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11 03 2021 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Township of Proud Heritage, Exciting Future Wednesday, November 3, 2021 5:30 p.m. Effective Tuesday, September 7, 2021 , all Township facilities will re-open to the public with safety measures in place including: mandatory masks/face coverings; COVID-19 health screening; and social distancing. Taking into consideration positive COVID-19 cases in Simcoe Muskoka and beyond, and contagious transmission of the COVID-19 Delta variant, whenever possible, residents and business owners are encouraged to utilize online and telephone services for Township related business. Input on agenda items are welcome and encouraged. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings during a declared emergency. Protocols have been established to advise how to participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Open Forum or DS Committee Participation Form • Protocols for Public Participation Council and DS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. Opening of Meeting: 2. Agenda Approval: Page 1 of 340 a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 15 a) Minutes of Development Services Committee meeting held on Wednesday, October 6, 2021 . 5. Public Meetings: None. 6. Public Hearings: 16 - 39 a) 5:30 p.m. DS2021-167, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-67, Michel Verreault and Manon Castilloux, 190 Mill Pond Sideroad. 40 - 71 b) 5:40 p.m. DS2021-160, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-68, Pauline Buchanan and Margaret Mikkelborg, 13 Forrester Road. 72 - 105 c) 5:50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-71, John and Terri Vellinga, 1901 Ridge Road West. 106 - 128 d) 6:00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance Application 2021-A-70, David Burgess and Marites Calacala, 551 Penetanguishene Road. 129 - 166 e) 6:10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-72, Pauline and Robert Stuart, 49 Grandview Crescent. 167 - 203 f) 6:20 p.m. DS2021-166, Danielle Waters, Planner re: Consent Application 2021-B-40, Rebecca, Doug and Lana Spence, 2001 15/16 Sideroad East. 204 - 244 g) 6:30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re: Consent Application 2021-B-41, Shirley and Peter Shelswell, Concession 7, Part Lots 26 and 27 Reference Plan 51 R6384 Part 2 (Oro). 245 - 277 h) 6:40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-42, Pat and Linda Luck, 865 Ridge Road East. 278 - 313 i) 6:50 p.m. DS2021-164, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-69, (Bowler), 151 Line 5 North (Report to be distributed). 7. Reports of Municipal Officers: 314 - 333 a) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent Application 2021-B-02 (North), 363 Line 12 North. Page 2 of 340 334 - 338 b) DS2021-170, Danielle Waters, Planner re: Request for Temporary Trailer at 595 Old Coldwater Road by Matthias Meyer [Refer to Item 5a) 11 03 2021 Council Agenda]. 339 - 340 c) Andria Leigh, Deputy CAO/Director, Development Services re: Appointment of Secretary-Treasurer and Deputy Secretary-Treasurer. 8. Next Meeting Date: Wednesday, December 1, 2021 . 9. Adjournment: a) Motion to Adjourn. Page 3 of 340 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, October 6, 2021 5:30 p.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw 'it Staff Andria Leigh, Director, Development Services; Derek Witlib, Manager, Present: Planning Services; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology (IT) hl 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. DSC211006-1 Moved by Keane, Seconded by Greenlaw It is recommended that the agenda for the Development Services Committee meeting of Wednesday October 6, 2021 be received and approved. Carried. Page 1 of 12 Page 4 of 340 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 6, 2021. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, September 1, 2021. Motion No. DSC211006-2 Moved by DeSousa, Seconded by Veitch It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, September 1, 2021 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 12 Page 5 of 340 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 6, 2021. 6. Public Hearings: a) DS2021-152, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-47, Adam Boyce, 67 Slalom Drive. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Adam Boyce. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated September 17, 2021; Township of Oro-Medonte, Operations Division dated September 17, 2021 , Al Woodward dated September 21 and August 20, 2021; Township of Oro-Medonte, Building Division dated September 23, 2021 . Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The applicant was not present. 46hh� Ne Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC211006-3 Moved by Veitch, Seconded by Scott %** It is recommended 1% A 1. That DS2021-152, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-47, Adam Boyce, 67 Slalom Drive be received and adopted. 2. That Minor Variance Application 2021-A-47 by Adam Boyce, specifically for permission to build a detached garage in the front yard with a maximum height of 5.8 metres (4.5 metres permitted) and a maximum floor area of 126.4 m2 (70 m2 permitted), be approved subject to the conditions as outlined in DS2021-152. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 12 Page 6 of 340 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 6, 2021. b) DS2021-153, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-61, 2715241 Ontario Inc., 493 Penetanguishene Road. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by 2715241 Ontario Inc. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated September 17, 2021; Township of Oro-Medonte, Operations Division dated September 17, 2021 , Township of Oro-Medonte, Building Division dated September 23, 2021; Nottawasaga Valley Conservation Authority dated October 6, 2021. Andria Leigh, Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Joel Davies, applicant, was present. 1%6 Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC211006-4 Moved by Hough, Seconded by DeSousa It is recommended 1 . That DS2021-153, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-61, 2715241 Ontario Inc., 493 Penetanguishene Road be received and adopted. 2. That Minor Variance Application 2021-A-61 by 2715241 Ontario Inc., specifically for permission to build a detached garage with a maximum height of 6.2 metres (20.2 feet) and maximum floor area of 231.4 m2 (2491 sq. ft.) and located 20.0 metres (66 feet) from the top of bank of a watercourse and 7 metres (23 feet) from the boundaries of the Environmental Protection Zone, be deferred to clarify the NVCA comments and determine the requirement for a Natural Heritage Evaluation to support the application. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 12 Page 7 of 340 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 6, 2021. c) DS2021-151, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-62 by 2041063 Ontario Ltd., 5071 Highway 11 North. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by 2041063 Ontario Ltd. The following correspondence was received: Township of Oro-Medonte, Building Division dated September 15, 2021; Township of Oro-Medonte, Operations Division dated September 15, 2021 ; Township of Oro-Medonte, Manager, Development Engineering dated September 16, 2021; Lake Simcoe Region Conservation Authority dated September 22, 2021 ; Ministry of Transportation dated September 24, 2021. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Josh Morgan, Morgan Planning and Development, on behalf of the applicant was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC211006-5 Moved by Scott, Seconded by Hough It is recommended 1 . That DS2021-151, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-62 by 2041063 Ontario Ltd., 5071 Highway 11 North be received and adopted. 2. That Minor Variance Application 2021-A-62 by 2041063 Ontario Ltd., specifically for permission for the continuation of an existing non-conforming commercial/industrial building possessing a floor area of 260 square metres (2800 square feet) and a height of 7 metres (23 feet), be approved subject to the conditions as outlined in DS2021-151. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 12 Page 8 of 340 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 6, 2021. d) DS2021-154, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-63, Jody and Randy Hewitt, 81 Greenwood Avenue. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jody and Randy Hewitt. The following correspondence was received: Township of Oro-Medonte, Building Division dated September 21 , 2021; Township of Oro-Medonte, Manager, Development Engineering dated September 21 , 2021; Township of Oro-Medonte, Operations Division dated September 21, 2021 ; Alderville First Nation dated September 22, 2021; Jody and Randy Hewitt dated September 26, 2021 ; Nottawasaga Valley Conservation Authority dated October 1 , 2021; Erin Evans dated October 4, 2021. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Jody and Randy Hewitt, applicants, were present. Staff confirmed that no additional public registrations were received. h" Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC211006-6 Moved by Greenlaw, Seconded by Keane' hh%.- qlwk Nik � I It is recommended 1. That DS2021-154, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-63, Jody and Randy Hewitt, 81 Greenwood Avenue be received. 2. That Minor Variance Application 2021-A-63 by Jody and Randy Hewitt, specifically for permission to relocate and enlarge the existing non-complying single detached dwelling with a minimum interior side yard setback of 1 .81 metres or 6.56 feet (where 3.0 metres or 5.9 feet is required), be approved subject to the conditions as outlined in DS2021-154, as amended, to add the following condition: d) That the appropriate Nottawasaga Valley Conservation Authority permit (if required) be obtained. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 12 Page 9 of 340 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 6, 2021. e) DS2021-155, Danielle Waters, Planner re: Minor Variance Application 2021-A-64, Bruce and Barbara Riddell, 17 Bards Beach Road. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Bruce and Barbara Riddell. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated September 17, 2021; Township of Oro-Medonte, Operations Division dated September 17, 2021 , Township of Oro-Medonte, Building Division dated September 23, 2021; Rhys McLaughlin dated September 21, 2021; Nottawasaga Valley Conservation Authority dated September 29, 2021 . Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Jeff Jansen, Jansen Consulting, on behalf of the applicants, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC211006-7 Moved by DeSousa, Seconded by Scott It is recommended 1 . That DS2021-155, Danielle Waters, Planner re: Minor Variance Application 2021-A- 64, Bruce and Barbara Riddell, 17 Bards Beach Road be received and adopted. 2. That Minor Variance Application 2021-A-64 by Bruce and Barbara Riddell specifically to permit the construction of an unenclosed deck with a setback of 8.58 metres (28.1 feet) from the Average High Water Mark of Bass Lake on lands municipally known as 17 Bards Beach Road, be approved, subject to the conditions as outlined in DS2021-155 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 12 Page 10 of 340 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 6, 2021. f) DS2021-156, Danielle Waters, Planner re- Minor Variance Application 2021-A-65, Al and Donna Billes, 25 Brambel Road. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Al and Donna Billes. The following correspondence was received- Township of Oro-Medonte, Manager, Development Engineering dated September 17, 2021; Township of Oro-Medonte, Operations Division dated September 17, 2021 ; Janessa Famiglietti dated September 21 , 2021; Township of Oro-Medonte, Building Division dated September 23, 2021 ; Lake Simcoe Region Conservation Authority dated October 5, 2021 . Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Matt Pryce, on behalf of the applicants, was present. Staff confirmed that no additional public registrations were received. Staff confirmed, and read to the Committee, correspondence received during this hearing from Craig Kirwin, President of the Brambel Road Ratepayers Association Inc. (BRRA). There being no further comments or questions, the hearing adjourned. Motion No. DSC211006-8 Moved by DeSousa Seconded by Veitch It is recommended 'N,6, 1. That DS2021-156, Danielle Waters, Planner re- Minor Variance Application 2021-A- 65, Al and Donna Billes, 25 Brambel Road be received. 2. That Minor Variance Application 2021-A-65 by Al and Donna Billes specifically to permit the construction of (i) a single detached dwelling with a reduced setback from top of bank to 15.03 metres (49.3 feet), and (ii) a boathouse with an increased height of 5.39 metres (17.7 feet) on lands municipally known as 25 Brambel Road, be approved, subject to the conditions as outlined in DS2021-156. 3. That Minor Variance Application 2021-A-65 by Al and Donna Billes specifically to permit the construction of a retaining wall with a setback of 0 metres from the average high water mark, be deferred, to allow the opportunity for the applicants to address the Lake Simcoe Region Conservation Authority (LSRCA) comments. Page 8 of 12 Page 11 of 340 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 6, 2021. 4. That Minor Variance Application 2021-A-65 by Al and Donna Billes specifically to permit the construction of a detached accessory building with a reduced front yard setback to 3.06 metres (10.0 feet), increased height to 4.67 metres (15.3 feet) and increased floor area to 164.0 square metres (1765.3 square feet) be deferred to allow the applicant to address the comments from the BRRA Inc. correspondence dated October 6, 2021 5. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. 6. The conditions are as follows: a) That notwithstanding Section 5.3.1 — Setback from Slope, Section 5.1 .4 — Maximum Height, Section 5.1.6 — Maximum Floor Area, Section 5.1.3 a) and Table B1 — Front Yard Setback, RLS, Section 5.6 e) — Boathouse maximum height, the detached accessory building, dwelling and boathouse shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building, dwelling and boathouse be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building and boathouse are not to be used for human habitation; d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is no closer than 3.06 metres (10.0 feet) from the front lot line; e) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling is no closer than 15.03 metres (49.3 feet) from the top of bank; f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, Lake Simcoe Region Conservation Authority Permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. g) That the existing vegetation buffer adjacent to Brambel Road be retained or replaced with a similar buffer and be reflected in the Site Plan Approval process. Carried. Page 9 of 12 Page 12 of 340 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 6, 2021. g) DS2021-150, Catherine McLean, Intermediate Planner re- Minor Variance Application 2021-A-66, Caroline & McCutcheon, 2500 Line 1 North. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Susan Caroline and Patrick McCutcheon. The following correspondence was received- Township of Oro-Medonte, Manager, Development Engineering dated September 17, 2021 ; Township of Oro-Medonte, Operations Division dated September 17, 2021 , Township of Oro-Medonte, Building Division dated September 23, 2021 ; Nottawsaga Valley Conservation Authority dated September 29, 2021 and revised correspondence dated October 1 , 2021. Andria Leigh, Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Greg van Bolderen, on behalf of the applicant, was present. '140hk_ 'ANEW Staff confirmed that no additional public registrations were received. b, Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC211006-9 140h,-A Moved by Keane, Seconded by Scott It is recommended 'N16, 1. That DS2021-150, Catherine McLean, Intermediate Planner re- Minor Variance Application 2021-A-66, Caroline & McCutcheon, 2500 Line 1 North be received and adopted. 2. That Minor Variance Application 2021-A-66 by Susan Caroline & Patrick McCutcheon, specifically for permission to build an agricultural building with a reduced setback of 3.0 metres (9.8 feet) from the Environmental Protection Zone and a reduced setback of 24.0 metres (78.7 feet) from the water course on lands municipally known as 2500 Line 1 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2021-150. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 12 Page 13 of 340 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 6, 2021. 7. Reports of Municipal Officers: a) DS2021-157, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-17 and Minor Variance Application 2021-A-19 by Derek Watson, 2 Pine Ridge Trail. Motion No. DSC211006-10 Moved by Hough, Seconded by Greenlaw It is recommended 1. That DS2021-157, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-17 and Minor Variance Application 2021-A-19 by Derek Watson, 2 Pine Ridge Trail be received and adopted. 2. That Consent Application 2021-B-17 by Derek Watson to permit the creation of a new lot consisting of a lot area of approximately 0.1352 hectares (0.33 acres) and a frontage of approximately 70.25 metres (230.5 feet) and a retained parcel consisting of a lot area of approximately 0.2010 hectares (0.5 acres) and a frontage of approximately 42.62 metres (139.8 feet), be approved subject to the conditions outlined in DS2021-157. 3. That Minor Variance Application 2021-A-19 by Derek Watson to permit a lot area of 0.1352 hectares (0.33 acres), to recognize Pine Ridge Trail as a Front Lot Line and to recognize Horseshoe Valley Road as an Exterior Side Lot Line, for a proposed severed parcel as identified in Consent Application 2021-B-17, be approved, subject to the conditions as outlined in DS2021-157. 4. That the applicant be advised of the Development Services Committee's decisions under the Secretary-Treasurer's signature. Carried. Page 11 of 12 Page 14 of 340 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 6, 2021. 8. Communications: a) Correspondence dated July 28, 2021 and October 1 , 2021 from 2187459 Ontario Ltd. re: Site Plan Application 2021-SPA-16 (Minor Variance Application 2021-A-25, 44 Line 9 South from May 5, 2021 Development Services Committee meeting). Motion No. DSC211006-11 Moved by Scott, Seconded by Keane It is recommended A& 1. That the correspondence dated July 28, 2021 and October 1, 2021 from 2187459 Ontario Ltd. re: Site Plan Application 2021-SPA-16 (per Minor Variance Application 2021-A-25, 44 Line 9 South from May 5, 2021 Development Services Committee meeting) be received. 2. That the 3.0 m widening, requested by the Township, be obtained at this time. 3. And that the necessary encroachment agreement be executed between the Township and the property owner for the well and fence. Carried. 9. Next Meeting Date: Wednesday, November 3, 2021. 10.Adjournment: a) Motion to Adjourn. SEW 1401hk Motion No. DSC211006-12 Moved by Greenlaw, Seconded by Keane It is recommended that we do now adjourn at 9.30 p.m. 'W Carried. Mayor H.S Hughes, Chair Andria Leigh, Director, Development Services Page 12 of 12 Page 15 of 340 6.a) 5.30 p.m. DS2021-167, Andy Karaiskakis, Senior Planner re: Minor Va... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-167 Development Services Andy Karaiskakis Committee Senior Planner Meeting Date: Subject: Motion # November 3, 2021 Minor Variance Application 2021-A-67 Roll #: Michel Verreault & Marion R.M.S. File #: 4346-020-010-07610 Castilloux D13 59974 190 Mill Pond Sideroad Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-167 be received and adopted. 2. That Minor Variance Application 2021-A-67 by Michel Verreault & Manon Castilloux to permit an agricultural lot size of 1.8 hectare (4.4 acres) for a hobby farm on lands municipally known as 190 Mill Pond Sideroad, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2021- 167. 3. The conditions are as follows: a) That, notwithstanding Section 6.0 — Definitions (Hobby Farm), the keeping of horses is prohibited. b) That, notwithstanding Table B4 of Zoning By-law 97-95, the subject lands shall otherwise comply with all other applicable provisions of the Zoning By- Law. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 1 .8 hectares (4.4 acres) and contains a single detached dwelling and several accessory buildings on lands municipally known as 190 Mill Pond Sideroad (refer to Schedules 1 and 2). The applicants are seeking relief from the Township's Zoning By-law to permit a minimum lot area of 1 .8 hectare (4.4 acres) for a hobby farm on the subject lands. The specific of the application is as follows: Development Services November 3, 2021 Report No. DS2021-167 Page 1 of 12 Page 16 of 340 6.a) 5.30 p.m. DS2021-167, Andy Karaiskakis, Senior Planner re. Minor Va... Minimum Lot Size For Hobby Farm/Agricultural Uses Table 134-A — Minimum lot size Required: 2.0 hectares (4.9 acres) Proposed: 1.8 hectares (4.4 acres) The applicant's site plan is included as Schedule 3 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) (2020) The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The PPS provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .5 — Rural Lands and Section 2.1 — Natural Heritage are applicable to this application. Planning Staff is of the opinion that this application is consistent with the Rural Lands policies of the PPS as the applicants are proposing a reduced lot size for a hobby farm/agricultural uses that would be in keeping with the rural landscape of the area. Section 2.1 Natural Heritage has been reviewed as a portion of the subject property contains a significant woodland. Section 2.1.5 states that development (emphasis added) and site alteration shall not be permitted in significant wetlands; significant woodlands; significant valleylands; significant wildlife habitat; significant areas of natural and scientific interest; and in coastal wetlands. Section 2.1 .9 further states that nothing in policy 2.1 is intended to limit the ability of agricultural uses to continue. 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..." Planning Staff is of the opinion that this minor variance application to permit a reduced lot size for a hobby farm is consistent with the policies of the PPS, and does not constitute development as defined by the PPS, as the variance is specifically to permit a reduced lot size for a hobby farm is 1) not creating a new lot; 2) not changing the land use; and 3) not constructing a building/structure that requires approval under the Planning Act. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed hobby farm lot size is consistent with the Rural Areas policies in the Growth Plan. Development Services November 3, 2021 Report No. DS2021-167 Page 2 of 12 Page 17 of 340 6.a) 5.30 p.m. DS2021-167, Andy Karaiskakis, Senior Planner re. Minor Va... Section 4.2.2 Natural Heritage Systems has also been reviewed by Planning Staff with respect to the proposed Minor Variance Application. The Province has mapped a Natural Heritage System for the Greater Golden Horseshoe, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. Within the Natural Heritage System, the Growth Plan provides the following policies for the consideration of new developments: Section 4.2.2.3 a): new development or site alteration will demonstrate that: 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; iv. except for uses described in and governed by the policies in subsection 4.2.8 Mineral Aggregate Resources, 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. 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 Mineral Aggregate Resources. Section 4.2.2.3(b) states "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. Section 4.2.3 Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features has also been reviewed by Planning staff with respect to the proposed development. This section states that a proposal for new development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for: a) forest, fish, and wildlife management; b) conservation and flood or erosion control projects, but only if they have been demonstrated to be necessary in the public interest and after all alternatives have been considered; c) activities that create or maintain infrastructure authorized under an environmental assessment process; d) mineral aggregate operations and wayside pits and quarries; e) expansions to existing buildings and structures, accessory structures and uses, and conversations of legally existing uses which bring the use more into conformity with this Plan, subject to demonstration that the use does not expand Development Services November 3, 2021 Report No. DS2021-167 Page 3 of 12 Page 18 of 340 6.a) 5.30 p.m. DS2021-167, Andy Karaiskakis, Senior Planner re. Minor Va... into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure; f) expansions or alterations to existing buildings and structures for agricultural uses, agriculture-related uses, or on-farm diversified uses and expansions to existing residential dwellings if it is demonstrated that: i. there is no alternative, and the expansion or alteration in the feature is minimized and, in the vegetative protection zone, is directed away from the feature to the maximum extent possible; and ii. small-scale structures for recreational uses, including boardwalks, footbridges, fences, docks, and picnic facilities, if measures are taken to minimize the number of such structures and their negative impacts. The Growth Plan 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..." Planning Staff is of the opinion that this minor variance application to permit a reduced lot size for a hobby farm conforms with the policies of the Growth Plan, and does not constitute development as defined by the Growth Plan, as the variance is specifically to permit a reduced lot size for a hobby farm is 1) not creating a new lot; 2) not changing the land use; and is 3) not constructing a building/structure that requires approval under the Planning Act. Nottawasaga Valley Conservation Authority The east portion of the property is regulated by the Nottawasaga Valley Conservation Authority (NVCA). Any development on these lands will require a permit from the NVCA. County Official Plan The property is designated Greenlands in Simcoe County's Official Plan. The intent of the Greenlands designation is to protect and restore the natural character, form, function and connectivity of the natural heritage system. The County's natural heritage system includes significant woodlands and key hydrologic features, among others. Permitted uses in the Greenlands designation include agricultural uses. Planning Staff have reviewed the County Official Plan and is of the opinion that this minor variance application to permit a reduced lot size for a hobby farm/agricultural use does not conflict with the County Official Plan as a hobby farm/agricultural use is a permitted use in the Greenlands designation and the variance is not proposing a change in land use. Simcoe 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. Committee members should have regard to any County comments that the Township may receive with respect to the applicant's proposal. Development Services November 3, 2021 Report No. DS2021-167 Page 4 of 12 Page 19 of 340 6.a) 5.30 p.m. DS2021-167, Andy Karaiskakis, Senior Planner re: Minor Va... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated "Rural" and "Oro Moraine Natural Core/Corridor Area" in accordance with Schedule "A — Land Use" of the Township's Official Plan. According to "Schedule `B' — Natural Features", the subject lands are identified as "Significant Woodlands", including those lands designated Oro Moraine Core Area. Permitted uses in the "Rural" designation include agriculture, single detached dwellings amongst others. Section B1.10.1.1 sets out the following objectives in the "Oro Moraine Natural Core/Corridor Area": • to restrict development in the most sensitive area of the Oro-Moraine; • to encourage the retention and enhancement of the natural heritage features and functions in the natural core area; • to maintain and where possible, improve and restore linkages between significant natural heritage features to facilitate the movement of plants and animals; and, • to restrict development in the Oro Moraine Natural Corridor Area that would have a negative impact on significant natural features and their ecological functions on lands within the Oro Moraine Natural Core Area designation. The Official Plan 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..." Planning Staff is of the opinion that this minor variance application to permit a reduced lot size for a hobby farm is in keeping with the intent and purpose of the Official Plan as this application does not constitute development as defined by the Official Plan, as the variance specifically to permit a reduced lot size for a hobby farm is 1) not creating a new lot; 2) not changing the land use; and 3) not constructing a building/structure that requires approval under the Planning Act. Development Services November 3, 2021 Report No. DS2021-167 Page 5 of 12 Page 20 of 340 6.a) 5.30 p.m. DS2021-167, Andy Karaiskakis, Senior Planner re. Minor Va... Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended (refer to Schedule 4). A hobby farm is permitted in the A/RU Zone pursuant to Table B4-C. The minimum lot size required for hobby farms in the A/RU Zone is 2.0 hectares (4.9 acres) — the applicant's existing lot size is 1 .8 hectares (4.4 acres). Other hobby farm uses, such as small-scale agriculture and the keeping of a limited number of domestic animals for personal use and enjoyment would, in Planning Staff's opinion still be appropriate on the 1 .8 hectares (4.4 acres) lot. Therefore, Planning Staff is of the opinion that the variance conforms to the general intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed hobby farm lot to standout, look out of place or detract from the character of the area. Upon site visit and aerial desktop review, Staff noted that there are a few lots within this area that have varying lot sizes; therefore the proposed hobby farm lot will be in keeping with the character of the area. The area of the proposed hobby farm lot will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are satisfied that the requested variance is considered desirable for the appropriate development of the lot. Is the variance minor? As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: 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 November 3, 2021 Report No. DS2021-167 Page 6 of 12 Page 21 of 340 6.a) 5.30 p.m. DS2021-167, Andy Karaiskakis, Senior Planner re: Minor Va... Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that if the subject minor variance is approved, that the proposed hobby farm will not negatively impact the Township's natural features and attributes and the application is consistent with the Strategic Plan. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects — No comments. • Alderville First Nation — No issues. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Existing Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-67 be approved, specifically to permit a reduced lot size for an agricultural use (hobby farm), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Development Services November 3, 2021 Report No. DS2021-167 Page 7 of 12 Page 22 of 340 6.a) 5.30 p.m. DS2021-167, Andy Karaiskakis, Senior Planner re. Minor Va... Respectfully submitted: Andy Karaiskakis, RPP Senior Planner Approvals: Date: Derek Witlib, Manager Planning Services October 25, 2021 Andria Leigh, Deputy CAO/Director October 25, 2021 Development Services Development Services November 3, 2021 Report No. DS2021-167 Page 8 of 12 Page 23 of 340 6.a) 5.30 p.m. DS2021-167, Andy Karaiskakis, Senior Planner re: Minor Va... 1�T 4026 .MoonsFon itd. 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From: Dave Simpson <consultation@alderville.ca> Sent: October 19, 2021 9:15 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Please find attached Notice of Public Hearing for Minor Variance Application (2021-A-67) Verreault& Castilloux, scheduled to be presented on November 03rd, 2021. Alderville First Nation has no issues with this minor variance being granted. Thankyou Consultation coordinator Dave Simpson Alderville First Nation consultation@aldervil le.ca (905) 352-2662 Page 28 of 340 6.a) 5.30 p.m. DS2021-167, Andy Karaiskakis, Senior Planner re. Minor Va... From: Saunders, David Sent: October 19, 2021 8:35 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Please find attached Notice of Public Hearing for Minor Variance Application (2021-A-67) Verreault& Castilloux, scheduled to be presented on November 03rd, 2021. Abbey/Teresa Development Engineering has No Objection to the above noted Application. Regards Page 29 of 340 6.a) 5.30 p.m. DS2021-167, Andy Karaiskakis, Senior Planner re. Minor Va... From: Metras, Justin Sent: October 19, 2021 8:44 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Please find attached Notice of Public Hearing for Minor Variance Application (2021-A-67) Verreault& Castilloux, scheduled to be presented on November 03rd, 2021. Abbey Operations has no comments on this application. 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Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2021-160 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # November 3, 2021 Minor Variance Application 2021-A-68 Roll #: Pauline Buchanan & R.M.S. File #: 4346-010-008-00900 Margaret Mikkelborg D13 59978 13 Forrester Road Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-160 be received and adopted. 2. That Minor Variance Application 2021-A-68 by Margaret Mikkelborg & Peter Buchanan, specifically for permission to build a detached garage with a minimum west side yard setback of 0.6 metres be approved subject to the conditions as outlined in Report DS2021-160. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the Owner apply for, and successfully obtain, an LSRCA permit before any development or site alteration occurs; c) 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; d) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services November 3, 2021 Report No. DS2021-160 Page 1 of 18 Page 40 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 13 Forrester Road, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The drawings and documents submitted by the Applicant indicate that the property is currently occupied by a 1-storey dwelling located centrally on the lot. The property is accessed by one driveway from Forrester Road that also provides vehicular parking as there is no attached or detached garage on the property. The subject property has an area of approximately 1 ,079 m2 (11 ,614 ft2). Schedule 3 includes site photographs illustrating the existing site conditions and uses, including the existing trees along the east and west property lines that provide extensive screening and buffering to the abutting properties. 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 Limited Service Zone (RLS) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing construction of a 1-storey detached garage in the front yard of the existing detached dwelling, within 0.6 metres of the west (interior side) property line. The proposed location of the detached garage corresponds with the existing driveway, thereby allowing direct access to the garage based on the current site configuration. The existing tree cover lining the east and west property lines will provide screening of the proposed detached garage and vehicular activities. Also, the Subject Property abuts only one residential property (single detached dwelling to the west) since there is open space to the east and Lake Simcoe to the south. Based on the information provided by the Applicant, the proposed garage will be used for parking vehicles and will have a gross floor area of 49 m2 (528 ft2) and height of 3.842 metres. The proposed floor area of the detached garage will represent a lot coverage of 4.5%. The drawing package submitted by the Applicant includes conceptual elevations for the proposed structure that show windows on the north, east and west sides of the building, as well as access doors on the north elevations. On the basis of these elevations, it also Development Services November 3, 2021 Report No. DS2021-160 Page 2 of 18 Page 41 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... appears that the proposed accessory structure will be similar in height to the existing single detached dwelling. These drawings are included in Schedule 5. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1. To permit a minimum interior side yard setback for detached accessory buildings of 0.6 m (2.0 feet) while 2.0 metres (6.5 feet) is required. 4. Zoning Review Table 1 includes a review of the applicable zoning standards. The intent of the proposal is construct a 1-storey detached garage in the front yard that provides a minimum interior side yard setback less than permitted for a detached accessory building or structure. Section 6.0 of the Zoning By-Law defines "Accessory Building or Structure" to mean "a detached building or structure, the use of which is naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot". Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings,Structures and Where this By-law provides that land • The proposed detached Uses[By-law 2017-0121 may be used or a building or structure garage will have a smaller may be erected or used for a purpose, footprint and gross floor area that purpose may include any than the existing single detached accessory buildings, detached dwelling on the accessory structures or accessory uses property. located on the same lot as the primary • The proposed detached use to which they are related.For the garage will be similar in purposes of this by-law a retaining wall height and built form with a height of 1.0 metre(3.2 feet)or character to the existing more is considered an accessory dwelling. structure and is subject to the • The proposed garage will be provisions of Section 5.1. incidental or subordinate to the main use of the property for a single detached dwelling. 5.1.1 Uses Permitted in Detached No detached accessory building or • The plans submitted with this Accessory Buildings and Structures[By- accessory structure shall be used for application show that the law 2015-1921 human habitation or an occupation for accessory structure will gain,unless specifically permitted by accommodate parking for this By-law.A detached accessory two vehicles. building or structure is permitted to • The plans show no space contain sanitary facilities,including assigned for human sink and/or toilet,outside an area habitation or occupation and susceptible to flooding however no sanitary facilities are kitchen facilities including food proposed. preparation facilities or facilities for Development Services November 3, 2021 Report No. DS2021-160 Page 3 of 18 Page 42 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... the installation of kitchen equipment • The proposed accessory are prohibited structure would be required to comply with this section. 5.1.3 Permitted locations for detached Unless otherwise specified in this By- • While the proposed accessory buildings and structures in law,detached accessory buildings and detached garage will be all zones[By-law 2004-063,2015-192, structures,except boathouses,shall: located in the front yard,the 2017-0121 subject property abuts Lake a)Not be located in the front yard. Simcoe and provides the Notwithstanding this provision,a minimum front yard setback detached private garage is permitted in to Forrester Road. the front yard of a lot that abuts Lake • The proposed garage will be Simcoe or Bass Lake provided it is set located greater than 1 metre back a minimum distance equal to the from the existing single required front yard for the main detached dwelling and building from the front lot line. detached structure on the Notwithstanding this provision,a subject property. detached accessory building is • The proposed garage will be permitted in the front yard in the located 0.6 from the west Agricultural/Rural(A/RU)Zone property line(variance provided it is not located in the required). 