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02 02 2022 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Township of Proud Heritage, Exciting Future Wednesday, February 2, 2022 5:30 p.m. Effective Monday, January 31, 2022, all Township facilities are to be open by Appointment Only and 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 274 a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 14 a) Minutes of Development Services Committee meeting held on Wednesday, January 5, 2022. 5. Public Meetings: None. 6. Public Hearings: 15 - 86 a) 5:30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance Application 2021-A-76, Julia Masalova, 2239 Lakeshore Road East [deferred at January 5, 2022 Development Services Committee meeting]. 87 - 110 b) 5:40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re: Minor Variance Application 2021-A-83, Cherene Mulder & Candance Platt, 3127 Penetanguishene Road. 111 - 141 c) 5:50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2021-A-84, Sue-Ellen Morrison, 4 Martine Crescent. 142 - 168 d) 6:00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-85, Ashlynne Dale, 2387 Line 4 North. 169 - 200 e) 6:10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-01, Lisa & Andy Browning, 3 Black Forest Lane. 7. Reports of Municipal Officers: 201 - 205 a) DS2022-016, Danielle Waters, Planner re: Consent Application 2022-B-01 for Validation of Title by David Robert Wilson and Mary Elizabeth Veltheer, 1081 Moonstone Road East, 5107 Line 10 North. 206 - 220 b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application 2021-A-70, David Burgess and Marites Calacala, 551Penetanguishene Road. 221 - 249 c) DS2022-010, Derek Witlib, Manager, Planning Services re: Telecommunication Towers — Xplornet Communications Inc. (Agent), 432 Line 7 South, Application 2021-PCA-27, William Robert Crawford (Owner) and 906 Line 14 North, Application 2021-PCA-28, Walter Daniel Pezuk (Owner). 250 - 254 d) DS2022-014, Danielle Waters, Planner re: Request for Temporary 2nd Dwelling at 776 Line 2 South by Sherry McCaskie [Refer to Item 5a) 02 02 2022 Council Meeting]. Page 2 of 274 255 - 259 e) DS2022-015, Danielle Waters, Planner re: Request for Temporary 2nd Dwelling Extension, 228 Drury Mill Rd. — Dwinnell [Refer to Item 5b) 02 02 2022 Council Agenda]. 260 - 274 f) DS2022-012, Derek Witlib, Manager, Planning Services re: Request for Extension of Draft Plan Approval, Draft Plan of Subdivision Application 2012-SUB-03, Project Services Inc. (Baxter's Place). 8. Next Meeting Date: Wednesday, March 2, 2022. 9. Adjournment: a) Motion to Adjourn. Page 3 of 274 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, January 5, 2022 5:30 p.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Staff Andria Leigh, Deputy CAO/Director, Development Services; Derek Witlib, Present: Manager, Planning Services; Andy Karaiskakis, Senior Planner; Catherine McCarroll, Intermediate Planner; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: 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. DSC220105-1 Moved by Greenlaw, Seconded by Scott It is recommended that the agenda for the Development Services Committee meeting of Wednesday January 5, 2022 be received and approved; That the comments received re: Item 8a), as outlined on the agenda, be received. Carried. Page 1 of 11 Page 4 of 274 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 5, 2022. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, December 1, 2021 . Motion No. DSC220105-2 Moved by Keane, Seconded by Veitch It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, December 1 , 2021 be received and approved as printed and circulated. Carried. 5. Public Meetings: Amami.. ilk a) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, 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). Mayor H.S. Hughes called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Stan and Lorene Casiez. The following correspondence was received: Township of Oro-Medonte, Building Division dated December 8, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated December 8, 2021 , Township of Oro-Medonte, Operations Division dated December 8, 2021; Lake Simcoe Region Conservation Authority dated January 5, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Angela Baldwin, Baldwin Planning and Development Consultants, on behalf of the applicant, was present. A PowerPoint presentation was presented. Page 2 of 11 Page 5 of 274 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 5, 2022. Stanislas Casiez, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the meeting adjourned. b) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, 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]. Mayor H.S. Hughes called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Angela Fleming. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated December 7, 2021. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Angela Fleming, applicant, was present. 1q=hh' % Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the meeting adjourned. Page 3 of 11 Page 6 of 274 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 5, 2022. 6. Public Hearings: a) DS2021-188, Danielle Waters, Planner re: Minor Variance Application 2021-A-76, Julia Masalova, 2239 Lakeshore Road East. Mayor H.S. Hughes called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Julia Masalova. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated December 10, 2021 ; Township of Oro-Medonte, Operations Division dated December 13, 2021; Township of Oro-Medonte, Building Division dated December 16, 2021 ; Lake Simcoe Region Conservation Authority dated December 17, 2021; Susan Cowie dated January 2, 2022 (2); Cindy Snow and Mark Rafuse dated January 3, 2022; John Trelour, Jean Grolisky, Penny Trelour, Susan Cowie, William and Susan Melbourne dated December 29, 2021; Cindy Snow dated January 5, 2022; William and Susan Melbourne dated December 16, 2021 and January 5, 2022. N06, Am Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented.. Julia Masalova, applicant, was present. The following provided public comments: Cindy Snow provided comments with respect to the size of lots and the size of the decks, privacy with the two decks overlooking her lot, noise, applicable permits, and posting of the public sign concerns, feels application is not minor, application should be deferred as it was not public and potential short term rental (STR) rental concerns. Mark Rafuse provided comments that the minor variance application with the by-law dimension sizes and with the reductions at both sides, he does not feel the application is minor. John Trelour provided comments he is in agreement with what the neighbours submitted and provided. The application did not specifically mention a second story to the addition and changes to the boathouse. The dimensions and text on the site plans are minuscule and not legible and therefore hard to fully understand what is proposed. The size of the proposed application on the lot is not minor and not in keeping with the character of rural landscape, application could negatively impact the value of surrounding properties and, if possible, he would like to see Committee's comments regarding their concerns that were submitted in writing on the Notice of Decision. Page 4 of 11 Page 7 of 274 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 5, 2022. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220105-3 Moved by Hough, Seconded by Scott It is recommended 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 deferred to ensure posting of public hearing notification sign in accordance with Planning Act requirements is satisfied. CX Carried. b) DS2021-191 , Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-79, Douglas & Katherine Humphries, 7 Oak Place (Big Cedar Estates). Mayor H.S. Hughes called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Douglas & Katherine Humphries. The following correspondence was received: Township of Oro-Medonte, Building Division dated December 13, 2021; Township of Oro-Medonte, Manager, Development Engineering dated December 13, 2021; Huron-Wendat Nation dated December 16, 2021; Nottawasaga Valley Conservation Authority dated December 20, 2021. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Doug Humphries, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Page 5 of 11 Page 8 of 274 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 5, 2022. Motion No. DSC220105-4 Moved by Scott, Seconded by Hough It is recommended 1. That DS2021-191, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-79, Douglas & Katherine Humphries, 7 Oak Place (Big Cedar Estates) 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 DS2021-191. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature Carried. Motion No. DSC220105-5 Moved by DeSousa, Seconded by Keane It is recommended that, further to Minor Variance Application 2021-A-79, the applicant be reimbursed for Minor Variance Application 2021-A-79 in the amount of $700.00. Carried. Page 6 of 11 Page 9 of 274 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 5, 2022. c) 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. Mayor H.S. Hughes called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Peter & Shirley Shelswell. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated December 10, 2021 ; Township of Oro-Medonte, Building Division dated December 16, 2021 ; Severn Sound Environmental Association dated December 16, 2021; Lake Simcoe Region Conservation Authority dated December 17, 2021 . Catherine McCarroll, Intermediate Planner explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Peter and Dave Shellswell, applicants, were present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220105-6 Moved by Veitch, Seconded by Greenlaw It is recommended 1. That 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 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 DS2021-190. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 11 Page 10 of 274 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 5, 2022. d) DS2021-192, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-81 , Elissa & Ian Balfour, 12 Country Club Lane. Mayor H.S. Hughes called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Elissa & Ian Balfour. The following correspondence was received: Township of Oro-Medonte, Environmental Services dated December 14, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated December 14, 2021; Township of Oro-Medonte, Operations Division dated December 14, 2021; Township of Oro-Medonte, Building Division dated December 17, 2021 ; Elissa Balfour dated January 5, 2022. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Elissa Balfour, applicant, was present. C Ak, Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220105-7 Moved by Veitch, Seconded by Keane It is recommended 1 . That DS2021-192, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-81 , Elissa & Ian Balfour, 12 Country Club Lane 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 Country Club Lane, be approved, subject to the conditions as outlined in DS2021-192. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Recorded Vote Requested by Councillor DeSousa Councillor DeSousa Yea Councillor Greenlaw Yea Deputy Mayor Hough Yea Councillor Keane Yea Councillor Scott Yea Councillor Veitch Yea Mayor H.S. Hughes Yea Page 8 of 11 Page 11 of 274 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 5, 2022. e) DS2021-193, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-82, Ashley & Ryan McKnight, 69 Moon Point Drive. Mayor H.S. Hughes called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Ashley & Ryan McKnight. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated December 14, 2021 ; Township of Oro-Medonte, Operations Division dated December 14, 2021; Township of Oro-Medonte, Building Division dated December 17, 2021 ; Lake Simcoe Region Conservation Authority dated December 17, 2021 . Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Ryan McKnight, applicant, was present. '%L Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220105-8 Moved by Greenlaw, Seconded by Scott It is recommended ON410 1. That DS2021-193, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-82, Ashley & Ryan McKnight, 69 Moon Point Drive 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 DS2021-193. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 11 Page 12 of 274 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 5, 2022. 7. Reports of Municipal Officers: a) DS2021-187, Danielle Waters, Planner re: Zoning By-Law Amendment Application 2021- ZBA-13, Angela Fleming, Concession 6, South Part Lot 19 (Medonte) Township of Oro- Medonte [Refer to Item 5a) 01 05 2022 Council Agenda]. Motion No. DSC220105-9 Moved by Keane, Seconded by Veitch It is recommended A*#k, 1 . That DS2021-187, Danielle Waters, Planner re: Zoning By-Law Amendment Application 2021-ZBA-13, Angela Fleming, Concession 6, South Part Lot 19 (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 Concession 6, South Part Lot 19, (Medonte), Township of Oro-Medonte be approved. 3. That reimbursement to the applicant, in the amount of the application fee as per the Fees and Charges By-law, be approved as 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 appropriate draft by-law be brought forward for Council's consideration. 5. And that the applicant be advised of the Committee's decision under the Deputy CAO/Director, Development Services' signature. NSCarried. Page 10 of 11 Page 13 of 274 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 5, 2022. 8. Communications 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. The Committee consented to allow Claire Malcolmson to provide additional comments. Motion No. DSC220105-10 Moved by Scott, Seconded by DeSousa It is recommended Ot 1. That the correspondence dated December 20, 2021 from Claire Malcolmson, Executive Director, Rescue Lake Simcoe Coalition re: Simcoe County's Growth Plan Natural Heritage System Map be received. 2. That, further to Motion No. C211208-10, at the December 8, 2021 Council meeting, staff review the December 20, 2021 correspondence and confirm if additional comments are required to be submitted to the County of Simcoe. Unanimously Carried. 9. Next Meeting Date: Wednesday, February 2, 2022 10.Adjournme a) Motion to Adjourn. Motion No. DSC220105-11'` Moved by Veitch, Seconded by Greenlaw It is recommended that we do now adjourn at 8.36 p.m. Carried. Mayor H.S Hughes, Chair Derek Witlib, Manager, Planning Services Page 11 of 11 Page 14 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-017 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # February 2, 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. DS2022-017 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 DS2022-017. 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 February 2, 2022 Report No. DS2022-017 Page 1 of 13 Page 15 of 274 6.a) 5.30 p.m. DS2022-017, 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 provides a vegetation plan, to the Township's satisfaction, that 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 proposed application was previously presented to Committee at the January 5, 2022, meeting. At the time, there had been discrepancies as to whether the notice sign had been posted in the required time frame in accordance with the Planning Act. Committee made the decision to defer the application, to ensure that the required notice period had been completed. The applicant received a new sign and has posted it appropriately on the mailbox, visible from the road and approachable to be read by the public. Several concerns were brought forth by residents in regards to this application. Below is a list of concerns with brief explanations: • Height of structure and location of boathouse is not relevant to the application as no minor variances are required for the boathouse; • Short term rentals are not permitted on the lands. Should short term rental usage occur, a complaint may be reported to the Municipal By-Law Department for investigation and enforcement; • All potential drainage issues are addressed through the requirement for the submission of an Engineered Lot Grading Plan to the satisfaction of the Township as per condition g); • Septic verification is required as per condition e), should a new septic be required, permits would need to be obtained from the Township for a new septic system installation, in addition to the owner obtaining the required LSRCA permit. 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. Development Services February 2, 2022 Report No. DS2022-017 Page 2 of 13 Page 16 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... 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 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 an 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. Development Services February 2, 2022 Report No. DS2022-017 Page 3 of 13 Page 17 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the 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 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. Development Services February 2, 2022 Report No. DS2022-017 Page 4 of 13 Page 18 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... 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. 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. Upon site visit and use of aerial photos, Planning Staff noted the majority of dwellings on the lake side have detached accessory buildings within the required front yard setback ranging from 0 metres to the required 7.5 metre setback (refer to Schedule 5). Development Services February 2, 2022 Report No. DS2022-017 Page 5 of 13 Page 19 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... There are several dwellings on the street on both sides of the subject property, that are two stories, including the neighbours to the east, and several dwellings that do not appear meet the required 3.0 metre side yard setback based on aerial measurements. 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. As discussed in the Zoning section above, there are many garages closer to the road and dwellings closer to the property line than permitted on this street, and therefore Planning Staff do not believe the proposed dwelling will stand out or disrupt the character of the neighbourhood. 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 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. Development Services February 2, 2022 Report No. DS2022-017 Page 6 of 13 Page 20 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... 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 • 13 comments of concern from the public Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Elevation Drawings Schedule 5: Aerial of Street Development Services February 2, 2022 Report No. DS2022-017 Page 7 of 13 Page 21 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... 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 January 27, 2022 Andria Leigh, Deputy CAO/Director, Development Services January 27, 2022 Development Services February 2, 2022 Report No. DS2022-017 Page 8 of 13 Page 22 of 274 6.a) 5.30 p.m. DS2022-017, 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 February 2, 2022 Report No. DS2022-017 Page 9 of 13 Page 23 of 274 6.a) 5.30 p.m. DS2022-017, 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 February 2, 2022 Report No. DS2022-017 Page 10 of 13 Page 24 of 274 6.a) 5-30 p.m. DS2022-017, 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 February 2, 2022 Report No. DS2022-017 Page 11 of 13 Page 25 of 274 6.a) 5.30 p.m. DS2022-017, 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 February 2, 2022 Report No. DS2022-017 Page 12 of 13 Page 26 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... Schedule 5: Aerial of street a stir SR tCi Schedule 5 Toumship of File Number 2021-A-76 Proud Heritage,Exciting Future Development Services February 2, 2022 Report No. DS2022-017 Page 13 of 13 Page 27 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... From: Jorge Bartolo <imbartolo59a-gmail.com> Sent: January 5, 2022 7:37 PM To: Scott, Shawn <shawn.scotta-oro-medonte.ca>; Hughes, Harry <harry.hughesa-oro-medonte.ca> Cc: . Council <Councila-oro-medonte.ca>; Aubichon, Yvonne <yaubichona-oro-medonte.ca> Subject: [External] DS2021-188 Re: Minor Variance Application 2021-A-76 for 2239 Lakeshore Rd. E. 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. To Council: One of the concerns I have with the "Minor" Variance is the position of the Garage which is being place in the front yard of the home. The biggest problem with this is that this addition to the house has become a eye sore. It blocks the view of the adjacent properties considerably. Part of the reason for set backs on the front yard is to also create a line by which the front of the houses virtually line up along the road, creating good aesthetics. A good example of this poor situation has happened along Lakeshore Rd. W. between the 5th line and 6th line at 244 Lakeshore Rd. W. Basically the neighbouring houses View towards the one side is completely blocked from the front of the house until you are almost on the street. Just recently in the city of Toronto, a Judicial decision resulted in a completely finished house having to be torn down. If I'm not mistaken the city was also responsible for the cost to tear the house down. The house had been build much closer to the road way, but another Minor Variance had been granted. I believe there actually is a limit to what is considered a minor Variance, this would indeed support the concern of some of the residents which spoke at the meeting. I believe this is bad Planning, if this Front Yard Variance should be approved. If I am not mistaken, one other Bylaw comes to mind that the township has made it illegal to build Garages on the front yards of houses. Could this minor Variance not just be a way to get around this bylaw. Attach the Garage to the house and I find a way to circumvent the No Garages in the Front yards bylaw. Jorge Bartolo Page 28 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... From: Craig,Jason Sent:January 20, 2022 9:57 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2021-A-76) Masalova Good afternoon, Building comments as follows: Requires LSRCA approvals, and be mindful of limited distance at the 1.27m to property line. Kind regards, Page 29 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... From: Liam Munnoch <L.Munnoch@lsrca.on.ca> Sent:January 21, 2022 1:27 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Cc: Waters, Danielle <dwaters@oro-medonte.ca> Subject: [External] RE: Notice of Public Hearing - Development Services Committee Meeting February 02, 2022 (2021-A-76) Masalova Good Afternoon Abbey, Please note that our LSRCA comments on the captioned Minor Variance Application remain unchanged. Please refer to the previous comments letter sent on December 17t", 2021. Thank you, and please let me know if you require anything further. Liam Munnoch, BURN. Planner 1, Planning Lake Simcoe Region Conservation Authority 120 Bayview Parkway, Newmarket, Ontario L3Y 3W3 (905) 895-1281, ext. 232 1 1-800-465-0437 1 Mobile- (289) 338-8759 I.munnoch@lsrca.on.ca I www.LSRCA.on.ca Page 30 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... From: Saunders, David Sent:January 17, 2022 3:08 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2021-A-76) Masalova 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 31 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... From: Metras, Justin Sent:January 18, 2022 8:53 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2021-A-76) Masalova Abbey Operations has no comments on this application. Justin Page 32 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... From:Scott Henry Sent:January 27, 2022 12:03 PM To: Planning<Planning@oro-medonte.ca> Subject: [External] Application 2021-A-76 Dear Sir/ Madame, I am resident on Lakeshore Road East between the 12t" and 13t" line. For the following reasons, I have concern with the noted application; • 1 don't think any residence should be this close to the water, for several environmental reasons • The obstruction of lake views by the construction of this second building is unfair to the adjoining residents of the subject property, we all pay for the views seen at purchase and a dramatic the change like this would greatly affect the adjoining properties enjoyment and property value, this will lead to residents wanting air rights. • The lot coverage proposed is like that of downtown Toronto, not a rural community like Oro,too much possible occupant and other load on the property and surrounding services • Concern with possible rental of the property, which is becoming more common and not appealing to the majority of residents Thank You Page 33 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... Sent:January 25, 2022 10:20 PM To: Planning<Planning@oro-medonte.ca> Subject: [External] Application 2021-A-76; 2239 Lakeshore Rd East Oro-Medonte Importance: High Hello I am interested in finding out some information on the above "minor Variance application". If you can help me with the following questions, I would much appreciate your assistance please and thank you for your help. 1. What is considered "Minor Variance"?This applicate: is asking for a 45% reduction in the front yard, AND a 57% reduction on the interior yard. Is this considered"MINOR"?When is Minor Variance, not a Minor? 2. The drawing attached to this application does not show the location of the septic system. Please provide details of location (update drawing to show it) 3. Where is the well on the drawing? Please provide details and update the drawing to show the well. 4. Will a new septic system be needed for the large 2 storey, if approved ? If yes, where will it be placed? 5. The proposed building looks too BIG for the existing 60' wide property. Do you agree? It looks like a compound. 6. What is the home owner planning to do? Live in it full time herself? Will this new building become a "Short Term Rental Property or an AirBnB"? 7. How will the township ensure it does not become a short term rental and or Air BnB? I have the understanding short term rentals and AirBnB are illegal in Oro-Medonte. 8. Is there not an "expectation" of keeping our Rural Neighbourhood... Rural..... by not allowing HUGE compound buildings to be (allowed) built on a narrow and small piece of property? 9. Where is the allocation of a swale to ensure all waters on this said property remain on the same property? Please send me the details and update and indicate on the drawing provided (thru your Township website). 10. How will the new property owner guarantee the excess water from the "proposed eavestrough" will remain on the owner's property? As a neighbour of Lakeshore Road East; I too, am a tax paying concerned citizen wondering if you, the Township of Oro-Medonte will allow (yet another)variance to a "new home owner" by changing the landscape of the street? Thanking you in advance for your help in answering my questions. Regards, Joanne Eddy Page 34 of 274 6.a) 5.30 p.m. DS2022b0ry P) Ie tna�rRl5nrratine6Er,*irmbteVariance A... 6a) Additional correspondence received , ter, The Corporation of The Township of Oro-Mello : Minor Variance Application Application: 2021-A-76 JAN Owner: Julia Masalova ©R04AEDONTE Subject Lands: 2239 Lakeshore Road East Purpose_ The applicant is proposing to construct an addition and a second storey to the existing single detached dwelling-The applicant is seeking relief to the following sections of Zoning By-law 97-95: Applicants Site Plan; co 0 ^f�lf00 Lo 4.23 metres(13.87 feet) u N393�`73'E w !&24 teseR 1 r— x b ` o E o s o CO CL o �- 02 ': f rvnl' CV N -K l f V IS w� Q '] 1.27 metres(4.16 feet) i e � r c Iz r � y .p 0 R L C-0 r co zzw \ d Cn CD w -t---------- € � E _ 5 E cr We submitted 3 letters to Council outlining our concerns for opposing this variance,some of which are listed on the back of this page. This was their ruling It is recommended that Minor Variance Application 2021-A-76 by Julia rasa{ova _ 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 deferred to ensure posting of public hearing notification sign in accordance with Planning Act requirements is satisfied. Page 35 of 274 p1 n FmQSa05 0 uDaoetyd Planner re- Minor IarC2 A...The ap at15rpog2detn the front a n7f ruo n te interior yard.Adding a 12-16-inch soffit mould 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 feet that doubting the size of the existing building on a 60' lot is not.compatible With our rural landscape. 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. 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 take? From wells? From structures? 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. Access and separation between structures was originally established in the'60s and '60s by Oro, pre-amalgamation, to facilitate first responders to get to the shoreline to provide aid to the area most commonly associated with personal injury situations, the waterfront shoreline. The standard was 10 feet(now 3.Om or 9.8 ft)to allow an ambulance to get from the road to the scene at the shoreline_ - . For further information, please contact the Secretary-Treasurer during regu'ar office hours Monday to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28, 2022 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. R Lets get together and stop this now before it becomes the new normal in our rural residential area.The more signatures the bigger the impact, simply sign below with your address before JANUARY 26, 2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 5t', 2022 SIGNATURE DATE ADDRESS ' ( u- JCtiivary r5�ao�a c Y /lGt��viy L� +\d Page 36 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... The appkation is proposing a 45%reduction on the front yard and a 57%reduction on the interior yard.Adding a 12-26-inch soffit would further irilpaCL the owner of 7..237. 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. � e feel that doubiing he size of the existing building on a EV lot is riot compatible with Our rural landscape. ;iooding along the lakes re is a considerable problem and there is no site plan indication of a swale to Dandle surl`ace w2ter runoff which will otherwise be dir&eted to adjacent properties. This could cause permanent damage to the adjacent properties. There is no indication of the septic system location on site plan.Presuming that it must he on the lake side Yvili there be access to that area of the property to install it? Tea maintain it? What ji; :is capacity be? is there sufficient room far a mantle for such a septic system given the size and use of the house? Will the file€ed be sufficiently distant from the fake.` From wells? From structure{e e have a strong suspicion that this second storey and addition proposed is for the purpose or a short-term rental property,which at this time is illegal in Oro-Me orate. cr Access arch separat beWeen structures was originally established in tine`6Ds and'6os by Oro, pre-arnaigarnaiion,to faciiiiate first responder to get to the shoreline to provide aid tD the area most commonly associateo with personal injury situations, Ins water?ror- shoreline.The standard was 10 feet(now 3.Om or 9.8 ft)to allow an ambulance to get from the road to the scene at the shoreline. For further information, please contact the Secretary-Treasurer during regu,ar office hers Monday to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the Public Or January 28, 2022 on the Township's Web Site: ww .oro-medonte.ca or froi-n the Deveio.or-je, Services Department. 1OWW" Sets get together and stoic this now before it becomes the new normal in our rural residential area_The more signatures the bigger the impact,simply sign below with your address before JANUARY 25,2022. Chop it in the mailbox @ 2237 or 2241 and we will present all to Oro- iedonte Council. l AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 lAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 51h, 2022 SIGNATURE DATE ADDRESS - _ 412 1 • . , 7F ,�b L6 6, 2 of 3 Page 37 of 274 1I27124322,4:27 PM Therffd r. nce A... interior yard.Adding a 1.2- 6-Inch sof itt would further impact the owner of 2237_ if and when the eatisting mature hedge:dies their view will be forever changed to that of the back of a garaged A 57%reduction by definition is not minor. iNe feel that doubling the size of the existing building on a 60' lvt is not compatible with our rural landscape. Plodding along the Lakeshore is a considerable problem and there is no site plan indication of a Swale to handle surface water runoff which will aathai^iWica ba directed to adjacent properties. This could cause permanent damage to the adjacent properties. 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 o the house? Will the file bed he sufficiently distant from the lake? From wells? From structures? We have a strong suspicion that this second storey and addition proposed is for the purpose o a short-term rental property, which at this time is illegal inOro-Medonte. Access and separatior between structures was originally established in the'50s and'64s by Circa, pre-amalgamation, to facilitate first responder; to get to the shoreline to provide gait{to the area most commonly associated with personal injury situations, Ithe waterf,ron shoreline.The standsM was 10 feet(now 3.0m or 9.3 ft)to allow an ambulance to get from the road to the scene at the shoreline. For further information, please contact the Secretary-Treasurer during regu,ar office hours Mond. to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Deport will be available to the public on January 28, 2022 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. "```� S , R. Lets get together and snap this now before it becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 26, 2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro- edonte Council. I AM OPPOSED TO THE ISSUING OF A MfNOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 5111, 2022 SIGNATURE DATE ADDRESS Page 38 of 274 The a�po�,gsl � '� 7 f � tuna n ce A... hbartor yard.Adding a 12-1b 4Kh soffit ward further impact the owner of 2237. tf and whe,the edsting matpre hedge rites UWr view wt8 be lbrever changed to that of the back of a garage?A M reduction by deflnItion Is not minor. We feel that doubling the size of the a ds ing bull ft on a&Y lot Is not onrnpatIbie with our rural landscape. Roods along the Lakeshore Is a c ond*rabte problern and these Is no site plan won of a Swale to haredie wrfdca avatar rttnoff°which wilt adwwka be dPr cbmd to act cw*p"er ies. This could cause permanent damage to the agent properties. 