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03 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, March 2, 2022 5:30 p.m. Effective Monday, January 31, 2022, all Township facilities are 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 355 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, February 2, 2022. 5. Public Meetings: 15 - 57 a) 5:30 p.m. Notice of Receipt of Complete Applications; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendments to the Official Plan and Zoning By-law of the Township of Oro-Medonte, Concession 1 East Part Lot 9 (Orillia), municipally known as 554 Line 15 North, 2021-OPA-01 & 2021-ZBA-14 (French Properties Limited). 58 - 74 b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte; Concession 8, Part East Part Lot 17, RP 51 R-15953 Part 1 (Oro) and municipally known as 560 Line 8 North, 2022-ZBA-01 (Lucas) [Refer to Item 7c); and Items 5a) and 5b) 03 02 2022 Council Agenda]. 6. Public Hearings: 75 - 103 a) 6:00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance Application 2022-A-02, Angela Fleming, Concession 6, South Part Lot 19 (Medonte). 104 - 149 b) 6:10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-04, Nigel and Carol Squirrell, 2814 Lakeshore Road East. 150 - 177 c) 6:20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance Application 2022-A-05, Halina Krzywucka, 111 Robinson Street. 178 - 215 d) 6:30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Consent Application 2022-B-03 and Minor Variance Application 2022-A-06 by Corinne and David Nesbitt Concession 4 Part Lot 1 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 2 (Oro). 216 - 246 e) 6:40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance Application 2022-A-07, Craig McKay and Wendy Smith, 99 Eight Mile Point Road. 247 - 277 f) 6:50 p.m. DS2022-022, Michael Barton, Township Planning Consultant re: Consent Application 2022-B-02, Gordon and Ruth Mitchell, 6171 Line 2 North. Page 2 of 355 278 - 311 g) 7:00 p.m. DS2022-023, Michael Barton, Township Planning Consultant re: Consent Application 2022-B-05, Nicole Reynolds, 4075 Line 8 North. 7. Reports of Municipal Officers: 312 - 336 a) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment 2021-ZBA-12 (Stan & Lorene Casiez), 2937 Ridge Road West Township of Oro-Medonte [Refer to Item 5d) 03 02 2022 Council Agenda]. 337 - 343 b) DS2022-025, Danielle Waters, Planner re: 2022-ZBA-01, Brenda Lucas, Temporary Use By-law, Garden Suite (Granny Flat), 560 Line 8 North [Refer to Items 5a) and 5b) 03 02 2022 Council Agenda]. 344 - 347 c) DS2022-029, Danielle Waters, Planner re: Request for Temporary Trailer at 69 Moon Point Drive by Ashley and Ryan McKnight [Refer to Item 5c) 03 02 2022 Council Agenda]. 348 - 355 d) DS2022-032, Andria Leigh, Deputy CAO/Director, Development Services re-City of Orillia MCR and Land Needs Assessment Update. 8. Next Meeting Date: Wednesday, April 6, 2022. 9. Adjournment: a) Motion to Adjourn. Page 3 of 355 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, February 2, 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 'it Staff Andria Leigh, Deputy CAO/Director, Development Services; Derek Witlib, Present: Manager, Planning Services; Catherine McCarroll, Intermediate Planner; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Mayor H.S. Hughes assumed the Chair at the above-noted time and called the meeting to order. 2. Agenda Ap roval: a) Motion to Approve the Agenda. Motion No. DSC220202-1 IF Moved by Scott, Seconded by Greenlaw It is recommended that the agenda for the Development Services Committee meeting of Wednesday February 2, 2022 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. Page 1 of 11 Page 4 of 355 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 2, 2022. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, January 5, 2022. Motion No. DSC220202-2 Moved by DeSousa, Seconded by Keane It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, January 5, 2022 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. 6. Public Hearings: a) 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]. 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 Julia Masalova. The following correspondence was received: Jorge Bartolo dated January 5, 2022; Township of Oro-Medonte, Building Division dated January 20, 2022; Lake Simcoe Region Conservation Authority dated January 21 , 2022; Township of Oro-Medonte, Manager, Development Engineering dated January 17, 2022; Township of Oro- Medonte, Operations Division dated January 18, 2022; Scott Henry dated January 27, 2022; Joanne Eddy dated January 25, 2022; Petition received January 31, 2022; Paul Sanderson dated January 16 and 31 , 2022; Susan Cowie dated February 1 , 2022 (2). 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 comments: Cindy Snow had the same concerns as provided previously, the application is not a minor variance but major adjustments, concerns regarding the hedge, drainage issues Page 2 of 11 Page 5 of 355 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 2, 2022. and the flooding of water, the building of a garage and if there a second level and confirmation if the addition are to be living quarters. John Treloar questioned the purpose of the two story addition to a single detached building and the relief sections. He questioned what is being presented is with respect to the first notice of December and questioned the notice of the second application as he wanted to ensure what was being voted on and there was no margin of error. He provided concerns regarding the posting of the sign, replacing cottages with family homes, people choose to not live in high density areas, the public hearing notice, opposition of voting on the proposal vs. potential future activities, STR concerns, zoning by-law should be adhered to, safety concerns, drainage, the high density is not in keeping with Places to Grow policy, it is a major variance not minor, impacts of mature vegetation, fencing concerns, do not want to live in a subdivision, enforcing the rules in place and setting precedent in years to come. Susan Cowie provided comments of the concern to appear to be supporting applicant in a large variation of the use of land, the size of project and the protection for adjacent land owners, not a minor variance but a major change of existing lands, consideration of the proposal dimension lot concerns vs. application, opposition of the application which will allow the destruction of hedge, privacy concerns, fears hedge will be reduced for the new garage and dwelling, emergency access concerns, concerns of approval to establish a STR operation with no supervision, owners will not be present, opportunity to create an atmosphere of noise, unruly activities, unknown persons and abusing privilege of being in a quiet lifestyle cottage area, area should be pride of Township and not an opportunity to spoil what has been in place for years. 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. DSC220202-3 Moved by Hough, Seconded by Scott It is recommended 1 . That DS2022-017, Danielle Waters, Planner re: Minor Variance Application 2021-A- 76, Julia Masalova, 2239 Lakeshore Road East 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 DS2022-017. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 11 Page 6 of 355 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 2, 2022. b) DS2022-002, Catherine McCarroll, Intermediate Planner, re: Minor Variance Application 2021-A-83, Cherene Mulder & Candace Platt, 3127 Penetanguishene Road. 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 Cherene Mulder & Candace Platt. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 17, 2022; Township of Oro-Medonte, Operations Division dated January 18, 2022; Township of Oro-Medonte, Building Division dated January 20, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Cherene Mulder, applicant, was present. N, & 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. DSC220202-4 Moved by Keane, Seconded by DeSousa i It is recommended _1%1h, 1. That DS2022-002, Catherine McCarroll, Intermediate Planner, re: Minor Variance Application 2021-A-83, Cherene Mulder & Candace Platt, 3127 Penetanguishene Road 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. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 11 Page 7 of 355 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 2, 2022. c) DS2022-003, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2021-A-84, Sue-Ellen Morrison, 4 Martine Crescent. 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 Sue-Ellen Morrison. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 17, 2022; Township of Oro-Medonte, Operations Division dated January 18, 2022; Township of Oro-Medonte, Building Division dated January 20, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Alex McConney, on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. Nisk F. 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. DSC220202-5 Moved by Veitch, Seconded by Hough It is recommended 4hVhhkhhh.. : 1. That DS2022-003, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2021-A-84, Sue-Ellen Morrison, 4 Martine Crescent 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 DS2022-003. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 11 Page 8 of 355 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 2, 2022. d) DS2022-009, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-85, Ashlynne Dale, 2387 Line 4 North. 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 Ashlynne Dale. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 19, 2022; Township of Oro-Medonte, Operations Division dated January 19, 2022; Township of Oro-Medonte, Building Division dated January 20, 2022. Aar Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Victor Aveiro, on behalf of the applicant, was present. Ashlynne Dale, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220202-6 Moved by Greenlaw, Seconded by Veitch It is recommended 1 . That DS2022-009, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-85, Ashlynne Dale, 2387 Line 4 North 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 (6,340 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 DS2022-009. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 11 Page 9 of 355 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 2, 2022. e) DS2022-004, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-01, Lisa & Andy Browning, 3 Black Forest Lane. 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 Lisa & Andy Browning. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 17, 2022; Township of Ashlynne Dale Oro- Medonte, Operations Division dated January 18, 2022; Township of Oro-Medonte, Building Division dated January 20, 2022; Lake Simcoe Region Conservation Authority dated January 21, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Andrew McIntyre, on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220202-7 Moved by Hough, Seconded by Keane It is recommended 1 . That DS2022-004, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-01, Lisa & Andy Browning, 3 Black Forest Lane 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 DS2022-004. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 11 Page 10 of 355 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 2, 2022. 7. Reports of Municipal Officers: 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. Motion No. DSC220202-8 Moved by Scott, Seconded by DeSousa It is recommended A& 1 . That 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 be received and adopted, as amended. 2. That Development Services Committee approve Consent Application 2022-B-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. 6, 101011 4. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. ap--N b) DS2022-013, Danielle Waters, Planner re: Minor Variance Application 2021-A-70, David Burgess and Marites Calacala, 551 Penetanguishene Road. Motion No. DSC220202-9 Moved by Greenlaw, Seconded by Veitch It is recommended 1. That DS2022-013, Danielle Waters, Planner re: Minor Variance Application 2021-A- 70, David Burgess and Marites Calacala, 551 Penetanguishene Road be received and adopted. 2. That Minor Variance Application 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 DS2022-013. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 11 Page 11 of 355 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 2, 2022. 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). Motion No. DSC220202-10 Moved by Keane, Seconded by Hough It is recommended 1 . That 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) 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. That the applicant be advised of the Committee's decisions under the Director, Development Services signature. V 'N% Carried. 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]. Motion No. DSC220202-11 Moved by DeSousa, Seconded by Scott It is recommended 1 . That DS2022-014, Danielle Waters, Planner re: Request for Temporary 2nd Dwelling at 776 Line 2 South by Sherry McCaskie 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. Carried. Page 9 of 11 Page 12 of 355 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 2, 2022. 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]. Committee consented to allow Mr. Dwinnell to provide additional comments. Motion No. DSC220202-12 Moved by Veitch, Seconded by Greenlaw It is recommended A& 1. That DS2022-015, Danielle Waters, Planner re: Request for Temporary 2nd Dwelling Extension, 228 Drury Mill Rd. — Dwinnell be received. 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, to allow the applicant to submit a Temporary Use By-law application within 2 months and to obtain approval for a Temporary Use By-law application to permit and maintain the second dwelling on the property. 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. That the applicant be advised of Committee's decision under the Director, Development Services signature. Carried. Page 10 of 11 Page 13 of 355 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 2, 2022. 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). Motion No. DSC220202-13 Moved by Hough, Seconded by Veitch It is recommended 1. That 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) 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. That the applicant be advised of the Committee's decision under the Director, Development Services signature. Carried. 8. Next Meeting Date`. Wednesday, March 2, 2022. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC220202-14 Moved by Scott, Seconded by DeSousa It is recommended that we do now adjourn at 7.57 p.m. Carried. An audio file is available through the Township's website. Mayor H.S Hughes, Chair Andria Leigh, Director, Development Services Page 11 of 11 Page 14 of 355 5.a) 5:30 p.m. Notice of Receipt of Complete Applications; Notice of Par... Notice of Receipt of Complete Applications Notice of Particulars and Public Access Notice of Public Meeting for Proposed Amendments to the Official Plan and Zoning By-law of the Township of Oro-Medonte 2021-OPA-01 &2021-ZBA-14 (French Properties Limited) Due to the evolving public heath situation (COVID-19), the Township will Iivestream the Public Hearing over the internet for public viewing and participation. Please refer to the Township's website (oro-medonte.ca)for Public Hearing viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following applications to amend the Official Plan and the Zoning By-law"Complete"Applications pursuant to the Planning Act on the 21 sc day of December, 2021. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a Public Meeting on March 2"d, 2022 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on the proposed Amendments to the Official Plan and Zoning By-law. The subject lands are described as Concession 1 East Part Lot 9 (Orillia), municipally known as 554 Line 15 North. A location map illustrating the location of the subject lands is included in this Notice. The purpose and effect of the proposed amendments to the Township of Oro- Medonte Official Plan and Comprehensive Zoning By-law 97-95 is to permit the development of an event venue within an existing barn as an on-farm diversified use on the subject lands. A copy of the applicant's Conceptual Site Plan of the proposed development is attached to this notice. The proposed amendment to the Official Plan would re-designate the lands from `Mineral Aggregate Resources—Potential', `Restricted Rural' and `Oro Moraine Core/Corridor Area' to a new site-specific policy exception to permit the development of an event venue as an on-farm diversified use on the subject lands. The proposed amendment to the Zoning By-law would rezone the lands from the Mineral Aggregate Resource Two (MAR2) and Environmental Protection (EP)zones to the Mineral Aggregate Resource Two Exception# Hold (MAR2#(H)) and Environmental Protection Exception# Hold (EP*#(H))zones. Any person may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Official Plan and Zoning By-law Amendments.Written comments by any person unable to attend the meeting should be mailed/faxed/e-mailed to the Director, Development Services,The Corporation of the Township of Oro-Medonte to be received no later than 12:00 p.m. noon on March 2, 2022. Please ensure that you include your name and address so that you may be contacted if necessary. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Official Plan Amendment is adopted or refused and/or the Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro- Medonte to the Ontario Land Tribunal and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Page 15 of 355 5.a) 5:30 p.m. Notice of Receipt of Complete Applications; Notice of Par... The applications are part of the public record and are available to the public for viewing/inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building and available on the Township's website www.oro- medonte.ca.Any person wishing further information or clarification with regard to the applications or to arrange to inspect the applications should contact the Planning Division at 705-487-2171. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If you wish to be notified of the adoption or refusal of the Township of Oro-Medonte in respect to the proposed Official Plan Amendment and/or passing or refusal of the proposed Zoning By-law Amendment, you must make a written request. Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn:Andria Leigh, Director, Development Services plan ning@oro-medonte.ca Dated at the Township of Oro-Medonte this 3rd day of February, 2022. Location Map N �a n a. z C c �J APVT)—L-an�Dr.0V).)- — Old-Barrie-Rd.E. c e pc� ,L z Joy, IZO ® Subject Lands Page 16 of 355 5.a) 5:3 p.m. Notice of Receipt of Complete Applications; Notice of Par Applicant's Site man ..\ Q; k ` 2%§ § •! | , \ \� ` \ 7\/\) \ q � ) \)}}/ ( \ as» . .. . y y ? | ! ■I 2 - ! ! . . . . . �.& � } \r | $ ! - : Page17 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of Par... From: Saunders, David Sent: February 3, 2022 3:36 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Complete Application and Notice of Public Meeting- Development Services Committee Meeting March 02, 2022 (2021-OPA-01 & 2021-ZBA-14) French Development Engineering has No Objection to the above noted Application. A Detailed Submission Drawing set and Reports shall be required at the time of Site Plan Application. Regards Page 18 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of Par... From: Metras, Justin Sent: February 7, 2022 11:33 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Complete Application and Notice of Public Meeting- Development Services Committee Meeting March 02, 2022 (2021-OPA-01 & 2021-ZBA-14) French Abbey Operations will require a 3.0m road widening along the entire frontage on Line 15 North. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 19 of 355 March 2, 2022 Development Services Committee 5.a) 5.30 p.m. Notice of Notice of Par... County of Simcoe Main Line(705)726-9300 coVnrr of Planning Department Toll Free(866)893-9300 SI '`]�/�CO"— Z 10h Highway 2 o L9X 1 N6 i Fax (705)a 27 4276 PLANNING M u..l February 25t", 2022 ***VIA EMAIL*** Derek Witlib, Manager of Planning Services, Township of Oro-Medonte 148 Line 7 South Oro-Medonte, On LOL2E0 RE: Application for Official Plan Amendment (2021-OPA-01) and Zoning By-law Amendment (2021-ZBA-1 4) Owner: French Properties Limited Subject Lands: 554 Line 15 North, Township of Oro-Medonte, County of Simcoe County File: OM-PRE-2205 Thank you for circulating the County of Simcoe for comments with respect to the above noted applications. The County understands that the applicant is proposing a site-specific exception to the Mineral Aggregate Resources-Potential, Restricted Rural and Oro Moraine Core/Corridor Area designations of the Oro-Medonte Official Plan to permit the development of a special event/wedding venue within an existing barn as an on-farm diversified use on an existing lot approximately 100 acres in size, known municipally as 554 Line 15 North. The proposed zoning by-law amendment would then re-zone the lands from the Mineral Aggregate Resource Two (MAR2) and Environmental Protection (EP) zones to a site specific MAR2 with Holding and EP with holding zones implementing the OPA. As indicated in the supporting documents circulated with the applications, the proposed zoning by-law amendment would establish a maximum area to be occupied by the proposed on farm diversified use, a maximum capacity for events and a maximum number of 50 events per year with hours of operation identified. Further, the amendment would expand the EP zone to reflect the boundaries of the woodland and wetland features on the property and also include permission for trails within the EP zone. Supporting documents circulated with the application include a Planning Justification Report, Environmental Impact Study, Noise Report, Functional Servicing Report & Stormwater Management Report, Traffic Brief and a Hydrogeology Study. The subject lands are designated Rural and Greenlands per Schedule 5.1 — Land Use Designations to the County of Simcoe Official Plan (SCOP). A large portion of the property is covered by forested area. There is also a Locally Significant Wetland and unevaluated wetland identified on the property therefore the application is subject to the Natural Heritage policies of the Provincial Policy Statement (PPS) and Growth Plan. Portions of the property are also regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA should be consulted with regards to their regulated lands, policy conformity and natural heritage system preservation requirements. Due to proximity to a Primary Settlement Area (City of Orillia), 3.3.7 of the SCOP identifies that prime agricultural policies apply on the lands designated as Rural. In addition, any development Page 20 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of Par... on the portion of the site designated Greenlands are subject to SCOP policies within section 3.8 and development or site alteration is subject to policies within section 3.3.15 relating to Natural Heritage. In principle, On-farm diversified use is permitted in the Rural and Greenlands designations. County staff would also highlight that the proposed trails to be included within the Greenlands designation is a permitted use of the designation however any site alteration is required to be completed in accordance with 3.3.15 of the SCOP. Section 2.3.3.1 of the Provincial Policy Statement (PPS) 2020 states that"in prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture-related uses and on-farm diversified uses. Proposed agriculture-related uses and on-farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations." On-farm diversified uses are defined as secondary uses to the principle agricultural use of the property which are limited in area, and include, but are not limited to, home occupations, home industries, agri- tourism uses, and uses that produce value-added agricultural products. Sections 3.7.4 and 3.6.6 of the SCOP also permits on-farm diversified uses within the Rural designation and on prime agricultural lands. The SCOP's definition of on-farm diversified uses is consistent with the PPS. The Ministry of Agriculture, Food and Rural Affairs (OMAFRA) has produced Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas which outlines the PPS criteria for on-farm diversified uses. All of the following criteria must be met to qualify as an on-farm diversified use in accordance with the PPS: • Located on a farm • Secondary to the principle agricultural use of the property • Limited in area o It is recommended that on-farm diversified uses may occupy no more than 2% of the property which the uses are located, to a maximum of 1 hectare • Includes, but is not limited to, home occupations, home industries, agri-tourism uses and uses that produce value-added agricultural products • Shall be compatible with, and shall not hinder, surrounding agricultural operations A Planning Justification Report (PJR) was prepared in support of the application by MHBC Planning dated December 2021. The report provides an evaluation of the above criteria for on- farm diversified uses. As noted in the report, the proposed use would be limited to an existing barn on the property and all components of the proposed use, including parking and driveway widening would maintain an area of approximately 1.3 acres which would occupy approximately 1.2% of the overall farm. No reduction in agricultural land is proposed as part of the applications. The draft zoning by-law included in the report identifies that the use will be restricted to the existing barn with a maximum capacity of 150 people per event and a maximum of 50 events per year. The draft by-law also specifies that the proposed event venue shall remain secondary to the agriculture use of the property. Based on the information provided, it appears that the application meets the criteria for an on-farm diversified use. Section 2.3.3.3 of the PPS and policy 3.3.14 of the SCOP requires that new land uses shall comply with the Minimum Distance Separation formulae (MDS). The County notes that the Township should satisfy itself regarding whether the proposal meets the requirements of MDS. The PJR and EIS submitted with the applications also evaluate the natural heritage policies of the PPS, Growth Plan and SCOP. Staff understand that the EIS completed by Azimuth Page 21 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of Par... Environmental Consulting Inc. and dated December 2021 confirms the presence of wetland, significant woodland, species at risk, significant wildlife habitat and habitat of endangered/threatened species on the property. The study indicates that the proposed development will be located outside of the Greenlands designation and no built features will be located within 30m of the natural heritage features identified on site. The study concludes that the proposed development can be achieved with no negative impacts to key natural heritage features and functions identified on the property. Subject to positive comments and any recommendations from the LSRCA, County staff are satisfied that the natural heritage policies of the PPS, Growth Plan and SCOP have been addressed. The County would be supportive of any additional information required by the LSRCA to ensure policy conformity in this regard. The Township should confirm that any site alteration within the Greenlands designation or near any natural heritage features identified on the property is done so in accordance with 3.3.15 of the SCOP prior to consideration of approval Prior to consideration of approval, the Township should be satisfied that the proposed use meets the provincial guidelines for an on-farm diversified use and the natural heritage policies of the PPS, Growth Plan and SCOP have been adequately addressed. Staff highlight that County Transportation and Engineering comments that were provided to the Township at the pre-consultation stage, dated May 12, 2020 and enclosed to this letter are still applicable and are required to be addressed through the site plan approval process. County planning staff would finally note that the County is the approval authority for privately initiated official plan amendments. If the local official plan amendment is adopted by the Township, additional fees will be required to be submitted to the County for review and processing in accordance with the County of Simcoe Fees and Charges By-law available on the County website at www.simcoe.ca. Please circulate future updates or notices with respect to this proposal to the attention of the County of Simcoe Planning Department via plan ning.noticesa-simcoe.ca. If you have any questions or require further information, please do not hesitate to contact the undersigned. Sincerely, The Corporation of the County of Simcoe Kwck" Keirsten Morris Planner II P: 705-726-9300 ext. 1973 E: keirsten.morrisa-simcoe.ca cc. Dan Amadio, Planning Manager— County of Simcoe Encl. County Transportation and Engineering Pre-consultation Comments — May 12, 2020 Page 22 of 355 �MqT&�2opfl�orA W�r& erv�cge� ggomrrliiitee5.a) 5:30 p.m. Noticns; otice of Par... County of Simcoe Main Line 705 726 9300 COUNTY OF Transportation and ( ) Toll Free 1 866 893 9300 �( r Engineering TRANSPORTATION AND IMCOC g g Fax(705) 727 7984 - 1110 Highway 26, Web: simcoe.ca ENGINEERING i►� Midhurst, Ontario L9X 1 N6 Andy Karaiskakis, RPP Planning Department May 12, 2020 Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO **Via: E-Mail** Dear Andy, RE: Pre-Consultation —Site Plan 554 Line 15 North, Township of Oro-Medonte, County of Simcoe. Thank you for circulating the above-noted Pre-consultation to the County of Simcoe. The Transportation and Engineering Department has reviewed the submission and have the following comments: 1. In accordance with Table 5.4 of the Simcoe County Official Plan, the required basic right-of-way width for County Road 11 is 30.5 metres. County staff have reviewed this requirement and feel that a right-of-way width is necessary for future road maintenance, road improvements and stormwater flow from County Road 11. In order to meet this right-of-way requirement, the County will require a road widening of approximately 3.0 metres. The Applicant shall transfer to the Corporation of the County of Simcoe ("County"), at no cost, a fee simple, unencumbered interest in the following: ■ A road allowance widening along the entire frontage of the subject property adjacent to County Road 11 to provide a 15.25 metre right-of-way from the centre line of County Road 11. The Applicant shall submit to the satisfaction of the County's Transportation and Engineering Department a preliminary reference plan which sets out the road widening to be transferred to the County. Upon approval, the County will instruct the surveyor to deposit the reference plan in the Land Registry Office for Simcoe County and request the surveyor provide the County with 1 copy and 1 electronic copy of the deposited reference plan. All costs associated with the land transfer, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the applicant. All legal documentation is to be negotiated, prepared and registered by the Legal Services Department of the County and to be executed where required by the Applicant. The Applicant shall submit to the Legal Services Department of the County a deposit in the amount of$1000.00 prior to the services being rendered. Invoices will be submitted on a cost recovery basis and applied against the deposit. Additional deposits may be required, and any excess over the total invoices will be refunded. The County of Simcoe is requesting the road widening pursuant to section 41(8) & (9) of the Planning Act and such land will form part of the highway to the extent of the designated widening in accordance with section 31(6) of the Municipal Act, 2001. The widening of County Page 23 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of Par... County Pre-Con Comments - 2 Road 11 is required pursuant to the County's standards for the construction of roads and is consistent with proper safety standards. 2. The County of Simcoe requires Applicants to complete an Engineering Review form (attached), for each submission. Please have the Applicant complete the form and submit it, along with payment, when submitting the Site Plan Application to the County for review. 3. The County of Simcoe Entrance By-law No. 5544 regulates the construction, alteration or change in the use of any private or public entranceway, gate or other structure or facility that permits access to a County road. The By-law states where an individual lot fronts on both a County Road and a Local Road, the Entrance will be from the Local Road, where feasible. Therefore, all entrances shall be from the Local Road. 4 The County of Simcoe Setback By-law No. 5604 regulates the location of buildings and other structures on lands adjacent to County Roads. Any new buildings and other structures, including septic beds, must be located 15.0 metres from the Limit of the Highway. Additionally, buildings and structures related to Recreational Facilities (toboggan hill) is are required to be setback 45.0 metres from the Limit of the Highway. The Applicant may apply for a Setback Variance if they cannot meet the requirements. 5. As part of the Site Plan Application, the County will require a Stormwater Management Brief (to ensure that the post-development run-off rates to the County right-of-way are equal to or less than the pre-development run-off rates) and a Traffic Impact Brief to be completed and submitted for review. 6. A Grading Plan and Erosion and Sediment Control Plan will be required if the site is being regraded. 7. All Site Plan and engineering drawings shall be circulated to the County for review and comment. The County may have additional comments once the full Site Plan has been submitted and reviewed. If you require any further information, please do not hesitate to contact me. Sincerely, The Corporation of the Co .nty of Simcoe Darren Dunphy, C.E.T., resi Engineering Technician II (705)726-9300 ext. 1334 C.C. Julie Scruton, County of Simcoe Dan Amadio, County of Simcoe Anna Dankewich, County of Simcoe Stefanie Thorne, County of Simcoe X:\PLN\D-Development&Planning D\D07 to D14 Development Correspondence\Oro-Medonte\Preconsultation\Site Plan\554 Line 15 North\T&E Pre Con Comments May 12,20.doc Page 24 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of Par... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent by E-mail: adedora@oro-medonte.ca March 2, 2022 File No: 2021-OPA-01& 2021-ZBA-14 IMS File No.: ZO-156599-040720 Abbey Dedora Development Services Assistant Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Ms. Dedora: Re: Official Plan Amendment and Zoning By-law Amendment 554 Line 15 North Township of Oro-Medonte LSRCA staff have reviewed the above-noted Applications for Official Plan Amendment and Zoning By-law Amendment. We understand these applications will permit the development of an event venue within an existing barn as an on-farm diversified use on the subject lands. The Official Plan Amendment would re- designate the lands from 'Mineral Aggregate Resources—Potential', 'Restricted Rural' and 'Oro Moraine Core/Corridor Area' to a new site-specific policy exception while the Zoning By-law Amendment rezone the lands from the Mineral Aggregate Resource Two (MAR2) and Environmental Protection (EP) zones to the Mineral Aggregate Resource Two Exception # Hold (MAR2*#(H))and Environmental Protection Exception # Hold (EP*#(H)) zones. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Planning Justification Report prepared by MHBC Planning dated December 2021 • Environmental Impact Study prepared by Azimuth Environmental Consulting Inc. Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020)and as a regulatory authority under Ontario Regulation 179/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 25 o-fF355.800.465.0437 5.a) 5.30 p.m. Notice of Receipt of Complete Application of � r�ar... Page 2 of 3 Recommendation LSRCA has no objection to the proposed works. LSRCA will be looking to enforce the recommendations of the Environmental Impact Study including the installation of edge plantings of Eastern White Cedar to indicate the limits of the overflow parking in proximity to the tree line. Site Characteristics Existing mapping indicates that the subject property is partially regulated due to flood and erosion hazards associated with the watercourse on site (Mill Creek)and an unevaluated wetland on the southern portion of the lands. The site is also heavily wooded on the southern portion surrounding the watercourse. • The subject property is currently designated Rural and Greenlands in the County of Simcoe Official Plan • The subject property is currently designated Restricted Rural and Mineral Aggregate Resources — Potential and Oro Moraine Core/Corridor Area in the Township of Oro-Medonte Official Plan. • The subject property is currently zoned Mineral Aggregate Resource Two (MAR2) Zone and Environmental Protection (EP) Zone. �_ Fealwe5 LslzcA Vti+alesmed 9oredarp ® LSPP lh' —hed&a ndary Reguaann&a reran}° . k Regiftow Area Asae ert Parcel �. -�- Lol arx!Cancesa+a+ — Walercwrx Lake Simms l - ,ram... Railway �] Lawe+Tea ML"opalRY �i 3�2r2L;l +�w........nw•r.r�aw raau aE e.,r.arum yen.■wsaacm xr� oorea1wiar.ra�.aan.��Yr✓r�>r n�awrar r W'rrww rrea yr iprr,a e..r awrraw�9ra aavaaw�,�v+sr.., Scale 7: ELi91 3N / 186 330 Page 26 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Application of � r�ar... Page 3 of 3 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 (PPS, 2020) as well as the natural heritage policies of the PPS and other provincial policies such as the Growth Plan (A Place to Grow, 2020) and the LSPP. The proposal will not result in development in the vicinity of any hazard features and therefore the Application is consistent with Section 3.1 of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacentto riveror 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. No site alteration is proposed within the regulated area and therefore the proposal will not require a permit from LSRCA. Any future works in the regulated area are subject to Ontario Regulation 179/06 and will require a permit. Advisory Comments LSRCA previously helped scope the terms of reference for the Environmental Impact Study (EIS). LSRCA has reviewed the submitted EIS and is in agreement with its recommendations. Edge plantings of Eastern White Cedar to indicate the limits of the overflow parking in proximity to the tree line should be installed. The proposal does not constitute major development as defined by the Lake Simcoe Protection Plan (LSPP). No further comments are anticipated as part of LSRCA's review of these applications. Summary LSRCA is satisfied from a watershed management perspective that the applications are consistent with the natural heritage and natural hazard policies of the LSPP. No further comments from LSRCA are anticipated. Should you have any questions, please contact the undersigned Sincerely, Shawn Filson Planner 1 Page 27 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of Par... s j t ca E m �►o •— J N-SVOU }+ W N 0 LIM N J A\ �\ U a � ,lane St le'1 \ LL `pig auV� _ J N=4.17 auM G a, TTF t'n W V) N 0 O ca N CDO w � LLJ � O N z Ica o Q � N U Cu (6 (a C6 O � Q O � O O Cu- a- Lo . . p (1) . . O E O 0 •U O — O 0 O .� �C) O i U Nw � �OU C� Q e Page 28 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of Par... _0 o Scu W .V J � N _ y CL (/� O N L c6 N 0 L Q � 0 0 0- Q (n _O a) N CU O a)}+ > �� _0 0 > Q 0 N ca ) N N O � 0 � > � � � }' c6 N W O o O O 0 N cu c6 � � pW 0 U 0- p 0) ° N 7 O cu � o � N " N LL � N c6 0 _0 cacu *k 0 N N J O '� N � E < M� 0- 1 � O M L /'1 U > W L C 0 .� O C C O N Oui Ncu O — � 0 NN ai CD Q- Q U O I L O � O U 0 � x N N �0 X a) W O 0 = r Q E � O 1 o 0 0 L U o :3 nu L U X L Q N L L `/ li a\ � U) t--- E Q � 0 0 O 00 - - O N c6 (6 _0 N U O N N = 0 � cn -0 O N N 0 N O c6 0 (6 L� 0 c6 «S O_ C) 0 .- O Q Q i U N 0) > 0) 0) X a0 > Q QQW Page 29 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of Par... ,/4)� 0 4_+ �� o ca E •- J LL Q � _ W !i liO i F� m W � ra � N - •� N O O 06 m 'a f une-? 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Y W ca E w CL U) CL N o �N I r ` I W OI w I I _ti7 1 m � O 1 Q --------------- - L.L cuo P4 dV a =s =; W $ 4ya !q W ~ N 0 N O 0, N CD y � Q Nlu V C C 06 C C ¢ W CD ca Q .� ❑ I ® a- a- N U) C6 7 J O � O W � Mp Page 35 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of Par... -1410 000, w 40 cu O 1 0 W O w L.L �N x C J 1\ ' O m IGO N Q' N " w O LCC NCD � � � _ N L Mo 0,6 (3) Q 70- CU �wX (E)■ ■ Q ( O (L6 O O L Q- O _ U /� ' U w w \� E =O E n o O O O O o � N o oQ o O /1 0 � V; CcL p N o M � � L J J W 'r r -' Page 36 of 355 for �,�. • � ll 1 �� "M� �"''* i-•i� 71� ;,fir• � . 1 • � 1 • • r gg iul ffog i50 A.• "�_• ,� •flE�! `,��• �',� �� " lam l 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of Par... - LO x U •- IJ 0) Com- U) O j o O L.L J C J � m Q � N O .— Z N LO O O N N a� � AAxx ! J W CU r y O _O cu4-0 QCu .U A 0) O ° O Page 38 of 355 5.a) 5.30 p.m. Notice of Recei t of Complete Applications; Notice of Par... 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N O N rfjpr t' ' N N � U d f Z0Q � LLJ C) = _0 cn Q � Q CIL ,�• o_ o2j Q 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of P Flo � 8 �i �w�'� s - fir✓ � • 1 91l AYM401H.;.-. 4aF9 Zj - O � :. Page 45 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of P V O 1 4� . f Page 46 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of P i x �� ax: +► r�H r° ` 4 rp�•:. • h5 • q �,� �A �. x i �s .y >a fv W } 'r �, . IT i Page 47 of 355 1 P.M' -. -Notice of - • of • •ns; Notice of z Ln r-I Lin a CO N 06 JAVA 0= i8 of ��'2 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of P V O E V O > E � = LU � V 00 E 0L Ln ta0 (2) _ V c6 0 6 =3 %4— O V O O V caA • w U 0L O a� 4-J COro c6 V a--j Q� 4-' EO O E •v O .v V > >. 