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01 17 2024 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Hybrid Meeting Township of Proud Heritage,Exciting Future Wednesday, January 17, 2024 5:30 p.m. 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. Residents and business owners are encouraged to continue to utilize on line and telephone services for Township related business; and staff continue to be available to provide assistance by telephone, email and in person. 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. In-person attendance at public meetings is also available. Protocols have been established to advise how to electronically participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Participation Form Protocols for Public Participation Council and IDS 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. Page 1. Opening of Meeting: The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Page 1 of 232 M6tis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 17 a) Minutes of Development Services Committee meeting held on Wednesday, December 6, 2023. 12 06 2023 Development Services Committee Minutes 5. Public Meetings: 18 - 37 a) 5:30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro- Medonte, 945 Line 12 North and are described as Concession 13, West Part Lot 13 (Oro), 2023-ZBA-16 (Langman and Consent Application, Notice of Public Hearing, Concession 13, West Part Lot 13 (Oro), 2023-B-18 (Langman). Notice of Receipt of Complete App PM (2023-ZBA-16) Langman Notice of Public Hearing (2023-B-18) Langman 5a Presentation 6. Public Hearings: 38 - 72 a) 5:45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Minor Variance Application 2023-A-52, Rosalie Dawson & Shayne Pierce, 169 Shoreline Drive. DS2024-008 6a Presentation 73 - 103 b) 5:55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Minor Variance Application 2023-A-54, Miroslawa & Stefan Merena, 77 Shoreline Drive. DS2024-009 Page 2 of 232 6b Presentation 104 - 125 c) 6:05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services, re: Minor Variance Application 2023-A-55, Brenda Houben, 2024 Line 6 North. DS2024-010 6c Presentation 126 - 149 d) 6:15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services, re: Minor Variance Application 2023-B-21, Dawn Chapman, 6414 Line 3 North & 5253 Vasey Road. DS2024-007 6d Presentation 7. Reports of Municipal Officers: 150 - 163 a) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment Application 2023-ZBA-13, Heidi Meirovich, 2 Ward Avenue [Refer to Item 5c) 01 17 2024 Council Agenda]. DS2024-006 164 - 169 b) DS2024-001, Danielle Waters, Planner re: Temporary Trailer Agreement, 880 Warminster Sideroad, Michael Mills [Refer to Item 5a) 01 17 2024 Council Agenda]. DS2024-001 170 - 186 c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-33, David Tomingas, 2249 Lakeshore Road East. DS2024-013 187 - 214 d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning By- law Amendment Application 2023-ZBA-09, Wes Reynolds, 72 Line 9 North [Refer to Item 5d) 01 17 2024 Council Agenda]. DS2024-012 215 - 232 e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-09, Yuling Meng, 1021 Lakeshore Road East. DS2024-014 8. Next Meeting Date: Wednesday, February 7, 2024. 9. Adjournment: a) Motion to Adjourn. Page 3 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte �~ Development Services Committee Minutes (W Township of Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, December 6, 2023 5:30 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard Councillor David Clark Councillor Robert Young Regrets: Councillor Richard Schell Staff George Vadeboncoeur, Interim Director, Development Services; Andy Present: Karaiskakis, Manager, Planning Services; Catherine McCarroll, Senior Planner, Danielle Waters, Planner; Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Patrick Howse, Information Technology Technician (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Deputy Mayor Lavoie assumed the Chair at the above noted time and called the meeting to order. He then read the Township's land acknowledgement. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect Page 1 of 14 Page 4 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC231206-1 Moved by Young, Seconded by Clark It is recommended that the agenda for the Development Services Committee meeting of Wednesday, December 6, 2023 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, November 1 , 2023. Motion No. DSC231206-2 Moved by Greenlaw, Seconded by Bard It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, November 1 , 2023 be received and approved as printed and circulated. Carried. Page 2 of 14 Page 5 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. 5. Public Meetings: a) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 5 Part West 1/2 Lot 11 ;51 R18407 Part 3 (Medonte), 2023-ZBA-14 (Sare). Deputy Mayor Lavoie called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Alfred and Barbara Sare. The following correspondence was received: Hiawatha First Nation dated November 17, 2023; Township of Oro-Medonte, Building Division dated November 20, 2023; Enbridge dated November 29, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Pam Consoli, agent on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. 7. Reports of Municipal Officers for Action: a) DS2023-087, Danielle Waters, Planner re: Zoning By-law Amendment 2023-ZBA-14, Alfred and Barbara Sare Concession 5 Part West 1/2 Lot 11 ; 51 R18407 Part 3 (Medonte) [Refer to Item 5a) 12 06 2023 Council Agenda]. Motion No. DSC231206-3 Moved by Clark, Seconded by Hutcheson It is recommended 1 . That DS2023-087, Danielle Waters, Planner re: Zoning By-law Amendment 2023- ZBA-14, Alfred and Barbara Sare Concession 5 Part West 1/2 Lot 11 ; 51 R18407 Part 3 (Medonte) be received and adopted. 2. That Zoning By-law Amendment Application 2023-ZBA-14 by Alfred and Barbara Sare, specifically to rezone the subject lands from Agricultural Rural Exception 96 (A/RU*96) Zone to Agricultural/Rural Exception 350 (A/RU*350) Zone on the lands Page 3 of 14 Page 6 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. located at Concession 5 Part West 1/2 Lot 11; 51 R18407 Part 3 (Medonte), Township of Oro-Medonte be approved. 3. That the appropriate draft by-law be brought forward for Council's consideration. 4. That the applicant be advised of the Committee's decision under the Interim Director, Development Services' signature. Carried. b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planning Division Activity Summary (Development Applications, Planning, GIS, and Heritage Committee Projects) September 2022 - December 2023. Motion No. DSC231206-4 Moved by Greenlaw, Seconded by Young It is recommended that DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planning Division Activity Summary (Development Applications, Planning, GIS, and Heritage Committee Projects) September 2022 - December 2023 be received for information purposes and posted on the Township's website. Carried. c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Application 2023-B-02, Sherry & Donald Hubbert, 404 Ridge Road East. Motion No. DSC231206-5 Moved by Bard, Seconded by Clark It is recommended 1 . That DS2023-098, Catherine McCarroll, Senior Planner re: Consent Application 2023-B-02, Sherry & Donald Hubbert, 404 Ridge Road East be received and adopted. 2. That Consent Application 2023-B-02 by Sherry & Donald Hubbert, to permit a boundary adjustment having a lot frontage of approximately 65.0 metres (213.3 feet), a lot depth of approximately 152.0 metres (498.7 feet) and an area of approximately 1 .0 hectares (2.5 acres) to be added to the property located at 400 Ridge Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2023-098. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4of14 Page 7 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. 5. Public Meetings: b) Public Meeting/Public Hearing: Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 7 Part Lot 20 (Oro), 2023-ZBA-15 (Farova Investments Ltd.) and Consent Application, Notice of Public Hearing, Concession 7, Part Lot 20 (Oro), 2023-B-14 & 2023-B-15, Farova Investment Ltd. Deputy Mayor Lavoie called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Fabian Papa. The following correspondence was received: Ministry of Transportation dated November 14, 2023; Township of Oro-Medonte, Operations Division dated November 14, 2023; Enbridge dated November 16, 2023; Township of Oro-Medonte, Building Division dated November 23, 2023; County of Simcoe, Planning Department dated December 4, 2023; Scotty's Excavator Service dated December 5, 2023. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Opani Mudalige, agent on behalf of the applicant, was present. Fabian Papa, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. 14W Page 5 of 14 Page 8 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. 6. Public Hearings: a) DS2023-094, Danielle Waters, Planner re: Minor Variance Application 2023-A-48, Mickeal & Elizabeth LeDuc, 4748 Line 6 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Mickeal & Elizabeth LeDuc. The following correspondence was received: Hiawatha First Nation dated November 10, 2023; Nottawasaga Valley Conservation Authority dated November 15, 2023; Township of Oro-Medonte, Building Division dated November 23, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Mickeal LeDuc, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231206-6 a. Moved by Clark, Seconded by Greenlaw It is recommended 1 . That DS2023-094, Danielle Waters, Planner re: Minor Variance Application 2023-A- 48, Mickeal & Elizabeth LeDuc, 4748 Line 6 North be received and adopted. 2. That Minor Variance Application 2023-A-48 by Mickeal & Elizabeth LeDuc specifically for permission to construct an addition to the existing single detached dwelling for the purposes of creating an accessory apartment unit with an increased floor area of 109.25 sq.m. (1 ,176.0 sq.ft.) on lands municipally known as 4748 Line 6 North, be approved, subject to the conditions as outlined in DS2023-094. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 14 Page 9 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. b) DS2023-095, Danielle Waters, Planner re: Minor Variance Application 2023-A-49, James Colville and David St. Amand, 17 Glacier Crescent. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by David St Amand. The following correspondence was received: Township of Oro-Medonte, Operations Division dated November 10, 2023; Hiawatha First Nation dated November 10, 2023; Township of Oro-Medonte, Building Division dated November 23, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. James Brett Colville, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231206-7 Moved by Hutcheson, Seconded by Young It is recommended 1 . That DS2023-095, Danielle Waters, Planner re: Minor Variance Application 2023-A- 49, James Colville and David St. Amand, 17 Glacier Crescent be received and adopted. 2. That Minor Variance Application 2023-A-49 by James Colville and David St. Amand, specifically for permission to permit a detached accessory building with an increase in floor area to 129.3 sq.m. (1 ,392.0 sq.ft.) on the lands municipally known as 17 Glacier Crescent, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2023-095. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 14 Page 10 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. c) DS2023-100, George Vadeboncoeur, Interim Director, Development Services re: Minor Variance Application 2023-A-50, Liana Di Marco and Gino Rovazzi, 17 Pine Ridge Trail. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Liana Di Marco. The following correspondence was received: Township of Oro-Medonte, Operations Division dated November 10, 2023; Township of Oro-Medonte, Environmental Services Division dated November 17, 2023; Township of Oro-Medonte, Building Division dated November 23, 2023. George Vadeboncoeur, Interim Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Liana Di Marco, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231206-8 , Moved by Hutcheson, Seconded by Clark It is recommended 1 . That DS2023-100, George Vadeboncoeur, Interim Director, Development Services re: Minor Variance Application 2023-A-50, Lina Di Marco and Gino Rovazzi, 17 Pine Ridge Trail be received and adopted. 2. That Minor Variance Application 2023-A-50 submitted by Liana Di Marco and Gino Rovazzi specifically for permission to create a basement apartment dwelling unit in a single detached dwelling of approximately 177.1 square metres (1 ,906 square feet) in size on lands municipally known as 17 Pine Ridge Trail, Township of Oro- Medonte, be approved subject to the conditions as outlined in DS2023-100. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 14 Page 11 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. d) DS2023-101 , George Vadeboncoeur, Interim Director, Development Services re: Minor Variance Application 2023-A-51 , Edward Loveless, 323 Scarlett Line. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Edward Loveless. The following correspondence was received: Township of Oro-Medonte, Operations Division dated November 16, 2023; Township of Oro-Medonte, Building Division dated November 23, 2023. George Vadeboncoeur, Interim Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Edward Loveless, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231206-9 Moved by Young, Seconded by Bard It is recommended 1 . That DS2023-101 , George Vadeboncoeur, Interim Director, Development Services re: Minor Variance Application 2023-A-51 , Edward Loveless, 323 Scarlett Line be received and adopted. 2. That Minor Variance Application 2023-A-51 submitted by Edward Loveless specifically for permission to create a basement apartment dwelling unit in a single detached dwelling of approximately 135 square metres (1 ,453.2 square feet) in size on lands municipally known as 323 Scarlett Line, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2023-101 . 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 14 Page 12 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. e) DS2023-096, Danielle Waters, Planner re: Minor Variance Application, 2023-A-53, Derek and Egle Vair, 11 Pemberton Lane. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Derek Vair. The following correspondence was received: Township of Oro-Medonte, Operations Division dated November 20, 2023; Township of Oro-Medonte, Building Division dated November 23, 2023; Lake Simcoe Region Conservation Authority dated November 29, 2023; Christopher Guest dated November 22, 2023; Joseph Khunaysir dated November 23, 2023; Sara and Harold Springer dated December 4, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Andrew Deane, agent on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231206-10 j Moved by Greenlaw, Seconded by Hutcheson It is recommended 1 . That DS2023-096, Danielle Waters, Planner re: Minor Variance Application, 2023- A-53, Derek and Egle Vair, 11 Pemberton Lane be received and adopted. 2. That Minor Variance Application 2023-A-53 by Derek and Egle Vair specifically for permission to construct a single detached dwelling with a reduced setback to the average high water mark of Lake Simcoe, reduced setback from slope, reduced setback from a watercourse, reduced exterior and interior side yard on the lands municipally known as 11 Pemberton Lane, Township of Oro-Medonte, be approved subject to the conditions outlined in DS2023-096. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 14 Page 13 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. f) Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-16 by Bruce North - 10 Line 12 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Bruce North. The following correspondence was received: Ministry of Transportation dated November 14 and 23, 2023; Township of Oro-Medonte, Operations Division dated November 14, 2023; Enbridge dated November 16, 2023; Lake Simcoe Region Conservation Authority dated November 21 , 2023; Township of Oro-Medonte, Building Division dated November 23, 2023; County of Simcoe, Planning Department dated November 28, 2023. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Lauren Arsenault, agent on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231206-11 Moved by Bard, Seconded by Greenlaw It is recommended 1 . That the information presented by Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-16 by Bruce North - 10 Line 12 North be received. 2. That Consent Application 2023-B-16 by Bruce North - 10 Line 12 North be deferred at the request of the applicant. Carried. Page 11 of 14 Page 14 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. g) DS2023-102, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-17 by 2520309 Ontario Inc. (Bruce North), 159 Line 11 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Bruce North. The following correspondence was received: Ministry of Transportation dated November 14, 2023; Township of Oro-Medonte, Operations Division dated November 14, 2023; Enbridge dated November 16, 2023; Lake Simcoe Region Conservation Authority dated November 21 , 2023; Township of Oro-Medonte, Building Division dated November 23, 2023; County of Simcoe, Planning Department dated November 28, 2023. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Lauren Arsenault, agent on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231206-12 Moved by Clark, Seconded by Young It is recommended 1 . That DS2023-102, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-17 by 2520309 Ontario Inc. (Bruce North), 159 Line 11 North be received and adopted. 2. That Development Services Committee grant provisional consent to Consent Application 2023-B-17 by 2520309 Ontario Inc. (Bruce North), pertaining to lands located at 159 Line 11 North, Township of Oro-Medonte, to create a new lot having a lot area of approximately 0.5 hectares (1.2 acres) and a lot frontage of approximately 48.0 metres (157.4 feet) containing a dwelling that is surplus to the applicant's consolidated farm operation, subject to the conditions as outlined in DS2023-102. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 12 of 14 Page 15 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. h) DS2023-093, Catherine McCarroll, Senior Planner re: Consent Application 2023-B-19, Danielle Devitt, Joran Johannessen, Nicholas Johannessen & Jennifer Johannessen, 4662 Line 6 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Danielle Devitt, Joran, Nicholas and Jennifer Johannessen. The following correspondence was received: Township of Oro-Medonte, Operations Division dated November 10, 2023; Hiawatha First Nation dated November 10, 2023; Enbridge dated November 15, 2023; Nottawasaga Valley Conservation Authority dated November 21, 2023; Township of Oro-Medonte, Building Division dated November 23, 2023; County of Simcoe, Planning Department dated November 29, 2023. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Danielle Devitt, applicant, was present. Catherine Devitt, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231206-13 Moved by Hutcheson, Seconded by Bard It is recommended 1. That DS2023-093, Catherine McCarroll, Senior Planner re: Consent Application 2023- B-19, Danielle Devitt, Joran Johannessen, Nicholas Johannessen & Jennifer Johannessen, 4662 Line 6 North be received and adopted. 2. That Consent Application 2023-B-19 by Danielle Devitt, Joran Johannessen, Nicholas Johannessen & Jennifer Johannessen, to create an agricultural lot on the lands, consisting of a severed parcel having an area of approximately 46.1 hectares (113.9 acres) and a frontage of approximately 308.0 metres (1,010.5 feet) on Line 5 North and a frontage of 126.0 metres (413.4 feet) on Line 6 North and a retained parcel having a lot area of approximately 40.5 hectares (100.1 acres) and a frontage of approximately 535.0 metres (1,755.2 feet) on Line 6 North, be approved subject to the conditions as outlined in DS2023-093, as amended, to. 3. That Consent Application 2023-B 20 by Danielle Devitt, Joran Johannessen, Nicholas Johannessen and Jennifer Johannessen be deferred at the request of the applicants. 4. That the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Page 13 of 14 Page 16 of 232 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, December 6, 2023. Carried. 8. Next Meeting Date: To Be Confirmed. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC231206-14 Moved by Young, Seconded by Greenlaw It is recommended that we do now adjourn at 8:32 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Manager, Planning Services; Secretary- Treasurer, Andy Karaiskakis Page 14 of 14 Page 17 of 232 5.a) 5:30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for 0 Proposed Amendment to the Zoning By-law of laved I/niiMr.F,+dtlwt F.....,. the Township of Oro-Medonte 2023-ZBA-16 (Peter Langman) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 111 day of November, 2023. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on January 17, 2024 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are located at 945 Line 12 North and are described as Concession 13, West Part Lot 13 (Oro). A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone the applicant's lands from Agricultural/Rural (A/RU)Zone and Mineral Aggregate Resource Two (MAR2)Zone to Agricultural/Rural Exception (A/RU*)Zone and Mineral Aggregate Resource Two Exception (MAR2*)Zone to prohibit new residential uses on the retained lands. This Zoning By-law Amendment Application has been submitted in conjunction with Consent Application 2023-B-18. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ning(cDoro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planninq(coro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made Page 18 of 232 5.a) 5:30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... available through the agenda process which includes publication on the Township's website. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused,the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal(OLT)and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal,there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Brent Spagnol, Director, Development Services plan ning(@oro-medonte.ca Dated at the Township of Oro-Medonte this 19"'day of December, 2023. Location Map 1 I i iI /Q Subject Lands I� Page 19 of 232 5.a) 5:30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... Applicant's Severance and Rezoning Sketch 945 Line 12 North r f..E. i: F+ +l V' LANDS TO BE RETAINED&REZONED I TO PROHIBIT LANDS TO BE RESIDENTIAL USES i' SEVERED - + L. 60, y t, i- • t, Page 20 of 232 5.a) 5:30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... The Corporation of The Township of Oro-Medonte 148 Line 7 S, Oro-Medonte, ON, LOL 2EO, 705-487-2171, www.oro-medonte.ca December 19, 2023 Consent Application Notice of Public Hearing Hearings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Hearings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public hearings. Please refer to the Township's website (oro- medonte.ca)for Public Hearing viewing and participation information. Hearing Date: January 17, 2024 Time: 5:30 PM Hearing Township of Oro-Medonte Council Chambers Location: 148 Line 7 South, Oro-Medonte ON LOL 2E0 Application: 2023-B-18 Owner/Applicant: Peter Langman Location: 945 Line 12 North Purpose: The purpose of Consent Application 2023-B-18 is the creation of a new lot through the severance of a dwelling described as surplus to a consolidated farming operation. The details of the proposed consent(severance) are: Lands to be Severed: Lands to be Retained: Fronta e: Approx. 67.0 m. 219.8 ft. Approximately 364.0 m. 1,194.2 ft. De the Approximately 170.0 m. 557.7 ft. Approximately 670.0 m. 2,198.1 ft. Area: Approximately 1.2 ha. 3.0 ac. Approx. 