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 capnUty bed Is there UfflkWt room far a marsh 1br sxh a septic systwn~the stm and use of tM house? Will the tk bed be sufficler*distant from the take? From wells? From structures? 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. Accm and seWrafion termer structuras was orsghwily sehifthed in th o'SQs and'88s by Oro, pre-amakgar Wion,to faaTitate fm responders to get to the shoreline to provide aid to the arm most ownumnly associated with personal Injury sib motions, the waterfront sixNeffm The sUmdaM was 10 feet(now a Otn or.9.8 fq to W w an amlwlanm to get from the road to the watts at the ine. storet For further information, please contact the Secretary Treasurer during regu!ar office hours Monda, to Friday 8:30 a.m.to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28, 2022 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. Lets get together and stop this now before it becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 24 2022. Drop it In the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 5th,2022 SIGNATURE DATE ADQREg —� 0 � Z Page 39 of 274 6.a) 5-30 p.m. DS2022-017, Danielle Waters, Planner re- Minor Variance A 1 AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE .REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 5", 2022 PTURE URE DATE ADDRESS , , �;:tv L0.6c, 9& -- -S14 0 ,r'3 Page 40 of 274 The S6 iA%s Iv in)6V &4iuN"6n\(Rpance A... Interior yard.Adding a 32-16-inch soffit world further impact the owner of M7. if and when the existing mature hedge Mies their mew 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 6LY tot is not compatible with our rural landscape. Flooding along the lakeshore is a considerable problem and there is no site plan Indication of a Swale to handle surf"water runoff which will otharwisa be directed to sdiac ent properde& This could cause permanent damage to the adjacent properties, There Is no indication of the septic system location on site plan. Presuming that it must be on the lake sine 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 fbr such a septic system given the size and use of the house? Will the the bad be sufficiently distant from the lake? From wells? From structures? 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. .Access and separation between structures was originally established in the'60s and'GQs by Oro, pre-amalgamation,to facaTrtate first responders to Sat to the shoreline to provide aid to the area most manly associated with personal Injury situations, the waterfront stiareilne. Th8 st3ndaM was 10 feet(now 3.Om or 9.8ff)too allow an ambulance to get from the road to the scene at the shoreline. For further information, please contact the Secretary-Treasurer during regu'.ar office hours Monday to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28, 2022 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. Lets get together and stop this now before it becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 26, 2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Ora-Medonte Council. I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE REASONS SUBMITTED ATTHE PUBLIC HEARING ON JANUARY 5�,2022 SIGNATURE DATE ADDRESS ZV Page 41 of 274 oocu5ign Envelope ID.8B�R4 _ . -DSEN229017, Danielle Waters, Planner re: Minor Variance A... I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 IAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 5t", 2022 SIGNATURE DATE ADDRESS CDoaustned W l�irUA Ut. A. 1/2 4/2022 39 Pugsl ey Lane, Oro Medonte LOUTO ABfiBCABnC54CX0A... � Page 42 of 274 Theli�p� � 64�d'�sciRl. d Prr ,rrQ�/ ance A... kterkw yard.Aging a 12-1b-Inch soffit would further itnpW the owner c f 2237. if and when the emb ng.matum hedge dies their view will be forever changed tri that of the back of a garage?A 57%reduction by delinifion is not mirar. We feel that doubling the size of the existing buHft on a&Y lot is not compatible with our rural landscape. Flooding airing the lakeshore is a aonsiderabie problem and there Is no site plan Indication of a swale to handle surface water runoff which uMi othnwwka ba diradad to acl jv #properties, This could cause permanent damage to the add properties. 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 tat area of the property to install It? To maintain it? What will its capacity be? is there suffldent room for a mantle for such a septic system 9hien the she and use of the house? Will the the bed be suffiden*distant from the lake? From wells? From structures? We have a strong suspicion that this second storey and addition proposed is for the purpose a a short-term rental property,which at this time is illegal in Oro-Medonte. .Access and separation betm n stnftr v=originally esWiliished in the Sk and SOS by Oro, pre-arrmlqfunation.to ftaftEft fist responders to get to the shoreline to provide aid to the area most cornmoniy associated with personal Injury situations,Via waterfront fie.The stwxlaM was 10 bet(now 3.Orn or 9.8 11)to aaow an ambularce to gal tt rn the mad to the scene at the _ shoreline. _• _ For further information, please contact the Secretary-Treasurer during regular office hours Monde to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28, 2022 on the Township's Web Site: www.oro-medonte.ra or from the Development Services Department. ; Lets get together and stop this now before it becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 2%2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 IAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY S'',2022 I NA RE DATE ADDRESS Page 43 of 274 The ance A... interior Yard.Aging a 12-3 6-inch soffit would further impact the acme of 2737. if and when the existing mature hedge files their mew wild be lbrew changed to that of the back of a garage?A 57%reduction by definition Is not mirror. We feel them doubffng the size of the existing building on a&Y lot Is not compatible with our rural landscape. Flooding aIo eshore Is a aonstderable probiern a resuming that it Must be on the 5 �jt=h7eP0h:qkuse? tti irisall it2 To rnairrtam ft? IAIItiat will its ? Ls.therie sufffdem room fbr a mantle 1br such a septic system ghaon tie size and use of I've Will the tife bed be sufi kkr*distant from the lake? From wells? From structures? We have a strong suspicion that this second storey and addition proposed is fbr the purpose of a short-term rental property,which at this time is illegal in Oro-Medonte. .Access and separation bE Nmw sinKh s was ortgim*esWbk&W in tm Us wW'Ok by Oro, pre-smakjornstim.to Mate first responders to get to the shoreine to provide xid to the ww ffwW commo*associated wm personal inimy sftuatk:rns,tt-e waterfront Wxxodw The shmdowd was 94 fWA(now&0rn or 9.8 it)to Wbw an ambulance th get from the road to the scene at the st_ioreiine. For further information, please contact the Secretary-Treasurer during regu.ar office hours Monda to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on ,January 28., 2022 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. Lets get together and stop,this now before it becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 2%202.2. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. i AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD.E. FOR THE T THE PUBLIC HEARING ON JANUARY St' 2022 SIGNATUREDATE ADDRESS f p� ✓l/ Page 44 of 274 The§pom%W1:ppF6p�9 Wdu r iPii�e&te*�A@g rrpedaa96Wff4ance A... interior yard,Adding.a 12-ifrirtch soft mould outlier Impart the owner'of 2237. If and vrhen the existing mature hedge dies their AM will be forever c hanged to that of the lack of a gat age?A 57%reduction by deffnition Is not minor. We tel that doubling the size of the exisft building on a 6V lot is not compatibie wfth our rural landscape. Floc4ng along the lakeshom is a eon able Problem and there is no site plan Erman of a swale W handle surface water runoff which will ath mko he&ftetsd to sclj mm*propwuea. This could cause pernownt damage to the a4acent properties. There is no indication of the septic system location on site plan.Presuming that ft mast be on the woe We will there be acc m to that area of the property to Install it? To maintain it? What will its Capacity be? 1s there sulkknt room for a mantle for such a septic system ghmn the size and use of the house? Will the tiie bed be sufficiently distant from the lake? From wells? From structures? 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, .Accass and separation to was originally esWA %d in the'6Us and`fibs by Oro, Pr"ffna4wnstion, to 1f dTfbste first responders provide aid to the are0 most conv=*amoc fated with wwnal injury station, the waterfront � s,�t{m�r�kal� w The was'10 te0(now 3.Om or 9.810 to all w an WnbU ace to get from fire road to the scans at the For further information, please contact the Secretary-Treasurer during regular office hours Monda,. to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28., 2022 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. " Lets get together and stop this now before It becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 26,2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. I AM OPPOSED'TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY St',2022 OGNATURE DATE ADDRESS n -A,- 1 -1 Z U z2 �Lilt SL P � Cap &f e Page 45 of 274 The4p ��s4 �P� e� a �rrr �Rro� �ance A... interior yard.Adding a 12-164nch soft would further impact the owner of M7. If and when the existing mature hedge dies their view will be fbrever changed to that of the back of a garage?A 57%reduction by defiriition is not mlr:or. We tel that doubling the size of the existing building on a W lot is not compatible with our rural landscape. Flooding along the lakeshore Is a considerable problem and there is no site plan indication of a Swale to handle surface water runaff which will ottarwi a be diracfiad to adjacent properem& 'T'hb could cause permanent damage to the adjacent properties. 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 systarn given tha size and use of _ the house? Will the file bed be sufficiently distant from the lake? From wells? From structures? 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. .Access and separation between structures was origins ty established in th 60a and'60s by Oro, Pr"- malgarnaiion, to facilitate first responders to get to the shorel"me to provide aid to the area most commonly associated with personal injury situations, the waterfront shoreline. The standwd was 10 fleet(now 3.4m or 9.8'ft)to allow an ambulance to get from the mad to the scene at the shoreline. ' For further information, please contact the Secretary-Treasurer during regu!ar office hours Monda,, to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28, 202-2 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. sr Lets get together and stop this now before it becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 26, 2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 tAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 5ti;2022 SIGNATURE DATE ADDRESS a,'61Tay c-,VoZ�; f 1 w e's- d ke"c- G: Page 46 of 274 The raokkW iporop g4iA4ucR"IiRreWilp*aWff7Viped%oon oge nce A... Interior yard.Adding a 12-16-inch soffit world 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 SA reduction by definition is not minor. We tel that doubling the size of the existing building on a 6V lot Is not compatible with our rural landscape. Flooding aldq�the lakeshore is a considerable problem and there is no site Plan indication of a Swale to handle surface water runoff which will otharwiee be diroebW to sdiscent prope,.tia. This could cause permanent damage to the adjacent€►mperties. 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 suffident room fbr a mantle for such a septic system,gavon the raze and ur.9 of ---the house? Writ the tife bed be sufficiently distant from the lake? From wells? From structures? 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. Wween&UCtUrM w29 originally esthblished in the'6N and Tft Oro re.e .Access and separations to get to the Shoreline to provide aid to the area,roost commonlyby ' P malgarnal inj to focal Cate first waterfront shoreline. The Standard was 10 feet(now 3.0m or 9.8 ft)to allow an ambulance to getssociated with ft l injury situations,tots, the waterfront shoreima get from the read to the scene at the For further information, please contact the Secretary-Treasurer during regu.ar office hours Monday to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28, 2022 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. Lets get together and stop this now before it becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 26, 2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY Sth,2022 51C JNATURE DATE ADDRESS c�Wcf LakCeShore )a ary-19ed ar&prt- Page 47 of 274 The RAO6 WdJ&6,6WVfdance A... Interior yard.Adding a 12-164nch soft would further Impact the owner of 2237. tf and when the eking mature ledge dies dheir view wM be forever changed to that of the back of a garage?A 57%reduddon by deffiitkm is not minor. We feel that doubling the size of the existing bulldbtg on a&Y lot is not ooinpatibie with our rural landscape. Hooding along the Lakeshore is a considerable problem and there is no site plan won of a Swale to handle surface water runa fwhkh wfll at Amfta to directed to adgaw*propathm This could cause permanent damage to the adiaoent wgxrlfes. There is no indication of the septic system location on site plan.Presuming that it must be on the lake side will there be aomss to that area of the property to install R? To maintain it? What wil I its capacity be? is there suf Rjera room for a mantle 1br such a septic system&Ken thQ size znd use of _ _the house? WM the the bed be sufficiently dista from the lake? From wells? From structures? 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. _ Access and wperaWn bemeen strt dun was originatlyy�in the-6 s and'84s by Ora, pre-amakyar�,to taalftte first responders to get to the dxwetine to provide aid to the arcs rrtioat owunoniy assoclaW w th personal injury situations,the waterfront shoredrM The shmdard was 10 IN9(now&0m or 8.8 fl)to Wbw an ambulance to get from Me road to the scene at the For further Information, please contact the Secretary-Treasurer during regu!ar office hours Monda to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on ,January 28, 2022 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. Lets get together and stop this now before It becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 24 2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBUC HEARING ON JANUARY 561,2022 SIGNATURE DATE DRESS s ct Page 48 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 I AKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 51h, 2022 SIGNATU DATE 2 Z ADDRESS Z- Z Zz 1,2 ,6✓c)U R ry t= 2 '°� Ir�t��C J 09!'� 411 fr �f Zan 23� Z 2 2 2S f Page 49 of 274 The A... krberlor Yard.Adding a 12-164nch wf#it would further impact the owner of 2237. If and when the exis"mature hedge dies their view wlli be forever Changed to that of the back of a garage?A 57%reduction by definitkm is not minor. We feel that doubling the size of the existing buff ft on a&Y lot is not compatible with our rural landscape. Flooding along the lakegxwe Is a considerable problem and there is no site plan indication of a swale to handle surf2m wad rtarofPwhich will otharwk*be directed to adjacent propo thm This could cause permanent damage to the aunt properties. There is no Indication of the septic system location on site plan. Presuming that it must be on the Wm side wilt these be access to that area of the property to install ft? To maintain it? What will its capadty be? is there suffictent room for a mantle for such a septic system Oven the size and use of the house? Will the cite bed be suffidendy distant from the lake? From wells? From structures? 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. Access and separation between strudu es was originally esbAfthed in the'S0s and Ift by Oro, pre-amalgamation,to fadlitate first responders to gat to the shoreilne to provide aid to the arm most awnrnordy ammclated with personal Injury&-W�the waterftnt shorellne.The standard was 10 fed(now 3.Om or 9.8 M to stow an arfutance to get from the road to the scene at the shoretine. _ For further information, please contact the Secretary Treasurer during regu'ar office hours Monda to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28., 2022 on the Township's Web Site: www.oro-medorrte.ca or from the Development Services Department. e, Lets get together and stop this now before it becomes the new normal In our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 24 2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 5t',2022 SIGNATURE DATE ADDRESS Page 50 of 274 The up� 1 Wd pby%dance A... Mentor Yard.Adding a 12-16-inch soft would further Impact the owner of 2737. if and vrhen the wdstMg.rnature hedge dies ttteur view will be forever changed to that of the back of a garage?A 57%reduction by dafinfon is not minor. We feel that doubling the size of the adsting iwilift on a 61Y bt is not oompatible with our rural landscape. Flooding alum the kkvshare Is a cDnaderable problem and there Is no site plan indication of a Swale W handle surface*afar runofFwhlch vAI aftrwwo bo dir dnd to adsw w*properties, This could cause permanent damage to the adacent properRes- There is no indication of the septic system location on site plan.Presuming that it must be on the take 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 fix a mantle for such a septic system given the size and use of the house? W#II the tale bed be sufficiently distant from the take? From wells? From struC.tures? 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. .Access and separation beimn struclu as w2s originally eshiblished in the'60s and Ift by Oro, pne-ama��on,to ibaTitute tst responders to get to the shoreline to provide aid to the am most cornrrionly associated with personal injury situations, the waterfront shoaWh&The sue'dud was 10 feet{now 3.Om or 8.8 ft}to e8ow an ambulance th get from the road to the scene at the For further information, please contact the Secretary Treasurer during regu.ar office hours Monde to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28, 2022 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. Lets get together and stop this now before it becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 26,2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD.E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 5t',2022 TURE DATE ADDRESS 7-0. 330 Z/ 113 Page 51 of 274 The 4o69aQlpp%ppAiQ 4gu&MnMhWe hp�Pjari 6ri%d roW nce A... hwW yard.Adding a 12-1G4inc h soft would further impact the owner of 2237. if and when the exsUng mature hedge dfts their view wiA be forever changed W that Of the back of a garage?A.57%reduction by definition Is not minor. We feel that doubling the size of the existing buts fug on a W lot is not compatible with our rural landscape. Rxxiing aloq�the Lakeshore is a considerable problem and there is no site plan Waadon of a male to handle surfi3m water r"ffwhich will aft rwka be direr to a4event prvperdm This could cause permarient damage to the aOc:ent properties. There is no Indication of the septic systern lotion 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 suit room for a amuTtiei for such a septic swstarn gioan the size and use of the house? 1M11 the ble bed be suffrciendy distant from the lake? From wells? From structures? We have a strong suspicion that this second storey and addition proposed is for the purpose o a short-term rental property,which at this time is illegal in Oro-Medonte. . . .Access and separation bet sbv4burw was origi *eshAl'ashed in the'60s and`Bits by Oro, pre4nw4 nefion, bD faaltte fo-st responders to get to the shoreffm to provide aid to the aces most manly aaaoclated with personai injury sttuadons.the waterfront shamans.The sWxhvd was 10 fleet(now 3.0m or 9.8 ft)th alow an anibu ance tD get from Me road to the scene at the shoreline. . L �^ For further information, please contact the Secretary Treasurer during regu'ar office hours Mond to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28, 2022 on the Township's Web Site: www.oro-medorrte.ca or from the Development Services Department. "oa1 Lets get together and stop this now before it becomes the new normal in our rural residential area.The more sutures the bigger the impact,simply sign below with Your address before JANUARY 2% 2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. f AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 5t',2022 G ATU DATE ADDRESS 22 O • 7- Pj 7 2.jf I_Ilgf 11AA)t V PAUL, � 40 t TO Page 52 of 274 The en�pqAF&JA&q6nV&iance A... hterior yard.Adding a 12-16-inch soft would further impact the Owner of M7. If and when the existing mature hedge dies their view will be forever changed W 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&Y tot is not compatible with our rural landscape. Flooding along the Lakeshore Is a considerable problem and there is no site plan Indiction of a swale to handle surfam water runoff which will othorwita bo diroctsd to st4ace tt properties, This could cause permanent damage to the adjacent properties. 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 suffident room for a mantle for such a septic system given the site end use of _ the house? Will the tide bets be sufficiently distant from the lake? From wells? From structures? 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. .Access and separation between str uctues w2s originally established in ft 50s and iOs by Oro, pre-amalgamation, to%cTtate first responders to get to the shoreline to provide aid to the area most ae nonty associated with personal Injury situations, the waterfront shoreline.The standard was 10 feet(now 3.Om or 9.8 ft)to allow an ambulance to get from the road to the scene at the shoreline _ For further information, please contact the Secretary-Treasurer during regular office hours Monda} to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28, 2022 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. �1� Lets get together and stop this now before It becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 26,2022. Drop It in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE -REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 5e; 2022 SI NA RE DATE ADDRESS Page 53 of 274 The apA4r pAgetQ@ Oi@ fk I fed�n4p a n ce A... interior yard.Adcling.a 12-urinch soffit would further Impact the owner of 2237. W and w rture hedge dies then view wf11 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 buff tg on a 61 Y Tot Is not compatible with our rural landscape. Flooding a"the Lakeshore Is a considerable problem and there is no site plan Indication of a swale to handle surface water nmafPwhich will atharwim bo throated ft.acfil■ w*properties. Thla could cause permanent damage to the adjacent properties. There Is no Indication of the septic system location on site plan.Presuming that it must be on the lake side wf11 there be access to that area of the property to install It? To mainftin ft? What wil l its wpMdW be? is there suit roost far a mantle for such a septic systern gjven the stm and use of the house? WI11 the tle bed be sufficiently distant from the lake? From wells? From sWxtures? We have a strong suspicion that this second storey and addition proposed is fnr the purpose of a short term rental property..which at this time is illegal in Oro-Medonte. Access and separation between Ouclum was originally established in the'50s wW iOs by Oro,preyarraigamatlon,to facilitate first responders to get to the sltorefine to provide aid to the area most commonly associated with personal Injury situations.the waterfront one.The sbwxbw i was 10 feet(now&Om or 8.8 ft)to allow an ambulance to get from the road to the scene at the For further information, please contact the Secretary-Treasurer during regu!ar office hours Monda, to Friday 8:30 a.m.to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28, 2022 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. Lets get together and stop this now before It becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 29 2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. I AM OPPOSED TO THE 1SSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 51',2022 SIGNATURE DPI ADDRESS 2 2• Z Page 54 of 274 The � 'p p � 64 uc P e�Q.A br ro nee A... MWW Yard.Adding a 12-1S-inch soffit would further Impact the owner of M7. if and when the exdsting mature hedge dies their View wlli be forever changed to that of the of a garage?A 57%reduction by definition is not minor. We feel that doubling the size of the existing building on a 6(Y lot is not compatible with our rural landscape. Flooding along the kkeshore is a come problem and there is no site plan Indlation of a Swale to handle surface water n ao fwhcch will oho bo d€re a to**event properties. Thb axid cause permanent damage W the adaoent properties. There is no Indication of the septic system location on site plan.Presurri g Owt it must be on the lake side will there be access to that area of the property to mall It? To maim it? What will Its capac ty be? is there suf kient room for a mantle for such a septic system Shoon tha slza and use of the house? Will the the bed be sufficiently distant from the fake? From wells? From structures? We have a strong suspkion that this second storey and addition proposed is for the purpose o a short-term rental property,which at this time is illegal in Oro-Medonte. Access and separation between s6udum was orighwly estahfiehed in the'SOs wW Ift by Oro,pre-amalgamsfion,to iWilitate first responders to get to the shoreline to provide aid th the arm mast cocrm cnly assoclated with peisonel injury situations,the waterfront shomflne.The standar1 was 10 feet(now&0m or 9.8 ft)to allow an ambulance to get from the road to the scene at the shoreline_ For further informafion, please contact the Secretary-Treasurer during regu:ar office hours Mond to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28., 2022 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. , Lets get together and stop this now More it becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JANUARY 26,2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD.E.FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY 5 h,2022 I NA R DEE ADDRgg Page 55 of 274 The 6�f��4 "%T,;d �� 6F ci �b ance A... lntertor yar&Adding a 12-164nch soft word further Impact the owner of V37. W and vvhen the existing mature hedge dRm thdr mew writ be fbrever r tranW to that of the back of a garage?A 57%reduction by defintion is not minor. We feel that doubling the size of the existing bulkft on a&Y lot is not compatible with our rural landscape. Flooding a"the iakeshore.is a>aorisiderable problem and there is no site plan Mdlcation of a Swale to han[Ile sarf2ce watr nmfl`which wM otiwrwke be diracted to s4wosnt properties. This mull cause permanent damage to the adjacent properties. There is no indication of the septic system location on site plan.Presuming that it must be on tM lake side will t1wre be access to that area of the property to install it? To maintain It? What will its capacity be? Is there suff[dent room for a nuntla for such a septic systern given the size and use of _tits house? Will the the bed be suflicien*distant from the lake? From wells? From strictures? We have a strong suspicion that this second surrey and addition proposed is for the purpose of a short term rental property,which at this time is illegal In Oro-Medonte. .Access and separation bebNwn strucbffw was originals ssI bfided in the'60s and Ift by Oro,pre-aeon,tofwwdate iirst responders to get to the ahoreline to provide aid to the ame most conmim*associated with personal injury situations, the waterfront shoradirre.The sbindard was 10 fo#(now&Om or 9.8 11)tD show an ambulance to get from the road to the scene at the For further information, please contact the Secretary-Treasurer during regu'ar office hours Monda to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 28, 2022 on the Township's Web Site: www.oro-medorrte.ca or from the Development Services Department. PR . Lets get together and stop this now before it becomes the new normal in our rural residential area.The more signatures the bigger the impact,simply sign below with your address before JAN UARY 24 2022. Drop it in the mailbox @ 2237 or 2241 and we will present all to Oro-Medonte Council. 1 AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD.E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY Vh,2022 SIGNATURE DAT ADDRESS 22es Page 56 of 274 DocuSign Envelope ID:7%AC,9pq� D�U2r-781 7, Danielle Waters, Planner re: Minor Variance A... I AM OPPOSED TO THE ISSUING OF A MINOR VARIANCE FOR 2239 LAKESHORE RD. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY Sty',2022 SIGNATURE DATE ADDRESS Docu fined by: Nw 1/24/2022 39 Pugsley Lane, Oro medonte LOUTO "171E52FD4F7... i Page 57 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... I AM OPPOSED TO THE ISSUING DE A MINOR VARIANCE FOR 2239 LAKESHORE R.D. E. FOR THE REASONS SUBMITTED AT THE PUBLIC HEARING ON JANUARY St' 2022 SIGNATURE DATE ADDRESS ON e are o 5ed - C)-- We- qre A-C4 (TP�Ye� (-r tic, 444 Lk5e f Page 58 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... ----- Forwarded Message ----- From: Paul Sanderson <psanderson(a)rogers.com> To: Leigh, Andria <aleighaoro-medonte.ca>; Witlib, Derek <dwitlibCa.oro-medonte.ca>; Waters, Danielle <dwaters(a.oro- medonte.ca>; . Council <council(a-)oro-medonte.ca> Cc: Teeter, Janette <iteetera-oro-medonte.ca>; Karaiskakis, Andy <akaraiskakis(a)oro-medonte.ca>; Aubichon, Yvonne <yaubichona-oro-medonte.ca>; Dedora, Abbey <adedoraa-oro-medonte.ca>; Ian Veitch <ian.veitch(a)oro-medonte.ca>; Tammy DeSousa <tammy.desousaa-oro-medonte.ca>; Cathy Keane <cathy.keanea-oro-medonte.ca>; Shawn Scott <shawn.scotta-oro-medonte.ca>; Randy Greenlaw <randy.areenlaw(a)oro-medonte.ca>; Hough Ralph <ralph.hougha_oro-medonte.ca>; Harry Hughes <harry.hughesa-oro-medonte.ca>; Dunn Robin <rdunn(a)-oro- medonte.ca>; Hugh Murray <hmurrava-oro-medonte.ca> Sent: Sunday, January 16, 2022, 06:50:34 p.m. EST Subject: IMPROPER NON COMPLIANT YELLOW PUBLIC NOTICE SIGNAGE 2239 LRE Variance Application Item 6a, DSC 1800hrs 20220105 2021-A-76 Good Day Mayor, Council and OM DSC Staff, Per the attached pictures of the above location taken on Thu Jan 13 2022 and reconfirmed today Sun Jan 16 2022, please be informed the above referenced yellow public notice signage is non-compliant with the statutory requirements. The signs ARE NOT visible from Lakeshore Road East and ARE NOT VISIBLE when travelling EAST or WEST on Lakeshore Rd. East. It is IMPOSSIBLE to see these notices and SIGHT LINES are particularly NON EXISTENT when travelling from West to East on LRE (see pictures looking East attached). Normal sight lines do not seem to apply at this dwelling, which is improper. Poor noncompliant yellow notice signage would explain why no one knew in a timely fashion about the variance application until it was almost too late. The public is to be notified of these applications and in this matter, it is quite obvious the owners are trying to downplay the negative impact of their application by trying to minimize to the community any visibility or knowledge of the proposal. The signage does not effectively provide residents with the statutory notice(s) as required. In addition, this application DOES NOT provide adequate, practical or useable access around the neighbouring dwellings as the proposal seeks a virtually zero unusable setback. This is dangerous as first responders especially smokies in full bunker gear, pulling a hose wearing Scott-paks cannot pass each other, there is no room to do so. A one way single file approach would be required reducing the ability to produce a timely emergency response to those individuals or property in need of assistance. The approval IS NOT CONSISTENT with the neighbourhood in any way as out of —80 homes on this section of LRE, ONLY ONE has a virtually zero lot line setback at 2277 LRE, although the variance has never been provided. Personally I don't believe a setback variance was ever approved some 10 years or so ago as no one seems to be able to produce the said variance. Obviously, this site at 2277 is an anomaly of 1 of N 80 dwellings and can be discarded as a valid 'atypical' example of 1 of 80 sites. Setbacks from property lines for access and separation are otherwise 'normal' all along this stretch of 80 homes on LRE. The applicant's proposal for an essentially zero setback, which is ineffective and cannot be used safely, provides only a very small corridor space Page 59 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... that CANNOT BE used for effective access to the detriment of immediate neighbours. This is an example of POOR & BAD PLANNING. The size and scale of the Applicant's plan with a MAJOR VARIANCE simply goes too far to be in keeping with the general intent and purpose of the Official Plan to ensure the single detached character of the area. This application suggests an approach of take from the neighbourhood and give to the applicant which is fundamentally wrong and not a zero sum approach, winners and losers is not a fair outcome. THIS IS not A SUBDIVISION although the next step after an approval could be common walls, STRs, NO LOT LINES, NO setbacks whatsoever and again would be inconsistent with the nature of the neighbourhood as the OLT would agree. The OLT has just recently denied variance applications in OM for a duplex suite and an industrial site as NOT MINOR and NOT consistent with the neighbourhood and proper land use. Approval of the application as is with out modification of the footprint plans to improve the access and separation would be a nasty precedent starting severe intensification with MAJOR variances all along LRE. The proposal IS NOT MINOR, IT IS A MAJOR VARIANCE and should be denied on that basis alone let alone the safety issues as described above. An approval will add to the intensity of use on the site and will not maintain the intent of the OP policy. Approval would also force trespassing on private property to gain access which is NOT GOOD PLANNING. The OLT DOES NOT RULE favourably for such variances that are NOT MINOR, especially when the negative impact is so prevalent and obvious in it's conflict with the neighbourhood. If this variance was approved, it should only be authorized ONLY with some sort of restrictive covenant registered on title of the property, such that the applicant acknowledges and agrees the property is a single family dwelling and is NOT a Short- term Rental (STR) as defined by local land use policy. The proposed size of the project and variance is simply too large in comparison to the other dwellings in the area to be considered minor. In conclusion: 1. Implement Corrective Action to yellow public notice signage to bring in to compliance. 