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(49.2 feet)from the average high water mark of Bass Lake. Development Services November 3, 2021 Report No. DS2021-160 Page 4 of 18 Page 43 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... 5.1.4 Maximum height The maximum height of any detached 3.842m proposed accessory building or structure,except boathouses,is 4.5 metres(14.7 feet). 5.1.5 Maximum lot coverage The maximum lot coverage of all 4.5%proposed detached accessory buildings and structures on a lot,excluding boathouses,is 5 percent. 5.1.6 Maximum floor area [By-law The maximum floor area of any one 49m2 2003-081,2017-012] detached accessory building or structure,excluding boathouses, is 70 square metres(753.5 square feet). However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. I have reviewed the development proposal and requested minor variances and I am satisfied that the application is generally consistent and does not conflict with the applicable policies of PPS 2020 on the basis that the proposal will maintain the character, and allow for enhanced and efficient use, of the existing single detached dwelling on the subject property with no adverse impacts to important natural heritage features on or in close proximity to the subject property. The proposed detached garage will be accessory to the primary dwelling and also result in built form that is consistent and compatible with the residential character of the surrounding community. 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. Development Services November 3, 2021 Report No. DS2021-160 Page 5 of 18 Page 44 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... It is my opinion that the development proposal generally conforms to the applicable Growth Plan policies on the basis that the proposal includes an accessory building that will make 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 agricultural lands, natural heritage, hydrologic and Iandform systems, features and functions. 3. Simcoe County Official Plan The subject property is designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. The subject property is not located in any of the following as designated in the Official Plan: Streams and Evaluated Wetlands; Areas of Natural and Scientific Interest; Wellhead Protection Areas and Surface Water Intake Protection Zones; Highly Vulnerable Areas; Significant Groundwater Recharge Areas. On the basis of the review of the specific policies of the Simcoe County Official Plan provided in Table 2, it is my opinion that the proposal for the subject property and the requested minor variance maintains 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 direct access from the driveway and dwelling, as well as to mitigate any impacts to surrounding properties. The garage location also provides appropriate front, rear and easterly side yard setbacks. The reduced west side yard setback will buffered by the existing tree cover running along the property line. This vegetation will also provide screening of the proposed structure relative to the abutting residential property. Moreover, the existing dwelling to the west at 11 Forrester Road is set back a considerable distance from the street and will not be aligned with the front yard location of the proposed detached structure on the subject property. Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • The proposed detached garage will not adversely impact any existing natural heritage characteristics The goals of this Plan are: on and adjacent to the subject property,and will located in an existing cleared and graded area • To protect,conserve,and enhance the County's adjacent to the driveway.The existing tree cover natural and cultural heritage; on the property will be maintained and also • To achieve wise management and use of the provide screening and buffering functions to County's resources; abutting properties. • To implement growth management to achieve • The subject property abuts open space to the east lifestyle quality and efficient and cost-effective and Lake Simcoe to the south,with only the municipal servicing,development and land use; property to the west being potentially impacted. • To achieve coordinated land use planning among The location of the detached garage in the front the County's local municipalities and with yard relative to the large front yard setback at 11 Forrester Road,in addition to the screening and Development Services November 3, 2021 Report No. DS2021-160 Page 6 of 18 Page 45 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... neighbouring counties,districts,regions,and buffering provided by the existing trees on the separated cities,and First Nations lands; property,mitigates the potential for impact of the • To further community economic development proposed garage on the property to the west. which promotes economic sustainability in Simcoe • The proposal will make more efficient use of the County communities,providing employment and subject property than under existing conditions by business opportunities;and allowing enclosed parking of vehicles and • To promote,protect and enhance public health convenient access to the garage from the primary and safety. dwelling. • No details have been provided in the application that indicate water or sanitary services will be extended to the proposed detached garage. • The land use and built form character of the subject property and surrounding community for low density residential uses will be maintained. Part 3-Growth Management Strategy • The proposed detached garage is located within an area of the property with existing services and a 3.1 Strategy detached dwelling.However,the plans do not indicate that the proposed garage structure will The planning strategy of this Plan is based on four themes: require new servicing connections. • The proposed garage will be used as an accessory • Direction of a significant portion of growth and structure to the existing single detached dwelling development to settlements where it can be and will be similar in scale and character. effectively serviced,with a particular emphasis on • The proposed garage is located in an area that primary settlement areas. maintains existing tree cover and natural heritage • Enabling and managing resource-based characteristics on the subject property and in the development including agriculture,forestry, surrounding area. aggregates,and tourism and recreation. • The potential impacts of the reduced westerly side • Protection and enhancement of the County's yard setback are mitigated by the existing tree natural heritage system and cultural features and cover along the property line and the offsetting heritage resources,including water resources. location of the proposed front yard detached • Development of communities with diversified garage and existing dwelling on the property to economic functions and opportunities,and a the west(11 Forrester Road). diverse range of housing options. 3.7Rural • The proposal will make more efficient use of existing land without adversely impacting the land Objectives use/built form character or natural heritage features on and adjacent to the subject property. 3.7.1 To recognize,preserve and protect the rural character • The proposed detached garage is accessory to an and promote long-term diversity and viability of rural existing single detached dwelling and respects and economic activities. reinforces the low density residential character on 3.7.2 To encourage maintenance,protection,and the subject property and in the community. restoration of significant natural heritage features and • The rural and open space character of the existing functions and to conserve the built heritage resources and residential use of the subject property will be cultural heritage landscapes associated with rural and maintained. 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; Development Services November 3, 2021 Report No. DS2O21-160 Page 7 of 18 Page 46 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. 4. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 addresses the applicable policies. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The development proposal and requested minor variances will have no impacts on natural heritage A2.1 Natural Heritage features on the subject property and the surrounding areas.The existing natural heritage A2.1.1 Goal features provide screening and buffering to mitigate the impacts of the reduced west side yard It is the goal of this Plan to protect and enhance significant setback to the abutting property. natural heritage features and related ecological functions in • No new services or infrastructure are proposed to the Township. support the accessory structure. • There are no wetlands or Provincially Significant A2.1.2 Strategic Objectives Areas of Natural and Scientific Interest located on or adjacent to the subject property. a)To protect from incompatible development significant • The proposed structure maintains the built form natural heritage features and their associated ecological and and land use character of the subject property as a hydrological functions. single detached dwelling,which is consistent and c)To ensure that an understanding of the natural compatible with the surrounding community. environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection,maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.6 Growth and Settlement • The subject property is located within the "Shoreline"area and the development proposal Development Services November 3, 2021 Report No. DS2021-160 Page 8 of 18 Page 47 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... A2.6.2 Strategic Objectives will make more efficient use of these lands in a manner that is compatible with the community a)To direct the majority of new residential growth to and respects and preserves the context and single settlements. detached character of the property relative to d)To encourage the more efficient use of land in surrounding land uses. settlements,where appropriate. • The proposal represents enhanced and more efficient use of a single detached dwelling as opposed to intensified use. SECTION C5—SHORELINE • The proposal and requested minor variance will maintain the single detached dwelling residential C5.1 OBJECTIVES character of the subject property and surrounding area. •To maintain the existing character of this predominantly • The proposal will rely on existing services and residential area. infrastructure and not require any extensions or •To protect the natural features of the shoreline area and upgrades. the immediate shoreline. • There are no natural heritage features on or •To ensure that existing development is appropriately adjacent to the subject property that will be serviced with water and sewer services. adversely impacted.The existing trees and vegetation will be maintained and also provide C5.2 PERMITTED USES buffer and screening functions. • The reduction of the west side yard setback to Permitted uses on lands designated Shoreline on the accommodate the proposed detached garage will schedules to this Plan are single detached dwellings,existing not adversely impact the natural heritage or land marinas,small scale commercial uses such as convenience use/built form character of the subject property stores,public parks,bed and breakfast establishments and surrounding area. subject to Section C1.3.10 and home occupations. 5. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Residential Limited Service Zone (RLS)", which permits single detached dwellings and accessory buildings/structures. This application includes only one minor variance to permit a proposed detached accessory garage: 1. To permit a minimum interior side yard setback for detached accessory buildings of 0.6 m (2.0 feet) while 2.0 metres (6.5 feet) is required. 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 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 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". Development Services November 3, 2021 Report No. DS2021-160 Page 9 of 18 Page 48 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... It is my opinion that the location of a detached accessory structure in the front yard with a reduced west side yard setback maintains the general purpose and intent of the Zoning By-Law as the primary use of the subject property for a single detached dwelling will be maintained and enhanced with no adverse impacts to the natural heritage, built form and land use character of the community. The existing trees to be maintained on the property will provide a significant level of screening and buffering of the detached garage relative to the abutting property to the west. The required front, rear and west side yard setbacks will be provided. The proposed detached garage will provide an opportunity to better manage parking of vehicles on the property in a manner consistent with single detached dwellings that have attached or detached garages. While the detached garage will alter the built form character on the property relative to existing conditions, the proposal will be consistent and compatible with the built form and land use character of the surrounding community. On this basis, it is my opinion that the requested minor variances will 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: Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variance will facilitate construction of 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 provide an accessory vehicle storage function for residents of the dwelling. The use of the structure as a garage with no human habitation or business uses is incidental and subordinate to the dwelling. The reduced west side yard setback will allow the proposed garage to be aligned with the existing driveway and located in close proximity, with convenient access, to the primary dwelling. The proposed garage will be located in the front yard, which provides a considerable amount of spatial separation from the only abutting single detached dwelling at 11 Forrester Road. The development proposal and requested minor variance will have no impacts on natural heritage features on the subject property and will maintain the existing trees and vegetation that provide Development Services November 3, 2021 Report No. DS2021-160 Page 10 of 18 Page 49 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... screening and buffering the adjacent properties. Overall, the existing character of the subject property as a single detached dwelling is maintained. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The proposed detached garage is an "Accessory Structure" set out under the Zoning By-Law. The proposed location, height and floor area of the accessory structure, in conjunction with the proposed garage use, maintain the existing built form character on the subject property and will implement the general purpose and intent of the Official Plan. The reduced west side yard setback will be mitigated by the location and spatial separation of the dwelling on the abutting property and the presence of trees and vegetative cover along the west property line of the subject property. Are the variances desirable for the appropriate development of the lot? Yes. The minor variances will maintain the general purpose and intent of the Official Plan and Zoning By-Law and facilitate construction of a detached structure that is subordinate or accessory to the existing single detached dwelling. The existing built form character and use of the subject property for a single detached dwelling 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. The garage will be in a location that provides direct vehicular access via the existing driveway, and is also convenient for residents to access from the dwelling. The proposed garage will also be situated in a location that provides spatial separation from the existing dwelling on the abutting property to the west. Are the variances minor? Yes. The requested west side yard setback will allow for direct and functional access from the existing driveway without requiring site modifications. The reduction in the minimum side yard from 2.0 metres to 0.6 metres will not result in any adverse impacts relative to the zoning regulations as the proposed garage will be screened by the existing trees and vegetative cover along the west property line. The existing dwelling on the abutting property is also located considerably further from Forrester Road than the proposed garage, which provides spatial separation between these structures. There will also be no activity generated by such uses are human habitation or business operations. Development Services November 3, 2021 Report No. DS2021-160 Page 11 of 18 Page 50 of 340 6.b) 5.40 p.m. DS2021-160, 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 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — No comments on the application. • Lake Simcoe Region Conservation Authority — Recommend approval of this application, on the condition that the applicant apply for, and successfully obtain, an LSRCA permit before any development or site alteration may occur. • Township Development Engineering — No Objection to the Application; an Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Development Services November 3, 2021 Report No. DS2021-160 Page 12 of 18 Page 51 of 340 6.b) 5.40 p.m. DS2021-160, 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 2021-A-68 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: Andria Leigh, Deputy Chief Administrative Officer/ Director Development Services October 28, 2021 Development Services November 3, 2021 Report No. DS2021-160 Page 13 of 18 Page 52 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map 23 \� g i 4243 3 1241 N c Development Services November 3, 2021 Report No. DS2021-160 Page 14 of 18 Page 53 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo RLS RLS RLS OS RLS RLS u� �+ RLS .RLS RLS Development Services November 3, 2021 Report No. DS2021-160 Page 15 of 18 Page 54 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos � fF d I?: $. IF h - mac. spa ..•:- .. ',�. _. .S✓; � LookingWest along Forrester Road Looking East along Forrester Road g g g z.: 4: L: a y Existing Single Detached Dwelling and Driveway(from a Forrester Road) Existing Single Detached Dwelling y ; f £ I+ ¢ Y Jl" 4 u2 d � Location of Proposed Detached Garage(front yard) Posting of Notice Sign Development Services November 3, 2021 Report No. DS2021-160 Page 16 of 18 Page 55 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan I� n I a E B B E _ 9 3I i E PLAN OF SURVEY OF LOT 6,ICG EAEO F—iIY' (GPaQP.AFI4C 40--OV OldOl TOWNSHIP OF ORO—MdEDONTE - COUNTY OF SIMCOE L- r w46 Development Services November 3, 2021 Report No. DS2021-160 Page 17 of 18 Page 56 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings E AOL FRONT ELEVATION RIGHT ELEVATION R x GARAGE n dM -------------------------- s= MAIN FLOOR Development Services November 3, 2021 Report No. DS2021-160 Page 18 of 18 Page 57 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... From: Saunders, David Sent: October 15, 2021 8:55 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-A-68) Buchanan & Mikkelborg Abbey/Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Cheers Dave Page 58 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... From: Metras, Justin Sent: October 15, 2021 8:54 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: Re: Notice of Public Hearing - Development Services Committee Meeting November 3, 2021 (2021-A-68) Buchanan & Mikkelborg Abbey Operations has no comments on this application. Justin Get Outlook for Android Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 59 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail: plan ning0oro-medonte.ca October 201", 2021 Oro-Medonte File No: 2021-A-68 LSRCA File No.: VA-128508-092421 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Dear Mr. Karaiskakis: Re: Application for Minor Variance Owners: Margaret Mikkelborg& Peter Buchanan 13 Forrester Rd., Oro-Medonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose and effect of this variance is to seek relief from the following section of Zoning By-law 97-95: Section 5.1.3 (d)—Minimum interior side yard setback for detached accessory buildings Required: Proposed: 2 metres (6.5 feet) 0.6 metres (2 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 Oct. 15'", 2021 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments per our MOU with the County of Simcoe and Township or Oro-Medonte.The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3w3 F 905.853.5881 Member of Conservation Ontario Page 60 o-fF34®.800.465.0437 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planl4MvrsatC Int Page 2of3 Recommendation Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage policies of the applicable Provincial and local plans. On this basis, we recommend approval of this application, on the following conditions: • Ontario Regulation 179/06 applies to the proposed development. Therefore,the applicant must apply for, and successfully obtain an LSRCA permit before any development or site alteration may occur. Site Characteristics The subject property is situated on the shore of Lake Simcoe, and appears to be partly regulated by Ontario Regulation 170/06 of the Conservation Authorities Act. This is reflective of both the Lake Simcoe Shoreline, and its Shoreline Hazard Area. The property is designated as Rural by the County of Simcoe Official Plan, and is designated as Shoreline by the Township of Oro-Medonte Official Plan. The subject Property appears zoned as Residential Limited Service (RLS) Zone, by Zoning By-law 97-95. 73 Forrester Rd.,Ora-Medonte F�"A" Lake gnmoe Region ,r serve-or a.[' ❑ LSRCA WaE—h d B.-dry © LSPP VVaie.W*d SWNIW p ' Regiiaonn B�,naeiT Req"bon Ar AsxxnSeM Paruel "F R FSTEA f La[—d Con.-- Rota L.bdl V'+sLa.asrY F Fd.F R �FOR�6IEA'R@ RaeWs •rl+w s+rww � RMRrty ky�PpV 0 L~T'.r M. Ipry WlEy 4v' PPE C t� F APFSTER FORRfBTEA-R RRF4 EA F RFW5 RR 1��Q21 4 .,. S vA�Muw w_w4wwY.�.�a�i.. rr I�arrgwi. _ im.ay Wei./W YY� wrtw+fir P+.ia.i wi iYctF oFAu `•Pt E.�'R I`� .��aYYMsI�rl-wnY�i�i a�s it�.aal�ar�Or r • Hr.e.rWr.a Ll y.r`� use ur'altlw..YH aw. $�1C 1. 811 EaEtEEa 41 a 21 41 Page 61 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township PlanlpMvrs t� Imt Page 3of3 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The proposal has demonstrated consistency with Section 3.1 of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. As the proposal reflects new development and site alteration within a regulated area, as per Ontario Regulation 179/06 of the Conservation Authorities Act, an LSRCA Permit will be required in support of the planned development. Summary Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage policies of the applicable Provincial and local plans. On this basis, we recommend approval of this application, on the following conditions: • Ontario Regulation 179/06 applies to the proposed development.Therefore, the applicant must apply for, and successfully obtain an LSRCA permit before any development or site alteration may occur. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated. 2. Ontario Regulation 179/06 is applicable to the subject property, therefore, an LSRCA Permit will be required ahead of any development or site alteration taking place. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (I.munnoch@lsrca.on.ca) referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 62 of 340 6.b) 5.40 p.m. DS2021-160, Michael Barton, Township Planning Consultant ... llq, w o( W S L� � CO \� dfTd �\ O N U CL06 CU Q � (D U U CU U > m Cn C G O O ILL O U) 10� . . . . 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File #: 4346-010-007-20900 1901 Ridge Road West D13-60041 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-168 be received and adopted. 2. That Minor Variance Application 2021-A-71 by John & Terri Vellinga, specifically for permission to permit a boathouse with a reduced easterly interior side yard of 1 .34 metres (4.4 feet) and an increased height of 5 metres (16.4 feet), on the lands municipally known as 1901 Ridge Road West, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-168. 3. The conditions are as follows: a. That notwithstanding Section 5.6(a) Minimum Interior Side Yard and Section 5.6(e) Maximum Height of Zoning By-law 97-95, the proposed boathouse shall otherwise comply with all other applicable provisions of the Zoning By- law; b. That the proposed boathouse is not to be used for human habitation; c. That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d. The applicant complete a Shoreline Restoration Plan, to the satisfaction of LSRCA Staff; e. That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act; f. That Ontario Regulation 179/06 of the Conservation Authorities Act applies, therefore, an LSRCA Permit is required ahead of any development or site alteration; g. That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services November 3, 2021 Report No. DS2021-168 Page 1 of 16 Page 72 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The applicants are proposing to construct a new 1-storey boathouse to replace an existing 2-storey boathouse. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 5.6(a) Minimum Interior Side Yard Setback for a Boathouse Permitted. Proposed: Minimum 2 metres 6.56 feet 1 .34 metres 4.4 feet Section 5.6 e Maximum Height for a Boathouse Permitted. Proposed: Maximum 4.5 metres (14.8 feet feet) 5 metres (16.4 feet) above Average High Water Mark The subject property is a relatively large waterfront property located on the south side of Ridge Road West, immediately west of the Shanty Bay Rural Settlement Area. A Location Map is included as Schedule 1 to this report. Surrounding land uses consist of similar sized waterfront lots to the east and west, and Shanty Bay Public School is located to the north. An Aerial Photo is included as Schedule 2. The subject property has a lot area of approximately 2.13 hectares (5.25 acres) and currently supports a single detached dwelling, a detached garage and a boathouse. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS, as is pertains to an accessory building (boathouse) associated with a shoreline-oriented residential use. The application is also considered to be consistent with the Natural Heritage, Water, and Natural Hazards policies of the PPS, based on the comments that have been provided by the LSRCA and attached as Schedule 5 to this report. This consistency with the PPS relies on the imposition of conditions that have Development Services November 3, 2021 Report No. DS2021-168 Page 2 of 16 Page 73 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... been requested by the LSRCA and that Planning Staff incorporated into the recommendations of this report. A Place to Grow, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed boathouse conforms to the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area where, pursuant to Section 4.2.4.5 (Lands Adjacent o Key Hydrologic Features) of the Growth Plan, limited development is permitted outside of settlements areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1 , 2017. Therefore, it is Planning Staff's opinion that the proposed variances conform to the Growth Plan as the subject lands are already developed for residential purposes and are located within an established shoreline residential area. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The LSPP addresses long term environmental issues in Lake Simcoe and its watershed by: • Promoting immediate action to address threats to the ecosystem, such as excessive phosphorus; • Targeting new and emerging causes of stress such as invasive species and climate change-land • Protecting and restoring important natural areas such as shorelines and wetlands restoring the health of the fish and other aquatic life. • The Lake Simcoe Region Conservation Authority (LSRCA) has reviewed the application in the context of the Provincial Policy Statement (PPS), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. The LSRCA has advised that Application is consistent and in conformity with the natural hazard policies of the applicable Provincial, County, and local plans, and is recommend for approval subject to the following conditions: ➢ The applicant complete a Shoreline Restoration Plan, to the satisfaction of LSRCA Staff. ➢ That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. ➢ That Ontario Regulation 179/06 of the Conservation Authorities Act applies, therefore, an LSRCA Permit is required ahead of any development or site alteration. Development Services November 3, 2021 Report No. DS2021-168 Page 3 of 16 Page 74 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... County Official Plan The boathouse building location is proposed on lands that are designated Rural by the Simcoe County Official Plan. The Rural Designation (Section 3.7) permits limited residential development. Section 3.13 (Lake Simcoe Protection Plan) of the Official Plan contains policies that promote environmentally sustainable land uses and development, protect, improve and restore elements that contribute to the ecological health of Lake Simcoe, and that permit limited development within 120 metres of Lake Simcoe in built-up shoreline areas. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the proposed boathouse is accessory to an existing residential use and based on the comments that the Township has received from the LSRCA, conforms to the County of Simcoe Official Plan and the LSPP, provided that the LSRCA's requested conditions are imposed. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The majority of the subject property is designated Rural by the Township's Official Plan. The portion of the property immediately adjacent to Lake Simcoe is in the Shoreline designation and a portion of the property immediately adjacent to Ridge Road West is within the Shanty Bay Rural Settlement Area designation. The building is proposed to be located on the portion of the lands designated Shoreline and therefore the Shoreline policies are applicable to this application. Permitted uses in this designation include single detached dwellings and, by extension, accessory uses such as boathouses, on existing lots. Based on the comments that have been provided by the LSRCA and the associated conditions that are included in Staff's recommendation, this application conforms to the Official Plan because it will meet the objectives of Section C5.1, including: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. Development Services November 3, 2021 Report No. DS2021-168 Page 4 of 16 Page 75 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... Does the variances conform to the general intent of the Zoning By-law? The subject property is zoned Shoreline Residential Exception 83 (SR*83) by the Township's Zoning By-law 97-95, as amended. The exception to the zoning allows a minimum lot frontage of 7.5 metres (25 feet), in accordance with the property's narrow frontage on Ridge Road West. The exception does not affect the development proposed by this application. Single detached dwellings and accessory uses such as boathouses are permitted in the SR*83 Zone. The applicant is seeking relief from the Zoning By-law to permit a boathouse with a reduced easterly interior side yard of 1.34 metres (4.4 feet) and an increased height of 5 metres (16.4 feet). The general intent of the Zoning By-law in requiring a minimum interior side yard is to provide spatial separation to prevent the crowding of buildings on adjacent properties, this providing a level of privacy and adequate space for access around and maintenance of buildings. In the case of the subject lands and the adjacent property, the affected side yard area is within a steep slope that is heavily vegetated an in which frequent and convenient access around the building would not be required. At the same time, the proposed easterly interior side yard of 1.34 metres (4.4 feet) will still allow for access around and maintenance of the proposed boathouse on those occasions when it might be required. It is Planning Staff's opinion that the reduced setback would not negatively impact the use, enjoyment of functionality of the adjacent property. The proposed 1-storey boathouse would be lower in height than the existing 2-storey boathouse that it is replacing, and therefore would be a less dominant structure than the existing boathouse, while being clearly secondary and subordinate to the main dwelling on the lands. Planning Staff is therefore of the opinion that the height variance meets the general intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established shoreline area comprised of relatively large, estate-style lots. Upon site visit, Staff noted that the proposed boathouse would sit at a significantly lower elevation than the existing dwelling and would be in character with the overall character of development on the subject lands and in the surrounding area. The proposed structure will not interfere with functional matters on the lot, such as shoreline access and the septic system. Based on the above, Planning Staff are satisfied that the proposed development would be desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. Mature vegetation on and around the property and the densely vegetated shoreline slope will Development Services November 3, 2021 Report No. DS2021-168 Page 5 of 16 Page 76 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... partially screen the proposed boathouse and the scale of the proposed boathouse will be consistent with that of other structures in the area. Therefore, in Planning Staff's opinion the requested Minor Variance is minor in nature as the structure is not anticipated to have an adverse impact on the character and appearance of the neighbourhood. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2019 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering: No objections. An engineered lot grading plan will be required at time of building permit. • Township Operations: No comments. Development Services November 3, 2021 Report No. DS2021-168 Page 6 of 16 Page 77 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... • Lake Simcoe Region Conservation Authority: Application is consistent and in conformity with the natural hazard policies of the applicable Provincial, County, and local plans. It should be demonstrated how the new boathouse will minimize any impact on the Lake Simcoe shoreline. Recommend for approval subject to the following conditions: ➢ The applicant complete a Shoreline Restoration Plan, to the satisfaction of LSRCA Staff. ➢ That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. ➢ That Ontario Regulation 179/06 of the Conservation Authorities Act applies, therefore, an LSRCA Permit is required ahead of any development or site alteration. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation and Floor Plan Drawings Schedule 5: LSRCA comments dated October 22, 2021 Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-71 to permit a boathouse with a reduced easterly interior side yard of 1 .34 metres (4.4 feet) and an increased height of 5 metres (16.4 feet), on the lands municipally known as 1901 Ridge Road West, Township of Oro-Medonte, be approved, on the basis that the application is consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, the Township of Oro-Medonte Official Plan, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approval: Date Andria Leigh, Deputy Chief Administrative Officer/ Director Development Services & October 26, 2021 Development Services November 3, 2021 Report No. DS2021-168 Page 7 of 16 Page 78 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map Z5 c d 4 � Rd 'S 4, 0� lr QO ` .y V Development Services November 3, 2021 Report No. DS2021-168 Page 8 of 16 Page 79 of 340 � 15 40p,. ` a :: IS J 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicants Site Plan (h Yo L - v L � N � � Z OL zt90£ a45 Nfld `Z 1litld _ MAV.t6.ORJ - aavti a E _ - _ � � � � __-E�d4Mx Side lP?L1ne 9e�Bd�2.LMn_ __�- •-•� ,3 .�i ¢ ------ --- - - -- u�NINlllll full - N 8£'8 LLO �Ei N m do CL � - y W f�1 Q 16 / "SS�✓l 5� O (10 m ei s39w 3O 1 r1py.�a6N air+ u 9SS 'N,Vd En S S71 vi a U� Development Services November 3, 2021 Report No. DS2021-168 Page 10 of 16 Page 81 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... Schedule 4: Applicant's Elevation Drawings and Floor Plan t - _ Preliminary Design design build � l�l - 4e1inga�^°"'°°" 1-705-737-15I5 f r9ar aidge woad _y the GTA,Simcue&Muskoka 3D P—pee— 12" 2" a v — Mid Point of Roo Boat House TopPlat 223.3, E ra000;ed va D��, T -- Boat House Floor Plar . - - - - - - - - 219.71 High Water Marl 219.11 North Mid Point of Roof —22a3 _ BDat House_TopPlale 223.31 Proposed va rxe for Max Height-S.Om Beat House Floor Plan 219.70 _Huh Wale r Mark —'19-19- South Development Services November 3, 2021 Report No. DS2021-168 Page 11 of 16 Page 82 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... 0'Exterior 'I 7.52 m r 23.-3"Interior 21 m. Fx.Retaining wall 7. b.Retaining waf, 1 Walkway o fVo6e: New Land—ped Slab ar Gran Re Landing Required For Acres To The 3R'W x 8'H Roathause - �, - - _ Entranc Doc r .� $ Proposed 4 �r Boathouse l -� l 219.15 High Water mark x II III __--____-_---- r -- --- ram- --------- -- - 12'-3" II R'-o' II 3-5' b s 3.73 m II Ream II 1.04 m 5 E E � I II II I E- 1 y� I II II I � I II II I U n -Vf � I II II I I II II I I II II I I II II I - 1OWMIGF* ---m-J 41 Alu inunn Section GacrL I 1 11 "1 ------------ II j9 Ca•t cle—ce I II II I II II II o F 10'Overhead Poor II 3--4- Is'-0.' II II 3-4 1.02 m S.49 rr II II 1:02 m II II Connote II II Marine Rail sections II II Dyable for winter II II storage• II II II 55 1?2" II II"ide aacx II II II II II II Il•y_ Marine Rail inbeded in new II II concrete—-pour flora Development Services November 3, 2021 Report No. DS2021-168 Page 12 of 16 Page 83 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... Schedule 5: LSRCA Comments Lake Simcoe Region � conservation authority www.LSRCA.o n.cz Sent via e-mail:plan ning@oro-medonte.ca October 22"d,2021 Oro-Medonte File No:2021-A-71 LSRCA File No.:VA-123516-092021 Township of Oro-Medonte 148 Line 7 South Oro-Medonte,ON LOL 2EO Attn:Secretary-Treasurer,Development Services Dear Mr. Karakaiskis: Re: Application for Minor Variance Owners:John and Terri Vellinga Agent:Matthew Reid 1901 Ridge Road West,Oro-Medonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment.We understand that the purpose and effect of this variance is to permit the construction of a new single-storey boathouse to replace the existing.The applicant is seeking relief to the following sections of the Township's Zoning By-law 97-95: Section 5.6(a)Minimum Interior Side Yard Setback for a Boathouse Permitted: Proposed: Minimum 2-metres(6.56 feet) 1.34-metres(4.4 feet) Section 5.6(e) Maximum Height for a Boathouse Permitted: Proposed: Maximum 4.5-metres(14.8 feet)above Average High 5-metres(16.4 feet) Water Mark Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package,dated Oct. 18t",2021 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS,2020)and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments per our MOU with both the County of Simcoe and the Township of Oro-Medonte. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board L20 Bayview Parkway T 905.895.1281 Vewmarket, Ontario UY 3W3 F 905.853.5881 Member of Conservation Ontario TF 1.800.465.0437 Development Services November 3, 2021 Report No. DS2021-168 Page 13 of 16 Page 84 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Region conservation authority Page 2 of 4 approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based on our review of the submitted information it is determined that the proposal is consistent and in conformity with the natural hazard policies of the applicable Provincial, County, and local plans. It should be demonstrated how the new boathouse will minimize any impact on the Lake Simcoe shoreline. On this basis,it is recommended that the application be approved, under the following conditions: • The applicant complete a Shoreline Restoration Plan,to the satisfaction of LSRCA Staff. Please contact the LSRCA to scope this requirement with our Natural Heritage Ecologist.This Plan should be completed by a qualified professional. • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act.