0 LU E E E 10 E .— 0 0 a- LULU a- Q LLGLU LU Page 49 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of P �. Ln f O w U� •• E � • � r� c9s T 4M J 'G J • V - � 4� O � ca � V � (3) s 4- C: C: V) 4J M o M ._ Page 50 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of P 0 i LL 4� ,v O p 0 V C: C: (1) O c6 Q .. L +� O • Q •- V) O C� JCS 'l 4 J2 -a OL W O ) t Page 51 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Appli ce of P JL h Lei dL w .1 I w � rr M � � W � n r4 N V o 4� LU ago o u 4� •- 4-, p w L N Q � � Page 52 of 355 R 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of P _0 to cu -I--j 4-J C- cn N (1) V) 0 O •� > _0 +-+ •-, •-, V L Q� V 4-' .— > •� O E O � O w V D V N V) _0 V) .— C O •— Q� � LU O V) Z) u O LU cn � 0 Q> Q C6 w Q O (U L • O +� 0) c/i N > c6 •cn Q OC Q _.,._ sx �' w c bn p ux ^� OaT L L4 L Q7 E C if W W w _ 4� O ►1+ N N LU wz a ' J-a c c c J � W a `'rf Page 53 o 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of P -I--j s C: , u O O C�0 cn _0 O (3) c6 •� �' cn V V .. > C — O � CL .. _0 r u .— L • 6� Q O V -0 • u _0 (1) (3) 4) � +-' � 4� +- to 4� C:4- w L - m cn � L ca L — cn I C6 0 V 4.+ --' L cn 4— C C: C6 C6 > O C6 (u C6 N O I o I � W (U fto •— 4� 4 -J c6 4.+ cn O cn 0� c6 W E 4- ca Ln L Q � O — v� Ln O O > .— 4) cn U Page 54 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of P -I--j L— O 0 Ln > O ca a� O 4-, >, N Q� > O O •� V L— cn E O ca � ca Q > • • Q > O cn cn V) O 0 O O _0 - i � W O O Q O 0 -0 •— L 4 •� o E O CAA ca o •- E U 'V V •� . _ .v •O C6 O � LZ +� O O V E V) O O X � X ° V O ca u c6 E O 0 (u Q = Z O O O =3 Page 55 of 355 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of P I +J ' O C6 a-J Z _ ru O '- V V L.L0 O J O Ln 4-j w � .. c6 , Q O 3 CO c6 V O N E � -- � 0 Q4-j 4-j 0 C: sc: > 4-J _ � 4� � O c6 � a) � V � Ul CL � O V +-J O .U 0 O 3: O O o 4. Q � � +�+ -P O E E E 4-j E � L 0. •`� O O O O O Ln O O O O > V V V V > (1) O -0 Page 56 of 355 s ' n 4 ff3 A4 Y f -, r#F, LL r 4 'rye' y •:Y.��h„"• _ _ - - _ if ,s yIt +, ,J i•' IPA. It�; f. • 1 ,�m�! ". W� V � r y fir. �x -h �- ' j •~ d .� 1,.� J V .hf c a, 1 , Y 5 F - 1 1= ! s l _ V. I? q ��. ♦`2 aft ''P!� �G•'�' �� ' _ __ 1 # J 1 W C F' t.y r 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for ttlrck //c�� r,►rrlc� Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2022-ZBA-01 (Lucas) Due to the evolving public heath situation (COVID-19), the Township will livestream the Public Hearing over the internet for public viewing and participation. Please refer to the Township's website(oro-medonte.ca)for Public Hearing viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete" Application pursuant to the Planning Acton the 6th day of January, 2022. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on March 2, 2022 at 5:45 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 8, Part East Part Lot 17, RP 51 R- 15953 Part 1 (Oro)and municipally known as 560 Line 8 North.A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to permit the continued use of an existing garden suite (temporary 2nd dwelling unit)for a temporary period of twenty (20)years. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/mu nici pal-services/planning-information. Written submissions can be made by: 1. Emailed to planningiaoro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused,the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal,there are reasonable grounds to do so. Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca.Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planning(a).oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made Page 58 of 355 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Attn:Andria Leigh, Director, Development Services planning(aoro-medonte.ca Dated at the Township of Oro-Medonte this 7th day of February, 2022. Location Map ti 15/16=SIDEROH'D=E z z i= cb w w z z J J SUBJECT PROPERTY(560 Line 8 North) n ROSS=ROA rL VT HIGHWAY 1.1_V Page 59 of 355 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Zoning Sketch .,,.... .,1' 1...�•;'t !fir f ��r�l;,, F� N6017'1O"E 383.00' (PT & Mean.) e (oil) f I O l O ,` r 30 _ F+E 12 16 9 S4 If 1 a i To O y PART 1 I f o S - PLAN 51R-1595.3 �I z s1a r a n N EE! r,r ..,.v i. l•1 Q. '1,'r�'� pe0 L m z I del a � v z 0 so reir�-- N6O'1T1O"E 363.00 (PI &Meas.) (an} � I o a } _ T _ ____LIMIT BETMYEEN LOTS 17 ANO 13 —— — � I S.E. CORNER 1 "�U6t7r OF LOT 17 - i_ CONCESSION B� loll' k LA Page 60 of 355 5.b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... From: Saunders, David Sent: February 8, 2022 12:51 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Complete Application and Notice of Public Meeting- Development Services Committee Meeting March 02, 2022 (2022-ZBA-01) Lucas Development Engineering has No Objection to the above noted Application. Regards Page 61 of 355 5.b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... From: Metras, Justin Sent: February 8, 2022 2:53 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Complete Application and Notice of Public Meeting- Development Services Committee Meeting March 02, 2022 (2022-ZBA-01) Lucas Abbey Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 62 of 355 5.b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... From: Wilson, Delanie Sent: February 10, 2022 11:55 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca> Subject: RE: Notice of Complete Application and Notice of Public Meeting- Development Services Committee Meeting March 02, 2022 (2022-ZBA-01) Lucas The Building Division has no comment at this time. Kind regards, Delanie Wilson Deputy Chief Building Official Township of Oro-Medonte Page 63 of 355 5.b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... From: Municipal Planning<Munici pal Planning@enbridge.com> Sent: February 19, 2022 12:36 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: [External] RE: Notice of Complete Application and Notice of Public Meeting- Development Services Committee Meeting March 02, 2022 (2022-ZBA-01) Lucas Thank you for your circulation. Enbridge Gas Inc. does not object to the proposed application however, we reserve the right to amend our development conditions. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning@Enbridge.com. Regards, Alice Coleman Municipal Planning Analyst Long Range Distribution Planning ENBRIDGE TEL: 416-495-5386 1 MunicipalPlanning@Enbridge.com 500 Consumers Road, North York, Ontario M2J 1P8 enbridge.com Safety. Integrity. Respect. Inclusion. Page 64 of 355 5.b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... All IGO N N N N N •N s Ou!I O N 0 O U CL C Q U) Cu � U N E O O E O c� Z C4-0 Cu00 � 0 •Cn U C: a) 'i to � . . . . LO D .� r a O O }' N •� �C� i N O U Page 65 of 355 5.b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... X ca W O L � o 0) O N � � r � O c N ca a m .V N Cu L 1 CL N C O E Q (n N CU N J E E E -o Cu N Q Co 0 � J +� O ' � O J l� O •r T m O O 0) N U .� — j QL a) CDO 0 D L N 0 .5 a L E a 0 a) Page 66 of 355 5.b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... 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N � o N0 (L) Q- N mQ O � Q- 70o N O L M U N N >' Q O 0 O N N (Q > }+ C� N (Q >' O L U' `~ � a CL W o ❑ i OCL l L '^ O Q Q E0 N ~ `~ 0 O � M O N � O g Z M C 0 goo (Q O U �,N � a � O� N J N � N O cB n\ (u N (D L Q �V O Ln ,� E u N U O O E 0 (Q Q Q O O a � � W U L > U O a� � � o J ■ ■ � L L U� LO N �O Z > O C �pp O N E � m o Q � � o ❑ cBU) U � � o >, C U) Q _ Z CO � Q cB p 0 p N C N E E N Cu � 0 0 � � _0 C� Q w, L M � Page 74 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-026 Development Services Danielle Waters Committee Planner Meeting Date: Minor Variance Application Motion # March 2, 2022 2022-A-02 Angela Fleming Roll #: Concession 6, South Part Lot R.M.S. File #: 4346-020-007-10000 19 (Medonte) D13-60294 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-026 be received and adopted. 2. That Minor Variance Application 2022-A-02 by Angela Fleming specifically to permit a 0 metre setback from the Environmental Protection zone on lands located at Concession 6, South Part Lot 19 (Medonte), be approved, subject to the conditions as outlined in Report DS2022-026. 3. The conditions are as follows: a. That notwithstanding Section 5.27 Setbacks from Limits of Environmental Protection Zone all structures shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed single detached dwelling, detached accessory building and barn 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 applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The applicant has previously applied for a Zoning By-law Amendment Application (2021-ZBA-1 3) to revise the EP Zone on the lands to accurately reflect the presence/absence of drainage, wetland and woodland features that exist on the property on the subject property and was approved through By-law 2022-001. Development Services March 2, 2022 Report No. DS2022-026 Page 1 of 9 Page 75 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... The subject property has a lot area of approximately 20.8 hectares (51.5 acres) and a lot frontage of approximately 198.5 metres (651 .4 feet) on Line 5 North, as shown on Schedules 1 and 2. The property is currently vacant. The applicant is proposing to construct several buildings (dwelling, detached accessory building, barn) within the environmental protection buffer zone (Schedule 3). The applicant is seeking relief to the following section of Zoning By-law 97-95: Section 5.27 Setbacks from Limits of Environmental Protection Zone Required: Proposed: Notwithstanding any other provision in 0 metres (0 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. Analysis: Provincial Policy Statement 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .4 — Rural Areas, Section, Section 2.1 — Natural Heritage, Section 2.2 —Water and Section 3.1 — Natural Hazards are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1 provides Natural Heritage policies that require natural features and areas to be protected for the long term and that development and site alteration shall not be permitted in natural heritage features such as significant wetlands, significant woodlands and significant wildlife habitat. The Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. Section 2.2 — Water aims to "protect, improve or restore the quality and quantity of water". Section 3.1 Natural Hazards to ensure the safety of people and structures. The applicant submitted an Environmental Impact Study (EIS) and Natural Heritage Evaluation (NHE) report prepared by Azimuth Environmental Consulting Inc dated June 14t", 2021 , to support their Zoning By-law Amendment application 2021-ZBA-13. The reports were reviewed by the Nottawasaga Valley Conservation Authority (NVCA) and the applicant implemented the recommendations of the NVCA to modify the zoning boundary to address natural hazard concerns. By-law 2022-001 reflects the recommendations of the environmental reports and the comments provided by the NVCA. The NVCA also indicated that because the EP Zone would match the floodplain and meander erosion hazard of the NVCA regulated mapping, any proposed buildings/structures would be setback a minimum of 50-60 metres from the Development Services March 2, 2022 Report No. DS2022-026 Page 2 of 9 Page 76 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... watercourse. Consequently, the NVCA would not object to a proposed reduction to a 0 metre setback from the Environmental Protection zone via a minor variance. The minor variance application was circulated to the NVCA and at the time of writing this report, additional comments from the NVCA have not been received and are not expected. However, the Committee should have regard to any NVCA planning comments that may be received. Given the above, 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. Planning Staff is of the opinion that this application conforms to the PPS, 2020. Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their Official Plans. The subject lands have an identified Significant Woodland and Provincially Significant Wetland on the property. An EIS has been prepared by the applicant and reviewed by NVCA. The limit of the existing features is identified within the EIS report by Azimuth Environmental Consulting dated June 14t", 2021 , and satisfies the requirement for an EIS and NHE. NVCA has reviewed the EIS. The applicant has made additional modifications to the zoning boundary to ensure the flood plains are within the protected area. Planning Staff are satisfied by comments previously received from NVCA that the reduction in the 30 metres setback will not impact the adjacent environmental features and functions. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Agricultural and Greenlands in the County of Simcoe's Official Plan (Schedule 4). The proposed Zoning By-law Amendment is located within the Greenlands designation. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." (County of Simcoe, 2016). Permitted uses in the Greenlands designation include agricultural uses; agriculture-related uses; on-farm diversified uses; forestry uses; mineral aggregate operations; outdoor passive recreational uses; and residential dwelling units that demonstrate that the lands are not within a prime agricultural area. According to Section 3.8.16, legally existing uses within the Greenlands system will be recognized and can continue. Development Services March 2, 2022 Report No. DS2022-026 Page 3 of 9 Page 77 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... In Planning Staff's opinion, the applicant's minor variance application conforms with the County's Official Plan. County comments received stated they have no objections as long as the Township and NVCA are satisfied with the proposal. Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Agricultural and Environmental Protection One/Two in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings and by extension accessory uses to the residential and agricultural use. Therefore, based on the above, the requested variance pertaining to the proposed structures is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject lands are zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township Zoning By-law 97-95. The purpose of the 30 metre buffer from the EP zone is to ensure protection of the natural features. Through previous meetings, conversations and site visits with NVCA, it was concluded that the Zoning map has overstretched the required protected area. NVCA has confirmed there is floodplain and meander erosion hazards on the property. These features are identified within the NVCA regulated mapping and continue to be protected by the EP zone. In a previous email, NVCA had indicated that the reduction of the 30- metre setback would be supportable as all environmental features are contained in the EP zone. The minor variance application has been circulated to the NVCA and at the time of writing of this report, final planning comments have yet to be received by Township staff and are not anticipated to be received prior to the Committee's consideration of this application. However, based on the review and discussions that have taken place to- date with the NVCA, it is Planning Staff's opinion that the proposed variance would be supported by NVCA. The Committee should have regard to any additional NVCA planning comments that may be received. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structures to stand-out, look out of place or detract from the character of this established neighbourhood. The proposed structure will not interfere with functional matters such as parking and the septic system. Development Services March 2, 2022 Report No. DS2022-026 Page 4 of 9 Page 78 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the buildings are not anticipated to have an adverse impact on the neighbourhood. As the proposed variance for is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and 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 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • 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 Development Services March 2, 2022 Report No. DS2022-026 Page 5 of 9 Page 79 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection • Township Infrastructure and Capital Projects — No comments • Township Building Department — no comments • Bell Canada — no comments • County of Simcoe — no objections • Nottawasaga Valley Conservation Authority — no comments received Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Site Plan Conclusion: Planning Staff recommends that Minor Variance application 2022-A-02 be approved, which would permit the reduction of the Environmental Protection zone boundary to 0 metres to permit the construction of a dwelling, detached accessory building and barn. The application conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters Planner Approvals: Date: Derek Witlib, Manager, Planning Services February 22, 2022 Andria Leigh, Deputy CAO/Director, Development Services February 24, 2022 Development Services March 2, 2022 Report No. DS2022-026 Page 6 of 9 Page 80 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map V Ila.e�Rd;T le n•RNd. 227 neeh`o NalleyR-0. R'� I Id, rri"- ~I 5834 I� r_ —ft,de `°'a J 5833 5610 5718 5970 z la L 5610 5615 5640 5538 5555 Schedule 1 Location township of ®Subject Lands Proud Heritage,Exciting Future 0 400 M File Number:2022-A-02 N Development Services March 2, 2022 Report No. DS2022-026 Page 7 of 9 Page 81 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo -�11,epRA. on[an•Rd. Haiseshlo•Valle I I hl•Ridg, eadtt VAC,, Z N a c J s Schedule 2 Aerial Photo 44 "Township of Subject Lands Proud Heritage,Exciting Future 0 200 M File Number:2022-A-02 N I i i Development Services March 2, 2022 Report No. DS2022-026 Page 8 of 9 Page 82 of 355 6.a) 6-00 p.m. DS2022-026, Danielle Waters, Planner re- Minor Variance A Schedule 3: Applicant's Site Plan C46 ACRr6j Schedule 3 Applicant's Site Plan 0 T h' f File Number 2022-A-02 Proud Heritage,ExclthtQ Future Development Services March 2, 2022 Report No. DS2022-026 Page 9 of 9 Page 83 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: February 10, 2022 11:53 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: [External] RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-02) Fleming Good morning Abbey, Bell Canada has no comments or concerns regarding this application. Thank you, Mary Mary McCartney Bell Canada - Right of Way Associate Floor 2, 140 Bayfield St Barrie, ON L4M 3B1 705-722-2219 or1-888-497-8735 Page 84 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... From: Saunders, David Sent: February 10, 2022 11:00 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-02) Fleming Development Engineering has No Objection to the above noted Application. Regards Page 85 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... From: Metras, Justin Sent: February 10, 2022 10:56 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-02) Fleming Abbey Operations has no comments on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 86 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... From: Wilson, Delanie Sent: February 14, 2022 3:40 PM To: Planning<Planning@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-02) Fleming Good afternoon, Building division has no comment at this time. Kind regards, Page 87 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... W=WEWWW==ft County of Simcoe Main Line (705)726-9300 S1COUNTYOOF Planning Department Toll Free (866)893-9300 ]�/�' ' `� "'" Highway no L9X 1 N6 imcoe.ca ,4 27-4276 14 ` Midhur February 23,d, 2022 VIA EMAIL Andy Karaiskakis, Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON, LOL 2E0 RE: Circulation — Minor Variance Application 2022-A-02 Owner: Angela Fleming Subject Lands: Concession 6, South Part Lot 19, Township of Oro-Medonte, County of Simcoe County File: OM-A-2203 Thank you for circulating the County of Simcoe with respect to the above noted minor variance application. It is County Planning staff's understanding that the applicant is seeking relief from Section 5.27 of Zoning By-law 97-95 to permit a reduction in the minimum required setback from the limit of the Environmental Protection (EP) Zone from 30m to Om in order to facilitate construction of a new dwelling, accessory building and barn on an existing lot of record legally described as Concession 6, South Part Lot 19. The subject lands are primarily designated Greenlands with a portion of the lot being designated Agricultural on Schedule 5.1 Land Use Designations in the Simcoe County Official Plan (SCOP). In addition, the eastern portion of the lot is occupied by a forested area, Provincially Significant Wetland and unevaluated wetland therefore the application is subject to the Natural Heritage policies of the PPS and Growth Plan as these features are considered to be key natural heritage and hydrologic features. A large portion of the property is regulated by the Nottawasaga Valley Conservation Authority (NVCA). In accordance with the materials provided with the application, it is Staff's understanding that the variance is required to permit a new residential dwelling within the 30m required setback from the EP zone in relation to a watercourse that runs across the front south west corner of the property. This portion of the property is included in the NVCA's regulations. As such, the conservation authority should be consulted with respect to natural heritage policy conformity and their regulated lands. The property is also adjacent to a County Forest located to the south east of the subject lands. Section 4.2.4.1 of the Growth Plan states that "a proposal for new development or site alteration within 120m of a key natural heritage feature within the Natural Heritage System for the Growth Plan or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: Page 88 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... a) Is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its function 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 30m measured from the outside boundary of the key natural heritage feature or key hydrologic feature. The Greenlands designation of the County of Simcoe Official Plan (SCOP) serves as the natural heritage system of the County and these policies align with the provincial natural heritage policies. The objectives of the County Official Plan are to protect and restore the natural heritage system to sustain natural heritage features for future generations. The permitted uses of the Greenlands designation are outlined in subsection 3.8.15 of the SCOP. Agricultural uses are permitted in the Greenlands designation. Residential use is only permitted on a lot which was approved prior to May 9, 2016 and subject to it being demonstrated that the lands are not within a prime agricultural area. A residential dwelling unit and associated accessory buildings are subject to natural heritage policies of the PPS and Growth Plan to which the County Official Plan conforms. When considering planning applications in the Greenlands designation, the results of an Environmental Impact Study (EIS) may be used to determine more precise boundaries of natural heritage features and areas. Consideration of impacts on adjacent lands to natural heritage features is also required to ensure development and site alteration does not negatively impact the ecological function of the natural heritage feature and adjacent lands in accordance with Section 2.1.8 of the PPS and 3.3.15 vi) of the SCOP. An EIS including a Natural Heritage Evaluation was prepared in support of the application by Azimuth Environmental Consulting Inc. dated June 14, 2021. The report provides an evaluation of the above natural heritage policies. The County has no objection to the approval of this application provided that the Township and the NVCA are satisfied that the application has adequately addressed Sections 4.2.3 and 4.2.4 of the Growth Plan and that it has been demonstrated no negative impacts to the adjacent lands of the natural heritage features identified on the property will occur in accordance with 2.1.8 of the PPS and 3.3.15 vi) of the SCOP. Please circulate a copy of the Notice of Decision for this application to the attention of the County of Simcoe Planning Department via planning.noticesa-simcoe.ca If you have any questions or require further information, please do not hesitate to contact the undersigned. Sincerely, The Corporation of the County of Simcoe eirsten Morris Planner II P: 705-726-9300 x 1973 E: keirsten.morrisa-simcoe.ca cc: Dan Amadio, Manager of Planning — County of Simcoe Page 2 of 2 Page 89 of 355 6.a) 6.00 p.m. DS2022-026, Qg@WE2Mt®6*eBon6iersr&,ViWoQro e A... 6a) Additional correspondence received From: Carolyn Milne Sent: February 27, 2022 11:49 AM To: Planning<Planning@oro-medonte.ca> Subject: [External] Application 2022-A-02 To whom it may concern I received notification in the mail about a proposal to seek relief to Section 5.27 Setbacks from Limits of Environmental Protection Zone from 30 metres to 0 metres. I have concerns about the advisability of this. The setback is to provide protection for the environment as well as the homeowner. Flooding is a very real concern with our escalating weather events and developing close to environmentally protected (EP) land would seem ill advised. EP land is also just that, listed as protected as it is vulnerable and usually part of the surface water flow in an area. Putting septic tanks, septic fields and manure piles close to EP land is a recipe for disaster and contamination of the water table. As the downstream, adjacent owner of a 100 acre EP land forest, I am opposed to allowing a house and barn being built close to an EP designated area whose water flows into the Sturgeon River and through my very sensitive forest. I work on horse farms and I am very aware of how the leachate from manure piles flow down into water courses. I am also very aware of septic system failures and again, sewage will flow into the EP land. The 30 metres needs to be respected as the buffer it is intended to be. I would also like to know how the manure is going to be handled to prevent contamination of the EP land to the back of this property towards the 6th Line. I look forward to reading what NVCA has to say about this proposal. Oro-Medonte is known for some of the purest water in the world, and the water flowing through the aquifer in this area is amazing. It needs protection as water is life and the purity must be protected for future generations. It is also my experience in Springwater Township that they very much protect their EP land and allow no development on, crossing or near it as we owned a property at Atkinson Rd. and Hwy 26 that is largely EP land and a number of efforts to cross the EP land have been denied since we sold the property. I was told unequivocally by township staff that EP land was EP land and could not be used to put in a road or any sort of infringement before the land was listed for sale. I applaud Springwater Township for protecting EP land as it should be. In summary, I am opposed to allowing this application to remove the 30 metre protection zone. Yours sincerely Carolyn Milne Page 90 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... March 2, 2022 Development Services Committee 6a) Additional correspondence received From: John S. Sent: February 28, 2022 10:20 AM To: Planning<Planning@oro-medonte.ca> Cc: aknapp@nvca.on.ca Subject: [External] Application 2022-A-02 Variance Application (Angela Fleming) Hello, After reviewing the application proposal of[Application 2022-A-02 Variance Application (Angela Fleming)]; we do have a concern in regards to our entire property with the elimination of the EP buffer zone based on the proximity location of the builds to that EP buffer zone. We would like a Lot Grading and Drainage Plan design completed by a Professional Engineer that clearly shows the water drainage does not adversely affect our entire property. We do not want water run off affecting our farming fields, well and septic. Kindly keep us informed of comments and further applications made. Thank You Larry McGeachan & Sherry Hutchinson Page 91 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re- Minor Variance A... From:Amy Knapp <aknapp@nvca.on.ca> Sent: March 2, 2022 3:56 PM To: Dedora,Abbey<adedora@oro-medonte.ca>; Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Cc: 'angela.flemingot@yahoo.ca' <angela.flemingot@yahoo.ca>; Planning Dept<Planning@nvca.on.ca> Subject: [External] RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-02) Fleming Importance: High This email originated from outside of Oro-Medonte's email system. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Good Afternoon, The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the proposed minor variance to construct several buildings (dwelling, detached accessory building, barn) within the environmental protection buffer zone. The applicant is seeking relief from Section 5.27 (Setbacks from Limits of Environmental Protection Zone) to permit a 0 metre (0 Feet) setback whereas the Zoning By-law requires that no building or structure shall be located within 30 metres (98.4 feet) of the boundaries of the Environmental Protection Zone. Staff note that the applicant recenly obtained approval to remove a portion of the EP Zone on the subject lands. NVCA technical staff provided detailed comments and general acceptance of the EIS and requirements for approval of the Zoning By-law Amendment for the zoning schedule as illustrated below. Page 92 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re- Minor Variance A... Staff note that Section 5.27 applies to building and I I structures and not agricultural land uses. The applicant has requested relief of the 30 metre i • setback requirement for the * � entire an EP area with the , �' RMde"P'R1° *- , , submission of a minor variance NTCRA6& application. TAW%A=ticM The sketch attached to the Notice of Public Meeting , appears to reflect the oldL Zoning Schedule resulting a reduction in the setback to an v.� r '' T ri ., c►a EP area under that no longer exists and is not related to a natural heritage feature. ° � Ig�f► � ` Further, it would appear that that only the proposed �s 11storage/garage" building and associated septic system along , ', , with a "future pool" appear to encroach into the minimum 30 metre setback, however the quality/legibility of the sketch is poor insofar that it is difficult to confirm what buildings/structure are actually proposed to be within the correct buffer. The NVCA wishes to express concerns with an approval of a "blanket" reduction which may result in potential environmental impacts and unintended consequences should future buildings/structures ever be contemplated/built. Therefore, the NVCA would recommend that the application be deferred to update the proposed site plan with the correct zoning schedule and to scope the application approval to only the proposed buildings/structures that encroach into the buffer. Thank you for circulating these application and please forward a copy of any decision made. Sincerely, Amy Knapp.- I Supervisor, Planning Services Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1TO T 705-424-1479 ext.233 I F 705-424-2115 aknapp@nvca.on.ca I nvca.on.ca I am currently working remotely as the Nottawasaga Valley Conservation Authority is taking preventative measures to limit the spread of COVID-19. You may experience some delays or disruptions as we follow recommendations of health professionals to slow the virus from spreading. This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. Page 93 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... 1�) L.L N Ad O Q 'N 5 amp N N O N N N O Cu CU �. -� O CL CL 0-) ry w _0 (L) C) — J � p Cu Cu p Z3 }, J +-0 Cu U) Cu > (C) � �, Cu z a) Q > O O . . Cu . . ' a) .— U 0) C C: N 75 C Q ° a E •— v -0 '> N C O w C) Page 94 of 355 6.a) 6.00 p.m. DS2022-026, Danielle Waters, Planner re: Minor Variance A... 1�) CU A -0 0 0 E � •� O 0) 0 O N LPL -0 C)- o C N 0 O a Q a: > � U) o N (DU) 0 0) N N v > o a) CD a) 0 a 12 N ) a o. 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Township of Report t.f Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-021 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # March 2, 2022 Minor Variance Application 2022-A-04 Roll #: Nigel & Carol Squirrell R.M.S. File #: 4346-030-012-04800 2814 Lakeshore Road East D13 60380 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-021 be received and adopted. 2. That Minor Variance Application 2022-A-04 by Nigel & Carol Squirrell, specifically for permission to build a detached garage in the rear yard with a maximum height of 6.13 metres (4.5 metres permitted), a maximum floor area of 96.5 m2 (70 m2 permitted), a maximum lot coverage of 6 percent (5% permitted) and a minimum interior side yard setback of 1.52 metres (2.0 metres required) be approved subject to the conditions as outlined in Report DS2022-021. 3. The conditions are as follows: a. That notwithstanding Section 5.1.3(d), Section 5.1.4, Section 5.1.5 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. The Owner shall provide payment of$525.00 to the LSRCA as per LSRCA Fee Schedule for review of this Minor Variance Application; e. That the Owner shall obtain LSRCA permit ahead of any development or site alteration to occur on-site; f. That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services March 2, 2022 Report No. DS2022-021 Pagel of 23 Page 104 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 2814 Lakeshore Road East, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The property is currently occupied by a single detached dwelling with attached garage and a detached accessory structure (shed) in the rear yard. The attached garage is set back 0.6 metres from the easterly lot line. The property is accessed from Lakeshore Road East by a driveway located along the easterly property line that aligns with the existing garage. The subject property has an area of 1 ,597 m2(17,190 ft2) and 22 metres of frontage on Lakeshore Road East. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Rural • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Residential One (R1) Zone 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing to demolish the existing attached garage and construct a new detached garage (accessory building) in the rear yard of the existing detached dwelling, 1.52 metres from the easterly property line. The existing driveway will be maintained in its current location and used to access the property and the proposed detached garage. There is an existing septic bed in the rear yard that limits the location options available in the rear yard to accommodate the proposed detached structure. The existing shed in the rear yard, north of the septic bed, is proposed to be retained. Based on the information provided in the application, the ground floor will be used for parking vehicles and the detached garage will have a gross floor area of 96.5 m2 (1 ,038.7 ft2) and height of 6.13 metres (20.1 feet). However, the new structure does not represent completely net new building massing or floor area on the subject property since it will replace the existing attached garage. The drawing package submitted by the Applicant includes conceptual elevations that show windows and doors on the front (south) and rear (north) sides of the building, but not on the east or west sides. These drawings are included in Schedule 5. Development Services March 2, 2022 Report No. DS2022-021 Page 2 of 23 Page 105 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1 . To permit minimum interior side yard setback for detached accessory building of 1.52 metres while 2.0 metres is permitted; 2. To permit maximum height of a detached accessory building or structure, except boathouses, greater than 4.5 metres (6.13 metres proposed); 3. To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (96.5 m2 proposed). In addition to the above, the review of the application has determined that a fourth variance is required, as follows: 4. To permit a maximum lot coverage of 6 percent, while 5 percent is permitted. The additional required variance does not materially change the application in terms of the sketches/plans and the form of development that has been circulated to the public and to agencies for review. Therefore, this additional variance may be considered without the need for further re-circulation. The effect of these minor variances will be to allow for replacement of the existing attached garage with a detached garage in the rear yard with a greater interior side yard setback than existing and a net increase in total gross floor area on the subject property. 4. Zoning Review Table 1 includes a review of the applicable zoning standards and confirms the minor variances required. As noted, it is my opinion that the proposed detached garage satisfies the definitions and requirements of an "accessory" structure. Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings, Where this By-law provides that land may . The proposed detached garage will Structures and Uses[By- be used or a building or structure may be have a smaller footprint and gross law 2017-012] erected or used for a purpose,that purpose floor area than the existing single may include any detached accessory detached dwelling on the property. buildings,accessory structures or accessory • The proposed detached garage will uses located on the same lot as the primary be similar in height and built form to use to which they are related.For the the existing dwelling and includes purposes of this by-law a retaining wall with windows on the front and sides. a height of 1.0 metre(3.2 feet)or more is • The proposed garage will be considered an accessory structure and is incidental or subordinate to the subject to the provisions of Section 5.1. main use of the property for a single detached dwelling and will replace, Development Services March 2, 2022 Report No. DS2022-021 Page 3 of 23 Page 106 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... and serve the same function as,the existing attached garage. 5.1.1 Uses Permitted in No detached accessory building or accessory • The plans submitted with this Detached Accessory structure shall be used for human habitation application show slab-on-grade Buildings and Structures or an occupation for gain,unless specifically construction of an accessory [By-law 2015-1921 permitted by this By-law.A detached structure for parking vehicles. accessory building or structure is permitted • The plans show no space assigned to contain sanitary facilities,including sink for human habitation or occupation and/or toilet,outside an area susceptible to and no sanitary facilities are flooding however kitchen facilities including proposed. food preparation facilities or facilities for the installation of kitchen equipment are prohibited 5.1.3 Permitted locations Unless otherwise specified in this By-law, • The proposed detached garage will for detached accessory detached accessory buildings and structures, be located in the rear yard and buildings and structures in except boathouses,shall: exceed the minimum rear yard all zones[By-law 2004- setback. 063,2015-192,2017-0121 a)Not be located in the front yard. • The proposed garage will be located Notwithstanding this provision,a detached greater than 1 metre from the private garage is permitted in the front yard existing single detached dwelling of a lot that abuts Lake Simcoe or Bass Lake and detached structure on the provided it is set back a minimum distance subject property. equal to the required front yard for the main • The proposed garage will be located building from the front lot line. 1.52 metres from the east property Notwithstanding this provision,a detached line while 2.00 metres is required accessory building is permitted in the front (variance required). yard in the Agricultural/Rural(A/RU)Zone provided it is not located in the required front yard.Notwithstanding this provision,a retaining wall with a height of 1.0 metres or more is permitted in the front yard in all Residential zones provided it is not within the required front yard. b) Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d) Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line.Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. e) Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres Development Services March 2, 2022 Report No. DS2022-021 Page 4 of 23 Page 107 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... (49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached 6.13 m proposed (variance required) accessory building or structure,except boathouses,is 4.5 metres(14.7 feet). 5.1.5 Maximum lot The maximum lot coverage of all detached 6%proposed(variance required) coverage accessory buildings and structures on a lot, excluding boathouses,is 5 percent. 5.1.6 Maximum floor area The maximum floor area of any one 96.5 m2(variance required) [By-law 2003-081,2017- detached accessory building or structure, 0121 excluding boathouses,is 70 square metres (753.5 square feet).However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 2 are applicable to this application. Table 2 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the longterm; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation, park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; Development Services March 2, 2022 Report No. DS2022-021 Page 5 of 23 Page 108 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... e) promoting the integration of land use planning,growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns,optimization of transit investments,and standards to minimize land consumption and servicing costs; f)improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h) promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. 