2. Restart the Application clock effective the date and time the Corrective Action was completed. Procedurally, as I am unsure to the method(s), the deferral of this application for four weeks approved by Council on 20220105 also requires a further time extension due to the Signage non-compliance, notwithstanding other conditions requiring clarification, of minor v. Major, septic, parking, greenery, boathouse, etc. 3. Revisit the report, 2021-A-76, and amend to account for the above and change recommendation from approve to deny which aligns and is consistent with recent local OLT rulings surrounding minor variances. A variance approval opens a full Pandora's box of conditions requiring much more diligence and understanding by Council, Staff and the Public. This matter is not just a variance application as proven by the many conditions. Page 60 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... Thank you in advance for your earliest attention and cooperation concerning the above matter. Sincerely, Paul Sanderson, 2251 Lakeshore Rd East, Hawkestone, Oro-Medonte, ON LOL 1T0 Page 61 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... 41 n 0 N O Ha W a il. If O O y o � E m c� a z E a 6 9 4 aI V T Z 4 a 0 Page 62 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... d d HI O N O N N r rn c 0 0 O z rn N l7 Q Z O l7 a d -O a Q 4 ff v T Z Q K N 0 N O O L ¢, d Page 63 of 274 l r � I Y r s 0 a v 0 Page -.- 64 of 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... M O N O N N f N OI O O 6 ac M N N Q Z N a n a V Z a z N O N O a � Page 65 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... From: Paul Sanderson <psanderson@rogers.com> Sent:January 31, 2022 11:21 AM To: Leigh, Andria <aleigh@oro-medonte.ca>; Witlib, Derek<dwitlib@oro-medonte.ca>; Waters, Danielle <dwaters@oro- medonte.ca>; . Council <Council@oro-medonte.ca> Cc:Teeter,Janette <jteeter@oro-medonte.ca>; Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca>; Aubichon, Yvonne <yaubichon@oro-medonte.ca>; Dedora,Abbey<adedora@oro-medonte.ca>;Veitch, Ian <ian.veitch@oro-medonte.ca>; DeSousa, Tammy<tammy.desousa@oro-medonte.ca>; Keane, Cathy<cathy.keane@oro-medonte.ca>; Scott, Shawn <shawn.scott@oro-medonte.ca>; Greenlaw, Randy<randy.greenlaw@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Hughes, Harry<harry.hughes@oro-medonte.ca>; Dunn, Robin <rdunn@oro- medonte.ca>; Murray, Hugh <hmurray@oro-medonte.ca> Subject: [External] ONGOING CONTINUOUS Re: IMPROPER NON COMPLIANT YELLOW PUBLIC NOTICE SIGNAGE 2239 LRE Variance Application Item 6a, DSC 1800hrs 20220105 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. Good Day, Per the attached pictures of the above location taken on Sunday Jan 30, 2022 and reconfirmed today Mon Jan 31, 2022, please be informed the above referenced yellow public Hearing notice signage is non-compliant with the statutory requirements. The signs ARE NOT readily visible from Lakeshore Road East and ARE NOT READILY VISIBLE when travelling EAST or WEST on Lakeshore Rd. East. It is IMPOSSIBLE to see these notices and SIGHT LINES are particularly NON EXISTENT when travelling from West to East on LRE (see pictures looking East attached). Normal sight lines do not seem to apply at this dwelling, which is improper. Apparently new signage was made available to the applicant; however, the placement is still noncompliant as illustrated by the pictures. The pictures have file names and dates to show the situation over time from the initial reporting on January 16, 2022. Nothing has changed and the visibility to the public of the Hearing signage notice is most negligible. Statutory requirements are put in place to help the people. The changes to the yellow signage do not help the public and in fact have turned this issue into a game of "Where's Waldo?". Additional deferral of this application must be brought forth to insure the correct amount of proper timing notice is delivered to the public. Thank you in advance for bringing forward a more robust form of corrective action. Public Hearing notices are required by statute to help the people this help to the public must be CLEAR and UNOBSTRUCTED with GOOD SIGHTLINES. Sincerely, Paul Sanderson 2251 Lakeshore Rd East, HAWKESTONE, Oro-Medonte LOL 1TO Page 66 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re- Minor Variance A... Photos-2022 VARIANCE APP SIG NAGE 2239 ERE MASALOVA looking EAST 3 20220130jpg ® +Add to I I r Page 67 of 274 . 1 p.m. DS2022-017, Danielle Waters, - -- Minor Variance . 04 Page 68 of 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... z a 0 I , J Page 69 of 274 c a J JJ • • M � Z a Page of 274 r s1ti r e� Page 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... February 2, 2022 Development Services Committee From: Susan Cowie 6a) Additional correspondence received Sent: February 1, 2022 10:22 AM To: Fax Repository<faxrepos@oro-medonte.ca> Subject: [External] Re: Application for Minor Variance, 2239 Lakeshore Road East -opposition from Susan Cowie Re: concerns of Susan Cowie over this application I am concerned that the planning department and Planner appear to be supporting the applicant in a rather large variation on the use of the land, particularly the size of the project and the removal of protection for adjacent landowners (not a minor variance but a Major change of the existing Lands) - consider that the proposal is to be a 40 ft. x 27 ft Garage, with second storey living area on a 60 foot lot. I am concerned that if the 4.6 side yard is granted, it will allow the destruction of a hedge which has created privacy for many years. I fear that it will be necessary by the applicant to reduce the hedge at least 4 ft. or more, to allow construction of the new garage and dwelling, with no sufficient side yard to allow for emergency access. The hedge was planted by my father 73 years ago and has been maintained by him, my family, my husband and now me. I do not want to see it killed by Any Portion being removed. I have concerns that the approval of the addition, will help establish a short term rental operation, which without any supervision, as the owners would not be present, could create an atmosphere of noise, unruly activities, unknown persons using and maybe abusing the privilege of being in a quiet, rural cottage life style area, that should be the pride of the Township, not an opportunity to spoil what has existed for years. I seek your help in preventing this application to be approved. Respectfully Submitted, Susan Cowie. Page 72 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... February 2, 2022 Development Services Committee 6a) Additional correspondence received From: Susan Cowie Sent: February 1, 2022 10:34 AM To: Planning<Planning@oro-medonte.ca>; Greenlaw, Randy<randy.greenlaw@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Hughes, Harry<harry.hughes@oro-medonte.ca> Subject: [External] Re: Minor Variance Application -Julia Masalova, 2239 Lakeshore Road East, Oro- Medonte Front Yard Required Proposed: 7.5 metres (24.6 feet) 4.23 metres (13.87 feet) Interior yard Required: Proposed: 3.0 metres (9.8 feet) 1.27 metres (4.16 feet) Does the variance maintain the general intent and purpose of the Zoning By-law? 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. They won't be able to have access because my hedge is there. If my hedge is killed I will be looking at a wall. No, the variance doesn't maintain the general intent and purpose of the Zoning By-Law. Is the variance desirable for the appropriate development of the lot? How much of my hedge will be left on the neighbours side? I think they will be putting the footings 4.16 ft from the property line. They won't have much room to have access around a structure for maintenance. They can't cut 4 ft. off, it will kill the hedge on both sides and then I will be left looking at the back wall of the garage. The mature vegetation on the interior lot line will not be there to provide a buffer to the proposed structure. No, the variance is not desirable for the appropriate development of the lot. Is the variance minor? Why just a recommendation for maintaining the existing front yard vegetation to ensure that this buffer stays in place. No mention of the side yard on Page 5. No, the variance isn't minor. A 57% reduction on the interior yard is major. Does the variance maintain the general intent and purpose of the Official Plan? No, it doesn't, not consistent with the neighbourhood and doesn't meet the tests of the official plan. Page 73 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... I seek your help in preventing this application to be approved. Susan Cowie Page 74 of 274 6.a) 5-30 p.m. DS2022-017, Danielle Waters, Planner re- Minor Variance A 4 Cu > 0 Cu U) Cu Q � o O Cu C) r1yo _0 U) Q— M 0 —Fu ry 4-0 (D C) 0 _0 4-0 Cu 7FU Cu Cu L- -j (1) 0 U) > C IZ— (1) CY) L— (1) CY)0 N L- 0 N tq C U) 0al U) 0LUM -j Page 75 of 274 6.a) 5.30 p.m. DS2022-017, Danielle Waters, Planner re: Minor Variance A... 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(D o Q o O � CL E CL in W � O D o c� aD � � Q aio > . . .T) E (D ^ QEO � o U O C) -) M -0 a' U O p � E0 �' 0 _0 > o 0 � o 00- Q 0) (1) o 0 -0 70 Cu — C -0 — N U co > O = 0 .- � a0i t }, L iY1 L Q i 4- 0 O U Q 0E 0 M M Q O _0 a Q Iq Page 86 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-002 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # February 2, 2022 Minor Variance Application 2021-A-83 Roll #: Cherene Mulder & Candace R.M.S. File #: 4346-010-001-11200 Platt D13 60235 3127 Penetanguishene Road Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-002 be received and adopted. 2. That Minor Variance Application 2021-A-83 by Cherene Mulder & Candace Platt specifically for permission to build an addition to the existing single detached dwelling with a reduced setback of 2.7 metres (9.0 feet) from the interior side lot line and a reduced setback of 13.0 metres (42.7 feet) from the top of bank of the watercourse on lands municipally known as 3127 Penetanguishene Road, Township of Oro-Medonte, be deferred pending comments from the Nottawasaga Valley Conservation Authority. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.14 hectares (0.34 acres), and contains a 202.7 square metres (2,182 square feet) single detached dwelling with a 53.8 square metres (579 square feet) attached garage according to MPAC records. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build an addition to their existing single detached dwelling. The applicants are seeking relief to the following sections of Zoning By-law 97- 95: Table B1 — Minimum required interior side yard (RUR2 Zone) Required. Proposed: 4.5 metres (14.8 feet) 2.7 metres (9.0 feet) Development Services February 2, 2022 Report No. DS2022-002 Page 1 of 11 Page 87 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... Table B1 — Minimum required front yard (RUR2 Zone) Required: Recognize the existing non-complying 8.0 metres (26.2 feet) single detached dwelling located 4.3 metres (14.0 feet) from the front lot line* *Planning Staff had added this variance as a courtesy to the applicant to legalize the existing non-complying front yard setback for the existing single detached dwelling. Based on the site visit and upon further review of a survey, Planning Staff are concerned that the front yard setback may be smaller than identified on the applicant's site plan. Without further information and confirmation of the existing setback, Planning Staff are not in a position to further comment or provide a recommendation on this variance. Through further discussions with the agent, they have asked to remove this variance as obtaining a survey will delay the process and this variance is not required for the proposed addition. The applicants may choose to legalize this non-complying front yard setback at a later date. Section 5.32 — Setback from the top of bank of the watercourse Required. Proposed: 30.0 metres 98.4 feet 13.0 metres 42.7 feet The applicants' site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 2.1 — Natural Heritage and Section 2.2 - Water are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The Natural Heritage and Water policies seek to protect natural features for the long term. According to the Township's Official Plan — Natural Features map and Zoning By-law Schedule A14, there is a watercourse on the property to the south of the subject lands, 3145 Penetanguishene Road. Through discussions with the agent, he indicated that he had never noticed a watercourse on the adjacent lands; however, Planning Staff were unable to confirm this due to the deep snow. The subject lands are regulated by the Nottawasaga Valley Conservation Authority (NVCA) and as such, Planning Staff rely on the technical expertise from the NVCA Staff on matters related to natural heritage and natural hazards. As comments have yet to be received from the NVCA, Planning Staff are not in a position to confirm the presence of the watercourse, state whether the proposed addition will have an impact on the key hydrological feature, or whether there is a hazard potential hazard risk. Development Services February 2, 2022 Report No. DS2022-002 Page 2 of 11 Page 88 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed expansion to the existing residential use is consistent with these policies. Section 4.2.4 — Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies to this application as the proposed development is located adjacent to a watercourse according to Township Official Plan and Zoning By-law mapping. Specifically, Section 4.2.4.1 states: "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature." (p. 43-44). These policies state that a natural heritage evaluation or hydrological evaluation will be required to assess the impact of the proposed addition on the adjacent watercourse. However, since Planning Staff have been unable to confirm the presence of the watercourse, it is recommended that the application be deferred until comments are received from the Nottawasaga Valley Conservation Authority (NVCA). The entire property is regulated by the NVCA; therefore, the application was circulated to the NVCA and a permit will be required prior to issuance of a Building Permit. The NVCA sent an email on January 19t", 2022, requesting additional time to provide comments as they have to do an additional review to ensure that the proposal meets their minor addition policies as the proposed addition is located in a floodplain. At the time of writing of this report, comments have yet to be received by Township staff. Committee members should have regard to any NVCA comments that the Township may receive with respect to the applicants' proposal. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed single detached dwelling addition is consistent with the County's Official Plan as it is an addition to the existing permitted residential use. Development Services February 2, 2022 Report No. DS2022-002 Page 3 of 11 Page 89 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Rural in the Township's Official Plan. The intent of the Rural Designation is: • To preserve and promote the rural character of the Township and the maintenance of the open countryside; and, • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. Permitted uses in the Rural designation include single detached dwellings. Section B5.1.2 — Rivers and Streams seeks to recognize and protect all significant rivers and streams in the Township from development that may have a negative impact on their function. Planning Staff are unable to confirm at this time whether the variances conform to the Township's Official Plan as we are awaiting comments from the NVCA regarding the watercourse. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Rural Residential Two (RUR2) in the Township's Zoning By-law 97-95. The applicants are proposing to demolish the existing one storey attached garage and replace it with a larger two storey addition, which includes an attached garage. The applicants have requested relief from the Zoning By-law to permit the construction of the addition with a reduced minimum required interior side yard setback, from 4.5 metres (14.8 feet) to 2.7 metres (9.0 feet), and a reduced minimum required setback from the top of bank of the watercourse from 30.0 metres (98.4 feet) to 13.0 metres (42.7 feet). The Zoning By-law's requirement for a minimum interior side yard setback of 4.5 metres (14.8 feet) in the Rural Residential Two (RUR2) Zone is intended to provide spatial separation between rural residential properties, as well as provide space for access and maintenance around buildings and structures. The applicants are proposing an interior side yard of 2.7 metres (9.0 feet) which, in Planning Staff's opinion, is adequate space Development Services February 2, 2022 Report No. DS2022-002 Page 4 of 11 Page 90 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... for maintenance and access around the dwelling as it maintains spatial separation between the subject lands and the neighbouring property. Section 5.32 prohibits buildings and structures within 30 metres (98.4 feet) of the top of bank of a watercourse. The applicants are seeking relief from the Zoning By-law to permit construction of an addition to the existing single detached dwelling with a reduced setback of 13.0 metres (42.7 feet) from the top of bank of the watercourse. Township mapping indicates that there is a watercourse on the property to the south of the subject lands, 3145 Penetanguishene Road. In discussions with the agent, he indicated that he had never noticed a watercourse on this property; however, Planning Staff were unable to confirm this due to the deep snow. As comments have yet to be received from the NVCA, Planning Staff are not in a position at this time to state whether the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Based on discussions with the agent, the adjacent property to the south is used as farmland and a cow pasture. It is not anticipated that the reduced interior side yard setback will have an impact on the adjacent property as there remains sufficient room for maintenance and access around the dwelling. Prior to issuance of a Building Permit, the owners will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval. The ELG plan will ensure that water drainage resulting from the proposed accessory building will be mitigated on the subject lands and will not impact the neighbouring lots. As for the reduced setback from the watercourse, Planning Staff examined the aerial imagery over the years and found that there were no signs of a watercourse in the location identified on our mapping system. However, there may still be an intermittent stream or seepage area located in this area. In order to confirm the presence of the watercourse, Planning Staff are relying on the technical input from NVCA Staff. Until we confirm the presence of the watercourse, Planning staff are not in a position at this time to comment on the desirable development of the lot. Are the variances minor? As mentioned above, Planning Staff are awaiting comments from the Nottawasaga Valley Conservation Authority with regards to the reduced setback to the adjacent watercourse. Planning Staff rely on technical input from NVCA Staff, therefore, we are not currently in a position to address whether the application is minor in nature. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Development Services February 2, 2022 Report No. DS2022-002 Page 5 of 11 Page 91 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The 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: 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 Infrastructure and Capital Projects — No comments. • Township Development Engineering — No objection. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. • Township Building Division — Building requires NVCA approval and a septic verification may be required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-83 be deferred pending receipt of comments from the Nottawasaga Valley Conservation Authority as outline in this report. Development Services February 2, 2022 Report No. DS2022-002 Page 6 of 11 Page 92 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services January 27, 2022 Andria Leigh, Deputy CAO/Director Development Services January 27, 2022 Development Services February 2, 2022 Report No. DS2022-002 Page 7 of 11 Page 93 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... Schedule 1: Location Map T- �,-w. � - 7 3362 3191 2019 .nee�sim„ead� 3185 3350 raeelioea l�eY'Rd. r 3175 ZRldge 3342 3145 3324 'a tY 3135 tU J= A '� 3327 c Wm 3300 r_ d 93 3919 3119 3089 3276 3015 Schedule 1 Location liiumsf�i•o ®Subject Lands Proud Heritage,Exciting Future 0 100 nn File Number:2021-A-83 '�' I 1 Development Services February 2, 2022 Report No. DS2022-002 Page 8 of 11 Page 94 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... Schedule 2: Aerial Photo -Maoneltoee Ad. piseehi eNalle Rd- C C Rd.E u ' C- L' I C d e, Schedule 2 Aerial Photo Township of Subject Lands Proud Heritage,Exciting Future 0 2a m File Number:2021-A-33 N I 1 Development Services February 2, 2022 Report No. DS2022-002 Page 9 of 11 Page 95 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... Schedule 3: Applicants' Site Plan i �y. FA �\ r � \ r. 9Ole .. } 1 Schedule 3 Applicant's Site Plan p (`lfJ File Number 2021-A-83 Prntad Heritage,Excr:aiaQ FNraere Development Services February 2, 2022 Report No. DS2022-002 Page 10 of 11 Page 96 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... Schedule 4: Elevation Drawings -------------------------- Mtn - o r Schedule 4 ' Applicant's Elevation Drawings �--y 0File Number 2021-A-83 Proud Heritage,Excaaiai4 Future Development Services February 2, 2022 Report No. DS2022-002 Page 11 of 11 Page 97 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... From: Saunders, David Sent:January 17, 2022 3:15 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2021-A-83) Platt & Mulder 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 98 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... From: Metras, Justin Sent:January 18, 2022 8:49 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2021-A-83) Platt & Mulder Abbey Operations has no comments on this application. Justin Page 99 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... From: Craig,Jason Sent:January 20, 2022 3:35 PM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2021-A-83) Platt & Mulder Good afternoon, Building requires NVCA approval and a septic verification may be required. Kind regards, Page 100 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... �4 L G � d 0 0 N N pa auaysin6ue;auad M 00 Q J N9 O Ln N O C6 �. .0 ry Q NO Q � � .0 _ 0 C6 a� ' C6 ti > N (6 . . . . M O a G _0 .� •— G� cu ■� L N Page 101 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... w a 0) t N 0) •� o 06 ca o a a co a) a) 00 ca 0) a) r` _ cn Q a) O L N a 0 O-) O _0 a 1-1 to N cn a) . . � N � a) M a) a) 0 E 4- U_ � � M 0 ._ L o QL a)Q QL � L- o Q ~ c a) N 4-0 U ca v 00 cr L� •� a) 0 a) cu (a 70 -c: L- � v IN CO� rn O (� p 2 N U) . . }, � a) a) M G O W O L a) L E Q — E O M a) Ocr) •to U) CO Page 102 of 274 6.b) 5.40 p.m. DS2022-002, Catherine McCarroll, Intermediate Planner, re... �4 AAA 5� G 06 I..L M c0 Q N O N O }, C6 U Q- CL N U p�auay-inBue}auad cu .L— cu . . 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(6 a) � cn a) G Q O O (D a) � (D O O L E IS >+� O O L (6 c) L U }i 0 M (D o) c cu L O n Cn (D � 0- cn E M � `` 0 ( M N z Ncn W U 0 Q O a) (U (6 Q- U 1 O 0 \� �S cn a) c U V L -0 � O cn O � 5 o0 0 N 4 � L ^ o (D � O O � (D4-00 - r` Q E cu 0N � Q c� U �� � o 0 U � > CL > Q � E � � D C (D a) O 0 = L N O U M Q O W O - O (D O cn U o 0cn CD c: -0 =3 cn (6 N 0- 0 0 c p (6 � O N a c: a) v � ( — — Z N > (a L070M O 0 � O c: 0) C� (D (a �c Z Q 'in cn CV M Page 110 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-003 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # February 2, 2022 Minor Variance Application 2021-A-84 Roll #: Sue-Ellen Morrison R.M.S. File #: 4346-010-007-05923 4 Martine Crescent D13 60236 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-003 be received and adopted. 2. That Minor Variance Application 2021-A-84 by Sue-Ellen Morrison specifically for permission to build a detached accessory building with an increased floor area of 212.4 square metres (2,286.0 square feet) and an increased height of 4.98 metres (16.3 feet) on lands municipally known as 4 Martine Crescent, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-003. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4 and Section 5.1 .6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That the applicant maintains and preserves the existing vegetative buffer on the interior property lines, or replaces with a similar vegetative buffer if destroyed; e) That an Ontario Land Surveyor verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is located no closer than 2.0 metres from the interior side lot line and no closer than 2.0 metres from the rear lot line; and, f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's Development Services February 2, 2022 Report No. DS2022-003 Page 1 of 11 Page 111 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... 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 0.47 hectares (1.16 acres) and contains a 338.4 square metre (3,642.6 square feet) single detached dwelling, a 10.7 square metre (115.0 square feet) shed and a 2.97 square metre (32.0 square feet) wood storage shelter. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicant is proposing to build a detached accessory building. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 5.1 .4 — Maximum Height Required. Proposed: 4.5 metres (14.7 feet) T4.98 metres (16.3 feet) Section 5.1.6 — Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) 1 st floor: 156.1 square metres (1 ,680.0 square feet) 2nd floor: 56.3 square metres (606.0 square feet) Total: 212.4 s uare metres 2,286.0 square feet The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1 .1 .4 — Rural Areas is applicable to this application, as the subject lands are located within an existing rural residential plan of subdivision within a rural settlement area (Shanty Bay). Specifically, Section 1 .1.4.2 states that rural settlement areas shall be the focus of growth and development. Planning Staff is of the opinion that the proposed accessory building is consistent with Rural Areas policies of the PPS. Development Services February 2, 2022 Report No. DS2022-003 Page 2 of 11 Page 112 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application, as the subject lands are located within an existing rural residential plan of subdivision within a rural settlement area (Shanty Bay). This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building is consistent with the Rural Areas policies in the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory building is not anticipated to have any adverse impacts on any key natural heritage features. County Official Plan The property is designated Settlements in Simcoe County's Official Plan. The Settlements designation is the focus of population growth and seeks to develop a compact urban form that promotes the efficient use of land. The subject lands are located within a rural settlement area (Shanty Bay) and in Planning Staff's opinion, the proposed detached accessory building is consistent with the County's Official Plan as it is accessory to the existing permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services February 2, 2022 Report No. DS2022-003 Page 3 of 11 Page 113 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Rural Settlement Area in the Township's Official Plan. The intent of the Rural Settlement Area Designation is: • To maintain and create attractive communities with suitable amenities. • To ensure that settlement areas are developed in a logical and cost-effective manner. Permitted uses in the Rural Settlement Area designation include low density residential uses and by extension accessory uses, such as detached garages. The proposed variances conform to the general intent and purpose of the Official Plan as the applicant is proposing to build a detached accessory building, which is accessory to a permitted residential use in the Rural Settlement Area Designation. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Rural Residential One Exception 82 (RUR1*82) in the Township's Zoning By-law 97-95. Exception 82 is not applicable to the proposed detached accessory building. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1. The applicant has requested relief from the Zoning By-law to permit the construction of a two storey detached accessory building with an increased maximum floor area and an increased maximum height to provide additional indoor parking spaces and additional storage space for household items. 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 rural settlement character of the area. The applicant is proposing to build a two storey detached accessory building with a 156.1 square metres (1,680.0 square feet) main level garage, 31 .0 square metres (334.0 square feet) covered porch and a 56.3 square metres (606.0 square feet) second storey storage loft (only the areas with a ceiling height over 1 .8 metres get included in the total floor area), for a total building floor area of 212.4 square metres (2,286.0 square feet). Despite the proposed increase in the floor area, the maximum lot coverage of all detached accessory buildings and structures on the lot, including the proposed building, have a combined lot coverage of 4.3%, which is within the maximum permitted lot coverage of 5%. The height of a detached accessory building is measured from average grade to mid-roof. The applicant has requested an increase in height from 4.5 metres (14.8 feet) to 4.98 metres (16.3 feet). In Planning Staff's opinion, the proposed increase in height of 0.48 metres (1 .6 feet) is minimal. The proposed detached accessory building would have a floor area of 212.4 square metres (2,286.0 square feet), which is smaller than the existing single detached dwelling which has a gross floor area of 338.4 square metres (3,642.6 square feet) according to the information provided on the Minor Variance application form. In Planning Staff's opinion, the proposed location of the accessory building behind the dwelling, combined with the accessory building's smaller size and Development Services February 2, 2022 Report No. DS2022-003 Page 4 of 11 Page 114 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... the proposed use of the building for storage, will help ensure that the accessory building will remain secondary and subordinate to the primary residential use. Based on the above, Planning Staff is satisfied that the proposed detached accessory building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the proposed detached accessory building will have a minimal impact on the surrounding neighbours due to its proposed location and vegetation along the interior side lot lines. The accessory building will be located behind the dwelling, approximately 47.56 metres (156.0 feet) from the front lot line. From the road, the accessory building will appear like a typical two car garage with a dormer. The south interior lot line contains a fence up to the dwelling and the back of the lot contains large shrubs which will help screen the accessory building from the neighbouring property to the south. Due to the proposed location of the garage and the vegetation along the north east lot line, the garage will not be visible to the neighbours at 6 Martine Crescent. There are only a few trees along the rear lot line; however, the property backs onto farmland that is outside of the settlement area, therefore, the garage is not anticipated to have any impact on the neighbours or on any foreseeable future use of the lands to the west. Due to the fact that the proposed accessory building is located behind the dwelling and is screened from view from the neighbouring properties, Planning Staff believe that it is 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 the applicant maintains and preserves the existing vegetative buffer along the interior property lines, or replace with a similar vegetative buffer if destroyed during construction to ensure that the building remains screened from view from the neighbouring properties. Prior to issuance of a Building Permit, the owner will be required to prepare an Engineered Lot Grading (ELG) Plan, that is subject to municipal approval. The ELG plan will ensure that water drainage resulting from the proposed building will be mitigated on the subject lands and will not impact the neighbouring lots. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed detached accessory building is secondary and subordinate to the primary Development Services February 2, 2022 Report No. DS2022-003 Page 5 of 11 Page 115 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... residential use on the lot and it is not anticipated to have any adverse impacts on the neighbouring properties. 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 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. • Township Infrastructure and Capital Projects — No objection. • Township Building Division — No comment. Development Services February 2, 2022 Report No. DS2022-003 Page 6 of 11 Page 116 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-84 be approved, specifically to permit construction of a detached accessory building with an increased floor area of 212.4 square metres (2,286.0 square feet) and an increased height of 4.98 metres (16.3 feet) on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services January 26, 2022 Andria Leigh, Deputy CAO/Director Development Services January 26, 2022 Development Services February 2, 2022 Report No. DS2022-003 Page 7 of 11 Page 117 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... Schedule 1: Location Map TJ .'u7 1 t 5 7 9 11 ....�a � d. 2925 23 21 19 42 e�eahoe• eY'a- Basswood Cir. I� .r_ 44 34 32 30 28 26 24 µ 1. �ai� e aeaa 46 49 51 53 55 57 Red Oak Cres. V 52 54 56 58 60 48 �p L 5 7 4 1033 6 8 9 6 4 6 8 10 12 14 16 18 20 22 24 26 26 Martine Gres. 2 siucoe 5 13 32 2287 2U R1-dge Rd._yy 15 17 19 21 23 25 2315 2227 2 2297 9 7 2267 U 2235 Q 6 1 3 5 6 1131 2327 o 271 y s� 267 239 231 1 2251 2249 227 221 1131 209 Schedule 1 Location �•l�f ���;% ctf�!v�2tc� ®Subject Lands Proud Heritage,Excileng Future 0 200 M File Number:2021-A-84 Q I Development Services February 2, 2022 Report No. DS2022-003 Page 8 of 11 Page 118 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... Schedule 2: Aerial Photo 1I' -Naoa6lto—Ad. YoeNale Rd. VV- - C r 1 a te5' r e g Schedule 2 Aerial Photo Township of ®Subject Lands Proud Heritage,Exciting Future o �m File Number:2021-A-84 N Ili 11 Development Services February 2, 2022 Report No. DS2022-003 Page 9 of 11 Page 119 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Applicant's Site Plan k •"" z SREPLAN - kiT " Schedule 3 Applicant's Site Plan File Number 2021-A-84 Proud Heritage,Excitia,Q Future Development Services February 2, 2022 Report No. DS2022-003 Page 10 of 11 Page 120 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re-... Schedule 4: Elevation Drawings 11 r; WET ELEv0.TPON SOUTH ELfVATIOR 30"T-OR 1 g��jpyq T ]O EXTERIOR 2 FROM DECK RDA 113ENEw Schedule 4 Applicant's Elevation Drawings : Toumship of File Number 2021-A-84 Proud Heritage,Excitia,Q Future Development Services February 2, 2022 Report No. DS2022-003 Page 11 of 11 Page 121 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... From: Saunders, David Sent:January 17, 2022 3:16 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2021-A-84) Morrison 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 122 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... From: Metras, Justin Sent:January 18, 2022 8:51 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2021-A-84) Morrison Abbey Operations has no objections to this application. Justin Page 123 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... From: Craig,Jason Sent:January 20, 2022 3:29 PM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2021-A-84) Morrison Good afternoon Building has no comment. Kind regards, Page 124 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:... February 2, 2022 Development Services Committee 6c) Additional correspondence received Dear Oro Medonte Planning Department, We would like to express our support of Dave and Sue-Ellen Morrison's variance application 2021-A-84 at 4 Martine Crescent, Shanty Bay. Regards, At Page 125 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:,. Dear Oro Medonte Planning Department, We would like to express our support of Dave and Sue-Ellen Morrison's variance application 2021-A-84 at 4 Martine Crescent, Shanty Bay. Regards, Co cc) -7 C) ,� r oS x Page 126 of 274 6.c) 5:50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:. Dear Oro Medonte Planning Department, We would like to express our support of Dave and Sue-Ellen Morrison's variance application 2021-A-84 at 4 Martine Crescent, Shanty Bay. Regards, OPEIZA- At 6F6 Page 127 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:., Dear Oro Medonte Planning Department, We would like to express our support of Dave and Sue-Ellen Morrison's variance application 2021-A-84 at 4 Martine Crescent, Shanty Bay. Regards, J ��q At Page 128 of 274 6.c) 5.50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:. Dear Oro Medonte Planning Department, We would like to express our support of Dave and Sue-Ellen Morrison's variance application 2021-A-84 at 4 Martine Crescent, Shanty Bay. Regards, , At Page 129 of 274 6.c) 5:50 p.m. DS2022-003, Catherine McCarroll, Intermediate Planner re:. Dear Oro Medonte Planning Department, We would like to express our support of Dave and Sue-Ellen Morrison's variance application 2021-A-84 at 4 Martine Crescent, Shanty Bay. 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File #: 4346-010-002-28900 D13-60266 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-009 be received and adopted. 2. That Minor Variance Application 2021-A-85 by Ashlynne Dale, specifically for permission to permit a detached accessory building (garage and private aircraft hangar) with a maximum height of 8.84 metres (29 feet) and a maximum floor area of 589 square metres (6340 square feet), on the lands municipally known as 2387 Line 4 North, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2022-009. 3. The conditions are as follows: a. That notwithstanding Section 5.1 .4 — Maximum Height and Section 5.1 .6 — Maximum Floor Area of Zoning By-law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d. That the applicant maintain the existing vegetative buffer along the front lot line of the subject lands; e. That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services February 2, 2022 Report No. DS2022-009 Page 1 of 14 Page 142 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... Background: The subject property is located on the east side of Line 4 North and south of Bass Lake Side Road West and possess a lot area of 4.2 hectares (10.4 acres). The lands support a single detached dwelling and accessory buildings. The applicant also owns the abutting farm parcel to the north and east, which has a lot area of 37.7 hectares (93.1 acres). Surrounding land uses consist of agricultural uses and scattered rural-residential uses. A Location Map is included as Schedule 1 to this report and an Aerial Photo is included as Schedule 2. The applicant is proposing to build a detached accessory building (garage and private aircraft (helicopter) hangar). The applicant is seeking relief from the following sections of Zoning By-law 97-95: Section 5.1.4 — Maximum Height Required. Proposed: 4.5 metres (14.7 feet) 18.84 metres (29 feet) Section 5.1.6 — Maximum Floor Area Required. Proposed: 100 square metres (1076.4 square feet) T589 square metres (6340 square feet) The applicant's site plan and elevation drawings are included as Schedules 3 and 4. 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 and 2.3 —Agriculture are applicable to this application, as the subject lands are located within a prime agricultural area. Section 2.3.1 states that prime agricultural areas shall be protected for long-term use for agriculture. However, residential uses associated with agricultural uses or residential uses on existing lots permitted and, by extension, accessory buildings to residential uses are also considered to be permitted. Planning Staff is of the opinion that this application is consistent with the Rural Areas and Agriculture policies of the PPS. Development Services February 2, 2022 Report No. DS2022-009 Page 2 of 14 Page 143 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... A Place to Grow, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas and Section 4.2.6 Agricultural System are applicable to this application. These sections have been reviewed and Planning Staff is of the opinion that the proposed variance to facilitate the construction of a detached accessory building conforms to the Growth Plan's policies, as the lands subject to this application are already developed with a single detached dwelling, no additional agricultural lands would be taken out of production and surrounding agricultural uses would not be negatively impacted by the application. County of Simcoe Official Plan The subject lands are designated Agricultural Lands by the Simcoe County Official Plan. Residential uses on existing lots and by extension, accessory buildings are permitted in this designation. In Planning Staff's opinion, the proposed detached accessory building (garage and aircraft hangar) conforms to the County's Official Plan, as the lands are already developed with a single detached dwelling, no additional agricultural lands would be taken out of production and surrounding agricultural uses would not be negatively impacted. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial policy statements and shall conform with or shall not conflict with the Provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent of the Official Plan? The subject property is designated Agricultural by the Township's Official Plan and is also located within the Oro Moraine as delineated on Schedule C to the Official Plan. Permitted uses in the Agricultural designation include single detached dwellings and, by extension, accessory buildings to such dwellings. Section A2.5 — Rural Character must also be considered in the review of this application. Section A2.5 states: Development Services February 2, 2022 Report No. DS2022-009 Page 3 of 14 Page 144 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... A2.5 RURAL CHARACTER A2.5.1 Goal It is the goal of this Plan to protect, maintain and enhance the natural, agricultural and open space character of the rural area. A2.5.2 Strategic Objectives a) To preserve and enhance the Oro Moraine as a unique and important Iandform feature of the Township. b) To minimize the negative impact of proposed development on the open and natural character of the existing rural area. c) To require that aggregate extraction operations are designed to minimize visual impact. d) To ensure that there is a clear spatial delineation between the Barrie and Orillia urban areas and the rural and agricultural area of Oro-Medonte. e) To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. f) To encourage the development of passive low-intensity recreational uses in the rural (not agricultural) areas of the Township, provided the use has a minimal impact on the character of the rural area and is properly sited. The above-noted strategic objectives, are considered in context to this application, below: a) To preserve and enhance the Oro Moraine as a unique and important Iandform feature of the Township. Staff comment: This is a general objective intended to protect the natural functions, natural heritage and the appearance/character of the Oro Moraine from development. In the case of this application, there are no known/mapped natural heritage features (e.g. woodlands, wetlands, watercourses) into which the proposed development would intrude. In terms of natural functions such as ground water re-charge, the entire Oro-Moraine has been identified as a significant ground water recharge area. There is nothing specific about this proposed development that would be a cause for concern from the standpoint of groundwater or other natural functions of the Oro- Moraine. However, matters of appearance/character must be considered, and these are discussed in the section below. b) To minimize the negative impact of proposed development on the open and natural character of the existing rural area. Development Services February 2, 2022 Report No. DS2022-009 Page 4 of 14 Page 145 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... Staff comment: This objective is intended to prevent the over-development of the area over-all, as well as to prevent individual examples of development that could detract from the rural appearance/character of the Oro Moraine. While an accessory building possessing a height of height to 8.84 metres (29 feet) and a floor area of 589 square metres (6340 square feet) is not a common form of development on the Oro Moraine or in the Township, an agricultural building with these characteristics and in such an area is not uncommon. Based on the sketches that the applicant has provided, the proposed building would outwardly have the appearance of a large agricultural building, other examples of which of similar size (e.g. horse riding arenas) can be found in the Township's agricultural and rural areas. A building of this size and in this location would not appear to be out of character in this location. c) To require that aggregate extraction operations are designed to minimize visual impact. Staff comment: Not applicable to this application. d) To ensure that there is a clear spatial delineation between the Barrie and Orillia urban areas and the rural and agricultural area of Oro-Medonte. Staff comment: The proposed development would not contribute to the "urbanization" of the area. The area would still remain clearly rural and agricultural in character. e) To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. Staff comment: The intended use of the building partially as a private helicopter hangar, while not a commonly encountered use, is not one that would be incompatible with the rural character or resource activities such as forestry or mineral aggregate extraction. However, the compatibility of the use with the area is reliant on the use remaining private. A commercial aircraft hangar or other commercial or industrial activity in a building of such size could be incompatible with the area from the standpoint of nuisance or the introduction uses more appropriately located on designated commercial or industrial lands than in a rural area. The use of a portion of the proposed building as a private helicopter hangar and the associated take-off/landing of a private helicopter is categorized as an un- registered/un-certified "aerodrome" pursuant to the Canadian Aeronautics Act, which defines an aerodrome as: "Any area of land, water (including the frozen surface thereof) or other supporting surface used, designed, prepared, equipped or set apart for use either in whole or in part for the arrival, departure movement or servicing thereon or associated therewith." Development Services February 2, 2022 Report No. DS2022-009 Page 5 of 14 Page 146 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... The Canadian Aeronautics Act authorizes an aerodrome to be located virtually anywhere in Canada, including on a private property such as the applicant's, however certain locational restrictions and technical/safety requirements apply to aerodromes when: • They are located within the built-up area of a city or town; • They are used by an air carrier as a main operations base, or for scheduled passenger-carrying service; or • The Minister considers certification is in the public interest. Indeed there are other examples of small, private aerodromes in the Township, more typically in the form of a grass airstrip and building in which to store and maintain a light airplane. In Planning Staff's opinion, the use of the subject lands as a small, private aerodrome for a helicopter would be compatible with the area. f) To encourage the development of passive low-intensity recreational uses in the rural (not agricultural) areas of the Township, provided the use has a minimal impact on the character of the rural area and is properly sited. Planning Staff comment: This section is not applicable to this application. Therefore, based on the above, it is Planning Staff's opinion that the variances requested to facilitate the proposed detached accessory building (garage and aircraft hangar) conform to the Township of Oro-Medonte Official Plan. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) by the Township's Zoning By- law 97-95, as amended. Single detached dwellings and accessory buildings are permitted uses in the A/RU Zone. The applicant is seeking relief from the Zoning By-law to allow: 1. An increase in height to 8.84 metres (29 feet), whereas the Zoning By-law currently permits a maximum height of 4.5 metres (14.7 feet); and 2. An increase in the floor area to 589 square metres (6340 square feet), whereas the Zoning By-law currently permits a maximum floor area of 100 square metres (1076.4 square feet). The general intent of the Zoning By-law with respect to restricting the height and floor area of accessory buildings is to ensure that an accessory building will be secondary and subordinate, both in its appearance and its function, to the primary residential use of the property. If this variance application is approved, the accessory building (garage and private aircraft hangar) would remain in keeping with the character of the lands and the surrounding area, due to its outward appearance as an agricultural building. Development Services February 2, 2022 Report No. DS2022-009 Page 6 of 14 Page 147 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... However, considering the building's proposed height (8.84 metres (29 feet)) and floor area (589 square metres (6340 square feet)), it would be considerably larger than the existing 302 square metre (3251 square feet) one-storey dwelling that is located on the lands. In most circumstances it would be difficult to consider such an accessory building to be secondary or subordinate to such a dwelling and it could be expected that the accessory building would dominate the lot over the primary residential use. However, some unique characteristics of the subject lands, combined with the proposed placement of the accessory building in relation to the dwelling, would in fact render the proposed building to be secondary and subordinate in Planning Staff's opinion. Firstly, the proposed building is to be located farther back from the road, behind and to the north of the existing dwelling. The proposed accessory building would also replace an existing 140 square metre (1507 square feet) detached accessory building. Secondly, there is an existing mature tree buffer made up of a combination of mostly deciduous and some coniferous trees and cedar shrubs along the frontage of the property that, if maintained, would partially screen the proposed building from view from the road and from properties across the road. There are no nearby residences/properties to the north, south or west whose views or enjoyment might be negatively impacted by the proposed building. Thirdly and most uniquely, the topography of the property drops down away from the road, such that the floor level of the proposed agricultural building would be significantly lower than the floor level of the dwelling. This drop in elevation would not directly screen the proposed building from view from the road, but it would substantially remove the building from casual line-of-sight and would very substantially reduce the prominence of the building in relation to the dwelling. Taken in combination, the location of the proposed building farther back from the road than the existing dwelling, the tree buffer that would partially screen and soften the appearance of the building from the road and, most notably the significant drop in elevation of the property as one moves away from the road, would in Planning Staff's opinion render the appearance of the proposed accessory building to be clearly secondary and subordinate to the existing dwelling as the main residential use of the lands. These considerations, combined with the outward agricultural building appearance of the proposed building and the intended private (not commercial) use of the building, would ensure that the accessory building will not appear to be the dominant structure on the property, would not be out of place in this rural area on the Oro-Moraine, and the lands and the use of the property will maintain its rural and residential character in a manner that would remain in keeping and compatible with the surrounding area. Planning Staff is therefore of the opinion that the variances meet the general intent of the Zoning By-law. Development Services February 2, 2022 Report No. DS2022-009 Page 7 of 14 Page 148 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... Are the variances appropriate for the desirable development of the lot? As stated above, Planning Staff does not expect the accessory building to negatively affect the current rural and residential appearance and use of the property. The proposed accessory building will not interfere with functional matters on the lot, such as parking, access, the septic system or amenity space on this 4.2 hectares (10.4 acres) property. It is also worth noting that the size of the subject lands exceeds the Zoning By-law's minimum lot size (2.0 hectares (4.9 acres) for agriculture uses. Therefore, in accordance with the Zoning By-law, the applicant could apply for a Building Permit to construct an agricultural building of the same size or larger than the proposed accessory building, without the need for a minor variance. Based on the above, Planning Staff are satisfied that the proposed development would be desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. It is Planning Staff's opinion that the proposed accessory building, once constructed, would soon blend into the area's rural character, which includes agricultural buildings of various sizes, and that the use and enjoyment of surrounding properties will not be negatively impacted by the use of the subject lands as a private aerodrome. Therefore, in Planning Staff is of the opinion the requested variances are minor in nature. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The Development Services February 2, 2022 Report No. DS2022-009 Page 8 of 14 Page 149 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re- 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. • Township Building Division: Proposed hangar not covered under jurisdiction of the Ontario Building Code. Jurisdiction of all Heliport and aerodromes is under Transport Canada, Canadian Aviation Regulations Standard 325. • Township Operations Division: No comments. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-85 to permit a detached accessory building (garage) with a maximum height of 8.84 metres (29 feet) and a maximum floor area of 589 square metres (6340 square feet), be approved, on the basis that the application is consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, the Township of Oro-Medonte Official Plan, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, MCIP, RPP, Manager, Planning Services Approval: Date Andria Leigh, Deputy CAO & Director, Development Services January 28, 2022 Development Services February 2, 2022 Report No. DS2022-009 Page 9 of 14 Page 150 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map ,—as�yRld Sg5 —Moonsinne.Rtl. 911 �T ��i evall y 7�. 2550 msa��e.Re.� 2639 2336 'Ridge Road 2536 2274 2299 2242 2224 2390 2431 2200 s—a38 2160 F2352 2129 2272 2241 2053 2249 2122 1875 2104 2085 Schedule 1 Location `' Township ot� (G�' ® Subject Lands Proud Heritage,Exciting Future 0 400 M File Number:2021-A-85 N Development Services February 2, 2022 Report No. DS2022-009 Page 10 of 14 Page 151 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re- Schedule 2: Aerial Photo Ra,T -Moons{t�on RI: HorsesFi� a le Y•R - , 1 1R d9� uaad J _ . c 6 4 � z r, r }'T Schedule 2 Aerial Photo —�' C3 Subject Lands Proud HeritWe,Exciting Fiateare 0 100 m i File Number:2021-A-85 N 1 Development Services February 2, 2022 Report No. DS2022-009 Page 11 of 14 Page 152 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicants Site Plan z y W - '� HANGAR —— -4.=a. la _ I r� S 5 a, — f C � f r 4�5& j - I I II � Development Services February 2, 2022 Report No. DS2022-009 Page 12 of 14 Page 153 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... Schedule 3 Cont.: Site Plan Detail: ILI _# I ------------- J II A L F 0 r C N C F. S 5 I O N 5 I Development Services February 2, 2022 Report No. DS2022-009 Page 13 of 14 Page 154 of 274 6.d) 6-00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re. Schedule 4: Applicant's Elevation Drawings LO O CD U) LU U) LLJ 0 z L L ON U) ce) CO CN 04 7-7 1.41 AI O LU X U) 0 < L? zLU Development Services February 2, 2022 Report No. DS2022-009 Page 14 of 14 Page 155 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David Sent:January 19, 2022 10:27 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2021-A-85) Dale Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 156 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... From: Metras, Justin Sent:January 19, 2022 10:09 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2021-A-85) Dale Abbey Operations has no comments on this application. Justin Page 157 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... From: Craig,Jason Sent:January 20, 2022 3:50 PM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2021-A-85) Dale Good afternoon, Building division comments are as follows: 1. Proposed hangar not covered under jurisdiction of the Ontario Building Code. Jurisdiction of all Heliport and aerodromes is under Transport Canada, Candian Aviation Regulations Standard 325. Kind regards, Page 158 of 274 6.d) 6.00 p.m. DS2022-009, Derek Witlib, Manager, Planning Services re: ... �i k o 3 �+ W 3 Y CJ A U / LI -- _A •N:q=euq Q N O N O .N£aired }+ Cu ry Q � UCu Q zCu Cu ry / (6 U to .� 00 U . . . . 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E / 2 0RnR � RRRs a Q E \ R O E e n v V ] k / Page488 0 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-004 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # February 2, 2022 Minor Variance Application 2022-A-01 Roll #: Lisa & Andy Browning R.M.S. File #: 4346-010-007-07601 3 Black Forest Lane D13 60268 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-004 be received and adopted. 2. That Minor Variance Application 2022-A-01 by Lisa and Andy Browning specifically for permission to build a detached accessory building with an increase in height of 5.8 metres (19.0 feet) and an increase in floor area of 138.0 square metres (1,485.5 square feet), on lands municipally known as 3 Black Forest Lane, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-004. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4 and Section 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That the applicants maintain the existing vegetative buffer along the interior side property lines, or replace with a similar vegetative buffer; and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services February 2, 2022 Report No. DS2022-004 Page 1 of 15 Page 169 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... Background: The subject property has a lot area of 0.73 hectares (1.81 acres), according to MPAC records, and contains a single detached dwelling with an attached 2 car garage. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build a two storey detached accessory building. The applicants are seeking relief to the following sections of Zoning By-law 97-95, as amended: Section 5.1.4 — Maximum Height Required. Proposed: 4.5 metres (14.7 feet) T5.8 metres (19.0 feet) Section 5.1.6 — Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) 1 st floor: 74.0 square metres (796.6 square feet) 2nd floor: 64.0 square metres (688.9 square feet) Tota I: 138.0 square metres (1 ,485.5 square feet) The applicants' site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development will not impact the natural features or functions. Planning Staff is of the opinion that this application is consistent with the PPS. Development Services February 2, 2022 Report No. DS2022-004 Page 2 of 15 Page 170 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed accessory building 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 area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory building will be located further from Lake Simcoe than the existing dwelling and it is not anticipated to have any adverse impact on the Lake Simcoe shoreline. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the application and determined that the proposal is generally consistent with, and in conformity with the natural heritage and hazard policies of the Provincial Policy Statement, and other applicable Provincial, and Local plans. On this basis, they recommended approval of this application. Since the proposed development is located outside the regulated area, an LSRCA permit is not required. The LSRCA's full comments are included as Schedule 5 to this report. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the proposed detached accessory building is accessory to the permitted residential use. Development Services February 2, 2022 Report No. DS2022-004 Page 3 of 15 Page 171 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the 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. The intent of the Shoreline Designation is: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings and by extension accessory uses, such as detached garages. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build a new detached accessory building, which is accessory to a permitted residential use in the Shoreline Designation and is not anticipated to conflict with the Official Plan's objectives to protect the natural features of the shoreline area. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Rural Residential One Exception 10 (RUR1*10) in the Township's Zoning By-law 97-95. Exception 10 is not applicable to the proposed detached accessory building. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1. The applicants have requested relief from the Zoning By-law to permit the construction of a detached accessory building with an increased maximum floor area and an increased maximum height. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. Properties that abut Lake Simcoe are permitted to have a detached accessory building in the front yard provided that it is set back a minimum Development Services February 2, 2022 Report No. DS2022-004 Page 4 of 15 Page 172 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... distance of 15.0 metres (49.2 feet) from the front lot line in the RUR1 zone. The detached accessory building is proposed to be located 46.54 metres (152.7 feet) from the front lot line. The height of a detached accessory building is measured from average grade to mid-roof. The applicants have requested an increase in height from 4.5 metres (14.8 feet) to 5.8 metres (19.0 feet). The applicants are proposing to build a two storey detached accessory building with an increased floor area from 70.0 square metres (753.5 square feet) to 138.0 square metres (1,485.5 square feet). The main level is proposed to have an area of 74.0 square metres (796.6 square feet) and will be used as a 2 car garage, and the second floor is 64.0 square metres (688.9 square feet) and is proposed to be used as a home office which will not be associated with a home occupation. The proposed detached accessory building is smaller than the existing single detached dwelling which has a gross floor area of approximately 344.2 square metres (3,705.1 square feet) according to MPAC records. Based on the size of the dwelling, the proposed accessory building will remain secondary and subordinate to the primary residential use on this lot. Based on the above, Planning Staff is satisfied that the proposed detached accessory building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? The topography of the property slopes down from the road towards Lake Simcoe. Due to the slope of the property, the only portion of the existing dwelling that is visible from the road is the roof with the dormers. The accessory building is proposed to be located in front of the dwelling, 46.54 metres (152.7 feet) from the front lot line and 7.2 metres (23.6 feet) from the nearest interior side lot line. Based on the proposed location of the garage, it is anticipated that only the second floor of the garage will be visible from the road. Upon site visit, Planning Staff noticed that there is existing vegetation along both interior side lot lines that will help screen the building from view from the neighbouring properties. In order to maintain the existing character of the neighbourhood, Planning Staff recommend that as a condition of the minor variance the applicants maintain and preserve the existing vegetative buffer along the interior side lot lines, or replace with a similar vegetative buffer if destroyed during construction, to ensure that the accessory building remains screened from view from the neighbouring properties to the east and west of the subject lands. Due to the topography of the property, the large setback from the front lot line and interior side lot lines, and the existing vegetation along the interior side lot lines, it is Planning Staff's opinion that the proposed accessory building will not have an adverse impact on the neighbouring properties. Prior to issuance of a Building Permit, the owners will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval. The plan will ensure that water drainage resulting from the proposed accessory building will be mitigated on the subject lands and will not impact the neighbouring lots. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lot. Development Services February 2, 2022 Report No. DS2022-004 Page 5 of 15 Page 173 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In planning Staff's opinion, the requested Minor Variances are minor in nature as they are not anticipated to have any adverse impacts on the neighbouring properties and they will not detract from the shoreline residential character of the lot. As these variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. Development Services February 2, 2022 Report No. DS2022-004 Page 6 of 15 Page 174 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... • Township Infrastructure and Capital Projects — No comments. • Township Building Division — No comment. • Lake Simcoe Region Conservation Authority — Recommend approval. See Schedule 5. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Elevation Drawings Schedule 5: Lake Simcoe Region Conservation Authority's comments dated January 21 , 2022. Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-01 be approved, specifically to permit construction of a detached accessory building with an increase in height of 5.8 metres (19.0 feet) and an increase in floor area of 138.0 square metres (1,485.5 square feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, an represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services January 27, 2022 Andria Leigh, Deputy CAO/Director Development Services January 27, 2022 Development Services February 2, 2022 Report No. DS2022-004 Page 7 of 15 Page 175 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... Schedule 1: Location Map V7 7u7 .pool aFe�en.- ia.• 01749 T 1700 h ersesh"o Iley In Ridge Rd.W. t� 2653 �d9s. Reece . 1 4 10 8 2 2755 e/Rck Forest Ln. 1 3 5 7 9 11 Schedule 1 Location ®Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2022-A-01 I Development Services February 2, 2022 Report No. DS2022-004 Page 8 of 15 Page 176 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... Schedule 2: Aerial Photo va."m, ,. o E, Ad. hoeNale Rd. 9 - 6ia�k ag a� ��rest Ln f Schedule 2 Aerial Photo Subject Lands Proud Heritage,Exciting Future o ao m File Number:2022-A-01 N I 1 Development Services February 2, 2022 Report No. DS2022-004 Page 9 of 15 Page 177 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Applicants' Site Plan b a k orest ane _ 7.5m SETABACK i 1 , 1i I 1 720 , 5.59 �t proposed accessory building 77 tis I, 1 1 1 I ` Um SET BACK r � ee `1 1 , 1 I ,1 =��20m SETBACKI ; --� lake simcoe Schedule 3 Applicant's Site Plani File Number 2022-A-01 Proud Heritage,Excitia,Q Future Development Services February 2, 2022 Report No. DS2022-004 Page 10 of 15 Page 178 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Elevation Drawings -1IT T - i 1 � - ———— ——————————--————-- ---- - I I y I I I I west elevation south elevation Schedule 4 Applicant's Elevation Drawings 0 T File Number 2022-A-01 Proud Heritage,Excitia,Q Future Development Services February 2, 2022 Report No. DS2022-004 Page 11 of 15 Page 179 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... Schedule 5: Lake Simcoe Region Conservation Authority's comments dated January 21, 2022 Lake Simcoe Legion con-5ervaticn authority wwtiw_LSRC:A.an_ca Sent vla e-mail,Plan nirkeftro-medonte.ca January 21,2022 Municipal File No_2022-A-01 LSRCA File No.,VA-119691-011722 Andy ILaraiskakis,Secretary-Treasurer—Committee of Adjustment Development Services.,Township of Oro-Medonte 14R Line 7 South Oro-Medonte,ON LIfL 2FO [fear Mr_Karaiskakis: Re: Minor Variance Application Owner: Lisa&Andy Browning 3 Black Forest Lane,Orcr-Medonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment_We understand that the applicants are proposing to build a detached accessary building. The applicants are seeking relief to the fallowing sections of Zoning By-law 97-95: Section 5.1.4—Maximum Height Required: Proposed: 4.5 metres(14.7 feet) 5.8 metres(19.0 feet) Section 5.1.6—Maximum Floor Area Required: Proposed: 70.0 square metres(753.5 square feet) 111 floor: 74.0 square metres(796.6 sq u a re f eet) 211 fl Dar v 64.0 square metres(698.9 squarefeet) Total: 138.0 square metres{1485.5 square feet) Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: * Committee of Adjustment Notice pacikage,dated Jan.1711,2022 Staff have reviewed this a PPlication as per ou r delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1of the Provincial PoIicyStatement(PP5,2020)and as a regulatory authority under Ontario Regulation 179f06 of the Conservation Authorities Act. LSRCA has also 120 Sayview Parkway T 905.895-1281 Newmarket, Ontario UY 3W3 F 905,853-5881 Member of Conservation Ontario TF 1.800.465.0437 Development Services February 2, 2022 Report No. DS2022-004 Page 12 of 15 Page 180 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... Lake Sinwoe Region conservation autthority Page 2 of 4 provided comments per our MOU with the Township of Oro-Medonte. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally. LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Art. Recommendation Based on our review of the submitted information in support of the application,it is determined that the proposal is,generally consistent with, and in-conformity with the natural heritage and hazard policies of the Provincial Policy Statement,and other applicable Provincial,and Local plans.on this basis,we recommend approval of this application,on the following conditions; • That the owner shall pay all development tees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Please note that payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2022 Fee Schedule). Site Characteristics Existing mapping indicates that the subject property is partly within an area governed by Ontario Regulations 179/06 of the Conservation Authorities Act.This appears related to the Shoreline Hazard Area of the Lake Simcoe Shoreline. y ]Mac*Forsat Lans,Ort 4iodomia 0 w►w rw .......w wee [] s r 2 bra 19Hdu Sw.e v +,iN IWri �a w se Development Services February 2, 2022 Report No. DS2022-004 Page 13 of 15 Page 181 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re'... Lake Sivicc_ Rcgio—i Page 3 of 4 The subject property is designated as'Rural'as per theOountyof Simcoe Official Plan,and the Township of Oro- Medonte Official Plan designates the property as 'Shoreline'- The Township Zoning By-law 97-9S zones the property as 'Rural Residential One Excepton 10(RUR1'10)'Zone. Dellep,ated ResponsibilitV and StatutcwV Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Provinceto represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020).The proposal is consistent with Section 3.1 of the Provincial Policy Statement. 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 Conservotaon 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, erosionr dynamic beaches, pollution,of the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any waywith a watercourse or wetland- Ontario Regulation 179/06 of the Conservation Authorities Act applies to part of the property. This proposal is for development outside of the regulated area across the property, and therefore,an LSRCA permit is not required. 5urnmary Based on our review ofthe submitted information in support of the application,it is determined that the proposal is generally consistent with, and in-conformity with the natural heritage and hazard policies of the Provincial Policy Statement,and ether applicable Provincial,and Local plans.On this basis,we recommend approval of this application,on the following conditions, • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees. Policy under the Conservation Authorities Act. (Please note that payment is currently outstanding for the LSRCA review of the minorivaria nc a application of$525.00 per the LSRCA 2022 Fee Schedule). Given the above comments:, it is the opinion of the LSRCA that: • Consistency with Section 3-1 of the PPS has been demonstrated. + This proposal is for development outside of the regulated area across the property, and therefore, an LSRCA permit is not required. Should you have any questions concerning these comments,please do not hesitate to contact the undersigned (I-munnoch@lsrca-on-cad referencing the above file numbers in any Correspondence-Please advise our office of any decision made with regard to this matter. Sincerely, Development Services February 2, 2022 Report No. DS2022-004 Page 14 of 15 Page 182 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... Lake simcoe Region conservation authority Page 4 of 4 Liam Munnoeh Planner 1 Lake Simcoe Region Conservation Aut°'o`ity CC_Andy Karaiskaki(akaraiskakis@oro=medonte.ca) Development Services February 2, 2022 Report No. DS2022-004 Page 15 of 15 Page 183 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... From: Saunders, David Sent:January 17, 2022 3:18 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2022-A-01) Browning 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 184 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... From: Metras, Justin Sent:January 18, 2022 8:52 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2022-A-01) Browning Abbey Operations has no comments on this application. Justin Page 185 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... From: Craig,Jason Sent:January 20, 2022 3:29 PM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting February 02, 2022 (2022-A-01) Browning Good afternoon, Building has no comment. Kind regards, Page 186 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail: plan ning@oro-medonte.ca January 21, 2022 Municipal File No: 2022-A-01 LSRCA File No.: VA-119691-011722 Andy Karaiskakis, Secretary-Treasurer—Committee of Adjustment Development Services,Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application Owner: Lisa &Andy Browning 3 Black Forest Lane, Oro-Medonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the applicants are proposing to build a detached accessory building. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.4—Maximum Height Required: Proposed: 4.5 metres (14.7 feet) 5.8 metres (19.0 feet) Section 5.1.6—Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) 1"floor: 74.0 square metres (796.6 square feet) 2nd floor: 64.0 square metres (688.9 square feet) Tota I: 138.0 square metres (1485.5 square feet) Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Committee of Adjustment Notice package, dated Jan. 17t", 2022 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 18 o-fF274.800.465.0437 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermedkkt5iFRIsq"roPe:... conservation authority Page 2 of 4 provided comments per our MOU with the Township of Oro-Medonte. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based on our review of the submitted information in support of the application, it is determined that the proposal is generally consistent with, and in-conformity with the natural heritage and hazard policies of the Provincial Policy Statement, and other applicable Provincial, and Local plans. On this basis,we recommend approval of this application, on the following conditions: • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Please note that payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2022 Fee Schedule). Site Characteristics Existing mapping indicates that the subject property is partly within an area governed by Ontario Regulation 179/06 of the Conservation Authorities Act.This appears related to the Shoreline Hazard Area of the Lake Simcoe Shoreline. Lake Silncae 3 Black Forest Lane,Oro-Medonte Features Region " t6eservallbn auChon[y ❑ LSRCA Watershed Boundary 0 LSPP Watershed Boundary _ — Regulation Boundary or� ` 8 63:4 CN F 0 RE ET LANE Regulafion Area Assessment Parcel 4 BLA C4f•F6rtE5T LAN ste Lot and Concession F4 — Watercourse % 9 BLA CHrFORESTLRN Roads ir.,y eoo s� Railway ❑ Lauer Tier Municipality BI.A CttFORES Air 8 F T NE 2 66RCKF E57 La E ?Btmtr-FOeESt f 1.BLA'CK KrJRE iL4 riE �'d I Pnmetl On �/�■112 V2022 ' `'' ter_J. r` rc+wr=+er: r mama Hare c.rnq.:n mwv�me m��isa o�rm�3 o.a w�+xi�mwmw rnuicsrun oum icv.� mwJ wxerwe p r+.-�t�..#w.u.w�eev�nwrP�axwµ a�WptYerne Law wm.t�m.newmum.zmx mm w,atm�ine �wrmry®s un are—---p�a�toT arwrai ww.ec mR ml.aos aor r-avr crni Seale t. 1.623 Motors 82 0 Al 82 Page 188 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermedkkt5iFRIifIl"f0Pe:... conservation authority Page 3of4 The subject property is designated as 'Rural' as per the County of Simcoe Official Plan, and the Township of Oro- Medonte Official Plan designates the property as 'Shoreline'. The Township Zoning By-law 97-95 zones the property as 'Rural Residential One Excepton 10 (RUR1*10)' Zone. 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 is consistent with Section 3.1 of the Provincial Policy Statement. 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 Regulation 179/06 of the Conservation Authorities Act applies to part of the property. This proposal is for development outside of the regulated area across the property, and therefore, an LSRCA permit is not required. Summary Based on our review of the submitted information in support of the application, it is determined that the proposal is generally consistent with, and in-conformity with the natural heritage and hazard policies of the Provincial Policy Statement, and other applicable Provincial, and Local plans. On this basis,we recommend approval of this application, on the following conditions: • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Please note that payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2022 Fee Schedule). Given the above comments, it is the opinion of the LSRCA that: • Consistency with Section 3.1 of the PPS has been demonstrated. • This proposal is for development outside of the regulated area across the property, and therefore, an LSRCA permit is not required. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (I.munnoch@lsrca.on.ca) referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, Page 189 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermedkkt5iFRIafII"fOne:... conservation authority Page 4of4 Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority CC: Andy Karaiskaki (akaraiskakis@oro-medonte.ca) Page 190 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re'... 4 _ I 1c LA w d OA�S9 I,d t �S d' O N N O N C `^ T i O U C a) Q � � N J U 4 (D (1) }, C6 0 a) �� ILL > a) _ 10� U) 10� O M O G� ++ Q ._ t� E U •� i Nw O c.� Page 191 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... �4 O �\ O f� o O ca O 4-0 ) O m >1 O � O O 1-- i O � a� O 4-0 t 4- 4 a) a) .� 2 2 N — cu N cu c p _0 LO co a) c O O ti cfl �- � cn cn N o b E E cn cu cu cu Q U) - � � � D- O o o U) co:)C (u o � o CU co a) — O Q_ Ln o_ � r- coH � U cu cn cU cn C6 a) cu cu U_ Ln Q cu cu L .Q o) 2 IL Ln > Q c (6 O� LO � r' O O _ E E (6 cu c E G N m cn V.� cu 0) `n b `n � a) .� o � E o L U N U N C) U cu INcn Cn Page 192 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... �4 AAA O M� W �Y ± I r N N O �m N m O Cu o. U , CL CL Q N U C6 .L— Cu O � o •- o � a L Q Page 193 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... �4 AAA O M� W D a O1 ' U Q� NCD Y _I O cD �I `VCL ro r CL W U C6 . . Cu a O cl) c�a v M CL Q Page 194 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... �4 AAA ❑❑❑ Q❑❑ I BOO I s s I- - 1 h - - 75 •� � i � i i i i ii Q O A _ n v ■ M CL Q Page 195 of 274 6 ,. 2 � i ��c� '2Cw'�►�k.;Ss.c . • st:' e Le . i'WR i 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Interme,diate Planner re:... 4 U � - 4-0 CU 0 ILL O i N °o o � J N O CL p Q � ILL _cu c6 a) cu cu —j 4-0 cu LU Page 197 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re'... 4 r r"� a) _ . Incu U 0 O a) a) _ U (D cu f •— _ CU Q z. cn w O r U) a) W a) O -0 a) . 0) a) Page 198 of 274 6.e) 6.10 p.m. DS2022-004, Catherine McCarroll, Intermediate Planner re:... �4 AAA O M� W ti O Q . O 0 ., Q Z3 { � Nk- _4-0 � . O O C/) r c+ LDs M V J MIT cu O 75 Page 199 of 274 6.e) 6.10 p.m. IDS2022-004, Cathenne M CCBrC�, IntermediatePlanners 2. c') e 0 c \ 2 c / n o LL • $ = t ƒ co k » \ _ E: 9 § \ / / �t . \ � / 2 - � \ n / ° 0 \ a) ? § / 7k co / a qCD 0 .4 § / f \\ ) a) \ %C?\ / ®\% \ - - Ea) o qa) / � �� /a _0u 0- CLc / /k f \ g %/ 00 ° � ® a)j 2 � U 00 % / / 0 - co 0 -» § ° u/ 2 / a) 0 k ' �� � a)e q Z E f \ » - c 0 � � / co r - - E § 0 a) c: CO 3 e o@ _ % ca o e g 2a -o % o- E = \ a f � § / � c: ® U) \ \ / / ƒ \ / Ee0 q >1 a) 0) G % E cu ƒ - \ 0 7 q § f \ E 2R - \ / I / e n . . ® S ® k / k \ \ 9 2 S � \ � ) k � f % � / � 7 % $ = > % ) CL e -0 e o a 2 E - e m � % § k $ c �� / ' ƒ / 2 7 % / /_ / /�\ E > 2 / 2 ƒ / �R > L3 0 2 * c _& 2 G e � � 0 � 00w a) M \ � $ / / % � 77 / � O ƒ cj 0 Q-0 a) / � ° � � § / 6 ) \ % ƒ % £ / % y a22 § � s2 � cGE � e • 6 e c e •- c o . . 2 ) § y 2 I / n / \ 3 a) q 3 \ � : ® ƒ M \ f - ° 2 s N 9 � 27 / �\ f -0 a) 0 / �/ \ � / \ ) / � � � 7 / ° ® cu 8 a) / qyR � / / 6L \ DL- �f 2 O c am & e = o o e o c- ® q § ma c cu CL ƒ-a) . k � \ § e $ e e e / ƒ a) u 7 / 33 £ � = = = [ e\ k § � 2 e \ \ \ � \ \ \ E £ e e » o c = = c = _ = o E ± / co gR �RnRRRU / 2 / / \ / a) ® \ U 0 R R : I R 4 \ & 6 4 / Page 200 of 274 Ta) DS2022-016, Danielle Waters, Planner re: Consent Application 20 2 2... Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-016 Development Services Danielle Waters, Planner Committee Meeting Date: Subject: Motion # February 2, 2022 Consent Application 2022-B-01 for Validation of Title Roll #: by David Robert Wilson and R.M.S. File #: 4346-020-006-03900 Mary Elizabeth Veltheer D10-60287 4346-020-006-01300 1081 Moonstone Road East 5107 Line 10 North Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-016 be received and adopted. 2. That Development Services Committee approve Consent Application 2022-13-01 for Validation of Title pertaining to lands located at 1081 Moonstone Road East and 5107 Line 10 North, Township of Oro-Medonte, on the basis that the application conforms to Section 57(6) of the Planning Act. 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the subject parcel, for review by the Municipality and for use for the issuance of the Certificate of Validation. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The purpose of this report is to consider Consent application 2022-13-01 which proposes a Validation of Title over lands described as 1081 Moonstone Road East and 5107 Line 10 North, being Part Lot 14, Concession 11 , Medonte and Part Lot 15, Concession 11 , Medonte (being PIN 58520-0082) and Part Lot 15, Concession 11, Medonte (PIN 58520-0087), containing an existing dwelling and several agricultural buildings owned by David Robert Wilson and Mary Elizabeth Veltheer. Validation of Title is a mechanism that is provided in Section 57 of the Planning Act, R.S.O. 1990, c. P.13. The granting of Validation of Title has the effect of "fixing" any prior contraventions to the Planning Act that make the validity of the title questionable for an Development Services February 2, 2022 Report No. DS2022-016 Page 1 of 5 Page 201 of 274 Ta) DS2022-016, Danielle Waters, Planner re: Consent Application 20 2 2... otherwise existing parcel of land. It does not result in the creation of a new lot and there is no right to appeal on a Validation of Title decision. The subject lands of 5107 Line 10 North possess a frontage of 921.0 metres (3,023.0 feet) along Line 10 North, comprise an area of approximately 84.0 hectares (207.5 acres) and supports an existing single detached dwelling and several agricultural structures. The subject lands at 1081 Moonstone Road East possess a frontage of 820.0 metres (2,692.0 feet) along Moonstone Road East, comprise an area of approximately 35.8 hectares (88.5 acres) and is vacant. A location map and aerial map identifying the location of the Validation of Title Application are contained in Schedules 1 and 2. Analysis: According to the applicant's Solicitor, the lands that are subject to this Validation of Title application is the result of a death of the previous joint tenant (Vasey Edna Wilson) to the current owners (David Robert Wilson and Mary Elizabeth Veltheer). The applicant is requesting the Township to consider issuing a Validation Certificate. The applicant's solicitor has stated that the apparent Planning Act violation has not occurred, however the purchaser's solicitor is seeking clarity through the Validation of Title process. One property is held as "tenants in common" the other, held as "joint tenants". Recently released, Bill 276, provides clarification to the merging of abutting lands. The circumstances described in this application would not allow the lands to merge, due to the death of a joint tenant. Pursuant to Section 57(6) of the Planning Act, an application for Validation of Title must conform with the same criteria that apply to the granting of consents under Section 53 (Consents). The criteria for consents and now for validations as well are set out in Sections 53(12) and (13) of the Act. Financial / Legal Implications / Risk Management: A Consent for Validation of Title is not appealable and therefore there are no potential financial obligations from the outcome of Committee's decision. Policies/Legislation: Planning Act Committee shall have regard to the matters under Subsection 51 (24), including the "health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality". Conformity with the Official Plan and Zoning By-law are not required however the Committee shall have regard to them. Planning Staff are of the opinion that this application is in line with Subsection 51 (24). Development Services February 2, 2022 Report No. DS2022-016 Page 2 of 5 Page 202 of 274 Ta) DS2022-016, Danielle Waters, Planner re: Consent Application 20 2 2... Township Official Plan, Zoning By-law, and County of Simcoe Official Plan Having regard to the Township and County Official Plans, the policies of which may not support the creation of such lots if consent were required, the lots are existing, are relatively large parcels and are in agricultural use in accordance with the objectives and permitted uses of the Official Plans. Provincial Policies Planning Act 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 Modernize Township Services • Improve delivery services Consultations: Applicant's Solicitor Applicant's Planner Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Conclusion: Planning Staff recommends that Consent Application 2022-B-01 for Validation of Title be approved, on the basis that the application conforms to Section 57(6) of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Derek Witlib, Manager Planning Services January 27, 2022 Andria Leigh, Deputy CAO/Director, Development Services January 27, 2022 Development Services February 2, 2022 Report No. DS2022-016 Page 3 of 5 Page 203 of 274 Ta) DS2022-016, Danielle Waters, Planner re: Consent Application 20 2 2... Schedule 1 — Location Map Yas¢Y�Ui:� - a J 1096 x:1.�eEnP•van¢y�n. IN I � c'" •R, 43 918 28 1i dg� }44ax BIN E stone_Q.E. a 907 1081 C5300 5234 747 777 5107 5236 5154 5116 5086 5091 5086 4982 4981 142 74 2 c1y_S LI 5022: Schedule 1 . A TA& Location ; � ® /�' Toot f fp,9ili�/Subject Lands (� Proud Heritage,Exciting Future 0 400 M File Number:2022-B-01 ti I i i i I Development Services February 2, 2022 Report No. DS2022-016 Page 4 of 5 Page 204 of 274 Ta) DS2022-016, Danielle Waters, Planner re- Consent Application 20 2 2... Schedule 2 — Aerial if n�rsesni e,va 11 er�h. �C idge R lid EIMLof 19 X0.40 -- M."nstone?RT E: z d c 2 0 T d E J ,I Schedule 2 Aerial Photo 7ownsPsip of Subject Lands Proud Heritage,Exciting Future 0 400 m File Number:2022-13-01 ti I 1 Development Services February 2, 2022 Report No. DS2022-016 Page 5 of 5 Page 205 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-013 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # February 2, 2022 Minor Variance Application 2021-A-70 Roll #: David Burgess and Marites R.M.S. File #: 4346-010-006-15000 Calacala D13 60040 551 Penetanguishene Road Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-013 be received and adopted. 2. That Minor Variance Application 2022-A-70 by David Burgess and Marites Calacala specifically to permit the construction of a single detached dwelling with a setback of 5.6 metres (18.3 feet) to the Environmental Protection Zone and 22.0 metres (72.1 feet) to a watercourse, on lands municipally known as 551 Penetanguishene Road, be approved, subject to the conditions as outlined in Report DS2022-013. 3. The conditions are as follows: a) That notwithstanding Section 5.27 and 5.32, the single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling 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, Nottawasaga Valley Conservation Authority permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: This application was previously heard at the November 3, 2021, Development Services Committee meeting. The application was deferred to allow the applicant time to complete an Environmental Impact Study (EIS), as requested by the Nottawasaga Development Services February 2, 2022 Report No. DS2022-013 Page 1 of 12 Page 206 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... Valley Conservation Authority (NVCA). An EIS has now been submitted, reviewed and supported by the NVCA. It should be noted that a portion of the garage has been adjusted, making it slightly farther from the northerly side lot line. This does not move the proposed structure any closer to the Environmental Protection zone or the water course. The subject property has a lot area of 0.81 hectares (2.0 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and several detached accessory buildings. The applicants are proposing to demolish the existing dwelling and construct a new single detached dwelling. The existing dwelling is built very close to Penetanguishene Road and the applicants wish to create distance from the new dwelling and this main road. The applicants are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 5.27 Setbacks from Limits of Environmental Protection Zone Required: Proposed: Notwithstanding any other provision in 5.6 metres (18.3 feet) this By-law, no building or structure, shall be located within 30 metres (98.4 feet) of the boundaries of the Environmental Protection Zone. Section 5.32 Setback from Water Courses Required: Proposed: Notwithstanding any other provision in 22.0 metres (72.1 feet) this By-law, no building, or structure shall be located within 30 metres (98.4 feet) of the top of bank of any watercourse The applicant's site plan and elevation drawings are included as Schedules 3 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 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 February 2, 2022 Report No. DS2022-013 Page 2 of 12 Page 207 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... 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, 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 a watercourse. Section 2.1 .7 which speaks to Species at Risk, must also be considered in context to this application, since the EIS submitted by the applicant identified the potential for Species at Risk bats to be living within the existing dwelling that is proposed to be demolished. Section 2.1.7 states that, "Development and site alteration shall not be permitted in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements." However, the demolition of a building does not meet the definitions of development or site alternation in the PPS and therefore Section 2.1 .7 is not applicable to this application. Section 2.2 —Water aims to "protect, improve or restore the quality and quantity of water". NVCA had previously requested an EIS to assess potential natural heritage impacts as a result of the proposed development. The EIS has been submitted and reviewed by NVCA and they are in support of the application. The NVCA's full comments are included as Schedule 4 to this report. Section 3.1 Natural Hazards is to ensure safety of people and structures. NVCA notes that there is a meander erosion hazard on the property. However, this natural hazard is outside of the proposed dwelling development area and thus, the NVCA has no natural hazard concerns. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposal is consistent with the Rural Areas policies in the Growth Plan 2020 as the land subject to this application is an existing rural residential lot. 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 a watercourse. The subject lands are not located within any natural heritage designations identified in the Township's or County's Official Plans. However, in accordance with the comments received from the NVCA, they state that there are significant natural heritage features within proximity to the proposed development and therefore the application was previously deferred to allow the applicant to prepare an EIS. An EIS was required to Development Services February 2, 2022 Report No. DS2022-013 Page 3 of 12 Page 208 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... evaluate conformity of the proposal with relevant natural heritage-related policies such as Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features. The completed EIS has been reviewed by NVCA and they are in support of the application. Planning Staff is of the opinion as outlined above that this application conforms to A Place to Grow, 2020 given the NVCA comments. County Official Plan The property is designated Greenlands and Agriculture in the County of Simcoe's Official Plan. The proposed dwelling is 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. There is an existing dwelling on the property that will be demolished and replaced with the proposed dwelling. In Planning Staff's opinion, the applicant's minor variance application conforms with the County's Official Plan as the construction of a single detached dwelling is considered an existing residential use on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Agricultural in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings. Development Services February 2, 2022 Report No. DS2022-013 Page 4 of 12 Page 209 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... Therefore, based on the above, the requested variance pertaining to the construction of a single detached dwelling is considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. Single detached dwellings are permitted in the A/RU Zone. The applicants are proposing to demolish an existing dwelling and rebuild a new single detached dwelling and are seeking relief from the Zoning By-law to allow a reduced setback from the EP zone and a watercourse. The primary purpose of the setback from a watercourse and the Environmental Protection Zone is to protect natural heritage features, people, property and structures from natural hazards such as flooding and erosion. The location of the proposed dwelling is regulated by the NVCA. Township Staff have yet to receive formal planning comments from the NVCA for this application; however, Staff have received the NVCA's technical review comments on the EIS, and have been instructed from NVCA Planning Staff to use these comments for this report. In these comments, NVCA staff noted that they are in support of the application and that a permit will be required. NVCA staff note that the EIS recommends the existing dwelling be monitored for evidence of Species at Risk (SAR) bats that could be presently hibernating in the existing dwelling through "exit surveys" in June prior to the demolition of the dwelling. While Planning Staff recognizes the recommendations in the EIS and the comments of the NVCA, Provincial planning policies do not identify demolition as a form of development and there is no requirement for a bat survey to be imposed through the planning process. The NVCA has advised that, "As the NVCA does not have a mandate to regulate SAR, the Township should consider the use of a planning tool (such as a conditional approval for the minor variance) to ensure the bat exit survey is completed prior to demolition of the existing dwelling in accordance with the recommendations of the applicant's EIS submission". However, the Township similarly has no authority through the planning process to delay demolition due to potential Species at Risk. Considering that the applicant already has the ability to apply for and obtain a demolition permit for the dwelling at any time without waiting to conduct a bat exit survey, Planning Staff are respectfully recommending that a condition for a bat exit survey not be imposed on this application. Planning Staff's recommendation does not prevent the applicant from following the recommendations of the EIS and retaining a professional to conduct a bat exit survey in June prior to demolition of the existing dwelling. Planning Staff is of the opinion that the requested variances meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this rural area. Upon site visit, Staff has identified that the proposed dwelling will blend in with the area as there are other dwellings in the area. The location for the proposed dwelling is currently cleared and used as driveway and Development Services February 2, 2022 Report No. DS2022-013 Page 5 of 12 Page 210 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... garden space. The proposed structure will not interfere with functional matters such as access around the dwelling. 