(Note: payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2021 Fee Schedule). • That Ontario Regulation 179/06 of the Conservation Authorities Act applies,therefore,an LSRCA Permit is required ahead of any development or site alteration. Site Characteristics The subject property is.partly within the regulated area as per Ontario Regulation 179/06, of the Conservation Authorities Act. This is reflective of Lake Simcoe and its associated Shoreline Hazard Area. The proposed new boathouse will reflect development within this regulated area,and therefore,an LSRCA Permit will be required. The subject property is designated as Greenlands and Rural under the County of Simcoe Official Plan, and is designated as Rural and Shoreline under the Township of Oro-Medonte Official Plan.The Township's Zoning By- law 97-95 zones the subject property as Shoreline Residential Exception (SR*83)Zone. 1901 Ridge Road Weal,Oroadedonta neames l.ake�Slmlo�n eut�Mlrti� ❑ sat acaoaq on \\ wrap r®w �M E ax B tOR12�3 -d +ire awn Development Services November 3, 2021 Report No. DS2021-168 Page 14 of 16 Page 85 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Region conservation authority Page 3 of 4 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020).The proposal is consistent with Section 3.1 of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06.This regulation, made under Section 28 of the Conservation Authorities Act,enables conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines,watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. An LSRCA Permit is required to facilitate the proposed development, as it would occur within the regulated area. Advisory Comments: 3. The LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Ora-Medonte, and the County of Simcoe in that we provide through an MOU as well as through our role as a public body,pursuant to the Planning Act. Lake Simcoe Protection Plan (LSPP) The proposed development would reflect an existing use as per Designated Policy 6.45 of the LSPP,and would be permitted. It should however be demonstrated how the boathouse will minimize any impact on the Lake Simcoe shoreline, and comply with Designated Policy 6.11 of the LSPP. This to be satisfied through the submission of a Shoreline Restoration Plantings Plan, prepared to the satisfaction of the LSRCA. Summary Based on our review of the submitted information it is determined that the proposal is consistent and in conformity with the natural hazard policies of the applicable Provincial, County, and local plans. It should be demonstrated how the new boathouse will minimize any impact on the Lake Simcoe shoreline. On this basis, it is recommended that the application be approved, under the following conditions: • The applicant complete a Shoreline Restoration Plan, to the satisfaction of LSRCA Staff. Please contact the LSRCA to scope this requirement with our Natural Heritage Ecologist.This Plan should be completed by a qualified professional. • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act.(Note:payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2021 Fee Schedule). • That Ontario Regulation 179/06 of the Conservation Authorities Act applies,therefore, an LSRCA Permit is required ahead of any development or site alteration. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated. Development Services November 3, 2021 Report No. DS2021-168 Page 15 of 16 Page 86 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Region conservation authority Page 4 of 4 2. Ontario Regulation 179/06 applies to this minor variance application,therefore,an LSRCA Permit will be required to facilitate the proposed development. 3. A Shoreline Restoration Plantings Plan should be competed and submitted to the LSRCA for review. LSRCA Staff should be contacted ahead of pursuing this document in order to assist in scoping the requirement with our Natural Heritage Ecologist. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (I.munnoch@lsrca.on.ca) referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, A�� Liam Munroch Planner 1 Lake Simcoe Region Conservation Authority Development Services November 3, 2021 Report No. DS2021-168 Page 16 of 16 Page 87 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... From: Metras,Justin Sent: October 18, 2021 11:20 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-A-71)Vellinga Abbey Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 88 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David Sent: October 18, 2021 10:35 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-A-71)Vellinga Teresa /Abbey Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. Cheers Dave Page 89 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail: plan ning0oro-medonte.ca October 22nd1 2021 Oro-Medonte File No: 2021-A-71 LSRCA File No.: VA-123516-092021 Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Attn: Secretary-Treasurer, Development Services Dear Mr. Karakaiskis: Re: Application for Minor Variance Owners:John and Terri Vellinga Agent: Matthew Reid 1901 Ridge Road West, Oro-Medonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose and effect of this variance is to permit the construction of a new single-storey boathouse to replace the existing. The applicant is seeking relief to the following sections of the Township's Zoning By-law 97-95: Section 5.6(a) Minimum Interior Side Yard Setback for a Boathouse Permitted: Proposed: Minimum 2-metres (6.56 feet) 1.34-metres (4.4 feet) Section 5.6(e) Maximum Height for a Boathouse Permitted: Proposed: Maximum 4.5-metres (14.8 feet) above Average High 5-metres (16.4 feet) Water Mark Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Oct. 18t", 2021 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments per our MOU with both the County of Simcoe and the Township of Oro-Medonte. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 90 o15340.800.465.0437 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Plan ni A!Si Mav iae: ... co ervation authority Page 2of4 approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based on our review of the submitted information it is determined that the proposal is consistent and in conformity with the natural hazard policies of the applicable Provincial, County, and local plans. It should be demonstrated how the new boathouse will minimize any impact on the Lake Simcoe shoreline. On this basis, it is recommended that the application be approved, under the following conditions: • The applicant complete a Shoreline Restoration Plan, to the satisfaction of LSRCA Staff. Please contact the LSRCA to scope this requirement with our Natural Heritage Ecologist. This Plan should be completed by a qualified professional. • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2021 Fee Schedule). • That Ontario Regulation 179/06 of the Conservation Authorities Act applies, therefore, an LSRCA Permit is required ahead of any development or site alteration. Site Characteristics The subject property is partly within the regulated area as per Ontario Regulation 179/06, of the Conservation Authorities Act. This is reflective of Lake Simcoe and its associated Shoreline Hazard Area. The proposed new boathouse will reflect development within this regulated area, and therefore, an LSRCA Permit will be required. The subject property is designated as Greenlands and Rural under the County of Simcoe Official Plan, and is designated as Rural and Shoreline under the Township of Oro-Medonte Official Plan.The Township's Zoning By- law 97-95 zones the subject property as Shoreline Residential Exception (SR*83) Zone. 1901 Ridge Road West,Oro-Medonte Faecvree Lake-fllon u!hnav ❑ LSRGA wa[aBNed eonndary o LSPP—®—d" �;RPRA.�]T — R[gulaficn9oundary _ _ ♦♦♦ Regwlauon area Ms� �� Aeseasmenl Parcel � ❑ Wand Concession Roatl Labe@ 1]31 RI6G Roatla�i� 1 1 RiPRr<RGw 1dH RIORX RO Sv xy moss, E.RO agar.na.rmn sSR Pw tpq POPEPw Railwayl� ❑ Lrn T hwaid�rry ROG 'RRIEN 6T i901 RG T P BT 6 @R OX-BT {3 BR 9 O'RPIBN BT lasvzosl a RRo ms aRlEry ST Scale 1.].246 51edn 1S5 G SZ 1fi5 Page 91 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Plan ni A!9 MV i0*: ... co ervation authority Page 3of4 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The proposal is consistent with Section 3.1 of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. An LSRCA Permit is required to facilitate the proposed development, as it would occur within the regulated area. Advisory Comments: 3. The LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte, and the County of Simcoe in that we provide through an MOU as well as through our role as a public body, pursuant to the Planning Act. Lake Simcoe Protection Plan (LSPP) The proposed development would reflect an existing use as per Designated Policy 6.45 of the LSPP, and would be permitted. It should however be demonstrated how the boathouse will minimize any impact on the Lake Simcoe shoreline, and comply with Designated Policy 6.11 of the LSPP. This to be satisfied through the submission of a Shoreline Restoration Plantings Plan, prepared to the satisfaction of the LSRCA. Summary Based on our review of the submitted information it is determined that the proposal is consistent and in conformity with the natural hazard policies of the applicable Provincial, County, and local plans. It should be demonstrated how the new boathouse will minimize any impact on the Lake Simcoe shoreline. On this basis, it is recommended that the application be approved, under the following conditions: • The applicant complete a Shoreline Restoration Plan, to the satisfaction of LSRCA Staff. Please contact the LSRCA to scope this requirement with our Natural Heritage Ecologist. This Plan should be completed by a qualified professional. • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2021 Fee Schedule). • That Ontario Regulation 179/06 of the Conservation Authorities Act applies, therefore, an LSRCA Permit is required ahead of any development or site alteration. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated. Page 92 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Plan ni A!9 Mav i0*: ... co ervation authority Page 4of4 2. Ontario Regulation 179/06 applies to this minor variance application,therefore, an LSRCA Permit will be required to facilitate the proposed development. 3. A Shoreline Restoration Plantings Plan should be competed and submitted to the LSRCA for review. LSRCA Staff should be contacted ahead of pursuing this document in order to assist in scoping the requirement with our Natural Heritage Ecologist. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (I.munnoch@lsrca.on.ca) referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 93 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... W c6 y E ■ ' "Ilk cpa ate` O �P N Cu CU Q- 4-0 ca Uca C: � ca Cu a) 4-0 �. '� 0 00 O � � � a) O o U) c) CY) O M lqr-- -r- 00 N U) C: a O •� G� U •� i Nw O c.� Page 94 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... Ca 00 w a) 0) o f Cu Cu a) N 0 0 a) U) Z3 o _ O4-0 Cu Cn (n N 0) O N Q _ N p ° oo cn CO O o � N 4-0 a) — Q � Q N O a) O M ° M a) � � a- � U) a- LO U Cu � � O .— a� _ O °° Q o 4-0 l� L O T V a) !. _N N CO70 Cu 70 L- (6 C: Cfl = Q0 Z3 E Cu D Cu x O O -0 M _ .— o c� E 0 Ld -0 E > v� '0 � � Q Q rn o E o E 'X > L to j � •� U � � O CL U) U) (6 Page 95 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... 1 Cu i Q ; i O N O Cu U CL CL Q N U Cu .L— Cu O . . .� o a L Q Page 96 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... 1 o z Cu r c x ■� � Y o s g is z vi C St50E - tlr5 µtlld `v 1tlVd ; _z _ akr.U � lul+ninni INN yid'y.•6�}� �a N O ¢ ;Ln • a Ill i U w spy $ J C e�i a o a ■ w in Ili d 9Og Nl a lma� �a • • R E �a �II■ Cu Cu Cl) ♦ .� v/ C V CL P1 Q Page 97 of 340 6.c) 5.50 p.m. DS2021-168, Derek Witlib, Manager, Planning Services re: ... g E ffi- I I W Lt r.9! 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L Cu D L i O D- O C ca W Ln Cu n � N L (0 a) c) cha� oo � o � oCUo E u -r- — ern E Qa� ° DQ +- 07 � ti > o' O � � � � � ca � Q � o � a) O }. N (n O O > N 0- 0 O N > �_ a) > � ca cn Cu Cu 0 O � o U0u - I )-U) Ln QQ 0 Cuca L o cn O� O Cu .O Q _ c� ca ca Cuaoi cc: CU4- LOa� � E �° �r O � Cu Cu 4- a) Cu M Cu E E taco � HU O C� L-- (D Cu � 0 � i � 0) G� Q a-- O E C) Page 105 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-165 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # November 3, 2021 Minor Variance Application 2021-A-70 Roll #: David Burgess and Marites R.M.S. File #: 4346-010-006-15000 Calacala D13 60040 551 Penetanguishene Road Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-165 be received and adopted. 2. That Minor Variance Application 2021-A-70 by David Burgess and Marites Calacala specifically to permit the construction of a single detached dwelling with a setback of 5.6 metres (18.3 feet) to the Environmental Protection Zone and 22.0 metres (72.1 feet) to a watercourse, on lands municipally known as 551 Penetanguishene Road, be deferred, to allow the applicant's the opportunity to address the concerns provided by the Nottawasaga Valley Conservation Authority (NVCA) and for the applicants to obtain an EIS from a qualified consultant to assess potential natural heritage impacts. 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.81 hectares (2.0 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and several detached accessory buildings. The applicants are proposing to demolish the existing dwelling and construct a new single detached dwelling. The existing dwelling is built very close to Penetanguishene Road and the applicants wish to create distance from the new dwelling and this main road. The applicants are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Development Services November 3, 2021 Report No. DS2021-165 Page 1 of 9 Page 106 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... Section 5.27 Setbacks from Limits of Environmental Protection Zone Required: Proposed: Notwithstanding any other provision in 5.6 metres (18.3 feet) this By-law, no building or structure, shall be located within 30 metres (98.4 feet) of the boundaries of the Environmental Protection Zone. Section 5.32 Setback from Water Courses Required: Proposed: Notwithstanding any other provision in 22.0 metres (72.1 feet) this By-law, no building, or structure shall be located within 30 metres (98.4 feet) of the top of bank of any watercourse The applicant's site plan and elevation drawings are included as Schedules 3 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to a watercourse. Section 2.2 —Water aims to "protect, improve or restore the quality and quantity of water". Planning Staff currently cannot provide supportive comments as the NVCA has requested an Environmental Impact Study (EIS) to assess potential natural heritage impacts. Section 3.1 Natural Hazards is to ensure safety of people and structures. NVCA notes that there is a meander erosion hazard on the property. However, this natural hazard is outside of the proposed dwelling development and thus, the NVCA has no natural hazard concerns. Development Services November 3, 2021 Report No. DS2021-165 Page 2 of 9 Page 107 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposal is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is an existing rural residential lot. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their Official Plans. However, this policy is relevant due to the proximity of the lands to a watercourse. The subject lands are not located within any natural heritage designations identified in the Township's or County's Official Plans. However, as per comments received from the NVCA, they state that there are significant natural heritage features within proximity to the proposed development and an EIS will be required to assess the potential impacts of development on such features. An EIS will be required to evaluate conformity of the proposal with relevant natural heritage-related policies such as section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features. Planning Staff is of the opinion that this application does not yet conform to A Place to Grow, 2020 given the NVCA comments. County Official Plan The property is designated Greenlands and Agriculture in the County of Simcoe's Official Plan. The proposed dwelling is within the Greenlands designation. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." (County of Simcoe, 2016). Permitted uses in the Greenlands designation include agricultural uses; agriculture- related uses; on-farm diversified uses; forestry uses; mineral aggregate operations, outdoor passive recreational uses; and residential dwelling units that demonstrate that the lands are not within a prime agricultural area. According to Section 3.8.16, legally existing uses within the Greenlands system will be recognized and can continue. There is an existing dwelling on the property that will be demolished and replaced with the proposed dwelling. In Planning Staff's opinion, the applicant's minor variance application conforms with the County's Official Plan as the construction of a single detached dwelling is considered an existing residential use on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy Development Services November 3, 2021 Report No. DS2021-165 Page 3 of 9 Page 108 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Agricultural in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings. Therefore, based on the above, the requested variance pertaining to the construction of a single detached dwelling is considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. Single detached dwellings are permitted in the A/RU Zone. The applicants are proposing to demolish an existing dwelling and rebuild a new single detached dwelling and are seeking relief from the Zoning By-law to allow a reduced setback from the EP zone and a watercourse. The primary purpose of the setback from a watercourse and the Environmental Protection Zone is to protect natural heritage features, people, property and structures from natural hazards such as flooding and erosion. The location of the proposed dwelling is regulated by the NVCA. Comments received from the NVCA require the applicants to obtain an EIS from a qualified consultant to assess potential natural heritage impacts as a result of the proposed development. For the reasons outlined above, Planning Staff is of the opinion that the requested variances do not yet meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this rural area. Upon site visit, Staff has identified that the proposed dwelling will blend in with the area as there are other dwellings in the area. The location for the proposed dwelling is currently cleared and used as driveway and garden space. The proposed structure will not interfere with functional matters such as access around the dwelling. However, based on comments received from NVCA, Development Services November 3, 2021 Report No. DS2021-165 Page 4 of 9 Page 109 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... Planning Staff do not believe at this time the proposed application is appropriate development for this lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is not minor in nature as the proposed structure requires additional information to be in line with the policies contained in the PPS and Growth Plan. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development has not yet demonstrated that it will not negatively impact the Township's natural features and attributes. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: Development Services November 3, 2021 Report No. DS2021-165 Page 5 of 9 Page 110 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... • Township Development Engineering — No objection • Township Infrastructure and Capital Projects — No comments • Nottawasaga Valley Conservation Authority — Request for deferral Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-70 be deferred, to allow the owner to obtain an EIS from a qualified consultant to assess potential natural heritage impacts on lands municipally known as 551 Penetanguishene Road. Respectfully submitted: Danielle Waters, Planner Approvals: Date Andria Leigh, Deputy CAO/Director, Development Services October 27, 2021 Development Services November 3, 2021 Report No. DS2021-165 Page 6 of 9 Page 111 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location Map y'7• 7 Napoleon Rd. «de�9I I.Xa. Ii Xereleah+e•ValleyRd. 2620 I OMSp�eRd. �a• e 559 2621 Q0 551 2621 Schedule 1 Location 0;nwv�� /r ®Subject Lands r� .Proud Herira�e,Exciting Future 0 100 m File Number.2021-A-70 1 1 Development Services November 3, 2021 Report No. DS2021-165 Page 7 of 9 Page 112 of 340 6.d) 6:00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo yo Jam. pion a � Y ......eelWl I oa «d. rm Schedule 2 � J_�.: Aerial Photo 6wrishipf Subject Lands Proud Heritage,Exciting Future 0 50 m File Number.MOV-70 N 1 I I 1 Development Services November 3, 2021 Report No. DS2021-165 Page 8 of 9 Page 113 of 340 6.d) 6-00 p.m. DS2021-165, Danielle Waters, Planner re- Minor Variance A Schedule 3: Applicants Proposed Site Plan -------—------ IN S, M-W -----—------- ----------- Schedule 3 Applicant's Site Plan 0 T h ; File Number 2021-A-70 llrmid Heritage,,Excirdrig Fnivre Development Services November 3, 2021 Report No. DS2021-165 Page 9 of 9 Page 114 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... From: Saunders, David Sent: October 15, 2021 10:08 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-A-70) Burgess & Calacala Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 115 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... From: Metras, Justin Sent: October 15, 2021 10:46 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-A-70) Burgess & Calacala Abbey Operations has no comments on this application. Justin Page 116 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... From: Chinoye Sunny<csunny@nvca.on.ca> Sent: October 20, 2021 9:13 AM To: Planning<Planning@oro-medonte.ca> Subject: NVCA Comments - 551 Penetanguishene Road Good morning, Nottawasaga Valley Conservation Authority(NVCA) is in receipt of a minor variance application to seek relief from the Township of Oro-Medonte Zoning By-law 97-95 regarding the property of 551 Penetanguishene Road for the following: 1. Section 5.27—Setback from limits of Environmental Protection Zone: • To permit the development of a building or structure with a proposed location of 5.6 metres (18.3 feet) within the Environmental Protection Zone, whereas 30 metres (98.4 feet) is permitted. 2. Section 5.32—Setback from Water Courses • To permit the development of a building or structure with a proposed location of 22.0 metres (72.1 feet) within the top of bank at any watercourse, whereas 30 metres (98.4 feet) is permitted. Delegated Responsibility and Statutory Comments: The property is partially regulated by the NVCA for natural hazards (meander erosion hazard) associated with a watercourse and Willow Creek at the rear of the property. The property also has natural heritage features (woodlots and wetlands) located within the property boundaries. NVCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 172/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables Conservation Authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Natural Heritage and Ecology-Advisory Comments The proposed development shall be consistent with the following policies within the Provincial Policy Statement(PPS 2020) Adjacent to Wetlands or Woodlands impact(s) SECTION 2.1.8 Policies contained within the PPS prohibit development (including lot creation) and site alteration adjacent to significant natural heritage features unless it unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 1. Due to the presence of confirmed and candidate significant natural heritage features within proximity to the proposed development, an EIS will be required to assess the potential impacts of development on such features, and evaluate conformity of the proposal with relevant natural heritage-related policies. The applicant will be required to retain a qualified ecologist to prepare this submission, at which point the consultant shall contact NVCA planning staff to discuss the appropriate scope of required studies 2. NVCA's Planning and Regulations Guidelines stipulate a 30m setback to significant natural heritage features (wetlands/woodlands)from development activities. Page 117 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... Natural Hazard -Advisory Comments We note that there is a meander erosion hazard on the property. However, this natural hazard is outside of the proposed dwelling development and thus, the NVCA has no natural hazard concerns. Conclusion On this basis, any approval of this application should be subject to the following condition: • The Owner shall obtain an EIS from a qualified consultant to assess potential natural heritage impacts Thank you for circulating this application and please forward a copy of any decision. Kind regards, Chinoye Sunny I Junior Planner, Planning Services Nottawasaga Valley Conservation Authority 8195 81h Line, Utopia, ON LOM 1TO T 705-424-1479 1 F 705-424-2115 csunnv@nvca.on.ca I nvca.on.ca Page 118 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... From: Blaney, Cameron (MTO) <Cameron.Blaney@ontario.ca> Sent: October 29, 2021 2:41 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-A-70) Burgess & Calacala Hello Abbey, MTO has no objection to the minor variance, but the site is within MTO permit control area and an MTO permit should be secured before any work begins on site. Cameron Blaney I Corridor Management Planner I Simcoe&York Highway Corridor Management Section—Central Operations 159 Sir William Hearst Avenue I Ministry of Transportation 7'" Floor, Building D I Downsview, Ontario I M3M OB7 416-358-7871 Cameron.Blaney@ontario.ca Page 119 of 340 6.d) -nn n m DS2021-165, Danielle Wat rs, Planner re. 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Page 127 of 340 6.d) 6.00 p.m. DS2021-165, Danielle Waters, Planner re: Minor Variance A... � o c) .E c ca .L ai o � z � M O CD � c c > o 0 O � L L > 0 O N (6 O L ' U � Q Q N N O U U IT N ^ � � -0 � O �\ O 0 U O a) (n N 2 �2 � Cu 1- 2 L U L (n N O U ECu 0- -0 c �+ Q 0 N 2 q? o CuCu2 N t U Uc � � a> M w O M L.L O Q 0 O N O O Q = � E L O U) V/ 0 O U Q � a� 0- L 0 ca ) m E 2 o M o > o M E LJJ _ c .� o rR �� i ca 0 W O 0- � V > _ o O -E o 0 > Q ^ L O N N N O 0 U (V _ N o M N _0 N C M U) .� O �LO Q > 0 O U .2 N Q c z o Q ECN a� (6 p 7 Q O L Q Q E z ca � � - c6 N ? M C .O N O O N -� C C N > 'O E _ � � v O H H (6 U Q A+ U W N L Page 128 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2021-161 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # November 3, 2021 Minor Variance Application 2021-A-72 Roll #: Pauline & Robert Stuart R.M.S. File #: 4346-020-005-03947 49 Grandview Crescent D13 60042 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-161 be received and adopted. 2. That Minor Variance Application 2021-A-72 by Pauline & Robert Stuart, specifically for permission to build a detached garage in the front yard with a maximum height of 5.8 metres (4.5 metres permitted) and a maximum floor area of 100.3 m2 (70 m2 permitted) and lot coverage of 10% (5% permitted) be approved subject to the conditions as outlined in Report DS2021-161 . 3. The conditions are as follows: a) That notwithstanding Section 5.1 .3, 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 applicant remove the culvert and restore the ditch at the entrance to be closed and blocked by the proposed garage; c) That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act; d) 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; e) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, 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 November 3, 2021 Report No. DS2021-161 Page 1 of 19 Page 129 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 49 Grandview Crescent, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The drawings and documents submitted by the Applicant indicate that the property is currently occupied by an approximately 144 m2 (1,550 ft2) 1-storey dwelling and detached shed in the rear yard. The property includes a circular driveway accessed from Grandview Crescent by two driveways. The subject property has an area of 1,394.5 m2 (15,010 ft2) and 22.86 metres of frontage on Grandview Crescent. Schedule 3 includes site photographs illustrating the existing site conditions and uses, including the existing trees and shrubs along the west, east and north property lines that provide extensive screening and buffering with the abutting properties. 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 Limited Service Zone (RLS) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing construction of a 1-storey detached garage in the front yard of the existing detached dwelling, within 2.0 metres of the west (interior side) property line and 7.5 metres from the south (front) property line. The proposed location of the detached garage corresponds with the curvature of the existing driveway, effectively allowing access to the garage from the easterly of the existing two driveways with the westerly driveway being abandoned. The property survey shows that locating the proposed garage on the west side or at the rear of the existing dwelling is not possible without conflicting with the location of the existing septic bed. Based on the information provided by the Applicant, the ground floor will be used for parking vehicles and will have a gross floor area of 100.3 m2 (1 ,080 ft2) and height of 5.8 metres. The proposed floor area and lot coverage of the detached garage will increase lot coverage of the subject property from 5% to 10%. The drawing package submitted by the Applicant includes conceptual elevations for the proposed structure that show windows on all sides of the building, as well as access doors on the north, east and south elevations. On the basis of these elevations, it also Development Services November 3, 2021 Report No. DS2021-161 Page 2 of 19 Page 130 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... appears that the proposed accessory structure will be similar in height to the existing single detached dwelling. These drawings are included in Schedule 5. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1 . To permit detached accessory building in the front yard (7.5 metres or 24.6 feet from the front property line); 2. To permit maximum height of a detached accessory building or structure, except boathouses, greater than 4.5 metres (5.8 metres proposed); 3. To permit maximum lot coverage of all detached accessory buildings and structures greater than 5.0% (10.0% proposed); and 4. To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (100.3 m2 proposed). 4. Zoning Review Table 1 includes a review of the applicable zoning standards. The intent of the proposal is construct a 1-storey detached garage in the front yard that exceeds the maximum permitted height, lot coverage and floor area for a detached accessory building or structure. Section 6.0 of the Zoning By-Law defines "Accessory Building or Structure" to mean "a detached building or structure, the use of which is naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot". Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings,Structures and Where this By-law provides that land • The proposed detached Uses[By-law 2017-0121 may be used or a building or structure garage will have a smaller may be erected or used for a purpose, footprint and gross floor area that purpose may include any than the existing single detached accessory buildings, detached dwelling on the accessory structures or accessory uses property. located on the same lot as the primary • The proposed detached use to which they are related. For the garage will be similar in purposes of this by-law a retaining wall height and built form with a height of 1.0 metre(3.2 feet)or character to the existing more is considered an accessory dwelling. structure and is subject to the • It is my opinion that the provisions of Section 5.1. proposed garage will be incidental or subordinate to the main use of the property for a single detached dwelling. 5.1.1 Uses Permitted in Detached No detached accessory building or • The plans submitted with this Accessory Buildings and Structures[By- accessory structure shall be used for application show slab-on- law 2015-192] human habitation or an occupation for grade construction of an Development Services November 3, 2021 Report No. DS2021-161 Page 3 of 19 Page 131 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... gain,unless specifically permitted by accessory structure for this By-law.A detached accessory parking vehicles. building or structure is permitted to • The plans show no space contain sanitary facilities,including assigned for human sink and/or toilet,outside an area habitation or occupation and susceptible to flooding however no sanitary facilities are kitchen facilities including food proposed. preparation facilities or facilities for • The proposed accessory the installation of kitchen equipment structure would be required are prohibited to comply with this section. 5.1.3 Permitted locations for detached Unless otherwise specified in this By- • The proposed detached accessory buildings and structures in law,detached accessory buildings and garage will be located in the all zones[By-law 2004-063,2015-192, structures,except boathouses,shall: front yard,7.5 metres from 2017-0121 the front property line a)Not be located in the front yard. (variance required) Notwithstanding this provision,a • The proposed garage will be detached private garage is permitted in located greater than 1 metre the front yard of a lot that abuts Lake from the existing single Simcoe or Bass Lake provided it is set detached dwelling and back a minimum distance equal to the detached structure on the required front yard for the main subject property. building from the front lot line. • The proposed garage will be Notwithstanding this provision,a located 2.0 metres from the detached accessory building is west property line. permitted in the front yard in the Agricultural/Rural(A/RU)Zone provided it is not located in the required front yard.Notwithstanding this provision,a retaining wall with a height of 1.0 metres or more is permitted in the front yard in all Residential zones provided it is not within the required front yard. b)Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d)Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line. Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no 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. Development Services November 3, 2021 Report No. DS2021-161 Page 4 of 19 Page 132 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres(49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached 5.8 m proposed(variance required) accessory building or structure,except boathouses,is 4.5 metres(14.7 feet). 5.1.5 Maximum lot coverage The maximum lot coverage of all 10%proposed(variance required) detached accessory buildings and structures on a lot,excluding boathouses,is 5 percent. 5.1.6 Maximum floor area[By-law The maximum floor area of any one 100.3 mz(variance required) 2003-081,2017-0121 detached accessory building or structure,excluding boathouses, is 70 square metres(753.5 square feet). However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. I have reviewed the development proposal and requested minor variances and I am satisfied that the application is generally consistent and does not conflict with the applicable policies of PPS 2020 on the basis that the proposal will maintain the existing character of the area, allow for enhanced and efficient use of the existing single detached dwelling on the subject property with 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. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe Development Services November 3, 2021 Report No. DS2021-161 Page 5 of 19 Page 133 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. It is my opinion that the development proposal generally conforms to the applicable Growth Plan policies on the basis that the proposal represents intensification and more efficient use of an existing low density residential use and does not include any extensions or upgrades 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 agricultural lands, natural heritage, hydrologic and Iandform systems, features and functions. 3. Simcoe County Official Plan The subject property is designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. The subject property is not located in any of the following as designated in the Official Plan: Streams and Evaluated Wetlands; Areas of Natural and Scientific Interest; Wellhead Protection Areas and Surface Water Intake Protection Zones; Highly Vulnerable Areas; Significant Groundwater Recharge Areas. On the basis of the review of the specific policies of the Simcoe County Official Plan provided in Table 2, it is my opinion that the proposal for the subject property and the requested minor variances 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 garage also provides appropriate setbacks to Grandview Crescent and the interior side and rear property lines. Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • The proposed detached garage will not adversely impact any existing natural heritage characteristics The goals of this Plan are: on and adjacent to the subject property,and will located in an existing cleared and graded area • To protect,conserve,and enhance the County's adjacent to the driveway. natural and cultural heritage; • The proposal will make more efficient use of the • To achieve wise management and use of the subject property than under existing conditions by County's resources; allowing enclosed parking of vehicles and • To implement growth management to achieve eliminating multiple driveway access to Grandview lifestyle quality and efficient and cost-effective Crescent. municipal servicing,development and land use; Development Services November 3, 2021 Report No. DS2021-161 Page 6 of 19 Page 134 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... • To achieve coordinated land use planning among • No details have been provided in the application the County's local municipalities and with that indicate water or sanitary services will be neighbouring counties,districts,regions,and extended to the proposed detached garage. separated cities,and First Nations lands; • The land use and built form character of the • To further community economic development subject property and surrounding community for which promotes economic sustainability in Simcoe low density residential uses will be maintained. County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy • The proposed detached garage is located within a "Settlement"area on a property with existing 3.1 Strategy services and a detached dwelling.However,the plans do not indicate that the proposed structure The planning strategy of this Plan is based on four themes: will require new servicing connections. • The proposed garage will be used as an accessory • Direction of a significant portion of growth and structure to the existing single detached dwelling development to settlements where it can be and will be similar in scale and character. effectively serviced,with a particular emphasis on • The proposed garage is located in an area that primary settlement areas. maintains existing tree cover and natural heritage • Enabling and managing resource-based characteristics on the subject property and in the development including agriculture,forestry, surrounding area. aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.5 Rural • The proposal will make more efficient use of existing land without adversely impacting the land Objectives use/built form character or natural heritage features on and adjacent to the subject property. 