35.0 ha 86.4 ac. Use: Continued Residential Continued Agricultural This application has been submitted along with related Zoning By-law Amendment Application 2023-ZBA-16. Location Map: i z I i ®Subject Lands Page 21 of 232 5.a) 5:30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... Application: 2023-B-18 Notice of Public Hearing Page 2/3 Have Your Say: Input on the application is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro- medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to planning(a,oro-medonte.ca prior to or during the Public Hearing; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the hearing on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process, which includes publication on the Township's website. The applicant, the Minister or a specified person or public body may submit an appeal of the decision to the Ontario Land Tribunal (OLT). If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the application, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Attn: Secretary-Treasurer, Development Services planninW( oro-medonte.ca More Information: For further information, please contact the Secretary-Treasurer during regular office hours Monday to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on January 12, 2024 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. Andy Karaiskakis Secretary-Treasurer Applicant's Consent Sketch t.. LANDS TO BE RETAINED&REZONED TO PROHIBIT LANDS TO BE RESIDENTIAL USES SEVERED Page 22 of 232 5.a) 5.30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... w CO l 00 CO N M O O CO N pp 'U M Q N 0 ) M cM Q z : M Q N_ ry � O Ln oLM • • Q � v i N 0O .� Q N � � O C) Page 23 of 232 5.a) 5.30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... 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U) IL m Li 0 Q Page 25 of 232 5.a) 5.30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... `s ` W o x' � o 3 'y W N E CM CO � N COO C%4 CO CO Q CV O Q CV - O U � - W M � O 00 U o o •� a O N '- a� a Page 26 of 232 5.a) 5.30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... `s ` W o x' � o 3 'y W N E CM COC- N � O naln N J W CO - - M _� 4 N O 14 W � a ti■ W 4 a M U) O 0o U ._ o .� C O 4-A � xV _ W L IJ1�1 Page 27 of 232 5.a) 5.30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... 4r `4 W a � ^ J Q � � N � a M •� N J � >+ CO 44 C 6 � 0 I e � M U ' U CO N CDL O Q N � O Q J M cn ._ >, 0 0 16- 0o U MZF�y❑ - � m a CL L ■_ Q d 0 0 N C 3 Page 28 of 232 5.a) 5.30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... `s CO w 4 'A a 3 W N � CO - O J N CO O � C6 m U W '— M Z C oW � N y W ■ ■ W G? e6 - 4 p s oomF Q N y Nz0W /w��+ oa� o �I � W JKh1X O CI) E CO i � t O Q Q ,� r a� Ui ca cn a m .� 0 l- W U N -i U) C: C •� ca t� O '— N CL Page 29 of 232 5.a) 5.30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... `s W o x' � o 3 'y COI I N■YL'auR kr 9kbauil N J O J N CO r , Ou N-O eu1� 41aui� C6 m W I� M + 1 Q 9 N °N24-au�� 5•a�4 til O Q N CO J U ii ■ ■ Ln M v) - a� O LM 00 O i0 C O L � N � U. n n 0 Page 30 of 232 5.a) 5.30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... a k r; W U) Q � J CM O J N O CO N U � � CAI ia Q N � Q M C- = N >' O 00 U - O -j M Page 31 of 232 5.a) 5:30 m. Publ ic Meeting/Public Hearing: Notice of Receipt of a Com... ► a W J � O \� 3 'y IP N ► N CO 0_ i CO N cn CDL O Q N � v (6 U J .N }1 m V� 1\ C 0 00 U N Page 32 of 232 / /Public Hearing: Notice of Receipt of a Com... O N W J x U CN CO o ` , O A U 1 CIO b Q CV O Q N � O � - o U r " O � { Page 33 of 232 5.a) 5.30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... Ilk `s f tC a a x Q T , aD .Cn N a� CO N C- � N ; CO •� M o N Q N � }, C— o 4-0 Q Q 4-1 � o N � M C o O cn J 'C: O . N Page 34 of 232 5.a) 5.30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... k 04 5Y5.. a N E - M C- o CO N J4-1 a� O CO m U cn CO N CDL O — Q N � +� C— O O � L Q 4-1 a� LU M cn O mU 0 N Page 35 of 232 5.a) 5.30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... W 71 4 Chi N � � O J .� N O_ CO � m o U CO Q CV l' Y• CO`\Vl C) 3 <3 L a� w M v� m O O N Page 36 of 232 5.a) 5.30 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... `s O (D 'U -U) W En O Cn Cn a) a Q _ O N E � � � o � C� C � N c� ca N CID O M ca U () 0O -> a) a) .� CO � a) a) CDO 0 L N " a) O .L -E O a) 4-0 Ua) E O E � o Q 4- 1 .O .V O O n • • U M cn ' w O cn o 00 () _0 M a) E E = O E O O a) " — U 'gin C: Q- O CL Q O M O Page 37 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: January 17, 2024 Report No.: DS2024-008 Subject: Minor Variance Application 2023-A-52, Rosalie Dawson & Shayne Pierce, 169 Shoreline Drive Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-008 be received and adopted. 2. That Minor Variance Application 2023-A-52 by Rosalie Dawson & Shayne Pierce specifically for permission to build a detached accessory building (garage) with an increase in height of 4.9 metres (16.0 feet) and an increase in floor area of 165.6 square metres (1,783.0 square feet) and build a 37.3 square metres (401.3 square feet) addition to the existing non-complying single detached dwelling located within the required 20.0 metres (65.6 feet) setback from the average high water mark of Lake Simcoe, on lands municipally known as 169 Shoreline Drive, Township of Oro-Medonte, be deferred to provide the applicants the opportunity to address Planning and Building Staff's comments. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 0.25 hectares (0.61 acres), according to MPAC records, and contains a single detached dwelling and a shed. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. Development Services January 17, 2024 Report No. DS2024-008 Page 1 of 19 Page 38 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... The applicants are proposing to build a detached accessory building (garage) and build an addition to the existing non-complying single detached dwelling. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.4 — Maximum Height Required: Proposed: 4.5 metres 14.7 feet 4.9 metres 16.0 feet Section 5.1.6 — Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) 1st floor: 113.2 square metres (1,218.0 square feet) 2nd floor: 52.5 square metres (565.0 square feet) Total: 165.6 square metres 1,783.0 square feet 5.16.1 b — Enlargement, repair or renovation of a non-complying building Required: Proposed: Does not increase the useable Proposing to build a 37.3 square meters (401.3 floor area in a required yard. square feet) addition to the existing non-complying single detached dwelling located within the required 20.0 metres (65.6 feet) setback from the average hi h water mark of Lake Simcoe. The applicant's site plan, elevation drawings and floor plans are included as Schedules 3, 4, 5 and 6 to this report. Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development will not impact the natural features or functions. Planning Staff is of the opinion that this application is consistent with the PPS. Development Services January 17, 2024 Report No. DS2024-008 Page 2 of 19 Page 39 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 — Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building and single detached dwelling addition are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "expansion to existing buildings or structures, accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory building and single detached dwelling addition will be located further from Lake Simcoe than the existing dwelling and they are not anticipated to have any adverse impact on the Lake Simcoe shoreline. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the application and indicated that the proposal is generally consistent and in conformity with the natural hazard policies of the applicable plans. On this basis, they have no objection to the approval of this application. They recommended that any approval of this application be subject to the following conditions: • That the Applicant/Owner shall prepare and complete a Planting Plan for the shoreline area, to the satisfaction of the LSRCA; • That the Applicant/Owner successfully obtain a permit from the LSRCA prior to development or site alteration. This will include the submission of a Coastal Engineering Report. The LSRCA's full comments can be found in Schedule 7 to this report. Development Services January 17, 2024 Report No. DS2024-008 Page 3 of 19 Page 40 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the proposed detached accessory building and single detached dwelling addition are associated with the permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan (2022). The Shoreline designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. The objectives of the shoreline areas are to: • ensure that the existing character of this predominately residential area shall be maintained; • ensure that new development on the undeveloped lands in the Shoreline designation is properly serviced with the appropriate water and sewage services; • ensure that all existing sewage systems are upgraded wherever possible; • the natural features of the shoreline area and the immediate shoreline shall be conserved and, where possible, enhanced; and, • ensure that the impacts of new development on the natural heritage features and areas, vegetation and groundwater resources in the area are minimized. Section C5.2 of the Township's Official Plan outlines the permitted uses within the `Shoreline' designation, which includes single detached dwellings and by extension accessory uses, such as detached garages. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build an addition to the existing single detached dwelling and a new detached accessory building which are permitted uses in the Development Services January 17, 2024 Report No. DS2024-008 Page 4 of 19 Page 41 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... Shoreline Designation, and they are not anticipated to conflict with the Official Plan's objectives to protect the natural features of the shoreline area. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. The applicants are proposing to build an addition at the front of the non-complying single detached dwelling. The existing single detached dwelling is non-complying as it does not meet the minimum required rear yard setback of 20.0 metres (65.6 feet) to the average high water mark of Lake Simcoe. Section 5.16.1 of the Township's Zoning By-law permits the enlargement, repair or renovation of non- complying buildings and structures provided that the enlargement, repair, replacement or renovation: a) "does not further encroach into a required yard or into the setback area from the average high water mark of 15 metres (49.2 feet) from Bass Lake or 20 metres (65.5 feet) from Lake Simcoe (see section 5.28); b) does not increase the useable floor area in a required yard. Crawlspace foundations are permitted provided the same does not allow for human habitation and that same foundation does not exceed 1.8 metres in total height; c) does not in any other way increase a situation of non-compliance; and, d) complies with all other applicable provisions of this By-law" (p. '54). The applicants have requested a variance from Section 5.16.1 (b) as they are proposing to build a 37.3 square metres (401.3 square feet) addition entirely within the required 20.0 metres (65.6 feet) setback from the average high water mark of Lake Simcoe. The Zoning By-law requires a minimum setback of 20.0 metres (65.6 feet) from the average high water mark of Lake Simcoe to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. In Planning Staff's opinion, the proposed addition meets the general purpose and intent of the Zoning By-law as the addition will not extend any closer to the average high water mark than the existing dwelling. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1. The applicants have requested relief from the Zoning By-law to permit the construction of a new detached accessory building with an increased height and floor area. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. Properties that abut Lake Simcoe are permitted to have a detached accessory building in the front yard provided that it is set back a minimum distance of 7.5 metres (24.6 feet) from the front lot line in the Shoreline Residential Development Services January 17, 2024 Report No. DS2024-008 Page 5 of 19 Page 42 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... zone. The proposed detached accessory building will comply with all the required setbacks. Section 5.1.4 of the Zoning By-law allows a maximum height of 4.5 metres (14.7 feet) for detached accessory buildings, which is measured from average grade to mid-roof. The applicants have requested a variance to increase the height to 4.9 metres (16.0 feet), which is slightly less than the existing one-storey dwelling at 4.98 metres (16.3 feet). A detached accessory building in the Shoreline Residential zone is permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The applicants are proposing to build a new detached accessory building with a total floor area of 165.6 square metres (1,783.0 square feet). The main level is proposed to have an area of 113.2 square metres (1,218.0 square feet) and will be used as a three car garage, workshop and a home office, and the second floor is proposed to have an area of 52.5 square metres (565.0 square feet) and is proposed to be used for storage. The proposed detached accessory building is larger than the existing single detached dwelling which has a gross floor area of approximately 90.8 square metres (978.0 square feet) according to MPAC records. Once the proposed addition is built, the dwelling will have a total floor area of 128.1 square metres (1,379.3 square feet). Due to the size of the proposed accessory building relative to the size of the dwelling following the proposed addition, Planning Staff have concerns that the garage will stand out as the primary structure on the lot. On this basis, it is Planning Staff's opinion that the proposed detached accessory building does not conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the existing septic system is located immediately adjacent to the proposed building and the piping that runs from the septic tank to the septic bed appears to run under the proposed garage. The proposed garage will either have to be relocated or the applicants will have to install a new septic system. Building Staff have requested a revised site plan that clearly indicates all the septic components and the setbacks to the proposed accessory building. Therefore, Planning Staff is recommending deferral of the application to provide the applicants the opportunity to submit a revised site plan that addresses the Building Division's comments. In Planning Staff's opinion, the proposed two-storey garage at 165.6 square metres (1,783.0 square feet) is not secondary and subordinate to the existing one-storey dwelling at 81.3 square metres (875.0 square feet) or the proposed dwelling with the addition at 128.1 square metres (1,379.3 square feet). Therefore, Planning Staff have concerns that the proposed structure will stand-out and appear to be the primary structure on the property. Development Services January 17, 2024 Report No. DS2024-008 Page 6 of 19 Page 43 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... For these reasons, Planning Staff are of the opinion that the proposed variances are not considered appropriate for the desirable development of the lot. Are the variances minor? "Minor" is not determined on a mathematical basis. Neither the number of variances requested nor the percentage of difference between the permitted standard and what is proposed are counted. Instead, the question is one of whether there will be an adverse impact and what site-specific characteristics the lands may have that could mitigate those impacts. For example, on a different property in a different setting the same variances might be entirely appropriate. However, in this case, the proposed variances would result in an accessory building that appears to be the primary structure on the property. As the proposed variances are not considered to meet the general intent of the Zoning By-law and are not desirable for the appropriate development or use of the lot, the variances are not considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. At this time, Staff are unable to determine if the proposed development is consistent with the Township's strategic goals. Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre Development Services January 17, 2024 Report No. DS2024-008 Page 7 of 19 Page 44 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... (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 Building Division — Provide site plan to clearly indicate all septic components and setbacks to proposed structure. • Lake Simcoe Region Conservation Authority (LSRCA) — See Schedule 7. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Detached Accessory Building Elevation Drawings Schedule 5: Detached Accessory Building Floor Plans Schedule 6: Single Detached Dwelling Addition Elevation Drawings Schedule 7: Lake Simcoe Region Conservation Authority Comments Dated January 9, 2024. Conclusion Planning Staff recommends that Minor Variance Application 2023-A-52 be deferred to provide the applicants the opportunity to address Planning and Building Staff's comments. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, January 10, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services January 11, 2024 Brent Spagnol, RPP, Director, Development Services January 11, 2024 Development Services January 17, 2024 Report No. DS2024-008 Page 8 of 19 Page 45 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... Schedule 1: Location Map .d.w.v _ HonesFoc wlk Pd. sM<Y.II,Y Fd.W. 7 pb Brae FdE mdp.d.w. 545 il Lakeshore Rd.E. 2 3 4 C J N $ 2461 2553 M 6 p N 3 7 J g p 2501 U. 218 10 11 194 2 4 6 174 203 Lakewood Ct. 195 1 8 154 187 150 eOt 177 3 5 144 a\\� 647 134 p�- 169 126 9r�� 167 11 118 165 657 143 � 7 108 135 Lake 667 9 127 .Simcoe 86 � 111 119 677 12 28 74 34 38 8 4 Location Q Subject Lands Ti f Proud Heritage,Exciting Foam, 0 loom File Number.2023-A-52 ti Development Services January 17, 2024 Report No. DS2024-008 Page 9 of 19 Page 46 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re- Mino... Schedule 2: Aerial Photo aa.a,w Qt• _ YF Aerial '�V Q Subject Lands Proud Heritage,Exciting Foam, 0 100 m File Number:2023-A-52 I Development Services January 17, 2024 Report No. DS2024-008 Page 10 of 19 Page 47 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re- Mino... Schedule 3: Applicant's Site Plan 'I I t! I 1 � 1 I I ' I I 1 I I I I I I II � I Proposed detached I accessory building (garage). I ; I r Proposed single detached dwelling addition. I .ram Site Plan OAaz&� Proud Proud Heritage,Exciting Futurr File Number:2023-A-52 Development Services January 17, 2024 Report No. DS2024-008 Page 11 of 19 Page 48 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re- Mino... Schedule 4: Detached Accessory Building Elevation Drawings East Elevation: Lv/ LU J South Elevation: -71 — —� West Elevation: zz North Elevation: U Us. Elevations ~� Toumship of Proud Heritage.,Exciting Futurr File Number:2023-A-52 Development Services January 17, 2024 Report No. DS2024-008 Page 12 of 19 Page 49 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re- Mino... Schedule 5: Detached Accessory Building Floor Plans Main Floor: T n i 1 f.R-F - 1 I 1 1 � � 1 1 _ 1 1 Second Floor: I n n n r n I I I II li II II I li I I I l V II II I II I 1 I' II II I II I � I I I I II I� I 11 I i L I I I ° i� i I� u II I: I� IIu r l l i Floor Plans To If Proud Heritage.,Exciting Futurr File Number:2022-A-52 Development Services January 17, 2024 Report No. DS2024-008 Page 13 of 19 Page 50 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... Schedule 6: Single Detached Dwelling Addition Elevation Drawings East Elevation: adlr• El F] ED South Elevation: ------------ O West Elevation: -deer• ML North Elevation: -WTI _PM ;— — Elevations Toumship of Proud Heritage,Exciting Futun File Number:2023-A-52 Development Services January 17, 2024 Report No. DS2024-008 Page 14 of 19 Page 51 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... Schedule 7: Lake Simcoe Region Conservation Authority Comments Dated January 9, 2024 Lake Simcoe Region conservation a,Jthority wvrvr.LS RCA.o n.ca Sent via a-mai:p anniniZ(-Doro-medonte.ca Januar;9, 2024 Municipal File No.:2023-A-S2 LSRCA File No.:VA-18OS79-010924 Andy Karaiskakis Secretary-Treasurer,Committee of Adjustment 148 Line 7 South Oro-Medonte,ON LOL 2EO Dear Mr.Kara iskakis, Re: Application for Minor Variance 169 Shoreline Drive Township of Oro-Medonte Applicant/Owner.Rosalie Davison&Shayne Pierce Thank you for circu'ating the above-captioned application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. It is our understanding that the Applicant/Owner is proposing to construct a detached accessory building(garage)and an addition to the existing non-complying single detached dwelling.The App icant/Owner is seeking re ief from the following sections of the Township of Oro-h1edonte Zoning By-.a•w 97-95,as amended: Detached Accessory Building(Garage): Section 5.1.4—Maximum Height Required: Proposed: 4.S metres(14.7 feet) 4.9 metres(16.0 feet) Section 5.1.6—Maximum Floor Area Required: Proposed: 70 square metres 753.S square feed 165.6 square metres 1783 square feet', Single Detached Dwelling Addition: Required: Proposed: Does not increase the useable floor area in a Proposing to build a 37.3 square metre (401.3 required yard. square feet) addition to the existing non- comp yingsingle detached dwelling ocatedwithin the required 20 metre(65.6feet)setback from the average highwater mark of Lake Simcoe. 120 Bayview Parkway T 905.895.1261 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario TF 1.800.465.0437 Development Services January 17, 2024 Report No. DS2024-008 Page 15 of 19 Page 52 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... Lake Simcoe Region co-icc-vation a,thonty Page 2 of 5 Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted v.ith this application: • Notice of Pubic Hearing (dated January 3, 2024) • Site P an& Drawings prepared by Rosalie Dawson Architect Inc. Staff have reviewed this application as per our delegated responsibility from the Province of Ontario to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS,2020)and as a regulatory authority under Ontario Regu'ation 179/06 of the Conservation Authorities Act. LSRCA has a so provided comments as per our Memorandum of Understanding (MOU) with the Township of Oro-Medonte. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally,LSRCA has provided advisory comments re!ated 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,the proposa' is generally consistent and in conformity with the natural hazard policies of the applicable pans. On this basis, we have no objection to the approval of this application for Minor Variance. It is recommended that any approval of this application be subject to the following conditions: • That the Applicant/Owner shall pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedu e-The applicable fee for Minor Variance(Minor—planner review only)is 5536; • That the Applicant/Owner shall prepare and complete a Planting Plan for the shoreline area, to the satisfaction of the LSRCA; • That the Applicant/Owner successfully obtain a permit from the LSRCA prior to development or site alteration.This will include the submission of a Coastal Engineering Report. Site Characteristics The subject land is approximately 0.22 hectares (0.53 acres) and is located southeast of Shoreline Drive within the Township of Oro-Medonte. The subject land is within the 'Shoreline' designation as per Schedule A of the Township of Oro-hledonte Official Plan and within the'Shoreline Residential (SR)Zone' as per the Township of Oro-Medonte Zoning By-law 97-95. Existing mapping indicates the following: • The subject property is partially regulated by the LSRCA under Ontario Regulation 179/06 for shore ine flooding and erosion hazards associated with Lake Simcoe. Please see a detailed regu atory map below. Development Services January 17, 2024 Report No. DS2024-008 Page 16 of 19 Page 53 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... Lake Simcoe Region cc'isc-vat on a�thon,y Page 3 of S ® � to uam.*a.wrroq ra ..r.� r.r O i. ft- F� S f Please note: LSRCA staff have not attended any site meetings or this location related to the subject applications. Delegated Responsibility and Statutory Comments 1. LSRCA has reviewed the application through our delegated responsibi ity from the Province to represent provincial interests regarding natura hazards identified in Section 3.1 of the Provincial Policy Statement(PPS). There are identified natural hazards on the subject lands (shoreline flood and erosion hazard areas). Based on the topographic information submitted as part of this application, the proposed detached accessory building and single detached dwelling addition are located outside of the flood hazard and are therefore generally consistent with 3.1 of the PPS.Further concerns related to natural hazards wil: be addressed during the permitting process. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06.This regulation,made under Section 28 of the Conservation AuthoritiesAct,enab.es conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines,watercourses,hazardous!ands and wet'ands.Development taking pace 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 v:et:and. Ontario Regulation 179/06 applies to a portion of the subject property. It appears that the proposed development wi I be within the regulated area, therefore a permit from the LSRCA will be required Development Services January 17, 2024 Report No. DS2024-008 Page 17 of 19 Page 54 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... Lake Simcoe Region ca,isc-vabon a'thon-y Page 4of5 prior to any development or site alteration taking place and will need to be in accordance with the LSRCA's Ontario Regulation 179/06 Imp ementation Guidelines. Advisory Comments L LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte in that eve provide through a MOU as well as through our role as a public body,pursuant to the Planning Act. Lake Simcoe Protection Plan,2009(LSPP) As per 6-2-DP of the LSPP, "the minimum vegetation protection zone(MVPZ)in a shoreline built-up area is 30 metres from the Lake Simcoe shoreline." As per 6.11-DP, "a proposal for development orsite alteration is permitted within 30 metres of the Lake Simcoe shoreline... the proposal for development or site alteration shall comply with the following where applicable:(b)to the extent possible, enhance the ecological features and functions associated with the Lake,stream or wetland;(c)minimize erosion,sedimentation,and the introduction of excessive nutrients or other pollutants and utilize planning, design, and construction practices that maintain and improve water quality." The proposal for development and site alteration is within the 30 metre R4VPZ of Lake Simcoe,therefore a Planting Plan is required to the satisfaction of the LSRCA. Plantings are required to be native and se1- sustaining. Enclosed is a list of plants native to the Lake Simcoe watershed. Ontario Regulation 179/06 Implementation Guidelines, 2023 Section 6.3 of the Imp ementation Guidelines speaks to habitable structures/additions within proximity to the Lake Simcoe shore:ine. As per 6.3 (e), "any habitable structure/addition within 15 metres of the shoreline will be accompanied by a Coastal Engineering Report no the satisfaction of the Authority." The proposed single detached dwe.ling addition is located within the 15 metre highwater mark setback of Lake Simcoe, therefore the submission of a Coastal Engineering Report (prepared by a qualified professional) is required — this can be submitted as part of LSRCA permitting process. Please contact LSRCA:s Reguiations Staff, Matthew Figuerres ,m_figuerres@Isrca-on-cal, to scope the permit requirements and Terms of Reference for the report. Summary Based on our review of the submitted information in support of this application, we have no objection to the proposal. It is recommended that any approval of this application be subject to the following conditions: • That the Applicant/Owner sha:l pay the LSRCA Plan Review: Fee in accordance with the approved LSRCA Fee Schedu e.The applicable fee for Minor Variance(Minor—p anner review only) is 5536; • That the Applicant/Owner shal prepare and complete a Planting Plan for the shore ine area, to the satisfaction of the LSRCA; • That the Applicant/Owner successfully obtain a permit from the LSRCA prior to deve opment or site alteration.This will include the submission of a Coastal Engineering Report. Development Services January 17, 2024 Report No. DS2024-008 Page 18 of 19 Page 55 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... Lake Simcoe Region .*ise-vation whonty Page 5 of 5 Please inform this office of any decision made by the municipality with regard to this application. We respectfu ly request to receive a copy of the decision and notice of any appeals filed. Should you have any questions, please contact the undersigned(i.lim(sIsrca-on.ca). Sincerely, J Jessica Lim Planning Analyst Lake Simcoe Region Conservation Authority(LSRCA) Development Services January 17, 2024 Report No. DS2024-008 Page 19 of 19 Page 56 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re- Mino... w S � o W 0 t c N u Y J 5t N I Q � M J �ul�pooM Isaaoj N _ �C) T � �� l � r — c O a 4—j ry O a) _M C� U) o .(n > 0) .� _r_ (1) c� U) O L . . cn — Page 57 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... � w 0 •� 04 .4 N c x L N a ((n � o 0 �`� a 4-1 Lc) i Q •� c c o 0- CD 0 O O co co co (a U O CDN ti O — O L cn +� c N O o O •� 4— � E E 4_-� (� N N :3 M :3 m D- V o O 2 0 cn o cn O 0- cn .� O — 0- E O O N Oc/) Qc) O O O f- M — 6 L N O CO O L. 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L6 Page 59 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re- Mino... `s f W o x' k O r) ,*%W.00O LO T it i O 4 g 9 } a M p . . c G t a. i a Page 60 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... `s W 0 r) ,*%W.00O N L0 1 J � a OF •� 1 s� (411 M N 0 / W N Y 0 J � ss.sana �.S I J� e. „q •u-IpooMPOJ" T�T- vc �c F I I Q ■ C O < '� [A u LA cc ul ¢ W W Page 61 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re- Mino... `s 04 /�V/ a �f is, x O i Eo k O � Yoy 9 N L J N ■v Q 'u o saaoj � M V- 3 � O o N U O Ca � U � � ca Q) o ca O � E Cf N C C7 cLn H Page 62 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re- Mino... 0 `s w 4 c O r) ,*%W.00O d ��m pub C'7 — -- - - O TE U '�-o-- Q Q U rZ M > a O '— c� CL CL a Page 63 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re- Mino... `s f W o x' k 0 r) ,*%W.00O N L0 M 1 �I O - N pq u �--� < j L w i I W I W U > v '40 o a > � W � E � • . .- M r � � amo Page 64 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re- Mino... `s f W o x' k O r) ,*%W.00O N _ Ill r - ------------ O ------------ ------------ BID] --- C � I U a � v � c ao .r C - M am Page 65 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re- Mino... `s f W o x' k O r) ,*%W.00O N L0 Q M N O LJ f - f { l O i _ r 77 { o Iy d L—J LI O U C� as •— O 0 i 0 r'L -0 > r.L -0 aD aaW Page 66 of 232 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... w p � a i r cn >_ � (n i � p M o N _ O N c: R � 1{ Q Q � � U r U) Ca C) aD C6 � 0 J Page 67 of 232 11vw- t r 10, • .,Y, m r _ _ � �g r. � t • ��X � uR .y ��y{kj•,.ve ��'��A Nffi+SYGa r=...< _ • 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... ' �y� tt w 4-0 i� � VJ rr 1 O 4w O -� N U �.. _ CM E 0 cn N C � 'rn! CM c� 1 'X }, CD co Q) _U IZ r mr O c1.1 li lull 3. � O "(u' �I,'il rear. O i I ;iil . 'ld O '�^� W VJ 'X Page 69 of 232 � 'a.�.a GT'S3z �� Ii� `off��f•lj t. {` • • nm is � F • r TIM- n Mwi f fit` 1 j�t, {^ q � t''• � � � P ��Psi�, 1 ;ate, � ,��„s� �,Y 4 • «� x 4f 9 s 4 z M,�„ _ I 6 e x I� • 6.a) 5.45 p.m. DS2024-008, Catherine McCarroll, Senior Planner, re: Mino... M OEn w a) a) O w L 4— (� C fa e O !' co 3 a co cn O U c U ^ U }' c c O a) 0 O cn — Q) a) cn Q) `~ = a) 0 N a) O U a) �/ N � i tl (On O M N N cmocM0 4- ' O� r 0 = � CO M � o N 0 ' c o a 0 � c� O O U L C a) ca a) c ca cn c— N a) (5 M O 0- � ' � m U)i -- a) � 0 cn --� a) E cn 0- M (0 a) 0 cn _O _ I- O CO -a > M N ,� c LOO a) Q L 0 O cfl 0 > Q 0 to }' En cn O () Qa) CO c(n -- -0 >> 4- N O U '- ^ a) 0 N U O E O L -o 0O O e O cn N co a) c 0 0 >, c- > O U U 0 MN M O M M•L 4 — ca cn c a) O \ N Q U M 0- C N / O O O � r O i L �+ c c 0 U O U . . M M M a) z -0cn Q 00 c6 — _ a) �-1 > c 0 " c ^ }' c 0 a) °� c 0 a) L (1) -0 a) M O +r +r O +r U > L p U Mc� v o 0 ±' N co Page 72 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: January 17, 2024 Report No.: DS2024-009 Subject: Minor Variance Application 2023-A-54, Miroslawa & Stefan Merena, 77 Shoreline Drive Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-009 be received and adopted. 2. That Minor Variance Application 2023-A-54 by Miroslawa & Stefan Merena specifically for permission to build a detached accessory building (garage) with an increase in height of 7.0 metres (23.0 feet) and increase in floor area of 198.4 square metres (2,136.0 square feet), on lands municipally known as 77 Shoreline Drive, Township of Oro-Medonte, be deferred to provide the applicants the opportunity to address Planning Staff's comments. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 0.26 hectares (0.65 acres), according to MPAC records, and contains a single detached dwelling and three (3) detached accessory buildings/structures. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build a detached accessory building (garage). The applicants are seeking relief to the following sections of Zoning By-law 97-95: Development Services January 17, 2024 Report No. DS2024-009 Page 1 of 16 Page 73 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... Section 5.1.4 — Maximum Height Required: Proposed: 4.5 metres 14.7 feet 7.0 metres 23.0 feet Section 5.1.6 — Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) 1st floor garage: 90.7 square metres (976.0 square feet) 1 st floor covered patio: 35.7 square metres (384.0 square feet) 2nd floor: 72.1 square metres (776.0 square feet) Total: 198.4 square metres 2,136.0 square feet The applicant's site plan, elevation drawings and floor plans are included as Schedules 3, 4 and 5 to this report. Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development will not impact the natural features or functions. Planning Staff is of the opinion that this application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 — Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Development Services January 17, 2024 Report No. DS2024-009 Page 2 of 16 Page 74 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory building will be located further from Lake Simcoe than the existing dwelling and it is not anticipated to have any adverse impact on the Lake Simcoe shoreline. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the application and indicated that the proposal is consistent and in conformity with the natural hazard policies of the applicable plans. On this basis, they have no objection to the approval of this application. They recommended that any approval of this application be subject to the following conditions: • That the Applicant/Owner successfully obtain a permit from the LSRCA. The LSRCA's full comments can be found in Schedule 6 to this report. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the proposed detached accessory building is accessory to the permitted residential use. 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. Development Services January 17, 2024 Report No. DS2024-009 Page 3 of 16 Page 75 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan (2022). The Shoreline designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. The objectives of the shoreline areas are to: • ensure that the existing character of this predominately residential area shall be maintained; • ensure that new development on the undeveloped lands in the Shoreline designation is properly serviced with the appropriate water and sewage services; • ensure that all existing sewage systems are upgraded wherever possible; • the natural features of the shoreline area and the immediate shoreline shall be conserved and, where possible, enhanced; and, • ensure that the impacts of new development on the natural heritage features and areas, vegetation and groundwater resources in the area are minimized. Section C5.2 of the Township's Official Plan (1997) outlines the permitted uses within the `Shoreline' designation, which includes single detached dwellings and by extension accessory uses, such as detached garages. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build a new detached accessory building, which is accessory to a permitted residential use in the Shoreline Designation and is not anticipated to conflict with the Official Plan's objectives to protect the natural features of the shoreline area. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential in the Township's Zoning By-law 97- 95, as amended. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1. The applicants have requested relief from the Zoning By-law to permit the construction of a new detached accessory building with an increased height and floor area. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the Development Services January 17, 2024 Report No. DS2024-009 Page 4 of 16 Page 76 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... character of the area. Properties that abut Lake Simcoe are permitted to have a detached accessory building in the front yard provided that it is set back a minimum distance of 7.5 metres (24.6 feet) from the front lot line in the Shoreline Residential zone. The proposed detached accessory building will comply with all the required setbacks. Section 5.1.4 of the Zoning By-law allows a maximum height of 4.5 metres (14.7 feet) for detached accessory buildings, which is measured from average grade to mid-roof. The applicants have requested a variance to increase the height to 7.0 metres (23.0 feet). A detached accessory building in the Shoreline Residential zone is permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The applicants are proposing to build a new detached accessory building with a total floor area of 198.4 square metres (2,136.0 square feet). The main level is proposed to have a floor area of 90.7 square metres (976.0 square feet) which will be used as a garage with carlifts and a 35.7 square metres (384.0 square feet) covered patio, and the second floor is proposed to have a floor area of 72.1 square metres (776.0 square feet) which is proposed to be used for storage. It should be noted that only the areas with a ceiling height of 1.8 metres (5.9 feet) or more are included in the floor area calculation. The proposed detached accessory building is larger than the existing single detached dwelling which has a gross floor area of approximately 181.2 square metres (1950.0 square feet) according to MPAC records. Due to the size of the proposed accessory building relative to the existing dwelling and the design with the full wall of windows, Planning Staff have concerns that the garage will stand out as the primary structure on the lot. On this basis, it is Planning Staff's opinion that the proposed detached accessory building does not conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? In Planning Staff's opinion, the proposed two-storey garage at 198.4 square metres (2,136.0 square feet) is not secondary and subordinate in both its size and appearance to the existing two-storey dwelling at 181.2 square metres (1950.0 square feet). Therefore, Planning Staff have concerns that the proposed structure will stand-out and appear to be the primary structure on the property. For these reasons, Planning Staff are of the opinion that the proposed variances are not considered appropriate for the desirable development of the lot. Are the variances minor? "Minor" is not determined on a mathematical basis. Neither the number of variances requested nor the percentage of difference between the permitted standard and what is proposed are counted. Instead, the question is one of whether there will be an adverse impact and what site-specific characteristics the lands may have that could mitigate those impacts. For example, on a different property in a different setting the same Development Services January 17, 2024 Report No. DS2024-009 Page 5 of 16 Page 77 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... variances might be entirely appropriate. However, in this case, the proposed variances would result in an accessory building that is larger than the existing dwelling. As the proposed variances are not considered to meet the general intent of the Zoning By-law and are not desirable for the appropriate development or use of the lot, the variances are not considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. At this time, Staff are unable to determine if the proposed development is consistent with the Township's strategic goals. 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. A letter was submitted by the neighbour located at 89 Shoreline Drive expressing concerns with regards to the size of the structure, the potential use of the storage space as a dwelling unit, the capacity of the existing septic system and drainage concerns. A letter was submitted by the neighbours located at 93 Shoreline Drive expressing concerns with regards to existing drainage issues and that the proposed development may cause additional drainage problems. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: Development Services January 17, 2024 Report No. DS2024-009 Page 6 of 16 Page 78 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... • Hiawatha First Nation — No questions or concerns. • Township Infrastructure and Capital Projects — No comments. • Lake Simcoe Region Conservation Authority (LSRCA) — See Schedule 6. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Schedule 5: Floor Plans Schedule 6: Lake Simcoe Region Conservation Authority Comments Dated January 9, 2024. Conclusion Planning Staff recommends that Minor Variance Application 2023-A-54 be deferred to provide the applicants the opportunity to address Planning Staff's comments. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, January 11, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services January 11, 2024 Brent Spagnol, RPP, Director, Development Services January 11, 2024 Development Services January 17, 2024 Report No. DS2024-009 Page 7 of 16 Page 79 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... Schedule 1: Location Map 2 u,a,am J 1 6 a 2461 O = O r 7 2553 8 w 2501 O LL 10 roq..e:w. 11 2 4 Lakewood Ct. 6 1 154 8 150 5 144 647 3 134 _ 126 c,N., 657 11 118 143 � 7 106 135 J 667 9 127 94 119 86 111 677 12 28 34 38 148 103 I 74 ijs LL- l Shoreline Dr. 2 Sf 7 15 25 31 47 51 55 61 71 89 93� 77 y 707 I 67 715 Lake 717 Simcoe 724 737 725 752 755 2382 2384 775 Location ® Subject Lands Toivaskip n'f Proud Heritage,Exciting Fut ur 0 loom File Number:2023-A-54 ti I i i i Development Services January 17, 2024 Report No. DS2024-009 Page 8 of 16 Page 80 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... Schedule 2: Aerial Photo Aftic t +r �e �•dt S X d f �jn n y Aerial 0 Subject Lands Totvn:ltip of Proud Heritage,Exciting Future 0 100 Ill File Number:2023-B-21 ti I I I I I Development Services January 17, 2024 Report No. DS2024-009 Page 9 of 16 Page 81 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... Schedule 3: Applicant's Site Plan '_AELH H-Id,',ELE—TI-NS mtt rmn oasmwnort '♦ ego �♦ urm ♦ ♦ ♦ ♦ 6 ♦ f LOT ; ♦! nor o LOT i ♦ 1 e % � -♦ 6 ♦ Proposed detached accessory building ♦ ., (garage) Min k%lw a�a ♦ ♦ . ♦ .a s . i ♦ ♦ We ♦f ♦ • �• TourrIrip�J / Site Plan Proud Heritage,h'xcitirrg Futurr File Number:2023-A-54 Development Services January 17, 2024 Report No. DS2024-009 Page 10 of 16 Page 82 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re- Mino... Schedule 4: Elevation Drawings North Elevation: t I East Elevation: i South Elevation: — s �.>.. �LHI [Ell LI J West Elevation: i i Elevations Toumshi �'�� Proud Hcritagc,Exciting Futurr File Number:2023-A-54 Development Services January 17, 2024 Report No. DS2024-009 Page 11 of 16 Page 83 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re- Mino... Schedule 5: Floor Plans Main Floor: .. -------- --- ---y-----------'�--n---- --- ----- ------�-- --- ---------- ji 1 _ _ 1 II 11-- ! _ ' I t� Second Floor. t _.. _ Floor Plans ~� To f le d4on& Proud Heritage,Exciting Futurr File Number:2022-A-54 Development Services January 17, 2024 Report No. DS2024-009 Page 12 of 16 Page 84 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... Schedule 6: Lake Simcoe Region Conservation Authority Comments Dated January 9, 2024 Lake Simcoe Region conservation authority www.LSRCA.on.ca Sent via e-mail:p anninEkSoro-medonte.ca January 9,2024 Municipal File No.:2023-A-S4 LSRCA File No.:VA-179S93-010824 Andy Karaiskakis Secretary Treasurer,Committee of Adjustment 148 Line 7 South Oro-Medonte,ON LOL 2EO Dear Mr.Karaiskakis, Re: Application for Minor Variance 77 Shoreline Drive Township of Oro-Medonte Owner:Miroslawa&Stefan Merena Applicant:Stoyanoskyy Architects Inc.(c/o Orest Stoyanovskyy) Thank you for circu ating the above-captioned application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment. It is our understanding that the App'icant/Owner is proposing to construct a detached accessory building(garage).The App icant/Owner is seeking relief from the following sections of the Township of Oro-Medonte Zoning By-aw 97-95,as amended: • Re ief from Section 5.1.4 of the By-aw which restricts the maximum height of a detached accessory building to 4.5 metres,whereas the proposal is requesting a maximum height of 7 metres. • Re:ief from Section S.1.6 of the By-aw which restricts the maximum floor area of a detached accessory building to 70 square metres(753.5 square feet),whereas the proposal is requesting a maximum Poor area of 198.4 square metres(2136 square feet). Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Application Package(dated January 2,2024) • Site P an prepared by Stoyanoskky Architects Inc. Staff have reviewed this application as per our de egated responsibility from the Province of Ontario to represent provincial interests regarding natura hazards identified in Section 3.1 of the Provincial Policy Statement(PPS,2020)and as a regulator, authority under Ontario Regu'ation 179/06 of the Conservation Authorities Act. LSRCA has a so provided comments as per our Memorandum of Understanding (MOU) with the Township of Oro-Medonte.The application has a so been reviewed through our role as a public 120 Bdyvie�v Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario TF 1.800.465.0437 Development Services January 17, 2024 Report No. DS2024-009 Page 13 of 16 Page 85 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... Lake Simcoe Region co-isc-vatwn a�thonty Page 2 of 4 body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments re'ated to polio; 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,the proposal is consistent and in conformity with the natural hazard policies of the applicable plans. On this basis, we have no objection to the approval of this app'ication for Minor Variance. It is recommended that any approval of this application be subject to the following conditions: • That the Applicant/Owner sha:l pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedule.The applicable fee for Minor Variance(Minor—p anner review only)is 5536; • That the Applicant/Owner successful y obtain a permit from the LSRCA. Site Characteristics The subject land is approximately 0.29 hectares(0.71 acres',and is located south of Shoreline Drive within the Township of Oro-Medonte.The subject land is within the 'Shoreline'designation as per Schedule A of the Township of Oro-Medonte Official Plan and within the 'Shoreline Residential (SR) Zone' as per the Township of Oro-Medonte Zoning By-law 97-95. Existing mapping indicates the fo.lowing: • The subject property is partially regulated by the LSRCA under Ontario Regulation 179/06 for shore ine flooding and erosion hazards associated with Lake Simcoe. Please see a detailed regu atory map below. �i�_.� •,s.e.w.a.an�r.y�� ok O ..�.r.r.r Q 3Z �v i Please note: LSRCA staff have not attended any site meetings at this location related to the subject applications. Development Services January 17, 2024 Report No. DS2024-009 Page 14 of 16 Page 86 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... Lake Simcoe Region :-,-isr-vation a�thonty Page 3 of 4 Delegated Responsibility and Statutory Comments 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natura�hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). There are identified natura_ hazards on the subject lands (shoreline flooding and erosion hazard areas).Based on the information submitted as part of this application,the proposa wil be located outside of the flood hazard and will not impact the contro of flooding or erosion of the site. Therefore,the proposal is consistent with 3.1 of the PPS. 2. LSRCA has reviewed the application as per our responsibilities as a regulator;authority under Ontario Regu ation 179%06.This regulation,made under Section 28 of the Conservation AuthoritiesAct,enab es conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and in and lake shorelines,watercourses,hazardous ands and wetlands.Development taking p ace on these ands 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 wet and. Ontario Regulation 179106 applies to a portion of the subject property. It appears that the proposed development will be within the regulated area, therefore a permit from the LSRCA wil' be required prior to any development or site alteration taking place. Advisory Comments 1. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte in that we provide through a MOU as well as through our role as a public body,pursuant to the Planning Act. Summary Based on our review of the submitted information in support of this application,the proposal is consistent and in conformity with the natural hazard po icies of the applicable plans. On this basis, we have no objection to the approval of this application for Minor Variance. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated; 2. Ontario Regulation 179%06 applies to a portion of the subject site.A permit from the LSRCA will be required prior to any development or site alteration taking p:ace. Please inform this office of any decision made by the municipality with regard to this application. We respectfu ly request to receive a copy of the decision and notice of any appeals filed. Should you have any questions, please contact the undersigned(1.hm@lsrca.on.ca). Sincerely, u4- YU Jessica Lim Development Services January 17, 2024 Report No. DS2024-009 Page 15 of 16 Page 87 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... Lake Simcoe Region c.ise-vatian athoncy Page 4of4 Planning Analyst Lake Simcoe Region Conserlation Authority(LSRCA) Development Services January 17, 2024 Report No. DS2024-009 Page 16 of 16 Page 88 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re- Mino... N1 W O� 1� x ` o u 1' I U i a o '0 J L O N � / O � � O C6 U ry U11 Q � � U � � C6 •— •cn � O c/) � _ .� O . . . . 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Page 100 of 232 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... `s f W o x' 3 'y E: n� W nL— W- W 7LO U) N " " ,*4 r�� T$' •AY,: � p Al U) JA O Cu � J L O Page 101 of 232 134 w, M iry r i x 1 r: 7 Y„ 4 6.b) 5.55 p.m. DS2024-009, Catherine McCarroll, Senior Planner, re: Mino... O 4 w o -a ~ M M O W � CD p N 4— N �+ Q (D >' cn Q CU (D 5W � O � •cn G E a) Qp U M cn cn ' ^� cu .Q N u , O a) ' N p Cll E Q E O + O O C � 0 -5 U o a CD � U N °6 o L c6 U � N 0 U U) O }? N � � L c L � E Uc/) -0 CU _0 � C6 4 0 O a) CO a) O 4-1 � ^, U N 0) L Cll 4-- W N 6 O C a)a) O O cn L O U i M 00 O O M C i Q U . cn CU N U) O cn -0 cn . . \ C Q a) c � u) _ ca ) z � � O .L � m 4-1 G m G� 0- .� E E m o cn E 2 — cn_ _ c� mo � m L O U ca ca O -0 U N U C Cll G� cn C� ca Q ±' N C'7 Page 103 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: January 17, 2024 Report No: DS2024-010 Subject: Minor Variance Application 2023-A-55, Brenda Houben, 2024 Line 6 North Type: Requires Action Motion No. Recommendation It is recommended: 1. That Report No. DS2024-010 be received and adopted. 2. That Minor Variance Application 2023-A-55 by Brenda Houben specifically to permit an accessory parking lot on lands municipally known as 2024 Line 6 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-010. 3. The conditions are as follows: a) That notwithstanding Section 6 of Zoning By-law 97-95, the proposed parking lot shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That maintenance/clearing of the parking lot would be limited to between the hours of 7 a.m. and 10 p.m.; c) That no overnight parking is permitted in the parking lot; d) That the parking lot be locked/secured when not in operation; e) That the parking lot be permitted on a three year temporary basis until January 2027; and, f) That the proposed parking lot be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. Development Services January 17, 2024 Report No. DS2024-010 Page 1 of 11 Page 104 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 39 hectares (96 acres) and contains a single detached dwelling and barn. A location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. On December 2, 2020, the Committee approved Minor Variance application 2020-A-64 to permit an overflow parking lot accessory to the Nordic/Cross Country Ski Facility and Trails on the subject property on a three year temporary basis until December 2023. The applicant is proposing to continue the use of the subject property for an overflow parking lot for an additional three (3) years. As such, the applicant is seeking relief to the following section of Zoning By-law 97-95: Section 6 — Definitions Required: Proposed: Conservation — Means an area of land that Conservation — Means an area of land that is is generally left in its natural state and generally left in its natural state and which is used which is used to preserve, protect and/or to preserve, protect and/or improve components improve components of the natural of the natural heritage system for the benefit of heritage system for the benefit of man and man and the natural environment and which may the natural environment and which may include, as an accessory use, hiking trails and/or include, as an accessory use, hiking trails cross country ski trails and associated parking and/or cross country ski trails, buildings lot, buildings and structures such as nature and structures such as nature interpretation centres and public information interpretation centres and public centres. information centres. The applicants' site plan is included as Schedule 3 to this report. Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. This application represents limited, resource-based development associated with the adjacent nordic/cross country ski facilities and trails that would be considered to be consistent with the PPS with respect to Rural Areas. The application is also consistent Development Services January 17, 2024 Report No. DS2024-010 Page 2 of 11 Page 105 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... with the Natural Heritage policies of the PPS, as the proposed parking lot for the adjacent nordic/cross country ski facility and trails is located outside of the woodland features/hedge rows and within the open field portion of the subject property. 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 parking lot accessory to the cross country ski trails is consistent with the Rural Areas policies in the Growth Plan as the proposed use would support the adjacent resource based recreational use (cross country ski facility and trails), would not impact the agricultural use or the ability for those portions of the lands zoned mineral aggregate resources (on the southern half of the property) to be protected for the future. The proposed parking lot would maintain a scale and appearance that is compatible with the character of the surrounding rural landscape. County Official Plan The property is designated Rural and Greenlands in Simcoe County's Official Plan. The Rural Designation permits resource-based recreational activities, and would include the parking lot accessory to the recreational use (cross country ski facility and trails). The location of the proposed parking lot needs to be designed/sited on the property to minimize the impacts on the agricultural use and the natural heritage features. 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). According to Section 3.8.15, outdoor passive recreational uses are permitted and by extension the associated parking lot for the recreational use (cross country ski facility/trails). In Planning Staff's opinion, the applicant's minor variance application conforms with the intent and policies of the County's Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services January 17, 2024 Report No. DS2024-010 Page 3 of 11 Page 106 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Rural and Greenlands in the Township's new Official Plan; the location of the proposed parking area is subject to the Rural designation (refer to Schedule 4). Pursuant to the policies of the Plan, permitted uses within the Rural designation include tourist commercial and accessory recreational uses. The proposed parking lot is associated with a recreational use (tourist recreational use being a cross country ski facility/trails) and can be in keeping with the existing character of the rural area by limiting its' scale and appearance through its temporary/seasonal nature for winter recreational activities. Therefore, based on the above, the requested variance conforms to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Mineral Aggregate Resources Two (MAR2) in the Township's Zoning By-law 97-95 (refer to Schedule 5). The applicant is proposing to create an area for a parking lot accessory to the adjacent cross country ski facility/trails. The proposed location for the parking lot is within the area that is zoned Agricultural/Rural. Conservation uses are permitted in both the A/RU and MAR2 zones as defined above and includes hiking and cross-country ski trails and accessory buildings and facilities, the parking lot accessory to the cross-country ski trails would be consistent with this intent. Upon site inspection it is clear that there is some limited vegetation in the vicinity of the of the front lot line and the proposed located has the flatter terrain. The area has been permitted to be used for overflow parking accessory to the cross-country ski facility/trails for the past three years with little to no disruption on the rural character of the area. As such, Planning Staff is of the opinion that the proposed variance meets the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff note that the parking lot is intended to be accessory to the cross-country ski facility/trails. Given the relatively open nature of the property, Planning Staff are of the opinion that there will be no potential impacts on the rural character of this area. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its' scale and impact. In Planning Staff's opinion, the requested Minor Variance for an accessory parking lot to the defined Conservation use, is considered minor in nature and can be sited to blend in with the character and appearance of the neighbourhood. Development Services January 17, 2024 Report No. DS2024-010 Page 4 of 11 Page 107 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... 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 Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. 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 Building Division — no comments. • Township Development Engineering — no requirements for this application. • Hiawatha First Nation — no comments. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Township Official Plan — Land Use Schedule 5: Existing Zoning Development Services January 17, 2024 Report No. DS2024-010 Page 5 of 11 Page 108 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... Conclusion Planning Staff recommends that the variance associated with Minor Variance Application 2023-A-55 be approved, specifically to permit parking lot accessory to the adjacent nordic/cross country ski facility for a period of three years on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, January 9, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services January 10, 2024 Development Services January 17, 2024 Report No. DS2024-010 Page 6 of 11 Page 109 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... Schedule 1: Location Map 50 478 168 B Ass-Lai ke--S rd:W, sM1a<V.IkV Ptl.W. "a 2401 387 &w . 2480 02273 2272 221E 2217 Z 2160 � d C J 2104 2097 2101 2056 �_ 024 2035 1994 1897 1832 1944 1908 Location -- S Q Subject Lands TnwasDipnf Paned Heritage,Exciting Fulm, 0 loom File Number:2023-A-55 Development Services January 17, 2024 Report No. DS2024-010 Page 7 of 11 Page 110 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... Schedule 2: Aerial Photo M.nswnv w Al IR AN wJn N6 w, • Z J i f• •� i F Aerial Yown:lup of Q Subject Lands Proud Heritage,Exciting Fulto, 0 100 M File Number:2023-A-55 ti l i i i l Development Services January 17, 2024 Report No. DS2024-010 Page 8 of 11 Page 111 of 232 6.c) 6:05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... Schedule 3: Applicant's Site Plan .w00 rw jTV fix, tl vi pe •� 7 Proposed Nordic Skiing Parking Lot a 100m x 60m L i Toumsl of Site Plan Proud Heritage,Exciting Future File Number:2023-A-55 Development Services January 17, 2024 Report No. DS2024-010 Page 9 of 11 Page 112 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... Schedule 4: Township Official Plan — Land Use anno.vu.y e. na.e. � E xny.re.w. I r 1 1.; _-_Old-Barrie Rd.W, J Township Approved Official Plan - Land Use Ora Moraine Boundary Agrlc Hand M Subject Lands �creanlanas �'� �► /.-Mineral Aggregate Resources �OIVl1'i1F1��. Proud Heritage,Exciting Future 0 100 M File Number:2023-A-55 ti 11 1 1 1 Development Services January 17, 2024 Report No. DS2024-010 Page 10 of 11 Page 113 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... Schedule 5: Existing Zoning A/RU MAR2 OS aw a.n.Ad.E. at RUR2 AJRU MAR1 Z Z iri A/RU J J MAR2 RUR2 PR*96 OS RUR2 RUR2 MARL-37 OS(H1) PR(H1) m rVOi MAR2(HI) G S I PR+ PR-49 QH4) RUR2*96 MAR2 D � m 4 f MAR (11_Old_Barrie_Rtl._W. �a��HZ P Z �9 A/RU AJRU AJRU(H1) A/RU pR(H1) �� _ MAR2-93 J " � EP. EP i a n Existing Zoning RUR2(Rural Residential Two) r WD(Waste Disposal) ` Subject Lands Totvns{ti o �� A/RU(Agricultural/Rural) _ EP(Environmental Protection) 0 OS(Open Space) Proud Heritage,Lxcitiug Funne _ PR(Private Recreational) MARL(Mineral Aggregate Resource One) 0 loom File Number:2023-A-55 MAR2(Mineral Agregate Resource Two) N I t i i I Development Services January 17, 2024 Report No. DS2024-010 Page 11 of 11 Page 114 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... 3 LO x _ i �� I •N-g:eu�� _ � Y LO CO - - N CD �_�u„ O C6 U CL U Q � L o Q O z o U •� j J O L O O N . . . . C a� Q o � .� � c� r ++ a ._ C� O O Lm 'L N 1 O CD L) Q Page 115 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... Ln -1.- 04 vJ FYI `i. � O M Cu (n w (� nc W (n CZ CZ O a) W CO c � ° CO O U O O U O) 11%-i O ca !E 0- -- C cn •� N LO � C C E L U Q)COU) a) >O U - O CU C (� � N j O _ _ Q) CAI �CD 0 � op � ML -M � � O(� O o 'O NO a) U M O Q > 6 0 O -ZaZU M U 0- vvs MtB uN O cn cn a� o c ai ui Q L En c w � o a� Q) >, M c� CO U) � M a� � � � � Q T 'Q O p 0 C U C U) M O L i (DC) l+, r T }' � L -- � — O E +� Q) . . O N L 75 CL C L�G o � N 0- C: c 0) f -0 — = Q) CL Z (n Of U 0) � ov M - v Page 116 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... `s f W o x' 3 'y n, E: W TO i "%-/ L / 4 - r boo ,mot; 6w,'Al. 4.0 U y r a a ffi it C� C� O . . .� a as a Page 117 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... mo `s W B 3 'y n, E: W TO i "%-/ LO ►i / Z aZI I M r N O N � �Y6�`Ji-TYtlI� � 95-LNtlfi lTu.�.Nd [ilfl�6-Ld s s Y U rP I 7 0 4 $ _ m C a u 0O o a W L Page 118 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... W a 3 p. J • �` 7 •Yrygaud O a .- `O .- L / a F y II Li N o O t� N O Ca � U CO) Q J C CL ca a v ca — O � I -- m ■- _5 _It v � N RL Cl/ C D ¢ L? O Page 119 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... `s f W o x' 3 'y n, E: ,� ' 0 ' O t s�- AC E E 0 � Zo 0 0 N °CL a Ras O ; N . O t CO arr A CO . . CO > a L � O Cn W C M V CL CL a Page 120 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... _O U � a o � � J � k Lid ' _ .' N_ LO *.. CO 5 - O N N �. J 4-0 x y O U O Q ; { U Page 121 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... d . w ti r 000� L , LO CO (y � CL O _ o U Q Q ca � _ O C .� G N U L W Page 122 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... `s (D04 5 a i� N O � o _ ( o Q — LO o Q CM N O N � U U) 0 W U 0 0 M > AMA= 7 a� 0 CDL L n Page 123 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... `s 04 4-0 4 y x L 3 � n, Q E` W .C: O � O "%-/ L n/ L / M i N c� O N � a� Q Q U U) 75 O L � a� U) 0) O C: � I- o Q 0- O Page 124 of 232 6.c) 6.05 p.m. DS2024-010, Andy Karaiskakis, Manager, Planning Services,... O w O U a) CO U w � CD -a Q <� U O Q C: � NO Cu O o S N ) z B o Cn O O L 3 O W M O Q : 00 N a) Q C U T OE Q (� L _ O C) U O "- a) O U O � Cn LO L M a) L Cn U) L ~ O O C L U — O a) CO -0O a O L N �_ O (6 O N >� O N E � �' m cam' •U a� O O U Q) Cu O U O '� E -0 Q >' a O OL G) oQQo1 0 � oE E c/) CD E 0Y00 m � 3 a m �U E 70 a m o M Lr) 0 C � - M U) - p U 0 � o O a) CO - o mLm -0a) n C) C9 § 4 N 0 O a) a) a) TO•� � 0 O 0 C (n � m U O . . . C) a) a) C O Q O O > _ O O OC Q O z c O � U Q+ •— N a � � N O }' O Q CO cn c OCA U L 0 a) a) a) n3 � - 0)C 0 Cn C-) J> O Q) iQ Y"a) n > 0- 0- 0- 0 O a) a) a)O _0 Fn E O O - QtQ6) E O_ C a) O 0 �0 0 0 (B tB t6 t6 L L L L L L C L O OU O O "- "J o U li N Page 125 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... �4 W GZ&t&"t,e Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: January 17, 2024 Report No: DS2024-007 Subject: Minor Variance Application 2023-13-21, Dawn Chapman, 6414 Line 3 North & 5253 Vasey Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2024-007 be received and adopted. 2. That Consent Application 2023-13-21 by Dawn Chapman, to permit the severance of an existing second dwelling on the lands municipally known as 6414 Line 3 North & 5253 Vasey Road, Township of Oro-Medonte, be denied on the basis that the application is not consistent with the Provincial Policy Statement, does not conform with the Growth Plan for the Greater Golden Horseshoe, and that it does not conform with the County of Simcoe Official Plan or with the Township of Oro-Medonte Official Plan. 3. And that the applicants be advised of the Committee's decision under the Secretary- Treasurer's signature. Background The subject lands have a lot area of 29.4 hectares (72.7 acres) and contains two single detached dwellings and several agricultural buildings. The easterly portion of the property consists of agricultural uses while the westerly portion of the property contains an unevaluated wetland identified by the Ministry of Natural Resources and Forestry (MNRF). Surrounding land uses predominantly consist of agricultural uses and include scattered rural non-farm dwellings (refer to Schedules 1 and 2). Development Services January 17, 2024 Report No. DS2024-007 Page 1 of 12 Page 126 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... The lands to be severed will support an existing single detached dwelling (municipally known as 5253 Vasey Road) which has frontage and direct access to Vasey Road. The details of the proposed severance are as follows: Lands to be Severed: Lands to be Retained: Frontage: Approximately 43.0 m 141.0 ft. Approximately 93.0 m 305.1 ft. Depth: Approximately 65.0 m 213.2 ft. Approximately 1,452.0 m 4,763.7 ft. Area: Approx. 0.44 hectares 1.0 acres Approx. 29.0 hectares 71.6 acres Use: Continued Residential Continued Residential & Agricultural The applicants Consent Sketch is included as Schedule 3 to this report. Analysis Provincial Policy Statement 2020 (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 1.1.4 of the PPS contains policies related to "Rural Areas in Municipalities" and specifically, Section 1.1.4.1 d) of the PPS encourages "the conservation and redevelopment of existing rural housing stock on rural lands." Section 2.1 Natural Heritage has been reviewed as the subject property contains woodlands and an unevaluated wetland in accordance with Provincial mapping. Section 2.1.5 states that development 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. The subject lands are located in a Prime Agricultural Area and Section 2.3.4.1 states: "Lot creation in prime agricultural areas is discouraged and may only be permitted for: a. agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b. agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c. a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and, 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; and, Development Services January 17, 2024 Report No. DS2024-007 Page 2 of 12 Page 127 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... d. infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way." Section 2.3.4.3 states "The creation of new residential lots in prime agricultural areas shall not be permitted, except in accordance with policy 2.3.4.1(c)." Notwithstanding the fact that the subject property contains two existing single detached dwellings, the PPS does not permit the creation of new residential lots in prime agricultural areas unless it meets the criteria for a residence surplus to a farming operation as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation). On the basis of the above policies, the proposed Consent application is not consistent with the PPS. Growth Plan for the Greater Golden Horseshoe (2019) The Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2 of the Growth Plan contains policies for "Where and How to Grow", and states in Section 2.2.9.6 that "New ... lots ... for residential development ... may be allowed in rural areas in site-specific locations with approved zoning or designation in an official plan that permitted this type of development as of June 16, 2006." However, the subject lands are not within a rural area that permits lot creation as defined by the Growth Plan. As will be discussed in later sections of this report, the Township's Official Plan has policies within the "Agricultural" designation that prohibit the creation of new residential lots. Therefore, on this basis, the proposed severance for the creation of a new residential lot would not conform to the Growth Plan policies of the Province. County of Simcoe Official Plan The subject lands are designated "Agricultural", "Rural" and "Greenlands" in the County of Simcoe Official Plan (refer to Schedule 4). The severed lands are located within the "Agricultural" designation. Section 3.3 of the County's Official Plan contains "General Development Policies" and, specifically, Section 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." Section 3.5.7 of the County's OP states: "In the Agricultural designation lot creation is discouraged and may only be permitted for: a) Agricultural uses, provided new lots for agricultural uses should not be less than 40 hectares or the original survey lot size, whichever is lesser, or 16 hectares in specialty crop areas. b) Agriculture-related uses (PPS 2014), provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services. Residential uses shall be prohibited on such lots, and they shall be zoned accordingly; Development Services January 17, 2024 Report No. DS2024-007 Page 3 of 12 Page 128 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... c) a residence surplus to a farming operation as a result of farm consolidation, provided that: i. the new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services, and should be an approximate size of 1 hectare; and ii. new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. To ensure that no new residential dwellings are permitted on the remnant parcel, municipalities may use approaches such as zoning to prohibit the development of a dwelling unit(s), and/or the municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies; or d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way." The purpose of Consent application 2023-B-21 is for the severance of an existing second dwelling on the subject property. 