1.1.4 Rural Areas in Municipalities 1.1.4.1 Healthy,integrated and viable rural areas should be supported by: a)building upon rural character,and leveraging rural amenities and assets; b) promoting regeneration, including the redevelopment of brownfield sites; c)accommodating an appropriate range and mix of housing in rural settlement areas; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e) using rural infrastructure and public service facilities efficiently; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; g)providing opportunities for sustainable and diversified tourism,including leveraging historical,cultural,and natural assets; h)conserving biodiversity and considering the ecological benefits provided by nature;and i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3. 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands,a planning authority shall apply the relevant policies of Section 1: Building Strong Healthy Communities, as well as the policies of Section 2:Wise Use and Management of Resources and Section 3:Protecting Public Health and Safety. 1.1.5.2 On rural lands located in municipalities,permitted uses are: a)the management or use of resources; b) resource-based recreational uses(including recreational dwellings); c)residential development, including lot creation,that is locally appropriate; d)agricultural uses,agriculture-related uses,on-farm diversified uses and normal farm practices,in accordance with provincial standards; e) home occupations and home industries; f)cemeteries;and g)other rural land uses. 1.1.5.3 Recreational,tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. Development Services March 2, 2022 Report No. DS2O22-021 Page 6 of 23 Page 109 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available,and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure I have reviewed the development proposal and requested minor variances and I am satisfied that the application is generally consistent and does not conflict with the applicable policies of PPS 2020. The proposal and requested minor variances will maintain the existing low density residential character of the subject property and surrounding community while allowing for enhanced and efficient use of the subject property as a single detached dwelling. The requested minor variances will not result in height, massing or location that would adversely impact adjacent properties or public health and safety. There will also be no adverse impacts to important natural heritage features on or in close proximity to the subject property. The proposed detached garage will also result in built form that is consistent and compatible with the residential character of the surrounding community. The location of the proposed detached garage allows for continued use of the existing driveway for access and increases the interior side yard setback to the east property line relative to existing conditions. The proposed floor area partially replaces the existing attached garage as opposed to representing completely new floor area, and will be accessory to the existing single detached dwelling. The proposed height and massing of the detached garage will be consistent and complementary to the existing dwelling on the subject property while also being secondary and accessory in scale to the dwelling. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 3 are applicable to this application. Table 3 - Policy Matrix (A Place to Grow— Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. Development Services March 2, 2022 Report No. DS2022-021 Page 7 of 23 Page 110 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. 2.2 Policies for Where and 2.Forecasted growth to the horizon of this Plan will be allocated based on the following: How to Grow a)the vast majority of growth will be directed to settlement areas that: 2.2.1 Managing Growth i.have a delineated built boundary; ii.have existing or planned municipal water and wastewater systems;and iii.can support the achievement of complete communities; c)within settlement areas,growth will be focused in: i.delineated built-up areas; ii.strategic growth areas; iii.locations with existing or planned transit,with a priority on higher order transit where it exists or is planned;and iv.areas with existing or planned public service facilities; d)development will be directed to settlement areas,except where the policies of this Plan permit otherwise; e)development will be generally directed away from hazardous lands;and f)the establishment of new settlement areas is prohibited. 2.2.9 Rural Areas 3.Subject to the policies in Section 4,development outside of settlement areas may be permitted on rural lands for: a)the management or use of resources; b) resource-based recreational uses;and c)other rural land uses that are not appropriate in settlement areas provided they: i.are compatible with the rural landscape and surrounding local land uses; ii.will be sustained by rural service levels;and iii.will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations. 6.New multiple lots or units for residential development will be directed to settlement areas,but may be allowed on rural lands in site-specific locations with approved zoning or designation in an official plan that permitted this type of development as of June 16, 2006. 4.2.6 Agricultural System 3.Where agricultural uses and non-agricultural uses interface outside of settlement areas,land use compatibility will be achieved by avoiding or where avoidance is not possible,minimizing and mitigating adverse impacts on the Agricultural System.Where mitigation is required,measures should be incorporated as part of the non-agricultural uses,as appropriate,within the area being developed.Where appropriate,this should be based on an agricultural impact assessment. 4.The geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network will be maintained and enhanced. It is my opinion that the development proposal generally conforms to the applicable Growth Plan policies on the basis that the proposal represents enhanced and more efficient of an existing low density residential use and does not include any extensions or upgrades are required to existing services or infrastructure to support the proposed detached structure. The proposal is consistent with the existing low density residential character of the surrounding community and there will be no adverse impacts on Development Services March 2, 2022 Report No. DS2022-021 Page 8 of 23 Page 111 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... agricultural lands, natural heritage, hydrologic and landform systems, features and functions. 3. Lake Simcoe Protection Plan The Subject Property is completely located within the regulated area of the Lake Simcoe Region Conservation Authority (LSRCA) and subject to the policies of the Lake Simcoe Protection Plan. Chapter 6 specifically relates to Shorelines and Natural Heritage and includes the following targets: • No further loss of natural shorelines on Lake Simcoe; • Achieve a greater proportion of natural vegetative cover in large high quality patches; • Achieve a minimum 40 percent high quality natural vegetative cover in the watershed; • Achieve protection of wetlands; • Achieve naturalized riparian areas on Lake Simcoe and along streams; • Restore natural areas or features; and • Achieve increased ecological health based on the status of indicator species and maintenance of natural biodiversity. Given that the requested minor variances facilitate removal of the existing attached garage and construction of a detached garage in the rear yard, it is my opinion that there will be no adverse impacts to the Lake Simcoe watershed and shoreline, and the proposal and requested minor variances will conform to the applicable policies of the Lake Simcoe Protection Plan. 4. Simcoe County Official Plan The subject property is designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. On the basis of my review of the specific policies of the Simcoe County Official Plan provided in Table 4, it is my opinion that the proposal for the subject property and the requested minor variances maintain the general purpose and intent of the County of Simcoe Official Plan. The use, size and scale of the proposed detached garage will be "accessory" in nature relative to the existing single detached dwelling and will be in a location that is appropriate for access from the driveway and dwelling, as well as to mitigate any impacts to surrounding properties. The detached garage also provides appropriate rear and front yard setbacks and an increased interior side yard setback relative to existing conditions. The proposed detached garage will not adversely impact any existing natural heritage characteristics on and adjacent to the subject property or result in public health and safety concerns. The proposal will also have no adverse impacts on the existing rural character of the subject property and the surrounding community. Development Services March 2, 2022 Report No. DS2022-021 Page 9 of 23 Page 112 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... While the proposed minimum interior side yard setback to the detached accessory building of 1.52 metres is less than the 2.0 metres required, the proposal will increase the setback from the existing condition of 0.60 metres and also move the structure further into the rear yard than the existing attached garage, providing greater spatial separation from the existing dwelling to the east. The proposed height of 6.13 metres will be in keeping with the built form character of the existing dwelling on the property and the character of structures in the surrounding area. This height will also be mitigated by the increase in the easterly interior side yard setback and the location of the detached structure in the rear yard as opposed to attached to the dwelling. The proposed floor area is considerably less than the existing dwelling and is also partially replacing the existing attached garage. Therefore, the net increase in floor area on the property is less than the 96.5 m2 proposed for the detached garage. The garage will accessory to the dwelling in form and function with its prominence on the subject property mitigated by its location in the rear yard an increase in the interior side yard setback and provision of front and rear yard setbacks that exceed the minimum requirements. The requested increase in the maximum permitted lot coverage for detached structures will be mitigated by the reduction in floor area and lot coverage resulting from the removal of the existing attached garage. The proposed detached structure will also be located in the rear yard, largely screened from the public realm by the existing dwelling and set back further from the east property line than the existing attached garage. Table 4 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy The planning strategy of this Plan is based on four themes: Development Services March 2, 2022 Report No. DS2022-021 Page 10 of 23 Page 113 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... 3.1 Strategy • Direction of a significant portion of growth and development to settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry, aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.7 Rural Objectives 3.7.1 To recognize,preserve and protect the rural character and promote long-term diversity and viability of rural economic activities. 3.7.2 To encourage maintenance,protection,and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas. Policies 3.7.3 Lands in the Rural designation shall be the focus of rural and agricultural land uses. 3.7.4 The following are permitted in the Rural designation: a)those land uses permitted in the Agricultural designation; b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); d) limited residential development,subject to Section 3.7.11; e) home occupations and home industries; f)cemeteries;and, g)other rural land uses. 5. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 5 addresses the applicable policies. It is my opinion that the development proposal and requested minor variances maintain the general purpose and intent of the Official Plan for the following reasons: Development Services March 2, 2022 Report No. DS2022-021 Page 11 of 23 Page 114 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... • The development proposal and requested minor variances will have no impacts on natural heritage features on the subject property and the surrounding areas; • No new services or infrastructure are proposed to support the accessory structure; • The proposed structure maintains the built form and land use character of the subject property as a single detached dwelling, which is consistent and compatible with the surrounding community; and • The subject property is located within the "Shoreline" area and the development proposal will make enhance the use of these lands in a manner that is compatible with the community and respects and preserves the context and single detached character of the property relative to surrounding land uses. The requested minimum interior side yard setback to the detached accessory building will be greater than the existing setback to the attached garage, in conjunction with the garage being moved into the rear yard and further from the neighbouring dwelling to the east. As a result, the proposed reduction of this setback will have no adverse impact on the character of the subject property and surrounding community. The proposed height of the detached garage will maintain the built form character of the existing dwelling on the property and the character of structures in the surrounding area. Greater spatial separation will be provided between the proposed detached structure and surrounding properties than under current conditions. The increase in the east interior side yard setback (relative to existing conditions) and provision of front and rear yard setbacks that exceed the minimum requirements will mitigate the impacts of the requested height. Moreover, no windows are doors are proposed on either side of the proposed structure. While the proposed floor area exceeds the maximum permitted for a detached structure, the majority of the floor area represents replacement of the attached garage to be demolished as part of the proposal. As a result, the garage floor area will be moved into the rear yard, increasing the east interior side yard setback and the proximity of the garage to the adjacent dwelling. The increase in the lot coverage associated with detached structures on the subject property will be mitigated by the reduction in lot coverage associated with removal of the attached garage. The increase in permitted lot coverage for detached structures from 5% to 6% will not adversely impact the open space character of the subject property or its ability to accommodate stormwater infiltration and runoff. Table 5 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES Development Services March 2, 2022 Report No. DS2022-021 Page 12 of 23 Page 115 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... It is the goal of this Plan to protect and enhance significant natural heritage features A2.1 Natural Heritage and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. SECTION C5—SHORELINE C5.1 OBJECTIVES •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. C5.2 PERMITTED USES Permitted uses on lands designated Shoreline on the schedules to this Plan are single detached dwellings,existing marinas,small scale commercial uses such as convenience stores,public parks,bed and breakfast establishments subject to Section C1.3.10 and home occupations. 6. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Residential One Zone (R1)", which permits single detached dwellings and accessory buildings/structures. This application includes minor variances to permit a proposed detached accessory garage in the rear yard of the subject property that exceeds the maximum permissions for height and floor area and the minimum requirement for an interior side yard setback. This application is based on the proposed detached garage being accessory to the existing single detached dwelling. The proposed detached garage is smaller in floor area and lot coverage than the principle dwelling and will provide parking for residents of the dwelling. The garage will also replace the existing attached garage as opposed to representing completely net new floor area on the property. The application and plans indicate that the structure will be used as a garage and there is no indication that this space will be used for human habitation or business purposes. In any event, such uses Development Services March 2, 2022 Report No. DS2022-021 Page 13 of 23 Page 116 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... would not be permitted under the Zoning By-Law. For these reasons, it is my opinion that the proposed detached garage satisfies the definition of "Accessory Building or Structure" under the Zoning By-Law as it will be "naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot". The requested height of 6.13 metres is an increase above the maximum permitted of 4.5 metres but will be relatively consistent with that of the existing single detached dwelling and the built form in the surrounding community. The location of the detached structure in the rear yard with rear and front yard setbacks that exceed the minimum requirements, in conjunction with an increase in the east interior side yard setback relative to existing conditions, will mitigate the impacts associated with this increase in height. In addition, no windows or doors are proposed on either side of the detached structure that would create the potential for privacy concerns. The requested minor variance for maximum floor area is smaller than the primary dwelling and will serve the purpose of parking of vehicles directly related to the primary use. The result will be a detached structure that is smaller in lot coverage and floor area than the principle dwelling and uses that are accessory to the residential use in the principle dwelling. No sanitary or kitchen facilities will be provided on either floor and human habitation is not permitted under the prevailing zoning regulations. The additional floor area is mitigated by the fact that existing attached garage floor area will be removed as part of the proposal. It is my opinion that the requested minor variances maintain the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services March 2, 2022 Report No. DS2022-021 Page 14 of 23 Page 117 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variances will facilitate construction of a detached building that is accessory to the principle dwelling on the property. The detached garage will be smaller in floor area and lot coverage than the primary dwelling and will replace an existing attached garage while also providing an accessory storage function for residents of the dwelling. The use of the ground floor as a garage with no human habitation or business uses is incidental and subordinate to the dwelling. The development proposal and requested minor variances will have no impacts on natural heritage features on the subject property. Overall, the existing character of the subject property as a single detached dwelling is maintained and the variances proposed to the regulations for height, floor area, lot coverage and interior side yard setback will not result in adverse impacts to adjacent land uses. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The proposed detached garage is an "Accessory Structure" set out under the Zoning By-Law. The proposed location, height, lot coverage and floor area of the accessory structure, in conjunction with the proposed garage and storage uses, maintain the existing built form character on the subject property and will implement the general purpose and intent of the Official Plan. Are the variances desirable for the appropriate development of the lot? Yes. The minor variances will maintain the general purpose and intent of the Official Plan and Zoning By-Law and facilitate construction of a detached structure that is subordinate or accessory to the existing single detached dwelling. The existing built form character and use of the subject property for a single detached dwelling with accessory structures will be maintained and will be compatible with the surrounding community. Moreover, the proposed garage will facilitate more orderly and functional use of the subject property as single detached dwelling without adversely impacting the residential character and natural heritage features in the community. Are the variances minor? Yes. The requested height is consistent with the existing single detached dwelling and will provide complementary built form. The proposed floor area and footprint of the detached garage are smaller than the primary dwelling and will serve a vehicle parking function that is directly related to the dwelling. There will also be no activity generated by such uses are human habitation or business operations. The proposed structure will be located in an area that minimizes impacts to natural heritage features and existing land uses in the surrounding area. Finally, the minor variances to permit the detached structure will not result in adverse impacts to the existing uses and built form character on the subject property and in the surrounding residential community. Development Services March 2, 2022 Report No. DS2022-021 Page 15 of 23 Page 118 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. This application is consistent with the following goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — No comments on this application. • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Building - 1. Ensure On-Site Sewage System clearances are in compliance with 8.2.1 .6. of the Ontario Building Code; 2. Applicant/owner to be aware of Building Code requirements for construction of exposed building face and exposed openings. • Lake Simcoe Region Conservation Authority — Recommend approval of the application subject to the Owner providing payment of $525.00 to the LSRCA as per the LSRCA Fee Schedule for review of this Minor Variance Application and the Owner shall obtain LSRCA permit ahead of any development or site alteration to occur on-site. • Bell Canada — No comments or concerns with this application. Development Services March 2, 2022 Report No. DS2022-021 Page 16 of 23 Page 119 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2022-A-04 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services February 25, 2022 Andria Leigh, Deputy CAO & Director Development Services February 25, 2022 Development Services March 2, 2022 Report No. DS2022-021 Page 17 of 23 Page 120 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... Schedule 1: Location Map 567 "i 573 577 581 tlJ 600 C J 768 792 2808 14 2816 2820 2826 2832 E 2kr@ 2739 2729 2844 Lake Simcoe 2858 28fi8 265 Schedule 1 OW Location ' �V0. O [7 e EDSubject Lands Proud Heritage,Exciting Future y 0 100 M File Number:2022-A-04 4? 1 i i i 1 Development Services March 2, 2022 Report No. DS2022-021 Page 18 of 23 Page 121 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo .t' l 'yS Y n � ksS�orP R a� Schedule 2 Aerial Photo ��JJ'/� Subject Lands Fraud Heritage,Exciting Future 0 20 M File Number:2022-A-04 Development Services March 2, 2022 Report No. DS2022-021 Page 19 of 23 Page 122 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos Existing Attached Garage(to be demolished) Existing East Side Yard on Subject Property Development Services March 2, 2022 Report No. DS2022-021 Page 20 of 23 Page 123 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... t n Proposed Location for Detached Garage(looking north) 11 Y Existing West Side Yard Schedule 4: Site Plan .9.. 94.{C E4lf�Oieplk Tittii 'rew"em Syawft 75 to&B DTA to OT-3 ,99'7 �t E�a+^p G•ea*s r>a�. -� f P ma`s 1.52 m REVISED . (5.00 ft) 16'd Sm NEW GARAGE WILL BE MIN. ACTUAL PROPOSED BEPM TANK WILL EDGE OF SEPTIC ua za'x zz• LOCATION., 2STOREY GARAGE �.0 a•�a^{o.smJ O•dldd WW 150. = P /elms o,adrq,Wne � �f � EXISTING GARAGE TO BE DEMOLISHED R�do'sd •� J 5 Development Services March 2, 2022 Report No. DS2022-021 Page 21 of 23 Page 124 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings 0 oim� z5" 20'_1 t FRONT ELEVATION WEST ELEVATION ins^-�{r aae^-ror 25' 14'-82" REAR ELEVATION EAST ELEVATION 8• 10' Development Services March 2, 2022 Report No. DS2022-021 Page 22 of 23 Page 125 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... 28' LVL C.B. 00 � m 22' o a 2-2x6 LVL D.B.0 MAIN FLOOR PLAN g 2-2A i 3' 5CI SSOR TRUS8ES D.5.0 21' 20'-l" 2-2x6 1-9 LOFT PAN -1,1 Development Services March 2, 2022 Report No. DS2022-021 Page 23 of 23 Page 126 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: February 10, 2022 11:51 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: [External] RE: Notice of Public Hearing - Development Services Committee Meeting March 02, 2022 (2022-A-04) Squirrell Good morning Abbey, Bell Canada has no comments or concerns regarding this Notice. Thank you, Mary Mary McCartney Bell Canada - Right of Way Associate Floor 2, 140 Bayfield St Barrie, ON L4M 3B1 705-722-2219 or1-888-497-8735 Page 127 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... From: Saunders, David Sent: February 10, 2022 10:48 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-04) Squirrell 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 Submission. Regards Page 128 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... From: Saunders, David Sent: February 18, 2022 9:58 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing (Revised) - Development Services Committee Meeting March 02, 2022 (2022-A-04) Squirrell No Changes to previous Comments provided. Regards Page 129 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... From: Metras, Justin Sent: February 10, 2022 10:52 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-04) Squirrell Abbey Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 130 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... From: Metras, Justin Sent: February 22, 2022 7:06 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: Re: Notice of Public Hearing (Revised) - Development Services Committee Meeting March 02, 2022 (2022-A-04) Squirrell Abbey Operations has no comment on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 131 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... From: Wilson, Delanie Sent: February 14, 2022 3:36 PM To: Planning<Planning@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-04) Squirrell Good afternoon, Building Division Comments are as follows: 1. Ensure On-Site Sewage System clearances are in compliance with 8.2.1.6. of the Ontario Building Code 2. Applicant/owner to be aware of Building Code requirements for construction of exposed building face and exposed openings Kind regards, Page 132 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... From: Wilson, Delanie Sent: February 22, 2022 2:17 PM To: Planning<Planning@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca> Subject: FW: Notice of Public Hearing (Revised) - Development Services Committee Meeting March 02, 2022 (2022-A-04) Squirrell Good afternoon, The Building Division comments remain the same. Please see comments below: 1. Ensure On-Site Sewage System clearances are in compliance with 8.2.1.6. of the Ontario Building Code 2. Applicant/owner to be aware of Building Code requirements for construction of exposed building face and exposed openings Kind regards, Page 133 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail only: planning@oro-medonte.ca February 18, 2022 Municipal File: 2022-A-04 LSRCA File No.:VA-184183 Andy Karaiskakis, Secretary Treasurer Committee of Adjustment, Township of Oro-Medonte 148 Line 7 S. Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application Owner: Carol Squirrell Agent: Nigel Squirrell 2814 Lakeshore Rd. East, Oro-Medonte Thank you for circulating the captioned application to the Lake Simcoe Region Conservation Authority(LSRCA) for review and comment. It is our understanding that the applicant is proposing to demolish an existing attached garage and construct a new detached garage (accessory building). The applicant is seeking relief to the following sections of Township Zoning By-law 97-95: Section 5.1.3(d)—Minimum interior side yard setback for detached accessory building Required: Proposed: 2.0 metres (6.56 feet) 0.6 metres (1.97 feet) Section 5.1.4- Maximum height for detached accessory building Required: Proposed: 4.5 metres (14.7 feet) 6.13 metres (20.1 feet) Section 5.1.5 - Maximum floor area for detached accessory building Required: F96.5 osed: 70 square metres (753.5 square feet) square metres (1038.7 square feet) Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated February 10, 2022 • Applicant's Site Plan • Applicant's Elevation Drawings and Floor Plans 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3w3 F 905.853.5881 Member of Conservation Ontario Page 134 o-fF355.800.465.0437 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township PlanlpMvrs t� Imt Page 2of5 Staff has reviewed this application as per our delegated responsibility from the Province of Ontario to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement, 2020 (PPS) and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments as per our Memorandum of Understanding (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 Conservation Authority(CA) Board approved policies. Finally,the 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 hazard policies of the PPS, and other applicable Provincial, County, and Local plans. On this basis, we recommend that any approval of this application be subject to the following conditions: • The Owner shall provide payment of$525.00 to the LSRCA as per our approved Fee Schedule for review of this Minor Variance Application. • That the Owner shall obtain LSRCA permit ahead of any development or site alteration to occur on-site. Site Characteristics The subject property is entirely regulated, as per Ontario Regulation 179/06 of the Conservation Authorities Act. This is due to the Lake Simcoe shoreline, and its associated Shoreline Hazard Area, as well as the Provincially Significant Wetland (PSW) feature present on-site. It appears that the PSW feature is towards the rear of the property, with its minimum vegetation protection zone covering the remainder of the property, towards Lakeshore Rd. East. The property is designated as "Rural" as per the County of Simcoe Official Plan. The property is designated as "Shoreline", in the Township of Oro-Medonte Official Plan, and appears to have both "Environmental Protection One" and "Environmental Two" overlay towards the rear of the property. The property is zoned "Residential One" or"R1", by the Township Zoning By-law 97-95. Page 135 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township PlanlpMvrs t� Imt Page 3of5 2814 Lakeshore Rd.East,Ciro-Medonte Features Lake Sirn[ce R¢gian LSRCA Watershed Boundary -onservacK7n alt[hvnty Q LSPP Watershed Boundary — Regulation Boundary Regulation Area 2 N SH RE Assessment Parcel Lot and Concession Watercourse Roads ,wy wa sa.. Hi(ymav,r,�an 282 A NESR[IRE RO c�alawe Railway Q Lower Tor Municipality r L4N 5MDpE FCiI .6 r( , 'FAKE RE R E8 fa ua+E 4KUFE FGE :808 LA'KE5WOPE F.O E ' s :vinnn`0' A yJI10ESHOAE RU Y V wweay. +wnwrr..a s,�. es«++rwres 3^..':E i45 - �rY�en�r=rao�ns Ilry�� eiU��ee scare 1. 811 Meters 31 0 21 41 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The proposal has been determined as consistent with Section 3.1 of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The subject property is entirely regulated, as per Ontario Regulation 179/06 of the Conservation Authorities Act.A permit from the LSRCA is required for this Minor Variance Application. Page 136 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township PlanlpMvrs t� Imt Page 4of5 Advisory Comments 3. The LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte in that we provide through our role as a public body, pursuant to the Planning Act. Lake Simcoe Protection Plan (LSPP) Designated Policy 6.23 identifies that development and site alteration is not permitted within a key natural heritage feature, or key hydrogeological feature (such as a PSW feature) or its related minimum vegetation protection zone. Policy provides for some exceptions to this, relevant to this proposal is 6.45- DP, which provides guidance for existing uses. 6.45-DP c. states: "The development permitted in b., expansion to existing buildings or structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan 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" 6.45-DP d. states: "The expansion to existing agricultural buildings and structures, residential dwellings and accessory uses to both, may be considered within a key natural heritage feature, a key hydrologic feature, and any minimum vegetation protection zone associated with these features or the Lake Simcoe shoreline, if it is demonstrated that: i. there is no alternative to the expansion or alteration and the expansion or alteration is directed away from the feature and vegetation protection zone to the maximum extent possible, and, ii. the impact of the expansion or alteration on the feature and its functions is minimized to the maximum extent possible." 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 hazard policies of the PPS, and other applicable Provincial, County, and Local plans. On this basis, we recommend that any approval of this application be subject to the following conditions: • The Owner shall provide payment of$525.00 to the LSRCA as per our approved Fee Schedule for review of this Minor Variance Application. • That the Owner shall obtain LSRCA permit ahead of any development or site alteration to occur on-site. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been determined. 2. Ontario Regulation 179/06 applies to the subject property. An LSRCA permit is requested. 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 decisions with regard to this matter. Page 137 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planl4Mvrsat Imt Page 5of5 Sincerely, A�� Liam Munnoch, Planner 1, LSRCA Page 138 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... From: Rita Sent: February 22, 2022 3:36 PM To: Planning<Planning@oro-medonte.ca> Cc: Rita Subject: [External] Response to hearing of Minor Variance Application 2022-A-04 scheduled for March 2 Importance: High Feb. 22, 2022 To:Township of Oro Medonte Re: Minor Variance Application 2022-A-04 Hearing Date: March 2, 2022 Owner: Carol Squirrell Agent: Nigel Squirrell Subject Lands: 2814 Lakeshore Rd. E. My name is Rita Kovacs and I live at 2816 Lakeshore Rd. E. and am the neighbour of the applicants. I have no issue with Section 5.1.4(maximum height) or Section 5.1.5 (maximum floor area), but I do have an issue with Section 5.1.3(d) (minimum interior side yard setback). I feel 0.6 metres from the property line is too close and would pose a drainage problem for me. My property would also be dug up if allowed at this distance. Also, any future property development 1, or any future owner may have would be impacted. I would appreciate if you could notify me by email of your decision Thankyou Rita Kovacs Page 139 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planwning ConsultantAd ... 4 w a w N y.� O pYp CI N N N" 4v O Qo E r '^., N5 YL eu�� N � N O N O C6 U " Q a) O N U O � U _ ca W C: C:O O 4-0 c� _0 O o cU LL 4-0 o o cn a) a O o . . cU cU . . a _M . . - a V � ■� ■� a) O O i ■� L O 00 O t: -c— C C J N N O C/) W W Page 140 of 355 6.b) 6.10 p.m. DS2022-021 , Michael Barton, Township Planning Consultant ... rr1 l l to _0 4-0 O o x (6 -0 U a) L a a) E a -1.-' O (6 L 0) rn CU N M N to a� a) a O L (3 - Cl O �, o � U �a, o �; -v o � a� O O IN � o � cL N L E _0 CU 4- L - �' 6. N 0) o 0 O L o a) a) a) U W E N (onE U p 1( � (U to C 'U) S_ }, a) CO (D Ln y 0 Z3 O (fl M U LOOo G: r (UacD' oarn Q 0) a) Q O _0 �, �. 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File #: 4346-010-011-29400 111 Robinson Street D13 60382 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-027 be received and adopted. 2. That Minor Variance Application 2022-A-05 by Halina Krzywucka specifically to permit the construction of a single detached dwelling with a reduced interior side yard setback to 2.0 metres (6.5 feet), a deck setback from the average high water mark of 18.12 metres (59.44 feet) and a driveway setback of 1 .80 metres (5.9 feet) on lands municipally known as 111 Robinson Street, be approved, subject to the conditions as outlined in Report DS2022-027. 3. The conditions are as follows: a) That notwithstanding Table B1 — SR, interior side yard, Section 5.20.2.3 a) — Setbacks for driveways accessing single detached dwellings and Section 5.7 — Decks, 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 applicant maintains or enhances the existing vegetation along the interior side lot line; d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling is no closer than 2.0 metres (6.5 feet) from the interior lot line and the deck is no closer than 18.12 metres (59.44 feet) to the average high water mark of Lake Simcoe (219.15 m G.S.0 Datum); Development Services March 2, 2022 Report No. DS2022-027 Page 1 of 10 Page 150 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, Lake Simcoe Region Conservation Authority Permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.23 hectares (0.56 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 is proposing to demolish the existing dwelling and construct a new two-storey single detached dwelling and is seeking relief to the following sections of Zoning By-law 97-95: Table B1 — SR, interior side yard Required. Proposed: 3.0 metres (9.8 feet) 12.0 metres (6.5 feet) Section 5.20.2.3 a) — Setbacks for driveways accessing single detached dwellings Required. Proposed: 3.0 metres (9.8 feet) to the interior lot line 1 .80 metres (5.9 feet) Section 5.7 — Decks Required: Proposed: Decks attached to a single detached 18.12 metres (59.44 feet) dwelling are not permitted within 20 metres (65.6 feet) of the average high water mark of Lake Simcoe The applicant's site plan drawing is included as Schedule 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 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. Development Services March 2, 2022 Report No. DS2022-027 Page 2 of 10 Page 151 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas/Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to Lake Simcoe. Section 2.2 — Water aims to "protect, improve or restore the quality and quantity of water". Section 3.1 Natural Hazards to ensure the safety of people and structures. The application is consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS as the proposed development is not anticipated to impact any natural features or functions. The location of the proposed structure is regulated by the LSRCA and 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 which will protect the lake during construction. Planning Staff is of the opinion that with the supportive LSRCA comments that have been received, this application conforms to the PPS, 2020. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already within an established residential subdivision. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their Official Plans. However, this policy is relevant due to the proximity of the lands to an inland lake (Lake Simcoe). The subject lands are not located within any natural heritage designations identified in the Township's or County's Official Plans. Furthermore, pursuant to Section 4.2.4.5 of the Growth Plan 2020, the proposed development is permitted, as the subject lands are located within a developed shoreline area. Planning Staff is of the opinion that with the supportive LSRCA comments that have been received, this application conforms to A Place to Grow, 2020. County Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). The Rural designation permits limited residential development. Development Services March 2, 2022 Report No. DS2022-027 Page 3 of 10 Page 152 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... In Planning Staff's opinion, the applicant's Minor Variance application conforms to the County's Official Plan as the proposed structures are permitted on the subject lands. Lake Simcoe Protection Plan (LSPP) The subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated this application and reviews applications in the context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has provided comments on this application and have no objections to the application and will require the applicant to obtain an LSRCA Permit. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variances are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned 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 interior side yard setback is to provide spatial separation between structures and the lot line, as well as to provide space for access, maintenance and drainage around buildings and landscaping. Planning Staff believe that the proposed setback will provide an adequate setback from the lot line to achieve the Development Services March 2, 2022 Report No. DS2022-027 Page 4 of 10 Page 153 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... above-noted considerations. The applicant has received a letter of support from the neighbour who which the proposed variance would affect. The primary purpose of the setback from Average High Water Mark setback is to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. The location of the proposed unenclosed deck is regulated by the LSRCA and will be required to obtain a LSRCA Permit. The requirement for a setback for a residential driveway upon entrance into a property is to provide separation from the lot line to reduce vehicle turning movement conflicts between neighbouring properties and to clearly distinguished driveways for emergency services. The applicant is looking to legalize the existing driveway setback and the Township's Operations Division has not identified any concerns. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structures to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the proposed single detached dwelling would be visible from the neighbouring properties, however, there is mature vegetation on the interior lot line to provide a buffer to the proposed structure and a letter of support from the affected neighbour. The proposed structure will not interfere with functional matters such as parking and the septic system. Planning Staff have added a condition to require that the interior side yard vegetation be maintained. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as the building is not anticipated to have an adverse impact on the neighbourhood. The proposed variance will keep the existing driveway and mature vegetation in place, therefore providing a buffer for the proposed structure from the neighbourhood. Positive comments from LSRCA have been received which confirms the setback from the average high water mark of Lake Simcoe for the proposed deck is acceptable. 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. Development Services March 2, 2022 Report No. DS2022-027 Page 5 of 10 Page 154 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection, ELG required • Township Building Services o On-Site Sewage System clearances shall conform to 8.2.1 .6. of the Ontario Building Code o Owner/applicant to be aware of Ontario Building Code requirements of construction of exposed building face and unprotected openings • Township Infrastructure and Capital Projects — No objection • Bell Canada — no comments • Lake Simcoe Region Conservation Authority — no objection, permit required • Letter of support from neighbor Development Services March 2, 2022 Report No. DS2022-027 Page 6 of 10 Page 155 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Applicants Proposed Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-05 be approved, specifically, to permit the construction of a single detached dwelling with a reduced interior side yard setback to 2.0 metres (6.5 feet), a deck setback from the average high water mark of 18.12 metres (59.44 feet) and a driveway setback of 1.80 metres (5.9 feet) on lands municipally known as 111 Robinson Street, 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 February 24, 2022 Andria Leigh, Deputy CAO/Director, Development Services February 24, 2022 Development Services March 2, 2022 Report No. DS2022-027 Page 7 of 10 Page 156 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location Map �1VacepRd- -Maone Nn•Rd. HII—h.Llley+U. I r —I ole.g_rrie .C, - C Robinson St, 145 115 123 127 131 133 135 101 105 109 11-1 113 117 81 83 85 87 89 91 93 95 97 99 1 Lake Simcoe Schedule 1 � Location � Township of ®Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2022-A-05 N I i i I I Development Services March 2, 2022 Report No. DS2022-027 Page 8 of 10 Page 157 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo v11a.erad. - one Hrn•Rd. Ha.-h�I-VOWly+IRd. ' I Ow. J £.id 7 Schedule 2 Aerial Photo luwruhijl of Subject Lands Proud Heritage,Exciting Future 0 30 M File Number:2022-A-05 N I i i Development Services March 2, 2022 Report No. DS2022-027 Page 9 of 10 Page 158 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants Proposed Site Plan i7 3yw . 1 Fr yp a I j I j I e -J j j j I s _ i I� j 7 2 O I 0 I I I Schedule 3 Applicant's Site Plan �— File Number 2022-A-05 Prntad Heritage,Excr:aiaQ FNraere Development Services March 2, 2022 Report No. DS2022-027 Page 10 of 10 Page 159 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: February 10, 2022 11:53 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: [External] RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-05) Krzywucka Good morning Abbey, Bell Canada has no comments or concerns regarding this Notice. Thank you, Mary Mary McCartney Bell Canada - Right of Way Associate Floor 2, 140 Bayfield St Barrie, ON L4M 3B1 705-722-2219 or1-888-497-8735 Page 160 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... From: Saunders, David Sent: February 10, 2022 11:19 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-05) Krzywucka Development Engineering has No Objection to the above noted Application. An Engineered Lot Gradin Plan (ELG) shall be required at the time of Building Permit Application. Regards Page 161 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... From: Metras,Justin Sent: February 10, 2022 11:10 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-05) Krzywucka Abbey Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 162 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... Committee of Adjustment Oro-Medonte RE: 111 Robinson St—proposed new replacement cottage—Minor Variance Application To whom it may concern We are the owners of 109 Robinson St which is adjacent to 111 Robinson St. We have seen plans of the proposed cottage and are aware of the fact that the owner would like to build it a bit closer to the side lot line than zoning bylaw requires and is proposing a setback of 2.Om instead of 3.0m. This is to confirm that we have no objection to the proposed cottage and its location. Name Signature Date Name Si Date Page 163 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... From: Wilson, Delanie Sent: February 14, 2022 3:50 PM To: Planning<Planning@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-05) Krzywucka Good morning, The Building Division Comments are as follows: 1. On-Site Sewage System clearances shall conform to 8.2.1.6. of the Ontario Building Code 2. Owner/applicant to be aware of Ontario Building Code requirements of construction of exposed building face and unprotected openings Kind regards, Page 164 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail only: planning@oro-medonte.ca February 18, 2022 Municipal File: 2022-A-05 LSRCA File No.:VA-168685 Andy Karaiskakis, Secretary Treasurer Committee of Adjustment, Township of Oro-Medonte 148 7 Line S. Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application Owner: Halina Krzywucka 111 Robinson St., Oro-Medonte Thank you for circulating the captioned application to the Lake Simcoe Region Conservation Authority(LSRCA) for review and comment. It is our understanding that the applicant is proposing to demolish the existing dwelling and construct a new two-story single-detached dwelling. The applicant is seeking relief to the following sections of Township Zoning By-law 97-95: Table 131-SR, interior side yard FRequired: Proposed: 3.0 metres (9.8 feet) 2.0 metres (6.5 feet) Section 5.20.2.3 a)—Setbacks for driveways accessing single detached dwellings Required: Proposed: 3.0 metres (9.8 feet)to the interior lot line 1.80 metres (5.9 feet) Section 5.7 - Decks Required: Proposed: Decks attached to a single detached 18.12 metres (59.44 feet) dwelling are not permitted within 20 metres (65.6 feet) of the average high water mark of Lake Simcoe Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated February 10, 2022 • Applicant's Site Plan 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 165 o-fF355.800.465.0437 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: MAepsiV®ul 8eveA... conservation authority Page 2of3 Staff has reviewed this application as per our delegated responsibility from the Province of Ontario to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement, 2020 (PPS) and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments as per our Memorandum of Understanding (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 Conservation Authority(CA) Board approved policies. Finally,the 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 this application, it is determined that the proposal is generally consistent with, and in-conformity with the natural hazard policies of the PPS, and other applicable Provincial, County and Local plans. On this basis, we recommend that any approval of this application be subject to the following conditions: • The Owner shall provide payment of$525.00 to the LSRCA as per our approved Fee Schedule for review of these Consent Applications. • That the Owner shall obtain LSRCA permit ahead of any development or site alteration to occur on-site. Site Characteristics The subject property is partly regulated, as per Ontario Regulation 179/06 of the Conservation Authorities Act. This is due to Lake Simcoe, and its Shoreline Hazard Area. The property is designated as "Rural" as per the County of Simcoe Official Plan. The property is designated as "Shoreline" in the Township of Oro-Medonte Official Plan and is zoned "Shoreline Residential" or"SR"Zone. Page 166 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: N40e.)OV668weA... conservation authority Page 3 of 3 0 Lake 5lmtoe R4on 111 Robinson 5t.,Oro-Medonte Features conservation authority ❑ LSRCA Watershed Boundary [3 LSPP Watershed Boundary — Regulation Boundary Regulation Area Assessment Parcel 9 N I S Lot and Concession — Wa[ercx�urse R IN $T Roads kwy dg6Sores IAgNray.helefdla t T LmW Raw 117 ROBINS N ST Railway © Lower Tier Municipality 11 R T ,w I"ROBINSON S1 �° epg. BINS N T 105 ROBINS N ST Pn on. . 211 W2022 ■Vi +.ra�r_atin.. r.4ov.ey. d. ROBI ST dr.rm s.m.r o,r.�...wr�,+s�•m ei.w ..r'r,.or.�mwara.wwww.a wnwwy.sau r�.orrm.�rr�ew+r.a.rr.mawpv .yre rn.wr�r�r�+wr..r. g ROBINS NST aaeelwvldl wrinlm,ays.rlyslr..e.rr Irrsa+r.w run..r.mn nw nrcn ti.arr.i..� e_._sowm. Scale 1: 91 1 motors 41 0 21 41 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020).The proposal has been determined as consistent with Section 3.1 of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06.This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. Page 167 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: MAe.)OV668eveA... conservation authority Page 4of3 The subject property is partly regulated,as per Ontario Regulation 179/06 of the Conservation Authorities Act. A permit from the LSRCA is required for this Minor Variance Application. Advisory Comments 3. The LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte in that we provide through our role as a public body, pursuant to the Planning Act. Lake Simcoe Protection Plan (LSPP) Designated Policy 6.1 identifies that development and site alteration is not permitted within the minimum vegetation protection zone to Lake Simcoe but provides some exceptions such as development and site alteration in relation to existing uses (6.45-DP). Please note that the minimum vegetation protection zone to Lake Simcoe within the shoreline built-up area is 30-metres (6.2-DP). The proposal would be subject to 6.45-DP d. of the LSPP, which would consider this expansion into the minimum vegetation protection zone of Lake Simcoe, however,the impact to the Lake, and its functions should be minimized to the maximum extent possible. Summary Based on our review of the submitted information in support of this application, it is determined that the proposal is generally consistent with, and in-conformity with the natural hazard policies of the PPS, and other applicable Provincial, County and Local plans. On this basis, we recommend that any approval of this application be subject to the following conditions: • The Owner shall provide payment of$525.00 to the LSRCA as per our approved Fee Schedule for review of these Consent Applications. • That the Owner shall obtain LSRCA permit ahead of any development or site alteration to occur on-site. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been determined. 2. Ontario Regulation 179/06 applies to the subject property. An LSRCA permit is requested. 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 decisions with regard to this matter. Sincerely, A�� Liam Munnoch, Planner 1, LSRCA Page 168 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... 1�) u U Nelo lAg w ) o ` � a cA �s - I N O 1 � 1 N N O N O Cu U .— ry CL U) Q4-0 Cu 4-0 U _0 Cu C: C: (n (1) 4-0 O Cu 'a) O Cn � T) U)> � � L— � . . . . .� U) a O . . C •- G� N O U Page 169 of 355 6.c) 6.20 p.m. DS2022-027, Danielle Waters, Planner re: Minor Variance A... 1�) -0 U 0) — -0 a a) N -0 •0 � � Qa) E CU cU a) O � CU LO Q _ 0) rn N � •� rn 0) NO 0 Cu FD a) a 70 }' OU 0) U 70 O Lq 0) LO �- • I ' C —n to a` V! 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U) CU > � •� 'n 'xocam -JmE E ' O � (B (6 Lo � Eo 'n3L ° .C ° a) _0 Cu o p �U o L �0 CL O >, a) E UL coto � _ Cn ° Cu W a) O w >a) a) , U Cu � Lo E C) Ca) m CL 0 -0 >' CUU) a) ua) L J .L 0 (B O N O Q U) a) a) U > L L E a) 7E Cu a) O a) 0 m O O O • .2)o O 0 N E a) Q to a) 0) Q -O Cu r04 Cu- = N Ov) � n a)O U � CU N • Cu � .(� N Cuo E (DQY � -O -N CL 75 U 70 a) C a) Q a) OJ o (6 O O Q u m � O dcL-a E � '� m o ° E O0 E O = Q +� >i 0) Q- O — CL l^ CU � LCn QQ Cu LCL Cu Cu OWN O ° }. � }. N � � }. C= a) Cu CL 0 Ea) L UN OH (nH 0 � � �H O UCu O E ° Cu O U U c"i ri Page 177 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-020 Development Services Committee Catherine McCarroll Intermediate Planner Meeting Date: Subject: Motion # March 2, 2022 Consent Application 2022-B-03 and Minor Variance Application Roll #: 2022-A-06 by Corinne and David R.M.S. File #: 4346-010-002-30010 Nesbitt D10- Concession 4 Part Lot 1 D13-60391 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 2 (Oro) Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2022-020 be received and adopted; 2. That Consent Application 2022-13-03 by Corinne and David Nesbitt, to create a residential lot on lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 2 (Oro), Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-020. 3. The conditions are as follows: a) That the applicants sign the Township's Memorandum of Understanding by which the applicants acknowledge the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or vacant retained parcels; b) That the applicant obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte; c) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 3.0 metre road widening along the entire frontage of the severed and retained lands adjacent to Line 4 North to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to Development Services March 2, 2022 Report No. DS2022-020 Page 1 of 16 Page 178 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... consolidate the 3.0 metre widening with Line 4 North as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant; d) That the applicants apply for and obtain an amendment to Site Plan Application 2010-SPA-10 to reflect the new building and septic envelopes and tree preservation on the retained lands; e) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for reach residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; h) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; i) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, j) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted statutory two-year period (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2022-A-06 by Corinne & David Nesbitt, specifically to permit a severed lot with a minimum lot area of 0.23 hectares (0.56 acres) and a minimum lot frontage of 24.5 metres (80.4 feet), and a retained lot with a minimum lot area of 1 .8 hectares (4.5 acres) and a minimum lot frontage of 24.92 metres (81 .8 feet) on lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 2 (Oro), Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2022-020. 5. The conditions are as follows: a) That, notwithstanding Exception 187 of Zoning By-law 97-95, the severed and retained lots shall otherwise comply with all other applicable provisions of the Zoning By-Law; b) That the applicants apply for and obtain Site Plan approval from the Township for the proposed dwelling on the severed lands to identify building and septic envelopes on the lands and to require tree preservation outside of the identified building and septic envelopes to the satisfaction of the Planning Division; c) That the proposed building envelope and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and approved by the Committee; and, Development Services March 2, 2022 Report No. DS2022-020 Page 2 of 16 Page 179 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after: i. The Committee's Minor Variance decision becomes final and binding; and, ii. The applicants have obtained Site Plan Approval from the Township for the severed lands pursuant to Section 41 of the Planning Act. 6. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background: Property Information The property is located on the west side of Line 4 North, south of Horseshoe Valley Road West, across the street from the OPP station and the Huronia Nurse Practitioner-Led Clinic. The lot is approximately 2.04 hectares (5.04 acres) in size and is currently vacant. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Previous Planning Applications This property has been subject to a number of Planning Applications over the years. A chronology of the Planning Applications is listed below: • Official Plan Amendment application 2008-OPA-02 was submitted in August 2008, for the purpose of re-designating the 6.16 hectares (15.2 acres) parcel from the "Horseshoe Valley- Medium Density Residential" designation to the "Horseshoe Valley— Low Density Residential" designation (OPA No. 28). The purpose of the Official Plan Amendment was to sever the lands into four residential lots. Official Plan Amendment No. 28 was adopted by Township Council on February 11, 2009, and approved by Simcoe County Council on June 4, 2009. • Zoning By-law Amendment Application 2008-ZBA-10 was submitted concurrently with the Official Plan Amendment. The purpose of the Zoning By-law Amendment was to rezone the subject lands from the Agricultural/Rural Exception 15 (A/RU*15) Zone to the Residential One Exception 187 (R1*187) Zone. The Zoning By-law Amendment was approved by Township Council on February 11 , 2009. • Consent Applications 2009-B-20 to 2009-B-23 were approved on July 16t", 2009 to permit the creation of the four new residential lots. • The property was subject to Site Plan Control (2010-SPA-10) to ensure that the placement of the dwelling, driveway, septic system and other structures was appropriately located on the subject lands. Consent Application 2022-B-03 The purpose of Consent Application 2022-B-03 is the creation of a new residential lot. The Applicants' consent sketch is included as Schedule 3 to this report. The details of the proposed consent (severance), are provided in the table below. Development Services March 2, 2022 Report No. DS2022-020 Page 3 of 16 Page 180 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... Lands to be Severed: Lands to be Retained: Frontage: Approximately 24.5 m (80.4 ft.) Approximately 24.92 m (81 .8 ft.) Depth: Approximately 79.25 m (260.0 ft.) Irregular Area: Approximately 0.23 ha 0.56 ac. Approximately 1 .8 ha 4.5 ac. Use: Future residential development Future residential development Minor Variance Application 2022-A-06 The lands are also the subject of a related Minor Variance Application 2022-A-06. The applicants are proposing to sever lands for the creation of a new residential lot and are seeking relief to the following sections of Zoning By-law 97-95: Lands to be severed: Section 7.187 c — Minimum Lot Area Required: Proposed: 2.04 hectares (5.04 acres) 0.23 hectares (0.56 acres) Section 7.187 (c) — Minimum Lot Frontage Required: Proposed: 47.4 metres (155.5 feet) 24.5 metres (80.4 feet) Lands to be retained: Section 7.187 c — Minimum Lot Area Required: Proposed: 2.04 hectares 5.04 acres 1.8 hectares 4.5 acres Section 7.187 c — Minimum Lot Frontage Required: Proposed: 47.4 metres (155.5 feet) 24.92 metres (81.8 feet) Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 1 .1 .3 — Settlement Areas and Section 1 .6.6 Sewage, Water and Stormwater are applicable to this application. The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1.1.3.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Furthermore, Section 1.1.3.4 states: "appropriate development standards Development Services March 2, 2022 Report No. DS2022-020 Page 4 of 16 Page 181 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... should be promoted which facilitate intensification, redevelopment and compact form" (p. 9). The subject lands are located in an established Rural Settlement Area (Horseshoe Valley) which is intended to be the focus of growth and development and where development is encouraged with consideration to rural characteristics, the scale of development and the provision of appropriate service levels. Section 1.6.6 Sewage, Water and Stormwater of the PPS contains policies that promote the efficient use and optimizes existing municipal services. Section 1 .6.6.5 of the PPS states that partial services (municipal water services and individual on-site sewage services) shall be permitted "within settlement areas, to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts" (p.19). Township Environmental Services Staff have reviewed the subject applications and noted that the severed and retained lands will be serviced by private septic system and municipal drinking water (Horseshoe Highlands Drinking Water System). The subject lands are located within the Horseshoe Valley Settlement Area; therefore, Planning Staff is of the opinion that these applications are consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth" and directs development to settlement areas. Specifically, Section 2.2.1 .2 (b) permits limited growth in rural settlement areas and settlement areas that are not serviced by existing or planned municipal water and wastewater systems. In this case, the severed and retained lots will be serviced by municipal water and private septic systems. Section 2.2.9, Rural Areas, is also applicable to this application and Planning Staff is of the opinion that the proposed residential lot is consistent with the Rural Areas policies as the lands subject to this application are located within a rural settlement area (Horseshoe Valley). Since the proposed development is located within the Horseshoe Valley settlement area and since the Township's Environmental Services Department has provided comments that support the proposed servicing of the lands, it is Planning Staff's opinion that these applications conform to the Growth Plan. County of Simcoe Official Plan The subject lands are designated "Settlements" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. Pursuant to Table 5.1 of the County's Official Plan, Horseshoe Valley is recognized as a settlement area in the Township. Section 3.5 of the County Official Plan contains policies relating to the "Settlements" designation. The objectives of the "Settlements" designation are to: "focus population and employment growth and development within settlements...to develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services...to promote development forms and patterns which minimize land consumption and servicing costs" (p.26). Settlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. Development Services March 2, 2022 Report No. DS2022-020 Page 5 of 16 Page 182 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... Additionally, Section 3.3 of the County's Official Plan contains "General Development Policies" for lot creation. Specifically, Section 3.3.4 states: "Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe, the Province of Ontario, or local municipalities." (p. 18). In this case, both the severed and retained parcels would have frontages on Line 4 North. In Planning Staff's opinion, the applications appear to generally conform to these policies as the proposed lot is limited in size and is located within a rural settlement area, which is already developed, and therefore it is not anticipated to have any adverse effect on any agricultural uses or environmental features. As of the preparation of this report, Planning Staff have not received comments from the County. Committee members should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are located within the Horseshoe Valley Rural Settlement Area and are designated Low Density Residential according to Schedule `D' of the Township's Official Plan. Specifically, Section C14.3.4.1 identifies single detached dwellings as a permitted use in the Horseshoe Valley Low Density Residential Designation. This section states that "the density of residential development shall generally not exceed 7.0 units per gross hectare". The proposed severance of one residential lot would result in a density well below this maximum. For the purposes of the creation a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies contained in Section D2.1 and D2.2.1 of the Township's Official Plan, in evaluating the proposed application for consent. These policies and Staff's comments are provided below: Section D2.1 — Preferred Means of Land Division Land division by Plan of Subdivision, rather than by consent, shall generally be required if: a) the extension of an existing public road or the development of a new public road is required to access the proposed lots; or, b) the area that is proposed to be developed is not considered to be infilling; or, c) a Plan of Subdivision is required to ensure that the entire land holding or area is developed in an orderly and efficient manner, or, d) more than four lots including the retained lands are being created and/or the owner is retaining sufficient lands for the development of additional lots. In Planning Staff's opinion, Consent rather than a Plan of Subdivision, would be the appropriate means through which to consider the proposed lot as infilling on a Township maintained road. Development Services March 2, 2022 Report No. DS2022-020 Page 6 of 16 Page 183 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... For the purposes of the creation a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed application for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1 , "New Lot by Consent — General Criteria".- a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed and retained parcels would front onto a Township road, specifically Line 4 North, which is maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: No access is proposed to Horseshoe Valley Road (County Road 22). c) Will not cause a traffic hazard; Conforms: The Township's Operations Department has been circulated for comments and have not identified any traffic safety concerns, but have advised that a 3.0 metre (9.8 feet) road widening will be required along the frontage of both the severed and retained lands. Line 4 North has been identified in the Road Network Plan as a collector road requiring a 23.0 metre (75.5 feet) right-of-way. Upon site visit, Planning Staff noted that the severed lands would require a new municipal entrance. The applicant will be required to obtain an Entrance Permit for the new entrance. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Conforms- Subject to approval of Minor Variance Application 2022-A-06, both the severed and retained parcels would comply with the Zoning By-law. The applicant is seeking relief from the Zoning By-law to permit a severed lot with a minimum lot area of 0.23 hectares (0.56 acres) and a minimum lot frontage of 24.5 metres (80.4 feet), and a retained lot with a minimum lot area of 1 .8 hectares (4.5 acres) and a minimum lot frontage of 24.92 metres (81 .8 feet). Additionally, the proposed residential uses are permitted and compatible with the adjacent land uses. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: Environmental Services Staff have confirmed that the severed and retained lands are to be services by private septic systems and municipal drinking water (Horseshoe Highlands Drinking Water System). The lots will be subject to applicable development and connection charges related to provision of Municipal drinking water. These fees will be charged at the issuance of the Building Permit for the dwelling on each lot. Development Services March 2, 2022 Report No. DS2022-020 Page 7 of 16 Page 184 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The severed and retained lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. The proposed dwelling on the severed lands and retained lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- As proposed, the lands to be retained and severed would not restrict the development of any other lands. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conforms- No natural heritage concerns have been identified by Planning Staff in the review of these applications. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the application conforms. On the basis of the analysis of the applications in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the applications conform to the policies of the Township's Official Plan. Zoning By-law 97-95 The subject lands are zoned Residential One Exception 187 (R1*187) in the Township's Zoning By-law 97-95, as amended. Exception 187 states the following: a) Notwithstanding Section 5.32 of this By-law, the following zone provisions apply on the lands denoted by the symbol R1*187 on the schedules to this By-law: No building or structure shall be located within 5 metres of a slope or embankment that exceeds 33% or 3 to 1 ; Development Services March 2, 2022 Report No. DS2022-020 Page 8 of 16 Page 185 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... b) The minimum required setback from County Road 22 (Horseshoe Valley Road West) shall be 15 metres; c) Notwithstanding the provisions of Section 4.0 —Use standards, Table B1 "Standards for Permitted Uses on the R1,R2,RUR2, SR and RLS Zones" the following provisions will also apply: Lot 1 Lot 2 Lot 3 Lot 4 Minimum Lot Area 1.45 ha 1.23 ha 1.45 ha 2.04 ha Minimum Lot 1051 m 59.0 m 35.3 m 47.4 m Frontage As per Table Al, single detached dwellings are permitted in the Residential One (R1) zone. Subject to approval of Minor Variance Application 2022-A-06, both the severed and retained parcels would comply with the Zoning By-law. The applicants are seeking relief from the Zoning By-law to permit a severed lot with a minimum lot area of 0.23 hectares (0.56 acres) and a minimum lot frontage of 24.5 metres (80.4 feet), and a retained lot with a minimum lot area of 1 .8 hectares (4.5 acres) and a minimum lot frontage of 24.92 metres (81 .8 feet). These variances will be examined in more detail in the following sections. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? As described above, the subject lands are located within the Horseshoe Valley Rural Settlement Area and are designated Low Density Residential according to Schedule `D' of the Township's Official Plan. The Low Density Residential designation permits a single detached dwelling, among other uses, and states that the density of residential development shall generally not exceed 7.0 units per gross hectare. In order to facilitate the severance, the applicants are requesting a reduced lot area and a reduced lot frontage for both the severed and retained lands. Despite the reduced lot sizes, the proposed density would remain well below the maximum density of seven units per gross hectare. Section B5.1 .4 of the Township's Official Plan deals with hazardous slopes. There is a steep slope at the rear of the subject lands. As part of the previous Development Applications, a Slope Stability Report had been prepared which contained provisions for construction within Development Services March 2, 2022 Report No. DS2022-020 Page 9 of 16 Page 186 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... 5.0 metres (16.4 feet) of the slope crest. Nevertheless, Exception 187 in the Township's Zoning By-law states that "no building or structure shall be located within 5 metres of a slope or embarkment that exceeds 33% of 3 to 1". Notwithstanding the reduced lot sizes, there remains sufficient space on the retained lands to fit a dwelling outside the required 5.0 metres (16.4 feet) setback from the top of bank of the slope. Based on above, Planning Staff is satisfied that the proposed variances conform to the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? As described above, the subject lands are zoned Residential One Exception 187 (R1*187) in the Township's Zoning By-law 97-95, as amended. Exception 187 requires a minimum lot area of 2.04 hectares (5.04 acres) and a minimum lot frontage of 47.4 metres (155.5 feet) for this lot. In comparison, lots in the Residential One Zone require a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). Both the severed and retained lands require a minor variance to address the proposed deficient lot areas and lot frontages. The applicants are proposing a lot area of 0.23 hectares (0.56 acres) for the severed lands and a lot area of 1.8 hectares (4.5 acres) for the retained lands, and they are proposing a lot frontage of 24.5 metres (80.4 feet) for the severed lands and a lot frontage of 24.92 metres (81 .8 feet) for the retained lands. The Zoning By-law's minimum lot frontage and lot area requirements are intended to ensure that there is adequate space on the lot to fit a dwelling, private individual services (well and septic system) when other forms of servicing are unavailable, and driveway, with appropriate setbacks to the neighbouring dwellings. The severed and retained lands will be serviced by a private septic system and Municipal drinking water (Horseshoe Highlands Drinking Water System). Planning Staff reviewed all the previous Development Applications, in addition to the Planning Justification Report (PJR) that was submitted with the Official Plan Amendment and Zoning By-law Amendment applications to get a better understanding of why exception 187 required such large lot sizes and large lot frontages compared to the typical Residential One (R1) zone which requires a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). The PJR's rational for the Official Plan Amendment to reduce the density, from medium to low density, was due to the site topography and the difficulty the physical site conditions created for implementation of the higher densities. The PJR stated that the Zoning By-law Amendment would limit lot sizes to ensure no further subdivision could take place but did not state why the lots had to be so large considering the maximum density set out in the Official Plan's Horseshoe Valley — Low Density Residential designation is 7.0 units per gross hectare and the original four lots resulted in a density of approximately 0.65 units per gross hectare. In Planning Staff's opinion, the proposed lot areas, which are larger than the standard Residential One zone lot areas, remain large enough to support a dwelling, driveway and septic system, as well as maintain the required setbacks. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Development Services March 2, 2022 Report No. DS2022-020 Page 10 of 16 Page 187 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed single detached dwelling on the retained lands will be setback significantly from the road and will barely be visible from the road due to the large number of trees. Site Plan Agreement 2010-SPA-10 was registered on title of the subject lands. One of the development restrictions listed in the Site Plan Agreement was tree preservation and that a maximum of 50% tree removal was permitted within the established building envelope. In order to ensure that this development restriction is carried forward on the severed and retained lands, Planning Staff recommend as a condition of consent that the applicants apply for and obtain an amendment to Site Plan Application 2010-SPA-10 to reflect the changes to the retained lands. Further, Planning Staff recommend as a condition of the Minor Variance that the future owners of the severed lands apply for and obtain Site Plan approval from the Township for the proposed dwelling prior to issuance of a Zoning Certificate and Building Permit. In Planning Staff's opinion, the lots would be fully functional with respect to matters such as servicing, parking, setbacks and outdoor amenity space associated with the proposed single detached dwellings. Based on the above, Planning Staff is 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 variances relates to their scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as there remains adequate space on both the severed and retained lots to fit a dwelling, septic system and driveway, with appropriate setbacks to the lot lines. The proposed development is not anticipated to have any adverse impact on the character of the existing residential neighbourhood or on the use and enjoyment of the surrounding 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. Development Services March 2, 2022 Report No. DS2022-020 Page 11 of 16 Page 188 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... 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 Development Engineering — No objection. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Applications. • Township Infrastructure and Capital Projects: o 2022-A-06 — no comments o 2022-B-03 — Operations will require a 3.Om wide road widening along both the severed and the retained lands. Line 4 North has been identified in the Road Network Plan as a collector road requiring a 23.Om ROW. • Township Building Division: o Owner/applicant to ensure all on-site sewage systems conform to the clearances outlined in the Ontario Building Code. o Will development be connecting to municipal water; or private on-site wells? • Bell Canada: No comments or concerns. • Township Environmental Services: o Lots to be serviced by private lot level septic system and Municipal drinking water (Horseshoe Highlands Drinking Water System). o Lots subject to applicable development and connection charges related to provision of Municipal drinking water. Development Services March 2, 2022 Report No. DS2022-020 Page 12 of 16 Page 189 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Conclusion: Based on Planning Staff's analysis of these applications, it is Staff's recommendation that Consent Application 2022-B-03 be approved, specifically to permit the creation of a new residential lot on the lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 2 (Oro), and that Minor Variance Application 2022-A-06 be approved, specifically to permit a severed lot with a minimum lot area of 0.23 hectares (0.56 acres) and a minimum lot frontage of 24.5 metres (80.4 feet) and a retained lot with a minimum lot area of 1.8 hectares (4.5 acres) and a minimum lot frontage of 24.92 metres (81 .8 feet), as the application meets the four tests of the Planning Act and conforms and is consistent with applicable Provincial, County and Township land use policies, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services February 23, 2022 Andria Leigh, Deputy CAO/Director Development Services February 24, 2022 Development Services March 2, 2022 Report No. DS2022-020 Page 13 of 16 Page 190 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... Schedule 1: Location Map vassyrza. 31 34 48 ALL �� 29 22 36 38 40 42 44 Mooi stone•Ra. 20 50 � 27 is 16 na%sho� aikr•a. 25 14 12 10 8 6 4 2 52 lI 1.-BA, .Rd, 23 11 21 Cathedral Pines Rd. I � `+kMgc oaau 19 17 15 13 11 9 7 5 3 1 SIMLOE 22 Horseshoe Valley Rd.W. 1101 11 9 7 pale Ct 5 3387 1 3 3328 28 1 26 24 V��Q 22 7 G 9 03324 3331 23 r A 21 $ Hillside Ct. 3 m d 1 19 20 6 17 18 2 3325 Schedule 1 Location ® 0�11 Subject Lands 0z Proud Heritage,Excitink Future //j 0 100 rn File Number:2022-A-06 '� I i i i Development Services March 2, 2022 Report No. DS2022-020 Page 14 of 16 Page 191 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... Schedule 2: Aerial Photo r�Rd.7 Moonatone•Rd.-- -J Cathedral Pines Rd. NNteaho Nalk1 Y Id dq a av� Horseshoe Valley ,4 y i r • ' - Schedule 2 Aerial Photo --low 0 Subject Lands Proud Heritage,Exciting Future a 80 m File Number:2022-A-46 Development Services March 2, 2022 Report No. DS2022-020 Page 15 of 16 Page 192 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... Schedule 3: Applicant's Consent Sketch t,t Q °'t U �I I 1 � 1°t 1 I I I NE9 LOT zi / I ,t, I I tit i� Ill I I I i I I i SEVERED LOT I i I 1 1 LOT AREA 2267 m2 F � I EPIC 3,05m BID r E 0 o I � 1 APPROX 3-Q5m r' BLDa AREA I �! 550 m2 46 I 0 I ) 0 -- Schedule 33►"' Applicant's Consent Sketch 0 T,,i�Or/�_(',�orf2ti File Number 2022-B-0312022-A-06 Proud HeHiaRe,Exeidnp Futn" Development Services March 2, 2022 Report No. DS2022-020 Page 16 of 16 Page 193 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... From: Metras, Justin Sent: February 10, 2022 12:48 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-B-03) & (2022-A-06) Nesbitt Abbey Operations provide the following comments: 1- 2022-A-06 — no comments 2- 2022-A-03 — Operations will require a 3.Om wide road widening along both the severed and the retained lands. Line 4 North has been identified in the Road Network Plan as a collector road requiring a 23.Om ROW. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 194 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... From: Wilson, Delanie Sent: February 14, 2022 4:02 PM To: Planning<Planning@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-13-03) & (2022-A-06) Nesbitt Good afternoon, Building division comments are as follows: 1. Owner/applicant to ensure all on-site sewage systems conform to the clearances outlined in the Ontario Building Code. 2. Will development be connecting to municipal water; or private on-site wells? Kind regards, Page 195 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... From: Saunders, David Sent: February 14, 2022 10:48 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-B-03) & (2022-A-06) Nesbitt Development Engineering has No Objection to the above noted Applications. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. Regards Page 196 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: February 15, 2022 10:26 AM To: Planning<Planning@oro-medonte.ca> Subject: [External] FW: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-B-03) & (2022-A-06) Nesbitt Bell File: 705-22-183 Good morning, Bell Canada has no comments or concerns regarding this Notice. Thanks you, Mary Mary McCartney Bell Canada - Right of Way Associate Floor 2, 140 Bayfield St Barrie, ON L4M 3B1 705-722-2219 or1-888-497-8735 Page 197 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... From: Jakobi, Michelle Sent: February 15, 2022 8:17 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-B-03) & (2022-A-06) Nesbitt Lots to be serviced by private lot level septic system and Municipal drinking water (Horseshoe Highlands Drinking Water System). Lots subject to applicable development and connection charges related to provision of Municipal drinking water. Michelle Jakobi Director, Environmental Services Township of Oro-Medonte Page 198 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... County of Simcoe Main Line(705)726-9300 coVnrr of Planning Department Toll Free(866)893-9300 SI '`]�/�CO"— Z M 10h Highway Ontario L9X 1 N6 i Fax (705)a 27 4276 PLANNING 1 '� u..l _01111111111111111' February 22nd, 2022 ***VIA EMAIL*** Andy Karaiskakis, Secreatry-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO RE: Application for Consent and Minor Variance 2022-13-03 and 2022-A-06 Owner: David & Corinne Nesbitt Subject Lands: Concession 4 and 5, Part Lot 1, Part Road Allowance, Reference Plan 51 R-37085 Part 2 County File: OM-13-2202 Thank you for circulating the County of Simcoe for comments with respect to the above noted consent and minor variance applications. As indicated in the materials provided by the Township, the applicant is proposing to create one new residential lot with an area of approximately 0.56 ac (0.23 ha) and one retained lot for residential use with an area of approximately 4.5 ac (1 .8 ha). Both severed and retained lots will maintain frontage on the municipally opened and maintained Line 4 North. The County understands that the concurrent minor variance application seeks relief from the minimum lot area and frontage provisions of the Township's Zoning By-law 97-95, as amended for both the severed and retained lots. The subject lands are designated Settlements on Schedule 5.1 — Land Use Designations in the Simcoe County Official Plan (SCOP) where residential uses are permitted. As such, there are no concerns with respect to Provincial and County policies for the lot creation within the settlement area and the County recognizes that the applications should be evaluated based on the local planning context to ensure the principles of compatibility and local policy conformity are adhered to. The County recognizes that there are no lands on the property within the Nottawasaga Valley Conservation Authority's (NVCA) regulations however would highlight that the property is within the NVCA's jurisdictional boundary therefore the NVCA should be consulted to ensure compliance with natural heritage policies of the Provincial Policy Statement (PPS) 2020. Please circulate copies of the Notice of Decision to the attention of the County of Simcoe Planning Department via planninq.notices(d�simcoe.ca Page 199 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... If you have any questions or require further information, please do not hesitate to contact the undersigned. Sincerely, The Corporation of the County of Simcoe MAac" Keirsten Morris Planner II R 705-726-9300 x 1973 E: keirsten.morris(a)simcoe.ca Cc: Dan Amadio, Manager of Planning — County of Simcoe Page 200 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... March 2, 2022 Development Services Committee 6d) Additional correspondence received From: Ray Gingras Sent: March 2, 2022 10:52 AM To: Planning<Planning@oro-medonte.ca>; Agenda comment<Agendacomment@oro-medonte.ca>; McCarroll, Catherine <cmccarroll@oro-medonte.ca> Cc: Kathy Reid <kathyjreid@sympatico.ca> Subject: [External] Concerns with Applications 2022-B-03 and 2022-A-06 Dear Ms. McCarroll and members of the Development Services Committee; RE: Consent Application 2022-13-03 and Minor Variance Application 2022-A-06 by Corinne and David Nesbitt Concession 4 Part Lot 1 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51R37085 Part 2 1 am president of Line 4 Holdings Inc, the real estate holding company that owns the lands immediately north of the property which is the subject matter of the above-referenced applications. The land owned by Line 4 is zoned commercial and the development of a commercial plaza is planned for such property within the next 2 to 3 years. The attached shows the proposed development which include two phases. I have the following concerns with the proposed applications: 1—The close proximity of the new home to the plaza: Phase 2 of the plaza (as set out in the attached) and the building area of the new severed lot in the above-referenced application will only be meters a pa rt. 2— Having a residence located in such close proximity to a commercial plaza does not seem to fit with the character of the neighbourhood even though minimum setbacks are met. The future homeowner will be subject to the lighting from the plaza that will be continuous throughout the evening, the traffic from the patrons of the plaza, the sound generated by the patrons of the outdoor seating area that is planned and other activities that are in keeping with the nature of a commercial plaza. I would suggest that the applicants move the new lot to the south boundary of their existing property and build the driveway along the north boundary immediately adjacent to the commercial plaza. This would provide much greater distance between the new home and the plaza. Such move would also not have any impact on the neighbour immediately south of the applicants' property as their home is set back considerably. As stated in the Staff report for this matter, the Zoning By-law's minimum lot frontage and lot area requirements are intended to ensure that there is adequate space on the lot to fit a dwelling, private individual services (well and septic system) when other forms of servicing are unavailable, and driveway, with appropriate setbacks to the neighbouring dwellings. Moving the new lot as suggested more adequately ensures that the letter and spirit of the minimum lot frontage and lot area requirements are met. Yours truly, Page 201 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... Raymond J. Gingras, JD Founder& President COLDWATER Coldwater Corporate Finance Inc. Part of the Coldwater Group 647-273-3338 (direct) 647-792-7920 ext. 101 (office) ray(d_)coldwater.ca Page 202 of 355 6.d)6:30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... /- ------------— isurvo -------------------- NMO 'N'w ? .-�yJ� d __ o0 es ee M,O1,66. V \V, J A \V J 5 W Q Iv N rl 'M v �1 0 I W II 2 I r 00 ?� N f'° o -------------- i a orsiarvn a s u LNG - -- - - - - - - - - - - - - --- ----------- cn l U1 — N Page 203 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... 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N cu N ca .L- ca > . . 0 L- O M c a L Q Page 207 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... 06 C) Q N N O N U) O U it c M , (D O f: v) m U N � . 0 N Cu N . . U � Cu a .c O }' .v M CL Q Page 208 of 355 • OfSin1 l b v N � t F • 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... �/ Fr, 0) a a N O o N � Z O U) 4-0 IGO � M N O , N a) i Cu 4—I cu WO c6 o Z •— o N.:n Page 210 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... �.�i .I W �T 4--jCU �� o cu CIO cu aa ; O ql' Q Lf O a) 4-0 QL C� }' a) .V a) Q z CM r, W �I i U N U) Cu T q M IN U �I CU O (3) Q cu O 0 - 0 -0 ?r _ (u U O J Page 211 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... 06 C) Q N N "- +fir' a M€ck"a � �✓.I O ae cu QL s Q t1n\� T E - k yy ,\ Y r - A—j N O o m � ,k U � 1 N _ Cu cu cu O 5 Page 212 of 355 6.d) 6.30 p.m. DS2022-020, Catherine McCarroll, Senior Planner re: Conse... 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File #: 4346-010-012-25700 Smith D13 60394 99 Eight Mile Point Road Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-028 be received and adopted. 2. That Minor Variance Application 2022-A-07 by Craig McKay and Wendy Smith specifically to permit the construction of a boathouse with a height of 5.75 metres (18.86 feet) with a footprint of 68.9 square metres (741 .3 square feet) and a deck/concrete apron having a footprint of 72.9 square metres (784.6 square feet), on lands municipally known as 99 Eight Mile Point Road, be approved, subject to the conditions as outlined in Report DS2022-028. 3. The conditions are as follows: a) That notwithstanding Section 5.6 e) — Boathouses height and Section 5.7 b) — Decks the boathouse and deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed boathouse and deck be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant submits a shoreline restoration planting plan to the Lake Simcoe Region Conservation Authority to their satisfaction; d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, Lake Simcoe Region Conservation Authority Permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services March 2, 2022 Report No. DS2022-028 Page 1 of 11 Page 216 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.23 hectares (0.56 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single family dwelling, detached accessory building and boathouse. The applicants are proposing to demolish the existing boathouse and rebuild, and are seeking relief to the following sections of Zoning By-law 97-95: Section 5.6 c — Boathouses, width Required: Proposed: The width of the boathouse, which is 44.84% measured from the interior faces of the walls of the boathouse, does not exceed 30 percent of the width of the lot at the average high water mark. Section 5.6 e — Boathouses, height Required: Proposed: The highest point of the roof surface or 5.75 metres (18.86 feet) the parapet, whichever is the greater, of a boathouse with a flat roof is no more than 4.5 metres (14.7 feet) above the elevation of the average high water mark. Section 5.7 b) — Decks Required: Proposed: Decks which are either attached to a Deck/concrete apron — 72.9 square boathouse or are stand alone are metres (784.6 square feet) permitted to be located at the water's Boathouse — 68.9 square metres (741.3 edge provided the total footprint of the square feet) deck and the boathouse combined does not exceed 70 square metres (753 square Total — 141.8 square metres (1525.9 feet) square feet) The applicant's site plan and elevation drawings are included as Schedule 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 — Development Services March 2, 2022 Report No. DS2022-028 Page 2 of 11 Page 217 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... Rural Areas, Section 1.1.5 — Rural Lands, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas/Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to Lake Simcoe. Section 2.2 — Water aims to "protect, improve or restore the quality and quantity of water". Section 3.1 Natural Hazards to ensure the safety of people and structures. The application is consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS as the proposed development is not anticipated to impact any natural features or functions. The location of the proposed structure is regulated by the LSRCA and Planning Staff and will require the applicant to obtain a LSRCA Permit. The requirement for an engineered lot grading plan and LSRCA permit will ensure sediment/erosion control which will protect the lake during construction. Planning Staff is of the opinion that this application conforms to the PPS, 2020. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already within an established residential subdivision. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their Official Plans. However, this policy is relevant due to the proximity of the lands to an inland lake (Lake Simcoe). The subject lands are not located within any natural heritage designations identified in the Township's or County's Official Plans. Furthermore, pursuant to Section 4.2.4.5 of the Growth Plan 2020, the proposed development is permitted, as the subject lands are located within a developed shoreline area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and Development Services March 2, 2022 Report No. DS2022-028 Page 3 of 11 Page 218 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). The Rural designation permits limited residential development. In Planning Staff's opinion, the applicant's Minor Variance application conforms to the County's Official Plan as the proposed structures are permitted on the subject lands. Lake Simcoe Protection Plan (LSPP) The subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated this application and reviews applications in the context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has provided comments on this application and have no objections to the application subject to the conditions that the applicants obtain an LSRCA Permit and to prepare and submit a shoreline restoration planting plan, as reflected in condition "c". Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation are residential uses (dwellings) and by extension accessory uses to the residential use, such as boathouses. Therefore, based on the above, the requested variances are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned 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 (boathouses) are permitted in the SR Zone. Development Services March 2, 2022 Report No. DS2022-028 Page 4 of 11 Page 219 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... The primary purpose of a maximum height from the average high water mark and maximum footprint of a boathouse and deck combined is to ensure that the boathouse does not appear as the main use of the property or dominate the shoreline. Due to the nature of the slope of the land, the increase in height does not deter from the main use as a dwelling. The applicant has indicated that the increase in height is also required due to the intense winds that occur on this area of the lake. Raising the boathouse is needed to reduce damage from winds and waves. The proposed concrete apron extends farther out into the lake than regulated by the Township. The applicant has provided shoreline work permits from the Ministry of Northern Development, Mines, Natural Resources and Forestry. Through consultation with the agent, it was determined that the variance for the width of the boathouse is not required. The width of the proposed boathouse is 24.89% and the width of the concrete apron is 44.84%. Section 5.6 e) of the Zoning By-law only requires the 30% maximum width of the boathouse, and not the corresponding deck. This variance has been removed. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structures to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the proposed boathouse would be visible from the neighbouring properties, however, there is mature vegetation to provide a buffer to the proposed structure. Additional photos provided by the owner also show a view from the lake and the neighbouring boathouse which is similar in size to the proposed. The proposed structure will not interfere with functional matters such as parking and the septic system. Planning Staff have added a condition to require that the interior side yard vegetation be maintained. 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. As the proposed variances for the boathouse 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. Development Services March 2, 2022 Report No. DS2022-028 Page 5 of 11 Page 220 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection, ELG required • Township Infrastructure and Capital Projects — No objection • Bell Canada — no comments • Lake Simcoe Region Conservation Authority — no objection, permit and shoreline restoration plan required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Development Services March 2, 2022 Report No. DS2022-028 Page 6 of 11 Page 221 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-07 be approved, specifically, to permit the construction of a boathouse with a concrete apron on lands municipally known as 99 Eight Mile Point 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, the County Official Plan and the LSPP, and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services February 24, 2022 Andria Leigh, Deputy CAO/Director, Development Services February 24, 2022 Development Services March 2, 2022 Report No. DS2022-028 Page 7 of 11 Page 222 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map VaseyRa. 77 Xa Resho•Valet^Xd 79 81 83 �(lidge,�;°sd V 85 87 89 tea. 91 'L 93 y� 95 97 99 101 103 105 107 109 191 Lake 117 Simcoe „9 1 Schedule 1 �—` Location ® Iownshi11 U�f Subject Lands �f�� ``- Proud Heritage,Exciting Future 0 100 r n File Number:2022-A-07 '� I iL Development Services March 2, 2022 Report No. DS2022-028 Page 8 of 11 Page 223 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo v11a.erad. - _ - one Hrn•Rd. HQM-h�.-VOWIy+Rd. - I j� T id QO4ril �Q �c y � i Schedule 2 Aerial Photo Township of ®Subject Lands Proud Heritage,Exciting Future 0 30 M File Number:2022-A-07 N I Development Services March 2, 2022 Report No. DS2022-028 Page 9 of 11 Page 224 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicants Proposed Site Plan W P-E PPd n SE �In1 ff czo.00 n PROPOSED CCMlCRETE APRON FOR BW.THCX 5E 1"Am OF PR[FBtN SIIORELNEI r za.,9va ,rb LAKE $IMCOE 1 £ PROPOSME Noun e 3 - } PkL P—Lj IOATHOISE A f 2,09%OF PROPERTY E1 E#RTING BOAT HOUSE SF,ORELNEI 1'¢ TO BE DEMOLEOE0 LRNOSCAPEq STEPS , u$ � ' Bl'OTFEhS I I � l � I ORA W INFiS FO R MINOR V ARIANC E r J r Schedule 3 Jak Applicant's Site Plan �,-- TaLrmshrp o f File Nurnhef 2022-A-07 Proud Heritage,Fxriiht, Future Development Services March 2, 2022 Report No. DS2022-028 Page 10 of 11 Page 225 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicants Proposed Elevation JUST[I N] T.O.BANK T.O.DECK - U!S BOATNOU5E CEILING i T.O.EXISTING BOATHOUSE SLAB A.H.W.M. WATER SURFACE 1T0 s [ A3 ] Schedule 4 Applicant's Elevation Plan -- Q Torn h',f tkrzfel File Number 2022-A-07 Proud Herfta�re,Exn:iirl,Q Future Development Services March 2, 2022 Report No. DS2022-028 Page 11 of 11 Page 226 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... From: Metras, Justin Sent: February 11, 2022 3:08 PM To: Waters, Danielle<dwaters@oro-medonte.ca> Cc: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: 99 Eight Mile Point Rd Abbey Operations has no comments on this application. Thanks Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 227 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... From: Saunders, David Sent: February 15, 2022 10:43 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-07) McKay& Smith 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 228 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: February 16, 2022 11:24 AM To: Planning<Planning@oro-medonte.ca> Subject: [External] FW: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-A-07) McKay&Smith Good morning, Bell Canada does not have any comments or concerns regarding this Notice. Thank you, Mary Mary McCartney Bell Canada - Right of Way Associate Floor 2, 140 Bayfield St Barrie, ON L4M 3B1 705-722-2219 or1-888-497-8735 Page 229 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: Minor Variance A... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail only: planning@oro-medonte.ca February 18, 2022 Municipal File: 2022-A-07 LSRCA File No.:VA-181069 Andy Karaiskakis, Secretary Treasurer Committee of Adjustment, Township of Oro-Medonte 148 7 Line S. Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application Owner: Craig McKay and Wendy Smith 99 Eight Mile Point Rd., Oro-Medonte Thank you for circulating the captioned application to the Lake Simcoe Region Conservation Authority(LSRCA) for review and comment. It is our understanding that the applicants are proposing to construct a new boathouse. The applicants are seeking relief to the following section of Township Zoning By-law 97-95: Section 5.6 c)—Boathouses, width Required: Proposed: The width of the boathouse, which is 44.84% measured from the interior faces of the walls of the boathouse, does not exceed 30 percent of the width of the lot at the average high water mark. Section 5.6 e)—Boathouses, height Required: Proposed: The highest point of the roof surface or 5.75 metres (18.86 feet) the parapet, whichever is the greater, of a boathouse with a flat roof is no more than 4.5 metres (14.7 feet) above the elevation of the average high water mark. Section 5.7 b) - Decks Required: Proposed: Decks which are either attached to a Deck/concrete apron—72.9 square boathouse or are stand alone are metres (784.6 square feet) 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 230 o-fF355.800.465.0437 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: MAepsiV®ul spigmA... conservation authority Page 2of5 permitted to be located at the water's Boathouse—68.9 square metres (741.3 edge provided the total footprint of the square feet) deck and the boathouse combined does Total—141.8 square metres (1525.9 not exceed 70 square metres (753 square square feet) feet) Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated February 15, 2022 • Applicant's Site Plan • Applicant's Elevation Drawing • Drawings Package, prepared by Justin Sherry Design Studio Staff has reviewed this application as per our delegated responsibility from the Province of Ontario to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement, 2020 (PPS) and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments as per our Memorandum of Understanding (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 Conservation Authority(CA) Board approved policies. Finally,the 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 this application, it is determined that the proposal is generally consistent with, and in-conformity with the natural hazard policies of the PPS, and other applicable Provincial, County and Local plans. On this basis, we recommend that any approval of this application is on the following conditions: • The Owner shall provide payment of$525.00 to the LSRCA as per our approved Fee Schedule for review of these Consent Applications. • That the Owner shall prepare and complete a Shoreline Restoration Plantings Plan,to the satisfaction of the LSRCA. Please contact the LSRCA to assist in scoping this requirement. • That the Owner shall obtain LSRCA permit ahead of any development or site alteration to occur on-site. Site Characteristics The subject property is partly regulated, as per Ontario Regulation 179/06 of the Conservation Authorities Act. This is due to Lake Simcoe, and its Shoreline Hazard Area. The property is designated as "Rural" as per the County of Simcoe Official Plan. The property is designated as "Shoreline" in the Township of Oro-Medonte Official Plan and is zoned "Shoreline Residential" or "SR" Zone. Page 231 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re- UAepsiV®ul spigmA... conservation authority Page 3of5 99 Eight Mike Point,Oro-Medonte Features conservationldn dW",hordy Lake Simone conservation 1 ion LSRCA Watershed Boundary 0 LSPP Watershed Boundary — Regulation Boundary Regulation Area r Assessment Parce! r E 6f •• Lot and Concession — Watercourse a d d- Roads w H",.An. it ~ [Deal Road ,+ 97 EIGirt. E POINT FG Railway y ® Layer Tier Municipality + r y 99E e,,.:•r : s El Nr0IIEP erre 2ylW2022 .�.airr_sor•a��- —_—arrrq wvs.aararos a�aan aw ac• ��nay�C hem t+Knw•w Y�Mwwy Nan rds s.r®�.erra�ea.a ai.n aw raa nr arairaean a*aac.afei wwnr,. 193:ElGFlT d LE PG.lNF R ar�wa rar z�o�e F11I . caiacwva*ror•unwrusr.sans aageira.r,.a rn rw aaa•.otwiw.waver w nw.m>nma�o.vo x.P®nn.e.0 rwn..icn.se]3 ina[vnam rogavaF,tmr 105'EIG FIE M14'P 7NC Ff{ eaiar7.w..ro as wn.a v°"a�'"'a`� rre�anp'w+pa». .nos.mo.xao mra-xvi e scare t: sr r Motors at a .1 .1 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The proposal has been determined as consistent with Section 3.1 of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. Page 232 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: UAepsiV®ul spigmA... conservation authority Page 4of5 The subject property is partly regulated,as per Ontario Regulation 179/06 of the Conservation Authorities Act. A permit from the LSRCA is required for this Minor Variance Application. Advisory Comments 3. The LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte in that we provide through our role as a public body, pursuant to the Planning Act. Lake Simcoe Protection Plan (LSPP) Designated Policy 6.11 b. identifies that any proposal for development or site alteration within 30-metres of the Lake Simcoe shoreline, should to the extent possible, enhance the ecological features and functions associated with the Lake. 6.11-DP c. also identifies that the same proposal should minimize erosion, sedimentation, and the introduction of excessive nutrients or other pollutants and utilize planning, design, and construction practices that maintain and improve water quality. Designated Policy 6.45 of the LSPP identifies policy applicable to existing structures and is applicable to this property. 6.45-DP d. considers the expansion to existing residential dwellings and accessory uses within the minimum vegetation protection zone to Lake Simcoe, if it is demonstrated that there is no alternative,that the expansion or alteration is directed away from the feature and vegetation protection zone to the maximum extent possible, and that the impact of the expansion or alteration on the feature and its functions is minimized to the maximum extent possible. The proposed development, and any required site alteration,can be considered underthe'existing uses' policies of the LSPP. As this is a proposal for development and site alteration within 30-metres of the Lake Simcoe shoreline, and within the minimum vegetation protection zone, a Shoreline Restoration Plantings Plan is requested to satisfy 6.11-DP and 6.45-DP. This document should comply with policies 6.28-DP and 6.29-DP of the LSPP, identifying that any existing natural and self-sustaining vegetation removed from along the lakeshore due to the proposed development and site alteration, should be replaced, and enhanced. This document should be scoped with the assistance of LSRCA staff. Summary Based on our review of the submitted information in support of this application, it is determined that the proposal is generally consistent with, and in-conformity with the natural hazard policies of the PPS, and other applicable Provincial, County and Local plans. On this basis, we recommend that any approval of this application is on the following conditions: • The Owner shall provide payment of$525.00 to the LSRCA as per our approved Fee Schedule for review of these Consent Applications. • That the Owner shall prepare and complete a Shoreline Restoration Plantings Plan, to the satisfaction of the LSRCA. Please contact the LSRCA to assist in scoping this requirement. • That the Owner shall obtain LSRCA permit ahead of any development or site alteration to occur on-site. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been determined. 2. Ontario Regulation 179/06 applies to the subject property. An LSRCA permit is requested. Page 233 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re: N40C) V6' 8 A... conservation authority Page 5 of 5 3. A Shoreline Restoration Plantings Plan should be prepared and submitted to the satisfaction of the LSRCA. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (I.munnoch@lsrca.on.ca) referencing the above file numbers in any correspondence. Please advise our office of any decisions with regard to this matter. Sincerely, Liam Munnoch, Planner 1, LSRCA Page 234 of 355 6.e) 6.40 p.m. DS2022-028, Danielle Waters, Planner re. 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Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2022-022 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # March 2, 2022 Consent Application 2022-B-02 Roll #: Gordon & Ruth Mitchell R.M.S. File #: 4346-020-007-07000 6171 Line 2 North D13 60416 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-022 be received and adopted. 2. That the Development Services Committee deny Application 2022-13-02 being a proposed consent to convey a parcel having an area of 0.4 hectares (1 acre) from the 6171 Line 2 North while retaining the existing single detached dwelling and accessory structures on retained lands of 1.14 hectares (2.81 acres), for the reasons that the application is not consistent with the Provincial Policy Statement 2020, does not conform to the Growth Plan 2020, does not conform to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, and does not satisfy section 51(24) of the Planning Act, R.S.O. 1990, c. P.13. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Existing Conditions This consent application relates to the property known municipally as 6171 Line 2 North (the "subject property"), as illustrated on Schedule 1. An aerial view of this property and its limits is provided on Schedule 2. The majority of the subject property is vacant without structures and is largely covered by trees and natural vegetation. The existing building cluster located at the southerly end of the subject property includes a single detached dwelling and two detached accessory structures. The current area of the subject property is 1 .54 hectares (3.8 acres) with 257.4 metres (844.28 ft) of frontage on Line 2 North. Development Services March 2, 2022 Report No. DS2022-022 Page 1 of 17 Page 247 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Greenlands and Agricultural • Township of Oro-Medonte Official Plan: Agricultural • Zoning By-Law: Agricultural/Rural (A/RU) 3. Proposal This application for consent will sever approximately 0.4 hectares (1 acre) from the subject property, effectively establishing a new residential lot (severed lands) while retaining the existing single detached dwelling and accessory structures on the balance of the subject property (retained lands). The result will be retained lands of approximately 1 .14 hectares (2.81 acres). The dimensions of the severed and retained lands are provided in the table below. Lands to be Severed: Lands to be Retained: Frontage: Approximately 56.7 m 185.96 ft. Approx. 200.7 m 658.32 ft. Depth: Approximately 71.6 m 235 ft. Approximately 56.7 m 185.96 ft. Area: Approximately 0.4 ha 1 ac. Approximately 1.14 ha 2.81 ac. Use: Proposed residential Continued residential Based on the information provided in the application, it appears that the severed and retained lands will comply with the applicable zoning regulations for single detached dwellings, including the minimum lot size of 0.4 hectares and minimum lot frontage of 45 metres. The proposed severance reference plan is included in Schedule 4. The drawing package submitted by the Applicant is included in Schedule 5. Analysis: 1 . Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 1 are applicable to this application. While the proposed consent will result in more efficient development and land use, including development of a new single detached dwelling lot, it is my opinion that the proposed Development Services March 2, 2022 Report No. DS2022-022 Page 2 of 17 Page 248 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... consent is not consistent with the applicable policies of PPS 2020 on the following basis: • The proposed consent will fragment lands designated for Greenlands and Agricultural purposes, which may cause environmental concerns and impact the biodiversity and agricultural/rural character of the subject property; • The proposal represents new residential development outside of an existing settlement area and as opposed to regeneration of existing housing stock, • The existing rural character of the subject property will be adversely impacted to accommodate development of the retained lands for residential purposes; • There is significant potential for the natural heritage features on the subject property to be adversely impacted in order to develop the retained lands for residential use; and • The proposal is not consistent with the lot creation policies of PPS 2020. Table 1 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e)promoting the integration of land use planning,growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns,optimization of transit investments,and standards to minimize land consumption and servicing costs; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h)promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. 1.1.4 Rural Areas in Municipalities 1.1.4.1 Healthy,integrated and viable rural areas should be supported by: a)building upon rural character,and leveraging rural amenities and assets; b)promoting regeneration,including the redevelopment of brownfield sites; c)accommodating an appropriate range and mix of housing in rural settlement areas; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e)using rural infrastructure and public service facilities efficiently; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; Development Services March 2, 2022 Report No. DS2022-022 Page 3 of 17 Page 249 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... g)providing opportunities for sustainable and diversified tourism,including leveraging historical,cultural,and natural assets; h)conserving biodiversity and considering the ecological benefits provided by nature;and i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3.1.1.4.2 In rural areas,rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands,a planning authority shall apply the relevant policies of Section 1:Building Strong Healthy Communities, as well as the policies of Section 2:Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.5.2 On rural lands located in municipalities,permitted uses are: a)the management or use of resources; b)resource-based recreational uses(including recreational dwellings); c)residential development,including lot creation,that is locally appropriate; d)agricultural uses,agriculture-related uses,on-farm diversified uses and normal farm practices,in accordance with provincial standards; e)home occupations and home industries; f)cemeteries;and g)other rural land uses. 1.1.5.3 Recreational,tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available,and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 2.0 Wise Use and Management of 2.1.1 Natural features and areas shall be protected for the long term. Resources 2.1.2 The diversity and connectivity of natural features in an area,and the long- 2.1 Natural Heritage term ecological function and biodiversity of natural heritage systems,should be maintained,restored or,where possible,improved,recognizing linkages between and among natural heritage features and areas,surface water features and ground water features. 2.1.3 Natural heritage systems shall be identified in Ecoregions 6E&7E1, recognizing that natural heritage systems will vary in size and form in settlement areas,rural areas,and prime agricultural areas. 2.3 Agriculture 2.3.4 Lot Creation and Lot Adjustments 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: a)agricultural uses,provided that the lots are of a size appropriate for the type of agricultural use(s)common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b)agriculture-related uses,provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c)a residence surplus to a farming operation as a result of farm consolidation, provided that:1.the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services;and 2.the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance.The approach used to ensure that no new residential dwellings are permitted on the remnant parcel Development Services March 2, 2022 Report No. DS2O22-022 Page 4 of 17 Page 250 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... may be recommended by the Province,or based on municipal approaches which achieve the same objective;and d)infrastructure,where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 2.3.4.2 Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. 2.3.4.3 The creation of new residential lots in prime agricultural areas shall not be permitted,except in accordance with policy 2.3.4.1(c) 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe, 2020 As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 2 are applicable to this application. It is my opinion that the proposed consent to create one new lot does not conform to the applicable Growth Plan policies for the following reasons: • The consent will facilitate new residential development on lands designated Greenlands and Agricultural under the Official Plan as opposed to protecting and enhancing the natural heritage features and functions of the subject property and surrounding area; • The subject property is part of the natural heritage system and agricultural system and is not located in a settlement area; • Development of the severed lands will remove existing natural heritage features and adversely impact the natural and agricultural character of these lands; • The proposal represents fragmentation of the existing natural heritage and agricultural systems to establish a new residential lot, as opposed to development of an existing lot of record. Table 2 - Policy Matrix (A Place to Grow — Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. Development Services March 2, 2022 Report No. DS2022-022 Page 5 of 17 Page 251 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. • Support and enhance the long-term viability and productivity of agriculture by protecting prime agricultural areas and the agri-food network 2.2 Policies for Where and 2.Forecasted growth to the horizon of this Plan will be allocated based on the following: How to Grow a)the vast majority of growth will be directed to settlement areas that: 2.2.1 Managing Growth i.have a delineated built boundary; ii.have existing or planned municipal water and wastewater systems;and iii.can support the achievement of complete communities; c)within settlement areas,growth will be focused in: i.delineated built-up areas; ii.strategic growth areas; iii.locations with existing or planned transit,with a priority on higher order transit where it exists or is planned;and iv.areas with existing or planned public service facilities; d)development will be directed to settlement areas,except where the policies of this Plan permit otherwise; e)development will be generally directed away from hazardous lands;and f)the establishment of new settlement areas is prohibited. 3.Upper-and single-tier municipalities will undertake integrated planning to manage forecasted growth to the horizon of this Plan,which will: a)establish a hierarchy of settlement areas,and of areas within settlement areas,in accordance with policy 2.2.1.2; b)be supported by planning for infrastructure and public service facilities by considering the full life cycle costs of these assets and developing options to pay for these costs over the long-term; c)provide direction for an urban form that will optimize infrastructure,particularly along transit and transportation corridors,to support the achievement of complete communities through a more compact built form; d)support the environmental and agricultural protection and conservation objectives of this Plan;and e)be implemented through a municipal comprehensive review and,where applicable, include direction to lower-tier municipalities. 4.2 Protecting What is 3.Within the Natural Heritage System for the Growth Plan: Valuable a)new development or site alteration will demonstrate that: 4.2.2 Natural Heritage System i.there are no negative impacts on key natural heritage features or key hydrologic features or their functions; ii.connectivity along the system and between key natural heritage features and key hydrologic features located within 240 metres of each other will be maintained or, where possible,enhanced for the movement of native plants and animals across the landscape; iii.the removal of other natural features not identified as key natural heritage features and key hydrologic features is avoided,where possible.Such features should be incorporated into the planning and design of the proposed use wherever possible; iv.except for uses described in and governed by the policies in subsection 4.2.8,the disturbed area,including any buildings and structures,will not exceed 25 per cent of the total developable area,and the impervious surface will not exceed 10 per cent of the total developable area; v.with respect to golf courses,the disturbed area will not exceed 40 per cent of the total developable area;and Development Services March 2, 2022 Report No. DS2022-022 Page 6 of 17 Page 252 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... vi.at least 30 per cent of the total developable area will remain or be returned to natural self-sustaining vegetation,except where specified in accordance with the policies in subsection 4.2.8; b)the full range of existing and new agricultural uses,agriculture-related uses,on-farm diversified uses,and normal farm practices are permitted.However,new buildings or structures for agricultural uses,agriculture-related uses,or on-farm diversified uses are not subject to policy 4.2.2.3 a),but are subject to the policies in subsections 4.2.3 and 4.2.4. 4.2.6Agricultural System 2.Prime agricultural areas,including specialty crop areas,will be designated in accordance with mapping identified by the Province and these areas will be protected for long-term use for agriculture. 