3.7.1 To recognize,preserve and protect the rural character • The proposed garage is intended to be accessory and promote long-term diversity and viability of rural to the existing single detached dwelling on the economic activities. subject property and will be used only for garage 3.7.2 To encourage maintenance,protection,and and storage purposes(i.e. no human habitation or restoration of significant natural heritage features and business uses). functions and to conserve the built heritage resources and • The rural and open space character of the existing cultural heritage landscapes associated with rural and residential use of the subject property will be agricultural areas. maintained. Policies 3.7.3 Lands in the Rural designation shall be the focus of rural and agricultural land uses. 3.7.4 The following are permitted in the Rural designation: a)those land uses permitted in the Agricultural designation; b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); Development Services November 3, 2021 Report No. DS2O21-161 Page 7 of 19 Page 135 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. 4. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 addresses the applicable policies. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The development proposal and requested minor variances will have no impacts on natural heritage A2.1 Natural Heritage features on the subject property and the surrounding areas. A2.1.1 Goal • No new services or infrastructure are proposed to support the accessory structure. It is the goal of this Plan to protect and enhance significant • There are no wetlands or Provincially Significant natural heritage features and related ecological functions in Areas of Natural and Scientific Interest located on the Township. or adjacent to the subject property. • The proposed structure maintains the built form A2.1.2 Strategic Objectives and land use character of the subject property as a single detached dwelling,which is consistent and a)To protect from incompatible development significant compatible with the surrounding community. natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection,maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.6 Growth and Settlement • The subject property is located within the "Shoreline"area and the development proposal A2.6.2 Strategic Objectives will make more efficient use of these lands in a manner that is compatible with the community a)To direct the majority of new residential growth to and respects and preserves the context and single settlements. detached character of the property relative to d)To encourage the more efficient use of land in settlements,where appropriate. surrounding land uses. Development Services November 3, 2021 Report No. DS2021-161 Page 8 of 19 Page 136 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... SECTION C5—SHORELINE • The proposal and requested minor variances will maintain the single detached dwelling residential C5.1 OBJECTIVES character of the subject property and surrounding area. •To maintain the existing character of this predominantly • The proposal will rely on existing services and residential area. infrastructure and not require any extensions or •To protect the natural features of the shoreline area and upgrades. the immediate shoreline. • There are no natural heritage features on or •To ensure that existing development is appropriately adjacent to the subject property that will be serviced with water and sewer services. adversely impacted.The existing trees and vegetation will be maintained and also provide C5.2 PERMITTED USES buffer and screening functions. 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. 5. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Residential Limited Service Zone (RLS)", which permits single detached dwellings and accessory buildings/structures. This application includes the following minor variances to permit a proposed detached accessory garage at the front of the subject property: 1 . To permit detached accessory building in the front yard (7.5 metres or 24.6 feet from the front property line); 2. To permit maximum height of a detached accessory building or structure, except boathouses, greater than 4.5 metres (5.8 metres proposed); 3. To permit maximum lot coverage of all detached accessory buildings and structures greater than 5.0% (10.0% proposed); and 4. To permit maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (100.3 m2 proposed). 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 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 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". Development Services November 3, 2021 Report No. DS2021-161 Page 9 of 19 Page 137 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... It is my opinion that the location of a detached accessory structure in the front yard and 7.5 metres back from the front property line maintains to the general purpose and intent of the Zoning By-Law. The required rear and side yard setbacks are also provided. The proposed detached garage will provide an opportunity to better manage parking of vehicles on the property in a manner consistent with single detached dwellings that have attached or detached garages. While the detached garage will alter the built form character on the property relative to existing conditions, the proposal will be consistent and compatible with the built form and land use character of the surrounding community. On this basis, it is my opinion that the requested minor variances will maintain the general purpose and intent of the Zoning By-Law. The requested height of 5.8 metres is an increase above the maximum permitted of 4.5 metres but will be relatively consistent with that of the existing single detached dwelling. The proposal provides the required side and rear yard setbacks in conjunction with extensive boundary trees and other plantings that provide screening and buffering to adjacent properties. As a result, it is my opinion that the requested minor variance for height maintains the general purpose and intent of the Zoning By-Law. The requested minor variance to permit maximum floor area of 100.3 m2 (1,080 ft2) is approximately 44 m2 (474 ft2) 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 and human habitation is not permitted under the prevailing zoning regulations. On this basis, the structure will serve primarily as a storage use as opposed to a structure that will facilitate regular and frequent activity. It is my opinion that this minor variance maintains the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? Development Services November 3, 2021 Report No. DS2021-161 Page 10 of 19 Page 138 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... 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 provide an accessory vehicle 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 and will maintain the existing trees and vegetation that provide screening and buffering the adjacent properties. Overall, the existing character of the subject property as a single detached dwelling is maintained. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The proposed detached garage is an "Accessory Structure" set out under the Zoning By-Law. The proposed location, height and floor area of the accessory structure, in conjunction with the proposed garage and storage uses, maintain the existing built form character on the subject property and will implement the general purpose and intent of the Official Plan. Are the variances desirable for the appropriate development of the lot? Yes. The minor variances will maintain the general purpose and intent of the Official Plan and Zoning By-Law and facilitate construction of a detached structure that is subordinate or accessory to the existing single detached dwelling. The existing built form character and use of the subject property for a single detached dwelling with accessory structures will be maintained and will be compatible with the surrounding community. Moreover, the proposed garage and storage uses will facilitate more orderly and functional use of the subject property as single detached dwelling 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 impact 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. Financial / Legal Implications / Risk Management: Development Services November 3, 2021 Report No. DS2021-161 Page 11 of 19 Page 139 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — No objection to application. The applicant will be require to remove the culvert and restore the ditch at the 2nd entrance (the one blocked by the proposed garage). • Alderville First Nation — No objection to application. • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Lake Simcoe Region Conservation Authority - No objection to application subject to the following condition: That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of $525.00 per the LSRCA 2021 Fee Schedule). Development Services November 3, 2021 Report No. DS2021-161 Page 12 of 19 Page 140 of 340 6.e) 6.10 p.m. DS2021-161 , 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 2021-A-72 be approved subject to the conditions as outlined, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Andria Leigh, Deputy Chief Administrative Officer/ Director, Development Services October 27, 2021 Development Services November 3, 2021 Report No. DS2021-161 Page 13 of 19 Page 141 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... Schedule 1: Location Map a��rtn r�r 627 j 69" It L 67 __ - GrandYew Gres[PVTp --------------- 38 -n f Li 9� 30 33542 � / 31 ... 7 76 _ 1y is 24 �f S Development Services November 3, 2021 Report No. DS2021-161 Page 14 of 19 Page 142 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo • 1 T t I Os RLS RLS RLS •f • r Y rr Development Services November 3, 2021 Report No. DS2021-161 Page 15 of 19 Page 143 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos VA �Nr Looking East along Grandview Avenue Looking West along Grandview Avenue -r Existing Single Detached Dwelling and Shed Location of Proposed Detached Garage . 3 1 Sv Landscaped Area along East Property Line Landscaped Area along West Property Line Development Services November 3, 2021 Report No. DS2021-161 Page 16 of 19 Page 144 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan .T- j -——]4�In) .a. ]0.�;L�,. � g 4 Y•TBY[38.3Ym LOT! B ray LOT 7 1m p• � �� 4 Ni 7�C PROPOSS0 .tee Q GARAGE 'o n "57--- � "XE' r• KNOWN AS GRANDVIEW CRESCENT Development Services November 3, 2021 Report No. DS2021-161 Page 17 of 19 Page 145 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings Development Services November 3, 2021 Report No. DS2021-161 Page 18 of 19 Page 146 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... Development Services November 3, 2021 Report No. DS2021-161 Page 19 of 19 Page 147 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... From: Dave Simpson <consultation@alderville.ca> Sent: October 19, 2021 9:13 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Please find attached Notice of Public Hearing for Minor Variance Application (2021-A-72) Stuart, scheduled to be presented on November 03rd, 2021. Thank you for the email regarding this minor variance, Alderville First Nation has no problem with this being granted to the property owner. Thankyou Consultation coordinator Dave Simpson Alderville First Nation consultation@aldervil le.ca (905) 352-2662 Page 148 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... From: Saunders, David Sent: October 19, 2021 8:37 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Please find attached Notice of Public Hearing for Minor Variance Application (2021-A-72) Stuart, scheduled to be presented on November 03rd, 2021. Teresa /Abbey Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. Regards Page 149 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... From: Metras, Justin Sent: October 19, 2021 8:43 AM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Please find attached Notice of Public Hearing for Minor Variance Application (2021-A-72) Stuart, scheduled to be presented on November 03rd, 2021. Abbey Operations has no objections to this application. The applicant will be require to remove the culvert and restore the ditch at the 2nd entrance (the one blocked by the proposed garage). Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 150 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail: plan ning@oro-medonte.ca October 22nd1 2021 Oro-Medonte File No: 2021-A-72 LSRCA File No.: VA-142395-102021 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Dear Mr. Karaiskakis: Re: Application for Minor Variance Owners: Pauline & Robert Stuart 49 Grandview Crescent, Oro-Medonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose and effect of this minor variance is to build a detached accessory building (garage). The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.3 a — Permitted Locations for Detached Accessory Buildings Required: Proposed. Not be located in the front yard. Located in the front yard, approximately 7.5 metres (24.6 feet)from the front lot line. Section 5.1.4—Maximum he ig ht for a detached accessory buildin ara e Required. Proposed. 4.5 metres 14.7 feet 5.8 metres 19.0 feet Section 5.1.5—Maximum let coverage of all detached accessory buildings and structures Required: Proposed: 5.0% 1 0.0% section 5.1.6—Maximum floor area for a detached accessory buildin.. (garage) Required. Proposed: 70.0 square metres 753.5 square feet 100.3 square metres 1.080.0 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 Oct. 19t", 2021 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3w3 F 905.853.5881 Member of Conservation Ontario Page 151 olF340.800.465.0437 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planl4MvrsatC Int Page 2of4 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments per our MOU with the County of Simcoe and Township or Oro-Medonte.The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application, on the following condition: • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2021 Fee Schedule). Site Characteristics The subject property is partly regulated under Ontario Regulation 179/06, as per the Conservation Authorities Act. This is due to the prescence of a watercourse (Bradens Creek), and its associated floodplain hazard area. The subject property is designated as Rural under the County of Simcoe Official Plan, and is designated as Shoreline under the Township of Oro-Medonte Official Plan. The Township Zoning By-law 97-95 zones the property as Residential Limited Service (RLS) Zone. Page 152 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township PlanlpMvrs t� imt Page 3of4 Repim 49 Grandview Crescent,oro-Medonte Features Conser atiion Lake Sa%iw authority EJ LSRCA Watershed Boundary 13 LSPP Watetsned Boundary Regutabon Boundary Regutauon Area Sincoe Greenland Assessment Parcel .1,F HOPE-RE E Lot and Concession Road Labels Watercourse Roads "•wo s— fir:nn�h �i ao.d Railway Lower Tier Munwipafty 6RAHQNEw 11/5 41 ANp11lEW E ■ l7 RA EW RES P.aet a,: tAP�ti2921 wwmw. rem ro-.�,•�.mow—.�-+ �,.rre.n s..m�n�.eoemw.o ra xgra nn....e swew:.a,.e.�..�may,•, ..itinr...s.r.m Scale 1 406 Mm- 21 C 14 21 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The proposal has demonstrated consistency with Section 3.1 of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The area of work, to construct the desired accessory building (garage), will not be within the regulated area as identified.Therefore, an LSRCA Permit will not be required for this proposal. Page 153 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planl4Mvrsat Imt Page 4of4 Summary Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application, on the following condition: • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2021 Fee Schedule). Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated. 2. Ontario Regulation 179/06 is applicable to the subject property, however,the area of work proposed will not be within the regulated portion of the property and therefore an LSRCA Permit will not be required. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (I.munnoch@lsrca.on.ca) referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, A�� Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 154 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... o( W S L� � N ti Q N O N O CU U C o Q- +-j U Q U) U) U o CU U '> > 0 70 O � O cn � U •� 0 . . . . � a ca •— O O N O C� Page 155 of 340 6.e) 6.10 p.m. DS2021-161 , Michael Barton, Township Planning Consultant ... 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File #: 4346-010-005-10400 2001 15/16 Sideroad East D10-60045 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2021-166 be received and adopted; 2. That Consent Application 2021-13-40 by Rebecca, Doug and Lana Spence, to create an agricultural lot on the lands municipally known as 2001 15/16 Sideroad East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-166. 3. The conditions are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or the retained parcel; b) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 3.0 metre road widening on both the severed and retained parcel, a 15m x 15m daylight triangle on the southeast corner of Line 12 and 15/16 Sideroad East and a 15m x 15m daylight triangle on the southwest corner of Line 13 and 15/16 Sideroad East to the satisfaction of the Director, Operations and Community Services. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted road widening 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. Development Services Committee November 3, 2021 Report No. DS2021-166 Page 1 of 12 Page 167 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... c) That the applicant pays to the Municipality a fee of$2,000 as a parkland contribution for each new lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; d) That all municipal taxes be paid to the Township of Oro-Medonte; e) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Survey or be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; f) That the applicant's solicitor prepares and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; g) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, h) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted statutory one year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background: Property Information The property is located at 2001 15/16 Sideroad East. The lot is approximately 81.64 hectares (201.7 acres) in size and contains two single detached dwellings and a cluster of several agricultural/ detached accessory buildings. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. The purpose of Consent Application 2021-B-40 is the creation of a new agricultural lot. The Applicant's consent sketch is included as Schedule 3. The details of the proposed consent (severance), are provided in the table below. Lands to be Severed: Lands to be Retained: Frontage: Approximately 627.8 m (2060 ft.) Approx. 667.8 m (2191 ft.) Depth: Approximately 617.8 m 2027 ft. Approximately 613.2 m 2012 ft. Area: Approximately 40.85 ha (100.9 ac.) Approximately 40.95 ha (101 .9 ac.) Use: Agricultural Agricultural with Residences Development Services Committee November 3, 2021 Report No. DS2021-166 Page 2 of 12 Page 168 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... 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. The intent of the PPS is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Specifically, Section 1.1.4 — Rural Areas, Section 2.1 — Natural Heritage and 2.3 — Agriculture are applicable to this application. Section 2.1 Natural Heritage contains policies concerning the long-term prosperity and protection of natural heritage features. This Section states that development or site alteration shall not be permitted on or adjacent to natural heritage features unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Within the Township Official Plan, a Significant Woodland and Wetland have been identified on the east corner of the lot adjacent to Line 13 North. Based on comments received from LSRCA, they have reviewed the submitted information and are in support of the application. The application proposes the severance of the property into two agricultural parcels which is defined as development; however, no site alteration or further development is proposed at this time and as noted in the LSRCA correspondence any future development on the severed or retained lands may require further study to address the impact of development on these natural features and conformity with these policies. On the basis of the above, it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans as per LSRCA comments. Based on the above-noted circumstances, Planning Staff is of the opinion that an Environmental Impact Study (EIS) is not needed at this time to conclude that the proposed development will not impact the Significant Woodland, and that no further information is needed to demonstrate that the application is consistent with Section 2.1 Natural Heritage. Section 2.3.4.1 a) speaks to "Lot creation in prime agricultural areas is discouraged and may only be permitted for 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". Within the County of Simcoe's Official Plan, Section 3.6.7 a), a lot created for agricultural purposes must possess a minimum size of 40 hectares. This is the common size of agricultural parcels found across both the Simcoe County and in the Township of Oro-Medonte, which allows for a level of viability and flexibility for a range of agricultural uses and their longer term viability for agricultural purposes. Section 3.1- Natural Hazards has been met as per LSRCA comments, the requirement for future LSRCA Permits in the regulated area, and as noted above, that no site alteration is proposed through this application. Based on the above, Planning Staff are of the opinion that the application is consistent with the PPS. Development Services Committee November 3, 2021 Report No. DS2021-166 Page 3 of 12 Page 169 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... A Place to Grow (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The subject application has been reviewed by planning staff with respect to the Places to Grow policies. Within the Natural Heritage System for the Growth Plan (Section 4.2.2), the full range of existing and new agricultural uses, agriculture-related uses, on-farm diversified uses, and normal farm practices are permitted. Sections 4.2.3 and 4.2.4 Lands in and Adjacent to Key Hydrologic Features and Key Natural Heritage Features is also relevant to this application. Recognizing that a significant woodland and wetland are mapped on the Township's Official Plan, staff would note that that these features are located wholly within the severed lands and will not be fragmented by the proposed consent. Planning Staff are satisfied based on the comments received from LSRCA that the proposed consent will not cause any negative impacts to the key features. Section 4.2.6 Agricultural Systems is relevant to this application. In review of these policies, Planning Staff note conformity, specifically: • 4.2.6.4 The geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network will be maintained and enhanced. o 40 hectares as been determined as a functional and economic size for an agricultural parcel in accordance with the County of Simcoe Official Plan • 4.2.6.5 The retention of existing lots of record for agricultural uses is encouraged, and the use of these lots for non-agricultural uses is discouraged o The proposed severance is for an agricultural parcel, and will remain an agricultural use Based on the above, it is Planning Staff's opinion that the proposed severance conforms to the Growth Plan as the location of the proposed development will not affect the Significant Woodland and as noted above, further development on the lands will be required to ensure conformity with the Natural Heritage policies. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and the Township is required to circulate consent applications that are within the regulated area to the LSRCA. LSRCA has reviewed the application and has determined that: • the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. • Consistency with Section 3.1 of the PPS has been demonstrated. • The subject property contains portions of a Provincially Significant Wetland feature, as well as a watercourse which runs along the southern property line, both on and off of the subject property. Any future development of these lands may require further study to address the impact of development on these natural features. This would be addressed through future Planning Act application, if required. Development Services Committee November 3, 2021 Report No. DS2021-166 Page 4 of 12 Page 170 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... County of Simcoe Official Plan The property is designated Agricultural and Greenlands in the County of Simcoe's Official Plan. 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. The intent of the Agricultural designation is to "protect the resource of prime agricultural lands and prime agricultural areas, while recognizing the inter-relationship with natural heritage features and areas and ecological functions" (County of Simcoe, 2016). The Section 3.6.10 speaks to the location of development, should it occur within the Agricultural designation, that development "be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system" (County of Simcoe, 2016). Under the General Development Policies, Section 3.3.13 states that all development within the area of the Lake Simcoe Protection Plan is required to satisfy the provisions of Section 3.13 of this Plan. Section 3.13 reiterates the policies listed in the Lake Simcoe Protection Plan which are discussed in the previous section of this report. Planning Staff is satisfied that these policies have been addressed as comments have been received from LSRCA. Section 3.6.7 speaks to lot creation in the Agricultural designation being generally discouraged and may only be permitted provided new lots for agricultural uses should not be less than 40 hectares or the original survey lot size, whichever is lesser. The proposed severed and retained lots are approximately 40 hectares each. On this basis, Planning Staff is of the opinion that Consent application 2021-B-40 generally conforms to the County of Simcoe's Official Plan. As of the preparation of this report, Development Services Staff has 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 designated Agricultural and Environmental Protection One/Two in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. The proposed consent was assessed against the development of land policies in the Agriculture and Environmental One/Two designations. Section C1.3.1 (Creation of New Lots for Agricultural Purposes) contains specific policies pertaining to the creation of new lots for agricultural uses in relation to specialty crops. But for more general agricultural severances, such as the one proposed by this application, the evaluation must be based on Provincial and Development Services Committee November 3, 2021 Report No. DS2021-166 Page 5 of 12 Page 171 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... County policies and on the general consent criteria found in Section D2.2.1 of the Township Official Plan. The Environmental One/Two designations are silent in terms policy guidance on lot creation. However, the policies do identify the requirement for an Environmental Impact Study (EIS) under certain circumstances. In this case, Planning Staff do not believe an EIS would provide additional information that would impact the decision of this application. Supportive LSRCA comments have been received and should future development of structures/uses occur on the severed lands, an EIS and LSRCA permit may be required. 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 Lines 12 and 13 North and 15/16 Side Road East, which are maintained year-round by the Township. The Township's Operations Department has requested a 3.0 metre road widening for both properties along both Line 12 North and Line 13 North in addition to daylighting triangles at both intersections with 15/16 Sideroad East. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The subject lands do not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Conforms: No traffic concerns have been identified by the Operations Department, but the applicant will be required to obtain an entrance permit for the severed lot's new driveway 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- Both the severed and retained parcels would comply with the Zoning By- law. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: Any future dwelling on the severed lands would be serviced by private individual on-site services (well and septic system). Development Services Committee November 3, 2021 Report No. DS2021-166 Page 6 of 12 Page 172 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... 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. Development Engineering has no objections. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- The retained lands are designated Agriculture and are thus not designated for development beyond the level of their current use, which is for single detached residential and agricultural purposes. Additionally, development of and access to the retained lands or other parcels will not be restricted. The proposed lot should not impact future development on this lot. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conforms- Planning Staff believe that no negative impacts will occur on the features and functions of any ecological feature in the area. Comments received from LSRCA have determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- The applicant will be required at the time of building permit submission to meet all requirements for septic system installation and private water supply. No groundwater concerns have been identified by the Township and agencies in their review of this application. The lands are not located within a Wellhead Protection Area. 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. Based on the above, Planning Staff are satisfied that the proposed severance conforms to the Township's Official Plan. Zoning By-law 97-95 The subject lands are zoned Agricultural/Rural (A/RU), Environmental Protection (EP) and Mineral Aggregate Resources Two (MAR2) in the Township's Zoning By-law 97-95, as amended. As per Table A4, single detached dwellings and agricultural uses are permitted in Development Services Committee November 3, 2021 Report No. DS2021-166 Page 7 of 12 Page 173 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... the A/RU and MAR2 zone. As per Table A5, agricultural uses are permitted in the EP zone. The proposed severed and retained lands meet the minimum lot size and frontage requirements. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • 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: Planning Staff is of the opinion that these applications are consistent with the following Strategic Goal of the Township: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: Notice of these applications were circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering — No objection. • Bell Canada — No concerns • Operations Division o A 15m x 15m daylight triangle on the southeast corner of Line 12 and 15/16 sideroad o A 15m x 15m daylight triangle on the southwest corner of Line 13 and 15/16 sideroad o A 3.Om road widening along the 15/16 Sideroad on both severed and retained lands. The 15/16 Sideroad has been identified in the Road Network Plan as a collector road requiring a 23.Om right of way. • Lake Simcoe Region Conservation Authority (LSRCA) o Consistency with Section 3.1 of the PPS has been demonstrated. Development Services Committee November 3, 2021 Report No. DS2021-166 Page 8 of 12 Page 174 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... o Ontario Regulation 179/06 is not applicable to this consent application, therefore, an LSRCA Permit will not be required at this time. o The proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans o That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Revised Consent Sketch Conclusion: Based on Planning Staff's analysis of this application, it is Staff's recommendation that Consent Application 2021-B-40 be approved, specifically to permit the creation of a new agricultural lot on the lands municipally known as 2001 15/16 Sideroad East, as the Consent is consistent with and conforms to Provincial Policies, the County Official Plan, the Township Official Plan, satisfies Section 51(24) of the Planning Act, and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Derek Witlib, Manager Planning Services October 26, 2021 Andria Leigh, Deputy Chief Administrative Officer/ Director Development Services October 27, 2021 Development Services Committee November 3, 2021 Report No. DS2021-166 Page 9 of 12 Page 175 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re- ConsentApplicat... Schedule 1: Location Map 723 681 460 485 531 .maaa.maeaa. I 443 F pnlerM1'nga uar•IRd. 446 425 F y µ 625 2278 2128 1:5L16�Srd:E. 540 2 Z 18 i 1 r 4 J Z. 335 N 200.1 325 18 16 1759c L5 J SR181�`('fBS. 309 41 35 29 396 391 257 392 2401 363 40 8 278 11 40 M N C 178 127 188 J Schedule 1 Location® Township of Subject Lands /� —--— Proud Heritage,Exciting Puture 0 400 M File Number 2021-8-40 ti I 1 1 1 Development Services Committee November 3, 2021 Report No. DS2021-166 Page 10 of 12 Page 176 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... Schedule 2: Aerial Photo �Y 3I Y Rd� JAaa s,one•RJ. � ■ 1111111� Hareesh�oe•Yalk f I ' iId M 1Ridge, Msd.. ■ ■ 15f15 Srd,E. ?�IIi N - N J a►►IalhCres. b 1 �yM fC J Schedule 2 � Aerial Photo rounSh,Pof .0di � ®Subject Lands Proud Herhage,Exdtdng Future 0 400 m File Number.2021-B-40 H I 1 1 1 Development Services Committee November 3, 2021 Report No. DS2021-166 Page 11 of 12 Page 177 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re- ConsentApplicat... Schedule 3: Applicant's Consent Sketch A2rH2rH f IS�/G �taEPcxl� i COD _ram. i f�'W�.►rF�COcir�E � j' (,�Jt'�➢�T s E l,or To a E I I I i Schedule 3 Applicant's Severance Sketch —=.. Toa�nzshi�� File Number 2021-B-40 Proud Heritage,Exciting Future Development Services Committee November 3, 2021 Report No. DS2021-166 Page 12 of 12 Page 178 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... From: Saunders, David Sent: October 15, 2021 10:05 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-B-40) Spence Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 179 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... From: Metras, Justin Sent: October 15, 2021 10:44 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-B-40) Spence Abbey Operations will require the following: - A 15m x 15m daylight triangle on the southeast corner of Line 12 and 15/16 sideroad - A 15m x 15m daylight triangle on the southwest corner of Line 13 and 15/16 sideroad - A 3.0m road widening along the 15/16 Sideroad on both severed and retained lands. The 15/16 Sideroad has been identified in the Road Network Plan as a collector road requiring a 23.0m right of way. Justin Page 180 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: October 19, 2021 12:08 PM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-B-40) Spence Bell file: 705-21-797 Good afternoon, Bell Canada has no comments or concerns regarding this Consent 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 181 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... Lake Simcoe Region conservation authority www.LSRCA.on.ea Sent via e-mail: plan ning@oro-medonte.ca October 22nd1 2021 Oro-Medonte File No: 2021-B-40 LSRCA File No.: CO-149479-101521 Andy Karaiskakis, Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Dear Mr. Karaiskakis: Re: Application for Consent Owners: Rebecca, Doug, and Lana Spence 2001 15/16 Sideroad E., Township of Oro-Medonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose and effect of this consent is to sever lands to create a new agricultural lot. Details of this consent (severance) application include: I Lands to be Severed: Lands to be Retained: Frontage: Approximatel 627.8 m 2060 ft_ A rcx_ 667.8 m 2191 ft. Depth: Approximately 617.8 m 2027 ft_ Approximately 613.2 m 2012 ft. Area: Approximately 40.85 ha 100.9 ac, Approximately 40.95 ha 101.9 ac. Use: A ricuitUral Agricultural with Residence Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Oct. 15t"1 2021 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments per our MOU with the County of Simcoe and Township or Oro-Medonte.The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 182 o15340.800.465.0437 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: �, Ipoat... conservation a t ority Page 2 of 4 Provincial, County, and local plans. On this basis, we recommend approval of this application, on the following condition: • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2021 Fee Schedule). Site Characteristics The subject property is partly regulated under Ontario Regulation 179/06, as per the Conservation Authorities Act.This is due to the presence of both a Provincially Significant Wetland,to the southeast corner of the property, as well as a watercourse(Bluffs Creek)which runs along the southern property line, both on and off of the subject property. There is identified floodplain hazard area and meander belt area associated with this watercourse. The subject property appears designated as Agricultural and Greenlands under the County of Simcoe Official Plan.The property is designated as Agricultural,with a portion of the property designated as both Environmental Protection One, and Two, under the Township of Oro-Medonte Official Plan. The property is zoned as Agricultural/Rural (A/RU) Zone, Environmental Protection (EP) Zone, and Mineral Aggregate Resource Two (MAR2)Zone, under the Township's Zoning By-law 97-95. 2001 15116 Sideroad East,Township of Oro-Medonte Features Lake S conservation Region LSRCA Watershed Boundary 13 coroservatlon au chanty LSPP Watershed Boundary — Regulation Boundary _ Regulation Nea - 0 Simcce Greenland - Assessment Parcel ,Y _ Lot and Concession a Road Labels Watercourse Lake Simcce r..•�fo. Roads a a.,i aid Railway 0 Lower Tier Municipality A� r P� . Pvncd(Jn. 1&2112021 t ,vaw.r+mom .ea.:.ee '' • r. Av x Y ! F Scale 1. 12A82 Motors 65J G 330 859 Page 183 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: �, Ipoat... conservation a t ority Page 3of4 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The proposal has demonstrated consistency with Section 3.1 of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. This proposal would not constitute the need for an LSRCA Permit. However, any future development or site alteration within a regulated area on the property will require a permit. Advisory Comments 3. The LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte, and the County of Simcoe in that we provide through an MOU as well as through our role as a public body, pursuant to the Planning Act. Natural Heritage The subject property contains portions of a Provincially Significant Wetland feature, as well as a watercourse which runs along the southern property line, both on and off of the subject property. Any future development of these lands may require futher study to address the impact of development on these natural features. This would be addressed through future planning act application, if required Summary Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application, on the following condition: • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2021 Fee Schedule). Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated. 2. Ontario Regulation 179/06 is not applicable to this consent application, therefore, an LSRCA Permit will not be required at this time. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (I.munnoch@lsrca.on.ca) referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Page 184 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: �, Ipoat... conservation a t ority Page 4of4 Sincerely, Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority cc. Andy Karaiskakis, Secretary-Treasurer,Township of Oro-Medonte Page 185 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Plan licat... OCTx i rzazl October 26, 2021 ORO-MEDONTE To: Township of Oro-Medonte Subject: Property severance application 2021-8-40 (Input) Owner: Rebecca, Doug and Lana Spence 200115/16 S.R.East. From: Torn and Theresa Molloy 183 15/16 S.R.East. I Thomas Molloy wish to express my opinion regarding the application 2021-8-40 to severe the property 201 15/16 Sd. Rd. E. I do not agree with the severance of the property if in the near future the zoning would be in jeopardy of changing from agricultural to residential opening the path to multiple houses being constructed and yet more farm land lost. The important query is why there isfan application to severe the property and what the future intentions are if indeed permission is granted. The neighbors I have spoken with are of the same opinion as my own they do not want the land separateO for the future purpose of selling off lots. This farm has been in this communi` for a very long time and I'm positive past owners would be appa led at this direction. Thank you. Sincerely yours, Thomas & TheresalMolloy 1835 15/16 Sd. Rd. East Oro-Medonte LOL 1T0 Page 186 of 340 6.f) 6.20 p.m. DS2021-166, Danielle Waters, PI yr. re: ConsentAp licat1T 7 � r �� qa Ct v� --zk -/AXCYP 0--t-4 -r4 Q �' '� j ,fit ec Ati jtj�j "M� 'U' "'v 1, a4 'j Cz'y�' CLLO cc'jnu'T' j It R J-0- 'T" -tJ =� cVItk OPP jo- 7,Ck J."V� "-t� C" 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... County of Simcoe Main Line (705)726-9300 couNTYOF Planning Department Toll Free (866)893-9300 SI ' `]�/�CO 10 Highway 26 L9X 1 N6 imcoe5) 727-4276 PLANNING M October 28, 2021 Dear Mr.Andy Karaiskakis VIA EMAIL Senior Planner Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO RE: Circulation -2001 15/16 Sideroad East, Consent Application, 2021-B-40 County File No. OM-B-21017 Town File No. 2021-B-40 Applicant: Rebecca, Doug and Lana Spence Subject Lands: 200115/16 Sideroad East,Township of Oro-Medonte Thank you for circulating the County of Simcoe regarding the above-noted application. County Planning staff understand that the applicant is proposing a farm severance to create a one (1) new lot from the subject lands. The newly created lot will be approximately 40.85 hectares (100.9 acres) and would have 627.8m frontage along 15/16 Sideroad East. The lot area of the retained lands will be approximately 40.95 hectares (101.9 acres). Upon review of the application, County Planning staff would like to offer the following comments. Provincial Policy Statement(2020) Section 2.3.4.1(a)of the Provincial Policy Statement(PPS 2020)states that Lot creation in prime agricultural areas is discouraged and may only be permitted for 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. County of Simcoe Official Plan The subject lands are designated "Agricultural" and "Greenlands" on Schedule 5.1 Land Use Designations to the County of Simcoe Official Plan and are mapped "Prime agricultural preps"in the Agricultural System agricultural land base map by OMAFRA. Further, the subject lands are partially regulated by the Lake Simcoe Region Conservation Authority(LSRCA). LSRCA 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 3.6.2, the objective of the Agricultural designation is 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. Page 1 of 2 Page 188 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... Further, County of Simcoe Official Plan policy 3.6.7 (a) states that in the Agricultural designation lot creation is discouraged and may only be permitted for 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. Proposed size of the new lots as per the application is approximately 40.85 hectares and 40.95 hectares, which complies with the County of Simcoe Official Plan policy 3.6.7(a). Based on our review and considering that the objectives of the County's Agricultural designation will not be compromised; the County Planning Department would have no objection to the application in principle as proposed. Summary Please circulate a copy of any future notices associated with this application to the attention of the County of Simcoe Planning Department via planning.notices @simcoe.ca. If you have any questions or require further information, please do not hesitate to contact the undersigned at 705-726-9300 Ext.1157 or ishon.maggo@simcoe.co Sincerely, The Corporation of the County of Simcoe Ishan Maggo Planner 11 cc: Dan Amadio, Manager of Planning—County of Simcoe Page 2 of 2 Page 189 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... November 3, 2021 Development Services Committee From: Ashley Kerr<ashley.kerr1982@gmail.com> 6f) Additional corresp received Sent: November 1, 2021 6:40 PM To: Planning<Planning@oro-medonte.ca> Subject:Application number 2021-13-40 To whom this may concern, Some of our concerns are 1) How many serverances can be done per address? 2) Once severed off can the new owners switch it over to residential? 3) What/if any effect will this have on the water supply? 4) So from looking at the picture on the back of the paper it shows that there is a small piece of property on Line 13 that looks like they are going to severe off. 5) Are they keeping the small piece of property below the natural creek on Line 12? 6) Are they looking to severe the property and have it rezoned to residential before selling? Thanks Concerned Neighbour 2143 15/16 Sideroad E Page 190 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... tw IGO U N Cn N O N O .V 7 cU cn 0 Q 0- � � a)� w � 70 06 O 06 - \` cu 4--+ U cO O 00 Cfl t }, \ U O = U tf U) LO � U -j U O ( '� O U o � Fua, . . � . . N 'L a--i L . . 0 a aE < aE 0 � '� — c._ O cu N ,� O O O � •� � J N LLI O W U Page 191 of 340 6J) 6.20 p.m. DS2021-166, Danielle Waters, Planner re: ConsentApplicat... -1_0 #�o N m a) 3 E CD a) O N (6 U ca •ca N m � E N L o a) co —cri . cn -0 r`0 co (0 � U) p a) �, ca _ X ca � m ca L O _ i J Q X . L i 0- O X W N (6 Q Q Q O Q N Q Q N � 0 ° � c O U �- = = ca � � O ti O a-0 _ (10 CN O cu p CD CD U U) � > E E ca O a) co 0o L O U 0 • LO Z3 0 -0 a) N � Oo tf l. T w -n CO CO O V }+ O to O _>+ >. a) O a) N Q (n a-O 70 C6 cL3 O E E � J O O X 0 a� L L U � �. 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File #: 4346-010-009-13800 27 Reference Plan 51 R6384 D10-60046 Part 2 (Oro) Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-162 be received and adopted. 2. That Consent Application 2021-13-41 by Shirley & Peter Shelswell, to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), a lot depth of approximately 65.5 metres (215.0 feet) and an area of approximately 0.4 hectares (1 .1 acres) to be added to the property located at 166 Lakeshore Road West, be approved subject to the conditions as outlined in Report DS2021-162. 3. The conditions are as follows: a) That the applicant apply for and obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte. b) That, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land dimensioned to the satisfaction of the Director, Operations and Community Services, that said parcel be deeded gratuitously to the Township for road purposes; that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that all costs associated with the dedication be born the Owner. c) That the severed lands with an area of approximately 0.4 hectares (1.1 acres) be merged in title with the abutting property to the south, described as Plan 967 Lots 76 and 77 (Oro), with a municipal address of 166 Lakeshore Road West, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once Development Services November 3, 2021 Report No. DS2021-162 Page 1 of 18 Page 204 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. d) That all municipal taxes be paid to the Township of Oro-Medonte. e) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. g) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. h) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands proposed to be severed, retained and merged are located on the west side of the Harbourwood Subdivision. The lands to be severed through Application 2021-13-41 , contain detached accessory buildings and are proposed to be merged with the abutting property to the south, 166 Lakeshore Road West, which is currently vacant. The retained lands also contain several detached accessory buildings. The applicants have requested this boundary adjustment so that they can sell the retained lands in the future, with the intent of maintaining the existing accessory buildings which are located on the lands to be severed and merged. Surrounding land uses predominantly consist of shoreline residential uses to the east and south and woodlands to the west and north of the subject lands (Refer to Schedules 1 and 2). The subject lands were previously the subject of Consent Application 2011-13-28, which enabled a lot addition/boundary adjustment from the subject lands being added to the adjacent lands at 168 Lakeshore Road West. Development Services November 3, 2021 Report No. DS2021-162 Page 2 of 18 Page 205 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... Purpose of Application 2021-13-41: The applicants are requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed Lands to be retained Total Merged lands from (4346-010-009-13800) (166 Lakeshore Road 4346-010-009-13800 West) Frontage: Approximately 0 m (0 Approximately 0 m (0 Approximately 62.8 m ft.) ft.) (205.9 ft.) Depth: Approximately 65.5 m Irregular Approximately 111 .3 m (215.0 ft.) (365.0 ft.) Area: Approximately 0.4 ha Approximately 24.7 ha Approximately 0.7 ha 1.1 ac. 61 .0 ac. 1.8 ac. Use: Storage Buildings Storage Buildings Storage Buildings No new lots are proposed as a result of the boundary adjustment/lot addition. The consent sketch is included as Schedule 3 to this report. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 1 .1.5 - Rural Lands and Section 2.1 — Natural Heritage are applicable to this application. The type and density of development on these lands has already been established and will not be changing as a result of the boundary adjustment. No new buildings or structures are proposed as part of this application; therefore, no adverse impacts are anticipated on the natural heritage features as a result of the boundary adjustment. Based on the above, Planning Staff is of the opinion that this boundary adjustment application is consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed boundary adjustment is consistent with the Rural Areas policies in the Growth Plan as the boundary adjustment does not represent "development" as defined by the Growth Plan. Section 4.2.2 Natural Heritage System has also been reviewed by Planning Staff with respect to the proposed boundary adjustment application. The Natural Heritage System policies regulate, restrict or prohibits development and site alteration in or adjacent to Development Services November 3, 2021 Report No. DS2021-162 Page 3 of 18 Page 206 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). Since the proposed boundary adjustment does not represent `development' as defined by the Growth Plan, these policies do not affect this application. Based on the above, Planning Staff are satisfied that the proposed boundary adjustment is considered to conform to the policies of the Growth Plan. Lake Simcoe Protection Plan (LSPP) Portions of the subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA) due to the presence of two watercourses (Lakeview Creek and Shelswell Creek) which both run through the property, a wetland and woodland. The LSRCA was circulated the subject application and provided comments dated October 22, 2021 (refer to Schedule 7). In their letter, the LSRCA indicated that a lot boundary adjustment, as described in this proposal, would not constitute development or site alteration and therefore an LSRCA Permit would not be required in support of this consent application. However, any future development may require further study to address the impact of development on the natural heritage features. Based on their review of the application, they determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County and local plans. On this basis, LSRCA has recommended approval of this application. County of Simcoe Official Plan The subject lands are designated `Greenlands' with a small portion of `Rural' on the portion of the lands to be severed and it extends into the benefitting lands, in accordance with the County of Simcoe Official Plan (refer to Schedule 6). Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.18). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 129). Planning Staff are satisfied that this boundary adjustment is minor in nature as it will not impact the character of the surrounding uses and the retained lands will be large enough to accommodate the current uses. 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. Development Services November 3, 2021 Report No. DS2021-162 Page 4 of 18 Page 207 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... Township of Oro-Medonte Official Plan The subject lands are designated `Rural' and `Environmental Protection Two' in "Schedule A — Land Use" of the Township's Official Plan. The Environmental Protection Two overlay designation applies to components of the natural heritage system that are not included within the Environmental Protection One designation and not within the Oro Moraine Planning Area. A large portion of the retained lands are designated Environmental Protection Two due to the presence of significant woodlands as illustrated on Schedule 5. The property also contains two watercourses and wetlands. The objectives of the Environmental Protection Two designation are: • To protect environmentally sensitive areas from incompatible activities and uses that would have a negative impact on significant natural features and functions; • To maintain and enhance the ecological integrity of the natural heritage system; and, • To protect from incompatible development significant woodland features and wildlife habitat areas and the ecological functions they provide. The Environmental Protection Two designation restricts development on and adjacent to natural heritage features; however, as indicated in preceding sections of this report, the proposed boundary adjustment does not represent development. The portion of the property to be severed and merged is designated `Rural'. The objectives of the Rural designation area are: • To preserve and promote the rural character of the Township and the maintenance of the open countryside. • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. The Rural section is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan." (p. 235). Planning Staff are satisfied that the proposed boundary adjustment is generally in keeping with the intent of the Rural policies stated in the Official Plan, and otherwise conform to the boundary adjustment policies contained in Section D.2.2.2 as no new building lot is proposed and the proposed boundary adjustment will not affect the viability of the current use. Development Services November 3, 2021 Report No. DS2021-162 Page 5 of 18 Page 208 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended, and the benefitting lands are currently zoned Shoreline Residential (SR) and Environmental Protection (EP) (refer to Schedule 4). Table B4-A of the Township's Zoning By-law requires a minimum of lot size of 2.0 hectares (4.9 acres) for agricultural uses and Table B4-B requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. The subject lands do not comply with the minimum lot frontage as the lot does not have frontage on a public road. At this time, Planning Staff do not have concerns with this deficiency as the non- complying lot frontage is existing and will not change as a result of the boundary adjustment. This deficiency will have to be addressed in the future should the owners wish to build on the retained lands. The proposed merged lands would comply with the minimum lot frontage requirement of 30 metres (98.4 feet) and the minimum lot area of 0.2 hectares (0.49 acres) in the Shoreline Residential (SR) Zone. Although the severed lands are zoned Agricultural/Rural (A//RU) and Environmental Protection (EP), the total merged lands will not be large enough to support any agricultural uses. An agricultural building, which would have been permitted on the original lot, is not permitted on lots under 2.0 hectares (4.94 acres) in size. Since the total merged lands will be approximately 0.7 hectares (1.8 acres), the buildings will be classified as accessory buildings. The maximum permitted size for an accessory building in the A/RU Zone is 100.0 square metres (1,076.4 square feet). Therefore, a Minor Variance will be required to recognize the existing oversized buildings. The Minor Variance application will also address the fact that the buildings are partially located in the Environmental Protection (EP) Zone and that they are located less than the required 30 metres (98.4 feet) setback from the top of bank of the watercourse. Planning Staff has included a Minor Variance application as a condition of consent approval. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Applications meet the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Development Services November 3, 2021 Report No. DS2021-162 Page 6 of 18 Page 209 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan (LSPP) Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff is of the opinion that the proposed development is consistent with the Strategic Plan, as it will not negatively impact the Township's natural features and attributes. 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 Infrastructure and Capital Projects — No comments. • Township Development Engineering — No objection. • Bell Canada — No comments or concerns. • Severn Sound Environmental Association (SSEA) —As the portion of the property, that is to be severed, is located outside of the Wellhead Protection Area, policies in the Approved South Georgian Bay Lake Simcoe Source Protection Plan do not apply. • Lake Simcoe Region Conservation Authority (LSRCA) — See the letter dated October 22, 2021 attached as Schedule 7 to this report. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Development Services November 3, 2021 Report No. DS2021-162 Page 7 of 18 Page 210 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Existing Zoning Schedule 5: Township Official Plan — Natural Features Schedule 6: County Official Plan — Land Use Schedule 7: Letter from the Lake Simcoe Region Conservation Authority dated October 22, 2021. Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2021-B-41 for the purposes of a boundary adjustment be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andria Leigh, Deputy Chief Administrative Officer/ Director Development Services October 27, 2021 Development Services November 3, 2021 Report No. DS2021-162 Page 8 of 18 Page 211 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re-... Schedule 1: Location Map Tl.""7 1 e�eabo ler'a5. 231 9lid.l �� M 1, O µL � V fJ �Oiidgs. Read Q 543 601 � 8 a N �6 woCO� � � o � Ww`; N � aDr• 3 a�4 43 46 47 ~ �� 48 cOventry 9 s N 60 r w cn `9 N w Nrn N o 52 64 O N Shelswell�Blv.d. N w N ;�'" 56 A rri Mp15 s4 N l ikesho a Rd.vJ• o, o ° w m 125 h0-{3 h66 iP 10TA J Lake " CIO �` Simcoe a mM L U Schedule 1 Location ®Subject Lands Proud Heritage,Excileng Future 300 M 0 File Number:2021-B-41 Q , Development Services November 3, 2021 Report No. DS2O21-162 Page 9 of 18 Page 212 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re-... Schedule 2: Aerial Photo 1I' -Naoa6ltoo Ad. YI eNalle Rd.. - .. MIFF" Cr��a�ar re5 ' A .No, rE1vYn C �� 40►e•St. G vell"y r 1 ��1sWe1►r8 Schedule 2 Aerial Photo --4 Township of Subject Lands Proud Heritage,Exciting Future o zoo m File Number:2021-B-41 N , 1 2 Development Services November 3, 2021 Report No. DS2021-162 Page 10 of 18 Page 213 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re-... Schedule 3: Proposed Boundary Adjustment l Tavasi IfiT2 rSIPPOP I' 4[jOk, + ''~8T'.W E a, N} Retained Lands fJ f ' , kRid V{ ER r T•ss., r NE Vx BFyE ICY Apu +bay• g�s{�� N4RBacw�pa rare . • � ar ti'SriGlp�d 3y+3riq•e �-.�, - Lands to be severed x and merged with 166 Lakeshore Road WestEM �rMsrR, V n WAMOF& "�!CNF A+a 34 ,. A 9} 'i l l II T� rr ) i sI '+ as a+ �f71 �fI p-1@[xC idnRh as •+rf ss ' xirnsaa� Benefitting lands 9EnrV%LY ~� 4.,r_, ew (166 Lakeshore -vFafira 5r�lrc- sQ ��vo Road West) Schedule 3 Proposed Boundary Adjustment --�� }}} 0 T�iYJ/�/6J��o�te File Number 2021-B-41 Proud Heritage,Excitia,Q Future Development Services November 3, 2021 Report No. DS2021-162 Page 11 of 18 Page 214 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re-... Schedule 4: Existing Zoning v'—"u. Ru 11 m o atone Ad. T AIRU 5 a �n v lie EP AIRU EP C e Rd.E E AIRU A(RU AIRU EP AIRU EP 1 1 1 EP AIRU R1 m RL �°?�ara Dr. �lvyn CreS• �1 Rl ER R1 B S-lt'• a/Ru os Ge°t� 1 entry V.. R1 R1 She►$we1�.B1vd. R1 LI AfRU pS SR IF1 SR SR(H) SR SR Lake[shore Rd W" os m' l SR � SR SR J S 5yIR Schedule 4 0 R1(Residential One) 0 SR(Shoreline Residential) Existing Zoning M LI(Local Industrial) 0 LC(Local Commercial) lbwnship of 0 A/RU(Agricultural/Rural) 1 Subject Lands Proud Heritage,Exciting Future ® EP(Environmental Protection) 0 OS(Open Space) � 0 , ' 300 M File Number:2021-B-41 Development Services November 3, 2021 Report No. DS2021-162 Page 12 of 18 Page 215 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re-... Schedule 5: Township Official Plan — Natural Features _V1a 1M1 -Moon itooe Ad. jD I� eshi eNaile Rd. I .}s�i4- Rya _ FiV N *L L = 0 oW'd-Ar HvYn Cr George Coventry SheYsWeil.BYvd. ~ N more Rdfw a cy J 4 v s�iT ry !3 � U Schedule 5 Township Official Plan - Natural Features Subject Lands ' A Environmental Protection 2 0.fof ^�� Significant Woodlands - Proud Heritage,Exciting Future 0 40C m File Number:2021-B-41 Development Services November 3, 2021 Report No. DS2021-162 Page 13 of 18 Page 216 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re-... Schedule 6: County Official Plan — Land Use Y1a�'u- �Maon itoo Ad. T I� hoeNale Rd. I 'Id9e Read _ m 3x NoN,a�a Dr Ge or`9e Coventry Ct. 1 Shelswe1191vd. vi �o[e Rd•w' r� 3 � U Schedule 6 County of Simcoe — Land Use C*Subject Lands Agricultural Greenlands Rural Proud Heritage,Exciliug Future 0 400 M File Number:2021-B-41 �V" I Development Services November 3, 2021 Report No. DS2021-162 Page 14 of 18 Page 217 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... Schedule 7: Letter from the Lake Simcoe Region Conservation Authority (LSRCA) dated October 22, 2021 Lake 5imcoe Region - conservation authority www.LSRC.A.tan.ca Sent via e-mail: planninWoro-medonte.ca October 22ntl,2021 Oro-Medonte File No: 2021-B-41 LSRCA File No_:CO-14821-101521 Andy Karaiskakis,5ecretary-Treasurer,Devel op m ent 5 ervices Township of Oro-Medonte 146 Line 7 South Oro-Medonte, Ontario LOL 2E0 Dear Mr. Karaiskakis: Re: Application for Consent Owners:Shirley and Peter Shelswell Concession 7 Part Lots 26&27 Reference Plan 5IR6384 Part 2(Oro) Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority{LSRCA)for review and comment_We understand that the purpose and effect of this consent is to sever and merge lands: forthe purpose of a boundary adjustment as noted below: Lands to be Severed Lands to be relaine6 Total Merged lands from (4Es-01B-069.13EA0) (165 LaJkeshoe Road 4346-010-009-13800 West Frontage: Approxlmately 0 rn (0 n.) I Approxima,leiy 0 m(0 Appronrnately 62.8 m fl.) (205A ft. Depitte ,Appraxlmstely 65.5 m Irregular Approximately 111.3 rrti 215.0 ft. 305,0 tt, Are$: Approxiimalely 0.4 ha I Approximately 24.7 ha Approximately 0.7 ha(1_S 1.1 ac_ 61.0 ao. sc. Use: Stara Buildi s 5tora a Buildincjs Stara a Buildings No new bats are proposed as a result of the boundary adjustment/lot addition_ Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: •' Notice of Public Hearing Package,dated Oct. 15i°',2021 Staff have reviewed this,application as perour delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS,2020)and as a regulatory authority under Ontario Regulation 179/06 of the {onservotion Aurtihori6es Act_ LSRCA has also provided comments per ou r M O U with the Cou my of Simcoe and Township or O ro-Medonte.The application has also been reviewed through our role as a public body under the P.Ionrping Act as per our CA Board approved 120 6ayvlew Parkway � T 905.895.1281 Nevimarket, Ontario l_3Y 3W3 F 905,853.5881 Member of Conservation Ontario TF i.8t1O.465.0437 Development Services November 3, 2021 Report No. DS2021-162 Page 15 of 18 Page 218 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... Lake SIition Regfon conservation authe- Page 2 of 4 policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Uean Water Act Recommendation Based on our review ofthesubmitted information in support of the application,it is determined thatthe proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans_ On this basis, we recommend approval of this application,on the following condition: ■ That the Owner shall pay all developmentfees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act.(Note:payment is currently outstanding for the LSRCA review of the minor variance application of$525-00 per the LSRCA 2021 Fee Schedule)- Site-Characteristics The subject property is partly regulated under Ontario Regulation 179/06, as per the Conservotaort Autho&es Act_This is due to the prescence of two watercourses (Lakeview Creek and Shelswells Creek) which both run through the property_Shelswells Creek is located in the northeastern portion of the property, where Lakeview Creek runs along the southwestern portion of the property, which will be the area where this lot boundary adjustment will occur. Regulated components include both thefloadplain hazard area and meander beltarea of each watercourse. There are also identified wetlands over the subject property, and do not appear within the area of the desired lot boundary adjustment. The property is designated as Rural by the County of Simcoe Official Plan, and is designated as Rural, and Environmental Protection Two by the Township of Ciro-Medonte Official Plan. 166 Lakeshore Road West (ben efittinglands), is designated as Shoreline under the Township Cifflical Plan.The subject Property iszoned as Agriculture/Rural (A/RU) Zone, and Environmental Protection (EP)Zone. 166 Lakeshore Road West is zoned as Shoreline Residential(SR)Zone,and Environmental Protection (EP)Zane,under tIe Township Zoning By-law 47-- 95_ Development Services November 3, 2021 Report No. DS2021-162 Page 16 of 18 Page 219 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... Lake Siniam Reygian conservation authority Page 3 of 4 /�► I"i-a r,,-5horC Rd Nest.S 166 takeaoorc Rn Writ.Town Shag► rodiuM J—k�s,,.ce a xon ofioro-medonfM _ - - R�yuawenear*asr -- t w�rw�.n►�. rr..�.Y.r.,.a. E Y I Lga a+e[s aarra ROW LANM — NbY,00uss Lift SaatrO� s�� `� '�'�• w��r wwr i _ �'y 1tiFr I.�k�shnre Rr� West 1 1_ 1�f� S} Jy, 'r+k,•.� 4n+r+ M�ur !r t�• ;' �� iwrrtwr. aaAMs ]]p p ais no Delegated Responsibility Responsibillity and StatutoLy 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 {202%The proposal has demonstrated consistency with Section 3.1 of the PPS. 2_ LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under ontaria 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. A lot boundary adjustment, as described in this proposal, would not constitute development or site alteration and therefore an LSRCA Permit would not be required in support of this consent application_ Development Services November 3, 2021 Report No. DS2021-162 Page 17 of 18 Page 220 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re-... Lake Simeue Region Page 4+_f= Please note that any future development or site alteration will require permit from the LSRCA, as the majority of 166 Lakeshore Rd. West, as well as the area to be severed and merged from the subject property contain bath floodplain hazard and meander belt areas. Advisory Comments 3- The LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Ciro-Medonte, and the County of Simcoe in that we provide through an MOU as well as through our role as a public body,pursuant to the Pear ning Act. Natural Heritaee 166 Lakeshore Rd-West,and the area to be severed and merged from the subject property,contain both mapped woodlands and part of the watercourse (Lakeview Creek)- Any future development of these lands may require futher study to address the impact of development on these natural features- This would be addressed through future planning act application,if required- 5ummary Based on ourreviewofthesubmittedinformationinsupportofthe application,it is determined thatthe proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans- On this basis, we recommend approval of this application,on the fallowing condition_ • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act.(Note:payment is currently outstanding for the LSRCA review of the m in o r varia nce application of$525.00 pee the LSRCA 2021 Fee Schedule)_ Given the above comments,it is the opinion of the LSRCA that: 1- Consistency with Section 3.1 of the PPS has been demonstrated- 2- Ontario Regulation 179/06 is not applicable to this consent application,therefore,an LSRCA Permit will not be required at this time- Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (1-munnoch@lsrca-on-ca)referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority c.c-Andy Karaiskakis,Secretary-Treasurer,Oro-Medonte Development Services November 3, 2021 Report No. DS2021-162 Page 18 of 18 Page 221 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... From: Saunders, David Sent: October 15, 20214:07 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-B-41) Shelswell Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 222 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... From: Metras,Justin Sent: October 18, 2021 1:38 PM To: Dedora,Abbey<adedora@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-B-41) Shelswell Abbey Operations has no comments on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 223 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: October 19, 2021 11:55 AM To: Planning<Planning@oro-medonte.ca> Subject: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021- B-41) Shelswell Bell File: 705-21-798 Good morning, Bell Canada has no comments or concerns regarding this Consent 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 224 of 340 6. �Z RK-r�lB�$WE h�rin�„ �jll ,,gg `�IcCarroll,; ediate Planner re:... ©URGE POTECTIOP� Tnu�rrsldP 4f 1 �.� (9f ACT FOR CLEAN WATER °"natalf� t>otdx•ir •,�..rrirr`rrr r� South Georgian Bay Lake G—op Source Protection Region �` October 21, 2021 Abbey Dedora, Development Services Assistant The Corporation of the Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear MS. Dedora, RE: Consent Application (2021-113-41) Shelswell Concession 7 Part Lots 26 and 27 Reference Plan 51 R6384 Part 2 (Oro) Township of Oro-Medonte, County of Simcoe Risk management staff of the Severn Sound Environmental Association (SSEA) has reviewed the following file pertaining to Consent Application 2021-B-41: • Consent Application— Notice of Public Hearing, prepared by Township of Oro-Medonte staff and dated October 15, 2021 (file name: Notice of Public Hearing (2021-8-41) Shelswell.pdf) The following comments relevant to drinking water source protection are offered and are applicable to the application as it is presented in the above mentioned files. The below comments may become null and void if changes to the application are made. It is the SSEAs understanding that the Consent Application is to sever and merge lands for the purpose of a boundary adjustment as noted in the above mentioned notice. The property is partially located within the Wellhead Protection Areas B, C and D (Figure 1) of the Harbourwood municipal drinking water system with vulnerabilities scores of 6, 4, and 2 respectively. As the portion of the property, that is to be severed, is located outside of the Wellhead Protection Area, policies in the Approved South Georgian Bay Lake Simcoe Source Protection Plan (approved: January 26, 2015; amended: June 16, 2021 ; effective: July 1 , 2015) do not apply. Furthermore, neither Section 57 (Prohibition) nor Section 58 (Risk Management Plan) of the Clean Water Act, 2006 apply to this application, and as such, no additional notices, letters, or requirements from the Township of Oro-Medonte Risk Management Official are required as the application is currently presented. 489 Finlayson St ♦ PO Box 460 ♦ Port McNicoll ON LOK 1RO ♦ Tel: 705-534-7283 ♦ Fax: 705-534-7459 www.severnsound.ca Page 225 of 340 6�. Z �l�119J8�► 1�� 2, hrin IcCarroll,; ediate Planner re:... OURCE PROTECTION ��^�^ ' o Tptpnship of 2 ACT FOR CLEAN WATER "h'rrtaYf�` lknaHFr'ra�,E:trtr Fttrnre Somn Georgian pay Lake samcce Saurnc Pratenuon Region ' 8 3 shelswell - Township of Oro-Medonte Legend Zone Name f WHPA-A WHPA-6 WHPA-CfC1 WHPA-� WHPA-E WHPA-Q1 o WHPA-Q2 IPZ_Type C, IPZ-1 IPZ-2 Vulnerability Score � to 8 6 4 u„tp'So4 Produced by the Sevem Sound Environmental Association with data supplied in part from the Figura:2 h Qoanry of si neoa m Oster.M t+r 1 Natural rs and F fry[9 Q e Prin er a i0 Meters Road Network 2021)end under I with rnembe f the ant - Ge paria9 Data E h ® 2021. 2012 Creation fete: 3 orthmphotae®Go ty f Sir—2021 .while a ry fi d has b made to— taffy depict 2021-10-21 ®Assessment Parcels +u,ry the base data.errors may exist.Any parry relying on this information does sa at their own risk. UTM Zone 17 N,NAD 83 If you have any questions, please contact the undersigned. Yours truly, Melissa Carruthers, Risk Management Official / Inspector for the Township of Oro-Medonte Severn Sound Environmental Association mcarruthers(usevernsound.ca CC: Andy Karaiskakis, Senior Planner, Township of Oro-Medonte Julie Cayley, Executive Director, SSEA 489 Finlayson St ♦ PO Box 460 ♦ Port McNicoll ON LOK 1RO ♦ Tel: 705-534-7283 ♦ Fax: 705-534-7459 www.severnsound.ca Page 226 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... Lake Simcoe Region conservation authority www.LSRCA.on.ca Sent via e-mail: planning@oro-medonte.ca October 22nd, 2021 Oro-Medonte File No: 2021-B-41 LSRCA File No.: CO-14821-101521 Andy Karaiskakis,Secretary-Treasurer, Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte,Ontario LOL 2EO Dear Mr. Karaiskakis: Re: Application for Consent Owners: Shirley and Peter Shelswell Concession 7 Part Lots 26&27 Reference Plan 51R6384 Part 2(Oro) Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose and effect of this consent is to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed Lands to be retained Total Merged lands from (4346-010-009-13600) (166 Lakeshore Road 4346-010-009-13800 West rrontage: Approximately 0 m (0 ft.) Approximately 0 m (0 Approximately 62.8 m ft.) (205.9 ft. Depth: Approximately 65.5 m Irregular Approximately 111.3 m 215.0 ft. 365.0 ft. Area: Approximately 0.4 ha Approximately 24.7 ha Approximately 0.7 ha (1.8 1.1 ac. 61.0 ac. ac. Use: Storage Buildings Storage Buildings -Storage Buildings No new lots are proposed as a result of the boundary adjustment/lot addition. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing Package, dated Oct. 15th1 2021 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments per our MOU with the County of Simcoe and Township or Oro-Medonte.The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 227 olF340.800.465.0437 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermedkkt5iFRIafII"r0Pe:... conservation authority Page 2of4 policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application, on the following condition: • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2021 Fee Schedule). Site Characteristics The subject property is partly regulated under Ontario Regulation 179/06, as per the Conservation Authorities Act. This is due to the prescence of two watercourses (Lakeview Creek and Shelswells Creek) which both run through the property. Shelswells Creek is located in the northeastern portion of the property, where Lakeview Creek runs along the southwestern portion of the property, which will be the area where this lot boundary adjustment will occur. Regulated components include both the floodplain hazard area and meander belt area of each watercourse. There are also identified wetlands over the subject property, and do not appear within the area of the desired lot boundary adjustment. The property is designated as Rural by the County of Simcoe Official Plan, and is designated as Rural, and Environmental Protection Two by the Township of Oro-Medonte Official Plan. 166 Lakeshore Road West (benefitting lands), is designated as Shoreline under the Township Offiical Plan. The subject Property is zoned as Agriculture/Rural (A/RU) Zone, and Environmental Protection (EP) Zone. 166 Lakeshore Road West is zoned as Shoreline Residential (SR) Zone, and Environmental Protection (EP) Zone, under the Township Zoning By-law 97- 95. Page 228 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermedkkt5iFRIifIl"f0Pe:... conservation authority Page 3of4 Lakencce R 168 Lakeshore Rd.West, i& 166 Lakeshore Rd.West,Township Features r aegion - conservation au of Oro-MEdnntB © LSRCA Watershed Boundary 0 LSPP Watershed Boundary — ReguWa©n Boundary ReNt000n Area _ Assessrnern Parcei Subject Property Let andconcesslon Road Labels — WaEercourse Y Y Lake Simcoe Roads � t -- � Radwoy p Lower Tier k4 nicIWGLY c 166 Lakeshore Rd.West o • � t Lukr Si�utur 10r21r2021 foetr r /Xi a'Y9 lints iMwI1T.2w1 rry..ew...e-m. �-.' WR iN Y4 d h•olf�Ml Nal.wrr.�,L�liwl r' � �. mW.P>@�1MGwrSlYpw�s•Iwl• ! (:wh o-r.w•a.•MrIl00i.1tl180n-IDs o F•w Sr-aio 1, 6.491 Motors 33C. n 165 330 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (2020). The proposal has demonstrated consistency with Section 3.1 of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. A lot boundary adjustment, as described in this proposal, would not constitute development or site alteration and therefore an LSRCA Permit would not be required in support of this consent application. Page 229 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermedkkt5iFRIafII"r0Pe:... conservation authority Page 4of4 Please note that any future development or site alteration will require permit from the LSRCA, as the majority of 166 Lakeshore Rd. West, as well as the area to be severed and merged from the subject property contain both floodplain hazard and meander belt areas. Advisory Comments 3. The LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte, and the County of Simcoe in that we provide through an MOU as well as through our role as a public body, pursuant to the Planning Act. Natural Heritage 166 Lakeshore Rd. West, and the area to be severed and merged from the subject property,contain both mapped woodlands and part of the watercourse (Lakeview Creek). Any future development of these lands may require futher study to address the impact of development on these natural features. This would be addressed through future planning act application, if required. Summary Based on our review of the submitted information in support of the application,it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County, and local plans. On this basis, we recommend approval of this application, on the following condition: • That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of$525.00 per the LSRCA 2021 Fee Schedule). Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated. 2. Ontario Regulation 179/06 is not applicable to this consent application, therefore, an LSRCA Permit will not be required at this time. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (I.munnoch@lsrca.on.ca) referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority c.c. Andy Karaiskakis, Secretary-Treasurer, Oro-Medonte Page 230 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... UA IZ- W O N N c0 O N ca 0 +� U c� o D a U J oo E cn CL C4 _ U Q w Q ti LOCU O W O c6 U 06 a U ca cu U U O O c: c: _ O c/) .� 4-0 a) a a' � ca 0 . . a) — q Q E a O .0 c: U V N OaO � r. �O 0 O E i O J cam Nw 00 U Page 231 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... O 00 T � fo' � p 0O �? c6 x (a to N U �j O co x N co _0O CD O 0 O Q �n i Q vJ ; r . O � o � � +� cu }' O cu N O Q) ^ : m N O O � Oi (6 � � � O � U o o E cy) N cn o x x cu -0 (4 ° 0 0 O c: J `Y' OL C.C. U) Q Q cu :3 E U_ 0- cn 171 00 0 CD corn U — ♦"� - E O >' N O a) (6 .V O 0 04_0 � ui m _ �_ (n Q O O x N x cu Q C6_0 x O 0 O O ca M tf� cn U 0 J d- Q Q Q . . y O ca M OL ca ai o aD a Li 0 Q Page 232 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... a `o IZ- co w z � .�... -.--ep m � N 1 0 N O Cu U CL Q_ Q (D U) O U 0 0 M a L Q Page 233 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... 