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. Committee members should have regard to any County comments that may be received. On this basis, Planning Staff are of the opinion that the proposed consent for the creation of a residential lot containing an existing dwelling does not conform with the County of Simcoe Official Plan. Township of Oro-Medonte Official Plan The Township's updated Official Plan (OP) was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on November 14, 2023. The majority of the OP came into force and effect on December 13, 2023, save and except appeals to specific sections of the OP. The applicants Consent application was deemed complete on December 21, 2023, therefore, the updated OP serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The subject lands are designated "Agricultural", "Rural" and "Greenlands" in accordance with Schedule "A— Land Use" of the Township's OP (refer to Schedule 5). The severed lands are located within the "Agricultural" designation. Section 2.5.5.2 states: "Lot creation in prime agricultural areas is discouraged and may only be permitted for: a) Agricultural uses, provided the severed and retained lots are each not less than 40.0 hectares; b) Agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and the appropriate sewage and water services; c) A residence surplus to a farming operation as a result of farm consolidation provided that: i. The surplus farm dwelling must be: a dwelling existing as of the date of adoption of this Plan; habitable; and located on a parcel which is actively farmed; ii. The new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services. Development Services January 17, 2024 Report No. DS2024-007 Page 4 of 12 Page 129 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... iii. The Township shall zone the new lot to an appropriate residential zone category and zone the remnant parcel of the farmland to prohibit residential uses as a condition of any severance created under this policy; or, d) Infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way." Section 4.9 of the Township's OP contains "Additional Residential Units" policies, and specifically, Section 4.9.12 states that "the severance of an Additional Residential Unit located within the primary dwelling unit or within an accessory building or structure through consent, subdivision or condominium, is prohibited. Additionally, surplus farm dwelling severance policies shall not be used to create a separate lot for Additional Residential Units." On the basis of the preceding, Planning Staff is of the opinion that the application to propose a new residential lot does not conform with the Township's Official Plan and recommend refusal of the application. Township of Oro-Medonte Zoning By-law 97-95 The subject property is currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended (refer to Schedule 6). Two dwellings on a property is not permitted in accordance with the Zoning By-law. Table B4-A of the Zoning By-law requires a minimum lot size of 0.4 hectares for a single detached dwelling in the "A/RU Zone". In addition, Table B4-B requires a minimum frontage of 45 metres for a lot in the "A/RU Zone" for a single-family dwelling. The applicant is proposing a lot size of 0.44 hectares and a lot frontage of 43.0 metres which would not comply with the minimum lot frontage for a residential use; therefore, the applicant will require a Minor Variance to recognize the non- complying lot frontage. Financial/Legal Implications/Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2019 • 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 Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Development Services January 17, 2024 Report No. DS2024-007 Page 5 of 12 Page 130 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... Staff are of the opinion that the proposed development is not consistent with the Township's strategic goals. 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: • Township Operations Division — o A 15mx15m daylight triangle at the corner of Line 2 North and Vasey Road. o A 3.Om road widening along Line 3 North — Line 3 North has been identified in the Road Network Plan as a collector road requiring a 23.Om ROW • Township Building Division — provide a site plan that indicates the following: o Location of all structures with setbacks to proposed property lines o Type of use of each structure, i.e. dwelling, accessory, agricultural o Location of all on-site sewage system components with setbacks to proposed property lines • Enbridge Gas — no objection • NVCA - The proposed consent application is outside of any regulated area, the NVCA has no concerns as presented. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Schedule 4: County of Simcoe Official Plan Schedule 5: Township Official Plan — Schedule A - Land Use Schedule 6: Existing Zoning Conclusion Based on Planning Staff's analysis of this application and consistent with policy concerns expressed through consultations with the applicant, staff recommends that Consent Application 2023-B-21 be denied on the basis that the application is not consistent with the Provincial Policy Statement, does not conform with the Growth Plan for the Greater Golden Horseshoe, and that it does not conform with the County of Simcoe Official Plan or with the Township of Oro-Medonte Official Plan. Respectfully submitted: Andy Karaiskakis, RPP, Manager, Planning Services, January 10, 2024 Approvals: Date: Brent Spagnol, RPP, Director, Development Services January 17, 2024 Development Services January 17, 2024 Report No. DS2024-007 Page 6 of 12 Page 131 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... Schedule 1: Location Map Rd w dw.v..Rgd.w. �Otl B.r�eq I qd game Rd.E. Iwo O ". 1 O RidY RdW. � 23; Vasey Rd. ` 5419 6414 6580 6331 Z 6501 nj 6362 Z �c �C J J 1507 6365 6229 Location !�'e��.� EM Subject Lands Township Prond Heritage,Exciting Future 0 100 m File Number:2023-6-21 ti U �� Development Services January 17, 2024 Report No. DS2024-007 Page 7 of 12 Page 132 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... Schedule 2: Aerial Photo rza.F. . ounhw Vallw 0.d,T- 0 7 *� Vasey-Rd. Y3 ,� 4'i 'a.f'� l:+�`H�..r��r4'�S ,�': ,a.iL''' ..r►a�lva+,. w�'..�,,.i It kY ,' � ,•v � ��w � �.gai t�Z Y� � Z "t +y..�^„ .•te., J�ko - �cl�:�. •s .. �;91�1t4.o'1�.:� '-. y V. ♦ c, Yti. _s �f v b. S � . Aerial a Q Subject Lands l 1 nj jf Proud Heritgie,Exciting Future J a 100 m File Number:2023-6-21 Development Services January 17, 2024 Report No. DS2024-007 Page 8 of 12 Page 133 of 232 6.d) 6:15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... Schedule 3: Applicant's Consent Sketch ands to be severed Lands . lie VA., \, WK 00 V, to ®Touo� Site Plan Proud Heritage,Exciting Future File Number: 2023-B-21 Development Services January 17, 2024 Report No. DS2024-007 Page 9 of 12 Page 134 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... Schedule 4: County of Simcoe Official Plan e Rd.W. xalwe vane Rd.E. erM1ae VePnY Rd I�n Oltl Ramie Rd.W. II c old Berrk Rd_E. I1 n� 10 11 R O In Rd<� 23 Vasey.Rd. z z 1 J J N County of Simcoe — Land Use Townsh �'�— ip of =3 Subject Lands Agricultural Proud Heritage,Exciting Future Greenlands - Rural 0 100 m File Number:2023-B-21 IV Development Services January 17, 2024 Report No. DS2024-007 Page 10 of 12 Page 135 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... Schedule 5: Township Official Plan — Schedule A - Land Use wne Id.E. RoneMoe Vell<y Rd,W. Old gerrle qd.W. ON genie qd.E. LL L D LL 19 11. q O rtd RAd tt Rd.W, --- - --�D vaS q Y,.idaa��Ns�'�� z z N crj C J J Township Approved Official Plan - Land Use i Pb Subject Lands Agricultural - GreenlandS Toumshipo� Rural Prond Heritage,Exciting Future 0 100 m File Number:2023-B-21 N II JiIJ—LL I Development Services January 17, 2024 Report No. DS2024-007 Page 11 of 12 Page 136 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... Schedule 6: Existing Zoning 7toM Rd.)174: 'I __ sysM1oe talky Rd 1. Old W de Rd.W I,Nu Old Barrle qd.E_ I� IO {L R1d,e 0 lO Wseg&p EP J NSM A/RU Z N A/RU C Z J M A/RU A/RU E J EP A/RU A/RU*222 A/RU*223 EP EP Existing Zoning � �� A/RU(Agricultural/Rural) � ` Subject Lands EP(Environmental Protection) Township of Proud Heritage,Exciting Future 0 100 m File Number:2023-6-21 N I I I Development Services January 17, 2024 Report No. DS2024-007 Page 12 of 12 Page 137 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... w Line 3 North W o a x� o CO c- U %%-W000 N m 'une z HD CM N O N O CIO 06 W — �� CL z Q CM 4--+ O C: t6 U Q 0 M . . -> a :3 o N 0 � 'L J LO N M O M ca Page 138 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... 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O () o � N � o 0 CO (D o CO O -C N 0- -1 p CD- 06 N C- O M W Q a� Q o p U) Pa>146 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... I W a (D CO N O U U) N J m CO N O N C— 1 � t O U U Q aD .X . ; r� Page 147 of 232 6.d) 6,15 p.rn. DS2 ',Andy Kara iskakis.,Manager, Planning Services,... w (D o x 3 y N � � o M U) a) N U) N O � °o (n C� y' J U � � L O (D O - > U U) U) J Page 148 of 232 6.d) 6.15 p.m. DS2024-007, Andy Karaiskakis, Manager, Planning Services,... aCn m Cu C w U O O — N 0 4-1� — w O p U — :� Ln � O }' p 3 a X Cn 0- a) U C: 3: CO— C 4— C 0 - ~ O � 'O CD U) C� U 0 L � + � � N p O U � m m � = 0 cii > U) c O UU' > N L � O N L oZS •U) � Q o O o 0 � 0 'cn . Z O o }' 'U CIO c m N � a) � o C E C: c LO O N � � .0C 4— U r U FL_ E 0 .Q .� E 0 U) O U L O m U O � _ O +J O O LI-- N U O E -0 CD n U m >+ (A U) !A N Q M O > O O .0 E O O � � O p � CDC O 4- U fn O C O N V -0 - p � M 0 N � 0 � ca. CD- 0 C) L �' a) -0 a) O O (n O }' c C O O O } O E U .� E o 0 p ° 0 - -0 c V L- � F- -0 2i � c Cn ±' N M Page 149 of 232 Ta) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment A... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Danielle Waters, Planner Meeting Date: January 17, 2024 Report No: DS2024-006 Subject: Zoning By-law Amendment Application 2023-ZBA-13, Heidi Meirovich, 2 Ward Avenue Type: Requires Action Motion No. Recommendation It is recommended: 1. That Report DS2024-006 be received and adopted; 2. That Zoning By-law Amendment Application 2023-ZBA-13 by Heidi Meirovich with respect to lands located at 2 Ward Avenue, be approved to rezone lands from Shoreline Residential (SR) Zone to Shoreline Residential Exception 353 (SR*353) Zone, for the purpose of changing the use of an existing detached accessory building into a Sleeping Cabin (bunkie). 3. That the appropriate staff bring forth the By-law for Council consideration; 4. And that the applicant be advised of Development Services Committee's decision under the Director, Development Services signature. Background The subject property has a lot area of 0.1 hectares (0.28 acres) and contains a single detached dwelling and detached accessory building. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. Development Services January 17, 2024 Report No. DS2024-006 Page 1 of 14 Page 150 of 232 Ta) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment A... During the October 4t", 2023 meeting, there was also a hearing for a minor variance (2023-A-37) for an addition to the single detached dwelling. The Nottawasaga Valley Conservation Authority (NVCA) reviewed this minor variance application and has noted there are no concerns regarding natural hazards as the existing development has occurred away from the features. Zoning By-law Amendment The purpose and effect of the proposed Zoning By-law Amendment is to rezone lands from Shoreline Residential (SR) Zone to Shoreline Residential Exception 353 (SR*353) Zone, for the purpose of changing the use of an existing detached accessory building into a Sleeping Cabin (bunkie). A copy of the proposed Zoning By-law Amendment is included as Schedule 7. The application was the subject of a Public Meeting that was held on October 4, 2023 to receive comments from members of the Committee and the public with regards to the proposed development. A number of written and oral comments were received from Township staff, external agencies, members of the Committee and neighbours. Analysis Provincial Policy Statement (2020) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The Nottawasaga Valley Conservation Authority (NVCA) was circulated on this application and has not provided comments at the time of writing this report. Committee shall have regard for any future comments received. As NVCA has previously reviewed a minor variance application on this property and noted there are no concerns regarding natural hazards as the existing development has occurred away from the features. In Planning Staff's opinion, no PPS objective would be served by requiring a Natural Heritage Evaluation (NHE) as the accessory building is an existing structure and only interior renovations are to occur. The entire property is regulated by the NVCA and will require a permit. Planning Staff is of the opinion that the proposed development is consistent with the Natural Heritage and Rural policies of 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 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 development is consistent with the Rural Areas policies in Development Services January 17, 2024 Report No. DS2024-006 Page 2 of 14 Page 151 of 232 Ta) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment A... the Growth Plan as the applicants are proposing interior renovations to an existing accessory building, which is a permitted use. Section 4.2.4 — Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies to this application as the proposed development is located adjacent to a watercourse. Specifically, Section 4.2.4.1 states: "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and, c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature." (p. 43-44). In Planning Staff's opinion, no Growth Plan objective would be served by requiring a Natural Heritage Evaluation (NHE) as the structure is existing and located within the developed portion of the lot and there is no new or increased impact created by the development on the natural heritage feature. The entire property is regulated by the NVCA and will require a permit. Based on the above, it is Planning Staff's opinion that the proposed development conforms to the Growth Plan. County of Simcoe Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the rural designation. On this basis, Planning Staff is of the opinion that the application generally conforms to the County of Simcoe's Official Plan. As of the preparation of this report, Staff have not received comments from the County. Committee members should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated Shoreline in the Township's Official Plan (2022). The Shoreline designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. The objectives of the shoreline areas are to: Development Services January 17, 2024 Report No. DS2024-006 Page 3 of 14 Page 152 of 232 Ta) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment A... • ensure that the existing character of this predominately residential area shall be maintained; • ensure that new development on the undeveloped lands in the Shoreline designation is properly serviced with the appropriate water and sewage services; • ensure that all existing sewage systems are upgraded wherever possible; • the natural features of the shoreline area and the immediate shoreline shall be conserved and, where possible, enhanced; and, • ensure that the impacts of new development on the natural heritage features and areas, vegetation and groundwater resources in the area are minimized. Section 2.11 of the Township's Official Plan (2022) outlines the permitted uses within the `Shoreline' designation, which includes single detached dwellings and accessory uses such as Sleeping Cabins. Section 5.24.2 Sleeping Cabins (Bunkies) provides the following criteria related to Sleeping Cabins: 1. Sleeping Cabins shall be permitted, as an accessory use to an existing residential use, in the Shoreline designation that permits residential uses. Sleeping Cabins are not permitted to have habitable space below grade. Conforms: existing residential use, no habitable space below grade. 2. Sleeping Cabins shall not be permitted in any area subject to natural hazards such as flooding or erosion hazards. Sleeping Cabins shall not be permitted in the required shoreline setback as defined by the Township's Zoning By-law, and shall be subject to the following policies: a) Sleeping Cabins shall be a maximum of one storey in height; Conforms: proposed cabin is one storey. b) The maximum gross floor area of a Sleeping Cabin shall not exceed 55 square metres (592 square feet); Conforms: proposed size of cabin is 43.6 square metres (470 square feet). c) Sleeping Cabins shall not be permitted in an accessory detached garage; Conforms: this is a total renovation of a detached garage, no space is to be utilized as a garage. d) Sleeping Cabins shall not be permitted in a boathouse. The conversion of a boathouse to Sleeping Cabins is prohibited; Conforms: not located in a boathouse. e) A maximum of one Sleeping Cabin per lot shall be permitted; Conforms: only one cabin. 3. Sleeping Cabins shall have approved capacity for sewage and water on the site and shall not contain a kitchen and/or a food preparation facilities. Conforms: application is required to submit a septic verification permit. No kitchen or food preparation facilities are noted in the drawings. Development Services January 17, 2024 Report No. DS2024-006 Page 4 of 14 Page 153 of 232 Ta) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment A... 4. The owner may be required to complete a declaration at the time of Building Permit submission that acknowledges the Sleeping Cabin is not to be used as a dwelling unit and that the Sleeping Cabin is to be used for temporary periods or seasonal purposes. Conforms: owner to submit a declaration at the time of Building Permit Submission. It is the opinion of Planning Staff that the application conforms to the policies of the Township's Official Plan. Proposed Zoning By-law Amendment The subject lands are currently zoned Shoreline Residential (SR) in accordance with the Township's Zoning By-law No. 97-95, as amended (refer to Schedule 5). The purpose of the Zoning By-law Amendment is to rezone lands from Shoreline Residential (SR) Zone to Shoreline Residential Exception 353 (SR*353) Zone, for the purpose of changing the use of an existing detached accessory building into a Sleeping Cabin (bunkie). The proposed exception would address Section 5.1.1 of the Zoning By- law which prohibits human habitation in a detached accessory building. The Townships new Official Plan is updated to allow for Sleeping Cabins within the shoreline area, however, the Zoning By-law has not yet been updated to reflect the new OP policies. Planning Staff are satisfied that the proposed use will not ditract from the neighbourhood. It is recommended that Council enact the draft Zoning By-law attached as Schedule 7 to this Staff report. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services January 17, 2024 Report No. DS2024-006 Page 5 of 14 Page 154 of 232 Ta) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment A... Corporate Strategic Priorities Well Planned Development: Guide growth while protecting the natural environment. Consultations Notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 120-metre (400 feet) radius of the lands for the Zoning By-law Amendment application. Notice signs were posted on the property and a statutory public meeting was held on October 4, 2023. As of the preparation of this report, the following comments have been received: Department/Agency Comments: • Township Infrastructure and Capital Projects: No comments. • Enbridge: Does not object. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: County Official Plan — Land Use Schedule 4: Township Official Plan — Land Use Schedule 5: Existing Zoning Schedule 6: Proposed Zoning Schedule 7: Draft By-law Conclusion Planning Staff recommends that Zoning By-law Amendment Application 2023-ZBA-13 be approved, specifically to rezone the lands to the Shoreline Residential Zone the Shoreline Residential Exception 353 (SR*353) Zone, be approved, specifically to permit the use of an existing detached accessory building as a Sleeping Cabin (bunkie) on the lands municipally known as 2 Ward Avenue, as the application conform to and is consistent with applicable Provincial, County and Township land use policies, and represents good planning. Respectfully submitted, Danielle Waters, Planner, January 5, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services January 11, 2024 Brent Spagnol, RPP, Director, Development Services January 11, 2024 Development Services January 17, 2024 Report No. DS2024-006 Page 6 of 14 Page 155 of 232 Ta) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment A... Schedule 1: Location Map 12 .,w„ 10 1808 8 s»a<Y tl Ft.W. T 6 r 1836 Horseshoe Valley Rd.E. d e7 43 51 59 67 75 83 � � 35 2 4 17 6 �dr a 8 23 10 qV@ 12 14 16 18 Location Q Subject Lands Ti f Proud Heritage,Exciting Fulm, 0 loom File Number:2023-A-37 and 2023-ZBA-13 ti i i I Development Services January 17, 2024 Report No. DS2024-006 Page 7 of 14 Page 156 of 232 Ta) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment A... Schedule 2: Aerial Photo AF . _, Pr r }L .-i '� 2 'ION 17eI ` 6 8 s 10 12 ' 14 16 Aerial '�V Q Subject Lands lY�/�i IC'lxtl Proud Heritage,Exciting Fulm, ^�,`� 0 100 M File Number:2023-A-37&2023-ZBA-13 I I I I I Development Services January 17, 2024 Report No. DS2024-006 Page 8 of 14 Page 157 of 232 Ta) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment A... Schedule 3: County Official Plan — Land Use Price Dr. Lakeview Dr. r =a w Horseshoe Valley Rd.E. to m v 4 Orser Dr. Q"ch Rd 0 �L County of Simcoe — Land Use o� =3 Subject Lands Agricultural Settlements TnunsDip�f Greenlands - Rural Proud Heritage,Exciting Future 0 100 m File Number:2023-A-37&2023-ZBA-13 N 1 Development Services January 17, 2024 Report No. DS2024-006 Page 9 of 14 Page 158 of 232 Ta) DS2024-006, Danielle Waters, Planner, re- Zoning By-law Amendment A... Schedule 4: Township Official Plan (2022) — Land Use u� d Lakeview Dr. d z Luw 'oaf. E. �I�i w w 1� 1 Orser Dr. gyr rR J Bass Lake N Township Adopted Official Plan - Land Use C'J Subject Lands Agricultural i Greenlands TinunsDip�f Rural Rural Settlements Proud Heritage,Exciting Fulm, Shoreline 0 300 m File Number:2023-A-37&2023-ZBA-1 3 ti Il ill Development Services January 17, 2024 Report No. DS2024-006 Page 10 of 14 Page 159 of 232 Ta) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment A... Schedule 5: Existing Zoning RI R3 RS eroo ,ii A/RU o Lakeview Dr. >_ w,13I'1 e• OS OL R3 W a,t Horseshoe Valley Rd.E. w*•�w. CIS A/RU-15 m w m aJ R1 'G a R1 1 I EP OS Orser Dr. `XI Ri SR SR A/RU Bass 9L@ Lake 3A1 O p5 RI yL N SR SR Existing Zoning _ r � Rl(Residential One) ` Subject Lands y of SR(Shoreline Residential) Towns{iiti��%IGLI�(1%jl�� A/RU(Agricultural/Rural) Proud Heritage,Exciting Fhnnr EP(Environmental Protection) OS(Open Space) 0 140 Meters File Number 2023-A-37 8 2023-ZBA-13 ® I 1 1 1 I Development Services January 17, 2024 Report No. DS2024-006 Page 11 of 14 Page 160 of 232 Ta) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment A... Schedule 6: Proposed Zoning ^. Proposed Zoning Lands Rezoned From the Shoreline Residential (SIR) Zone to the Shoreline Residential Exemption 353 �YJ� (SR*353)Zone 0 25 Meters File Number:2023-ZBA-13 I i i i I Development Services January 17, 2024 Report No. DS2024-006 Page 12 of 14 Page 161 of 232 Ta) DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment A... Schedule 7: Draft By-law The Corporation of the Township Of Oro-Mledonte By-Law No_2024-008 A By 4awto amend the zonings provisions which apply to lanlds at Plan 1222 Lot 1 Township of Oro-Medonte 2022-ZBA-13 Ih'fei rovichl Whereas t s Council of the C xpondion o�1he Township of Oro-M+ledonte is empowered to pass By-laws to regulate the use of land puramnl to Secticns 34 of the Planning Act, R.B.O. MO. c..P.13; And Whereas Council deems it appropriate to rezone the su*ct lands. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follcvws: 1. Schedule'A13' tG Zoning By-law!?7-95, as amended. is hereby further amended by changing the zone symbol applying to the lends located in Plan 1222 Lot 15. Township o•f Oro-Medonte.from Shoreline Residential (SR) Zcre to Shoreline Residential Exception 353 (SR"353)Zone, as shown on S&edule 'A" attached end forming part of this Gy4au. 2. Elackri r—Exception of Zoning By-law 97-95, as amended. is hereby further amended by adding the following subsections: '7.353*253 Plan 1222 Lot 15 jOF0j, Township of Oro-Medonte (Wirovich) Notwithst9nding"Section 5.1.1 —Uses PermMad in Detached Axes wy SurddGhgs and c ures, the existing detached accessory boding on the subject lands is permitted to be used as a sl4eepin,cabin (bunide). 