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 proposed structure is not anticipated to have an adverse impact on the neighbourhood. No changes are proposed to the existing driveway and the applicants intend to resurface much of the lot to enhance the property as per the EIS. As the proposed variances for the single detached dwelling are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • 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 Development Services February 2, 2022 Report No. DS2022-013 Page 6 of 12 Page 211 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection • Township Infrastructure and Capital Projects — No comments • Nottawasaga Valley Conservation Authority — See Schedule 4 Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Nottawasaga Valley Conservation Authority comments dated January 21, 2022 Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-70 be approved, specifically, to permit the construction of a single detached dwelling with a setback of 5.6 metres (18.3 feet) to the Environmental Protection Zone and 22.0 metres (72.1 feet) to a watercourse, on lands municipally known as 551 Penetanguishene Road, 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 January 26, 2022 Andria Leigh, Deputy CAO/Director, Development Services January 26, 2022 Development Services February 2, 2022 Report No. DS2022-013 Page 7 of 12 Page 212 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... Schedule 1: Location Map y'7• 7 Napoleon Rd. «de�9I I . Rd. 2620 i 1 Rureleah+el•VaRey I OMSp�eRd. �a• cm m 559 2621 Qm 551 2621 Schedule 1 Location 0;nwv�� /r ®Subject Lands r� .Proud Herira�e,Exciting Future 0 100 m File Number.2021-A-70 1 1 Development Services February 2, 2022 Report No. DS2022-013 Page 8 of 12 Page 213 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... Schedule 2: Aerial Photo � r Ir oa «d. rm Schedule 2 Aerial Photo Township of C3Subject Lands ®� Noul H erimge,Exciting Future 0 50 rn File Number.2021-A-70 N L 1 I I 1 Development Services February 2, 2022 Report No. DS2022-013 Page 9 of 12 Page 214 of 274 7.b) DS2022-013, Danielle Waters, Planner re- Minor Variance Application... Schedule 3: Applicants Proposed Site Plan sit r'^ .25 i� �I �ppld a 1w'S ee ers%o 3'JVWa � N yy � I $.6b� Proposed n! dwelling %BY � 2— 116.N• M P9': a � � �� �,y�l� ter. '"' ��•aS�� fir. �.$ ? g�� �•y!" � bpp Existing �• � � _ �� `�' �'�• —�--;� — r ? N� � S �y •�8� (sw)co'Al b ? car @ �.• !c�-arse-a1 9iF� • x r�� ' (SYV 7 Zdr'Id) 3.S t.8f_gNdu ;e. —ems-- 'r�s Schedule 3 Applicant's Site Plan y He Number 2021-A-70 Proud HerrtnAe,Exiitiri;q Future Development Services February 2, 2022 Report No. DS2022-013 Page 10 of 12 Page 215 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... Schedule 4: NVCA comments From:Emma Perry<eperrV@nvca.on.ca> Sent:January 21,2022 12:15 PM To:'Dave'rdavewarm@Rmail.com>,Waters,Danielle edwaters@oro-medonte.ca> Cc:Amy Knapp<aknapp@nvca.on.ca> Subject: RE: [External] RE:Minor variance Oro Medonte 2021-A-70-551 Penetanguishene Rd, Barrie, On., L4M OH1 In short, NVCA has no concerns with the approval of the variance from an ecology perspective, and we request a condition of approval for the applicant to obtain an NVCA permit. Some conditions of the permit are provided below for reference. Material Reviewed In preparing these comments the following documents were reviewed: • "551 Penetanguishene Rd Environmental Impact Study" by Sumac Environmental Consulting Ltd. dated December 2021. Review Comments - Regulatory 1. An unevaluated wetland feature was delineated on the subject site in accordance with the Ecological Land Classification protocol. NVCA staff accept the wetland as delineated in the EIS report. It is noted this wetland was delineated outside of the growing season and represents a best efforts approach, which is acceptable given the nature of the site having an existing developed area. 2. Installation of a silt fence for the purpose of controlling sediment transport into the wetland feature is recommended in Figure 3 of the report. The confirmed installation of this silt fence and maintenance in good working order is to be a condition of NVCA permit authorization. An erosion and sediment control plan will be required to be submitted to the NVCA as part of a complete permit application.. 3. NVCA staff support the EIS recommendation for the proposed lot grading to match the existing drainage patterns on the subject site. A lot grading and drainage plan will be required to be submitted to the NVCA as part of a complete permit application. The applicant will be required to demonstrate that existing and proposed grades are matched at the specified limits of development. 4. NVCA staff support the EIS recommendation that infiltration on the site be maintained. It appears from the preliminary plans reviewed that the development proposed will result in a net increase in infiltration capacity, due to the proposed removal of select paved areas and restoration with landscaping consistent with residential uses. Review Comments -- Advisory 5. The subject site is within the Growth Plan for the Greater Golden Horseshoe plan area where applications under the Planning Act are subject to demonstrating conformity with Growth Plan policies. Development Services February 2, 2022 Report No. DS2022-013 Page 11 of 12 Page 216 of 274 7.b) DS2O22-013, Danielle Waters, Planner re: Minor Variance Application... f. The subject site is mapped within the Simcoe County Greenlands Official Plan designation, This is the governing Natural Heritage System for the application of Growth Plan for the Greater Golden Horseshoe (GPGGH) policies. 7. The EIS report has demonstrated that the subject site contains the following natural heritage features: a. Significant Woodland (treed swamp wetland community); b. Significant Wildlife Habitat; c. Wetlands (unevaluated); d. Candidate Habitat for Threatened and Endangered Species (assumed). 8. For the application of GPGGH Natural Heritage Policies, the following Natural Heritage features are identified in the EIS report for the subject site: a. Key Natural Heritage Features (KNHF - Significant Woodland, Significant Wildlife Habitat); b. Key Hydrologic Features (KHF - wetland); c. Lands Adjacent to Key Natural Heritage Features; d. Lands Adjacent to Key Hydrologic Features. 9. Section 4.2.4.1.c. of the GPGGH requires a natural, self-sustaining vegetation protection zone (VPZ) of at least 30m for Significant Woodlands. The application has proposed a VPZ less than the required 30m. Section 4.2.4.3 of the GPGGH prohibits development in the vegetation protection zone. However; a deficient VPZ is allowed by Section 4.2.3.1 for: "expansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan, subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited In scope and kept within close geographical proximity to the existing structure;" NVCA staff advise that the application has demonstrated that the proposed development does not encroach into the KNHFs and KHFs, is limited in scope and in close proximity to the existing structure(s). It is the opinion of NVCA staff that the development proposed, particularly the restoration of the paved areas with landscaping; brings the use more into conformity with the GPGGH policies. 10.Section 8.2.1. of the EIS recommends the existing dwelling be monitored for evidence of Species at Risk (SAR) bats through an exit survey in June prior to the demolition of the structure. As the NVCA does not have a mandate to regulate SAR, the Township should consider the use of a planning tool (such as a conditional approval for the minor variance) to ensure the bat exit survey is completed prior to demolition of the existing dwelling in accordance with the recommendations of the applicant's EIS submission. Please note that formal comments on the application from NVCA Planning are Forthcoming and the above comments are preliminary ecology review only (i.e. not inclusive of any engineering comments). IF you have any questions please feel Free to reach out via email. Development Services February 2, 2022 Report No. DS2022-013 Page 12 of 12 Page 217 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... From: Emma Perry<eperrv@nvca.on.ca> Sent:January 21, 2022 12:15 PM To: 'Dave' <davewarm@gmail.com>; Waters, Danielle <dwaters@oro-medonte.ca> Cc:Amy Knapp<aknapp@nvca.on.ca> Subject: RE: [External] RE: Minor variance Oro Medonte 2021-A-70 - 551 Penetanguishene Rd, Barrie, On., L4M OH1 In short, NVCA has no concerns with the approval of the variance from an ecology perspective, and we request a condition of approval for the applicant to obtain an NVCA permit. Some conditions of the permit are provided below for reference. Material Reviewed: In preparing these comments the following documents were reviewed: • "551 Penetanguishene Rd Environmental Impact Study" by Sumac Environmental Consulting Ltd. dated December 2021. Review Comments - Regulatory 1. An unevaluated wetland feature was delineated on the subject site in accordance with the Ecological Land Classification protocol. NVCA staff accept the wetland as delineated in the EIS report. It is noted this wetland was delineated outside of the growing season and represents a best efforts approach, which is acceptable given the nature of the site having an existing developed area. 2. Installation of a silt fence for the purpose of controlling sediment transport into the wetland feature is recommended in Figure 3 of the report. The confirmed installation of this silt fence and maintenance in good working order is to be a condition of NVCA permit authorization. An erosion and sediment control plan will be required to be submitted to the NVCA as part of a complete permit application. 3. NVCA staff support the EIS recommendation for the proposed lot grading to match the existing drainage patterns on the subject site. A lot grading and drainage plan will be required to be submitted to the NVCA as part of a complete permit application. The applicant will be required to demonstrate that existing and proposed grades are matched at the specified limits of development. 4. NVCA staff support the EIS recommendation that infiltration on the site be maintained. It appears from the preliminary plans reviewed that the development proposed will result in a net increase in infiltration capacity, due to the proposed removal of select paved areas and restoration with landscaping consistent with residential uses. Review Comments - Advisory 5. The subject site is within the Growth Plan for the Greater Golden Horseshoe plan area where applications under the Planning Act are subject to demonstrating conformity with Growth Plan policies. Page 218 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... 6. The subject site is mapped within the Simcoe County Greenlands Official Plan designation. This is the governing Natural Heritage System for the application of Growth Plan for the Greater Golden Horseshoe (GPGGH) policies. 7. The EIS report has demonstrated that the subject site contains the following natural heritage features: a. Significant Woodland (treed swamp wetland community); b. Significant Wildlife Habitat; c. Wetlands (unevaluated); d. Candidate Habitat for Threatened and Endangered Species (assumed). 8. For the application of GPGGH Natural Heritage Policies, the following Natural Heritage features are identified in the EIS report for the subject site: a. Key Natural Heritage Features (KNHF - Significant Woodland, Significant Wildlife Habitat); b. Key Hydrologic Features (KHF — wetland); c. Lands Adjacent to Key Natural Heritage Features; d. Lands Adjacent to Key Hydrologic Features. 9. Section 4.2.4.1.c. of the GPGGH requires a natural, self-sustaining vegetation protection zone (VPZ) of at least 30m for Significant Woodlands. The application has proposed a VPZ less than the required 30m. Section 4.2.4.3 of the GPGGH prohibits development in the vegetation protection zone. However; a deficient VPZ is allowed by Section 4.2.3.1 for: Alexpansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan, subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure;" NVCA staff advise that the application has demonstrated that the proposed development does not encroach into the KNHFs and KHFs, is limited in scope and in close proximity to the existing structure(s). It is the opinion of NVCA staff that the development proposed, particularly the restoration of the paved areas with landscaping; brings the use more into conformity with the GPGGH policies. 10.Section 8.2.1. of the EIS recommends the existing dwelling be monitored for evidence of Species at Risk (SAR) bats through an exit survey in June prior to the demolition of the structure. As the NVCA does not have a mandate to regulate SAR, the Township should consider the use of a planning tool (such as a conditional approval for the minor variance) to ensure the bat exit survey is completed prior to demolition of the existing dwelling in accordance with the recommendations of the applicant's EIS submission. Please note that formal comments on the application from NVCA Planning are forthcoming and the above comments are preliminary ecology review only (i.e. not inclusive of any engineering comments). If you have any questions please feel free to reach out via email. Page 219 of 274 7.b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application... Sincerely, Emma Perry, B. Sc., GCER I Planning Ecologist Nottawasaga Valley Conservation Authority 8195 8ch Line, Utopia, ON LOM 1TO T 705-424-1479 ext. 236 eperry@nvca.on.ca I nvca.on.ca Page 220 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re: Telecommun... Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-010 Council Derek Witlib, Manager Planning Services Meeting Date: Subject: Motion # February 2, 2022 Telecommunication Towers — Xplornet Communications Inc. Roll #: (Agent) R.M.S. File #: 4346-010-009-02400 D00 4346-010-005-42100 432 Line 7 South Application 2021-PCA-27 William Robert Crawford (Owner) 906 Line 14 North Application 2021-PCA-28 Walter Daniel Pezuk (Owner) Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-010 be received and adopted. 2. That Innovation, Science and Economic Development Canada (ISED) be advised that the Township of Oro-Medonte has no concerns and concurs with Xplornet Communications Inc. proposed installation of a telecommunication tower to be located at 432 Line 7 South. 3. That Innovation, Science and Economic Development Canada (ISED) be advised that the Township of Oro-Medonte has no concerns and concurs with Xplornet Communications Inc. proposed installation of a telecommunication tower to be located at 906 Line 14 North. 4. And that the applicant be advised of the Committee's decisions under the Director, Development Services signature. Purpose: The purpose of this report is to provide Council with information and analysis regarding the proposed installation of two telecommunication towers by Xplornet Communications Inc., to be located at 432 Line 7 South and at 906 Line 14 North. Development Services February 2, 2022 Report No. DS2022-010 Page 1 of 29 Page 221 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Refer to Schedules 1 , 2 and 3 for a Location Map, Aerial Photo, Site Plan and a Representative Photo of the tower proposed at 432 Line 7 South. Refer to Schedules 4, 5 and 6 for a Location Map, Aerial Photo, Site Plan and a Representative Photo of the tower proposed at 906 Line 14 North. According to the applicant, both of the proposed towers are described as 45 metre height self- support towers enclosed in a 10m x 10m (fenced) secured compound of a 15m x 15m leasehold. The site will be built to accommodate antennas and equipment for future technology services and provide for co-location with other carriers. There are no changes being made to grade or drainage on the remainder of the lands outside of the proponent's exclusive leasehold as a result of this proposal, other than: • The addition/compaction of gravel to enhance the existing laneway at 432 Line 7 South; and • The construction of an access approach/apron from Old Barrie Road at 906 Line 14 North. The applicant has submitted the following information in support of each of the two tower proposals: • Site Selection/Justification Reports; • Engineering Drawings; • Public Notification Brochures; • Town Hall Summary Reports; • Public Comment Detail Reports; • Requests for Statement of Land Use Authority Concurrence; and • Draft Statements of Concurrence (draft motions). Background: The Applicant participated in a Pre-Consultation Meeting with Township Staff and Lake Simcoe Region Conservation Authority (LSRCA) Staff on October 25, 2021 with respect to both tower proposals. The applicant, in accordance with the Township's Telecommunications Tower Siting Protocol, hosted Virtual (Zoom) public meetings On December 22, 2021: • From 6:OOpm-7:OOpm with respect to the proposed tower at 432 Line 7 South; and • From 7:30pm-8:30pm with respect to the proposed tower at 906 Line 14 North. The applicant, in accordance with the Township's protocol, provided no less than 20 days notice of the public meetings in the following manner: • Direct notice to landowners within a 120 metre radius of the tower site; • Applicant's Notice Brochure was posted on the Township's website; and • A Notice Sign was posted on the subject lands. Development Services February 2, 2022 Report No. DS2022-010 Page 2 of 29 Page 222 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... 432 Line 7 South The subject property is approximately 32.6 hectares (80.5 acres) in size and is located on the west side of Line 7 South, north of Ridge Road. The property contains a dwelling and agricultural buildings and is in agricultural use. A watercourse (Shelswell's Creek) bisects the western portion of the property. Surrounding land uses are agricultural and the Oro Station Rural Settlement Area is located approximately 750 metres to the south of the proposed tower location. 906 Line 14 North The subject property is approximately 42.9 hectares (106 acres) in size and is located on the west side of Line 14 North and on the north side of Old Barrie Road. The property contains a dwelling and agricultural buildings and is in agricultural use. The northeast portion of the property contains a woodlot and an unevaluated wetland and there is also a small woodlot in the southwest portion. Surrounding land uses consist of agricultural uses to the west and south. To the north is an aggregate operation. To the east is the Big Cedar Estates residential community. Analysis: Xplornet Communications Inc. has submitted these two proposals to the Township to fulfill Innovation, Science and Economic Development Canada's (ISED) requirement of consultation with the local land use authority and is seeking concurrence from the local land use authority. Municipal review of telecommunication towers and antennas in the Township of Oro-Medonte is governed by the Township's Telecommunications Tower Siting Protocol supported by Council in March 2005. The protocol sets out detailed procedures for the review of telecommunication facilities to be installed in the Township. The Protocol includes the following: • preliminary consultation process; • public notification and consultation processes; • municipal response process; • criteria for what kind of facilities are exempted from the public consultation requirement, for example, a ground supported tower less than 16.6 metres in height and located more than 200 metres from a residential dwelling. The Protocol also sets out the following Iocational constraints: • Directing tower development away from environmentally sensitive features; • Directing tower development away from Lake Simcoe Regional Airport; and • Discouraging tower development within existing agricultural lands. The municipal consultation process is part of the requirements by ISED in the approval of telecommunication facilities. The undertaking of telecommunication facilities is under the exclusive jurisdiction of the Federal government. The provisions of the Ontario Planning Act and municipal bylaws and regulations do not apply to Federal undertakings. While the consultation process allows local land use authorities and the public to have input into proposals of telecommunication facilities, local authorities do not have the power to approve or disapprove Development Services February 2, 2022 Report No. DS2022-010 Page 3 of 29 Page 223 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... the location or construction of such facilities. ISED is the ultimate approval authority of such facilities under the Radiocommunication Act. For both of the proposed towers, the applicant's Site Selection/Justification Report states that: "Like many areas of the province, your community is experiencing a growing demand for wireless services. As people rely more on wireless devices such as smartphones, tablets and laptops for business and personal use, network improvements are required to ensure high quality voice and data services are available. For a wireless network to be reliable, an operator must provide "seamless" coverage so that gaps in the network are avoided. Gaps create dropped calls and overall poor service to customers... The location will also have the ability to provide much relied upon communication services in the area such as EMS Response, Police and Fire; improved wireless signal quality for area residents, those traveling along the major roads, as well as providing local subscribers with Xplornet's 4G/5G wireless network coverage and capacity for products and services such as iPhones, Smartphones, Tablets and wireless internet through surrounding area." According to the Site Selection/Justification Reports that have been submitted, the applicant's search for a candidate location included the following considerations: • Co-location opportunities on existing area carrier tower structures; • Evaluation of other local existing structures / rooftops; • Consideration of municipal properties; and • Airport / navigation safety. 432 Line 7 South The applicant's Site Selection/Justification Report for 432 Line 7 South concluded that: • An existing Rogers tower 1 .2 kilometres to the west and a proposed Bell tower 2.2 kilometres to the south would not be able to address an existing coverage deficiency. • There were no other existing structures or rooftops that are located within the specific geographical area offering the required height and that may be available to support new equipment or to use for co-location. • No suitable municipal, commercial or industrial properties were found. The Municipal Office was determined to be too close to Lake Simcoe Regional Airport. • The proposed tower site is in proximity to, but outside of, the airport's flight path and circling approach restrictions. Lighting/marking needs are anticipated to be minimal, if at all. • The proposed site is well situated to provide improved wireless voice and data services in the targeted area and designed to have minimal impact on surrounding land uses and meets the intent of the governing protocol. The subject lands are designated Agricultural according to the Township of Oro-Medonte Official Plan. The subject lands are mostly zoned Agricultural/Rural (A/RU) according to Township of Oro- Medonte Zoning By-law 97-95. The proposed tower site is within the A/RU Zone. A portion of Development Services February 2, 2022 Report No. DS2022-010 Page 4 of 29 Page 224 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... the property corresponding with Shelswell's Creek is zoned Environmental Protection (EP Zone). Township Planning Staff in their review of the proposal considered that since the applicant's coverage needs would not appear to allow for a tower site that avoids the agricultural area, the proposed siting of the tower among the cluster of exiting farm buildings on land that is not under cultivation would: • Not result in agricultural land being taken out of production; • Not appear to interfere with agricultural operations and movement of farm equipment; and • Not impact any natural heritage features. Based on the above it is Planning Staff's opinion that the proposal is consistent with Township's Telecommunications Tower Siting Protocol, including its objective to protect agricultural land. Considering that there were no concerns raised with respect to this proposal from the public, Township Departments or agencies, it is Planning Staff's recommendation that the Committee support the applicant's request for a Statement of Concurrence (motion of support) from the Township of Oro-Medonte with respect to a proposed telecommunication tower on lands at 432 Line 7 South. 906 Line 14 North The applicant's Site Selection/Justification Report for 906 Line 14 North concluded that: • An existing Rogers/Bell tower 3.05 kilometres to the south-east would not be able to address an existing coverage deficiency, because there is no available space on the tower for equipment at a height that would meet Xplornet's coverage needs. • There were no other existing structures or rooftops that are located within the specific geographical area offering the required height and that may be available to support new equipment or to use for co-location. • No suitable municipal, commercial or industrial properties were found. • The proposed site is not in close proximity to the Lake Simcoe Regional Airport (11.4km). Accordingly, there are no restrictions or considerations requiring special attention in siting. The tower is not expected to require any lighting/marking • The proposed site is well situated to provide improved wireless voice and data services in the targeted area and designed to have minimal impact on surrounding land uses and meets the intent of the governing protocol. The subject lands are mostly designated Mineral Aggregate Resources according to the Township of Oro-Medonte Official Plan. A small portion of the property, including an area immediately south of the proposed tower site, is designated Agricultural. The subject lands are mostly zoned Mineral Aggregate Resources Two (MAR2) according to Township of Oro-Medonte Zoning By-law 97-95. A small portion of the property, including an area immediately south of the proposed tower site, is zoned Agricultural/Rural (A/RU). Township Planning Staff in their review of the proposal considered that, since the applicant's coverage needs would not appear to be able to avoid the area, the proposed siting of the tower and its proposed access lane outside of but immediately adjacent to the existing woodlot would: Development Services February 2, 2022 Report No. DS2022-010 Page 5 of 29 Page 225 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... • Keep to a minimum the amount of agricultural land taken out of production; • Keep to a minimum any interference with agricultural operations and movement of farm equipment; • Keep to a minimum any potential for the tower site to interfere with any future expansion of aggregate operations onto the lands, due to the proposes tower's location near the south-west corner of the property adjacent to the woodlot and farthest away from the existing pit to the north; and • Keep to a minimum any potential impact in the natural heritage resources of the woodlot since neither the tower nor its access lane would encroach into the woodlot. The woodlot is not identified as a Significant Woodland by the Official Plan and LSRCA Staff did not identify any natural heritage concerns with respect to this proposal. Based on the above it is Planning Staff's opinion that the proposal is consistent with Township's Telecommunications Tower Siting Protocol, including its objective to protect agricultural land and natural features. Access to the proposed tower would be from County Road 11 (Old Barrie Road). Notwithstanding that the County of Simcoe's policy is to not grant new driveway entrance on County roads, except in settlement areas, the County's acceptance of an entrance in this case is the County's recognition of the exclusive jurisdiction of the Federal government in the citing to telecommunication towers. Considering that there were no concerns raised from the public, Township Departments or agencies with respect to this proposal, it is Planning Staff's recommendation that the Committee support the applicant's request for a Statement of Concurrence (motion of support) from the Township of Oro-Medonte with respect to a proposed telecommunication tower on lands at 906 Line 14 North. Financial / Legal Implications / Risk Management: There are no direct financial implications to the Township by the proposed tower development. Policies/Legislation: • Radiocommunication Act, R.S.C. 1985, c R-2 • Township of Oro-Medonte Telecommunications Tower Siting Protocol Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. These telecommunication tower proposals are consistent with the following goals 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 February 2, 2022 Report No. DS2022-010 Page 6 of 29 Page 226 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... • Advocate and support improved Internet and Natural Gas access for Township residents and businesses. Consultations: 432 Line 7 South • Public Comments: No members of the public provided comments to the applicant during the consultation period and no members of the public participated in the applicant's public meeting. The Applicant's Town Hall Summary is attached as Schedule 7. • Township Operations Division: No comments. • Lake Simcoe Region Conservation Authority: No comments. 906 Line 14 North • Public Comments: No objections were raised during the consultation period or the public meeting. There were questions regarding the siting process, timing, reception coverage, signal strength and interference with other devices. The Applicant's Town Hall Summary is attached as Schedule 10. • Township Operations Division: No comments • Lake Simcoe Region Conservation Authority: No comments. • County of Simcoe: The Transportation and Engineering Department will allow for the proposed project to have an entrance from County Road 11, with the condition that the Applicant is to obtain an Entrance Permit from the County of Simcoe to ensure that the entrance will meet the County's requirements for entrance standards and minimum sight distances. Attachments: Schedule 1 : Location Map - 432 Line 7 South Schedule 2: Aerial Photo - 432 Line 7 South Schedule 3: Applicant's Site Plan & Representative Tower Photo - 432 Line 7 South Schedule 4: Location Map - 906 Line 14 North Schedule 5: Aerial Photo - 906 Line 14 North Schedule 6: Applicant's Site Plan & Representative Tower Photo - 906 Line 14 North Schedule 7: Applicant's Town Hall Summary Report - 432 Line 7 South Schedule 8: Applicant's Concurrence Request - 432 Line 7 South Schedule 9: Applicant's Draft Statement of Concurrence (motion) - 432 Line 7 South Schedule 10-Applicant's Town Hall Summary Report - 906 Line 14 North Schedule 11 -Applicant's Public Comment Detail Report - 906 Line 14 North Schedule 12:Applicant's Concurrence Request - 906 Line 14 North Schedule 13:Applicant's Draft Statement of Concurrence (motion) - 906 Line 14 North Development Services February 2, 2022 Report No. DS2022-010 Page 7 of 29 Page 227 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re: Telecommun... Conclusion: The installation of telecommunication towers on lands located at 432 Line 7 South and at 906 Line 14 North by Xplornet Communications Inc. presents an opportunity to improve telecommunication coverage in an underserviced area in the Township with limited impacts on adjacent land uses. The proposals have followed the procedures and met the requirements set out in the Township's Telecommunications Tower Siting Protocol. Based upon the above review, Staff supports providing concurrence to Innovation, Science and Economic Development Canada with respect to these tower installations. Respectfully submitted: Derek Witlib, MCIP, RPP, Manager, Planning Services Approvals: Date: Andria Leigh, Deputy CAO & Director Development Services January 28, 2022 Development Services February 2, 2022 Report No. DS2022-010 Page 8 of 29 Page 228 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 1: Location Map - 432 Line 7 South Vas y-Rd. 148 Rd- 17 110 97 160 oreeffioe-a�yR �AM•Ba�-Rd. 242 A R d9Y Ra 241 321 296 291 335 342 = 355 J 365 449 594 591 270 581 84 RIM 9 146290 113 16 15 50 Rydg 18 17 63 75 250 209 7 31 85 143 siucoe 685 15 53 137 79 67 55 688 Development Services February 2, 2022 Report No. DS2022-010 Page 9 of 29 Page 229 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 2: Aerial Photo - 432 Line 7 South �5 ., 1 Rd i -Moonstene-Rd. {d Coo Honeshae Va1le4-R SOId•earne-Rd. - L _ - _- a - - r I �f M Ear...... 'eat �'k" Avim Development Services February 2, 2022 Report No. DS2022-010 Page 10 of 29 Page 230 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 3: Applicant's Site Plan & Representative Photo - 432 Line 7 South 7c' - 1 1 s _ ! f' Representative Photo Development Services February 2, 2022 Report No. DS2022-010 Page 11 of 29 Page 231 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 4: Location Map - 906 Line 14 North Va -Rd. M III. 1104 - 1145 orseshae-alelY �Id•Barria-Rd. IC e i 'ti�id9R Road j� N j 1004 1265 78 ,kPVT)-Langman-Dr. 1 T � 4 Ott c��� i•�� 6 4 2446 2653 2472 sivco= 11 QId_Barrie_Rd._E. b� 7 2529 2417 733 708 915 897 608 451 Development Services February 2, 2022 Report No. DS2022-010 Page 12 of 29 Page 232 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 5: Aerial Photo - 906 Line 14 North }�Rd stoni Rd Horseshoe-alEYdLd, *_ -� ' C V RId9 A �x ng Laman. r. t' r — QI C_ - � J A tr yl r. V C -1 11 Dld Barrie Rd. E. _- - Mot Development Services February 2, 2022 Report No. DS2022-010 Page 13 of 29 Page 233 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 6: Applicant's Site Plan & Representative Tower Photo - 906 Line 14 North New C-0 a [F A 1S{} 1 �5} 1 } Representative Photo Development Services February 2, 2022 Report No. DS2022-010 Page 14 of 29 Page 234 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 7: Applicant's Town Hall Summary Report - 432 Line 7 South Town Hall Summary Report Xplornet Proposed Telecommunications Tower Site: ON8125 Ridge Rd Coordinates:44.466153,-79.526823' PIN:585500097 Municipal Address:432 Line 7 S,Oro-Medonte,Ontario LOL 2E0 Town Hall Location: Zoom https://zoom.us/i/98671543633?pwd=V053VnByeThyeXdYTFVlZiZBdWNlUT09 The Proponent hosted a Virtual Public Information Meeting on December 22.2021 from 6:00pm until 7:00pm. The Public Information Session was not attended by any members of the public. The Public Information Session concluded at 7:00pm with no parties attending Sincerely. Jeff McKay UP CIM FMA FCSI MBA Contractor: Telecom Site Acquisition 19 Cell:(519)566-9267 M Wail:leff.mckayCawarcon.ca varco 12/30/2021 Development Services February 2, 2022 Report No. DS2022-010 Page 15 of 29 Page 235 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 8: Applicant's Concurrence Request - 432 Line 7 South XPLOFRNET December 30,2021 Township of Oro-Medonte 148 Line 7 South Oro-Medonte,ON LOL2E0 Attn:Derek Wittib,Manager,Planning Services 705.487.2171 x2114 dwitlibedoro-medonte.ca Re: Proposed Telecommunications Tower; Xplornet Site ON8125"Ridge Rd" REQUEST FOR STATEMENT OF LAND USE AUTHORITY CONCURRENCE Dear Derek, On behalf of Xplornet Conunurications Canada Inc. ("Xplomet"), I would like to subrrit a. request for Statement of Concurrence concerning the proposed wireless conmitinication installation located at: 432 Line 7 S,Oro-Medonte,Ontario LOL 2E0;PIN:585500097. 