4101 q � f1I o Elm r7 z 3 °+ oc W. yam— ar 0 y �N Q Q � N �`S IOUn N O Q L N �- O Cu U CL Q_ Q (D U) O -� .. o Fu .2 0 �, Q E a o E 21 U E U ¢ 7 Q ■� .Q � V � .JY. � v � Lj � � ❑❑� ❑ ❑®� Page 234 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... 4101 3 !Sm 9�y W o b + • Etm ct• � f" W = T 5 7 C7 W t m } r n 'S:9 aug �c M� W 'is Pjo)fnej� �h t NL4 �S7n4Jryaw O N O Cu U CL Q_ Q (D a U) _ . . .� CN O0 �..� O o C3 a L,L •— c� ai J � � U 2 w co H Z IMP Page 235 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re:... 4' k � � W 3 01 = 0 _ 4 .c •a v � z ro �^ W VJ � s Z— i U/ _ 7 0 � IGO f� ui�—zi •g g aui� a� N - - O N O Cu U � Q_ ca Q •— t� c O (D U) o c: 0 O E U cn O CD (D 0 � ' C� J Page 236 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re-... 4101 'f w , �� 1 ,x1x ° V�4 W c L N IGO 2 Sti i ^ � G.F•xl�: x x Q N N `\ by PoPo•i� x �x�'x �'� ."-.N� N O N c O Cu U CL Q_ Q N U a O -' U U) n M M a Page 237 of 340 6.g) 6.30 p.m. DS2021-162, Catherine McCarroll, Intermediate Planner re-... 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Report ovbwnship of t_� Proud Heritage, Exciting Future Report No. To: Prepared by: DS2021-169 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # November 3, 2021 Consent 2021-B-42 Pat & Linda Luck Roll #: 865 Ridge Road East R.M.S. File #: 4346-010-010-00101 D10-60047 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-169 be received and adopted. 2. That Consent Application 2021-13-42 by Pat & Linda Luck for the creation of a new agricultural lot (hobby farm) be deferred pending receipt of comments from the County of Simcoe and to allow the applicants to address the comments received from the Lake Simcoe Region Conservation Authority. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The purpose of Consent Application 2021-13-42 is to sever a new lot for the purposes of a hobby farm. The details of the proposed consent (severance) are: Lands to be Severed: Lands to be Retained: Frontage: Approximately 250 m (820 ft.) Approx. 292 m (958 ft.) combined Depth: Approximately 61 m (200 ft.) Irregular Area: Approximately 1.525 ha 3.77 ac.L Approximately 6.27 ha 15.5 ac. Use: Proposed Residential & Existing Residential & Commercial Hobby Farm The subject lands are located on the south side of Ridge Road East (County Road 20), east of Line 9 South. The subject lands support a single detached dwelling, an accessory building, and a towing business that occupies a building with associated parking and outdoor storage. Surrounding land uses consist of agricultural uses north of Ridge Road and rural non-farm residential uses separated by relatively large forested areas south of Ridge Road. Refer to Schedule 1 (Location Map) and Schedule 2 (Aerial Photo). The applicant's consent sketch is included as Schedule 3. Development Services November 3, 2021 Report No. DS2021-169 Page 1 of 17 Page 245 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... Analysis: Provincial Policy Statement (2020) 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. In rural areas, the PPS does not restrict lot creation for agricultural purposes and permits limited residential development and other rural land uses. Section 1 .1.5 Rural Lands In Municipalities contains policies for rural lands in municipalities on where to direct development. Policy 1.1.5.4 states "development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted." The surrounding land uses consist of large agriculturally related and rural residential land uses. Therefore, the proposed hobby farm would be in keeping with the rural landscape of the area. Section 2.1 Natural Heritage contains policies concerning the long-term prosperity and protection of natural heritage features. The PPS prohibits development and site alteration on lands adjacent to Significant Woodlands unless the ecological function of the adjacent lands has been evaluated and has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions (Section 2.1.8). The Lake Simcoe Region Conservation Authority has identified that the proposed lot would be within a Significant Woodland, and the LSRCA has advised (refer to Schedule 4 to this report) that there is currently insufficient information to determine whether the application is consistent with the applicable Sections 2.1 and 3.1 of the PPS. In order to support the creation of a lot in a Significant Woodland, the development must be supported by an Environmental Impact Study, undertaken by a qualified professional retained by the applicant. As no EIS has been prepared at this time, the LSRCA has recommended that the application be deferred until such time that an EIS (to be scoped with the assistance of LSRCA Staff) can be completed, to identify the impacts of the proposed development on the Significant Woodland. Growth Plan for the Greater Golden Horseshoe (2020) The 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 as it provides provisions that allow for development to occur outside of settlement areas in site specific locations with approved designations. The proposed use for an agricultural use (hobby farm) as the main use on the proposed severed lot would be in accordance with the "Rural' policies of the Official Plan pursuant to Section B1 .10.2.4 (a). The subject Consent Application has been reviewed by Planning staff with respect to the Growth Plan policies. Section 2.2.9.3 of these policies state that "development outside of settlement areas may be permitted in rural lands for: Development Services November 3, 2021 Report No. DS2021-169 Page 2 of 17 Page 246 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... 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." The Growth Plan policies, however, do not prohibit severances in agricultural and rural areas where such severances are consistent with the Provincial Policy Statement. The subject lands are not identified as being within the Province of Ontario's Agricultural System mapping and therefore these applications are not subject to Section 4.2.6 Agricultural System. Section 4.2.2 Natural Heritage System has also been reviewed by Planning staff with respect to the proposed Consent application. The Natural Heritage System policies of the Growth Plan regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. Significant Woodlands, Wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). 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, the LSRCA has identified the existing woodland on the subject lands and surrounding area as significant. Section 4.2.3 of the Growth Plan does not permit development or site alteration in key natural heritage features, including Significant Woodlands. Unless the applicant is able to demonstrate through an EIS that the woodland is not significant, the application would not conform to the Growth Plan. As no EIS has been provided at this time, it is recommended that the application be deferred at this time to afford the applicant the opportunity to consider whether to retain a qualified professional to undertake an EIS as required by the LSRCA. County of Simcoe Official Plan The subject lands are mostly designated Greenlands, with a small westernmost portion designated Rural, in accordance with the County of Simcoe Official Plan. The proposed lot to be created is located entirely within the Greenlands designation. The County OP does not have direct policies that relate to the creation of a lot for hobby farm purposes. Section 3.7.8 of the Rural policies states "Limited residential development may be created by consent provided the following are satisfied: Development Services November 3, 2021 Report No. DS2021-169 Page 3 of 17 Page 247 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... a) Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. Consent lots should be developed to an approximate maximum size of one hectare, except where larger sizes may be suitable because of environmental constraints or design considerations; and, b) The number of lots on the grid road system shall be restricted in order to maintain the rural character and road function and to avoid strip development". Section 3.8.15 of the Greenlands policies states "Outside of settlement areas, and subject to Section 3.3.15 (other than for 3.8.15 vi. which is subject to policy 4.4.1), the following uses may be permitted in the `Greenlands' designation or on adjacent lands as described in Section 3.3.15: i. Agricultural uses; ii. Agriculture-related uses; iii. On-farm diversified uses; iv. Forestry on public lands or in County forests in accordance with an approved management plan and sustainable forest practices; V. Forestry on private lands as permitted by the County's Forest Conservation Bylaw or by a local municipality's tree bylaw under the Municipal Act, 2001 ; vi. Mineral aggregate operations, if approved through a local Official Plan amendment; vi i. Outdoor passive recreational uses; and, viii. Subject to demonstrating that the lands are not within a prime agricultural area, residential dwelling units on lots which were approved prior to the approval date of this policy (May 9, 2016)." Section 3.3.15 Natural Heritage of the County's OP states "...development and site alteration shall not be permitted: i. In significant wetlands and significant coastal wetlands. ii. In the following unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions: significant woodlands, significant valleylands, significant wildlife habitat, significant areas of natural and scientific interest (ANSIs) and coastal wetlands. iii. In the following regional and local features, where a local official plan has identified such features, unless it has been demonstrated that there will be no negative impacts on the natural heritage features or their ecological functions: wetlands 2.0 hectares or larger in area determined to be locally significant by an approved Environmental Impact Statement (EIS) including but not limited to evaluated wetlands, and Regional areas of natural and scientific interest (ANSIs). iv. In fish habitat except in accordance with provincial and federal requirements. V. In habitat of endangered species and threatened species, except in accordance with provincial and federal requirements. vi. On adjacent lands to the natural heritage features and areas listed above, unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Adjacent lands shall generally be considered to be: Development Services November 3, 2021 Report No. DS2021-169 Page 4 of 17 Page 248 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... a. Within 120 metres of habitat of endangered species and threatened species, significant wetlands, significant coastal wetlands, wetlands 2.0 hectares or larger determined to be locally significant by an approved EIS, significant woodlands, significant wildlife habitat, significant areas of natural and scientific interest — life science, significant valleylands and fish habitat; b. Within 50 metres of significant areas of natural and scientific interest — earth science; c. A reduced adjacent lands from the above may be considered based on the nature of intervening land uses. The extent of the reduced area will be determined by the approval authority in consultation with the applicant prior to the submission of a development application, and supported by an EIS, demonstrating there will be no negative impacts beyond the proposed reduced adjacent lands area." Since the subject lands front on a County Road 20, Section 4.8.36 of the County Official Plan is applicable to this application and states: "Notwithstanding Plan policies and bylaws permitting development of uses or the creation of lots, access to a proposed subdivision or development shall be from an existing or proposed local municipal road, and not from a County Road or Provincial Highway, where feasible and where compatible with other Plan policies." The County has been circulated the subject application, however the County's comments have not been received as of the preparation of this report. Based on the above, it is Planning Staff's opinion that in the absence of an EIS, conformity with the County's Greenland policies cannot be determined at this time and comments from the County are required with respect to access for the proposed lot. Therefore, the application cannot be considered to conform to the County of Simcoe Official Plan at this time. Township of Oro-Medonte Official Plan The subject property is designated "Rural" in accordance with Schedule "A— Land Use" of the Township's Official Plan (refer to Schedule 6). The subject lands also partially contain `Significant Woodlands' and an `Environmental Protection 2' overlay designation in accordance with Schedule "B — Natural Features" of the Township's Official Plan. Section B3.4 of the Official Plan requires the completion of an EIS only in circumstances where the development requires an amendment to the Official Plan or the Zoning By- law. Although no Official Plan or Zoning By-law Amendments are proposed by this application, the Township's Official Plan does not negate the requirement for an EIS pursuant to the PPS and the Growth Plan. Section C2.2 of the Township's Official Plan outlines the permitted uses within the "Rural" designation, which include agriculture and single detached dwellings. Development Services November 3, 2021 Report No. DS2021-169 Page 5 of 17 Page 249 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... Section C2.3.1 significantly restricts residential severances and this application would not qualify as a residential severance under this policy. However, the Township's Official Plan does not prohibit agricultural severances in the "Rural" designation and planning staff is of the opinion that hobby farm severances can be considered as agricultural severances, provided that the parcel size meets the Township's minimum lot size for a hobby farm as set out in the Township's Zoning By-law. Section C2.2 of the Official Plan does not have direct policies that relate to the creation of a lot for agricultural purposes, and therefore the policies found in Section D2.2.1 (New lots by Consent) would apply and are asses below. a) Fronts on and will be directly accessed by a public road that is maintained year round basis,- Conforms- The proposed severed and retained lands would have frontage on Ridge Road (County Road 20) which is a public roadway maintained year-round by the County of Simcoe. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conformity cannot be determined at this time: The proposed severed lands would have frontage on Ridge Road (County Road 20) and until such time as comments from the County of Simcoe are received, it is unknown if the County supports the request. c) Will not cause a traffic hazard; Conformity cannot be determined at this time: The proposed severed lands would have frontage on Ridge Road (County Road 20) and until such time as comments from the County of Simcoe are received, it is unknown if the proposed lot would cause a traffic hazard. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Conforms- The application proposes to create an agricultural lot for a future hobby farm and residential use on lands zone Agricultural/Rural (A/RU). The lands proposed to be retained contain a single detached dwelling and an accessory building with an area zoned A/RU and also contain a towing business, including a building, within a portion of the lands zoned A/RU*213, which permits a "motor vehicle storage yard". The uses and dimensions of both the severed and retained lands would comply with Zoning Bylaw 97- 95, as amended. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: The existing dwelling on the retained lands is currently being serviced by private individual on-site services (well and septic system). The proposed severed lands Development Services November 3, 2021 Report No. DS2021-169 Page 6 of 17 Page 250 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re- appear to be of adequate size to accommodate a well and septic system. The applicant would be required at the time of submission of building permit to meet all requirements for septic system installation and private water supply for the severed lands. 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, as evidenced by the comments by the Township's Manager of Development Engineering advising of no objection. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- The retained lands are designated Rural and Environmental Protection 2, and are thus not designated for significant levels of new development beyond the level of their current use. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conformity cannot be determined at this time: The lands subject to the severance are part of a Significant Woodland. Provincial and County policies prohibit development and site alteration in Significant Woodlands unless it has been demonstrated that there will be no negative impacts on the woodland or its ecological functions. Based on comments provided by the Lake Simcoe Region Conservation Authority (refer to Schedule 4 to this report) there is currently insufficient information to determine consistency with Provincial policies. In order to support the creation of the lot, the application would need to be supported by an Environmental Impact Study, undertaken by a qualified professional retained by the applicant, demonstrating that the development is not within and will not negatively impact a Significant Woodland. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- The proposed development not represent a significant threat to groundwater resources and is not located within a Wellhead Protection Area. 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 is in effect on the date of the decision. Planning Staff has reviewed both applications against the PPS and the Growth Plan. Development Services November 3, 2021 Report No. DS2021-169 Page 7 of 17 Page 251 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... Section 51 (24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). These criteria include considering the effect of development of the proposed subdivision on matters of provincial interest, which includes the protection of ecological systems, including natural areas, features and functions. The information available at this time is not able to demonstrate that the application has had adequate regard for Section 51(24) of the Planning Act. 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 • 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: The Township's following Strategic Goal is relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. It is Planning staff's opinion the application is not consistent with the Strategic Plan at this time. Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering: No objection. • Bell Canada: No comments or concerns. Development Services November 3, 2021 Report No. DS2021-169 Page 8 of 17 Page 252 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... • Lake Simcoe Region Conservation Authority: the proposal is not inconsistent and not in conformity with the applicable Sections 2.1 and 3.1 of the PPS. The creation of a new lot by way of severance (consent) is considered as development by the PPS. Therefore, as development is currently proposed within a Key Natural Heritage Feature (Significant Woodlands), the LSRCA cannot support approval of this application. On this basis, it is recommended that the application be deferred until such time that a scoped Environmental Impact Study (to be scoped with the assistance of LSRCA Staff) can be completed, to identify the impacts of development on this feature. (Refer to Schedule 4 for full LSRCA comments dated October 22, 2021.) Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Severance Sketch Schedule 4: LSRCA comments dated October 22, 2021 Conclusion: Planning Staff recommends that Consent Application 2021-B-42 be deferred pending receipt of comments from the County of Simcoe and to allow the applicant to address the comments received from the Lake Simcoe Region Conservation Authority. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Deputy Chief Administrative Officer/ Director Development Services October 27, 2021 Development Services November 3, 2021 Report No. DS2021-169 Page 9 of 17 Page 253 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map t- 2/D 0 W+I ti Development Services November 3, 2021 Report No. DS2021-169 Page 10 of 17 Page 254 of 340 � V i4 R f 14 •n i 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicant's Consent Sketch ` 7 I i RETAINED 4 s, Development Services November 3, 2021 Report No. DS2021-169 Page 12 of 17 Page 256 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... Schedule 4: LSRCA Comments Development Services November 3, 2021 Report No. DS2021-169 Page 13 of 17 Page 257 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Region conservation authority www.LSRCA.on.ca Sent via e-mail:plan ning@oro-medonte.ca October 22"d,2021 Oro-Medonte File No: 2021-B-42 LSRCA File No.:CO-140380-102021 Township of Ora-Medonte 148 Line 7 South Oro-Medonte,ON LOL 2EO Attn:Secretary-Treasurer,Development Services Dear Mr. Karakaiskis: Re: Application for Consent Owners:Pat&Linda Luck 865 Ridge Road East,Oro-Medonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment.We understand that the purpose of this consent application is to sever a new lot for the purposes of a hobby farm.The details of the proposed severance are: Lands to be Severed: Lands to be Retained: Frontage: Approximately 250 rn 820 ft. Approx.292 m 958 ft. combined Depth: Approximately 61 m 200 ft. Irregular Area: Approximately 1.525 ha 3.77 ac. Approximately 6.27 ha 15.5 ac. Use: Proposed Residential & Existing Residential&Commercial Hobby Farm Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Consent Application Notice of Public Hearing,dated Oct. 18t' 2021 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS,2020)and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments per our MOU with the Township of Oro-Medonte.The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario UY 3W3 F 905.853.5881 Member of Conservation Ontario TF 1.800.465.0437 Development Services November 3, 2021 Report No. DS2021-169 Page 14 of 17 Page 258 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Region conservation authority Page 2 of 4 Recommendation Based on our review of the submitted information in support of the application,it is determined that the proposal Is not inconsistent and not in conformity with the applicable Sections 2.1 and 3.1 of the PPS. The creation of a new lot by way of severance (consent) is considered as development by the PPS. Therefore, as development is currently proposed within a Key (natural Heritage Feature (Significant Woodlands), the LSRCA cannot support approval of this application. On this basis, it is recommended that the application be deferred until such time that a scoped Environmental Impact Study (to be scoped with the assistance of LSRCA Staff) can be completed, to identify the impacts of development on this feature. Site Characteristics The subject property is partly within an area regulated by the Conservation Authority, as per Ontario Regulation 179/06 of the Conservation Authorities Act.This is due to the watercourse(Allingham Creek)which runs through the subject property, and its associated floodplain hazard area and meander belt area. The subject property is designated as Greenlands by the County of Simcoe Official Plan,and is designated as Rural by the Township of Oro-Medonte Official Plan.The subject property appears zoned, by Township Zoning By-law 97-95 as Agricultural/Rural Zone (A/RU)Zone,Agricultural/Rural Zone Exception (A/RU-213),and Environmental Protection (EP)Zone. Lake Simcoe Re ion 865 Ridge Road East,Oro-Medonte Features NL1 g V cwse,aITtltl aUShtl'TV ❑ L5RCA WalershW Scundwy 13 LSPP Wafers R—da y Req,la—Hoan ry Requl 4.AT- A.P.—I _ L.a C Road Laba — Watercwrae Subject Property y L�k 5— Ro Ra11Nay LOVIer Tler McnCiPairy V 1 C`� S ,a f) x®e.q.. oM..wa.e.w Sok 1 6.491 NW M 330 0 ies $30 Development Services November 3, 2021 Report No. DS2021-169 Page 15 of 17 Page 259 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Region conservation authority Page 3 of 4 Delegated Responsibility and Statutory Comments: 1. LSRCA has review this application through our delegated responsibility from the Province to represent provincial interests regarding natural heritage features identified in Section 2.1 of the Provincial Policy Statement(2020).The proposal reflects new development within Significant Woodlands,which require further study to determine the impacts of the proposed development,as well as any necessary mitigation measures.The proposal is not constent with,or in conformity with Section 2.1 of the PPS. 2. 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 reflects development,through the creation of a new lot,which will front onto Ridge Road East. It appears that this area will maintain frontage and access in the floodplain hazard area. It is not believed that this proposal is inconsistent with Section 3.1 of the PPS. 3. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06.This regulation, made under Section 2.8 of the Conservation Authorities Act,enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines,watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. An LSRCA Permit would not be required for the proposed consent application. Advisory Comments 4. The LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte, and the County of Simcoe in that we provide through an MOU as well as through our role as a public body,pursuant to the Planning Act. Provincial Policy Statement Section 2.1 Natural Heritage Section 2.1 of the PPS requires that natural features and areas should be protected for the long term, and does not permit development and site alteration within significant woodlands. County of Simcoe Official Plan The County of Simcoe Official Plan identifies the need to protect significant woodlands, and provides a criteria for determining significance.Policy 3.8.14 of the County Official Plan identifies a method for local municipalities to determine the significance of woodlands, and provides further guidance to address woodlands outside of settlement areas. A scoped Environmental Impact Study (EIS) would be used to determine the impact of the proposed development on this feature.As well,a policy brief may be required to review the feature, in accordance with County, and local policies. It is requested that the proponent contact LSRCA staff in order to assist in scoping these studies. Summary Based on our review of the submitted information in support of the application,it is determined that the proposal is not inconsistent and not in conformity with the applicable Sections 2.1 and 3.1 of the PPS. The creation of a new lot by way of severance (consent) is considered as development by the PPS.Therefore, as development is Development Services November 3, 2021 Report No. DS2021-169 Page 16 of 17 Page 260 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Region conservation authority Page 4 of 4 currently proposed within a Key Natural Heritage Feature (Significant Woodlands), the LSRCA cannot support approval of this application. On this basis, it is recommended that the application be deferred until such time that a scoped Environmental Impact Study (to be scoped with the assistance of LSRCA Staff) can be completed, to identify the impacts of development on this feature. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 2.1 of the PPS has not been demonstrated. 2. Consistency with Section 3.1 of the PPS has been demonstrated. 3. Ontario Regulation 179/06 is not applicable,therefore, an LSRCA Permit is not required. 4. A scoped Environmental Impact Study is required to address the existing woodlands. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (I.munnoch@lsrca.on.ca) referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, Aiwo� Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Development Services November 3, 2021 Report No. DS2021-169 Page 17 of 17 Page 261 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... From: McCartney, Mary<mary.mccartney@bell.ca> Sent: October 21, 2021 8:24 AM To: Planning<Planning@oro-medonte.ca> Subject: FW: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-B-42) Luck Bell File: 705-21-803 Good morning, Bell Canada has no comments or concerns regarding this application. Thank you, Mary Mary McCartney Bell Canada - Right of Way Associate Floor 2, 140 Bayfield St Barrie, ON 1-41M 3B1 705-722-2219 or1-888-497-8735 Page 262 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David Sent: October 18, 2021 10:36 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-B-42) Luck Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Dave Page 263 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... Lake Simcoe Region conservation authority www.LSRCA.on.ca Sent via e-mail: planninegoro-medonte.ca October 22nd, 2021 Oro-Medonte File No: 2021-B-42 LSRCA File No.: CO-140380-102021 Township of Oro-Medonte 148 Line 7 South Oro-Medonte,ON LOL 2EO Attn: Secretary-Treasurer, Development Services Dear Mr. Karakaiskis: Re: Application for Consent Owners: Pat&Linda Luck 865 Ridge Road East, Oro-Medonte Thank you for circulating the subject application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. We understand that the purpose of this consent application is to sever a new lot for the purposes of a hobby farm.The details of the proposed severance are: Lands to be Severed: Lands to be Retained: Frontage- Approximately 250 m 820 ft. Approx. 292 m 958 ft. combined Depth: Approximately 61 m 200 ft. Irregular Area: Approximately 1.525 Ina 3.77 ac. Ap p roximatel V 6.27 ha 15.5 ac. Use: Proposed Residential & Existing Residential &Commercial Hobby Farm Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Consent Application Notice of Public Hearing, dated Oct. 18th, 2021. Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments per our MOU with the Township of Oro-Medonte. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 264 o-fF34®.800.465.0437 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planni�a a�W iat, ... co ervation authority Page 2of4 Recommendation Based on our review of the submitted information in support of the application,it is determined that the proposal is not inconsistent and not in conformity with the applicable Sections 2.1 and 3.1 of the PPS. The creation of a new lot by way of severance (consent) is considered as development by the PPS. Therefore, as development is currently proposed within a Key Natural Heritage Feature (Significant Woodlands), the LSRCA cannot support approval of this application. On this basis, it is recommended that the application be deferred until such time that a scoped Environmental Impact Study (to be scoped with the assistance of LSRCA Staff) can be completed, to identify the impacts of development on this feature. Site Characteristics The subject property is partly within an area regulated by the Conservation Authority, as per Ontario Regulation 179/06 of the Conservation Authorities Act. This is due to the watercourse (Allingham Creek)which runs through the subject property, and its associated floodplain hazard area and meander belt area. The subject property is designated as Greenlands by the County of Simcoe Official Plan,and is designated as Rural by the Township of Oro-Medonte Official Plan. The subject property appears zoned, by Township Zoning By-law 97-95 as Agricultural/Rural Zone (A/RU) Zone,Agricultural/Rural Zone Exception (A/RU-213), and Environmental Protection (EP) Zone. IM865 Ridge Road East,Oro-Medonte Features Lake Simone Region " conservation authority ❑ LSRCA Watershed Boundary 0 LSPP Watershed awndary RegWabon 6sundary Regulation Prey an g i Par�aC Lot Lot andd C-0n465sr4n Road Labels Watene rse Subject Property LakeS-- oe Roads -- • R.1 ay ❑ L—er Tier Municipality m e" m M fry 10/1912021 A !0 nw mraewwnrnew..aaa�iaaar,wee w-".ems° ,nwlMwr. .a, rwwa Scale 1: 6.491 !Asters 330 0 165 330 Page 265 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Plannilra e�W iat, ... co ervation authority Page 3of4 Delegated Responsibility and Statutory Comments: 1. LSRCA has review this application through our delegated responsibility from the Province to represent provincial interests regarding natural heritage features identified in Section 2.1 of the Provincial Policy Statement (2020). The proposal reflects new development within Significant Woodlands, which require further study to determine the impacts of the proposed development,as well as any necessary mitigation measures. The proposal is not constent with, or in conformity with Section 2.1 of the PPS. 2. 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 reflects development,through the creation of a new lot,which will front onto Ridge Road East. It appears that this area will maintain frontage and access in the floodplain hazard area. It is not believed that this proposal is inconsistent with Section 3.1 of the PPS. 3. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. An LSRCA Permit would not be required for the proposed consent application. Advisory Comments 4. The LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte, and the County of Simcoe in that we provide through an MOU as well as through our role as a public body, pursuant to the Planning Act. Provincial Policy Statement Section 2.1 Natural Heritage Section 2.1 of the PPS requires that natural features and areas should be protected for the long term, and does not permit development and site alteration within significant woodlands. County of Simcoe Official Plan The County of Simcoe Official Plan identifies the need to protect significant woodlands, and provides a criteria for determining significance. Policy 3.8.14 of the County Official Plan identifies a method for local municipalities to determine the significance of woodlands, and provides further guidance to address woodlands outside of settlement areas. A scoped Environmental Impact Study (EIS) would be used to determine the impact of the proposed development on this feature.As well, a policy brief may be required to review the feature, in accordance with County, and local policies. It is requested that the proponent contact LSRCA staff in order to assist in scoping these studies. Summary Based on our review of the submitted information in support of the application,it is determined that the proposal is not inconsistent and not in conformity with the applicable Sections 2.1 and 3.1 of the PPS. The creation of a new lot by way of severance (consent) is considered as development by the PPS. Therefore, as development is Page 266 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Plannilra e�W"ift, ... co ervation authority Page 4of4 currently proposed within a Key Natural Heritage Feature (Significant Woodlands), the LSRCA cannot support approval of this application. On this basis, it is recommended that the application be deferred until such time that a scoped Environmental Impact Study (to be scoped with the assistance of LSRCA Staff) can be completed, to identify the impacts of development on this feature. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 2.1 of the PPS has not been demonstrated. 2. Consistency with Section 3.1 of the PPS has been demonstrated. 3. Ontario Regulation 179/06 is not applicable, therefore, an LSRCA Permit is not required. 4. A scoped Environmental Impact Study is required to address the existing woodlands. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned (I.munnoch@lsrca.on.ca) referencing the above file numbers in any correspondence. Please advise our office of any decision made with regard to this matter. Sincerely, Liam Munnoch Planner 1 Lake Simcoe Region Conservation Authority Page 267 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witli�,�/I n qer Planning Servigs re: ... ovember O 8Lvelopment SLrvlces ommlttee 6h) Additional correspondence received From: Maggo, Ishan <Ishan.Maggo@simcoe.ca> Sent: November 1, 2021 2:17 PM To: Planning<Planning@oro-medonte.ca>; Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Cc:Amadio, Dan <Dan.Amadio@simcoe.ca>; Nedelkovski, Zoran <Zoran.Nedelkovski@simcoe.ca> Subject: County Comments_2021-B-42_865 Ridge Road East, Oro-Medonte_County File OM-B-21018 Dear Mr. Andy Karaiskakis Thank you for circulating the County of Simcoe on a Consent application for the subject lands municipally known as 865 Ridge Road East in the Township of Oro-Medonte. County Planning staff understand that the applicant is proposing the creation of one (1) new residential lot from the subject lands. The newly created lot will be approximately 1.525 ha (3.77 ac). The lot area of the retained lands will be approximately 6.27 ha (15.5 ac). It is understood that the applicant is seeking this consent for residential & hobby farm use. There are currently no existing structures on the portion of the lot where the severance is proposed. Upon review of the application, County Planning staff would like to offer the following comments. The subject lands are designated "Greenlands" and "Rural" on Schedule 5.1 Land Use Designations to the County of Simcoe Official Plan and the area of the proposed new lot is designated "Greenlands". Further,the subject lands are mapped "Prime agricultural preps"in the Agricultural land base map by OMAFRA and are regulated by the Lake Simcoe Region Conservation Authority(LSRCA). LSRCA comments may provide direction on the proposed development in relation to environmental constraints on the subject lands. County of Simcoe Official Plan policy 3.3.3 states that 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. In addition Ridge Road East is a County right of way, and in this location it is not expected that any entrance driveways for new residential lots will be permitted in accordance with the County of Simcoe Entrance By-law 5544. The County of Simcoe recognizes that the creation of new lots for residential development at the subject property would not conform to County OP policy 3.3.3 and therefore the County of Simcoe Planning staff would not be able to support this consent application. If you have any questions or require further information, please do not hesitate to contact the undersigned at 705-726-9300 Ext.1157 or ishan.maggo @simcoe.ca Sincerely, Ishan Maggo,AITP I M.Plan Planner II County of Simcoe,Planning Department Phone:(705)726-9300,extension-1157 Email:1shan.Moqqo@simcoe.co Web:www.simcoe.ca Page 268 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... q� w YO o( W S L� � l 3 db a pb J N IGO NVII O N O Cu .0 06 Q }' M (6 LU N : Cu V) � U U O \ x O — 0) Cu W }' ca O � — o U � " � LO V (6 . . . . C4 — +� — 00 _� to Cu � Q Fu E a � U O E a) a) O O 0) � O NQw Page 269 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... f1 O a) O U U � x Ca L z N 3 a m N O E a) U) �. 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C- 1Tx 3 F^ j Y U CO 0) m N o O N -0 O � Cu .V _0 N aD O U E Page 274 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... f1 Ca _j o _0 z � YO i � w 3 �\ E N � m � N � N , Th , O Cu C) U) 0 J _0 a) O pY O i 9 �q Page 275 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... r O J Cu � � O U � � o J 0) 0 m N O N O Cu U Q N Cu � o O _0' Cu '^O 1 W X Page 276 of 340 6.h) 6.40 p.m. DS2021-169, Derek Witlib, Manager, Planning Services re: ... 0 Q cc w Ca C , a) J 0) n � L Cu E a) N �Le > ATV �^, 1 N N Cu CU 0 +N � � U O a) O E U) N : � L (n Cu a) O_ T IGO c CU a) CU 0 N 0 CU CDOU - N °' Q o U Cu U a) a) L U 4O 0 > Cu U C) n 0 cn J — 0- CO a) 0 -0 C CO E CU J O 0 � OU > "- a) Cu Cu � Q }+ L > Q 0 >; ) .4 0 O W 73 70 J U 0 mQ �V • • (D o �CN o 70 0 T- N �- Cu 1 C U O N 00 N U —In Cu 0 Q O U Qa) U O Q E c 0- 76 z "- E 0 Cu U a) a) 0- c L O O oCu uUE a A+ L cv c� Page 277 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2021-164 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # November 3, 2021 Minor Variance Application 2021-A-69 Roll #: Ron & Cheryl Bowler R.M.S. File #: 4346-010-003-01100 151 Line 5 North D13 59996 Recommendation(s): Requires Action X For Information Only It is recommended: 1. That Report No. DS2021-164 be received and adopted. 