3.Where agricultural uses and non-agricultural uses interface outside of settlement areas,land use compatibility will be achieved by avoiding or where avoidance is not possible,minimizing and mitigating adverse impacts on the Agricultural System.Where mitigation is required,measures should be incorporated as part of the non-agricultural uses,as appropriate,within the area being developed.Where appropriate,this should be based on an agricultural impact assessment. 4.The geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network will be maintained and enhanced. 5.The retention of existing lots of record for agricultural uses is encouraged,and the use of these lots for non-agricultural uses is discouraged 3. Simcoe County Official Plan The subject property is designated "Greenlands" and "Agricultural" under the Simcoe County Official Plan. On the basis of the review of the specific policies of the Simcoe County Official Plan provided in Table 3, it is my opinion that the consent application does not conform to the applicable policies of County of Simcoe Official Plan, for the following reasons: • The proposed consent will result in fragmentation and removal of natural heritage features on the severed lands with the potential to adversely impact the natural heritage connectivity with the retained lands and surrounding properties; • The subject property is not located in a settlement area and the proposed consent will not protect and enhance the natural heritage features and agricultural character of the property and surrounding area; and • The proposed consent does not satisfy the lot creation policies set out in the Official Plan, specifically sections 3.3 and 3.6. Table 3 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; Development Services March 2, 2022 Report No. DS2022-022 Page 7 of 17 Page 253 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management The planning strategy of this Plan is based on four themes: Strategy • Direction of a significant portion of growth and development to 3.1 Strategy settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry,aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.3 General Development Policies 3.3.1 In the Rural,Agricultural,and Greenlands designations,only one detached dwelling may be located on a lot as permitted in this Plan and subject to appropriate Lot Creation local municipal official plan,zoning and municipal by-laws.In areas outside of the Oak Ridges Moraine Conservation Plan area,local municipal official plans may make provision for second units such as semi-detached dwelling units,accessory apartments,structures providing accommodation for temporary or seasonal farm help,garden suites,or other temporary accommodations,with the provision of adequate water and sewage treatment facilities.Second detached accessory dwellings may be permitted in accordance with local municipal official plan policies and shall be located in the building cluster. 3.3.2 Subdivision of land by plan of subdivision or consent,or plans of condominium,are permitted only for the land uses permitted in the designation or that maintain the intent of the Plan's objectives and policies. 3.3.3 In the Rural,Agricultural and Greenlands designations consents to create separate lots for two dwellings established in accordance with Section 3.3.1 are expressly prohibited. 3.3.4 Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe,the Province of Ontario,or local municipalities.Exceptions may occur in plans of condominium where the condominium development has access to a public highway.Subject to local municipal bylaws and official plans lots may be created on existing private roads or water only access. 3.3.5 Consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan,Provincial policies and legislation. 3.3.7 Development,including lot creation,is discouraged outside of but adjacent to, or in close proximity to settlement area boundaries in order to enable the efficient expansion of settlement areas.Where lands are designated Rural within one Development Services March 2, 2022 Report No. DS2022-022 Page 8 of 17 Page 254 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... kilometre of a primary settlement area,the land use policies for prime agricultural areas shall apply.In certain circumstances,the existence of natural or human-made boundaries can be considered justification for an increase or decrease in the one kilometre distance as established in the local municipal official plan.Where a rural employment area exists in accordance with 3.7.6 or where an expansion of same is proposed in accordance with 3.7.7,the Rural policies shall apply. 3.6Agricultural 3.6.1 To protect the resource of prime agricultural lands and prime agricultural areas,while recognizing the inter-relationship with natural heritage features and Objectives areas and ecological functions,by directing development that does not satisfy the Agricultural policies of this Plan to Settlements and the Strategic Settlement Employment Areas and Economic Employment Districts and directing limited uses that are more suitable to the Rural designation accordingly. 3.6.2 To enable the agricultural industry to function effectively in prime agricultural areas by minimizing conflicting and competing uses while accommodating uses and facilities which support the agricultural economy in accordance with the Planning Act and the Farm Practices Protection Act and its successors. 3.6.3 To ensure the availability and sustainability of prime agricultural areas for long-term use for agriculture and support a diversified agricultural economy. 3.6.4 To promote a sustainable local food system that enhances opportunities for food,agriculture and agriculture-related businesses and/or producers to deliver products locally. Policies 3.6.5 Prime agricultural areas are identified by the Agricultural designation on Schedule 5.1 and shall be protected for long-term use for agriculture.All types,sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 3.6.6 Permitted uses within the Agricultural designation are agricultural uses, agriculture-related uses(PPS 2014),processing of agricultural products,on-farm diversified uses,natural heritage conservation and forestry,mineral aggregate operations subject to Section 4.4,and agricultural produce sales outlets generally marketing production from the local area. 3.6.7 In the Agricultural designation lot creation is discouraged and may only be permitted for:a)Agricultural uses,provided new lots for agricultural uses should not be less than 40 hectares or the original survey lot size,whichever is lesser,or 16 hectares in specialty crop areas.b)Agriculture-related uses(PPS 2014),provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services.Residential uses shall be prohibited on such lots,and they shall be zoned accordingly;c)a residence surplus to a farming operation as a result of farm consolidation,provided that: i.the new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services,and should be an approximate size of 1 hectare;and ii.new residential dwellings are prohibited on any remnant parcel of farmland created by the severance.To ensure that no new residential dwellings are permitted on the remnant parcel,municipalities may use approaches such as zoning to prohibit the development of a dwelling unit(s),and/or the municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies;or d) infrastructure,where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 3.6.8 Lots may be created for agriculture-related uses provided that the use must be in close proximity to the farm operation(s)and cannot be accommodated on the farm or existing lots of record or directed to the Rural or Settlement designations. The lot should be in a location that is separated from the primary farm operations by physical features or where it causes minimal disruption to farm operations.If possible,the lot should be located on lower quality soils.The lot size shall be kept to the minimum required to accommodate the use and appropriate on-site sewage Development Services March 2, 2022 Report No. DS2022-022 Page 9 of 17 Page 255 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... and water services,and should generally not be larger than 1 hectare.Residential uses shall be prohibited on such lots,and they shall be zoned accordingly.The local municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies. 3.6.9 Prime agricultural areas are areas where prime agricultural lands predominate. Specialty crop areas shall be given the highest priority for protection,followed by Classes 1,2,and 3 soils,in order of priority. 3.6.10 Development in prime agricultural areas should wherever possible be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system and cultural features. 4. Township of Oro-Medonte Official Plan The subject property is designated "Agricultural' on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 4 addresses the applicable policies. It is my opinion that the proposed consent does not conform to the Township Official Plan for the following reasons: • The proposed consent will not protect or enhance the natural heritage features and functions on the subject property, • The proposed consent will fragment agricultural land to facilitate development of a new residential lot outside of a settlement area, which will not protect, maintain or enhance the agricultural character of the rural area; • Land suitable for agricultural use will be developed for residential purposes as opposed to representing regeneration on an existing lot of record; • The proposal is better suited to land in a settlement area that do not contribute to the important agricultural and natural heritage character and function of the area. Table 4 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES It is the goal of this Plan to protect and enhance significant natural heritage features A2.1 Natural Heritage and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values, opportunities,limits and constraints that it provides,guides land use decision- making in the Township. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. Development Services March 2, 2022 Report No. DS2022-022 Page 10 of 17 Page 256 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character 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 landform feature of the Township. b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. A2.6 Growth and Settlement a)To direct the majority of new residential growth to settlements. d)To encourage the more efficient use of land in settlements,where appropriate. A2.6.2 Strategic Objectives SECTION C1—AGRICULTURAL C1.1 OBJECTIVES a)To maintain and preserve the agricultural resource base of the Township. b)To protect land suitable for agricultural production from development and land uses unrelated to agriculture. c)To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. d)To preserve and promote the agricultural character of the Township and the maintenance of the open countryside. C1.2 PERMITTED USES The principle use of land in the Agricultural designation as shown on the schedules to this Plan shall be agriculture.Other permitted uses include single detached dwellings,bed and breakfast establishments,home occupations,home industries, commercial dog kennels,forestry,resource management uses,farm implement dealers and feed and fertilizer distribution facilities,storage facilities for agricultural products,greenhouses,agricultural research and training establishments,farm related tourism establishments,agriculturally-related commercial uses,commercial uses on farm properties and seasonal home grown produce stands.Wayside pits and portable asphalt plants are also permitted.All existing commercial and industrial uses are also permitted.The designation also permits existing tourist commercial uses such as private parks,trailer or recreational vehicle parks,mobile home parks,rental cabin establishments and private campgrounds and accessory recreational and commercial facilities and existing recreational uses such as golf courses.The development of new tourist commercial and recreational uses in the Agricultural designation is not contemplated by this Plan C1.3 DEVELOPMENT POLICIES It is the intent of this Plan that land which is suitable for agricultural use be protected from development and land uses that are unrelated to agriculture.It is C1.3.1 The Creation Of New Lots For also the intent of this Plan to encourage the expansion,consolidation and Agricultural Purposes development of new agricultural uses since the agricultural sector greatly contributes to the economy of the municipality.Council supports the development of new specialized agricultural uses in the Township as these uses have the potential to increase the amount of agricultural activity in the municipality. Development Services March 2, 2022 Report No. DS2022-022 Page 11 of 17 Page 257 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is my opinion that the requested consent is not consistent with PPS 2020, does not conform to the Growth Plan and does not have regard to the applicable matters of provincial interest. Section 51(24) of the Planning Act sets out criteria for evaluating proposals for subdivision, including consent. I have reviewed these criteria and it is my opinion that the proposed consent does not satisfy the following criteria: a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (h) conservation of natural resources and flood control. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The following Goal of the Plan are relevant to these applications: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Development Services March 2, 2022 Report No. DS2022-022 Page 12 of 17 Page 258 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... I am of the opinion that this application is not consistent with the Corporate Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building Division —Applicant/owner to identify sewage envelope, surrounding well clearances and building envelope in conformance with Ontario Building Code clearance requirements at time of Building Permit. • Township Development Engineering — No objection to the application. • Township Operations Division - require a 15mx15m daylight triangle at the SE corner of Line 2 North and Peter St. West. • Bell Canada — No comments or concerns. • County of Simcoe — County Staff do not support the application on the basis that it is not consistent with PPS 2020, does not conform to the Growth Plan and does not conform to the Official Plan of the County of Simcoe. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Consent 2022-B-02 be denied for the reasons that the application is not consistent with the Provincial Policy Statement 2020, does not conform to the Growth Plan 2020, does not conform to the Official Plans for the Township of Oro- Medonte and the County of Simcoe, does not satisfy section 51(24) of the Planning Act, R.S.O. 1990, c. P.13, and does not represent good planning. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services February 25, 2022 Andria Leigh, Deputy CAO & Director Development Services February 25, 2022 Development Services March 2, 2022 Report No. DS2022-022 Page 13 of 17 Page 259 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map .p a 6237 fi212 PeEar St.W. z N 371 C 1127 1121 1113 1101 i091 1079 1067 1066 J (04 6119 5944 H070 6007 Schedule 1 Location r—h;pca/o EDSubject Lands P—d He.rimge,Exciting Put- 0 200 M File Number:2022•B•02 Development Services March 2, 2022 Report No. DS2022-022 Page 14 of 17 Page 260 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo Peter St.W. I� 9 i �r i C J Schedule 2 �4� ` Aerial Photo QSubjed Lands P—d Huifmge,F—W!.g Furare �JI1 a ea m File Number 202213-02 '� 1 Development Services March 2, 2022 Report No. DS2022-022 Page 15 of 17 Page 261 of 355 i kAJJ mm-1.11mil In In 1® IF a s 1i pq� I 4 3 1 ,{ �•�■ A•: �pyq YI 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan o .p,�i��►-cD /Val POP-91 W 3o Development Services March 2, 2022 Report No. DS2022-022 Page 17 of 17 Page 263 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... From: Saunders, David Sent: February 10, 2022 11:21 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-13-02) Mitchell Development Engineering has No Objection to the above noted Application. Regards Page 264 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... From: Metras, Justin Sent: February 10, 2022 11:42 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-13-02) Mitchell Abbey Operations will require a 15mx15m daylight triangle at the SE corner of Line 2 North and Peter St. West. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 265 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... From: Wilson, Delanie Sent: February 14, 2022 3:56 PM To: Planning<Planning@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-13-02) Mitchell Good afternoon, Building division comments are as follows: 1. Applicant/owner to identify sewage envelope, surrounding well clearances and building envelope in conformance with Ontario Building Code clearance requirements Kind regards, Page 266 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: February 16, 2022 9:01 AM To: Planning<Planning@oro-medonte.ca> Subject: [External] FW: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-B-02) Mitchell Bell Fiel: 705-22-182 Good morning, Bell Canada does not have any comments or concerns regarding this Notice. Thank you, Mary Mary McCartney Bell Canada - Right of Way Associate Floor 2, 140 Bayfield St Barrie, ON L4M 3B1 705-722-2219 or1-888-497-8735 Page 267 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... W=WEWWW=W% County of Simcoe Main Line (705)726-9300 S1COUNTYOOF Planning Department Toll Free (866)893-9300 ]�/�' ' `� "'" Midhurst,Qnt way no L9X 1 N6 imcoe.ca 27-4276 ,4�, ` February 22nd, 2022 VIA EMAIL Andy Karaiskakis, Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON, LOL 2E0 RE: Circulation —Consent Application 2022-13-02 Owner: Gordon & Ruth Mitchell Subject Lands: 6171 Line 2 North, Township of Oro-Medonte, County of Simcoe County File: OM-13-2201 Thank you for circulating the County of Simcoe with respect to the above noted consent application. As indicated in the materials provided by the Township, the applicant is proposing to create one new residential lot with an area of approximately 1 ac (0.4 ha) and one retained lot for continued residential use with an area of approximately 2.81 ac (1.14 ha). The subject lands are primarily designated Greenlands with a portion of the lot to the north being designated Agricultural on Schedule 5.1 Land Use Designations in the Simcoe County Official Plan (SCOP). The lands are also within the Agricultural system identified in the Provincial Policy Statement (PPS) 2020 and A Place To Grow Growth Plan for the Greater Golden Horseshoe (Growth Plan) 2020. The majority of the property is also covered by forested area. Provincial Policy Statement, 2020 The subject lands are considered to be within the provincial prime agricultural area. The Agricultural policies of the PPS encourage a policy framework that take an agricultural system approach to lands in prime agricultural areas. Section 2.3.4.1 of the PPS states that lot creation in prime agricultural areas is discouraged and may only be permitted for agricultural uses, agricultural-related uses, a residence surplus to a farming operation as a result of farm consolidation, and infrastructure. County Planning Staff are of the opinion that the proposed consent is not consistent with the lot creation policies of the PPS and therefore, is not permitted. For further clarification on permitted uses within the Prime Agricultural Areas in accordance with the PPS, please refer to the Ministry of Agriculture, Food and Rural Affairs Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas, Publication 851. A Place To Grow Growth Plan for the Greater Golden Horseshoe, 2020, as Amended Page 268 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... The lands are subject to the Agricultural System policies of the Growth Plan for the Greater Golden Horseshoe. The use of lots for non-agricultural uses is discouraged and the proposed residential lot creation is not consistent with subsection 4.2.6 of the Growth Plan. Simcoe County Official Plan The objectives of the County Agricultural designation are to enable the agricultural industry to function effectively in prime agricultural areas and to ensure prime agricultural areas are available and sustained for long-term agricultural use. The creation of residential lots is discouraged within the agricultural designation and is only permitted in accordance with policies 3.6.7 and 3.6.8. Based on the information the County has received, the proposed consent does not conform to the County Official Plan. The County recognizes that there are a number of historically existing residential lots in this area and it is unlikely that these lots are or will be used for agricultural purposes however the agricultural policies are based on a system approach with the objective to protect current and future agricultural operations from further fragmentation that can lead to increasing the potential land use conflict between non-agricultural and agricultural uses. In addition to the agricultural policies, the Greenlands designation of the SCOP applies to the majority of the property. The Greenlands designation includes the natural heritage system of the County and these policies align with provincial natural heritage policies. The objectives of the County Official Plan are to protect and restore the natural heritage system to sustain natural heritage features for future generations. The permitted uses within the Greenlands designation are outlined in subsection 3.8.15 of the SCOP. Residential uses are only permitted in the Greenlands designation on lots that were already in existence as of May 9t", 2016 therefore the proposed residential lot creation does not conform to the County's Official Plan policies and is not permitted. Based on current planning policy, the proposed consent to create a residential parcel in the Agricultural and Greenlands designations is not consistent with the Provincial Policy Statement and does not conform to the Growth Plan or the County Official Plan. Based on the above, County Planning staff cannot support the application. Please circulate a copy of the Notice of Decision for this application to the attention of the County of Simcoe Planning Department via planning.notices(O-)_simcoe.ca If you have any questions or require further information, please do not hesitate to contact the undersigned. Sincerely, The Corporation of the County of Simcoe MA(2k" Keirsten Morris Planner II P: 705-726-9300 x 1973 E: keirsten.morris(a)simcoe.ca cc: Dan Amadio, Manager of Planning — County of Simcoe Page 2 of 2 Page 269 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... 0 ZZ IZ- 75 w � Y O Q� W O � C � c � �\ r W U N Z eon *%%—WOO N O m a N N O N O C6 U D •QL ry Q Q Q o CU �--+ Z U) C6 U to U � a ca •— � N O U Page 270 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... O . . cU (6 U +^� Cfl ca 4 Ca 00 M LO (� _ . 00 N +� U a) .MLO � V N tiLO O — N O ca m U = i E E o O N � J CLo ov m N (n Q O � Q N Q Q Q O L- a- 4-0 N � � — _ O Q OLO ci +� — Li CIOCU CU U L 00 � � � V- ca CL a- U -E � o I-- 1-- -0 LO >, � }, O J > 5 ) _ CU (Doc O ox o O E x O OQOCD- O Q Q Q U a) ca. < -r— cU a) a, O (n = Q CL a) 0 CL (D L LL a Q D 0. 0 Page 271 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... 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AAA U .. � 4-0 (6 G � _0 *%%-WOO O L a) IN O 0 > o O CU U Q- - - r U) Q 0 � - - W ca N _0 a. fi 0 O O l. _-. a) O �1 U) *- L O }, Page 276 of 355 6J) 6.50 p.m. DS2022-022, Michael Barton, Township Planning Consultant ... 0 v '5 O 6w E4- � LOQ E u L w W U U N U i o i L O N (6 "' ~ C7 3 Q ccN U EA �\ OF O U > — tA UO i A\ O W O O 70 U O a N f -0 �. _ U U ° CD U � v? 5 c � '� O � G 8O U N O Q O 0 N Q (n QE 'E O O 0) M L O Q.E (D o M n - v M �' a O N N _0 N = O = to -0 = U o N N N O N N o .EM70 - p mi5a, � E N N L oLoo N o 0 N E U O L 0 O N 04 O O U_ D O U _ _ N }� 70 U 2 E U (n 9), Q O U � �' E Q OLZ (6 0 ( a)U � a,N CO o Q M (D N N E O j.� 70 N .E- —E U) FD LZ E -0 J U O > N � 7^ N Ll 70 N I` (D '0N O @ E �I L 0 � 'q OU O O ^' 0 U o � � U N W O 0 � E U N U .-. O U (n > NO N U O O O N W_ "� -0 O 0 �-700 Z3 E U NUOOO M E N N U U_ 0� E O Q O U N N G� N N = O N � N _0 O U N N O O N C N E O >N p L O O � '" -0 _0 C� aoi nab Q N C'7 Page 277 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2022-023 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # March 2, 2022 Consent Application 2022-B-05 Roll #: Nicole Reynolds R.M.S. File #: 4346-020-003-06100 4075 Line 8 North D13 60395 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-023 be received and adopted. 2. That the Development Services Committee defer Application 2022-B-05 being a boundary adjustment to convey a parcel having an area of 3.1 hectares (7.7 acres) from 4075 Line 8 North, to be added to the adjacent parcel at 4065 Line 8 North, while retaining the existing single detached dwelling and accessory structure on retained lands of 0.46 hectares (1.13 acres). The purpose of this deferral would be to allow the Applicant is to provide the detailed site plan of the retained lot requested by the Township Building Department that includes the building locations, well location, septic location and driveway location. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Existing Conditions This consent application relates to the property known municipally as 4075 Line 8 North (the "subject property"), as illustrated on Schedule 1. An aerial view of this property and its limits is provided on Schedule 2. The subject property has approximately 61 metres (200 feet) of frontage on Line 8 North and lot area of 3.56 hectares (8.83 acres). There is an existing detached dwelling and detached accessory structure located towards the front of the property. The majority of the property is agricultural/rural in nature and vacant of structures. There are also natural heritage features and environmental protection lands towards the rear of the property. 2. Existing Official Plan and Zoning By-Law Designations Development Services March 2, 2022 Report No. DS2022-023 Page 1 of 18 Page 278 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Greenlands and Agricultural • Township of Oro-Medonte Official Plan: Agricultural • Zoning By-Law: Agricultural/Rural (A/RU) and Environmental Protection (EP) 3. Proposal This application for consent will sever approximately 3.1 hectares (7.7 acres) from the subject property and transfer these severed lands to the receiving lands at 4065 Line 8 North. The retained lands will be approximately 0.46 hectares (1.13 acres) in area and will include the existing single detached dwelling and detached accessory structure. The severed lands will be transferred to the receiving lands to form a merged parcel of 6.65 hectares (14.4 acres). The frontage of the retained lands and receiving lands will not be modified by the proposed consent. The dimensions of the severed and retained lands are provided in the table below. Lands to be Severed Lands to be retained Total Merged lands from (4075 Line 8 North) (4065 Line 8 North) 4075 Line 8 North Frontage: Measuring Approximately Approximately Approximately 61 m 200 ft. 61 m 200 ft. Depth: 61 m X 510 m Approximately Approximately (200 ft. X 1673 ft.) 75.3 rm 247 ft. 583 m 1913 ft. Area: Approximately Approximately Approximately 3.1 ha 7.7 ac. 0.46 ha 1.13 ac. 6.65 ha 14.4 ac. Use: Continued horse pasture Continued residential Continued agricultural and residential Based on the information provided in the application, it appears that the severed, merged and retained lands will comply with the applicable zoning regulations and no minor variances are required. The proposed severance reference plan is included in Schedule 4. Analysis: 1 . Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, Development Services March 2, 2022 Report No. DS2022-023 Page 2 of 18 Page 279 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 1 are applicable to this application. The proposed consent will not result in creation of a new lot and will sever and transfer agricultural/rural and environmental protection lands from the subject property leaving the existing single detached dwelling on a lot that satisfies the minimum lot area and frontage requirements. It is my opinion that the proposed consent is consistent with PPS 2020 for the following reasons: • The proposed consent will transfer existing Greenlands and Agricultural lands to an abutting property and maintain the environmental and agricultural/rural character of the severed and retained lands; • The proposal will maintain an existing single detached dwelling on a reduced lot while allowing consolidation of lands used exclusively for rural/agricultural and environmental protection purposes, and • The existing environmental and agricultural/rural character of the subject property and surrounding area will be protected and enhanced. However, it would be appropriate to defer this application until such time as the Applicant has provided a site plan for the retained lot to the satisfaction of the Township Building Department that includes the building locations, well location, septic location and driveway location. Table 1 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e)promoting the integration of land use planning,growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns,optimization of transit investments,and standards to minimize land consumption and servicing costs; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h)promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. 1.1.4 Rural Areas in Municipalities 1.1.4.1 Healthy,integrated and viable rural areas should be supported by: Development Services March 2, 2022 Report No. DS2022-023 Page 3 of 18 Page 280 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... a)building upon rural character,and leveraging rural amenities and assets; b)promoting regeneration,including the redevelopment of brownfield sites; c)accommodating an appropriate range and mix of housing in rural settlement areas; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e)using rural infrastructure and public service facilities efficiently; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; g)providing opportunities for sustainable and diversified tourism,including leveraging historical,cultural,and natural assets; h)conserving biodiversity and considering the ecological benefits provided by nature;and i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3.1.1.4.2 In rural areas,rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands,a planning authority shall apply the relevant policies of Section 1:Building Strong Healthy Communities, as well as the policies of Section 2:Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.5.2 On rural lands located in municipalities,permitted uses are: a)the management or use of resources; b)resource-based recreational uses(including recreational dwellings); c)residential development,including lot creation,that is locally appropriate; d)agricultural uses,agriculture-related uses,on-farm diversified uses and normal farm practices,in accordance with provincial standards; e)home occupations and home industries; f)cemeteries;and g)other rural land uses. 1.1.5.3 Recreational,tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available,and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 2.0 Wise Use and Management of 2.1.1 Natural features and areas shall be protected for the long term. Resources 2.1.2 The diversity and connectivity of natural features in an area,and the long- 2.1 Natural Heritage term ecological function and biodiversity of natural heritage systems,should be maintained,restored or,where possible,improved,recognizing linkages between and among natural heritage features and areas,surface water features and ground water features. 2.1.3 Natural heritage systems shall be identified in Ecoregions 6E&7E1, recognizing that natural heritage systems will vary in size and form in settlement areas,rural areas,and prime agricultural areas. 2.3 Agriculture 2.3.4 Lot Creation and Lot Adjustments 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: Development Services March 2, 2022 Report No. DS2022-023 Page 4 of 18 Page 281 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... a)agricultural uses,provided that the lots are of a size appropriate for the type of agricultural use(s)common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b)agriculture-related uses,provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c)a residence surplus to a farming operation as a result of farm consolidation, provided that: 1.the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services;and 2.the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance.The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province,or based on municipal approaches which achieve the same objective;and d)infrastructure,where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 2.3.4.2 Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. 2.3.4.3 The creation of new residential lots in prime agricultural areas shall not be permitted,except in accordance with policy 2.3.4.1(c) 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 2 are applicable to this application. It is my opinion that the proposed consent conforms to the applicable Growth Plan policies for the following reasons: • The consent will maintain an existing single detached dwelling on a lot that meets the minimum size requirements while also protecting and enhancing the natural heritage features and functions of the subject property and surrounding area; • No lot creation will occur and no development is proposed on the severed or retained lands; • The existing natural heritage features and natural and agricultural character of these lands will be maintained; and • The proposal will consolidate lands that are part of the existing natural heritage and agricultural systems while allowing the existing single detached dwelling to remain on an appropriately sized residential lot. Development Services March 2, 2022 Report No. DS2022-023 Page 5 of 18 Page 282 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... However, it would be appropriate to defer this application until such time as the Applicant has provided a site plan for the retained lot to the satisfaction of the Township Building Department that includes the building locations, well location, septic location and driveway location. Table 2 - Policy Matrix (A Place to Grow — Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. • Support and enhance the long-term viability and productivity of agriculture by protecting prime agricultural areas and the agri-food network 2.2 Policies for Where and 2.Forecasted growth to the horizon of this Plan will be allocated based on the following: How to Grow a)the vast majority of growth will be directed to settlement areas that: 2.2.1 Managing Growth i.have a delineated built boundary; ii.have existing or planned municipal water and wastewater systems;and iii.can support the achievement of complete communities; c)within settlement areas,growth will be focused in: i.delineated built-up areas; ii.strategic growth areas; iii.locations with existing or planned transit,with a priority on higher order transit where it exists or is planned;and iv.areas with existing or planned public service facilities; d)development will be directed to settlement areas,except where the policies of this Plan permit otherwise; e)development will be generally directed away from hazardous lands;and f)the establishment of new settlement areas is prohibited. 3.Upper-and single-tier municipalities will undertake integrated planning to manage forecasted growth to the horizon of this Plan,which will: a)establish a hierarchy of settlement areas,and of areas within settlement areas,in accordance with policy 2.2.1.2; b)be supported by planning for infrastructure and public service facilities by considering the full life cycle costs of these assets and developing options to pay for these costs over the long-term; c)provide direction for an urban form that will optimize infrastructure,particularly along transit and transportation corridors,to support the achievement of complete communities through a more compact built form; d)support the environmental and agricultural protection and conservation objectives of this Plan;and e)be implemented through a municipal comprehensive review and,where applicable, include direction to lower-tier municipalities. 4.2 Protecting What is 3.Within the Natural Heritage System for the Growth Plan: Valuable Development Services March 2, 2022 Report No. DS2022-023 Page 6 of 18 Page 283 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... a)new development or site alteration will demonstrate that: 4.2.2 Natural Heritage System i.there are no negative impacts on key natural heritage features or key hydrologic features or their functions; ii.connectivity along the system and between key natural heritage features and key hydrologic features located within 240 metres of each other will be maintained or, where possible,enhanced for the movement of native plants and animals across the landscape; iii.the removal of other natural features not identified as key natural heritage features and key hydrologic features is avoided,where possible.Such features should be incorporated into the planning and design of the proposed use wherever possible; iv.except for uses described in and governed by the policies in subsection 4.2.8,the disturbed area,including any buildings and structures,will not exceed 25 per cent of the total developable area,and the impervious surface will not exceed 10 per cent of the total developable area; v.with respect to golf courses,the disturbed area will not exceed 40 per cent of the total developable area;and vi.at least 30 per cent of the total developable area will remain or be returned to natural self-sustaining vegetation,except where specified in accordance with the policies in subsection 4.2.8; b)the full range of existing and new agricultural uses,agriculture-related uses,on-farm diversified uses,and normal farm practices are permitted.However,new buildings or structures for agricultural uses,agriculture-related uses,or on-farm diversified uses are not subject to policy 4.2.2.3 a),but are subject to the policies in subsections 4.2.3 and 4.2.4. 4.2.6Agricultural System 2.Prime agricultural areas,including specialty crop areas,will be designated in accordance with mapping identified by the Province and these areas will be protected for long-term use for agriculture. 3.Where agricultural uses and non-agricultural uses interface outside of settlement areas,land use compatibility will be achieved by avoiding or where avoidance is not possible,minimizing and mitigating adverse impacts on the Agricultural System.Where mitigation is required,measures should be incorporated as part of the non-agricultural uses,as appropriate,within the area being developed.Where appropriate,this should be based on an agricultural impact assessment. 4.The geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network will be maintained and enhanced. 5.The retention of existing lots of record for agricultural uses is encouraged,and the use of these lots for non-agricultural uses is discouraged 3. Simcoe County Official Plan The subject property is designated "Greenlands" and "Agricultural' under the Simcoe County Official Plan. On the basis of the review of the specific policies of the Simcoe County Official Plan provided in Table 3, it is my opinion that the consent application conforms to the applicable policies of the Official Plan. The proposed consent will protect and enhance the natural heritage features and agricultural character of the property and surrounding area by consolidating the Agricultural and Greenlands on the subject property with the receiving lands and allowing the existing single detached dwelling to remain on an appropriately sized lot. The proposed consent will not result in creation of a new lot or a lot that does not meet the applicable size requirements. Development Services March 2, 2022 Report No. DS2022-023 Page 7 of 18 Page 284 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... However, it would be appropriate to defer this application until such time as the Applicant has provided a site plan for the retained lot to the satisfaction of the Township Building Department that includes the building locations, well location, septic location and driveway location. Table 3 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management The planning strategy of this Plan is based on four themes: Strategy • Direction of a significant portion of growth and development to 3.1 Strategy settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry,aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.6 Agricultural 3.6.1 To protect the resource of prime agricultural lands and prime agricultural areas,while recognizing the inter-relationship with natural heritage features and Objectives areas and ecological functions,by directing development that does not satisfy the Agricultural policies of this Plan to Settlements and the Strategic Settlement Employment Areas and Economic Employment Districts and directing limited uses that are more suitable to the Rural designation accordingly. 3.6.2 To enable the agricultural industry to function effectively in prime agricultural areas by minimizing conflicting and competing uses while accommodating uses and facilities which support the agricultural economy in accordance with the Planning Act and the Farm Practices Protection Act and its successors. 