3. S:�edule'A' attached to By-lsw No. 2C24-01315 is declared to fcrrn a part of this By-law. Th s E•y-'stir sna' coupe into effect upon the dale of passage hereof, subject to =he s of the Planning Act, as emended. By-Law read a Fi rst, Secand and Th ird Time.and Passed this 17' Day of January, MAL The Corporation of the Township of Oro-Medonte Mayor: Ranc y G:!e n la.wr Oepurtyt Clerk,Janette Tester Development Services January 17, 2024 Report No. DS2024-006 Page 13 of 14 Page 162 of 232 Ta) DS2024-006, Danielle Waters, Planner, re- Zoning By-law Amendment A... Schedule 'A' To By-Law No. 2024-006 The Corporation of the Township of Oro-Medonte -J ElLands Rezoned From the Shoreline Residential(S#RI Zone to the Shoreline Residential Exemption 353(SR'3531 Zone Thi= is Schedule'A'to By-Latin 2324-C48 passed the 17" day of January 2024 The Corporation of the Towiship of Cro-kledcnte K%yor, Rarxdy Greenlaw Deputy Cleric. Janette Teeter (Application 2023-ZBA-13) Development Services January 17, 2024 Report No. DS2024-006 Page 14 of 14 Page 163 of 232 7.b) DS2024-001 , Danielle Waters, Planner re: T emporary Trailer Agreeme... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Danielle Waters, Planner Meeting Date: January 17, 2024 Report No: DS2024-001 Subject: Temporary Trailer Agreement, 880 Warminster Sideroad, Michael Mills Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-001 be received and adopted. 2. That Committee authorizes the request of Michael Mills, to temporarily reside to a maximum of twenty-four (24) months from the passing of By-law No. 2024-001, in a trailer on the property at 880 Warminster Sideroad, and the trailer is to be removed after the completion of the 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 has a lot area of 21.88 hectares (54.0 acres) and is located on the east side of Warminster Sideroad (See Attachments #1 and #2). The applicant is requesting permission to temporarily live in a trailer for a period of up to twenty-four (24) months on the lands while a new dwelling is constructed on the property. However, living in a trailer is not permitted under the Township's Zoning By-law 97-95, as amended. The property currently has a single detached dwelling on it. The applicant will be submitting for a change of use permit to convert the structure into an agricultural building. This change of use must be approved prior to submission of a permit for the new dwelling. Development Services January 17, 2024 Report No. DS2024-001 Page 1 of 6 Page 164 of 232 7.b) DS2024-001 , Danielle Waters, Planner re: T emporary Trailer Agreeme... Analysis The Township has historically allowed owners to temporarily reside in their existing dwelling or a trailer during construction of the new dwelling/renovation. This practice has been followed contrary to the Township's Zoning By-law, which only allows one dwelling per property and prohibits human habitation of a trailer (outside of licensed trailer parks); however, it is considered a reasonable compromise to assist owners in these hardship cases. A financial deposit and agreement (see Attachment #3) stipulating the terms of the approval will be required to be executed with the owners which ensures compliance after the renovation is complete. As the applicant is required to post securities for $2,500.00 to ensure the removal of the trailer, it is anticipated that the applicant will expedite the construction in order to have their securities returned expeditiously. The applicant will be required to submit their cheque for $2,500.00 as the security deposit to ensure the removal of the trailer, prior to the building permit for the dwelling being issued. Financial/Legal Implications/ Risk Management A $2,500 security deposit is required prior to issuance of a building permit for the new dwelling to ensure removal of the trailer once the new dwelling is constructed. Policies/Legislation • Planning Act • Building Code Act Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations • Landowner Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Temporary Trailer Agreement Conclusion Approval of the attached agreement to permit the landowner to use a trailer for a maximum twenty-four (24) month period while a new dwelling is constructed, is considered appropriate and should be authorized. Page 165 of 232 7.b) DS2024-001 , Danielle Waters, Planner re: T emporary Trailer Agreeme... Respectfully submitted, Danielle Waters, Planner, December 21, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services December 21, 2023 Brent Spagnol, RPP, Director, Development Services December 22, 2023 Page 166 of 232 7.b) DS2024-001 , Danielle Waters, Planner re- T emporary Trailer Agreeme... Schedule 1: Location Map .w,w Ra 4191 4040 1066 Warminster Srd. _ _ 919 -1 3901 3999, Location ® Subject Lands To l:ipot�'�� (, Proud Heritage,Exciting 1 n, J 0 loom ti l i i i l Page 167 of 232 7.b) DS2O24-001 , Danielle Waters, Planner re- T emporary Trailer Agreeme... Schedule 2: Aerial Photo mad.w.w iA `i,PdE Z a as. O J --- - Warminster Side - �! ., �- Aerial Q Subject Lands Proud Heritage,Exririgt Fulim 0 100 m Page 168 of 232 7.b) DS2024-001 , Danielle Waters, Planner re: T emporary Trailer Agreeme... Schedule 3: Temporary Trailer Agreement Schedule "A" to By-law No. 2024-001 AGREEMENT In consideration of receiving a building permit from the Township of Oro-Medonte, I, Michael Mills, 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 11 West Part Lot 6 (Medonte), Township of Oro-Medonte, being more particularly described as 880 Warminster Sideroad. 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 twenty-four(24) months from the passing of By-law No. 2024-001 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. Page 169 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: January 17, 2024 Report No.: DS2024-013 Subject: Minor Variance Application 2023-A-33, David Tomingas, 2249 Lakeshore Road East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-013 be received and adopted. 2. That Minor Variance Application 2023-A-33 by David Tomingas specifically for permission to build a detached accessory building with an increase in height of 5.0 metres (16.4 feet) and increase in floor area of 126.3 square metres (1,359.0 square feet), on lands municipally known as 2249 Lakeshore Road East, Township of Oro-Medonte, be denied on the basis that the proposed development does not conform to the general intent of the Zoning By-law, is not appropriate for the desirable development of the lot and is not minor. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 0.15 hectares (0.36 acres), according to MPAC records, and contains a single detached dwelling. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. Minor Variance application 2023-A-33 was presented to Development Services Committee on September 6, 2023. The applicant was originally requesting an increase Development Services January 17, 2024 Report No. DS2024-013 Page 1 of 17 Page 170 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... in height from 4.5 metres (14.7 feet) to 5.3 metres (17.4 feet), an increase in lot coverage from 5% to 5.6% and an increase in floor area from 70.0 square metres (753.5 square feet) to 130.5 square metres (1,405.2 square feet). Planning Staff expressed concerns regarding the size of the structure and that it would stand-out and appear to be the primary structure on the property. The Committee deferred the application to provide the applicant the opportunity to address Planning Staff's comments. Planning Staff had discussions with the property owner with regards to reducing the size of the building. Planning Staff received revised plans on December 20, 2023, which are included as Schedules 4 and 5 to this report and summarized in the table below. The revised plans show a proposed detached accessory building (garage) with a total floor area of 126.3 square metres (1,359.0 square feet), a reduction of 4.2 square metres (45.2 square feet). Planning Staff previously expressed concerns that the proposed 4.2 square metres reduction in size of the building would not change staff's recommendation; however, the owner wanted to bring the revised plans back to the Committee to explain the reasons for needing a larger building. The applicant is proposing to build a detached accessory building (garage). The applicant is seeking relief to the following sections of Zoning By-law 97-95, as amended: Section 5.1.4 - Maximum Height Required: Proposed: 4.5 metres 14.7 feet 5.0 metres 16.4 feet)* *Originally requested 5.3 metres (17.4 feet) Section 5.1.5 - Maximum Lot Coverage Required: Proposed: 5% 5.6%** **This variance is no longer required as the owner is now proposing to remove the existing pump house to bring the total lot coverage down to less than the maximum permitted lot coverage of 5%. Section 5.1.6 - Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) 1 st floor: 71.3 square metres (768.0 square feet) 2nd floor: 54.9 square metres (591.0 square feet) Total: 126.3 square metres (1,359.0 square feet)*** ***Originally requested: 1 st floor: 71.3 square metres (768.0 square feet) 2nd floor: 59.2 square metres (637.2 square feet) Total: 130.5 square metres (1,405.2 square feet) Development Services January 17, 2024 Report No. DS2024-013 Page 2 of 17 Page 171 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... The applicant's site plan, elevation drawings and floor plans are included as Schedules 3, 4 and 5 to this report. Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development will not impact the natural features or functions. Planning Staff is of the opinion that this application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 — Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the Development Services January 17, 2024 Report No. DS2024-013 Page 3 of 17 Page 172 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... proposed development is consistent with the LSPP as the proposed detached accessory building will be located further from Lake Simcoe than the existing dwelling and it is not anticipated to have any adverse impact on the Lake Simcoe shoreline. The location of the proposed detached accessory building (garage) is not regulated by the Lake Simcoe Region Conservation Authority (LSRCA); however, since portions of the property are regulated, the application was circulated to the LSRCA. Based on their review from a natural hazards and watershed management perspective, they have no objection to the proposed Minor Variance. The LSRCA's full comments can be found in Schedule 6 to this report. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the proposed detached accessory building is accessory to the permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan (2022). The Shoreline designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. The objectives of the shoreline areas are to: • ensure that the existing character of this predominately residential area shall be maintained; • ensure that new development on the undeveloped lands in the Shoreline designation is properly serviced with the appropriate water and sewage services; • ensure that all existing sewage systems are upgraded wherever possible; • the natural features of the shoreline area and the immediate shoreline shall be conserved and, where possible, enhanced; and, Development Services January 17, 2024 Report No. DS2024-013 Page 4 of 17 Page 173 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... ensure that the impacts of new development on the natural heritage features and areas, vegetation and groundwater resources in the area are minimized. Section C5.2 of the Township's Official Plan (1997) outlines the permitted uses within the `Shoreline' designation, which includes single detached dwellings and by extension accessory uses, such as detached garages. The proposed variances conform to the general intent and purpose of the Official Plan as the applicant is proposing to build a new detached accessory building, which is accessory to a permitted residential use in the Shoreline Designation and is not anticipated to conflict with the Official Plan's objectives to protect the natural features of the shoreline area. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1. The applicant has requested relief from the Zoning By-law to permit the construction of a new detached accessory building with an increased height and floor area. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. Properties that abut Lake Simcoe are permitted to have a detached accessory building in the front yard provided that it is set back a minimum distance of 7.5 metres (24.6 feet) from the front lot line in the Shoreline Residential zone. The proposed detached accessory building will comply with all the required setbacks. A detached accessory building in the Shoreline Residential zone is permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The applicant is proposing to build a new detached accessory building with a total floor area of 126.3 square metres (1,359.0 square feet), which is less than the original proposed floor area of 130.5 square metres (1,405.2 square feet). The main level is proposed to have an area of 71.3 square metres (768.0 square feet) and will be used as a garage for the parking of vehicles, and the second floor is proposed to have an area of 54.9 square metres (591.0 square feet) and is proposed to be used for storage. It should be noted that only the areas with a ceiling height of 1.8 metres (5.9 feet) or more are included in the floor area calculation. The proposed detached accessory building is larger than the existing single detached dwelling which has a gross floor area of approximately 81.3 square metres (875.0 square feet) according to MPAC records. The applicant had originally requested a variance to increase the maximum lot coverage from 5% to 5.6%; however, this variance is no longer required as he is now proposing to remove the existing pump house. Development Services January 17, 2024 Report No. DS2024-013 Page 5 of 17 Page 174 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Section 5.1.4 of the Zoning By-law allows a maximum height of 4.5 metres (14.7 feet) for detached accessory buildings, which is measured from average grade to mid-roof. The applicant has requested a variance to increase the height to 5.0 metres (16.4 feet), which is less than the original proposed height of 5.3 metres (17.4 feet). The existing one-storey dwelling is approximately 4.6 metres (15.0 feet) tall to peak. The proposed reduction in the size of the building, 4.2 square metres (45.2 square feet) smaller than originally proposed, does not change Planning Staff's opinion that there are concerns that the garage will stand out as the primary structure on the lot due to the size of the proposed accessory building relative to the existing dwelling. On this basis, it is Planning Staff's opinion that the proposed detached accessory building does not conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? During the site visit, Planning Staff considered surrounding properties and the established character and built form of the neighbourhood. The majority of the shoreline properties are of similar size and a number of them have an accessory building in front of the dwelling. Upon site visit, Planning Staff noted that only one other accessory building was subject to a Minor Variance Application. Specifically, Minor Variance application 2020-A-35 permitted a two-storey detached accessory building at 2269 Lakeshore Road East with a maximum height of 5.77 metres (18.93 feet) and a maximum floor area of 108.7 square metres (1,170.0 square feet). In this case, the detached accessory building (garage) was deemed secondary and subordinate to the existing dwelling that has a total floor area of (165.9 square metres) 1,786 square feet according to MPAC records. In Planning Staff's opinion, the proposed two-storey garage at 126.3 square metres (1,359.0 square feet) is not secondary and subordinate to the existing one-storey dwelling at 81.3 square metres (875.0 square feet). Therefore, Planning Staff have concerns that the proposed structure will stand-out and appear to be the primary structure on the property. For these reasons, Planning Staff are of the opinion that the proposed variances are not considered appropriate for the desirable development of the lot. Are the variances minor? "Minor" is not determined on a mathematical basis. Neither the number of variances requested nor the percentage of difference between the permitted standard and what is proposed are counted. Instead, the question is one of whether there will be an adverse impact and what site-specific characteristics the lands may have that could mitigate those impacts. For example, on a different property in a different setting the same variances might be entirely appropriate. However, in this case, the proposed variances Development Services January 17, 2024 Report No. DS2024-013 Page 6 of 17 Page 175 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... would result in an accessory building that is significantly larger than the existing dwelling. As the proposed variances are not considered to meet the general intent of the Zoning By-law and are not desirable for the appropriate development or use of the lot, the variances are not considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. At this time, Staff are unable to determine if the proposed development is consistent with the Township's strategic goals. 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. A letter of support was submitted by the neighbours located at 2253 Lakeshore Road East and 2252 Lakeshore Road East. A letter was received from the neighbours located at 2247 Lakeshore Road East expressing concerns with regards to the noise levels associated with the renovations of the dwelling; yet are hopeful that the owner builds a garage suitable to the neighbourhood. The neighbour located at 2251 Lakeshore Road East expressed concerns with regards to drainage and size of the garage relative to neighbouring dwellings. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: Development Services January 17, 2024 Report No. DS2024-013 Page 7 of 17 Page 176 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... • Alderville First Nation — An archaeological assessment will need to be completed prior to disturbing the soils in any way. This property is directly on waterfront, and as such has a high potential for archaeological resources to be present as well as the potential for burials. • Township Infrastructure and Capital Projects — No comments. • Township Building Division — No comment. • Lake Simcoe Region Conservation Authority— See Schedule 6. With respect to the comments received from the Alderville First Nation requesting the preparation of an archaeological assessment, Planning Staff is of the opinion that no planning or archaeological objectives would be furthered through requiring the applicant to undertake an archaeological study in this particular situation as the subject lands are already developed in this established shoreline residential area. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Schedule 5: Floor Plans Schedule 6: Lake Simcoe Region Conservation Authority Comments Dated September 1, 2023. Conclusion Planning Staff recommends that Minor Variance Application 2023-A-33 be denied on the basis that the proposed development does not conform to the general intent of the Zoning By-law, is not appropriate for the desirable development of the lot and is not minor. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, January 11, 2024. Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services January 12, 2024 Brent Spagnol, RPP, Director, Development Services January 12, 2024 Development Services January 17, 2024 Report No. DS2024-013 Page 8 of 17 Page 177 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 1: Location Map sM1a<Volkv Ptl.W. 7 ON BartkW Dla Erne ad.E. a,a E.pe N 61 J 385 2262 504 22" 2265 2212 takeshOve Robinson St. 2237 530 2211 '_ y Lake Simcoe Location --S Q Subject Lands TnwasDipnf Proud Heritage,Exciting Fut ur 0 loom File Number:2023-A-33 N I i i i Development Services January 17, 2024 Report No. DS2024-013 Page 9 of 17 Page 178 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 2: Aerial Photo 2�262 oy.., ...a. 2260 •� 2�258 _ 2�256 I 2252 "2�250 2�248 ` 2�246 2�238 265 aKeSroCeRd 2261 2259," 2257 .- 42*255 2�251 2�249 � 2-247 2�245 2241 } ;2�237 ,i Aerial Q Subject Lands Proud Heritage,Exciting Fnnnc 0 100 M File Number:2023-A-33 Development Services January 17, 2024 Report No. DS2024-013 Page 10 of 17 Page 179 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 3: Applicant's Site Plan ux:�ma-a.*ftn .-LAKESHORE ROAD '� ' a°�r• Proposed Detached Accessory Buildoeg 1 I I ♦� 1 - I i � I AA I 1 /LypJyryljV ,I 1 �� LO �J(V�°� 1 r LOT 58 s Ti1�.• 40. Rr b ,�� • -e `a :I;s x peg-cQu R.O-sx Y LAKF,SIMCOE Site Plan Proud Heritage,F.xcitirlq Futurr File Number:2023-A-33 Development Services January 17, 2024 Report No. DS2024-013 Page 11 of 17 Page 180 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 4: Elevation Drawings -tte ,-"Ll o -Fr: EL=00 EXTERIOR ELEVATION /N EXTERIOR ELEVATION A. � �r . -------- t�Q 00 � 00 00 I I � I • ^ w s EXTERIOR ELEVATION , . EXTERIOR ELEVATION Elevation Drawings B�,ou u,,; ~�,� f Proud Heritage,Exciting Futurr File Number:2023-A-33 Development Services January 17, 2024 Report No. DS2024-013 Page 12 of 17 Page 181 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 5: Floor Plans AZ }\ �l � Y r � r„----� r•.�----t ... I I I I I I I I Y I I I I Y �i Lt+z� AWN LEVEL FLOOR PLAN(768 SQ.FT.) n'c rs:�rat-trs:�—r.n:• 0 y ... L X _ ••YL L � Ys: Ijl I Ij I I Ij � UPPER LEVEL FLOOR PLAN(591 SOFT.} , r ar Floor Plans ,� Proud Heritage,Excititrq Fnturr File Number:2022-A-33 Development Services January 17, 2024 Report No. DS2024-013 Page 13 of 17 Page 182 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 6: Lake Simcoe Region Conservation Authority Comments Dated September 1, 2023 Lake Simcoe Region conservation authority www.LSRCA.on.ca Sent via a-mai:p'anning@oro-medonte.ca September 1,2023 Municipal File No.:2023-A-33 LSRCA File No.:VA-1737DS-082123 Andy Karaiskakis Secretary-Treasurer Deve'opment Services,Township of Oro-Medonte 148 Line 7 South Oro-Medonte,ON LOL 2EO Dear Mr.Karaiskakis: Re: Application for Minor Variance 2249 Lakeshore Rd E Township of Oro-Medonte Owner:David Tomingas Thank you for circulating the above-captioned application to the Lake Simcoe Region Conservation Authority('LSRCA")for review and comment. It is our understanding that the applicant is proposing to construct a detached accessory bui ding(garage)and is seeking relief from the fo.lowing sections of the Township's Zoning By-law 97-9S,as amended: Section 5.1.4—Maximum Height Required: Proposed: 4_S metres(14.7 feet) 5.3 metres(17.4 feet) Section 5.1.5—Maximum Lot Coverage Required: Proposed: 5°0 5.6% Section 5.1.6—h1aximum Voor Area Required: Proposed: 70.0 square metres(753.S square feet) V floor.71.3 square metres(768.0 square feet) 2"d floor:59.2 square metres(637.2 square feet) Total:130.5 square metres(1,495.2 square feet) 120 Bayview Parkway T 905.895.1261 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario TF 1.800.46S.0437 Development Services January 17, 2024 Report No. DS2024-013 Page 14 of 17 Page 183 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Lake Simcoe Region CC,iSr-yawin Jt ihpn7%, Page 2 of 4 Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Pubic Hearing (dated August 15"', 2022) Staff has reviewed this application as per our de egated responsibility from the Province of Ontario to represent provincial interests regarding nature: hazards identified in Section 3.1 of the Provincial Policy Statement, 2020 (PPS) and as a regu:ator; authority under Ontario Regu'ation 179/06 of the Conservation Authorities Act. The LSRCA has also provided comments as per our Memorandum of Understanding(MOU)with the Township of Oro-Medonte. Recommendation Eased on our review from a natural hazards and watershed management perspective, we confirm that LSRCA has no objection to the proposed Minor Variance subject to the f6lowing condition: • That the owner provide the required fee payment for Minor Variance (Minor— Planner Review Only)of S536.00,as per the LSRCA Fee Schedu e. Site Characteristics Existing mapping indicates the fo louring: • The subject property is partially regulated by the LSRCA under Ontario Regulation 179/06 for shore:ine flooding and erosion hazards. Please note: LSRCA staff have no: attended any site meetings at this location related to the suojec: applications. Development Services January 17, 2024 Report No. DS2024-013 Page 15 of 17 Page 184 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Lake Simcoe Region rr.