the City of Barrie, in the County of Simcoe, Soli:,iter for the rorno ration of the Township of Oro, a party to the By-Law No. 88-102, which affects the lands described in box (o ) aieu Schedule "A" attached hereto. I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. Declared before me at the ) City of Barrie, in the 1 /' County of Simcoe, this ) Vd ,, day of December, 1988. ) MICHAE 5 IN A Commissioner, ( tc. Continued on Schedule ❑ �(9)This Dnwment relates to by trumtnt r(s) (10) Party(les)(Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M t] CORPORATION OF THE TOWNSHIP 1988 I.2 Z MICHAEL W. SHAIN OF O(i0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BX Its Solicitor, MICHAEL W. SHAIN I have authority to bind the Corporation (11)Address for Service p. 0. Box 100, Oro Station, Ontario LOL 2E0 (12)Party(tes)(Set out Status or Interest) Names) Signature(s) DY to of Signature t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. . (13)Address for Servke 1141 Municinal Address o1 Prowrty 11M nnrumanr arpnnnwf hw c_...A Tom. Box (6) - Description (cont'd) Lots 1 to 15, both inclusive, North side Main Street, Lots 1 to 6, both inclusive, East side Mill Street, Lots 1 to T- 13, both inclusive North side Robinson Street, Lots 1 to 1 8, both inclusive South side Robinson Street and Blocks A, B, C, D, E, F, G, fi, all on Registered Plan 93, in the Township of Oro, County of Simcoe Lots l to 228, both inclusive, and Block A all on Registered Plan 589, Township of Oro, County of Simcoe Blocks A, B, C, D, E, and Lots 1 to 410; both i;:clus-ve all on Registered Plan 626, in the Township of Oro, County of Simcoe Lots 1 to 83, both inclusive and Blocks A, B, C all on Registered Plan 709, in the Township of Oro, County of Simcoe Lots 1 to 103, both inclusive and Blocks A, B, C, D, E, F, all on Registered Plan 798, Township of Oro, County of Simcoe Lots 1 to 23, both inclusive, all on Registered Plan 1154, in the Township of Oro, County of Simcoe. 1 A BY-LAW TO DESIGNATE CERTAIN PLANS OF SUBDIVISION NOT TO BE REGISTERED PLANS OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT, S.O. 1983, C. 1 AS AMENDED. WHEREAS it is considered desirable in order to control adequately the development of certain areas within the Township of Oro, that certain existing Plans of Subdivision be deemed not to be registered Plans of Subdivision for the purposes of Section 49 (3) of the Planning Act S.O. 1983, C. 11 as amended. AND WHEREAS Section 49 ( 4) of the said Planning Act provides for the passing of necessary By-Laws designating any Plan of Subdivision or part thereof that has been registered for eight years or more, to not be registered Plans of Subdivision for the purposes of Section 49 ( 3) of the said Planning Act. NOW THEREFORE, The Council of the Corporation of the Township of Oro enacts as follows: 1. The following designated Registered Plans of Subdivision within the Township of Oro, namely: Plan Numbers 93, 589, 626, 709, 798, 1154, each in their entirety and all of that portion of Registered Plan 1 lying east of Penetanguish- ene Street, are hereby deemed not to be registered Plans of Subdivision for the purposes of Section .49 ( 3) of the Planning Act S.O. 1983, C. 1, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 19th DAY OF DECEMBER, 1988. BY--LAW READ A THIRD TIME AND FINALLY PASSED THIS 19th DAY OF DECEMBER, 1988. THE CORPORATION OF THE TOWNSHIP OF ORO e aMIEyotL'1111 . --ROBERT E. DRURY 01 � n X/ ; DMZ IS RATOR/CLERK-ROBERT W. SMALL f, Robvi W. Cf'rl' 4 the Ccrpwallon ot i d Towrsh.p :i Oro do i._r:' _f:1Oy une:er my hand and the co porali- seal Eh al +%e bregoin�*-a true and Correct copy ock By—law No. ga-113-2- f which tr�s J. DOW L 19,,,;, 1988