3.6.3 To ensure the availability and sustainability of prime agricultural areas for long-term use for agriculture and support a diversified agricultural economy. 3.6.4 To promote a sustainable local food system that enhances opportunities for food,agriculture and agriculture-related businesses and/or producers to deliver products locally. Policies 3.6.5 Prime agricultural areas are identified by the Agricultural designation on Schedule 5.1 and shall be protected for long-term use for agriculture.All types,sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. Development Services March 2, 2022 Report No. DS2022-023 Page 8 of 18 Page 285 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... 3.6.6 Permitted uses within the Agricultural designation are agricultural uses, agriculture-related uses(PPS 2014),processing of agricultural products,on-farm diversified uses,natural heritage conservation and forestry,mineral aggregate operations subject to Section 4.4,and agricultural produce sales outlets generally marketing production from the local area. 3.6.7 In the Agricultural designation lot creation is discouraged and may only be permitted for:a)Agricultural uses,provided new lots for agricultural uses should not be less than 40 hectares or the original survey lot size,whichever is lesser,or 16 hectares in specialty crop areas.b)Agriculture-related uses(PPS 2014),provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services.Residential uses shall be prohibited on such lots,and they shall be zoned accordingly;c)a residence surplus to a farming operation as a result of farm consolidation,provided that: i.the new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services,and should be an approximate size of 1 hectare;and ii.new residential dwellings are prohibited on any remnant parcel of farmland created by the severance.To ensure that no new residential dwellings are permitted on the remnant parcel,municipalities may use approaches such as zoning to prohibit the development of a dwelling unit(s),and/or the municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies;or d) infrastructure,where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 3.6.8 Lots may be created for agriculture-related uses provided that the use must be in close proximity to the farm operation(s)and cannot be accommodated on the farm or existing lots of record or directed to the Rural or Settlement designations. The lot should be in a location that is separated from the primary farm operations by physical features or where it causes minimal disruption to farm operations.If possible,the lot should be located on lower quality soils.The lot size shall be kept to the minimum required to accommodate the use and appropriate on-site sewage and water services,and should generally not be larger than 1 hectare.Residential uses shall be prohibited on such lots,and they shall be zoned accordingly.The local municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies. 3.8 Greenlands 3.8.1 To protect and restore the natural character,form,function,and connectivity of the natural heritage system of the County of Simcoe,and to sustain the natural Objectives heritage features and areas and ecological functions of the Greenlands designation and local natural heritage systems for future generations. 3.8.2 To promote biodiversity and ecological integrity within the County's natural heritage features and areas and the Greenlands designation. 3.8.3 To improve the quality,connectivity and amount of woodlands and wetlands cover across the County. 3.8.4 To ensure that species and communities of conservation concern can continue to flourish and evolve throughout the County. 3.8.5 To contribute to the protection,improvement,and restoration of the quality and quantity of surface water and ground water and the function of sensitive surface water features and sensitive ground water features within the County. 3.8.6 To ensure that the Greenlands designation complements and supports the natural heritage systems established in provincial plans and is linked with the natural heritage systems of adjacent jurisdictions,and to require local municipalities to identify and protect natural features and ecological functions that in turn complement and support the Greenlands. 3.8.7 To ensure that the location,scale,and form of development respect and support the protection of the County's natural heritage system. Development Services March 2, 2022 Report No. DS2022-023 Page 9 of 18 Page 286 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... 3.8.8 To provide opportunities for natural heritage enjoyment and appreciation and for recreational and tourism uses in keeping with the Greenlands objectives,that foster healthy and liveable communities and enhance the sense of place and quality of life that characterize the County. 4. Township of Oro-Medonte Official Plan The subject property is designated "Agricultural' on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 4 outlines the applicable policies. It is my opinion that the proposed consent conforms to the Township Official Plan for the following reasons: • The proposed consent will protect and enhance the natural heritage features and functions on the subject property and consolidate these lands and features with those of the receiving lands; • The proposed consent will consolidate agricultural land and natural heritage features while maintaining the existing single detached dwelling on a reduced lot, which will protect, maintain and enhance the agricultural character of the rural area; • Land suitable for agricultural use will be maintained in agriculture and merged with abutting agricultural lands; and • The use of the severed and retained lands will be enhanced for their existing purposes and no new lot will be created. However, it would be appropriate to defer this application until such time as the Applicant has provided a site plan for the retained lot to the satisfaction of the Township Building Department that includes the building locations, well location, septic location and driveway location. Table 4 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES It is the goal of this Plan to protect and enhance significant natural heritage features A2.1 Natural Heritage and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values, opportunities,limits and constraints that it provides,guides land use decision- making in the Township. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. Development Services March 2, 2022 Report No. DS2022-023 Page 10 of 18 Page 287 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character 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 landform feature of the Township. b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. SECTION C1—AGRICULTURAL C1.1 OBJECTIVES a)To maintain and preserve the agricultural resource base of the Township. b)To protect land suitable for agricultural production from development and land uses unrelated to agriculture. c)To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. d)To preserve and promote the agricultural character of the Township and the maintenance of the open countryside. C1.2 PERMITTED USES The principle use of land in the Agricultural designation as shown on the schedules to this Plan shall be agriculture.Other permitted uses include single detached dwellings,bed and breakfast establishments,home occupations,home industries, commercial dog kennels,forestry,resource management uses,farm implement dealers and feed and fertilizer distribution facilities,storage facilities for agricultural products,greenhouses,agricultural research and training establishments,farm related tourism establishments,agriculturally-related commercial uses,commercial uses on farm properties and seasonal home grown produce stands.Wayside pits and portable asphalt plants are also permitted.All existing commercial and industrial uses are also permitted.The designation also permits existing tourist commercial uses such as private parks,trailer or recreational vehicle parks,mobile home parks,rental cabin establishments and private campgrounds and accessory recreational and commercial facilities and existing recreational uses such as golf courses.The development of new tourist commercial and recreational uses in the Agricultural designation is not contemplated by this Plan C1.3 DEVELOPMENT POLICIES It is the intent of this Plan that land which is suitable for agricultural use be protected from development and land uses that are unrelated to agriculture.It is C1.3.1 The Creation Of New Lots For also the intent of this Plan to encourage the expansion,consolidation and Agricultural Purposes development of new agricultural uses since the agricultural sector greatly contributes to the economy of the municipality.Council supports the development of new specialized agricultural uses in the Township as these uses have the potential to increase the amount of agricultural activity in the municipality. Development Services March 2, 2022 Report No. DS2022-023 Page 11 of 18 Page 288 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is my opinion that the requested consent is consistent with PPS 2020, conforms to the Growth Plan and has appropriate regard to the applicable matters of provincial interest. Section 51(24) of the Planning Act sets out criteria for evaluating proposals for subdivision, including consent. I have reviewed these criteria and it is my opinion that the proposed consent generally satisfies these criteria since no new lot is being created and there will be no adverse impact to the character of the subject property and community, particularly the following criteria: a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (f) the dimensions and shapes of the proposed lots; (h) conservation of natural resources and flood control. However, with respect to criteria (f) above, it would be appropriate to defer this application until such time as the Applicant has provided a site plan for the retained lot to the satisfaction of the Township Building Department that includes the building locations, well location, septic location and driveway location. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services March 2, 2022 Report No. DS2022-023 Page 12 of 18 Page 289 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The following Goal of the Plan are relevant to these applications: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. I am of the opinion that these applications are consistent with the Corporate Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering: No objection to the application. • Township Building: The Applicant is to provide detailed site plan of retained lot, including the building locations, well location, septic location and driveway location. • County of Simcoe: No objection to the proposed boundary adjustment. • Bell Canada: No comments or concerns with this application. • Nottawasaga Valley Conservation Authority: No objection to this application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Consent 2022-B-05 be deferred until such time as the Applicant has provided a site plan for the retained lot to the satisfaction of the Township Building Department that includes the building locations, well location, septic location and driveway location. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Development Services March 2, 2022 Report No. DS2022-023 Page 13 of 18 Page 290 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... Approvals: Date: Derek Witlib, Manager Planning Services February 24, 2022 Andria Leigh, Director Development Services ####, 2022 Development Services March 2, 2022 Report No. DS2022-023 Page 14 of 18 Page 291 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map 4314 370 4201 ud S 4182 "rP [3701 4102 4161 398 Warmin ter Srd. 4151 285 289 301 323 351 309 373 377 4107 4095 4128 i 4075 J 4065 4055 4043 4009 3988 4000 3956 3950 3W M84 3928 Schedule 1 Location owris lip EDSubject Lands Proud Heritage,Exritirng Future 300 m File Number:2022-M5 1 Development Services March 2, 2022 Report No. DS2022-023 Page 15 of 18 Page 292 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo I a �l- y 4 Schedule 2 Aerial Photo Subject Lands Proud Ikzimge,L'aefing r,i B 75f: Fie Numbef:2J22-B-05 N I Development Services March 2, 2022 Report No. DS2022-023 Page 16 of 18 Page 293 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos _ 9w j s, Single Detached Dwelling on Retained Lands Lands to be Severed r, ia•a Pi. Y}'W! Lands to be Severed(looking north) Receiving Lands(from Line 8 North) i ■ ■ Existing Structures on Receiving Lands Receiving Lands Schedule 4: Site Plan Development Services March 2, 2022 Report No. DS2022-023 Page 17 of 18 Page 294 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... - r. • � t TYr �- u.S Lt+v- • %15T1�1'4 ESYpEr;c� 5. F3llGriilh �''ICLIY�.+r.�. 7-.e-*,5rl>-u 'YYc w C�4vaaaiE 4. E.•sTt.Li 5Er'6c V-rw'*rt 3. Ottar•ra5 L�En.�- 7, E s�i.+s. crrt aT H. !�w-rmuj r s1EP'rL St4� r. $. X1STrku 9ria Te.*Y*+e+ Fo. Fx 1m.+5 W-1 Straw-3u +, Development Services Services March 2, 2022 Report No. DS2022-023 Page 18 of 18 Page 295 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... From: Saunders, David Sent: February 10, 2022 12:39 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-13-05) Reynolds Development Engineering has No Objection to the above noted Applications. Regards Page 296 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... From: Metras, Justin Sent: February 11, 2022 3:03 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-13-05) Reynolds Abbey Operations has no comments on this application. Thanks Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 297 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... From: Wilson, Delanie Sent: February 14, 2022 4:10 PM To: Planning<Planning@oro-medonte.ca> Cc: McCartney, Garry<gmccartney@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-13-05) Reynolds Good afternoon, Building division comments are as follows: 1. Owner/applicant to provide detailed site plan of retained lot, include: a. Building Locations b. Well location c. Septic Location d. Driveway location Kind regards, Page 298 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: February 15, 2022 10:23 AM To: Planning<Planning@oro-medonte.ca> Subject: [External] FW: Notice of Public Hearing- Development Services Committee Meeting March 02, 2022 (2022-B-05) Reynolds Bell File: 705-22-184 Good morning, Bell Canada has no comments or concerns regarding this Notice. Thank you, Mary Mary McCartney Bell Canada - Right of Way Associate Floor 2, 140 Bayfield St Barrie, ON L4M 3B1 705-722-2219 or1-888-497-8735 Page 299 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... From: Amy Knapp<aknapp@nvca.on.ca> Sent: February 15, 2022 11:12 AM To: Planning<Planning@oro-medonte.ca> Subject: [External] NVCA Comments for(2022-13-05) Reynolds Good Morning, Re: Application for Consent 2022-13-05 4075 Line 8 North, Township of Oro-Medonte NVCA # 50832 The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application in accordance with Natural Hazard and Natural Heritage policies established under the Provincial Policy Statement and regulations established under the Conservation Authorities Act. We understand this application for consent represents a boundary adjustment and no new lots will be created. We offer the following comments. Natural Hazard - Regulatory Comments Policies contained within the PPS restrict development to areas outside of hazardous lands adjacent to shorelines and large inland lakes as well as river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Though there are areas affected by Natural Hazards, no development is proposed and both properties have established building areas outside of Natural Hazards. Natural Heritage - Advisory Comments The two Coldwater River tributaries are important Natural Heritage features on the properties however we believe this boundary adjustment does not represent a risk to their health. Ontario Regulation 172/06 The properties involved in this boundary adjustment are partially affected by this Authority's Development, Interference With Wetlands and Alterations To Shorelines and Watercourses Regulation (Ontario Regulation 172/06). The properties are affected by the regulation due to the existence of two Coldwater River tributaries and their floodplain and erosion hazard areas. The eastern part of the properties are also regulated due to an unevaluated wetland feature on an adjacent property being within 120 metres. Any development within a regulated area requires a permit from the NVCA under the Conservation Authorities Act. Conclusion Based upon our mandate and policies under the Conservation Authorities Act, the NVCA has no objection to this application for consent. Thank you for circulating this application to the NVCA and please advise us of the Commission's decision. Should you require any further information, please feel free to contact the undersigned. Page 300 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... Amy Knapp I Supervisor, Planning Services Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1TO T 705-424-1479 ext.233 I F 705-424-2115 aknapp@nvca.on.ca I nvca.on.ca Page 301 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... From: Maggo, Ishan <Ishan.Maggo@simcoe.ca> Sent: February 23, 2022 3:58 PM To: Planning<Planning@oro-medonte.ca>; Dedora, Abbey<adedora@oro-medonte.ca> Cc:Amadio, Dan <Dan.Amadio@simcoe.ca> Subject: [External] RE: County Comments_OM-B-2203_4075 Line 8 North and 4065 Line 8 North_2022- B-05 Good afternoon Abbey, Thank you for circulating the County on a boundary adjustment/lot addition application for 4075 Line 8 North and 4065 Line 8 North in the Township of Oro-Medonte. The application proposes to sever approximately 3.1 ha (7.7 acres) from 4075 Line 8 North to be added to the abutting property at 4065 Line 8 North. The resulting lot area for 4075 Line 8 North will be approx. 0.46 ha (1.13 acres) and for 4065 Line 8 North will be approx. 6.65 ha (14.4 acres). It is understood that No new lot would be created as a result of the proposed boundary adjustment and the subject lands will continue to be used as their current use. Please note that the subject lands are designated "Agricultural" and "Greenlands"on Schedule 5.1 Land Use Designations to the County of Simcoe Official Plan and are partially regulated by the Nottawasaga Valley Conservation Authority (NVCA). NVCA comments may provide direction on the proposed development in relation to environmental constraints on the subject lands. As per County of Simcoe Official Plan Policy 3.3.5, Consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation. Based on our review and considering that No new lot will be created and the lands will continue to be used as their current use, and that the objectives of the County's Agricultural and Greenlands designation will not be compromised; the County Planning Department would have no objection to the proposed boundary adjustment. Should you have any questions or require further information, please do not hesitate to contact me. Best regards, Ishan Maggo,AITP I M.Plan Planner II County of Simcoe,Planning Department Phone:(705)726-9300,extension-1157 Email:Ishan.Maggo@simcoe.ca Web:www.simcoe.ca Page 302 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... M) �I v EA 3 OM W � ON C) �] 1 I o p N4 M M M m N O N O .V r W C: _0 CL Q ° CU O U (U —Q — z a) � cU 0 O = � a) 0-( (U — U _0 J L- � 'i to :tf � Q O a) U . . . . 0) C: ca O . . }, N CU O UQ Page 303 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... 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A } L VJ z O IGO N O N 4-0 � L Z � p � U 0 °o cU Page 309 of 355 6.g) 7:00 p.m. DS2Q 2 V3, Michael Barton, Tot inship Planning Consultant ... : a A4l 1Y (6 (6 e � ry Lo O m , _ 9 FU U .0 )0 Q (a 0 Q cU ,.r. •> n 0 n\ h i 0) W (n VJ X W Page 310 of 355 6.g) 7.00 p.m. DS2022-023, Michael Barton, Township Planning Consultant ... �4 AAA �+00 OC')CU .0 N C/) X �� O ti N = 0 (/ Q O E O N 0 _0 O > W QN N O O O 4-0O Lo � 4-- -t= Co = to }, Q U E N N 0 O ' ^ ti n COVI,- � O U O � W o Q N Q C: O 1 O L O Q 0 > M _ W CoO Z M N L N U N O m C/) CD4-0 N o Q � O0W � Q _0 O Q N '2 o C) _o O U O U N Q � N to 0 --' •U �_ U U con 0 � � o U 0 .m c u "" W o -0 Q -0 o U 0 � M O Co Co Co to I CV � Q O O — O N L 0 NO 0 (B _ O N . . N O a) � (B W (/) Q > O -0 O O U O O Q. Co-0 =0N 0 oO z O c = 6- Q L N O COO = -0 C) _ � N o � ~ CU E E4-0 E � � O •� U 0 c� Z v� c� cn Q V N M N� C/) LPL � Page 311 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-005 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # March 2, 2022 Zoning By-law Amendment 2021-ZBA-12 (Stan & Lorene Roll #: Casiez) R.M.S. File #: 4346-010-007-07040 2937 Ridge Road West D14-60049 Township of Oro-Medonte Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-005 be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-12, that would rezone a portion of the lands from the Shoreline Residential Exception 134 (SR*134) and Agricultural/Rural Exception 134 (A/RU*134) zones to the Shoreline Residential Exception 142 (SR*142) and Agricultural/Rural Exception 142 (A/RU*142) zones, be approved; 3. That Minor Variance Decision 2011-A-20 be null and void; 4. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration; 5. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: Property Description The subject lands have a lot area of 2.3 hectares (5.8 acres), according to Municipal Property Assessment Corporation (MPAC) records. The property is currently vacant. The majority of the property is heavily treed and there is a cleared area at the south end of the property where the single detached dwelling is proposed to be located. Surrounding land uses predominantly consist of large shoreline residential lots to the east and west, a woodlot to the north and Lake Simcoe to the south (refer to Schedules 1 and 2). Development Services March 2, 2022 Report No. DS2022-005 Page 1 of 25 Page 312 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Previous Planning Applications The subject lands have been subject to a number of Planning Applications over the years. A chronology of the applicable Planning Applications which had an impact on the subject lands are listed below: • Consent Application 2004-B-09 approved a boundary adjustment/lot addition from 2953 Ridge Road West (adjacent property to the West) to 3003 Ridge Road West. • Zoning By-law Amendment Application 2004-ZBA-08 to implement Consent Application 2004-B-09 was approved through By-law 2004-118. It rezoned the north half of the subject lands from Agricultural/Rural Exception 134 (A/RU*134) to Agricultural/Rural Exception 142 (A/RU*142) and the south half of the property from Shoreline Residential Exception 134 (SR*134) to Shoreline Residential Exception 142 (SR*142). • By-law 2006-024 rezoned a portion of the subject lands to Agricultural/Rural Exception 134 (A/RU*134) and a portion to Shoreline Residential Exception 134 (SR*134). • Minor Variance Application 2011-A-20 approved to permit a rear yard setback for structures (including swimming pools) from the average high water mark of Lake Simcoe from 65.0 metres (213.3 feet) to 53.2 metres (174.5 feet) and to permit an increase in height for a boathouse from 4.5 metres (14.8 feet) to 5.4 metres (17.7 feet). • Consent Application 2014-B-22 approved a boundary adjustment/lot addition from 2937 Ridge Road West to 2891 Ridge Road West. • Zoning By-law Amendment application 2014-ZBA-18 rezoned the severed lands from Consent Application 2014-B-22 to match the zoning on the benefitting lands (By-law 2015-002). Development Proposal The purpose of the Zoning By-law Amendment application is to rezone a portion of the subject lands from the Shoreline Residential Exception 134 (SR*134) and Agricultural/Rural Exception 134 (A/RU*134) zones to the Shoreline Residential Exception 142 (SR*142) and Agricultural/Rural Exception 142 (A/RU*142) zones with updated site-specific development standards to accommodate the proposed single detached dwelling and future detached accessory buildings/structures and swimming pool. Exception 142 would be revised to: • Recognize the existing lot frontage of 57.54 metres (188.8 feet); • Recognize the existing lot area of 2.3 hectares (5.8 acres); and, • Amend the minimum westerly and easterly interior side yard setbacks as well as the rear yard setbacks for the proposed single detached dwelling and future accessory buildings/structures and swimming pool. Development Services March 2, 2022 Report No. DS2022-005 Page 2 of 25 Page 313 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Materials/supporting documents that have been submitted with the application consist of: • Planning letter, Baldwin Planning and Development Consultants, dated October 10, 2021 ; and, • Draft amendment to the Zoning By-law. On January 5, 2022 the Development Services Committee held a Public Meeting with respect to the proposed amendment to the Zoning By-law. No concerns were raised by Development Services Committee members or the public at this meeting. 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. In accordance with Schedule B — Natural Features of the Township's Official Plan the property contains a significant woodland; therefore, Section 2.1 — Natural Heritage of the PPS is applicable to this application. As per Section 2.1.5, "Development and site alteration shall not be permitted in: ... b) significant woodlands... unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions" (p. 24). Although the majority of the property has been identified as containing a significant woodland, the single detached dwelling is proposed to be located at the south end of the property in an existing cleared area. Through discussions with the Lake Simcoe Region Conservation Authority (LSRCA), the applicants moved the dwelling further from the east lot line in order to minimize the impact on the woodland. Furthermore, the proposed development is not anticipated to have an adverse impact on the Lake Simcoe shoreline as they are proposing larger setbacks from the average high water mark than typically found on shoreline properties. Based on the above, this application is considered to be consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed single detached dwelling and future accessory building(s) and swimming pool are consistent with the Rural Areas policies in Development Services March 2, 2022 Report No. DS2022-005 Page 3 of 25 Page 314 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... 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. According to Schedule B of the Township's Official Plan, the majority of the property has been identified as a significant woodland; therefore, Section 4.2.3 — Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features is applicable. This section states that outside settlement areas, development or site alteration is not permitted in key natural heritage features and lists a few exceptions. In Planning Staff's opinion, this Zoning By-law Amendment seeks to make minor refinements to the placement of the proposed single detached dwelling. The proposed residential use was already permitted through previous Planning Applications. In Planning Staff's opinion, the proposed development meets the general intent of these policies as the applicants are proposing to build in an existing cleared area; therefore, limiting the number of trees removed, if any. Furthermore, the Lake Simcoe Region Conservation Authority provided comments in support of this application, see Schedules 9 and 10 to this report. Based on the above, Planning Staff are satisfied that the application conforms to the Growth Plan. Lake Simcoe Protection Plan The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the application and indicated that they were in support of the application and they were satisfied from a watershed management perspective that the application could be made consistent with the applicable natural heritage and hazard policies of the PPS, and in conformity with applicable provincial policies in the Lake Simcoe Protection Plan. However, they requested that the applicants reach out to them to discuss the proposed site plan. Through further discussions, LSRCA Staff recommended that the dwelling be shifted further away from the east lot line so that it is confined within the existing cleared area in order to minimize the impact on the existing wooded areas. The applicants submitted a revised site plan which was reviewed and approved by the LSRCA. The LSRCA noted that a Shoreline Restoration Plantings Plan is to be prepared and reviewed by the LSRCA and that an LSRCA Permit will be required ahead of any development or site alteration within the regulation limit. The LSRCA's full comments are attached as Schedules 9 and 10 to this report. Development Services March 2, 2022 Report No. DS2022-005 Page 4 of 25 Page 315 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... County of Simcoe Official Plan The subject lands are designated 'Green lands' and `Rural' in the County of Simcoe Official Plan, see Schedule 4 to this report. The single detached dwelling is proposed to be located in the portion designated Rural. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed single detached dwelling and associated future accessory building(s) and swimming pool are consistent with the County's Official Plan as they are a permitted use. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated Rural, Shoreline and Environmental Protection Two in accordance with Schedule "A — Land Use" of the Township's Official Plan (see Schedule 5). The objectives of the Rural designation are to: • To preserve and promote the rural character of the Township and the maintenance of the open country side; and, • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. The objectives of the Shoreline designation are to: • 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. The single detached dwelling is proposed to be located in the area designated Shoreline. A single detached dwelling is listed as a permitted use in accordance with Section C5.2 of the Township's Official Plan. The Environmental Protection Two overlay designation follows the boundary of the Significant Woodland (see Schedule 6 to this report). In accordance with Section B3.3 - Permitted Uses, the uses permitted in these areas shall be those permitted by the underlying designation provided that the use conforms to the policies of Section B3. In accordance with Section B3.4 of the Township's Official Plan: "New development on lands within the Environmental Protection Two overlay designation is generally discouraged by this Plan. The development of any use in the Environmental Protection Two overlay designation that requires either an amendment to the Zoning By-law or to this Plan shall also be subject to the preparation of an Environmental Impact Study (EIS) and a Management Plan (MPy. In Planning Staff's opinion, no policy objective would be served by requiring an Environmental Impact Study for the purposes of the proposed single detached dwelling, as the development is proposed to be located at the south end of the property, in an Development Services March 2, 2022 Report No. DS2022-005 Page 5 of 25 Page 316 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... area which has already been cleared; therefore, the proposed development is not anticipated to have an adverse impact on the significant woodland. Planning Staff obtained comments from the Lake Simcoe Region Conservation Authority (LSRCA) in support of this application. Through discussions with the LSRCA, the placement of the dwelling was shifted slightly in order to minimize the impact on the existed wooded areas. Based on the above, Planning Staff finds this application to be in conformity with the township's Official Plan. Proposed Zoning By-law Amendment The subject property is currently zoned Agricultural/Rural Exception 134 (A/RU*134), Agricultural/Rural Exception 142 (A/RU*142), Shoreline Residential Exception 134 (SR*134) and Shoreline Residential Exception 142 (SR*142) in the Township's Zoning By-law 97-95, as amended, see Schedule 7 to this report. Exception 134 states the following: "*134 - Part of Lots 1 and 2, Concession 2 (Former Oro) [By-law 2012-106] Notwithstanding any other provision in this By-law: a) the minimum lot frontage required is approximately 180.00 metres (590.55 feet), and minimum lot area required is approximately 6.9 hectares (17.05 acres) on the lands denoted by the symbol *134 on the schedule to this By-law. b) accessory buildings or structures are prohibited on the lands zoned Agricultural/Rural (A/RU) and denoted by the symbol *134 on the schedule to this by-law. For the purposes of the Section such buildings or structures may include a swimming pool, a tennis court, change facilities, and garage/storage buildings, provide such buildings or structures are accessory to a residential use on the same lot. c) The provisions of Section 5.28, "Setbacks from Limits of Environmental Protection Zone ", do not apply to the lands denoted by the symbol *134 on the schedules to this By-law". Exception 142 currently states the following: "*142 - Part of Lots 1 and 2, Concession 2 (Former Oro) [By-law 2004-118, 2015-002] Notwithstanding any other provision in this By-law, the minimum lot frontage required is approximately 60.00 metres (196.85 feet), the minimum lot area required is approximately 1 .9 hectares (4.69 acres), and the minimum interior side yard is 20.0 metres and on the lands denoted by the symbol *142 on the schedule to this By-law. Further notwithstanding any other provisions in this By-law, no building, structure or septic tile field shall be located within 65 metres (213.25 feet) of the average high water mark of Lake Simcoe. Further notwithstanding any other provisions in this By-law, accessory buildings or structures are permitted on the lands zoned Agricultural/Rural (A/RU) and denoted by the symbol *142 on the schedule to this by-law. For the purposes of the Section such buildings or structures may include a swimming pool, a tennis court, change facilities, and garage/storage buildings, provide such buildings or structures are accessory to a residential use on the same lot". Development Services March 2, 2022 Report No. DS2022-005 Page 6 of 25 Page 317 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... The applicants have requested to remove exception 134 entirely from the property and rezone the entire property to a revised split zone, Agricultural/Rural Exception 142 (A/RU*142) and Shoreline Residential Exception 142 (SR*142) with updated site- specific provisions. The Draft Zoning By-law Amendment is attached as Schedule 8 to this report. Exception 134 (a) was inaccurate as the property is significantly smaller than the minimum listed in the exception as the lot has a lot area of 2.3 hectares (5.8 acres) and a lot frontage of 57.54 metres (188.8 feet). By removing Exception 134 (b), it would allow accessory buildings and structures anywhere on the property, subject to the revised setbacks listed in exception 142. Exception 134 (c) is not applicable as there is no Environmental Protection Zone within 30.0 metres (98.4 feet) of the subject lands. The applicants have requested to amend Exception 142 to accommodate the proposed single detached dwelling and reflect the existing lot dimensions. The table below compares the current and proposed exception 142 provisions. Exception 142 Current Exception 142 Comments Provisions Proposed Provisions Minimum 60.00 metres (196.85 57.54 metres Changed to reflect the lot feet) (188.8 feet) existing lot frontage frontage: Minimum 1 .9 hectares (4.69 2.3 hectares Changed to reflect the lot area: acres) (5.8 acres) existing lot area Minimum 20.0 metres (65.5 feet) For a single Note: These setbacks interior side detached were revised following yard dwelling: the Public Meeting to setback for 18.01 metres address the LSRCA's a single (59.1 feet) from comments, see detached the West Schedules 9 and 10 to dwelling interior side lot this report. The proposed line interior side yard • 9.78 metres setbacks are significantly (32.1 feet) from larger than typical the East Shoreline Residential lot interior side lot which require a minimum line interior side yard setback of 3.0 metres (9.8 feet) for a single detached dwelling. Minimum 10.0 metres The proposed interior interior side (32.8 feet) from side yard setbacks for a yard the West detached accessory setback for interior side lot building or structure is a detached line significantly larger than accessory 5.0 metres the regular minimum 2.0 building or (16.4 feet) from metres (6.6 feet) setback. structure, the East with the exception Development Services March 2, 2022 Report No. DS2022-005 Page 7 of 25 Page 318 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... of interior side lot boathouses line Exception 142 Current Exception 142 Comments Provisions Proposed Provisions Minimum 65 metres 55.0 metres The proposed rear yard rear yard (213.25 feet) from the (180.4 feet) for setbacks are significantly setback average high water mark a single larger than typical Shoreline of Lake Simcoe (for all detached Residential lots which buildings, structures and dwelling require a setback of 20.0 septic tile field) metres (65.6 feet) from the 29.0 metres average high water mark of (95.1 feet) for a Lake Simcoe. The larger swimming pool setbacks will ensure that and detached the proposed development accessory maintains the minimum building or required setback of 23.0 structure metres (75.5 feet) from the (excluding top of bank of the steep boathouses) slope. Accessory buildings or Accessory buildings and structures are permitted structures are permitted as- on the lands zoned of-right in the Agricultural/Rural (A/RU) Agricultural/Rural and and denoted by the Shoreline Residential symbol *142. For the Zones; therefore, Planning purposes of the Section Staff do not believe that such buildings or these sentences are still structures may include a required in exception 142. swimming pool, a tennis Furthermore, the Zoning court, change facilities, By-law does not regulate and garage/storage the placement of tennis buildings, provide such courts. buildings or structures are accessory to a residential use on the same lot. Due to the location of the proposed dwelling at the south end of the property and the woodland at the north end of the property, the proposed single detached dwelling will not be visible from the road. Planning Staff are satisfied that the proposed development would not detract from the shoreline residential character of the area. Planning Staff have also incorporated into the draft by-law relief which was granted through Minor Variance 2011-A-20 as it relates to the maximum height of a boathouse. By incorporating this relief, Staff are including a recommendation in this report that Minor Development Services March 2, 2022 Report No. DS2022-005 Page 8 of 25 Page 319 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Variance Application 2011-A-20 be null and void as the approvals that were given in that minor variance application are no longer required. 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 buildings will be mitigated on the subject lands and will not impact the neighbouring lots. 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 RSO 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 on December 15, 2021 and notice of the application was circulated to applicable agencies, Township Departments and assessed landowners within 120 metres (400 feet) of the subject lands. The adjacent neighbour to the West, located at 2953 Ridge Road West, submitted a letter of support in favour of the proposed Zoning By-law amendments. As of the preparation of this report, the following comments have been received from internal departments and applicable agencies: Development Services March 2, 2022 Report No. DS2022-005 Page 9 of 25 Page 320 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Infrastructure and Capital Projects — No comments. • Township Building Division — No comments. • Lake Simcoe Region Conservation Authority (LSRCA) — See Schedules 9 & 10 Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Revised Site Plan Schedule 4: County Official Plan — Land Use Schedule 5: Township Official Plan — Land Use Schedule 6: Township Official Plan — Natural Features Schedule 7: Existing Zoning Schedule 8: Draft Zoning By-law Amendment Schedule 9: Lake Simcoe Region Conservation Authority Comments Dated January 5, 2022. Schedule 10: Lake Simcoe Region Conservation Authority Follow-up Comments Dated January 24, 2022. Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2021-ZBA-12 by Stan and Lorene Casiez be approved on the basis that the application is consistent with the Provincial Policy Statement and conforms to the Growth Plan, the County of Simcoe Official Plan and the Township of Oro-Medonte Official Plan and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services February 24, 2022 Andria Leigh, Deputy CAO/Director Development Services February 24, 2022 Development Services March 2, 2022 Report No. DS2022-005 Page 10 of 25 Page 321 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 1: Location Map vI,.0 7 T� -peocs��en.. 1274 T 322 e�eabae. �ier�n- 1292 1241 �idgs. Readw�- GG J Line 3050 siucoe 20 Ridge Rd. 3055 3025 1700 2891 3003 2981 2937 2831 2797 2793 Kempenfelt Say Schedule 1 Location ®Subject Lands Proud Heritage,Excileng Future 0 200 M File Number:2021-ZBA-12 Q I I Development Services March 2, 2022 Report No. DS2022-005 Page 11 of 25 Page 322 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 2: Aerial Photo 7717 -Maoneltoee Ad. I n¢esYoeNale Rd. h Ridge Rtl.UV rep 1 { T p l t r } Schedule 2 Aerial Photo Township of Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2021-ZBA-12 N I I Development Services March 2, 2022 Report No. DS2022-005 Page 12 of 25 Page 323 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 3: Applicant's Revised Site Plan r �d f h I �y +Y I-!k pf - I I OF L — »TCP aE *, �r + 1 - 37 7f + wa3ers'a I E17CE ems.tr iTM Mid + o'ww Schedule 3 Applicant's Site Plan 0 T h,R%��/a�1t� File Number 2021-ZBA-12 Prof+d Heritage,ExritiltQ Furaore Development Services March 2, 2022 Report No. DS2022-005 Page 13 of 25 Page 324 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 4: County Official Plan — Land Use VueYRd T 1 'I JII 'a Hersesh�,Irva11Ey+0.