1 have herewith included for your consideration,a srirnrnary of the municipal and public consultation process. Municipal &Public Consultation Process Summary Protocol: We confirmed that the Township of Oro-Medoute has a locally enacted Land-Use Policy,entitled "Township of Oro- Medonte Telecommunication Facilities and Structures Siting Policy (2005)". This Policy is aligned with the procedural requirements under ISED Canada's default protocol CPC-2- 0-03 Issue 5 (July 2014) "Radiocommunication and Broadcasting_4ntenna Systems"for the municipal and public consultation process and is adapted to include local concerns in the project justification and siting selection. One of the key concerns of this process is that such installations are deployed 16 in a manner that considers the surrormdings in exercising its , mandate to deploy necessary infi-astructure.Procedurally,the ', proponent is to follow the requirements of the CPC and address the additional local concerns specified in the Protocol. Public Notification: Under Section 3.2.1,we are to provide formal notice allowing 30 days for comments to any property owners within 120m radius of the tower.There are zero(0)other properties that fall within the Oro-Medonte's 120m impact radius requiring direct notice,however notice was placed on Oro-Medonte's township website by the township by November 26",2021.There are no requirements for newspaper publication. Under the local policy requirements,a sign board was erected on the proposed property on November 24,2021. Under the local policy requirements,we also conducted a`Public Information Meeting'on December 22,2021,at 6.00PM—7:OOPM. Development Services February 2, 2022 Report No. DS2022-010 Page 16 of 29 Page 236 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Xplornet Site ON8125— "Ridge Rd" Public Response: Under CPC Section 4.2.2, we are to respond to all reasonable and relevant concerns raised during the 30-day notification period of Section 4.2_ What is considered reasonable or relevant (or not) is specifically defined under the section entitled "Public Reply Comments". The 30-day notice period concluded on December 28,2021. • The Municipality received no comments or concerns. • We("Xplornet")received no comments or concerns. Please see Town Hall Summary Reports attached. Municipal Consultation: Our consultation with the municipality included the following: • Pre-consultation to discuss protocol and land use particulars • Follow-up consultation by phone and email • Submission of a formal Municipal Introduction Package for review • Discussion about the proposed property and installation • Submission of a draft Public Consultation Package and Site Plan for review • Request for Rggistsnye with properties in tho rh,hlic Not:foRtion RRdius • Submission of the final Public Consultation Package • Hosting a video Public Information Session • Request to identify any other municipal requirements • Request for Municipal Concurrence o 411 of our activity fell within the CPC objective of concluding consultation within 120 days. Other Municipal Considerations: As we are regulated under federal policy,provincial legislation such as the Ontario Building Code Act and the Planning Act including zoning by-laws and site plan control do not apply to these facilities.Our installation is not required to submit application for a building permit.We also asked you to outline formally any other local requirements,and there were none. Concluding Land Use Authority Consultation: Under CPC Section 43,we have satisfactorily met the consultation requirements. Xplornet feels that the proposed site is well situated to provide and improve wireless voice and data services in the targeted area.The proposed site has been situated and designed to have minimal impact on surrounding land uses. At this time, we respectfully request that you provide a Statement of Concurrence. We have attached a draft Statement of Concurrence:Designated Official that you may modify to your satisfaction and use. A copy of this Statement of Concurrence will be sent to ISED Canada,as they require this to confirm our compliance with the governing December 30,2021 Request for Statement of Concurrence KPH DRfVE=T Development Services February 2, 2022 Report No. DS2022-010 Page 17 of 29 Page 237 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Xplornet Site ON8125— "Ridge Rd" protocol prior to moving forward with the installation of the proposed wireless communication facility. We reiterate that the design and approval of telecom sites falls strictly within the jurisdiction of ISED Canada,and that Council's role is simply to confirm that the Proponent has fulfilled its duties of municipal and public consultation and left no public issues unaddressed. On behalf of Xplomet,we look forward to providing better wireless communication service to this area.We thank you for your attention to this request and should you have any questions or need further information,please do not hesitate to contact our office. Yours Truly, .Je MC v FC UP CIM F SI MBA Contractor: Telecom Site Acquisition 9 Cell: (519)566-9267 vareoW' > m eMail: ieff.mckayf3yarcon.ca Jimirs Cc: ISED(Toronto) Enclosures: Site Sketch Public Information Package Public Town Hall Summary Report Statement of Concurrence(Draft): Council+Designated Official Development Services February 2, 2022 Report No. DS2022-010 Page 18 of 29 Page 238 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 9: Applicant's Draft Statement of Concurrence (motion) - 432 Line 7 South Xplornet Communications Inc. 300 Lockhart Mill Road Woodstock, New Brunswick E7M 6135 Jeff McKay, Municipal Relations 519-566-9267 1 jeff.mckay@varcon.ca Re: Proposed Telecommunications Tower;Xplornet Site ON8125—Ridge Rd Dear Mr. McKay, Further to receipt of Xplornet Communications Inc.'s request for a Statement of Concurrence from the Township respecting the above telecommunications tower proposed to be constructed on the land known as 432 Line 7 S,Oro-Medonte, Ontario LOL 2EO; PIN: 585500097, the Council of The Township of Oro-Medonte passed the following resolution at their *i « meeting: Moved by_ Seconded by_ That, The Township of Oro-Medonte concurs that the proposal by Xplornet Communications Inc. to erect a wireless communication tower on lands known as 432 Line 7 S, Oro- Medonte, Ontario LOL 2EO and owned by CRAWFORD, LORETTA MARIA; CRAWFORD, WILLIAM ROBERT, is fully compliant in the Township's opinion, with the requirements of ISED Canada's default protocol CPC- 2-0-031ssue 5(July 2014) "Radiocommunication and Broadcasting Antenna Systems'; and all obligations for the municipal and public consultation requirements have been satisfactorily met. Carried Accordingly, this motion serves as The Township of Oro-Medonte's formal Statement of Concurrence concerning the proposed wireless communication installation located at 432 Line 7 S,Oro-Medonte, Ontario LOL 2EO; PIN: 585500097. Yours truly, Development Services February 2, 2022 Report No. DS2022-010 Page 19 of 29 Page 239 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 10: Applicant's Town Hall Summary Report - 906 Line 14 North Town Hall Summary Report Xplornet Proposed Telecommunications Tower Site: ON7967 Orillia Coordinates:44.572157,-79.477891° PIN: 585390029 Municipal Address: 906 Line 14 N,Orillia,L3V611 Town Hall Location: Zoom https://zoom.us/I/93406526681?pwd=NTZOf_25pL3pRZlAVUEtMcOFxemprUT09 The Proponent hosted a Virtual Public Information Meeting on December 22,2021 from 7:30pm until 8:1 Opm. • The Public Information Session was attended by the following members of the public: ■ Presenters:Jeff McKay,Victoria McKay ■ Commenting:David Anderson,Michel Boulay,Iain Anderson(husband of Amanda Lamb) ■ Auditing: Derek Witlib • Proponent indicated that the chosen site location mitigated all factors to the extent possible, such that all requirements under this process have been met in achieving an"optimal"site. • We note that ALL respondents had homes outside of the defined Oro-Medonte's impact radius(120m). • Each participant was individually polled to address any questions or concerns they may have. • NO concerns were raised,nothing but questions regarding coverage,process,and timing. o David Anderson had questions regarding siting process, lighting, and interference with other devices_He brought forward no public concerns. o Michael Boulay, being 3.9km from tower and in support, had questions regarding timing and coverage.He brought forward no public concerns. o Iain Anderson brought forward questions regarding signal strength_He brought forward no public concerns. • There were no public concerns raised by any attendee. The Public Information Session concluded at 8:1Opm with no remaining relevant concerns. Sincerely, 1�1�,47 Jeff McKay UP CIM FMA FCSI MBA Contractor: Telecom Site Acquisition 8 Cell: (519)566-9267 ® eMail:jeff.mckau(&varcon.ca varcon 12/30/2021 Development Services February 2, 2022 Report No. DS2022-010 Page 20 of 29 Page 240 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 11: Applicant's Public Comment Detail Report - 906 Line 14 North XPLDFtNi=T Xplornet Site ON7967"Orillia" ��� Public Comment Detail Report 1. Michel Boullay 1 Scottdale Drive,Oro-Medonte ON LOL 1T0 Communication Tower on Old Barrie Road, Oro-Medonte Michel Boulay <boulaymi@hotmail.com> {� To Jeff Mckay 2021-11-25 a You replied to this message on 2021-11-29 1255 PM. Good evening Jeff: just saw the Xplomet sign today for the new telecommunication tower on Old Barrie Road in the township of Oro-Medonte. am already a customer of Xplornet, using the tower on Line 10 of Oro-Medonte. would like to register for the virtual open house session of 22 December 2021. 1 can already indicate that I am in favor of the new tower as our area of the township is underserviced for internet service. Are you in a position to advise whether current tower on Line 10 will remain after the new tower is erected?The current tower is 1.6 km from our house.The new tower would be 3.6 km from our house, and I am not sure how that would affect the quality of our service. Thank you in advance. Michel Boulay 1 Scottdale Drive Oro-Medonte ON LOL 1T0 ON7967 Public Commert Detail Report Development Services February 2, 2022 Report No. DS2022-010 Page 21 of 29 Page 241 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re: Telecommun... ><PLORNL- plornet ON7967 "Orillia" Public Comment Repiyl - Boulay 0 Jeff Mckay To Michel Boulay Cc Derek Witlib(dwitlib@oro-medonte.ca);ISED Canada(Toronto)' Bcc Jeff Mckay;Walter Pezuk(walterpezuk@hotmail.com) This message was sent with High importance. C7967 PC Reply 1 -orillia-Boulay.pdf16 v 270 KB Good afternoon Michel, Thank you for providing your comments.Attached you will find our formal reply. Please provide a phone number as well,in order to register for the video tov,?n hall. Kind Regards, Jeff McKay CFP CIM FMA FCSI MBA Contractor, Telecom Site Acquisition v Cell: (519) 566-9267 ® email:ieff.mckay@varcon.ca varco `p Thank you for your note of support. We will send you out login credentials just prior to the online Town Hall date. Please ensure you watch yourjunk email folder in case your system has a mail filter that removes incoming batch emails from your inbox. We are not aware of any change plans to the tower that now services you. The new tower, at 3.6kms from you,is well outside of the local coverage radius to provide any additional benefit to you with respect to 5G at your property, but will enhance both capacity and coverage in your general travel area,and gives us a much desired Fibre backhaul solution for taking at least some of the load off the tower closest to you. Your services will continue to "handshake"with the existing tower. We appreciate your comments;please note that your comments and a copy of this letter will be provided to the Township of Oro-Medonte and ISED Canada as part of our consultation process. ON7967 Public Comment Detail Report Development Services February 2, 2022 Report No. DS2022-010 Page 22 of 29 Page 242 of 274 Tc) DS2022-010, Derek Witlib, Manager, Planning Services re- Telecommun... 02. Amanda Lamb/lain Anderson 2472 Old Barrie Road East Oro-Medonte L3V 00 RE:ON7967 "Orillia"Registration for Open House Dec 22 for Proposed Xplomet Tower (� Jeff Mckay Reply I 'K) Reply All ; Forward �� I••- To Amanda Lamb Man 2021-12-13&16pM Cc Derek witlib(dwitlib�oro-medonte.ca) Hi Amanda, Thank you kindly for that information.You have been registered.Closer to the actual town hall session you will receive the link along with instructions for logging in to the event through Zoom.You may use Zoom in a browser and do not have to install a desktop app. The public virtual Town Hall is a matter of public record,but our Summary Report containing the required public respondent contact information is supplied to ISED and the Township of ORO Medonte.Contact number is required in case ISEO needs to engage directly as part of the Site plan Approval decision.Location is necessary to assess relevance of public comments and/or concerns with respect to the defined local environment.The local protocol establishes a E20m design criteria for optimal setback from non-landlord residential uses to meet all optimal siting design criteria.Any properties that fall within this radius receive direct mail notice;any outside receive general notice to the Township's choice of newsprint. Best Regards„ Jeff McKay crecaa ray.resrweA Contractor.Telecom Site Acquisition x Cell:(519)566-9267 ka eMail:leff.mckay@varcon.ca varcon'" ON7967 Public Comment Detail Report Development Services February 2, 2022 Report No. DS2022-010 Page 23 of 29 Page 243 of 274 Tc) DS2022-010, Derek Witlib, Manager, Planning Services re: Telecommunlellb ... QP XPLORNE From:Amanda Lamb<allamb88(-)Rmail.com> '�'' Sent:December 12,2021 7:12 PM To:Jeff Mckay<leff.mckay@varcon.ca> Subject:Re:ON7967"Orillia"Registration for Open House Dec 22 for Proposed Xplornet Tower Hi Jeff, My address is 2472 Old Barrie Road East Oro-Medonte 1-3V 0K3.Our property is one of the two adjoining lots on the West side.My phone number is 705-828-8102. May I ask what this information will be used for? Thank you, Amanda On Saturday,December 11,2021,Jeff Mckay<Ieff,mckaypvarcon.ca>wrote: Hi Amanda, Sure;we'd be happy to include you. Please provide your address and phone number and well get your login credentials out to you. Kind Regards, ,Jeff McKay UP CIM FMA FCSI MBA Contractor.Telecom Site Acquisition V Cell:(519)566-9267 c& eMall:ieff.mckavwarcon.ca varcon'lp From:Amanda Lamb<all@mb88PRmail.com> Sent:December 10,20215:07 PM To:Jeff Mckay<leff.mckayCWvarcon.ca> Subject:Registration for Open House Dec 22 for Proposed Xplornet Tower Good afternoon Mr.McKay, I would like to register for the virtual open house regarding the proposed XPLORNIFT tower on Old Barrie Road in Oro-Medonte,Ontario. Thank you, Amanda ON7967 Public Comment Detail Report Development Services February 2, 2022 Report No. DS2022-010 Page 24 of 29 Page 244 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re- Telecommun... XPLICDRIVET 3. David Anderson 2446 Old Barrie Road East Oro-Medonte L3V OK3 Re: Xplornet tower meeting 00 David Anderson <andersonde40@yahoo.ca> Y To Jeff Mckay You replied to this message on 2021-12-21 1:47 PM, Thanks Jeff, Cell number is 705-238-3799. Address is 2446 Old Barrie Road Fast Oro-medonte L3V OK3. The tower is going on the other half of the farm where I was born. Get Outlookfor Android From:Jeff Mckay<ieff.mckay@varcon.ca> Sent:Tuesday,December 21,2021 8:15:46 AM To:David Anderson<andersonde40@yahoo.ca> Subject: RE:Xplorn et tower meeting Hi David, Sure;we'd be happy to include you. Please provide your address and phone number and we'll get login credentials to you. Kind Regards, Jeff McKay CFP CIM FMA FCSI MBA Contractor. Telecom Site Acquisition Q Cell: (519) 566-9267 0 Wail: ieff.mckay0varcon.ca (From:David Anderson<andersonde40@yahoo.ca> Sent: December 20,20218:21 PM To:Jeff Mckay<1eff.mckay@varcon.ca> Subject:Xplornet tower meeting Hello Mr McKay, would like to register for the zoom meeting about the tower next door to my property. Thankyou David Anderson ON7967 Public Comment Detail Report Development Services February 2, 2022 Report No. DS2022-010 Page 25 of 29 Page 245 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 12: Applicant's Concurrence Request - 906 Line 14 North XPLOFRNOT December 30,2021 Township of Oro-Medonte 148 Line 7 South Oro-Medonte,ON LOL2E0 Attn:Derek Witlib,Manager,Planning Services 705.487.2171 x2114 dwitlib@,oro-medonte.ca Re: Proposed Telecommunications Tower;Xplornet Site ON7967"Orillia" REQUEST FOR STATEMENT OF LAND USE A UTHORITY CONCURRENCE Dear Derek, On behalf of Xplornet Communications Canada hic. ("Xplornet"), I would like to submit a request for Statement of Concurrence concerning the proposed wireless communication installation located at: 906 Line 14 N,Orillia,L3V6H1; PIN:585380029. I have herewith included for your consideration,a sunurrary of the municipal and public consultation process. Municipal & Public Consultation Process Summary Protocol. We confirmed that the Township of Ora-Medonte has a locally enacted Land-Use Policy, entitled "Township of Oro-Medonte Telecommunication Facilities and Stt etures Siting Policy (2005)". This Policy is aligned with the procedural requirements under ISED Q Canada's default protocol CPC-2-0-03 Issue 5 (July 2014) "Radiocommunication and Broadcasting Antenna Systems" for the municipal and public consultation process and is adapted to include local concerns in the project justification and siting selection. One of the key concerns of this process is that such installations are deployed in a manner that considers the surroundings in exercising its mandate to deploy necessary infi-astructiue. Procedurally, the proponent is to follow the requirements of the CPC and address the additional local concerns specified in the Protocol. Public Notification: Under Section 3.2.1,we are to provide formal notice allowing 30 days for coninients to any property owners within 120m radius of the tower. There are zero(0)other properties that fall within the Oro-Medonte's 120m impact radius requiring direct notice,however notice was placed on Ora-Medonte's township website by the township by November 26',2021.There are no requirements for newspaper publication. Under the local policy requirements,2 sign boards were erected on the • proposed property on November 24,2021. Under the local policy requirements,we also conducted a`Public Information Meeting'on December 22,2021,at 7:30PM—8:30PM. Development Services February 2, 2022 Report No. DS2022-010 Page 26 of 29 Page 246 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Xplornet Site ON7967- "Orillia" Public Response: Under CPC Section 4.2.2,we are to respond to all reasonable and relevant concerns raised during the 30-day notification period of Section 4.2. What is considered reasonable or relevant (or not) is specifically defined under the section entitled "Public Reply Comments". The 30-day notice period concluded on December 28,2021.3 commenting threads,all in support,was raised.All respondent properties were outside of Oro-Medonte's stipulated impact radius of 120m. Public comment summary: (please see attached detail report for full comment record) 1. Nlichel Boulay 1 Scottdale Drive,Oro-Medonte,3.6km from tower;Out of relevance radius of 120m Initial comment of support 11/26/21.No final comments.Thread closed 12/26/21. Respondent is in support of the tower with questions regarding timing and coverage.He had no public concerns. 2. David Anderson 2446 Old Barrie Road East Oro-Medonte,242m from tower;Out of relevance radius. Town Hall participant only,raised only questions regarding process,lighting and interference with other devices.He had no public concerns. 3. Iain Anderson 2472 Old Barrie Road East Oro-Medonte 179m from tower;Out of relevance radius. Town Hall participant only.No public comments or concerns raised. • The Municipality received no comments or concerns. Please see Town Hall and Public Consultation Summary Reports attached. Municipal Consultation: Our consultation with the municipality included the following: • Pre-consultation to discuss protocol and land use particulars • Follow-up consultation by phone and email • Submission of a formal Municipal Introduction Package for review • Discussion about the proposed property and installation • Submission of a draft Public Consultation Package and Site Plan for review • Aoquest fe4z assist.,.,..@ y.it},p peaces i the-Pub-lie Noti fiya4 o-n R-Rd-mus Submission of the draft Public Notice Ad for review,and request for the To-am's choice of newspaper • Submission of the final Public Consultation Package • Hosting a video Public Information Session • Request to identify any other municipal requirements • Request for Municipal Concurrence o All of our activity fell w#hin the CPC objective of concluding consultation within 120 days. December 30,2021 Request for Statement of Concurrence 0 XPI-ORNE=T Development Services February 2, 2022 Report No. DS2022-010 Page 27 of 29 Page 247 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Xplornet Site ON7967— "Orillia" Other Municipal Considerations. As we are regulated under federal policy,provincial legislation such as the Ontario Building Code Act and the Planning Act including zoning by-laws and site plan control do not apply to these facilities.Our installation is not required to submit application for a building permit.We also asked you to outline formally any other local requirements,and there were none. Concluding Land Use Authority Consultation. Under CPC Section 4.3,we have satisfactorily met the consultation requirements. Xplornet feels that the proposed site is well situated to provide and improve wireless voice and data services in the targeted area. The proposed site has been situated and designed to have minimal impact on surrounding land uses. At this time, we respectfully request that you provide a Statement of Concurrence. We have attached a draft Statement of Concurrence:Designated Ojfzcial that you may modify to your satisfaction and use. A copy of this Statement of Concurrence will be sent to ISED Canada,as they require this to confirm our compliance with the governing protocol prior to moving forward with the installation of the proposed wireless communication facility. We reiterate that the design and approval of telecom sites falls strictly within the jurisdiction of ISED Canada,and that Council's role is simply to confirm that the Proponent has fulfilled its duties of municipal and public consultation and left no public issues unaddressed. On behalf of Xplornet,we look forward to providing better wireless communication service to this area.We thank you for your attention to this request and should you have any questions or need further information,please do not hesitate to contact our office. Yours Truly, Je Mc ay CFP CIM F FCSI MBA Contractor: Telecom Site Acquisition 9 Cell: (519)566-9267 Varcon m eMail: ieff.mckayla7varcon.ca Jimirs Cc: ISED(Tpronto) Enclosures: Site Sketch Public Information Package Public Town Hall Summary Report Public Continent Detail Report Statement of Concurrence(Draft): Council+Designated Official December 30,2021 Request for Statement of Conc=ence <PLORNEET _ Development Services February 2, 2022 Report No. DS2022-010 Page 28 of 29 Page 248 of 274 7.c) DS2022-010, Derek Witlib, Manager, Planning Services re. Telecommun... Schedule 13: Applicant's Draft Statement of Concurrence (motion) - 906 Line 14 North Xplornet Communications Inc. 300 Lockhart Mill Road Woodstock, New Brunswick E7M 6135 Jeff McKay, Municipal Relations 519-566-9267 1 jeff.mckay@varcon.ca Re: Proposed Telecommunications Tower;Xplornet Site ON7967-Orillia Dear Mr. McKay, Further to receipt of Xplornet Communications Inc.'s request for a Statement of Concurrence from the Township respecting the above telecommunications tower proposed to be constructed on the land known as 906 Line 14 N,Orillia, L3V6H1; PIN: 585380029,the Council of The Township of Oro-Medonte passed the following resolution at their*``:-<; meeting: Moved by_ Seconded by_ That, The Township of Oro-Medonte concurs that the proposal by Xplornet Communications Inc. to erect a wireless communication tower on lands known as 906 Line 14 N, Orillia, L3V6H1 and owned by Pezuk, Walter Daniel, is fully compliant in the Township's opinion, with the requirements of ISED Canada's default protocol CPC-2-0-031ssue 5(July 2014) "Radiocommunication and Broadcasting Antenna Systems'; and all obligations for the municipal and public consultation requirements have been satisfactorily met. Carried Accordingly, this motion serves as The Township of Oro-Medonte's formal Statement of Concurrence concerning the proposed wireless communication installation located at 906 Line 14 N, Orillia, L3V6H1; PIN: 585380029. Yours truly, Development Services February 2, 2022 Report No. DS2022-010 Page 29 of 29 Page 249 of 274 7.d) DS2022-014, Danielle Waters, Planner re: Request for Temporary 2 ndZU ... township cif Report ,O Fraud Heritage, Exciting Future Report No. To: Development Services Prepared By: DS2022-014 Committee Danielle Waters, Planner Meeting Date: Subject: Request for Temporary Motion # February 2, 2022 2nd Dwelling at 776 Line 2 South by Sherry McCaskie Roll #: R.M.S. File #: 010-007-02900 D00 Recommendation(s): Requires Action For Information Only It is recommended- 1 . That Report No. DS2022-014 be received and adopted. 2. That Committee authorizes the request of Sherry McCaskie, to allow current tenants to temporarily reside in their existing dwelling that currently occupies the property at 776 Line 2 South which is to be demolished within twelve (12) months from the time of issuance of the building permit for the new dwelling. 3. That the appropriate by-law authorizing the temporary agreement be brought forward for Council's consideration. 4. That the applicant be advised of Committee's decision under the Director, Development Services signature. Background: The subject property is 41 .8 hectares (103.3 ac.), and is located on the west side of Line 2 South (See Attachments #1 and #2). According to the Municipal Property Assessment Corporation (MPAC) records, there is an existing 162.0 square metre (1,744.0 square foot) dwelling located on the property, which was constructed in approximately 1910. The applicant is proposing the construction of a new single detached dwelling but cannot be issued a building permit until the existing dwelling is demolished. The applicant is requesting permission from the Township to leave the existing dwelling for a period of two (2) years, while construction of the new dwelling is being completed. The 2 year request varies from the Township's typical 1 year time frame, with the Development Services Committee February 2, 2022 Report No. DS2022-014 Page 1 of 5 Page 250 of 274 applican7 rQ§fir iQlr4laWr�OiLqnWc--;Ltfffy,�I'iWorma�@; EYW f% Temporary 2 nd... uncertainty of the applicant being able to have permits in place and contractors hired for the completion of the dwelling within the 1 year time frame. The applicant is also concerned that their tenants will be unable to secure housing in time. Analysis: The Township has historically allowed owners to temporarily reside in their existing dwelling or a trailer during construction of the new dwelling and allow for a building permit to be issued for the new dwelling. This practice has been followed contrary to the Township's Zoning By-law, which only allows one dwelling per property; however, is a reasonable compromise to assist owners in these temporary cases. This application is different than others, as the applicant/owner does not reside in the residence, however, it is tenanted. The purpose of the second home agreement is to remove hardship from an owner having to rent another dwelling whilst their new home is being built. This is not the case in this application. The owners are requesting to have a second home agreement to allow for their tenants to stay in place while the second dwelling is being constructed. While the hardship does not fall on the owner, for which is the purpose of an agreement, the hardship does fall on the tenant. Planning Staff are supportive of a 1 year agreement to allow the tenants an opportunity to secure new housing. Should the tenants find housing prior to the 12-month term, the owner shall remove the existing dwelling within 1-month of vacancy. A financial deposit and agreement (see Attachment #3) stipulating the terms of this approval and will be required to be executed with the owner, which ensures compliance after the 12-month expiry. Council has established a precedent of granting one-year temporary permissions on other properties in the Township. As the applicant is required to post securities for $ 20,000.00 to ensure the removal of the original dwelling, it is anticipated that the applicant will expedite the demolition process in order to have their securities returned expeditiously. Financial / Legal Implications / Risk Management: A Temporary Second Home Agreement and a $20,000 security deposit are required prior to issuance of Zoning Certificate and a building permit for the new dwelling to ensure removal of the existing dwelling once the new dwelling is constructed. The applicant must post securities for $ 20,000.00 to ensure the removal of the original dwelling. Policies/Legislation: Planning Act The Building Code Act Development Services Committee February 2, 2022 Report No. DS2022-014 Page 2 of 5 Page 251 of 274 Cor or t I , Danielle Maters, Planner re: Request for emporar 2 nd... 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 Modernize Township Services • Improve delivery services Consultations: Landowner Attachments: Attachment # 1 - Location Map Attachment # 2 —Aerial Photo Attachment # 3 - Agreement Conclusion: Approval of the attached agreement to permit the landowner to leave the existing dwelling for a 12-month period while the new dwelling is being constructed is considered appropriate and should be authorized. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Derek Witlib, Manager of Development Services January 26, 2022 Andria Leigh, Deputy CAO/Director of Development Services January 26, 2022 Development Services Committee February 2, 2022 Report No. DS2022-014 Page 3 of 5 Page 252 of 274 Attachn?6M AS20WaI(Mr MQpnielle Waters, Planner re: Request for Temporary 2 nd... w R IL 1' 0 � R R1 l Os R1 Ri R1 R1 AIRU RI A1RU 75 RI R1 RI R 1 Uw Oc �r5 R1 Hr. R1 nt-BA L[- RURI 82 Lc. r RI AIRU"I54 \„ Attachment #2 —Aerial Photos A/RU 3- 1. ; J � R AJRU R• n, Development Services Committee February 2, 2022 Report No. DS2022-014 Page 4 of 5 Page 253 of 274 7.d) DS2O22-014, Danielle Waters, Planner re: Request for Temporary 2 nd... Attachment #3 -Agreement Schedule "A"to By-law No. 2022-012 AGREEMENT In consideration of receiving a building permit from the Township of Oro-Medonte, I, Sherry McCaskie, of the Township of Oro-Medonte (formerly Township of Oro) in the County of Simcoe, covenant and agree as follows: 1. That I am the registered owner of Oro Range 2 Part Lot 4 RP; 51 R40417 Part 2 (Oro), being more particularly described as 776 Line 2 South. 2. That I have applied to the Council of the Corporation of the Township of Oro-Medonte for permission to allow current tenants to temporarily reside in our existing (old) dwelling on the above-mentioned lands, at the same time as a new dwelling is under construction on those same lands, wherein such procedure is not provided for under the provisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That I hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted for a term of 12 months from the date of the issuance of a building permit; and b) That by no later than one month following expiry of the 12 month term, the existing (old)dwelling is to be demolished to the satisfaction of the Township's Chief Building Official. 4. That certified funds in the amount of$20,000.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the certified funds at its sole discretion. 5. That we hereby agree to the terms and conditions set out above. 6. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. 7. We hereby covenant and agree to indemnify and save harmless the Township of Oro-Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. Dated this 2nd day of February 2022 Sherry McCaskie Mayor, H. S. Hughes Deputy Clerk, J. Teeter Development Services Committee February 2, 2022 Report No. DS2022-014 Page 5 of 5 Page 254 of 274 7.e) DS2022-015, Danielle Waters, Planner re: Request for Temporary 2 ndZU ... township cif Report ,O Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-015 Development Services Committee Danielle Waters, Planner Meeting Date: Subject: Motion # February 2, Request for Temporary 2nd Dwelling 2022 Extension Roll #: 228 Drury Mill Rd. — Dwinnell R.M.S. File #: 010-002-01200 D00 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-015 be received and adopted. 2. That the temporary second home agreement dated March 6, 2019 between the Township of Oro-Medonte and John and Carol Dwinnell be replaced with a new agreement to authorize the temporary residential use of the existing dwelling that currently occupies the property at 228 Drury Mill Road, for a term of six (6) months. 