2. That Minor Variance Application 2021-A-69 by Ron & Cheryl Bowler, specifically for permission to place 6 shipping containers on the subject property that will be 100% occupied by the existing Home Occupation, be deferred to obtain further information from the applicant to address the comments outlined in Report DS2021-164. 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Existing Conditions The subject property is located at 151 Line 5 North, as illustrated on Schedule 1. An aerial view of the property and its limits is provided in Schedule 2. The subject property has an area of approximately 1 .07 hectares (2.6 acres). The drawings and documents submitted by the Applicant, and review of the available digital mapping from the County of Simcoe, indicate that the property is currently occupied by the following: • 1-storey dwelling (with attached garage) located towards the northwest corner of the lot. The dwelling is approximately 205 m2 in floor area with an attached garage of an additional 60 m2 of floor area (total 1-storey footprint of approximately 265 m2 or 2.5% lot coverage); • 1-storey accessory building (detached garage) of approximately 115 m2 in floor area, located south of the dwelling; Development Services November 3, 2021 Report No. DS2021-164 Page 1 of 24 Page 278 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... • An unenclosed covered structure (approximately 45 m2 in area) south of the detached accessory building that is used for outdoor storage in conjunction with open air outdoor storage of construction materials to the south of the accessory building. The accessory detached garage and unenclosed covered structure are associated with an existing Home Occupation on the subject property, which means "an Occupation which is carried on in accordance with the provisions of this By-law relative thereto, as an accessory use to a dwelling unit and is clearly incidental, accessory, or secondary to the residential use of a dwelling." The total lot coverage of these accessory structures is 1.5%. The existing dwelling and accessory buildings each have their own driveways from Line 5 North, including areas for surface parking and indoor garage parking, which effectively separates the detached dwelling from the Home Occupation uses. Schedule 3 includes site photographs illustrating the existing site conditions and uses. The subject property is surrounded by the following uses: • To the north: Single detached dwelling known municipally as 175 Line 5 North; • To the south: Heavily treed open space and rural lands (designated "Greenlands" under the County of Simcoe Official Plan); • To the east: Heavily treed open space and rural lands (designated "Greenlands" under the County of Simcoe Official Plan); and • To the west: Agriculturally farmed land (80 Line 5 North). It has been noted that tree removal has recently been completed in the area subject to the current application. As outlined in this report, the existing trees on and adjacent to the subject property are part of the "Greenlands" designation under the County of Simcoe Official Plan and provide an important screening and buffering function and are recommended for long term protection. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Agricultural and Greenlands • Township of Oro-Medonte Official Plan: Agricultural • Zoning By-Law: Rural Residential Zone Two (RUR2) 3. Proposal and Requested Minor Variances Development Services November 3, 2021 Report No. DS2021-164 Page 2 of 24 Page 279 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... The proposed site plan is included in Schedule 4. The applicant is proposing to place 6 shipping containers on the subject property at the rear (east) of the existing detached accessory building. These structures will be used exclusively by the existing Home Occupation on the subject property, in addition to the existing accessory structures noted above, which will expand the floor area and lot area related to the Home Occupation use. As discussed further below, additional information is required from the applicant on the scope of the home occupation (current contracting/landscaping business) and the intent/use for the 6 shipping containers. The shipping containers will be effectively screened from view on Line 5 North by the accessory building and the tree cover on and surrounding the subject property. The shipping containers are also located towards the south limit of the subject property, which provides considerable spatial separation from the existing dwelling to the north at 175 Line 5 North. Each of the shipping containers will be 6.09 metres (20 feet) long and 2.4 m (8 feet) wide, with 1 .2 metres (4 feet) of space between them. On this basis, each of the shipping containers will have a floor area of 14.6 m2 and the total floor area of the shipping containers will be 87.7 m2. The distance from the accessory building to the closest shipping container will be 12 metres. The proposed setback from the containers to the south (side) property line will be 18.3 metres. The proposal and requested minor variances will increase the floor area of the accessory structures associated with the Home Occupation from 160 m2 to approximately 247.7 m2, which would approach the 265 m2 floor area of the primary dwelling. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1. To permit a home occupation to occupy more than 50 percent of the gross floor area of a detached accessory building in the Rural Residential (RUR2) zone (Proposal is to permit 100% use of six (6) shipping containers for home occupation); and 2. To permit in a Residential Zone, the use of a truck, bus, coach, transport truck trailer, streetcar body, railway car body, railway shipping container, or similar structure of any kind, for the purpose of an accessory structure (6 shipping containers proposed to be used as accessory structures). The effect of these requested variances will be to expand the existing Home Occupation by allowing 6 additional accessory structures (shipping containers that are not currently permitted by the zoning regulations) that are for the exclusive use of the Home Occupation in addition to the two existing structures that are 100% occupied by the Home Occupation. 4. Zoning Review Development Services November 3, 2021 Report No. DS2021-164 Page 3 of 24 Page 280 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... Table 1 includes a review of the applicable zoning standards. The intent of the proposal is install 6 shipping containers in the rear yard, behind the existing accessory building. The result will be 8 structures (247.7 m2 in area) that are associated with the Home Occupation that is required to be accessory to the primary dwelling (265 m2 in area). The required setbacks to these containers will be provided, including 18.3 metres to the closest property line (south side property line). Section 6.0 of the Zoning By-Law defines "Accessory Building or Structure" to mean "a detached building or structure, the use of which is naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot". Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings,Structures and Where this By-law provides that land • There is already one Uses[By-law 2017-0121 may be used or a building or structure accessory detached garage may be erected or used for a purpose, structure on the subject that purpose may include any property and an unenclosed detached accessory buildings, covered structure accessory structures or accessory uses immediately south of this located on the same lot as the primary accessory structure that are use to which they are related.For the used exclusively by the Home purposes of this by-law a retaining wall Occupation. with a height of 1.0 metre(3.2 feet)or • The 6 shipping containers more is considered an accessory would be additional structure and is subject to the accessory structures located provisions of Section 5.1. on the same lot as the primary dwelling for exclusive use in conjunction with an existing a Home Occupation. • The shipping containers are for the exclusive use of the Home Occupation and increase the floor area and number of structures associated with the Home Occupation. As a result,the incidental or secondary nature of the Home Occupation to the primary dwelling is significantly reduced. Additional information is required form the applicant regarding the need for 6 shipping containers and more details on the use associated with the home occupation. 5.1.1 Uses Permitted in Detached No detached accessory building or • The proposed shipping Accessory Buildings and Structures[By- accessory structure shall be used for containers will be used law 2015-1921 human habitation or an occupation for exclusively for storage gain,unless specifically permitted by purposes associated with the Development Services November 3, 2021 Report No. DS2021-164 Page 4 of 24 Page 281 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... this By-law.A detached accessory Home Occupation;as noted building or structure is permitted to above more detail is required contain sanitary facilities,including form the applicant on the sink and/or toilet,outside an area need for 6 shipping susceptible to flooding however containers for storage kitchen facilities including food purposes. preparation facilities or facilities for • While the plans show no the installation of kitchen equipment space assigned for human are prohibited habitation and no sanitary facilities are proposed,100% of the floor area will be for use by the Home Occupation. • The proposed accessory structures are required to comply with this section. 5.1.3 Permitted locations for detached Unless otherwise specified in this By- • The proposed shipping accessory buildings and structures in law,detached accessory buildings and containers will be located in all zones[By-law 2004-063,2015-192, structures,except boathouses,shall: the rear yard and largely 2017-0121 screened from view on Line 5 a)Not be located in the front yard. North by the existing Notwithstanding this provision,a accessory building. detached private garage is permitted in • The required building the front yard of a lot that abuts Lake setbacks are being provided Simcoe or Bass Lake provided it is set with the minimum setback back a minimum distance equal to the being 18.3 metres to the required front yard for the main south property line. building from the front lot line. Notwithstanding this provision,a detached accessory building is permitted in the front yard in the Agricultural/Rural(A/RU)Zone provided it is not located in the required front yard.Notwithstanding this provision,a retaining wall with a height of 1.0 metres or more is permitted in the front yard in all Residential zones provided it is not within the required front yard. b)Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d)Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line. Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. Development Services November 3, 2021 Report No. DS2O21-164 Page 5 of 24 Page 282 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... e)Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres(49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached While no height is provided on the accessory building or structure,except submitted plans,the intent is that the boathouses,is 4.5 metres(14.7 feet). shipping containers will not exceed 4.5 metres in height. 5.1.5 Maximum lot coverage The maximum lot coverage of all 2.3%proposed detached accessory buildings and structures on a lot,excluding boathouses,is 5 percent. 5.1.6 Maximum floor area[By-law The maximum floor area of any one 14.6 mz(per shipping container) 2003-081,2017-0121 detached accessory building or structure,excluding boathouses,is 70 square metres(753.5 square feet). However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) 5.12 Home Occupations Where a home occupation is permitted • The increase in the number in a Zone,the home occupation: of structures,floor area and lot area occupied by the a)shall clearly be a secondary use of Home Occupation will be the lot; similar to that of the primary b)shall be conducted entirely within a dwelling,reducing the detached accessory building and/or secondary nature of the the main building on the lot; Home Occupation. c)shall be conducted by at least one of • The Home Occupation will be the residents of a dwelling unit located expanded into 6 additional on the same lot; accessory structures(in d)shall not occupy more than 35 conjunction with the existing percent of the gross floor area of the accessory structures). dwelling unit,if the home occupation is • Additional information is contained in a dwelling unit in the required from the applicant main building on the lot; regarding the use of the e)shall not occupy more than 50 shipping containers for the percent of the gross floor area of a home occupation and detached accessory building in the outdoor storage Residential One(R1),Residential Two requirements associated (R2),Rural Residential One(RUR1), with the home occupation. Rural Residential(RUR2),Shoreline • Home occupations are not Residential (SR)and the Residential permitted to involve outdoor Limited Service(RLS)Zones and 100% storage or display of of a detached accessory building in the materials and therefore Development Services November 3, 2021 Report No. DS2O21-164 Page 6 of 24 Page 283 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... Agricultural/Rural(A/RU)Zone,if the additional information is home occupation is contained within a required from the applicant detached accessory building; to determine compliance f)shall not create noise,vibration, with the Home Occupation fumes,odour,dust,glare or radiation provisions contained in which is evident outside the dwelling Section 5.12 that are unit; associated with the proposed g)shall not employ more than one minor variance. employee who is not a resident of the • Each of the proposed dwelling unit; shipping containers will be h)shall not involve the outdoor 100%occupied by the Home storage or outdoor display of materials Occupation. or finished products; • The existing detached garage i)shall not involve the repair or and unenclosed covered maintenance of motor vehicles; storage building are also j)shall not consist of an occupation 100%occupied by the Home that involves the sale of a commodity Occupation. not produced on the premises,except • The subject property is that telephone or mail order sales of located in the RUR2 zone. goods is permitted;and, • Variance required k)shall not require receipt or delivery of merchandise,goods or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using motor vehicles typically employed in residential deliveries. 5.36 Storage/Shipping/Cargo No person shall,in any Residential • The proposal involves the use Containers[By-law 2015-1921 Zone,use any truck,bus,coach, of a shipping container for transport truck trailer,streetcar body, use as an accessory structure railway car body,railway shipping (variance required). container,or similar structure of any kind,for the purpose of an accessory structure Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. I have reviewed the development proposal and requested minor variances within the context of the applicable policies of PPS 2020 and I am of the opinion that the minor Development Services November 3, 2021 Report No. DS2021-164 Page 7 of 24 Page 284 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... variances are not consistent with the following policies, as described in more detail in subsequent sections of this report: • 1.1.1 Healthy, liveable and safe communities are sustained by: c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; h) promoting development and land use patterns that conserve biodiversity; • 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; h) conserving biodiversity and considering the ecological benefits provided by nature; • 1.1.4.3 When directing development in rural settlement areas in accordance with policy 1 .1 .3, planning authorities shall give consideration to rural characteristics, the scale of development and the provision of appropriate service levels; • 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; • 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted; • 2.1 .1 Natural features and areas shall be protected for the long term; • 2.1.2 The diversity and connectivity of natural features in an area, and the long- term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features; • 2.1 .8 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, 2.1 .5, and 2.1 .6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions; and • 2.3.3.1 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. Criteria for these uses may be based on guidelines developed by the Province or municipal approaches, as set out in municipal planning documents, which achieve the same objectives. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe Development Services November 3, 2021 Report No. DS2021-164 Page 8 of 24 Page 285 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. It is my opinion that the development proposal does not conform to the following Growth Plan policies, as described in more detail in subsequent sections of this report: • 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. • 4.2.2 Natural Heritage Systems 3. Within the Natural Heritage System for the Growth Plan: a) new development or site alteration will demonstrate that: i. there are no negative impacts on key natural heritage features or key hydrologic features or their functions; 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; and 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. • 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features 1 . Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System 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: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self- sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature. 3. Simcoe County Official Plan Development Services November 3, 2021 Report No. DS2021-164 Page 9 of 24 Page 286 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... The subject property is designated "Agricultural and Greenlands" on Schedule 5.1 of the County of Simcoe Official Plan. On the basis of the review of the specific policies of the Simcoe County Official Plan provided in Table 2, it is my opinion that the proposal for the subject property and the requested minor variances do not maintain the general purpose and intent of the County of Simcoe Official Plan for the following reasons: • The increase in the number of structures and floor area for exclusive use by the existing Home Occupation will result in the Home Occupation no longer being "clearly incidental, accessory, or secondary to the residential use of a dwelling" and not complying to the Zoning By-Law regulations for accessory uses and Home Occupations; • The result of the proposal will be to expand the Home Occupation uses beyond the scope of the definition of a "Home Occupation;"; and • The location, scale and intensity of the uses associated with the Home Occupation on the Agricultural portion of the subject property will challenge the primary residential use/character of the property and lead to potential conflicts with the natural heritage features on the Greenlands portion of the property. Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • While the proposed structures are located within an existing cleared area of the subject property, The goals of this Plan are: tree removal has already occurred and there is potential for additional tree clearing to occur in • To protect,conserve,and enhance the County's conjunction with the proposed shipping containers natural and cultural heritage; and outdoor storage of materials for the Home • To achieve wise management and use of the Occupation.It is important that the existing tree County's resources; cover on and around the subject property be • To implement growth management to achieve preserved and protected to maintain the lifestyle quality and efficient and cost-effective "Greenlands"function and also provide screening municipal servicing,development and land use; and buffering functions of the Home Occupation • To achieve coordinated land use planning among uses to abutting properties. the County's local municipalities and with • The increase in the number of structures and floor neighbouring counties,districts,regions,and area occupied exclusively by the Home Occupation separated cities,and First Nations lands; will modify the character of the subject property • To further community economic development from that of a single detached dwelling with an which promotes economic sustainability in Simcoe accessory Home Occupation to a condition where County communities,providing employment and the Home Occupation competes with the single business opportunities;and detached dwelling for the primary use on the • To promote,protect and enhance public health property. and safety. • The subject property abuts agricultural land to the west and heavily treed open space to the east and south,with only the property to the north being potentially impacted.The location of the shipping containers behind the accessory structure provides considerable spatial separation,in addition to the screening and buffering provided by the existing trees on the property. • While the proposal will expand an existing Home Occupation,the land use and built form character Development Services November 3, 2021 Report No. DS2021-164 Page 10 of 24 Page 287 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... of the subject property will be modified by increasing the prevalence of the Home Occupation use relative to the primary dwelling. Part 3-Growth Management Strategy • While the proposal is located on a property designated"Agricultural"and "Greenlands",the 3.1 Strategy proposed structures are intended to be accessory to an existing Home Occupation and will not The planning strategy of this Plan is based on four themes: require new servicing connections. • While the proposed structures are located in an • Direction of a significant portion of growth and area that is set back from the existing tree cover development to settlements where it can be and natural heritage characteristics on the subject effectively serviced,with a particular emphasis on property and in the surrounding area,the overall primary settlement areas. character of the subject property will be modified • Enabling and managing resource-based by the number of additional structures and floor development including agriculture,forestry, area proposed for the Home Occupation. aggregates,and tourism and recreation. • While the shipping containers will be 100% • Protection and enhancement of the County's occupied by a Home Occupation use,they will be natural heritage system and cultural features and strictly for storage with no office,administrative or heritage resources,including water resources. other uses. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.6 Agricultural • While the proposal and requested minor variances will not alter the use of the subject property for a Objectives single detached dwelling and Home Occupation, the increase in the number of structures and floor 3.6.1 To protect the resource of prime agricultural lands and area associated with the Home Occupation prime agricultural areas,while recognizing the inter- changes the built form character and accessory relationship with natural heritage features and areas and nature of the Home Occupation. ecological functions,by directing development that does not • The existing Home Occupation is permitted as an satisfy the Agricultural policies of this Plan to Settlements On-Farm Diversified Use.However,it is my opinion and the Strategic Settlement Employment Areas and that the increase in the scale of the Home Economic Employment Districts and directing limited uses Occupation as a result of addition of the 6 that are more suitable to the Rural designation accordingly. proposed shipping containers results in the use no 3.6.2 To enable the agricultural industry to function longer qualifying as Home Occupation.This effectively in prime agricultural areas by minimizing position is expanded upon in this report. 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. 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, Development Services November 3, 2021 Report No. DS2021-164 Page 11 of 24 Page 288 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... 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. 3.6.10 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. 3.8 Greenlands • The proposal and requested minor variances will bring structures and activities associated with the Objectives existing Home Occupation closer to the "Greenlands"on the east and south portions of 3.8.1 To protect and restore the natural character,form, the subject property and may lead to future tree function,and connectivity of the natural heritage system of removal to facilitate these uses. Site Plan Control the County of Simcoe,and to sustain the natural heritage should be considered for this Home Occupation in features and areas and ecological functions of the order to establish the lands associated with the Greenlands designation and local natural heritage systems business and to preserve the Greenlands for future generations. designation from further tree removal. 3.8.2 To promote biodiversity and ecological integrity within • The proposal does not include an appropriate the County's natural heritage features and areas and the evaluation to confirm that the proposed Greenlands designation. containers and expanded Home Occupation use 3.8.3 To improve the quality,connectivity and amount of will protect or restore the natural character,or woodlands and wetlands cover across the County. function and connectivity of the Greenlands and 3.8.4 To ensure that species and communities of will not fragment the natural heritage features on conservation concern can continue to flourish and evolve and around the subject property. throughout the County. • The increase in the number of structures and floor 3.8.5 To contribute to the protection,improvement,and area associated with the Home Occupation may restoration of the quality and quantity of surface water and lead to increased business-related activity directly ground water and the function of sensitive surface water adjacent to the Greenlands portion of the subject features and sensitive ground water features within the property. County. • Placement of the shipping containers will modify 3.8.6 To ensure that the Greenlands designation the grading and drainage characteristics of the complements and supports the natural heritage systems subject property.However,site grading and established in provincial plans and is linked with the natural erosion/sediment control plans have not been heritage systems of adjacent jurisdictions,and to require submitted with this application. local municipalities to identify and protect natural features and ecological functions that in turn complement and support the Greenlands. 3.8.7 To ensure that the location,scale,and form of development respect and support the protection of the County's natural heritage system. 3.8.8 To provide opportunities for natural heritage enjoyment and appreciation and for recreational and tourism uses in keeping with the Greenlands objectives,that foster healthy and liveable communities and enhance the sense of place and quality of life that characterize the County.Natural Heritage Systems 3.8.9 Natural heritage in Simcoe County will be protected by: a)The Greenlands designation,which is the natural heritage system of the County of Simcoe;and b)The natural heritage systems of the 16 local municipalities which may identify local natural features and areas in addition to the County's Greenlands designation. Development Services November 3, 2021 Report No. DS2021-164 Page 12 of 24 Page 289 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... 4. Township of Oro-Medonte Official Plan The subject property is designated "Agricultural' on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 addresses the applicable policies. It is my opinion that the requested minor variances do not maintain the general purpose and intent of the Official Plan. The scale and intensity of the use resulting from the placement of six shipping containers for the exclusive use of the existing Home Occupation will modify the land use and built form character of the subject property relative to the surrounding Agricultural uses and natural heritage features. The increase in the number of structures and floor area associated with the Home Occupation will also result in these uses no longer being clearly secondary or incidental to the primary use of the property for a single detached dwelling and, consequently, not qualifying as a Home Occupation. The accessory uses also do not qualify as a "Home Industry" under Section C1.3.3. of the Official Plan based on the character of the existing and permitted uses and the fact that a Zoning By-Law Amendment application has not been submitted to ensure the criteria set out under this section are satisfied. Further details are required from the applicant regarding the intended use of the shipping containers associated with the business, to verify if a re-zoning to a home industry use is required to be considered rather than the variance submitted. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The development proposal and requested minor variances will bring the structures and activities A2.1 Natural Heritage associated with the Home Occupation into closer proximity of the natural heritage features on and A2.1.1 Goal adjacent to the subject property and will also modify the grading and drainage characteristics of It is the goal of this Plan to protect and enhance significant the subject property. natural heritage features and related ecological functions in • As noted above,it would appear through review of the Township. aerial mapping that tree removal has occurred in the area of the home occupation and the proposed A2.1.2 Strategic Objectives shipping container location,that could be within the Greenlands designation and require a)To protect from incompatible development significant consultation with the County regarding an natural heritage features and their associated ecological and clearances or permits that would be required. hydrological functions. • No new services or infrastructure are proposed to c)To ensure that an understanding of the natural support the accessory structure. environment,including the values,opportunities,limits and • While the proposed structures are associated with constraints that it provides,guides land use decision-making the Home Occupation,the built form and land use in the Township. character of the subject property will be modified e)To require that the land use planning process contributes by increasing the number of structures on the to the protection,maintenance and enhancement of water property and reducing the primary character of and related resources and aquatic ecosystems on an the property as a single detached dwelling. integrated watershed management basis. • The effect of the proposal and requested minor f)To protect from incompatible development significant variances is to increase the prominence of the woodlands and wildlife habitat areas and the ecological Home Occupation uses on the subject property functions they provide. relative to the primary dwelling in a location Development Services November 3, 2021 Report No. DS2021-164 Page 13 of 24 Page 290 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... g)To protect from incompatible development wetlands and directly interfacing with the natural heritage Provincially Significant Areas of Natural and Scientific features on the property. Interest and the habitats and ecological functions they • No analysis has been provided with the application provide. to demonstrate that the expanded non-residential h)To protect natural heritage systems as defined by the uses will be adequately buffered from the natural Township and the County of Simcoe. heritage features to avoid or mitigate any potential adverse impacts. A2.4Agriculture • While the proposal will not directly compromise the agricultural character or potential of the A2.4.1 Goal subject property and overall community,the increase in the number of structures and floor area It is the goal of this Plan to preserve areas demonstrating for exclusive use by the Home Occupation will high capability for agricultural production for that purpose. change the land use and built form character of A2.4.2 Strategic Objectives the property and its relationship to the surrounding area. a)To ensure that agriculture remains an integral part of the • The character of the Home Occupation as economy of the Township and the County. secondary to the primary dwelling is also reduced b)To ensure that non-agricultural uses which may have an by the placement of 6 additional structures impact on the viability of farm operations are not permitted. (shipping containers not currently permitted under c)To encourage the establishment of farm-related uses and the Zoning By-Law)that will increase the floor area other secondary uses on farm properties to improve the for exclusive use by the Home Occupation close to livelihood of area farmers. that of the dwelling. d)To encourage the establishment of uses and activities on farm properties that highlight the importance of agriculture and its history in the Township. e)To encourage the maintenance of the character of agricultural areas by maintaining farm buildings and other elements of the built and natural landscapes that contribute to that character. A2.6 Growth and Settlement • No residential growth is proposed.The proposal is exclusively for expansion of the Home Occupation. A2.6.2 Strategic Objectives • The proposed uses are intended to be accessory to the existing uses and be compatible with the settlements.direct the majority of new residential growth to community and also respect and preserve the s d)To encourage the more efficient use of land in context and character of the property relative to settlements,where appropriate. surrounding land uses. • However,the increase in the number of structures and floor area for exclusive use by the Home Occupation erodes the accessory and secondary nature of the Home Occupation and will change the land use and built form character of the Home Occupation relative to the primary dwelling,as well as the surrounding properties in the community. SECTION C1—AGRICULTURAL • The proposal and requested minor variances will not adversely impact the agricultural resources C1.1 OBJECTIVES base or land suitable for agricultural production. • However,the single detached dwelling residential a)To maintain and preserve the agricultural resource base of character and accessory home occupation of the the Township. subject property will be considerably modified by b)To protect land suitable for agricultural production from the addition of the additional structures and floor development and land uses unrelated to agriculture. area for exclusive use by the Home Occupation. c)To promote the agricultural industry and associated • The accessory uses do not qualify as a"Home activities and enhance their capacity to contribute to the Industry"under section C1.3.3.of the Official Plan economy of the Township. based on the character of the existing and Development Services November 3, 2021 Report No. DS2021-164 Page 14 of 24 Page 291 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... d)To preserve and promote the agricultural character of the permitted uses and the fact that a Zoning By-Law Township and the maintenance of the open countryside. Amendment application has not been submitted to ensure the criteria set out under this section are C1.2 PERMITTED USES satisfied. • The increase in the number of structures and floor The principle use of land in the Agricultural designation as area relative to the primary dwelling will result in shown on the schedules to this Plan shall be agriculture. the non-residential uses no longer being clearly Other permitted uses include single detached dwellings,bed secondary to the dwelling and not qualifying as a and breakfast establishments,home occupations,home "Home Occupation". industries,commercial dog kennels,forestry,resource management uses,farm implement dealers and feed and fertilizer distribution facilities,storage facilities for agricultural products,greenhouses,agricultural research and training establishments,farm related tourism establishments,agriculturally-related commercial uses, commercial uses on farm properties and seasonal home grown produce stands.Wayside pits and portable asphalt plants are also permitted.All existing commercial and industrial uses are also permitted.The designation also permits existing tourist commercial uses such as private parks,trailer or recreational vehicle parks,mobile home parks,rental cabin establishments and private campgrounds and accessory recreational and commercial facilities and existing recreational uses such as golf courses.The development of new tourist commercial and recreational uses in the Agricultural designation is not contemplated by this Plan. 5. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Rural Residential Two Zone (RUR2)", which permits single detached dwellings and accessory buildings/structures. This application includes the following minor variances as they relate to an existing home occupation use: 1. To permit a home occupation to occupy more than 50 percent of the gross floor area of a detached accessory building in the Rural Residential (RUR2) zone (Proposal is to permit 100% use of six (6) shipping containers for home occupation); and 2. To permit in a Residential Zone, the use a truck, bus, coach, transport truck trailer, streetcar body, railway car body, railway shipping container, or similar structure of any kind, for the purpose of an accessory structure (6 shipping containers proposed to be used as accessory structures). This application is based on the proposed shipping containers being accessory to the existing single detached dwelling and part of a Home Occupation. While the proposed shipping containers comply with the zoning regulations for accessory structures that relate to floor area, height, lot coverage and setbacks, the number of structures and Development Services November 3, 2021 Report No. DS2021-164 Page 15 of 24 Page 292 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... non-residential floor area associated with the Home Occupation will no longer be clearly secondary, incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot, in order to satisfy the definition of an accessory use or structure or criteria for a Home Occupation. The proposed structures are also clearly not permitted as accessory structures in a residential zone and will also be fully occupied by the non-residential uses. The result of the proposal and requested minor variances will be to modify the existing land use and built form character of the subject property from that of a single detached dwelling with a Home Occupation to that of a property with a single detached dwelling and non-residential uses that share prominence in terms of floor area and built form. As discussed above, further details are required from the applicant regarding the shipping containers and the nature of the home occupation to confirm whether a rezoning to a Home Industry use is required. 