�.' 1 7 fi =Id.l r . T ,�( C /J sQ v' Crpe�S c w � zo RiclgeRal=W Schedule 4 County of Simcoe — Land Use Subject Lands Agricultural 1ownshipo_f/�/f Greenlands - Rural Proud Heritage,Exciting Future o aoa M File Number:2021-ZBA-12 N I 1 1 1 I Development Services March 2, 2022 Report No. DS2022-005 Page 14 of 25 Page 325 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 5: Township Official Plan — Land Use TIVaseyl41. Hen-h— V'I IR& a iI i, iie._ae.an. - r - �9kid9e�R°mod V- om v� lS 1. l � arQ� _ so° Brig-Rii;W yea Schedule 5 Township Official Plan - Land Use C.*Subject Lands MEnvironmental Protection Two Restricted Rural Rural 0 Shoreline Proud Heritage,Excile`ng Future Agricultural -Environmental Protection One 0 400 M File Number:2021-ZBA-12 N I Development Services March 2, 2022 Report No. DS2022-005 Page 15 of 25 Page 326 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 6: Township Official Plan — Natural Features f 4• ! v 11 F -Maone[oo•Rd. v. - - Hersesho•Valle) Rd. - - V Al 20 Rialge Rd w: - ` 4� Schedule 6 Township Official Plan - Natural Features C."Subject Lands 4� Environmental Protection 2 lownshipof Significant Woodlands ��/�" Proud Heritage,Exciting Future Other Wetlands(EP1) 0 400 M File Number:2021-ZBA-12 N I 1 1 1 Development Services March 2, 2022 Report No. DS2022-005 Page 16 of 25 Page 327 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 7: Existing Zoning VaseyRd. HersesH�o vallEy+xd. I I I Ild.g_me•Rd.� A/RU �id9e�lad� �.. A1RU 1 7t ��• RUR2 A1RU A/RU j A/RU SR A/RU p1RU-134 AIR J 7 C , A1RU•135 j SR-133 A1/it-L35 K yb P •14 / // P�J SR-134 SR-142 SR-135 SR-135 A1RU SR*134 v Schedule 7 Existing Zoning RUR2(Rural Residential Two) SR(Shoreline Residential) IN Subject Lands Proud Heritage,Exciting Future i A/RU(Agricultural/Rural) ® EP(Environmental Protection) 0 200 M File Number:2021-ZBA-12 N I Development Services March 2, 2022 Report No. DS2022-005 Page 17 of 25 Page 328 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 8: Draft Zoning By-law Amendment The Corporation of the Township Of Oro-Medonte By-Law No. 2022-022 A By-law to amend the zoning provisions which apply to lands at 2937 Ridge Road West, Concession 2 Part Lot 2 Reference Plan 51 R39788 Parts 2, 3, 5 and 6 (Oro), Township of Oro-Medonte 2021-ZBA-12 (Casiez) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13. And Whereas Council deems it appropriate to rezone the subject lands. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule `A1' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to a portion of the lands located in Concession 2 Part Lot 2 Reference Plan 51 R39788 Parts 2, 3, 5 and 6, Geographic Township of Oro, Township of Oro-Medonte, County of Simcoe, from the Shoreline Residential Exception 134 (SR*134) and Agricultural/Rural Exception 134 (A/RU*134) zones to the Shoreline Residential Exception 142 (SR*142) and Agricultural/Rural Exception 142 (A/RU*142) zones, as shown on Schedule "A" attached and forming part of this By-law. 2. Section 7 — Exception of Zoning By-law 97-95, as amended, is hereby further amended by deleting 7.142 in its entirety and replacing it with the following: 7.142 *142 Concession 2 Part Lot 2 Reference Plan 51 R39788 Parts 2, 3, 5 and 6 (Oro), Township of Oro-Medonte (Casiez) Notwithstanding any other provision in this by-law to the contrary, the following provisions shall apply to the lands zoned A/RU*142 and SR*142: a) Minimum Lot Frontage 57.54 metres (188.8 feet) b) Minimum Lot area 2.3 hectares (5.8 acres) c) Minimum required interior side yard setback From the West lot line: for a single detached dwelling 18.01 metres (59.1 feet) From the East lot line: 9.78 metres (32.1 feet) Development Services March 2, 2022 Report No. DS2022-005 Page 1 of 25 Page 329 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... d) Minimum required interior side yard setback From the West lot line: for a detached accessory building or 10.0 metres (32.8 feet) structure, with the exception of boathouses From the East lot line: 5.0 metres (16.4 feet) e) Minimum required rear yard setback for a 55.0 metres (180.4 feet) single detached dwelling f) Minimum required rear yard setback for a 29.0 metres (95.1 feet) swimming pool and accessory building or structure g) Maximum height for a boathouse 5.4 metres (17.7 feet)" 3. Schedule "A" attached to By-law No. 2022-022 is declared to form a part of this By- law. 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-Law read a First, Second and Third Time, and Passed this 2nd Day of March, 2022. The Corporation of the Township Of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, J. Teeter Development Services March 2, 2022 Report No. DS2022-005 Page 2 of 25 Page 330 of 355 7.a) DS2022-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 'A ' To By-Law No. 2022-022 The Corporation of the Township of Oro-Medonte A-RlU 0 AIRU-135 AIRII-I'A5 G AIRU-135 AIRU-134 SR-135 SR-142 r, rr R'13 f. rrr rr rr rr'rr ,y'R1z.1 'rrrri. -- �sv�1r r - rr r,r , rr �� rrr rr rr Lake Simcoe Lands to be rezoned from the Agricultural/Rural Exception (A(RU"134)Zone to the AgriculturallRural Exception(AIRU'142)Zone Lands to be rezoned from the Shoreline Residential Exception (5R"134)Zone r to the Shoreline Residential Exception (SR'142)Zone This is Schedule 'A' to By-Law 2022-022 passed the 2nd day of March, 2022. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter (Application 2021-ZBA-12) Development Services March 2, 2022 Report No. DS2022-005 Page 3 of 25 Page 331 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 9: Lake Simcoe Region Conservation Authority Comments Dated January 5, 2022. Lake Siri1 cols Region conservation authority www_LSRGA,an_ca January 5,2022 Oro-Medonte File:2021•ZBA•12 ISRCA File No.20-117370-12092.1 Catherine M€Carroll, Intermediate Planner Township of Ora-Medonte 148 Line 7 South Oro-Medonte.Ontario LOL 2E0 Sent by E-mail to:emccarroll0oro-medonte.ca Dear Catherine Me.Carrolk Re: Proposed Application for Zoning By-law Amendment Owner.,Stan and Lorene Casiez. Agent:Angola Baldwin, Baldwin Planning&Development Consultants 2937 Ridge Road West,Township of Oro-Mcdonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment_We understand that this Zoning By-law Amendment application has been madeto rezonea portion ofthe subject landsfrom the Shoreline Residential Exception 134(SR4134)and Agricultural/Rural Exception 134(A/RU*134)Zones to the Shoreline Residential Exception 142(SR"142)and Agricultural/Rural Exception 142(A/RU*142)zones with site specific development standards. Documents Received and Reviewed bw Staff Staff have received and reviewed t h e fol I owi ng d oc um ents submitted with this application, • Notice of Public Hearing Package,dated Dec_8",2021 • Age ntrs Letter,dated Oct_101h,2021 • Applicant's Site Planr dated Oct.. 2.86' 2021 Staff have reviewed this afrplication as per our de legated responsibility fro rnthe Provinceto represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS,2020)and as a regulatory authority under Ontario Regulation 179/06. The applications have also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Recommendatlon Based on our review of the submitted information, in support of this application, we have no objection at this time to the proposed Zoning By-law Amendment_We are satisfied from a watershed management perspective that this application can be made consistent with those applicable natural heritage and hazard policies of the PPS,and in conformity with applicable provincial policies, in the Lake Simcoe Protection Plan_ 12D Bay-view Parkway I T 905.E195.12Bl Newmarket, Ontario UY 3VV3 F 905,553.5861 Nlpr i F?' r f('�)-�servatien Ontario TF 1 13:0r, 4C n4�7 Development Services March 2, 2022 Report No. DS2022-005 Page 1 of 25 Page 332 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Lake Simcoe Region cansiarvabQ-n authan•y Page 2 of 4 Please note that LSRCA staff request that the applicant and/or their agent reach aut to discuss the Applicant's Site Plan,and to scope the requirements for a Shoreline Restoration Plantings Plan. Site Characteristics The subject property is partly regulated, as per Ontario Regulation I79/06 as made by the Conservotion Authorities Act-This is reflective of Lake Simcoe,and its associated Shoreline Hazard Area. LNrr S�mto R"im M7 RW99 Road V&K Oro4ftdotft t4MVAMr ® LSFOA YIMIro" -- .. � LfF►i11MMMw3lpM r - — A7 1Nww.nti osoN Lr ar C.ar �. 1MMMt'cavr v�a�rr n� i k MM� a F cw v. >.e.wsw...+...r.. a�..r• rr..rwrww��.�rrr.w� .snr++w.�w war �'1 rr�rn pis n n gas The subject property is partly designated as'Greenlands'towards the Ridge Rd. West,and 'Rural'towards the shoreline,as per the County of Simcoe Official Plan.The Township of Oro-Medonte official Plan designates the property as'Rural'towards Ridge Rd.West,and'Shoreline'towards the shoreline of Lake Slmcoe.Furthermore, the subject property is within the'Enuironmental Protection Two'area,as per Schedule A of the Township Official Plan.As per Schedule B'Natura6 Features',this area is in relation to Significant Woodlands. Development Services March 2, 2022 Report No. DS2022-005 Page 2 of 25 Page 333 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Lake Sim-coy_ FLegion consero�t3an :.�thorig. Rage 3 of 4 D Ic-catcd Res 13orisibilitV and Statuto ry Comments: 1. LS RCA has reviewedtheappli€at Ions throughour del egatedres nsibiIityfromtheProvincetorepresent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020).Thisproposal hasdemonstrated consistency with Section 3-1 of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06.This regulation,made under Section 29 of the Conservotion 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- Ontari❑ Regulations 179/06 applies to the subject property,development and site alteration is planned within the regulation limit,and therefore,an LSRCA permit is required. Advisory Comments 3. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Gro-Medonte and the County of Simcoe in that we provide through a Memorandum of Understanding(MOU) as well as through our role as a public body,pursuant to the Xonflh?gArt. Lake Sirncoe Protection Plan(LSPPS The LSPP provides policies supporting the protection of natural features, and their ecological functions. Policies 6.20-0P to 6.29-DP are applicable,as the subject property lies outside of a settlement area,and outside of both the geographic areas of the Greenbelt Plan and Oak Ridges Moraine Conservation Plan. Significant WDodlands, as well as Lake Simcoe itself, are identified as key natural heritage features through the LSPP. In the context of this proposal,policy 6.45-I]P is applicable,and therefore(as per 6.45 b-,and c.)the proposed new development must demonstrate that use does not expand into a key natural heritage feature,a ley 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 ire scope and kept within close geographical proximity 10 th4e existing structure.The Property is currently vacant,and the proposed development does appear to be located within the existing cleared area. The proposed single-Beta€hed dwelling could, through minor adjustment, be located more centrally wiit'hin the existing cleared area. This would bring the proposal into better conformity with the LSPP. Maintaining development and site alteration within the existing cleared area would also minimize any required tree removal.Tree removal should be kept to a minimum and every effort should be made to locate the proposed new structures away from existing wooded areas- The proposed new accessory structure will also be located within the 30-metre minimum vegetation protection zone of Lake Simcoe. This location can he considered, pending the revic,nl and approval of a Shoreline Restoration Plantings Plan, to adequately buffer the new development from the shoreline itself-As per 5-77-DP, the establishment and maintenance of natural self-sustaining'vegetation to the Development Services March 2, 2022 Report No. DS2022-005 Page 3 of 25 Page 334 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Lake Simme Region conservation authority Page 4 of 4 extent and width of the associated vegetation protection zone would be required,to be detailed as part of the Shoreline Restoration Plantings Plan. if any natural, self-sustaining vegetation is removed along the I dkp Sl mrnp hnrplinp, frnm a vpgptati nn inrnrprtinn ?nnp, and hfLrar icp of dF-w,Ir5p rnp nt nr ;itp alteration, as permitted under 6-45-DP, it is required that self-sustaining vegetation shall be re- established to the extent feasible,following completion of that activity{6.24-aPp. Summary Eased on our review of the submitted information, in support of this application, we have no objection at this time to the proposed Zoning By-law Amendment-We are satisfied from a watershed management perspective that this application can be made consistent with those applicable natural heritage and hazard policies of the PPS,and in conformity with applicable provincial policies,in the Lake Simcce Protection Plan. Please note that LSRCA staff request that the applicant and/or their agent reach out to discuss the Applicant's Site Plan,and to scope the requirement for a Shoreline Restoration Plantings Plan. Given the above comments. it isthe opinion otthe LSRCAthat, 1. Consistency with Section 3-1 of the PPS has been demonstrated. 2. Ontario Regulation 179/OC is applicable tothe subject property, and an LSRC'A permit is required ahead of anydevelopment orsite alteration within the regulation limit- 3. Thata Shoreline Restoration Plantings Plan into be prepared and reviewed bythc LSRCA. 4. A discussion with lSRCA staff to review the Applicant's Site Plan and discuss minor relocation of the single-detached dwelling to becorne more compliant with the Lake Simcoe Protection Plan is requested. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerft, Lidin Mluriiwdl Planner 1, Lake Simcoe Region Conservation Authority Development Services March 2, 2022 Report No. DS2022-005 Page 4 of 25 Page 335 of 355 Ta) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 10: Lake Simcoe Region Conservation Authority Follow-up Comments Dated January 24, 2022. From: Liam Munnoch<L,Munnoch[7u Isrca,on.ca> Sent:January 24,2022 4:45 PM To: McCarroll, Catherine ccmccarroll[a oro-medonte.ca> Cc:ANGELA BALDWIN <aneela.bald win C@roEers.corns Subject: RE: [External] RE: Notice of Complete Application and Notice of Public Meeting-Development Services Committee Meeting January 05, 2022(202 1-ZBA-1 2)Casiez Hi Catherine, Yes, this new proposed location would meet the intent of our minor relocation request. Do you require a new comments letter or is this email sufficient? `hank you, Liam Munnoch, BURPI. Planner 1, Planning Lake 5imcoe Region Conservation Authority 120 Bayview Parkway, Newmarket, Ontario L3Y 3w3 (905) 89S-1281, ext. 232 1 1-800-465-0437 1 Mobile- (289) 338-8759 I.munnochPIsrca.on.cal www.LSRC,A.on.ca Development Services March 2, 2022 Report No. DS2022-005 Page 5 of 25 Page 336 of 355 7.b) DS2022-025, Danielle Waters, Planner re: 2022-ZBA-01 , Brenda Lucas,... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-025 Development Services Danielle Waters Committee Planner Meeting Date: Subject: 2022-ZBA-01 Motion # March 2, 2022 Brenda Lucas Temporary Use By-law Roll #: Garden Suite (Granny Flat) R.M.S. File #: 4346-010-003-39001 560 Line 8 North D14-60283 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-025 be received and adopted. 2. That Zoning By-law Amendment Application 2022-ZBA-01 and Temporary Use By-law 2022-019 by Brenda Lucas, specifically to permit a Garden Suite for the lands known as 560 Line 8 North for a period of three (3) years, be approved. 3. That the Deputy Clerk bring forward the appropriate by-laws to adopt a Temporary Use By-law and to execute an agreement for the lands known as 560 Line 8 North, Township of Oro-Medonte, for the purposes of a Garden Suite for a period of three (3) years. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: Ms. Brenda Lucas has submitted an application to permit a garden suite on the subject property municipally known as 560 Line 8 North. The lands have an area of approximately 1.0 hectares (2.5 acres) and a lot frontage of approximately 91.4 metres (300.0 feet) on Line 8 North. The property currently contains a single detached dwelling, a detached garage and a Garden Suite that was approved by Council in 2011 for a period of 10 years. This agreement and by-law has expired, however, the applicant wishes to continue the use. The proposed Garden Suite is to remain in the previously approved location in the north east corner on the property. The Development Services March 2, 2022 Report No. DS2022-025 Page 1 of 7 Page 337 of 355 7.b) DS2022-025, Danielle Waters, Planner re: 2022-ZBA-01 , Brenda Lucas,... applicant is requesting to keep the Garden Suite on the subject property on a temporary basis for a period of twenty (20) years. Analysis: Section 39.1 of the Planning Act permits Council to authorize the temporary use of a Garden Suite for up to twenty years. Though the applicant has requested 20 years, only a 3 year extension is permitted by the Planning Act. Garden Suite is defined as "one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable." Furthermore, The Act also allows Council to enter into an agreement with the landowner to deal with issues such as: • the installation, maintenance, and removal of the garden suite; • the period of occupancy of the garden suite by any of the persons named in the agreement; and • the monetary or other form of security that Council may require for actual or potential costs to the municipality related to the Garden Suite. The subject land is designated `Agricultural' in the Township's Official Plan and `Greenlands' in the County's Official Plan. The policies of the Township and County Official Plans, as well as Provincial Policies (Provincial Policy Statement and Growth Plan) have been reviewed and do not affect the context of the proposed development. Consistent with Section 39.1 of the Planning Act, the Township of Oro-Medonte brought forth a policy in 1997 outlining requirements for Garden Suites in the Township. It states that: a. The garden suite is not to be a mobile home; b. The garden suite utilizes existing services on the property; c. The existing driveway to the main residential dwelling is to be utilized for access and no new entrance from a public road be created for the garden suite; d. The garden suite has a minimum gross floor area of 50 square metres and a maximum gross floor area of 85 square metres; e. Approval for the increased usage of the septic system be obtained; f. An agreement be registered on title providing for the use of the lands; g. The garden suite not be transferable to another owner; and h. Appropriate securities are deposited with the Township to ensure that the agreement can be implemented. The proposed Garden Suite will continue to use the existing driveway and septic. The Suite has a floor area of 91 square metres (980 square feet) and one attached deck. Planning Staff do not have concerns with respect to the slightly over-sized floor area which, in Staff's opinion maintains the purpose and intent of the Township's policy. Since the maximum floor area for Garden Suites is a matter of policy and is not a Zoning By-law provision, no Minor Variance is required. Development Services March 2, 2022 Report No. DS2022-025 Page 2 of 7 Page 338 of 355 7.b) DS2022-025, Danielle Waters, Planner re: 2022-ZBA-01 , Brenda Lucas,... Upon site visit, staff noted an appropriate amount of space for the proposed suite. There is mature vegetation along the front lot line. The suite will be visible from Line 8 North; however, it will blend in with the residential character of the area and not appear out of place. In keeping with the Township's Garden Suite Policy, the landowners and occupants will be required to execute an Agreement prepared by Staff that outlines the conditions respecting the installation, and eventual removal of such dwelling unit. The Agreement requires the deposit of$2,500 as security in the case of default of such agreement which has previously been posted by the applicant for the 2011 application. Once all parties (Township and owners,) have signed the Agreement, the new Agreement will then be registered on title of the property. The property is zoned Rural Residential Two (RUR2) in the Township's Zoning By-law. The Township's Zoning By-law permits single detached dwellings within the RUR2 Zone. Unlike other Zoning By-law Amendment applications presented to the Committee, the temporary use does not propose to alter the RUR2 Zone symbol applicable to the property, as shown on Schedule A10 of the Zoning By-law. Rather, the Temporary Use By-law paired with the Registered Agreement will allow for the specified use by the specific individuals listed, in addition to the existing use of the property. Financial / Legal Implications / Risk Management: A $2,500 security deposit has previously been posted by the applicant for the 2011 application and will continue to be held by the Township, as part of the agreement of the garden suite to ensure removal of the unit at the expiration of the agreement. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: 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 March 2, 2022 Report No. DS2022-025 Page 3 of 7 Page 339 of 355 7.b) DS2022-025, Danielle Waters, Planner re: 2022-ZBA-01 , Brenda Lucas,... Consultations: • Township Operations Department: No comments. • Township Development Engineering: No objections. • Township Building Department: No comments • Enbridge: no objections Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2022-ZBA-01 be approved, which would permit the approval of a Garden Suite Agreement on a temporary basis for a period of three (3) years in accordance with the appropriate agreement being executed by the landowners, occupants, and the Township. The application conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Respectfully submitted: Danielle Waters Planner Approvals: Date: Derek Witlib, Manager, Planning Services February 24, 2022 Andria Leigh, Deputy CAO/Director, Development Services February 24, 2022 Development Services March 2, 2022 Report No. DS2022-025 Page 4 of 7 Page 340 of 355 7.b) DS2022-025, Danielle Waters, Planner re: 2022-ZBA-01 , Brenda Lucas,... Schedule 1: Location Map 665 Hom-hI. alleyRd. OM. II C R g °9d V 711 610 571 565 Z 560 m c 502 465 440 425 Schedule 1 . Location township of ®Subject Lands Proud Heritage,Exciting Future 0 200 M File Number:2022-ZBA-01 N Development Services March 2, 2022 Report No. DS2022-025 Page 5 of 7 Page 341 of 355 7.b) DS2022-025, Danielle Waters, Planner re- 2022-ZBA-01 , Brenda Lucas,... Schedule 2: Aerial Photo Harsesho•V lley+Rd- - �,�v',3-rA` -- _ TI C'1•. �, Ridg, ead V �1.,. Z 00 d C J ;t i r Schedule 2 i Aerial Photo 44 "Township of Subject Lands Proud Heritage,Exciting Future a ao m File Number:2022-ZBA-01 N I 1 Development Services March 2, 2022 Report No. DS2022-025 Page 6 of 7 Page 342 of 355 7.b) DS2022-025, Danielle Waters, Planner re: 2022-ZBA-01 , Brenda Lucas,... Schedule 3: Applicant's Site Plan N6017'101 363A0 (P1 1B Ui (911] hl 4i , i\R�enaFa of 3.0'E"t q�d Fen�v x s a— d ,� I1 PAR 4 IT ! I f 00 Q PLAN 5IR-15953 z stdrar nw.li�,a + n y zre 41 Entry I .. a i W f I Z N x z m ¢ a II ICI � O giiFF N6017'10"E 363,00 (Pi & Meos.)i I (etl] Schedule 3 Applicant's Site Plan 1ownshipo; -41X 9%6 Proud Heritage,Exciting Future o ao m File Number:2022-ZBA-01 N I I I I 1 Development Services March 2, 2022 Report No. DS2022-025 Page 7 of 7 Page 343 of 355 7.c) DS2022-029, Danielle Waters, Planner re: Request for Temporary TraiZU ... township cif Report ,O Fraud Heritage, Exciting Future Report No. To: Development Services Prepared By: DS2022-029 Committee Danielle Waters, Planner Meeting Date: Subject: Request for Temporary Motion # March 2, 2022 Trailer at 69 Moon Point Drive by Ashley and Ryan McKnight Roll #: R.M.S. File #: 4346-030-012-45300 D00 Recommendation(s): Requires Action For Information Only It is recommended- 1 . That Report No. DS2022-029 be received and adopted. 2. That Committee authorizes the request of Ashley and Ryan McKnight, to temporarily reside in a trailer on the property at 69 Moon Point Drive, which is to be removed after the completion of their renovation to a maximum of six (6) months from the time of issuance of the building permit. 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 0.18 hectares (0.44 acres), and is located on the east side of Moon Point Drive (See Attachments #1 and #2). The property was the subject of Minor Variance Application 2021-A-82 which was approved on January 5, 2022 to permit a reduced setback of 11 .2 metres (36.7 feet) from the top of bank of a watercourse 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. The applicants have now requested permission to temporarily live in a trailer for a period of up to six (6) months on the lands while the works to the dwelling are underway. However, living in a trailer is not permitted under the Township's Zoning By- law 97-95, as amended. Development Services March 2, 2022 Report No. DS2022-029 Page 1 of 4 Page 344 of 355 Analysis. -C) US2022-029, Danielle Maters, Planner re: Request or I empora y Trai... The Township has historically allowed owners to temporarily reside in their existing dwelling or a trailer during construction of the new dwelling/renovation. This practice has been followed contrary to the Township's Zoning By-law, which only allows one dwelling per property and prohibits human habitation of a trailer (outside of licensed trailer parks); however, it is considered a reasonable compromise to assist owners in these hardship cases. A financial deposit and agreement (see Attachment #3) stipulating the terms of the approval will be required to be executed with the owners which ensures compliance after the renovation is complete. As the applicants are required to post securities for $2,500.00 to ensure the removal of the trailer, it is anticipated that the applicants will expedite the construction in order to have their securities returned expeditiously. The applicants will be required to submit their cheque for $2,500.00 as the security deposit to ensure the removal of the trailer, prior to the building permit for the dwelling being issued. Financial / Legal Implications / Risk Management: A $2,500 security deposit is required prior to issuance of a building permit for the new dwelling to ensure removal of the trailer once the new dwelling is constructed. Policies/Legislation: Planning Act Building Code Act Corporate Strategic Goals: Modernize Township Services — Improve Delivery of Services, Streamline Permitting Process 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 use a trailer for a six (6) month period while renovations of the existing dwelling are done, is considered appropriate and should be authorized. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Derek Witlib, Manager, Planning Services February 23, 2022 Andria Leigh, Deputy CAO/Director, Development Services February 24, 2022 Development Services March 2, 2022 Report No. DS2022-029 Page 2 of 4 Page 345 of 355 AttachmZnq*SZQ2 �MQanielle Waters, Planner re: Request for Temporary Trai... i i f 1 Attachment #2 — Aerial Photo sh • y= 0 k a _ Development Services March 2, 2022 Report No. DS2022-029 Page 3 of 4 Page 346 of 355 7.c) DS2022-029, Danielle Waters, Planner re: Request for Temporary Trai... Attachment #3 -Agreement Schedule "A" to By-law No. 2022-021 ► GREEMENT In consideration of receiving a building permit from the Township of{Oro-Medonte. We, Ashley and Ryan McKnight. of the Township of Oro-Medonte in the county of Simcoe,. covenant and agree as follows-. 1. That'A a are the registered owners of Plan 920 Lot 21 �Orillia), Township of Oro- 1Medonte, being more particularly described as 69 Moon Paint Road. 2. That'Ale have applied to the Council of the Corporation of the Township of Oro- Medonte for permission to temporarily reside in a trailer on the above-mentioned lands, at the same time as a renovation for the dwelling on those same lands, wherein such procedure is not provided for under the provisions of the Tminship 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 sic (6) months from permit issuance or rrnIl completion of the proposed construction, whichever is the lesser period of time; and, b) That on complelon of the dwelling renovations, as evidenced by a Provisional Occupancy certificate;the trailer is to be removed within one month to the satisfaction of the Township's chief Building Official. 4. That certified funds in the amount of$2,500e00 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 sage harmless the corporation of the Township of Oro-Medonte from pursuinq 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- T. +le 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. Development Services March 2, 2022 Report No. DS2022-029 Page 4 of 4 Page 347 of 355 7.d) DS2022-032, Andria Leigh, Deputy CAO/Director, Development Services... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS 2022-032 Council Andria Leigh, Director, Development Services Meeting Date: Subject: Motion # March 2, 2022 City of Orillia MCR and Land Needs Assessment Update Roll #: R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. 2022-032 be received and adopted. 2. That the Township of Oro-Medonte support the City of Orillia's extension request. 3. That a letter of support for the City's extension to July 1 , 2024 be sent to the Minister of Municipal Affairs and Housing, under the Mayor's signature. 4. That the City of Orillia, the Township of Severn, and the County of Simcoe be advised of the Committee's decision. Background/Analysis: In April 2021 , staff brought forward a report (DS2021-051) to advise Council of the City of Orillia's Municipal Comprehensive Review (MCR) process and the completion of their Lands Needs Assessment. A Municipal Comprehensive Review (MCR) is a planning process undertaken in accordance with the Province's Growth Plan. As part of the MCR process, the City is required to develop a plan detailing the study and processes required to reach conformity with that includes public and stakeholder consultation and the adoption of policy updates (e.g. new Official Plan or Official Plan Amendments(s)), are required to be completed by July 2, 2022. The City of Orillia as a single tier municipality retained a consultant to undertake their Lands Needs Assessment that was provided to the Township in March 2021 and identified the City's need to expand their settlement area boundary in order to accommodate their population and employment targets to 2051 . As noted in the previous staff report, it is estimated that the City's current supply of land for housing will Development Services March 2, 2022 Report No. 2022-032 Pagel of 8 Page 348 of 355 7.d) DS2022-032, Andria Leigh, Deputy CAO/Director, Development Services... be exhausted by 2030 and that approximately 380 hectares of additional land are required (257 hectares for community uses and 124 hectares for employment uses). The City is currently working with a consultant on their Technical Land Evaluation in order to determine where it is most appropriate to grow, that includes investigating potential lands in both the neighboring Townships of Oro-Medonte and Severn. The City has engaged with both Townships who are actively participating as key stakeholders. While the Township of Ramara was previously identified as part of the study area for the Technical Land Evaluation, the Township was recently advised that the Township of Ramara is no longer included in the Study Area due to the challenges associated with extending services across the Narrows and the abutting adjacent land being in the Atherley-U pterg rove settlement area. In November 2021 , the City submitted a request to the Minister for a two year extension to complete their Growth Plan conformity exercise (see Schedule 1) in order to provide sufficient time for the City of complete their Official Plan Review process. The intent of this report is to seek Council's support for the submission of a letter to the Minister of Municipal Affairs and Housing as outlined in Schedule 1 of this report. While the City of Orillia's conformity process is underway, there are also other concurrent studies underway including the Township's Official Plan Review process, the County of Simcoe's MCR process, and the Township of Severn's new Official Plan process, each of which include the Township as a key stakeholder. Given the complexity and interconnectedness of all of these processes and the significance of each of these projects, the Township is supportive of the City's request for the two year extension. The requested extension will provide the Township and its residents with a more appropriate timing to ensure meaningful consultation and engagement with the City and the Township of Severn in the City's process to ensure a complete understanding of all options and materials prepared by the City prior to decisions being made. Staff are therefore recommending that a letter of support for the City's request for the two year extension be submitted substantially as outlined in Schedule 1 to this report. The Township understands that the Township of Severn is also seeking support to send a similar letter to the Minister supporting the City's two year extension request. Financial / Legal Implications / Risk Management: While there are financial and legal implications associated with the various processes and the resulting decisions, these implications are not applicable to the specific letter of support discussed in this report. Policies/Legislation: Planning Act Development Services March 2, 2022 Report No. 2022-032 Page 2 of 8 Page 349 of 355 7.d) DS2022-032, Andria Leigh, Deputy CAO/Director, Development Services... Corporate Strategic Goals: Prepare for Our Future Foster Safe and Inclusive Community Living & Business Growth Consultations: n/a Attachments: Schedule 1: DRAFT Township of Oro-Medonte Letter of Support Conclusion: Staff are recommending that the Township formally support the City of Orillia's two year extension request as this will help to ensure there is adequate time for careful consideration of all of the matters and options that must be discussed, including those related to work being undertaken by the Township of Oro-Medonte and the Township of Severn through their Official Plan Review processes and by the County of Simcoe through their MCR process. Respectfully Submitted: Andria Leigh, MCIP, RPP February 24, 2022 Development Services March 2, 2022 Report No. 2022-032 Page 3 of 8 Page 350 of 355 7.d) DS2022-032, Andria Leigh, Deputy CAO/Director, Development Services... Schedule 1 —DRAFT letter /411111111111111111 ► ffikllkm 3 'I-ownship a f� Proud Heritage, Exciting Future March 2, 2022 The Honourable Steve Clark Ministry of Municipal Affairs and Housing 777 Bay Street, 171" Floor Toronto, Ontario M7A 2J3 Sent Via email: minister.mah(a-)ontario.ca Dear Minister Clark: Re: City of Orillia - Request for Extension of Official Plan Conformity Deadline to July 1, 2024 This letter is to provide support to the City of Orillia's November 15, 2021 request for an extension to the Growth Plan conformity deadline to July 1 , 2024 to enable the City sufficient time to complete is Official Plan Review and Update. Attached to this letter is a copy of the resolution endorsed by the Township of Oro-Medonte. In addition to the City of Orillia's MCR process, other concurrent studies underway including the County of Simcoe's MCR process, the Township of Oro-Medonte Official Plan Review, and the Township of Severn new Official Plan, together with the potential for a boundary expansion and annexation of land by the City of Orillia from the Townships of Oro-Medonte and Severn. As such, the conformity deadline of July 1, 2022 is not achievable due to the complexity and interconnectedness of these matters. To date, the City of Orillia has completed a Land Needs Assessment (LNA) Report that identified the City's needs for additional lands to achieve their 2051 growth and employment targets. The City of Orillia is currently undertaking a Technical Land Evaluation for Settlement Boundary Expansion and the Townships of Oro-Medonte and Severn, as a neighbouring municipalities will be key stakeholders in this process. The Township of Oro-Medonte has advised the City of its interest in being actively engaged and consulted through the process. Development Services March 2, 2022 Report No. 2022-032 Page 4 of 8 Page 351 of 355 7.d) DS2022-032, Andria Leigh, Deputy CAO/Director, Development Services... Given the significant of all of these projects, the importance of the City's conformity exercise and its potentially significant impacts on the Township of Oro-Medonte and it's residents, the Township supports the City of Orillia's extension request to ensure that adequate and meaningful consultation and engagement with all key stakeholders can be conducted in an appropriate and timely manner. Sincerely, Mayor H.S. Hughes att. City of Orillia November 15, 2021 Letter Township of Oro-Medonte March 2, 2022 resolution cc. Mayor Clarke, City of Orillia Mayor Burkett, Township of Severn Warden Cornell, County of Simcoe Development Services March 2, 2022 Report No. 2022-032 Page 5 of 8 Page 352 of 355 7.d) DS2022-032, Andria Leigh, Deputy CAO/Director, Development Services... r:705325.2+47 F TCS-325-517E � mayart�arillw.ca {office of the Mayot- orJtho xa ip 50 Andr,2*St S-,Swu!M. 4rimia,ON L3v TTS November 15. 2021 Minister Steve Clark Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 171h Floor Toronto, ON V15G 2E5 Senn vra ernail ta. minister.nialipontario.ca Dear Minister Clark: Re: Request for Conformity Extension to Judy 1, 2024 The City of Orillia began working on its Official Plan Review and Update in 2018 VAth the ,retention of Hemson Consulting Ltd. to prepare the City's Land Needs Assessment_ In the Winter of 2019,the City received a letter from you, Minister of Municipal Affairs and Housing, recommending the city consider a temporary suspension of work on major planning documents until the Province had completed its updates to Provincial planning policy. The City of CJrillia adhered to this advisement and didn't resume work on its Official Plan Review&Update until Septemberof 2020 after tieing advised by the Province that work could resume with the updates to the Provincial Policy Statement and 2019 A Place to Grow.-Growth Plan for the Greater Gulden Horseshoe (as amended on August 28, 2020) having been recently completed. This delay in the process of undertaking the Official Plan Review & Update has resulted in the City realistically not being able to complete its Official Plan Review & Update until,July 1, 2024, as the Cty's Land Needs Assessment has determined that land will need to be annexed from an abutting Township- The annexation process will take some time. Once that is complete, then the city will embark on beginning to write its new Official Plan which is anticipated to be a two-year process. ORILLIA Development Services March 2, 2022 Report No. 2022-032 Page 6 of 8 Page 353 of 355 7.d) DS2022-032, Andria Leigh, Deputy CAO/Director, Development Services... Minister Clark November 15,2021 Page 2 of 3 The city of Orillia is respectfully requesting an extension to the conformity deadline of July 1, 2022 to July 1. 2024 to enable the city sufficient time to complete its Official Plan Review& Update, Thank you for your consideration, 5i nce roll, tev rke yor SC as Attach.: Council Resolution Requesting Conformity Extension Copy to: Hannah Evans., Assistant Deputy Minister of Municipal Services Division Jonathan Lehi, Assistant Deputy Minister, Planning and Growth Division Steven Barber, Senior Planner. Municipal Services Office—central Ontario Maya Harris, Manager Community Planning & Development, Municipal Services Office—Central Ontario City of Orillia Members of Council Ian Sugden, General Manager of Development Services & Engineering, City of Orillia Jilt Lewis. Senior Planner, City of Orillia Development Services March 2, 2022 Report No. 2022-032 Page 7 of 8 Page 354 of 355 7.d) DS2022-032, Andria Leigh, Deputy CAO/Director, Development Services... Minister Cfark November 15, 2021 Page 3 of 3 Council Resolution Requesting Conformity Extension The fol�owirig resolution was adopted by Council at its special meeting held on October 22, 2021� "THAT Report DSO'-21-31 dated October 14, 2021 from the Development Services and Engineering Department regarding the status of the City's Municipal Comprehensive Review process and the current Technical Land Evaluation protect be received; AND THAT the ,Mayer ,be authorized to request an extension to the conformity deadline of July 1, 2022 for bringing the City's Official flan into conformity with A Place .to Grow: Growth Plan for the Greater Goiden Horseshoe'; as amended, as set out in Schedule "B"of the report. Development Services March 2, 2022 Report No. 2022-032 Page 8 of 8 Page 355 of 355