3. That By-law 2019-023 be repealed and replaced by a new by-law authorizing the execution of a temporary second home agreement between the Township of Oro-Medonte and John and Carol Dwinnell. 4. And that the applicant be advised of Committee's decision under the Director, Development Services signature. Background: The subject property has a lot size of 20.0 hectares (50.0 ac.), and is located on the north side of Drury Mill Road, east of Line 2 North (See Attachments #1 and #2). According to the Municipal Property Assessment Corporation (MPAC) records, there is an existing 152.6 square metre (1643.0 square foot) dwelling located on the property, which was constructed in approximately 1895. The applicants applied for a second home agreement with the Township which was considered at the March 23, 2018 Council meeting. During that meeting permission was provided to allow the applicants to extend the original twelve (12) month term to 36- months to allow for the owners' mother to move into the original home after the new dwelling was completed on a temporary basis. The applicants received a building permit Development Service Department February 2, 2022 Report No. DS2022-015 Page 1 of 5 Page 255 of 274 for the nZ* A$WQ2aT9JAaPyene �1� arc chi{ 1 orr���RW@4tWrgT@Sgporary 2 nd... granted October 21, 2020. The 36-month term to maintain the existing dwelling as approved by Council is scheduled to expire on January 28, 2022. The applicants applied for and were issued a demolition permit to remove the existing dwelling on January 28, 2019. It should be noted that this demolition permit is still outstanding; given the current permission in the agreement. Analysis: The Township has a historical practice that allows for owners to temporarily reside in their existing dwelling or a trailer during construction of their new dwelling and provide for a building permit to be issued for the new dwelling. This practice was intended to limit this hardship on a property owner to find alternate accommodations and demolish their existing dwelling prior to commencing construction of their new dwelling. This practice has been followed contrary to the Township's Zoning By-law, which only permits one dwelling per property; however was established as a reasonable compromise to assist owners and limit the undue hardship. This established practice and the associated temporary permissions has traditionally been granted for a one-year timeframe on other properties in the Township. Currently, the applicants are in contravention of the Zoning By-law and the signed agreement, as once occupancy was granted (October 21 , 2020), the existing dwelling was to be demolished. The owner has requested an extension for another 36-month term to allow their children to continue to live in the original dwelling. As noted above, the purpose of the second home agreement is to remove hardship for an owner in having to rent another dwelling whilst their new home is being built, however, this is no longer the case in this situation. The temporary 2nd home agreement is not a mechanism to provide for a second dwelling on a property where such use is not permitted by the Zoning By-law. The property is required to come into compliance with the Township's Zoning By-law through the demolition of the original dwelling in accordance with the demolition permit issued in 2019. Recognizing the dwelling is currently occupied by the owner's children, Planning Staff are supportive of a six (6) month agreement to allow the family members an opportunity to secure new housing. Should they find housing prior to the conclusion of this six (6) month term, the owner will be required to remove the existing dwelling within one (1) month of vacancy. No additional extensions will be considered. While it is recognized that the applicant could investigate and consider the submission of an application for either a temporary use by-law or zoning by-law amendment; Planning staff would not be in a position to support this type of application as this would establish a precedent for the future for permission for two dwellings on a property that is not established through policy. A financial deposit and agreement (see Attachment #3) stipulating the terms of this approval will be required to be executed with the owner, to ensure compliance after the six (6) month expiry and the demolition of the original dwelling. The applicant has previously posted securities for $20,000.00 to ensure the removal of the original dwelling, it is anticipated that the applicant will expedite the demolition process in order to have their securities returned expeditiously. Development Service Department February 2, 2022 Report No. DS2022-015 Page 2 of 5 Page 256 of 274 Te) DS2022-015, Danielle Waters, Planner re: Request for Temporary 2 nd... Financial / Legal Implications / Risk Management: The applicant has previously posted securities for $20,000.00 to ensure the removal of the original dwelling. Policies/Legislation: Planning Act The Building Code Act 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 Modernize Township Services • Improve delivery services Consultations: Landowner Attachments: Attachment #1- Location Map Attachment #2 - Aerial Attachment #3 - Agreement Conclusion: Approval of the attached agreement to permit the original dwelling to be maintained for a maximum of an additional six (6) month period while they seek new housing is considered reasonable and should be considered favorably by Council.. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Derek Witlib, Manager of Development Services January 28, 2022 Andria Leigh, Deputy CAO/Director Development Services, January 28, 2022 Development Service Department February 2, 2022 Report No. DS2022-015 Page 3 of 5 Page 257 of 274 7.e) DS2022-015, Danielle Waters, Planner re: Request for Temporary 2 nd... Attachment #1 — Location Map 228 Drury Mill Road (Dwinnell) Attachment #2 — Aerial R ? Development Service Department February 2, 2022 Report No. DS2022-015 Page 4 of 5 Page 258 of 274 7.e) DS2022-015, Danielle Waters, Planner re: Request for Temporary 2 nd... Attachment #3 — Agreement In consideration of receiving a building permit from the Township of Oro-Medonte, We, John Stephen Wayne Dwinnell and Carol Elizabeth Dwinnell, of the Township of Oro-Medonte in the County of Simcoe, covenant and agree as follows: 1. That we are the registered owners of Concession 3, North Part of Lot 14 (Oro), being more particularly described as 228 Drury Mill Road. 2. That we have applied to the Council of the Corporation of the Township of Oro-Medonte for permission to temporarily reside in our existing dwelling on the above-mentioned lands, at the same time as a new dwelling that has been completed on those same lands, wherein such procedure is not provided for under the provisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That we hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted for a term of six (6) months from the date of By-law 2022-013; and b) That should our children/mother find alternative housing prior to the end of the 6 month term, the dwelling shall be demolished within one month of vacancy in accordance with Building Permit 491/18. 4. That certified funds in the amount of$20,000.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the certified funds at its sole discretion. 5. That we hereby agree to the terms and conditions set out above. 6. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. 7. We hereby covenant and agree to indemnify and save harmless the Township of Oro- Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. February 2, 2022 Carol Elizabeth Dwinnell Mayor, H. S. Hughes John Stephen Wayne Dwinnell Deputy Clerk, J. Teeter Development Service Department February 2, 2022 Report No. DS2022-015 Page 5 of 5 Page 259 of 274 7.f) DS2022-012, Derek Witlib, Manager, Planning Services re: Request fo... 10'wYaship �f %d Report "l.' t_ ontel Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-012 Development Services Derek Witlib, Manager, Committee Planning Services Meeting Date: Subject: Motion # February 2, 2022 Request for Extension of Draft Plan Approval Roll #: Draft Plan of Subdivision R.M.S. File #: 4346-010-009-04800 Application 2012-SUB-03 D12 43842 Project Services Inc. (Baxter's Place) Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-012 be received and adopted. 2. That Development Services Committee approve the extension to Draft Plan Approval for Application 2012-SUB-03 (Oro Station) for a period of one (1) year. 3. That the Conditions of Draft Plan Approval be updated with an amended condition with respect to design details for the water storage provisions within the development that shall include fire flow, equalization and emergency storage integrated into the Canterbury municipal water system; 4. That the appropriate notice of Changes in Conditions of Draft Plan Approval be provided in accordance with the Planning Act, R.S.O. 1990, c.P. 13. 5. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: On September 7, 2016, Council gave Draft Plan Approval for a period of three (3) years for the Oro Station subdivision consisting of 18 single detached residential lots (see Schedules 1 and 2 for Location Map and Approved Draft Plan). The Draft Plan Approval included 48 conditions that were to be completed to the satisfaction of the Township and other agencies (Lake Simcoe Region Conservation Authority; Ministry of Tourism, Culture, and Sport; Simcoe Muskoka Catholic District School Board; Simcoe County District School Board; Ministry of Environment, Conservation and Parks; Ministry of Natural Resources and Forestry; Canada Post; Hydro One; Bell Canada; and gas utilities) before plan registration. Development Services February 2, 2022 Report No. DS2022-012 Page 1 of 15 Page 260 of 274 The draft pla(n� suT�22f�ion is�locatedbn��fi ,easnsi�erdfL�ne IS�u eanl nor�h bf `egUeSt f0... Ridge Road (County Road 20) comprising 5.35 hectares (13.21 acres) of land. Each of the 18 lots will front on a new public road and the entrance to the subdivision will be from Line 7 South. The property is zoned Residential One Hold (R1(H)), Open Space Exception 271 (OS*271 ) and Open Space (OS) Zones in accordance with By-law 2016-133, that was approved on September 7, 2016. The approved plan provides for lots having frontages ranging from approximately 30 metres to 41 metres and lot areas ranging from 0.20 hectares to 0.32 hectares. In addition to the 18 building lots, the draft plan also includes a stormwater management pond (Block 19), two 0.3 metre reserves (Blocks 20-21), a 6.0 metre drainage access (Block 23) and a walkway/emergency access to Ridge Road from the subject development (Block 22); these lots and blocks are identifiable on Schedule 2. Each of the proposed lots will be serviced by a private septic system and municipal water. The subject lands are currently in agricultural use and surrounding land uses consist of agricultural uses to the north and east; and predominantly single detached residential uses to the south and west. The chronology of Draft Plan Approval and subsequent extensions is summarized below: • September 7, 2016 -Township granted Draft Plan Approval granted for 3 years • July 18, 2019 -Applicant requested 3 year Draft Plan Extension -Township granted Draft Plan Extension granted for 18 months • February 3, 2021 -Applicant requested 3 year Draft Plan Extension -Township granted Draft Plan Extension for 1 year (expires March 7, 2022) The developer has now requested another extension, for a three (3) year period. A letter from the applicant's planning consultant, Innovative Planning Solutions Inc., dated November 24, 2021 outlining the extension request is attached as Schedule 3 to this report. The purpose of this report is to analyze the applicant's request for draft plan extension and make recommendations to the Committee. Analysis: Since Council's granting of a 1 year extension in 2021 , the owner has continued to make material progress towards advancing the development from the standpoint of working toward the fulfillment of detailed engineering design requirements. As described in the applicant's planning consultants letter in Schedule 3, part of that process has included a Staff-recommended improvement to the water supply system, Development Services February 2, 2022 Report No. DS2022-012 Page 2 of 15 Page 261 of 274 which wourf)in)cTu��wh�neQdevelopmle�nY'anna�nove-gam Pnad�wate� orageentegraRequest fo... into the Canterbury municipal water system for the provision of fire flow, equalization and emergency storage. This design would eliminate the previous arrangement for an off-line underground storage tank which would have strictly served as a water supply for firefighting. The Planning Act, in Section 51 (32) provides the ability for an approval authority to provide approval that lapses at the expiration of the time period specified by the approval authority, initially being not less than three years. Section 51(44), of the Planning Act provides the ability for the approval authority to withdraw the approval of a draft plan of subdivision. The Planning Act contains a provision wherein the approval authority can impose a lapsing of Draft Plan Approval. This lapsing provision is useful in some instances where registration will not occur due to various circumstances. Without this kind of "sunset clause", draft plans can remain open in perpetuity and form unrealistic growth forecast on lands which may never be realized. Section 51(33) provides the ability for the approval authority to extend the lapsing date of draft approval of a plan of subdivision/condominium. A notice to these changes is required to be given following any decision to change conditions and is subject to the appeal process by the following parties: • The applicant. • Any public body that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority. • The following persons, listed in Section 51(48.3), who before the approval authority gave approval to the draft plan of subdivision, made oral submissions at a public meeting or written submissions to the approval authority or made a written request to be notified of changes to the conditions: • A corporation operating an electric utility in the local municipality or planning area; • Ontario Power Generation Inc.; • Hydro One Inc.; • A company operating a natural gas utility in the local municipality or planning area; • A company operating an oil or natural gas pipeline in the local municipality or planning area; • A person required to prepare a risk and safety management plan in respect of an operation under Ontario Regulation 211/01 (Propane Storage and Handling) if the plan of subdivision is within a prescribed hazard distance; • A company operating a railway line any part of which is located within 300 metres; • A company operating as a telecommunication infrastructure provider in the area to which the plan of subdivision would apply. • The Minister of Municipal Affairs and Housing. • The municipality in which the subject land is located. Development Services February 2, 2022 Report No. DS2022-012 Page 3 of 15 Page 262 of 274 In considerf gC Ss 0 qu Ot o,Dire�c i li�I M�ppr eal,P a# hav Sonsu�#e Request fo... E1.9 of the Township's Official Plan which contains policy relating to existing draft plan approved residential subdivisions and states, "...it is the intent of Council to withdraw draft approval after an appropriate period of time has elapsed if a subdivision is not proceeding to the development stage in an expeditious manner." It is also necessary when considering an extension request to consult with relevant Township Departments and external agencies. Therefore, Planning Staff have circulated the applicant's Draft Plan Extension request to relevant departments and agencies, and their comments are included later in this report. The proposed draft plan extension relates to a plan of subdivision within the Rural Settlement Area (Oro Station) in the Township's Official Plan and Planning Staff are of the opinion that the development in this location remains appropriate. Since 2019, the developer has demonstrated material progress towards the fulfillment of conditions that were initially imposed on September 16, 2016. However, in order for the Township to ensure the fulfillment of all conditions is completed in an expeditious manner, Staff are recommending only a one (1) year extension for the Draft Plan Approval, rather than the developer's requested 3-year extension. Considering the progress that the developer has made, Planning Staff is of the opinion that a 1-year extension is adequate and appropriate. A 1-year extension would not preclude Council from considering a future draft plan extension request; in which the owner would be able to elaborate in more detail on the conditions fulfilled to date and those outstanding and the specific timing required to complete those outstanding conditions. Staff's recommendation that Council support a one (1) year draft plan extension would meet the intent of the above noted policy and would allow the developer to move the subdivision project forward in a timely manner. 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 its decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Development Services February 2, 2022 Report No. DS2022-012 Page 4 of 15 Page 263 of 274 7.f) DS2022-012, Derek Witlib, Manager, Planning Services re. Request fo... 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 extension request was circulated to the applicable clearance agencies and Township departments and the following comments have been received: • Environmental Services Department: Environmental Services' preference and recommendation remains that water storage provisions for this development include fire flow, equalization and emergency storage based on MECP Design Guidelines for Drinking Water Systems, 2008 and that the underground storage formerly discussed several years ago strictly for fire demands is no longer desired or appropriate from an operations and community service need. ES continues to work with Development Engineering in addressing the applicant's desire for the provision of municipal drinking water and if Draft Plan approval is extended staff will continue to work towards a plan to deliver the service with the applicant. • Development Engineering Division: It is appropriate for the water system to be constructed as per the conditions Environmental Services has outlined. Other elements of the design are moving forward and an extension until design completion and registration would be appropriate. • Operations Division: No comments. • Fire Department: Environmental Services has captured water requirements. No further comments. • Lake Simcoe region Conservation Authority: Have reviewed the current in place conditions of approval and confirm that those related to LSRCA remain applicable and representative of current policy. Accordingly, we have no objection to approval of the request for extension of approval. • Canada Post: Provided correspondence dated January 17, 2022 identifying standard requirements captured through exiting draft plan conditions or through future subdivision agreement. Attachments: Schedule 1 : Location Map Schedule 2: Draft Plan Schedule 3: Request for Extension of Draft Plan Approval Development Services February 2, 2022 Report No. DS2022-012 Page 5 of 15 Page 264 of 274 7.f) DS2022-012, Derek Witlib, Manager, Planning Services re: Request fo... Conclusion: Planning Staff recommend that a one (1) year extension (to March 7, 2023) to the Draft Plan Approval from the current lapsing date of March 7, 2022 be granted to allow the developer to proceed with the registration of the subdivision. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services Approvals: Date: Andria Leigh, Deputy CAO & Director Development Services January 27, 2022 Development Services February 2, 2022 Report No. DS2022-012 Page 6 of 15 Page 265 of 274 7.f) DS2022-012, Derek Witlib, Manager, Planning Services re- Request fo... TYas�y,•Rd.T _M oanstun Rd. _ �T 270 NarsesAae•.1 y , S !i Old•a rrieRd. C. V �Rid9g po d• 114 108 102 591 96 84 84 66 85 2 4 < 50 75 6 63 1 40 8 32 9 641 600 So 24 11 10 to,� 18 31 N� 13 632 649 53 12 15 15 14 630 7 703 17 16 19 Schedule 1 Location Township o ® Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2012-SUB-03 Development Services February 2, 2022 Report No. DS2022-012 Page 7 of 15 Page 266 of 274 7J) DS2022-012, Derek Witlib, Manager, Planning Services re- Request foCD ... 302 CO z O V Y� CO �I 009 9Z 09 m "s in .o v19 I 4 1 -r. z Y a- - 909 z Y oONo AEI Cn po CO G \ 8 609199 N Q - g �1 0 e'o N a + o � LO _ CV) 0 11 z Yb�L S A +. V 01 V �1 N � � m Y + ��.yM1� r � W T fl + I I Y Y ----- NIA H1N9A S $_ - - — — — — — — -ti 0N o f J I + 1 gg f CO CO o I m I I 1 1 1 ( Z 11 — — — — — II Uj / W Iaz I d 1 m a a F 1 4 = I g0'OZ m r I(L 1 c x, Schedule 2 Draft Plan Ti�aa,nslrrP er��,Pi File Number 2012-SUB-03 Proud Heritage,Exciting t'nture Development Services February 2, 2022 Report No. DS2022-012 Page 8 of 15 Page 267 of 274 7.f) DS2022-012, Derek Witlib, Manager, Planning Services re. Request fo... Schedule 3: Request for Extension of Draft Plan Approval Development Services February 2, 2022 Report No. DS2022-012 Page 9 of 15 Page 268 of 274 S2022-012, Derek Witlib, Manager, Planning Services re: Request fo... 99 INNOVATIVE PLANNING SOLUTIONS planners * project managers • land development November 24, 2021 Township of Oro-Medonte 148 Line 7 South LOL 2EO Attention: Derek Witlib, MCIP, RPP—Manager, Development Services Re: Township File No. 2012-SUB-03(Project Services Inc) Draft Plan Approval Extension Part of Lot 24, Concession 8 Township of Oro-Medonte, County of Simcoe On behalf of Project Services Inc., please accept this correspondence as our formal request for an extended timeframe to satisfy the Draft Plan of Subdivision conditions for the Oro Station Subdivision (Township File No. 2012-SUB-03). Previous extension requests have been submitted to the Township, dated May 16, 2019 for a three (3) year extension, however the Township approved an eighteen (18) month extension on .July 18, 2019, with a revised lapsing date of March 7, 2021; a second extension request was submitted November 27, 2020 requesting an additional three (3) year extension, however the Township approved a twelve (12) month extension on February 3, 2021 with a revised lapsing date of March 7, 2022. Accompanying this request for a three (3) year extension is one (1) cheque in the amount of $1,000.00 as per the Township of Oro-Medonte Draft Plan extension application fee. Draft plan approval for this Subdivision was obtained on September 7, 2016 and was subsequently extended in July 2019 and February 2021 as noted above. Currently, Draft Plan Condition 50 stipulates that draft approval shall automatically and irrevocably lapse if final Plan approval is not given to this plan by March 7, 2022 which is a twelve (12) month extension to the previous lapsing date of March 7, 2021 and no extensions have been granted. This condition also provides the owner an opportunity to request an extension to the draft approval period by providing written correspondence to the Township requesting the extension at least ninety (90) days Development Services February 2, 2022 Report No. DS2022-012 Page 10 of 15 Page 269 of 274 7.f) DS2022-012, Derek Witlib, Manager, Planning Services re. Request fo... prior to the: lapsing. A resolution from Township Council must.also be obtained prior to the lapsing date. The lapsing date of Mach 7, 2022 is 103 days from the date of this correspondence, November 24, 2021. The previous extension, granted February 3, 2021, also included five (5) new draft plan conditions which require clearance (Conditions 11, 19 (h), 27, 26 & 40). Attached as Appendix 1 is a copy of the current draft plan conditions. The applicant has made and continues to make considerable efforts to satisfy conditions, particularly since the most recent draft plan extension, working with the Township and stakeholders including LSRCA to ultimately register the Plan of Subdivision. This includes a second detailed design submission in response to LSRCA and Township first submission comments received August 6, 2020 and September 23 2020 respectively and subsequent meellingsfcorrespondence with Township staff relating to concerns with the water storage system for the proposed development. The following brief chronology of events is important for the Township to consider as it clearly demonstrates the applicants efforts, including financial investment into registering the draft plan of subdivision. • August 6 & September 23,. 2020 — first submission comments received from LSRCA and Township of Oro-Medonte. • October 15, 2020. — applicants engineer (WIVII & Associates) requesting clarification from Township staff on water system related comments. • November 14, 202G—responses provided to WMI &Associates. • November 17, 2020 — WMI & Associates provides responses back to Township for consideration.. • November 27, 2020 — IRS submits Draft. Plan Extension Request for Council. consideration.WMI &Associates requests update on November 17 response. • December 10, 2020 — WMI & Associates requests update on November 17 response. • January 5, 2021 — WMI & Associates requests update on November 17 response. Development Services February 2, 2022 Report No. DS2022-012 Page 11 of 15 Page 270 of 274 7.f) DS2022-012, Derek Witlib, Manager, Planning Services re: Request fo... • January 14, 2021 — WMI & Associates requests update on November 17 response. • February 3, 2021 — WMI & Associates requests update on November 17 response. • February 5, 2021 — response from Township provided to WMI & Associates. WMI proceeds with compiling second submission materials, including street lighting and landscape materials. • February 16, 2021 —IPS correspondence to Township regarding processing of new conditions relating to design details for Block 22 and Tree Inventory. • Mach 22, 2021 — IPS makes formal street naming request for the draft plan of subdivision. • June 2, 2021 —Council approves "Banter Place" as the formal street name • July 16, 2021 — WMI & Associates provides second submission materials to Township and LSRCA, including landscape plans and walkway details for Council review and approval. • October 10, 2021 — Second submission responses provided by LSRCA with outstanding issues to be further addressed. • October 18, 2021 — Second submission responses provided by Township, issues remain regarding proposed water system. While the above chronology provides a summary timeline of recent events, it does not provide a detailed description of the nature of the issues stemming from the detailed design process, specifically the proposed water servicing proposal. The intention of the chronology above is intended to demonstrate the efforts made not only by the applicant and their consulting team, but resources provided by Township and LSRCA Staff to advance this development to registration. It is important for Council to generally understand some of the details relating to the water servicing proposal and the Township staff request to upgrade the existing water system to supply and distribute fire flows, and install an above ground water tower. This is a deviation from the originally agreed to solution which was to provide Development Services February 2, 2022 Report No. DS2022-012 Page 12 of 15 Page 271 of 274 7.f) DS2022-012, Derek Witlib, Manager, Planning Services re. Request fo... an off-fine underground fire water supply tank t draft pipe system and upgrades to the existing water system to accommodate the additional potable water demand from the additional 18 lots. This solution was decided with Township Staff and Fire Chief at the outset of the development (le draft plan approval) as it is a simple &cosh effective solution that will provide the desired water supply for fire-fighting to the community of Oro Station. Based on cost estimates prepared to date, all of which have been provided tc the Township for consideration, it is anticipated that the previously agreed to underground water tank solution would cost. approximately $250,000 to supply and install. The location of the underground water tank would be within Block 19 whi+ch contains the proposed SM facilities and would be dedicated to the Township upon registration. The preftinary design of this solution has been provided to the Township in the previous engineering submissions. The Township's suggested alternative solution for an above ground water tower and upgrading the Canterbury water system to supply fire flows is estimated to cost approximately $850,000 to supply and install. It. is noted that this estimate does not include costs to design the system which is considerably more complex than an underground water solution, nor does it consider the costs for land acquisition to locate the water tower& associated: mechanical systems given that this infrastructure would not fit within Block 19 or within the limns of the approved Draft Plan of Subdivision. Further, Township staff have indicated that a portion of the costs for this solution would be cost recoverable up to 50%; obligating the Township and its taxpayers a financial contribution for a solution which ultimately provides a similar level of service as the previously agreed to underground solution. Staff have indicated that additional agreements, subject.to Council approval will be required in this regard. Moving forward and in: light of the current lapsing date of March. 7, 2922, it is anticipated that an additional tlrneframe will be required to reach an agreement on the preferred water solution. Should this ultimately result in an above ground water solution, additional design, review and approval will also be necessary, along with the Development Services February 2, 2022 Report No. DS2022-012 Page 13 of 15 Page 272 of 274 7.f) DS2022-012, Derek Witlib, Manager, Planning Services re. Request fo... preparation of additional agreement(s) as suggested by Township Staff to enable a cost sharing mechanism. It is also noted that Council approved new conditions in the February 2021 extension requiring {Council review and approval of a Tree inventory/Tree Preservation Plan and a plan or plans(s) showing the design details of Block 22. The July 16, 2021 Second submission package includes this information. Requests were made September 23, 2021 and October 26, 2021 to the Township on timing for the materials to be brought forward for Council consideration. To date it is our understanding these materials have not been provided to Council for consideration. In addition to the above, the applicant has advanced and addressed many additional outstanding detailed design related matters. The majority of outstanding conditions hinge on the approval of the detailed design materials, which aside from the above noted water issue are nearly complete. Additional outstanding conditions relate to the required clauses within a subdivision agreement and accordingly, the applicant intends to make a formal request to the Township to prepare the draft subdivision agreement before the end of 2021, along with submission of the recently completed draft M Plan. This request typically is made once the bulk of detailed design matters have been satisfied. Based on our review of applicable planning policy, it is our opinion the development and proposed extension remains in conformity and consistent with Provincial, County and Municipal policies. Section E1.10 provides guidance to Council when considering Draft Plan Extensions, including a reference to the intent of Council to withdraw draft approval after an appropriate period of time has elapsed if a subdivision is not proceeding to the development stage in an expeditious manner. Respectfully, it is our opinion the applicant has, and continues to make every effort to proceed to the development stage (ie registration) as quickly as possible. Development Services February 2, 2022 Report No. DS2022-012 Page 14 of 15 Page 273 of 274 7.f) DS2022-012, Derek Witlib, Manager, Planning Services re. Request fo... The development is located within an established Settlement Area — Oro Station where growth and development are directed and permitted and remains in conformity with the Township's Official Plan. No material changes to applicable planning policy have occurred which would indicate the development is no Longer appropriate for the subjiect lands. Members of the public can be assured the development is intended to proceed as approved while ensuring matters of public health and safety are adequately met. Concerns around timing for the development to proceed are appreciated and understood — the applicant shares those concerns and intends to obtain final approval and have development proceed as quickly as possible, evidenced by the significant efforts and resources expended:to date. It is understood staff continue to process the materials submitted and discussions are ongoing relating to technical elements of the submissions. The development remains a priority for the applicant, as evidenced by the above and extensive correspondence between the applicant's consultant team and staff. Given the uncertainty with respect to the timing of approvals associated with the draft plan, along with the current global pandemic related to CQVIQ-19, we respectfully request an extension of three (3) years. This will provide an appropriate timefrarne to satisfy the remaining draft plan conditions and ultimately register the plan of subdivision. Further this timeframe would also minimize the need for future extensions, assisting in ensuring Staff and Council resources are spent elsewhere. Should you have any questions or comments please do not hesitate to contact the undersigned at your earliest convenience. Respectfully submitted, Innovative Planning Solutions Greg Barker, B.A.A. Partner Development Services February 2, 2022 Report No. DS2022-012 Page 15 of 15 Page 274 of 274