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? No. The increase in the number of structures and floor area for exclusive use by the existing Home Occupation will result in the Home Occupation no longer being "clearly incidental, accessory, or secondary to the residential use of a dwelling" and not qualifying as a Home Occupation. The result of the proposal will be to expand the Home Occupation uses beyond the definition of a "Home Occupation." The location, scale and intensity of the uses associated with the Home Occupation on the Agricultural portion of the subject property will challenge to the primary use and character of the property for a single detached dwelling and lead to potential conflicts with the natural heritage features on the Greenlands portion of the property. At this time, staff are not aware of the completion of a Natural Heritage Evaluation to satisfy Provincial Policies and ensure the proposed use does not conflict with the natural heritage features on or adjacent to the property. Do the variances conform to the general intent and purpose of the Zoning By-law? Development Services November 3, 2021 Report No. DS2021-164 Page 16 of 24 Page 293 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... No. The increase in the number of structures and non-residential floor area associated with the Home Occupation will no longer be clearly secondary, incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot, in order to satisfy the definition of an accessory use or structure or criteria for a Home Occupation. The proposed structures are also clearly not permitted as accessory structures in a residential zone, and will also be fully occupied by the non-residential uses. The requested minor variances will modify the existing land use and built form character of the subject property from that of a single detached dwelling with a Home Occupation to one of a property with a single detached dwelling and non-residential uses that share prominence in terms of floor area and built form. Are the variances desirable for the appropriate development of the lot? No. The minor variances will not maintain the general purpose and intent of the Official Plan or Zoning By-Law and will have the effect to expand the non-residential uses on the property beyond the characteristics and criteria for accessory uses and structures and a Home Occupation. The existing built form character and use of the subject property will be modified from that of a single detached dwelling with accessory uses to one where the dwelling and non-residential uses compete with one another for the primary use. Additionally the expansion of the home occupation use and the proposed location for the shipping containers within the County's Greenlands designation may impact the woodland feature, neither the tree removal that has occurred to date or in future for the shipping container placement has been assessed through a Natural Heritage Evaluation and to satisfy Provincial policies. Are the variances minor? No. It is my opinion that that the requested minor variances will change the character of the subject property from the primary use of a single detached dwelling with a Home Occupation. The proposed number of structures and floor area will result in the existing Home Occupation expanding to a point where it can no longer be considered clearly secondary, accessory or incidental to the primary dwelling. The proposed accessory structures are a type explicitly not permitted under the zoning regulations and will be 100% occupied by the Home Occupation. Given the impact to the land use and built form character on the subject property, and the qualification of the non-residential uses and structures as part of a Home Occupation, the requested minor variances cannot be considered minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Development Services November 3, 2021 Report No. DS2021-164 Page 17 of 24 Page 294 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will negatively impact the Township's natural features and attributes, and is not consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — No comments on the application. • Township Development Engineering — No objections to the application. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Applicant's Site Plan Conclusion: I recommend that Minor Variance Application 2021-A-69 be deferred to obtain further information from the applicant to address the comments outlined above. Development Services November 3, 2021 Report No. DS2021-164 Page 18 of 24 Page 295 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Andria Leigh, Deputy Chief Administrative Officer/ Director Development Services November 1, 2021 Development Services November 3, 2021 Report No. DS2021-164 Page 19 of 24 Page 296 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map I o , 217 200 175 w C J 5! 00 2491 96 Mslvllle q 4 so zsza 17 15 11 9 7 I3ai 2496 2491 2444 2458 2484 2472 Schedule 1 LocationIM �To ✓��.a�o�zt� Subject Lands Proved H,it ge,F—W.A Futurr 0 200 M Fit®Number:2021-A-e9 41 1 r t Development Services November 3, 2021 Report No. DS2021-164 Page 20 of 24 Page 297 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo I s �Nd4E I �y r Schedule 2 Aerial Photo �^" ` Subject Lands P—d H,di g�,F—ieing Fw— 0 69 M File Number:2021-A-89 I r r + i t Development Services November 3, 2021 Report No. DS2021-164 Page 21 of 24 Page 298 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos . na.c Looking North along Line 5 North Looking South along Line 5 North Vr .- i■ - Existing Single Detached Dwelling Existing Accessory Building and Parking Area to South of Single Detached Dwelling i! IE �Y Existing Outdoor Storage along South of Subject Property Cleared Area for Proposed Outdoor Storage Uses Development Services November 3, 2021 Report No. DS2021-164 Page 22 of 24 Page 299 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... >°., e Z': r' 43,z+r l j Cleared Area for Proposed Outdoor Storage Uses Cleared Area for Proposed Outdoor Storage Uses Development Services November 3, 2021 Report No. DS2021-164 Page 23 of 24 Page 300 of 340 6J) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan County of 5imcoe-Web Map/ 1 i 5�N". , .r \OjV .aMar,n pryye or in yvL may twt he repeptlupad xAp�wf en P4 fr.1.' eGorPpnopn MmaG—p � TIK map 0.1v.1 b1 pel8:eia1 use,has been pmtluceG eatsmmaaney�—antlmeynmx—�y IM 0 20 40 0m 5f7z� W.P.OdI�ntl Nn paH}��Gwnw from:GHer Me in Rjyht ee Canada,f7saaNmnt of NeNral Respurrzs.� �� a a.nger t]n[ano Mnishy of MaNrel Rescurcea:®'ararai Development Services November 3, 2021 Report No. DS2021-164 Page 24 of 24 Page 301 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... From: Saunders, David<dsaunders@oro-medonte.ca> Sent: October 15, 2021 11:01 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-A-69) Bowler Teresa /Abbey Development Engineering has No Objection to the above noted Application. Regards Page 302 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... From: Metras, Justin Sent: October 15, 2021 10:48 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting November 3, 2021 (2021-A-69) Bowler Abbey Operations has no comments on this application. Justin Page 303 of 340 6.i) 6.50 p.m. DS2021-164, 60 Additional correspondence received -2 j' _yj � e h too - _.. f A-A 3 Page 304 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning ConsultantIN ... w IGO QD � o O1 a �\ C6 U QL Q o N L O (U (U (6 •� Z � � o U) p J 0� Q .� Lr) ai � ca cn � a o " ca •— � N O U Page 305 of 340 6.i) 6.50 p.m. DS2021Michael Ba ton, Thwnship Planning Consultant ... (L) E O - � w O ° 4-0i O w • c N + C O O IN �\ l'.V (n O y e _W O a) U) .� Q Q L O o � m }1 O U x o '� U TT O VJ � •� V) Q Q •� o O -� o r O .-. a - a v NC.0 O L OQ O m O O U ° L N --' . o X L— a � � o O E i cu �--+ .O N co rn co U O 1 O cn LO •— � L o Q O /'1 L co N LL L U) Q -0 0 M U V) U coco (n O o m c �./ •� L L co co 4. 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OL LU 0) 75 s k h d � Page 311 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning Consultant ... f1 IGO z W O o N - (6 A-j xY QL 75 �r 3 � O L Page 312 of 340 6.i) 6.50 p.m. DS2021-164, Michael Barton, Township Planning ConsultantCU ... w E � C o 0 N y U U L CU o (1) M W o L o CU 4- o CU o o QD O O70 L N L L N o � 70 O CUC N o U CU O 0 .4 0 o U V o0 E CO m O (U CV U U .— 0)� Ll N L O O a) 0 CU O > W CO U Cq Cq U O p `V N O O N� 0 C N N C p N Cn O O_ E > 70 E NO Q'� N U) U CO (II (II L C2 O CU Co CZ 70 z N a) CU (U 0- a) O p C 0- i2" yO U U �. �. ,N .— O C) CU CU Q i2 -0 C� = (nca Q A+ L `1 An C V M Page 313 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2021-163 Committee Catherine McCarroll, Intermediate Planner Meeting Date: Subject: Motion # November 3, 2021 Consent Application 2021-B-02 (Revised) by Bruce North Roll #: 363 Line 12 North R.M.S. File #: 4346-010-005-10200 D10-58941 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-163 be received and adopted. 2. That Consent Application 2021-B-02 by Bruce North, to permit a boundary adjustment on the lands municipally known as 363 Line 12 North, Township of Oro-Medonte, be denied on the basis that the application is not consistent with the Provincial Policy Statement and does not conform with either the County Official Plan or the Township Official Plan. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: Development Services Committee considered Consent Application 2021-B-02 at the February 3, 2021 meeting, wherein the applicant proposed a boundary adjustment which consisted of severing 11.3 hectares (28.0 acres) of farmland from 363 Line 12 North and merging it with the vacant residential lot located to the south of the subject lands, legally described as West Part Lot 18, Concession 13, Part 1 on 51 R-33102. The location map and aerial map are attached as Schedules 1 and 2 to this report. The retained agricultural lands would be 29.6 hectares (73.0 acres) in size and would contain the existing single detached dwelling and agricultural building. Development Services Committee received Staff Report DS2021-017 and deferred the application to give the applicant the opportunity to address Township Planning Staff and Lake Simcoe Region Conservation Authority comments. The Applicant's Planning Consultant provided a resubmission letter dated September 29, 2021 which provided a revised analysis to address previous concerns raised Development Services November 3, 2021 Report No. DS2021-163 Page 1 of 16 Page 314 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent A... regarding the viability of the agricultural lands. The proposed consent has not changed (same lot dimensions and configuration); however, the Planning Consultant has recommended a Zoning By-law Amendment to a site specific Agricultural/Rural Zone to remove the Rural Residential Two (RUR2) Zone on the benefitting lands and establish a 30.0 metres (98.4 feet) structural setback from the southern limit of the tree line along the natural heritage feature. The details of the boundary adjustment remain the same. The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment (refer to Schedule 3), as noted below: Lands to be Severed and Added Lands to be Retained (363 Line 12 to 4346-010-005-10005: North): Frontage: Approx. 131 .0 m. (429.8 ft.) Approx. 425.0 m. (1,394.4 ft.) Depth: Approx. 665.0 m. (2,181 .8 ft.) Approx. 665.0 m. (2,181.8 ft.) Area: Approx. 11.3 ha (28.0 ac) Approx. 29.6 ha (73.0 ac) Use: Vacant Land Residential, Agricultural and Woodland No new lots are proposed as a result of the lot addition. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 2.1 — Natural Heritage and Section 2.3 —Agriculture are applicable to this application. Section 2.3.4.2 states: "Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons" (PPS, 2014, p. 25). `Legal or technical reasons' is defined as: "severances for purposes such as easements, correction of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot" (PPS, 2014, p. 43). Planning Staff have concerns that this boundary adjustment is not considered to be `minor' in nature, as it has the potential to negatively impact the viability of the farmland, due to the resulting undersized agricultural lots. The existing lot is approximately 40.9 hectares (101.0 acres) which meets the County of Simcoe's minimum lot size requirement of 40.0 hectares (98.8 acres) for agricultural uses (See Section 3.6.7 (a) of the County of Simcoe Official Plan). The proposed boundary adjustment does not comply with this minimum lot size requirement and would result in two agricultural parcels below the minimum requirements. Although there is a watercourse and associated woodland that transects through the property, the lands as identified by the applicant's planning consultant continue to be farmed currently and a severance is not Development Services November 3, 2021 Report No. DS2021-163 Page 2 of 16 Page 315 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent A... required to continue farming these lands and would result in agricultural lots deficient in the minimum area requirements. Based on the above, Planning Staff are of the opinion that this application is not 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 (2020) provides a long-term plan to manage growth and protect the natural environment. The Growth Plan does not contain specific policies that relate to boundary adjustments; however, it speaks to protecting these areas for long-term agricultural use. As discussed in the preceding section, Planning Staff have concerns that the boundary adjustment may negatively impact the use of the severed/retained lands for agricultural purposes as the resulting lot sizes do not comply with the County of Simcoe's minimum lot size of 40.0 hectares (98.8 acres) for agricultural uses. A boundary adjustment is not required to continue farming on both sides of the watercourse, which as outlined through the application agricultural use is currently occurring of all of these lands. The subject lands contain a watercourse; therefore, Section 4.2.3, Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features, is also applicable to this application. Section 4.2.3.1 states that outside settlement areas, development or site alteration is not permitted in key natural heritage features. However, since the proposed boundary adjustment does not represent `development' as defined by the Growth Plan, these policies do not affect this application. Nevertheless, the Lake Simcoe Region Conservation Authority has requested a 30.0 metres (98.4 feet) buffer around the natural heritage feature. This setback has already been established in Section 5.27 of the Township's Zoning By-law which prohibits buildings and structures within 30.0 metres (98.4 feet) of the Environmental Protection Zone boundary. Lake Simcoe Protection Plan Portions of the subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA) due to the presence of a watercourse that runs through the property. The LSRCA was circulated the subject application and provided revised comments dated March 8, 2021 and follow-up comments dated October 27, 2021 (refer to Schedule 6). The LSRCA indicated that they are satisfied that Section 5.27 of the Township's Zoning By-law, which prohibits buildings and structures within 30.0 metres (98.4 feet) of the Environmental Protection Zone boundary, addresses their natural heritage concerns. County of Simcoe Official Plan The subject lands are designated `Greenlands' and `Agricultural' in accordance with Schedule 5.1 — Land Use Designations of Simcoe County's Official Plan (refer to Schedule 4 of this report). The portion of the lands to be severed and the benefitting lands are both designated `Agricultural'. Development Services November 3, 2021 Report No. DS2021-163 Page 3 of 16 Page 316 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent A... A few days after the original boundary adjustment was heard at Development Services Committee, Township Staff received comments from the County. The full comments are included as Schedule 7 to this report. Their comments referenced Section 2.3.4.2 which states that lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 129). The Simcoe County Official Plan (SCOP) is consistent with the PPS and identifies that lot creation is discouraged in the Agricultural designation 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. Lots for agricultural uses should not be less than 40 hectares or the original survey lot size, and in County Planning Staff's opinion, this proposal does not meet this requirement. Although the application does not propose the creation of a new, additional lot, it is County staff's opinion that the proposed boundary adjustment is not minor in nature as it would result in two undersized agricultural lots. The proposed consent to create an undersized parcel in the Agricultural designation is not consistent with the Provincial Policy Statement and does not conform with the County Official Plan. Based on the above, County Planning staff cannot support the application. Based on the fact that the application has not changed (same lot dimensions and lot configuration); Township Planning Staff believe that County comments would remain the same. Planning Staff circulated the resubmission letter to the County for comments. At the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any additional County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated `Agricultural' in "Schedule A — Land Use" of the Township's Official Plan. The Agricultural section contains policies related to the creation of new lots, yet is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan. In addition, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected" (p. 230). Planning Staff have concerns that the boundary adjustment may negatively impact the viability of the farmland on the severed and retained lots. Development Services November 3, 2021 Report No. DS2021-163 Page 4 of 16 Page 317 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent A... Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended, and the benefitting lands are currently zoned Rural Residential Two (RUR2) (refer to Schedule 5). Should the application be approved, it is recommended that the applicant be required to apply for and obtain a Zoning By-law Amendment to rezone the portion of the benefitting lands that are currently zoned Rural Residential Two (RUR2) zone to the Agricultural/Rural (A/RU) zone. In the absence of such a Zoning By-law Amendment, The RUR2 and A/RU zone boundary has the potential to complicate setback requirements depending on where someone might want to build a dwelling or other structures in the future. Additionally, leaving the RUR2 zone in place could create the false impression that there is permission for an additional dwelling or severance of the RUR2 zoned lands. Any new buildings or structures would be subject to Section 5.27 of the Township's Zoning By-law which prohibits buildings and structures within 30.0 metres (98.4 feet) of the Environmental Protection Zone boundary. Table 134-A of the Township's Zoning By-law requires a minimum of lot size of 2.0 hectares (4.9 acres) for agricultural uses and Table B4-B requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. The lot configurations that would result from this application, would comply with the lot frontage and lot area provisions of the Zoning By-law. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). While staff is satisfied that no plan of subdivision is required for the purposes of a boundary adjustment, Planning Staff has concerns with the ability of this application to meet: • 51(24)(a), specifically, "...the effect of development of the proposed subdivision on matters of provincial interest...". In this case, Planning Staff are of the opinion that the Provincial interests are, "...the protection of the agricultural resources of the Province...". • 51(24)(d), specifically, "...the suitability of the land for the purposes for which it is to be subdivided...". In this case, Planning Staff have concerns about the suitability of the lot sizes of the severed and retained lands for viable agricultural purposes. 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 November 3, 2021 Report No. DS2021-163 Page 5 of 16 Page 318 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent A... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan (LSPP) Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. At present, Planning Staff is unable to determine if this application is consistent with the Township's strategic goals. 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 Infrastructure and Capital Projects — No objections. • Bell Canada — No concerns. • Township Development Engineering — No objection. • Township Building Division — No comments. • Lake Simcoe Region Conservation Authority — See Schedule 6 • Simcoe County — See Schedule 7 Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: County Official Plan — Land Use Schedule 5: Existing Zoning Development Services November 3, 2021 Report No. DS2021-163 Page 6 of 16 Page 319 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent A... Schedule 6: Lake Simcoe Region Conservation Authority correspondence dated March 8, 2021 . Schedule 7: County of Simcoe comments dated February 5, 2021 . Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2021-B-02 be denied on the basis that the application is not consistent with the Provincial Policy Statement and does not conform with the County Official Plan and the Township Official Plan. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andria Leigh, Deputy Chief Administrative Officer/ Director Development Services October 27, 2021 Development Services November 3, 2021 Report No. DS2021-163 Page 7 of 16 Page 320 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re, Consent A... Schedule 1: Location Map v- -w-7 T 1,� 625 625 2128 ...I6��eA�J 151f6-Srd.E. 1835 rs�anow�.11�er•�a1. 1811 �.nidge Road r 2001 396 391 392 Z N G 40 J 8 278 40 1 178 27 188 10 11 2310 77 Schedule 1 Location liiu/ Zit e�� ®Subject Lands Proud Heritage,Exciting Future 0 400 M File Number:2021-6-02 '�' I Development Services November 3, 2021 Report No. DS2021-163 Page 8 of 16 Page 321 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re, Consent A... Schedule 2: Aerial Photo —vairrRa. .Neel aFeeaa. - p eelioe'a le Rd. .'_ , I era. TWF Z.* iM 4 F. J w — F Schedule 2 Aerial Photo ,ow, hiof- Subject Lands Proud Heritage,Exciting Future a 300 m File Number:2021-6-02 N II I1I I1 Development Services November 3, 2021 Report No. DS2021-163 Page 9 of 16 Page 322 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent A... Schedule 3: Proposed Boundary Adjustment Gram - —Severed Parcel ti ,.A, ar M AL Schedule 3 Proposed Boundary Adjustment Taurrrshp File Number 2021-B-02 Proud Heritage,Exciting Future Development Services November 3, 2021 Report No. DS2021-163 Page 10 of 16 Page 323 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re, Consent A... Schedule 4: County Official Plan — Land Use v-.•Rd:7 T 1'5116"5 rd=E. .Masi s�aeAd. raeelioea leY'IR9. T wEj r Z N N, J 11 �5. R Schedule 4 County of Simcoe — Land Use C.qSubject Lands Agricultural ~y Greenlands Proud Heritage,Exciting Future 0 400 rn File Number:2021-B-02 'V" I Development Services November 3, 2021 Report No. DS2021-163 Page 11 of 16 Page 324 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent A... Schedule 5: Existing Zoning Tv-.•R�:7 '-�- A/RU im�ean� - RUR2 T5l16=Srd1� I MAR2 raeeli°ea l�eY'Rd. T. r ZRldge Rpe . MAR2 A/RU MAR2 J RUR2 RUR2 A/RU EF Z N A/RU I,C J RUR2 A(RU RUR2 A/RU P 11 AIRU E A/RUw286(H) A U Schedule 5 Existing Zoning -- lownshi}� 0 RUR2(Rural Residential Two) 0 PJRU(Agricultural/Rural) $Ub}0Gt Lands Proud Heritage,Exciting Future EP(Environmental Protection) 0 MAR2(Mineral Agregate Resource Two) 0 400 inn File Number:2021-6-02 N Development Services November 3, 2021 Report No. DS2021-163 Page 12 of 16 Page 325 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent A... Schedule 6: Lake Simcoe Region Conservation Authority correspondence dated March 8, 2021 Fr=_-m; L-�wgFilson To; Josh h1ce=in tiubject RE:1�uids cleat re: tensed bouAa__ ::just e-,t 363 Line 12 Noah,Cku- edarAe Date: Mond-(yr March Er 2021 4 24e05 F`. Hi Jc _. I spoke to Kate Lillie about the property and we are in general agrEemert regardingthe 30 metre setback approach.This would require a rezoning to restric ary development 3C metres from the natural heritage features. I would like to know if there has bleen any progress regarding the County and Towrshiq's views on the severance of a prime agricul ure lot. I have confidence that the natural heritage issues can be addressed through the rezoning- Shawn Filson, MSc. Planner 1 Lake Simcoe Region Conservation Authority 120 Bayview Parkway, Newmarket,OntarioL3Y3W3 Cell 1-24-9-288-1356 Office:905-895-1281,ext-229 1 1-&X)-65-M7 I s_filson LSRCA_on.ca I wrww.LSRCA_ori.ca Please note:the LSRCA Beard,of Directors approved a change to our Fee Policy-The new fees will take effect on January 1,2021. Please click here for the new fee schedule. Development Services November 3, 2021 Report No. DS2021-163 Page 13 of 16 Page 326 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent A... Schedule 6 (Continued): Lake Simcoe Region Conservation Authority correspondence dated October 27, 2021 From:Shawn Filson<S.FiIsonRIsrca.on.ca> Sent:October 27,2021 1:26 PM To:McLean,Catherine<cmclean(Qono-rnedonte.ca> Subject:RE:2D21-&02(North) Hi Catherine, I think because your EP zoning includes the 30 metre setback from the zoning boundary,this should satisfy our natural heritage concerns. Shaven Filson,MSc. Planner 1 Lake 5imcoe Region rCGnsenration Authority 120 Bayview Parkway, Newmarket,Ontario UY3W3 Cell:1-905-955-0247 Office:905-895-1281,ext.229 1 1-800-455-0437 1 s,filson(g)LSRCA.on.ca I www.LSRCA.on.ca Please note:the L5RCA Board of Directors approved a change to our Fee Policy.The new fees will take effect on April 1,2021. Please click here for the new fee schedule. Development Services November 3, 2021 Report No. DS2021-163 Page 14 of 16 Page 327 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re, Consent A... Schedule 7: County of Simcoe Comments dated February 5, 2021. County of Sirnaae Main Line(705)726-gaDO �pR`,rrsg� r Planning deparhnent Tall Free(865)893-9300 1 � 91111)Hiway 26, Fax Rg5}77276 PLANNING Midhurst,Cniarin L9X 1W simcne-ea , dow February 5, 2021 "ALA EMAIL** Andy Karaiskakis Secretary-Treasurer Tov nship of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL 2EO Subject: County Comments regarding Consent Application 2021-8-02 County Files: OM-13-2102 Location: 363 Line -12 North 0-wner,Applicant: Bruce North Mr- Karaiskakis, Thank you for circulating the County regarding the above-noted application- County Planning staff understand that the applicant its proposing a consent to sever for the purpose of a lot boundary adjustment. The application proposes to sever approximately 11.3 hectares from 363 Line '12 North and add it to a vacant property directly to the south with a present lot area of 0.4 hectares. Parcel# 1 would have a lot area of approximately 11-7 hectares and the retained lands -would have a lot area of 29.6 hectare's and contain an existing dwelling and agricultural buildings. Upon review of the application County Planning staff would like to offerthe following comments. Planning Comments The subject lands are designated Agricultural and Greenlands; per Schedule 5-1 — Land We De gnations to the Simcoe County Official Plan {SCOP}- The subject lands are located within the prime agricultural area of the agricultural system for the Greater Golden Horseshoe- The intention of prime agricultural areas is to protect land for long-term agricultural use- Section 2-3-4.1 of the Provincial Policy'Statement(PPS 2420)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_ Section 2-3-4-2 states that lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. Legal or technical reasons means severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a naw lot- The Simcoe Counter Of icial plan (SCCP) is consistent with the PPS and identifies that lot creation is discouraged in the Agricultural designation and may only be permitted for agricultural uses, agriculturakrelated uses, a residence surplus to a farming operation as a result of farm consolidation, and infrastructure. Lots for agricultural uses should not be less than 40 hectares or the original :purvey lot size, and the proposal does not meet this requirement. Although the application does not propose the creation of a new, additional lot, it is Counter staffs opinion that the proposed boundary adjustment is not minor in nature as it wound result in two undersized agricultural lots. Page i of 2 Development Services November 3, 2021 Report No. DS2021-163 Page 15 of 16 Page 328 of 340 Ta) DS2O21-163, Catherine McCarroll, Intermediate Planner re, Consent A... VMwolft County of Simcoe Main Line(705)726-9300 }]�,CCKNsYO Planning department Toll Free(bid)893-03CC R +� 111�Hiruay ., Fax(;Ora)727276 PLAHNthlii t i, Whumt.C)ntaeio L91X 9NG sfi cne_ca i+ The proposed consent to create an undersized parcel in the Agricultural designation is not consistent with the Provincial Policy Statement and does not conform -with the County Official Plan_ Based on the above, County Planning staff cannot support the application. uS u mmary County staff trust these comments-will assist in ensuring Committee's decision is consistent with provincial policy and conforms to other applicable plans_ Please circulate the county vdth the Notice of Decision on this application:.. If you have any questions, please do not hesitate to contact me_ Sincerely, The Corporation of the County of Simcoe Anna Dankerich Planner IY P: 705-726-9300 A970 E: anna.dankawich-;d�sirncoe.ca cc: Dan Aemadb,Manager of Planning—country of Sirncoe Page 2 of 2 Development Services November 3, 2021 Report No. DS2021-163 Page 16 of 16 Page 329 of 340 Ta) DS2O21-163, Catherine McCarroll, Intermediate Planner re: Consent A... From: Shawn Filson <S.Filson@Isrca.on.ca> Sent: October 27, 2021 1:26 PM To: McLean, Catherine<cmclean@oro-medonte.ca> Subject: RE: 2021-B-02 (North) Hi Catherine, I think because your EP zoning includes the 30 metre setback from the zoning boundary, this should satisfy our natural heritage concerns. Shawn Filson, MSc. Planner 1 Lake Simcoe Region Conservation Authority 120 Bayview Parkway, Newmarket, Ontario L3Y 3W3 Cell: 1-905-955-0247 Office: 905-895-1281,ext. 229 1 1-800-465-0437 s.filson@LSRCA.on.ca I www.LSRCA.on.ca Please note: the LSRCA Board of Directors approved a change to our Fee Policy. The new fees will take effect on April 1, 2021. Please click here for the new fee schedule. Page 330 of 340 Ta) DS2021-163, Catherine McCarroll, Intermediate Planner re: Consent A... From: Amadio, Dan <Dan.Amadio@simcoe.ca> Sent: October 28, 2021 10:31 PM To: McLean, Catherine<cmclean@oro-medonte.ca> Subject: RE: 2021-B-02 (North) Hi Catherine, The County's previous comments remain valid. Although it is recognized that the proposed zoning amendment may assist with protection of the watercourse, the result of the application will still be land division of a farm parcel that is currently greater than 40 hectares. In doing so the outcome will be the creation of two undersized agricultural parcels. Consent applications that result in undersized farm parcels within the prime agricultural area are not permitted by County policy, and is not consistent with Provincial Policy. Best regards. Dan Amadio, MCIP, RPP Manager of Planning County of Simcoe, Planning Department Phone: 705.726.9300 ext.1005 Email: dan.amadio(c)-simcoe.ca www.simcoe.ca Page 331 of 340 Figure re 1 November 3, 2021 Development Services Cttee g k - tC�ai i�i /IcCarr�Jl� �is rf ut��i tt e� mer re- Consent A... yy y Bluffs Creek Wetland (©M14) J�- c 363 Line 12 North t B ffs Creek Wetland (OM14), �� { e \ tlr �%77 - tlt — This map,either in whole-in part,may not he reproduced without the written authority from 9 The Corporation of the County of Simroe. (Y7UN7Y OF This map is intended for personal use,has been produced using data from a variety of sources (ti�' `�o�` and may not be current or accurate. O 0.125 0.25 0.5 km J A Produred(in part)under lirense from: 9 Her Majesty the Queen in Right of Canada,Department of Natural Resources:an �� 9 Queens Printer,Ontario hdittryof Natural Resources: 1.9,028 Page 332 of 340 9 Ten—et Enterprises Inc. d its suppliers: 0)Members of the Ontario Oeospatial Data Ecchange. January 7,2021 All rights reserved.THIS IS NOT A PLAN OF SURVEY. Ta) DS202143, Cattier e McCar II, Irgerm�diate Planner re: Consent A... gure Z - 'r0posec �ot Fabric r .a 1 i r This map,either in whole or in part,may not be reproduced without the written authority from©The Corporation of the County of Simcoe. This map is intended for personal use,has been produced r rayY+,�e�r,i�-u� using data from a variety ofsources and may not be current or fy �y ��y�y �ym1�,{,� j �F accurate. Produced(in part)under license from:©Her Majesty the V 0 00 0 *�. O Queen in Right of Canada,Department of Natural Resources: Queens Printer,Ontario Ministry of Natural Resources:©Teranet 1 : 7,167 Page 333 of 340 Nov 2,2021 7.b) DS2021-170, Danielle Waters, Planner re: Request for Temporary Trai... township cif Report ,O Fraud Heritage, Exciting Future Report No. To: Development Services Prepared By: DS2021-170 Committee Danielle Waters, Planner Meeting Date: Motion # November 3, 2021 Subject: Request for Temporary Roll #: Trailer at 595 Old Coldwater Road R.M.S. File #: 4346-020-004- by Matthias Meyer D00 21806 Recommendation(s): Requires Action For Information Only It is recommended- 1 . That Report No. DS2021-170 be received and adopted. 2. That Committee authorizes the request of Matthias Meyer, to temporarily reside in a trailer on the property at 595 Old Coldwater Road, which is to be removed after the completion of their new dwelling to a maximum of twelve (12) months from the time of issuance of the permit for the new dwelling. 3. That the appropriate by-law authorizing the temporary agreement be brought forward for Council's consideration. 4. That the applicant be advised of Committee's decision under the Director, Development Services signature. Background: The subject property is 21 .89 hectares (54.09 acres), and is located on the north east side of Highway #12 (See Attachments #1 and #2). The applicant is proposing the construction of a new single detached dwelling, however, living in a trailer is not permitted under the Township's Zoning By-law 97-95, as amended. The applicant is therefore requesting temporary permission from the Township to utilize a trailer as a temporary residence, while construction of the new dwelling is being completed. A timeline of one year is being proposed. Analysis: The Township has historically allowed owners to temporarily reside in their existing dwelling or a trailer during construction of the new dwelling and allow for a building permit to be issued for the new dwelling. This practice has been followed contrary to the Development Services November 3, 2021 Report No. DS2021-170 Page 1 of 5 Page 334 of 340 TownshiscPiar-lal79�hPPIdlQll (6rq) 'viA@rp {��ei� rTl�4orary Trai... 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 owner which ensures compliance after the new dwelling is complete. The applicant will be required to submit their cheque for $2,500.00 as the security deposit to ensure the removal of the trailer upon obtaining occupancy of the trailer, before the building permit for the dwelling will be issued. As the applicant is required to post securities for $2,500.00 to ensure the removal of the original dwelling, it is anticipated that the applicant will expedite the new dwelling construction in order to have their securities returned expeditiously. The proposed trailer is a McKenzie Park Model Trailer CSA Z241-SERIES. 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: Enhanced Customer Service — Provision of service to permit landowners to reside in a temporary trailer while their new dwelling is being constructed. Consultations: Landowner Chief Building Official Attachments: Attachment # 1 - Location Map Attachment # 2 —Aerial Photo Attachment # 3 - Agreement Development Services November 3, 2021 Report No. DS2021-170 Page 2 of 5 Page 335 of 340 7.b) DS2021-170, Danielle Waters, Planner re: Request for Temporary Trai... Conclusion: Approval of the attached agreement to permit the landowner to use a trailer for a twelve- month period while the new dwelling is being constructed is considered appropriate and should be authorized. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Derek Witlib, Manager, Planning Services October 25, 2021 Andria Leigh, Deputy CAO/Director, Development Services October 25, 2021 Attachment #1 — Location Map EP A/RU EP A!RU AIRU Development Services November 3, 2021 Report No. DS2021-170 Page 3 of 5 Page 336 of 340 AttachrnZrOWS iItA4�t&)anielle Waters, Planner re: Request for Temporary Trai... IR E� X r A � M Development Services November 3, 2021 Report No. DS2021-170 Page 4 of 5 Page 337 of 340 AttachmZrOWSAgg 66AZpt Danielle Waters, Planner re: Request for Temporary Trai... Schedule "A" to By-law No. 2021-111 AGREEMENT In consideration of receiving a building permit from the Township of Oro-Medonte, I, Matthias Meyer, of the Township of Oro-Medonte in the County of Simcoe, covenant and agree as follows: 1. That I am the registered owner of Concession 14 East 1/2 Part Lot 3 RP 51 R37767 Part 1 (Medonte), Township of Oro-Medonte, being more particularly described as 595 Old Coldwater Road. 2. That I 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 new dwelling is under construction on those same lands, wherein such procedure is not provided for under the provisions of the Township of Oro- Medonte's Zoning By-law as amended. 3. That I hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted for a term of one year from permit issuance or until completion of the proposed new dwelling, whichever is the lesser period of time; and, b) That on completion of the new dwelling, 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$2,500.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the certified funds at its sole discretion. 5. That I hereby agree to the terms and conditions set out above. 6. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. 7. 1 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 November 3, 2021 Report No. DS2021-170 Page 5 of 5 Page 338 of 340 7.c) Andria Leigh, Deputy CAO/Director, Development Services re. Appoint... Verbal Matters -7� (Section 13.3 of Township's 0�' °f Procedural By-Law No. 2017-165) Proud Heritage,Exciting Future Name: Andria Leigh, Deputy CAO/Director, Development Services Item Number/Name: 7(c) —Appointment of Deputy Secretary-Treasurer Meeting Date: November 2, 2021 Motion No.: Type of Meeting: ❑ Council ❑ Special Council �X Development Services Committee ❑ Accessibility Advisory Committee ❑ Heritage Committee ❑ Human Resources Committee Speaking Notes: • Andria Leigh advised the DS Committee that Section 44 of the Planning Act requires the passing of a by-law by a municipality appointing a Committee of Adjustment, most recently the Township adopted By-law 2021-012 on January 27, 2021, to constitute and appoint a Development Services Committee with authority for various applications under the Planning Act • Additionally Section 44 subsection 8 requires the Committee to appoint a Secretary- Treasurer who is responsible for records of all applications, notice of all hearings and decisions, and ensuring compliance with all decisions of the Committee • In January 2018 a motion was endorsed by Council that appointed Andy Karaiskakis as the Secretary-Treasurer for the Development Services Committee, the Senior planner's position includes a requirement to execute the duties of the Secretary-Treasurer for the Committee • Mr. Karaiskakis has been completing these ST duties since 2017 in both the ST role and previously the Deputy ST role Page 339 of 340 7.c) Andria Leigh, Deputy CAO/Director, Development Services re. Appoint... Verbal Matters -7� (Section 13.3 of Township's Procedural By-Law No. 2017-165) Proud Heritage,Exciting Future • In 2018 Mr. Derek Witlib was also appointed the Deputy Secretary-Treasurer role in order to fulfill the duties as outlined through the Planning Act in the absence of the Secretary-Treasurer • The Intermediate Planner job requirements include being the Deputy Secretary- Treasurer and assuming the duties of the ST in their absence. • In the fall of 2020 Catherine McCarroll assumed the Intermediate Planner position, however with new duties and transition requirements for other staff, Mr. Witlib remained the deputy ST • During 2021 Ms. McCarroll has worked with Mr. Karaiskakis on learning and completing the ST duties identified in the job requirements and is now in a position to assume the Deputy ST role from Mr. Witlib • A motion is required form the DSC to appoint Catherine McCarroll as the deputy ST • Mr. Karaiskakis will remain in the ST role in accordance with the 2018 appointment Page 340 of 340