-ise-vabon aLthonty Page 3 of 4 2249 Laka•hwe Rd t Or*-Medonle . 9holtlina hatanL k5W.A aes.r • �w.+�oe.+wr ce,,,,.W-6 ot%@ - lM)ve4 Msl Ml.w.r n.* `1 vncc� Mlw\ Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). There are identified natura hazards on the subject lands (shoreline flooding and erosion hazards). The proposal is consistent with 3.1 of the PPS as the development would be outside of the shoreline hazard area. 2. LSRCA has reviewed the application 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 regu ate development in or adjacent to river or stream valleys, Great Lakes and inland lake shore ines, watercourses, hazardous lands and wetlands. Development taking place on these ands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pol ution or the conservation of land are not affected. LSRCA a so regu ates the alteration to or interference in any way with a watercourse or wet and There are regulated elements on this site The proposed development is located outside of the regu ated portion of the property and therefore a permit from the LSRCA would not be Development Services January 17, 2024 Report No. DS2024-013 Page 16 of 17 Page 185 of 232 7.c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Lake Simcoe Re; .r,-tcr'vali�n 0, ;h Page 4 of required at this time. Shou d development and/or site alteration be proposed in the future within the regulated portion of the property, a permit from the LSRCA would be required. Summary Based on our review from a natural hazards and watershed management perspective, we confirm that LSRCA has no objection to the proposed Minor Variance subject to the following condition: • That the owner provide the required fee payment for Minor Variance (Minor— Planner Review Only)of 5536.00,as per the LSRCA 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;and 2. Ontario Regulation 179/06 does apply to the subject site. A permit from LSRCA wi I not be required prior to the proposed development taking place as it would be outside of the regulated portion of the property. Please inform this office of any decision made by the municipality with regard to this application. We respectfully request to receive a copy of the decision and notice of any appeals filed. Should you have any questions, please contact the undersigned(e.dias@lsrca.on.ca) Sincerely, Emma Dias Junior P anning and Natura Heritage Analyst Development Services January 17, 2024 Report No. DS2024-013 Page 17 of 17 Page 186 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Michael Barton, Township Planning Consultant Meeting Date: January 17, 2024 Report No: DS2024-012 Subject: Zoning By-law Amendment Application 2023-ZBA-09, Wes Reynolds, 72 Line 9 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-012 regarding a Zoning By-law Amendment applying to lands municipally known as 72 Line 9 North, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2023-ZBA-09 by Wes Reynolds for 72 Line 9 North, that would amend Zoning By-law No. 97-95, as amended, by rezoning a portion of the subject lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 351 (A/RU*351) Zone to permit an on-farm diversified use to occupy a 1.3 hectare (3.2 acre) portion of the subject land, including an existing 900.0 square metre (9,688.0 square feet) detached building, be approved. 3. That the appropriate staff bring forth the By-law for Council consideration. 4. And that the applicant be advised of Committee's decision under the Director, Development Services' signature. Development Services January 17, 2024 Report No. DS2024-012 Page 1 of 28 Page 187 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... Background 1. Site Location and Existing Conditions The subject lands are located at 72 Line 9 North, as illustrated on Schedule 1. Aerial views of this property and its limits are provided in Schedule 2. 72 Line 9 North is approximately 40 hectares (100 acres) in area with frontage along both Line 9 North and Highway 11 South. The property is accessed from Line 9 North and there is no existing or proposed access on Highway 11 South. The property is predominantly used as a Christmas Tree Farm and includes an existing residential building and accessory structures. Most of the property is heavily treed except for approximately 1.3 hectare (3.2 acre) of land that is currently occupied by a 900 m2 storage building and granular surface parking/vehicular maneuvering area. This property is legally described as Part of Lot 20,Concession 8 (Oro), Township of Oro- Medonte, County of Simcoe. The surrounding lands include the following: • Highway 11 to the south and to the east; • An auto parts operation and boat dealership to the east on the northwest corner of Highway 11 and Line 9 North; • Agricultural lands east of Line 9 North; and • Agricultural and wooded lands to the north and west. Schedule 3 includes site photographs illustrating the existing site conditions and uses on the subject lands. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject lands: • Simcoe County Official Plan: Agricultural and Greenlands • Township of Oro-Medonte Official Plan: Agricultural, Environmental Protection One, Environmental Protection Two • Township of Oro-Medonte Agricultural & Greenlands Official Plan (2022): • Zoning By-Law: Agricultural/Rural (A/RU) & Environmental Protection (EP) The subject lands are also located outside of the regulated area of the Lake Simcoe Region Conservation Authority (LSRCA). Development Services January 17, 2024 Report No. DS2024-012 Page 2 of 28 Page 188 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... 3. Proposal and Development Application The proposed site plan for the subject lands is included in Schedule 4. The purpose of the application is to amend Zoning By-law No. 97-95, as amended, by rezoning 1.3 hectares (3.2 acres), including the existing 900 mz detached building, from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception (A/RU*351) Zone to permit an on-farm diversified use. Approximately half (50%) of the existing building is currently used for storage of equipment associated with a Christmas tree farm on the lands. The balance of this structure (approximately 50%) is proposed as a separate unit for a uses such as: a storage warehouse, an on-line business, small assembly, dock sales, an electrician or plumber's office. The proposed Zoning By-law Amendment would provide that notwithstanding Table B4 of the Zoning By-law, site-specific performance standards will be established to permit the proposed uses Analysis Planning Act Section 2 of the Planning Act provides that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest including those identified in this section of the Act. I have considered these matters of interest in completing my land use planning analysis and forming my expert land use planning opinion with respect to the development proposal and application. It is my opinion that this application has appropriate regard for these matters of provincial interest, specifically the following: (a) the protection of ecological systems, including natural areas, features and functions; (b) the protection of the agricultural resources of the Province; (c) the conservation and management of natural resources and the mineral resource base; (p) the appropriate location of growth and development; (r) the promotion of built form that, (i) is well-designed, (ii) encourages a sense of place, and (iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant. The proposed Zoning By-Law Amendment relates only to a 1.3-hectares the 40-hectare parcel that is within the A/RU zoning designation and is currently occupied by an existing detached structure and parking/vehicular maneuvering area. The balance of the lands zoned A/RU and the lands zoned EP are not part of this application and will Development Services January 17, 2024 Report No. DS2024-012 Page 3 of 28 Page 189 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... maintain the current zoning permissions and regulations. The trees and natural heritage features and characteristics of the property that are outside of the 1.3-hectare area will not be altered or impacted in any way by the proposal. Moreover, the proposed on-farm diversified use will take place within the building and parking/vehicular maneuvering area that has already been constructed on these lands, which will minimize any change or impact to the existing built form character. Provincial Policy Statement 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 2 are applicable to this application. Table 2 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.4 Rural Areas in Municipalities 1.0 Building Strong Healthy Communities 1.1.4.1 Healthy,integrated and viable rural areas should be supported by: 1.1 Managing and Directing Land Use to a)building upon rural character,and leveraging rural amenities and assets; Achieve Efficient and Resilient d)encouraging the conservation and redevelopment of existing rural housing Development and Land Use Patterns stock on rural lands; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; h)conserving biodiversity and considering the ecological benefits provided by nature;and i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3. 1.1.5 Rural Lands in Municipalities 1.1.5.2 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. Development Services January 17, 2024 Report No. DS2024-012 Page 4 of 28 Page 190 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... 1.1.5.3 Recreational,tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 2.0 Wise Use and Management of 2.1.1 Natural features and areas shall be protected for the long term. Resources 2.1.2 The diversity and connectivity of natural features in an area,and the long- 2.1 Natural Heritage term ecological function and biodiversity of natural heritage systems,should be maintained,restored or,where possible,improved,recognizing linkages between and among natural heritage features and areas,surface water features and ground water features. 2.3 Agriculture 2.3.3 Permitted Uses 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. 6.0 Definitions On-farm diversified uses:means uses that are secondary to the principal agricultural use of the property,and are limited in area.On-farm diversified uses include,but are not limited to,home occupations,home industries,agri- tourism uses,and uses that produce value-added agricultural products. Ground-mounted solar facilities are permitted in prime agricultural areas, including specialty crop areas,only as on-farm diversified uses. It is my opinion that the development proposal and requested Zoning By-Law Amendment are consistent with the applicable policies of PPS 2020 for the following reasons: • The application will maintain the existing use and character of the agricultural/rural and environmental protection lands outside of the 1.3-hectare portion proposed to be re-zoned; • The existing built form character of the 1.3-hectare portion of the subject lands, including the detached building and parking/vehicular maneuvering area, will be maintained; • The addition of the on-farm diversified use will increase the range of economic and employment activities on the subject lands in a manner that is compatible with the agricultural/rural and natural heritage character of the property and surrounding area; • On-farm diversified uses are permitted on rural lands in municipalities and in prime agricultural areas; • The proposed on-farm diversified use will be compatible with and not adversely impact agricultural operations on the subject lands or the surrounding area; and Development Services January 17, 2024 Report No. DS2024-012 Page 5 of 28 Page 191 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... • The proposed use will be secondary to the existing Christmas tree farm use and limited to the 1.3 hectares of the subject lands and 450 m2 of the floor area of the existing structure. A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 As set out in Section 1.2.2, A Place to Grow— Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. It is my opinion that the development proposal and requested Zoning By-Law Amendment conform to the applicable Growth Plan policies, specifically those policies included in Table 3. Table 3 - Policy Matrix (A Place to Grow— Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Protect and enhance natural heritage,hydrologic,and landform systems, Principles features,and functions. • Support and enhance the long-term viability and productivity of agriculture by protecting prime agricultural areas and the agri-food network. 2.2 Policies for Where and 2.2.9 Rural Areas How to Grow 1. Municipalities are encouraged to plan for a variety of cultural and economic opportunities within rural settlements to serve the needs of rural residents and area businesses. 2. Public service facilities in rural settlements should be co-located and integrated in community hubs,and priority should be given to maintaining and adapting existing public service facilities in community hubs to meet the needs of the community,where feasible. 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. Development Services January 17, 2024 Report No. DS2024-012 Page 6 of 28 Page 192 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas (OMAFRA) The Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas were published by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) with the stated purpose of helping municipalities, decision-makers, farmers and others interpret the policies in PPS with respect to the uses that are permitted in prime agricultural areas. These Guidelines comprise the provincial guidelines referred to in Policy 2.3.3.1 of the PPS. This document provides guidance on the following: • agricultural, agriculture-related and on-farm diversified uses described in Policy 2.3.3. of the PPS; • removal of land for new and expanding settlement areas (PPS, Policy 2.3.5) and limited non-agricultural uses in prime agricultural areas (PPS, Policy 2.3.6); and • mitigation of impacts from new or expanding non-agricultural uses (PPS, Policy 2.3.6.2). The policy analysis matrix in Table 4 summarizes the applicable policies of these Guidelines. It is my opinion that the application is consistent with these guidelines for the following reasons: • The existing agricultural use on the subject lands will be maintained with the Zoning By-Law Amendment applying only to the 1.3 hectare area currently occupied by the existing structure and the parking and vehicular maneuvering area; • The proposed on-farm diversified use will support the rural economy and diversify the economic activities occurring on the subject lands; • The proposed on-farm diversified use will be secondary to the main agricultural use and limited in area relative to the total area of the subject lands and also limited to only 450 m2 in floor area within the existing structure; • The proposed on-farm diversified use will be compatible with the existing agricultural operations on the subject lands and on surrounding lands; • The proposed use is consistent with the uses identified as examples of on-farm diversified uses. Table 4— Policy Matrix - Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas Policy Section Policy Details 1.3 Objectives and Criteria for The criteria for the uses permitted in prime agricultural areas are specifically derived Permitted Uses from PPS policies and definitions.They revolve around two key objectives: 1.maintaining the land base for agriculture(PPS Policy 2.3.1) Development Services January 17, 2024 Report No. DS2024-012 Page 7 of 28 Page 193 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... 2.supporting a thriving agricultural industry and rural economy(PPS Vision and PPS Policy 1.1.4) These objectives may at times compete with each other.These guidelines are intended to help decision-makers balance the objectives.This can be done by ensuring all applicable criteria are met for the permitted uses. Table 1.Criteria for permitted On-Form Diversified uses in prime agricultural areas 1. Located on a farm 2.Secondary to the principal agricultural use of the property 3. Limited in area 4. Includes,but is not limited to,home occupations,home industries,agri-tourism uses and uses that produce value-added agricultural products 5.Shall be compatible with,and shall not hinder,surrounding agricultural operations 2.3 On-Farm Diversified Uses. A wide variety of uses may qualify as on-farm diversified uses based on the PPS definition,as long as they meet the criteria described below.On-farm diversified uses should be related to agriculture,supportive of agriculture or able to co-exist with agriculture without conflict.On-farm diversified uses are intended to enable farm operators to diversify and supplement their farm income,as well as to accommodate value-added and agri-tourism uses in prime agricultural areas. 2.3.1 PPS Criteria for On-Form Diversified Uses All of the following criteria must be met to qualify as on-farm diversified uses,in accordance with the PPS. 1. Located on a farm.(from the label"on-farm"diversified uses and from the definition's requirement that the use be secondary to the principal"agricultural use"of the property) 2.Secondary to the principal agricultural use of the property.(from the PPS definition of on-farm diversified uses). 3. Limited in area.While PPS policies enable a wide variety of on-farm economic opportunities,the PPS also requires those uses are limited in area.This criterion is intended to: •minimize the amount of land taken out of agricultural production,if any •ensure agriculture remains the main land use in prime agricultural areas •limit off-site impacts(e.g.,traffic,changes to the agricultural-rural character)to ensure compatibility with surrounding agricultural operations 4. Includes,but is not limited to, home occupations,home industries,agri-tourism uses and uses that produce value-added agricultural products. 5.Shall be compatible with,and shall not hinder,surrounding agricultural operations. 2.3.2 Examples of On-Farm • Value-added uses that could use feedstock from outside the surrounding Diversified Uses agricultural area(e.g.,processor,packager,winery,cheese factory,bakery, abattoir) • Home occupations(e.g.,professional office,bookkeeper,land surveyor,art studio,hairdresser,massage therapist,daycare,veterinary clinic,kennel, classes or workshops) • Home industries(e.g.,sawmill,welding or woodworking shop,manufacturing/ fabrication,equipment repair,seasonal storage of boats or trailers) Development Services January 17, 2024 Report No. DS2024-012 Page 8 of 28 Page 194 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... • Agri-tourism and recreation uses(e.g.,farm vacation suite,bed and breakfast, hay rides,petting zoo,farm-themed playground,horse trail rides,corn maze, seasonal events,equine events,wine tasting,retreats,zip lines) • Retail uses(e.g.,farm market,antique business,seed supplier,tack shop) • Cafe/small restaurant,cooking classes,food store(e.g.,cheese,ice cream) 2.3.3 Examples of Uses that Examples of uses that would typically NOT be on-farm diversified uses because they Would Typically Not be On- would not meet PPS definitions or criteria include: Farm Diversified Uses •large-scale equipment or vehicle dealerships,hotels,landscape businesses, manufacturing plants,trucking yards •uses with high water and sewage needs and/or that generate significant traffic,such as large food processors,distribution centres,full-scale restaurants,banquet halls •large-scale recurring events with permanent structures •institutional uses(e.g.,churches,schools,nursing homes,cemeteries) •large-scale recreational facilities such as golf courses,soccer fields,ball diamonds or arenas County of Simcoe Official Plan The subject lands are designated "Agricultural" and "Greenlands" on Schedule 5.1 of the County of Simcoe Official Plan. On the basis of my review of the specific policies of the Simcoe County Official Plan provided in Table 5, it is my opinion that the proposal for the subject lands and the Zoning By-Law Amendment conform to the applicable policies of the County of Simcoe Official Plan for the following reasons: • The existing natural heritage and agricultural functions and features of the subject lands will be maintained and in no way adversely impacted; • Economic activity and employment opportunities will be enhanced on a limited area of the property within the existing structure and lands in their current form; • On-farm diversified uses are permitted in both the Agricultural and Greenlands designations; and • The application applies only to the 1.3-hectare portion of the property that is not used for agricultural purposes and is not occupied by natural heritage features and will permit the on-farm diversified use in only 50% of the existing structure (450 m2). Table 5 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities. Development Services January 17, 2024 Report No. DS2024-012 Page 9 of 28 Page 195 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... Part 3-Growth Management Strategy The planning strategy of this Plan is based on four themes: 3.1 Strategy 0 Direction of a significant portion of growth and development to settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry, aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.6Agricultural 3.6.6 Permitted uses within the Agricultural designation are agricultural uses,agriculture-related uses(PPS 2014), processing of agricultural products,on-farm diversified uses, natural heritage conservation and forestry,mineral aggregate operations subject to Section 4.4,and agricultural produce sales outlets generally marketing production from the local area 3.6.10 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 3.8.1 To protect and restore the natural character,form, function,and connectivity of the natural heritage system of the County of Simcoe,and to sustain the natural heritage features and areas and ecological functions of the Greenlands designation and local natural heritage systems for future generations. 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. 3.8.15 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; vii.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 Development Services January 17, 2024 Report No. DS2024-012 Page 10 of 28 Page 196 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... were approved prior to the approval date of this policy(May 9,2016). Township of Oro-Medonte Official Plan The Township's updated Official Plan was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on November 14, 2023. The majority of the OP came into full force and effect on December 13, 2023, save and except appeals to specific sections of the OP. The applicants Zoning By-law Amendment application was deemed complete on May 4, 2023. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Agricultural, Environmental Protection One, Environmental Protection Two under the existing Township of Oro-Medonte Official Plan. However, the application relates to a portion of the property located within the Agricultural designation. The subject lands are designated Agricultural and Greenlands in the Approved Official Plan (2022). The portion of the property subject to the Zoning By-law Amendment is located within both the Agricultural and Greenlands designation. The policy analysis matrix in Table 6 includes the applicable policies of the current Official Plan. It is my opinion that the development proposal and Zoning By-Law Amendment application conform to the current Township Official Plan on the following basis: • The proposed on-farm diversified use will be fully within the Agricultural portion of the subject lands and limited to the 1.3-hectare area that has been cleared and graded and 50% of the existing structure on this portion of the property; • The structure and graded area that will be utilized by the proposed on-farm diversified use already exist on the property and will be maintained; • No natural heritage features will be removed or adversely impacted; • Agriculture will remain the primary use on the property in terms of scale and area occupied and there will be no impact to the viability of the agricultural uses on the subject lands and surrounding areas; • The existing land use and built form character on the subject lands, including the 1.3-hectare portion to which the Zoning By-Law Amendment will apply, will be maintained; and • The proposed use represents a secondary use on a farm property that will enhance the economic and employment opportunities on these lands. Development Services January 17, 2024 Report No. DS2024-012 Page 11 of 28 Page 197 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... The policy analysis matrix in Table 7 includes the applicable policies of the adopted Official Plan. It is my opinion that the development proposal and Zoning By-Law Amendment application conform to the adopted Township Official Plan on the following basis: • The proposed on-farm diversified use will be fully within the Agricultural portion of the subject lands and limited to the 1.3-hectare area that has been cleared and graded and 50% of the existing structure on this portion of the property; • The existing natural heritage features on and adjacent to the subject lands will be maintained and not adversely impacted; • The existing land use and built form character of the subject lands, including the Agricultural and Greenlands designation, will be maintained and protected; • The proposal will increase economic activity on the subject lands, specifically in the existing structure on the 1.3-hecater area; • The existing agricultural uses and character of the subject lands will be protected and supported; • The proposal is for an on-farm diversified use that occupies a limited portion of the subject lands and existing detached structure and will maintain the existing character of the subject lands while also enhancing economic activity; • The proposed on-farm diversified use will be secondary to the principal agricultural use and limited in area on both the subject lands and existing structure. Table 6 - Township of Oro-Medonte Current Official Plan Policy Analysis Matrix Policy Analysis SECTION A2—GOALS AND A2.4 NATURAL HERITAGE STRATEGIC OBJECTIVES A2.1.1 Goal It is the goal of this Plan to protect and enhance significant natural heritage features and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values, opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe Development Services January 17, 2024 Report No. DS2024-012 Page 12 of 28 Page 198 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... A2.4 AGRICULTURE A2.4.1 Goal It is the goal of this Plan to preserve areas demonstrating high capability for agricultural production for that purpose. A2.4.2 Strategic Objectives a)To ensure that agriculture remains an integral part of the economy of the Township and the County. b)To ensure that non-agricultural uses which may have an impact on the viability of farm operations are not permitted. c)To encourage the establishment of farm-related uses and other secondary uses on farm properties to improve the livelihood of area farmers. 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. PART C—LAND USE C1.1 OBJECTIVES DESIGNATIONS a)To maintain and preserve the agricultural resource base of the Township. SECTION CI-AGRICULTURAL b)To protect land suitable for agricultural production from development and land uses unrelated to agriculture. c)To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. d)To preserve and promote the agricultural character of the Township and the maintenance of the open countryside. Table 7 - Township of Oro-Medonte Approved Official Plan (2022) Policy Analysis Matrix Policy Analysis PART 1:INTRODUCTION, The goals of this Plan are as follows: STRUCTURE AND GROWTH MANAGEMENT a)Protect the natural environment with an'Environment Focused'objective; b)Conserve the Township's natural resources; 1.8 Goals c)Protect the character of development and undeveloped areas; d) Direct growth and settlement to appropriate locations; e) Encourage appropriate economic development;and, f) Protect the prime agricultural area for long-term agricultural use and to support the agricultural sector. PART 2:LAND USE POLICIES 2.5.2 Objectives 2.SAgricultural 1.It is the goal of this Official Plan for agricultural areas to provide for a full range of agricultural uses,agriculture-related uses and on-farm diversified uses that fit in to enhance the character and economic vibrancy of the Township's countryside by: a)maintaining and preserving the agricultural resource base of the Township; b)protecting land suitable for agricultural production from fragmentation, development and land uses unrelated to agriculture,agriculture-related uses or on- farm diversified uses; Development Services January 17, 2024 Report No. DS2024-012 Page 13 of 28 Page 199 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... c)promoting the agricultural industry and associated activities and enhancing their capacity to contribute to the economy of the Township in accordance with the Planning Act and the Farm Protection Act and its successors; d)preserving and promoting the agricultural character of the Township and protecting prime agricultural areas for long-term agricultural and related uses; e)providing opportunities for agriculture-related uses and on-farm diversified uses and to grow the agri-tourism sector;and, f)minimizing land use conflicts and requiring new land uses and new or expanding livestock facilities to comply with the Minimum Distance Separation Formulae where applicable. 2.5.3 Permitted Uses 1.The following uses are permitted: • Agricultural uses,including community gardens • Agriculture-related uses • On-farm diversified uses • Normal farm practices • Agricultural produce sales outlets • Natural heritage conservation and sustainable forestry • Passive recreational uses such as nature viewing and pedestrian trail activities • Mineral aggregate operations • Home industry and home occupation uses • Single detached dwellings • Additional residential units(subject to the policies of Section 4.9) • Garden suites(subject to the policies of Section 4.10) • Bed and breakfast establishments(subject to the policies of Section 4.12) • Public and private utilities 2.5.4 Development Policies 1.Prime agricultural areas are identified by the Agricultural designation on Schedule A and shall be protected for the long-term for agricultural uses.All types,sizes and intensities of agriculture uses and normal farm practices shall be promoted and protected in accordance with Provincial standards. 2.Prime agricultural areas are areas where prime agricultural lands predominate. Specialty crop areas shall be given the highest priority for protection,followed by Classes 1,2,and 3 soils,and then Classes 4 through 7 lands,in this order of priority. 3.Development in prime agricultural areas shall wherever possible be designed and sited on a property so as to minimize any adverse impacts to the agricultural use and the natural heritage system and cultural features. 4.Proposals to re-designate lands from the Agricultural designation may only be considered for expansions to Settlement Areas in accordance with Sections 2.1.3 of this Plan, Provincial Policy Statements issued under the Planning Act,Provincial plans and the County Official Plan. S.Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and existing land uses are to be mitigated to the extent feasible. Site Plan Control shall be utilized to regulate the impact of new or expanding non- agricultural uses,including on-farm diversified uses,in prime agricultural areas. Development Services January 17, 2024 Report No. DS2024-012 Page 14 of 28 Page 200 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... 2.5.8 On-Farm Diversified Uses 1.On—farm diversified uses may be permitted within the limits of a farm operation in accordance with the policies of this Plan.Allowing a range of appropriate on-farm uses contributes to economically sustainable agriculture in the Township which in turn facilitates broader access to local food and beverages,agricultural products and preserves the agricultural land base and maintains the scenic quality of the agricultural landscape. 2.On-farm diversified uses must be both secondary to the principal agricultural use of the property and limited in area.Such uses include but are not limited to home occupations,home industries,agri-tourism uses and uses that produce value added agricultural products. 3.Adaptive re-use of surplus farm facilities on existing farms for on-farm diversified uses and agri-tourism uses at a scale that is appropriate to the farm operation shall be encouraged to conserve cultural heritage resources that would otherwise disappear as a result of no longer being required for farm purposes. 4.Lot creation to accommodate on-farm diversified uses is not permitted. 5.On-farm diversified uses involving development 500 square metres or less of a farm operation's land area shall be permitted as of right in the implementing Zoning By-law. 6.On-farm diversified uses involving development over 500 square metres of a farm operation's land area shall be subject to a Zoning By-law Amendment and may be permitted subject to the following criteria: a)whether the use is compatible with and does not hinder surrounding agricultural operations and is in compliance with the minimum distance separation formulae; b)whether the use is more appropriately located in a nearby Settlement Area; c)whether the use is required on or in close proximity to the agricultural operation for it to support and complement the agricultural activity; d)whether the scale of the activity is appropriate to the site and/or the farming operation; e)whether the use is consistent with and maintains the character of the agricultural area; f)the use does not generate potentially conflicting off-site impacts; g)the use is limited to low water and low effluent producing uses,and the site is capable of accommodating the use on individual on-site water services and individual on-site sewage services; h)the use does not require significant improvements to utilities or infrastructure such as road or hydro services; i)the use supports agriculture and provides direct products and/or services to farm operations as a primary activity;and, j)the use complies with all other applicable policies of this Plan. 7.If more than one on-farm diversified use is proposed on a single property,the combined area of all on-farm diversified uses shall be within the land area and building area requirements outlined in the policies contained in this section. 8.On-farm diversified uses that are proposed to grow beyond the area limits,either incrementally or otherwise,shall not be permitted and will be encouraged to locate in areas of the Township appropriately designated for the use. 9.On-farm diversified uses shall be subject to Site Plan Control,where warranted and appropriate(e.g.for those uses requiring outdoor storage areas,visitor parking and/or a new farm access,etc.),in accordance with the policies of Section 5.7. Development Services January 17, 2024 Report No. DS2024-012 Page 15 of 28 Page 201 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... 10.Severances to separate the on-farm diversified uses from the farm property shall not be permitted. 11.Specific on-farm diversified uses are permitted subject to the following provisions. 2.13 Greenlands 2.13.2 Objectives 1.The intent of the Greenlands designation is to maintain and enhance the ecological integrity of the natural heritage system and to minimize the loss or fragmentation of significant wetlands and the habitats and ecological functions they provide.The objectives of this Plan with respect to the Greenlands designation are to: a)Protect significant wetlands,significant woodlands,significant valleylands,significant wildlife habitat,significant areas of natural and scientific interest,significant coastal wetlands,fish habitat and the habitat of endangered species and threatened species located within the Township; b) Implement the'Environment Focused'objectives of this Plan; c)Maintain ecosystem biodiversity and provide for the long-term sustainability and viability of the natural heritage system; d) Improve the quality,connectivity and amount of woodlands and wetlands cover across the Township; e) Ensure that any development proposed within,adjacent to,or in proximity to the Greenlands designation is adequately studied in accordance with ecological best practices and standards for EIS and Species at Risk Screening/Evaluations,as required; f)To ensure that the Greenlands designation complements and supports the natural heritage systems established in provincial plans;and, g)To implement the Greenlands designation policies of the County Official Plan. 2.13.4 Permitted Uses 1.The following uses are permitted on lands designated Greenlands: • Conservation uses • Woodlot management • Scientific research and education • Wildlife management activities • Buildings or structures necessary for flood or erosion control • Agricultural uses • Agriculture-related uses • On-farm diversified uses • Existing lawful uses,restricted to the provisions of the applicable existing zoning as of the date of the approval of this Plan • Single detached dwellings on lots which were approved prior to the approval date of this Plan • Additional residential units accessory to single detached dwellings on lots which were approved prior to the approval date of this Plan • Public or private trails and other associated passive recreational opportunities and facilities that do not require substantial site alterations • Buildings or structures appropriate and supportive of public or private trails and other associated passive recreational opportunities and facilities 2.13.13 Development Policies Development Services January 17, 2024 Report No. DS2024-012 Page 16 of 28 Page 202 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... 1.Development and site alteration shall not be permitted in habitat of endangered species and threatened species,except in accordance with provincial and federal requirements. 2.Nothing in this Section is intended to limit the ability or restrict the use of existing agricultural uses to continue on lands that are designated Greenlands,provided that they are consistent with the policies of this Plan or the Zoning By-law. 3.Within the Greenlands designation outside of Key Natural Heritage Features and Key Hydrologic Features,permitted uses shall include agricultural uses,agriculture-related uses,on-farm diversified uses and accessory uses subject to the policies of the Agricultural designation. 4.Legally existing uses within the Greenlands designation will be recognized and can continue in accordance with applicable policies of this Plan. S.The following development is permitted on lands that are designated Greenlands: a)Expansions to existing residential dwellings.With respect to the above,development may only occur if it is demonstrated that: i.there is no alternative,and the expansion or alteration in the feature is minimized and,in the vegetation protection zone,is directed away from the feature to the maximum extent possible;and, ii.the impact of the expansion or alteration on the feature and its functions is minimized and mitigated to the maximum extent possible. b) Expansions to existing buildings and structures; c)Accessory structures and uses;and d)Conversions of legally existing uses which bring the use more into conformity with this Plan.With respect to(b),(c)and(d)noted above,development may only occur subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetation 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 structures. 6.Expansions to existing buildings and structures,accessory structures and uses,and conversions of legally existing uses which bring the use more into conformity with this Plan,is permitted subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetation 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. 7.Additional Residential Units may be permitted accessory to single detached dwellings on lots which were approved prior to the approval date of this Plan. Additional Residential Units shall be located in the building cluster and shall be subject to Section 4.9. 8.Small-scale structures for recreational uses,including boardwalks,footbridges, fences,docks,and picnic facilities,is permitted in accordance with any applicable provincial or federal requirements if measures are taken to minimize the number of such structures and their negative impacts. 9.The biodiversity,ecological and hydrologic function and connectivity of the Greenlands designation shall be protected,maintained,restored or,where possible, improved for the long-term,recognizing linkages between and among natural heritage features and ecological and hydrologic functions. 10.The extension of municipal infrastructure where the alignments or locations of those facilities have been established in this Plan,approved Secondary Plans, Plans of Development Services January 17, 2024 Report No. DS2024-012 Page 17 of 28 Page 203 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... Subdivision and/or approved Environmental Assessments,may be permitted within lands designated as Greenlands if there is no reasonable alternative and subject to an EIS. 11.Where development and/or site alteration,including the removal or placing of fill of any kind,whether originating on the site or elsewhere,are proposed within the Greenlands designation,the Township shall require that an EIS be prepared that demonstrates that there will be no negative impacts on any natural heritage features or ecological and hydrologic functions. Zoning By-law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to add an exception to the existing A/RU zoning on a 1.3-hectare portion of the 40 hectares that make up the subject lands to permit an on-farm diversified use within 50% of the existing structure on this limited portion of the property (up to 450 m2). As outlined in this report, it is my opinion that the application is consistent with PPS 2020, conforms to the Growth Plan, is consistent with the OMAFRA Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas and conforms to the County of Simcoe and Township of Oro-Medonte Official Plans. It is my opinion that the requested Zoning By-law Amendment will appropriately implement the applicable Provincial, County and Township land use planning policies. Planning Staff Comments It is my opinion that Zoning By-Law Amendment application 2023-ZBA-09: • Has appropriate regard for the matters of Provincial interest set out in Section 2 of the Planning Act; • Is consistent with the Provincial Policy Statement, 2020; • Conforms to the Growth Plan for the Greater Golden Horseshoe; • Is consistent with the OMAFRA Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas • Conforms to the County of Simcoe Official Plan; and • Conforms to the Township of Oro-Medonte Official Plan. On this basis, it is my recommendation that Zoning By-law Amendment application 2023-ZBA-09 be approved to rezone 1.3 hectares (3.2 acres) of the subject lands, including the existing 900 m2 detached building, from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception (A/RU*351) Zone to permit an on-farm diversified use. The draft Zoning By-law is attached as Schedule 5 to this report. The proposed Zoning By-law Amendment would provide that notwithstanding Table B4 of the Zoning By-law, site-specific performance standards will be established to permit the proposed uses, including that the on-farm diversified use will be limited to 450 m2 in floor area within the existing detached building and will be in a separate unit for a uses such as: a storage warehouse, an on-line business, small assembly, dock sales, an electrician or plumber's office. The by-law also contains provisions to ensure that Site Plan Approval Development Services January 17, 2024 Report No. DS2024-012 Page 18 of 28 Page 204 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... is in place (plans approved, security provided and agreement registered) for the proposed on-farm diversified uses. The by-law further scopes the on-farm diversified uses to ensure that it is secondary to the principal agricultural use of the property. 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 their decision. Policies/Legislations • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • OMAFRA Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Approved Official Plan (2022) • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities Well Planned Development - to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments listed below. Public notice signs were also posted on the subject lands. Agency/department comments and comments from the public received as of the preparation of this report are summarized below. • Township Development Engineering: No Objection. A Site Plan and SWM Management Report shall be required at the time of Site Plan Application. • Township Operations: No comments. • Township Building: No comments at this time. Building comments will be provided through the Site Plan Application. Owner/Applicant to be aware that a building permit will be required for any construction to accommodate a new use within the already built structure. • County of Simcoe: The Township should be satisfied that the proposed on-farm diversified use is secondary to the principle agricultural use of the property and that it is consistent with the policies and criteria of PPS and OMAFRA. Further, the by-law should ensure it is regulated so that its size and location on site is appropriate and remains secondary to the principle agricultural use of the property. Based on this understanding and considering that the objectives of the Development Services January 17, 2024 Report No. DS2024-012 Page 19 of 28 Page 205 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... County's Agricultural designation will not be compromised; the County Planning Department would have no objection to the application in principle as proposed. • MTO: Although under the current agricultural zoning MTO would allow any additional business to lease the partitioned building as long as the zoning stays the same and would not require traffic analysis The request for the on-farm diversified use triggers the requirement for the following;1. Rezoning for on-farm diversified uses 2.Site plan approval. • Lake Simcoe Region Conservation Authority (LSRCA): Based on our review from a natural hazards and watershed management perspective, we confirm that LSRCA has no objection to the approval of the proposed amendment subject to the following condition: That the LSRCA review fee for Minor Zoning By-law Amendment (no technical review required—planner review only) of$2195.00 be paid. • Enbridge Gas: Enbridge Gas Inc. does not object to the proposed application; however, we reserve the right to amend our development conditions. Attachments Schedule 1: Location Map Schedule 2: Existing Aerial Photo and Property Limits Schedule 3: Existing Site Photos Schedule 4: Proposed Site Plan and Boundary Sketch Schedule 5: Proposed By-law Conclusion Planning Staff recommends that Zoning By-law Amendment Application 2023-ZBA-09 be approved, by rezoning a portion of the subject lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 351 (A/RU*351) Zone to permit an on- farm diversified use to occupy a 1.3 hectare (3.2 acre) portion of the subject land, including an existing 900 square metre (9,688 square feet) detached building, on the basis that the application conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Michael Barton, RPP, Township Planning Consultant, January 11, 2024 Approvals: Date: Andy Karaiskakis, RPP, Manager, Planning Services January 11, 2024 Brent Spagnol, RPP, Director, Development Services January 11, 2024 Development Services January 17, 2024 Report No. DS2024-012 Page 20 of 28 Page 206 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... Schedule 1: Location Map Mounstone.a.A 356 IEI f_ _:, Rdff�� I wa,E. 280 Rd W '2 0 C J 151 88 175 80 73 72 80 :�:50 48 10 74 _—Ross_R I. St:K00-House_Rd. [E L tt 51 136 138 N IC� 137 !J 148 160 L")9 234 265 Location _4, NOW& ® Subject Lands Tottmship o� Proud Heritage,Exciting Future 0 loom File Number:2023-ZBA-09 Development Services January 17, 2024 Report No. DS2024-012 Page 21 of 28 Page 207 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re- Zoning... Schedule 2: Aerial Photo b .na,w. as w..w•e.F.I 280 i i way"d c uy.xaw. Z Qf N C J 175 n x+. y. SS a 73 •' y 4s � Ross Rq: School House Rd. � � J `Z 148 Aerial Q Subject Lands Township nj;� Proud Hrritnt,-,I-x hint Purnir 0 100 m File Number:2023-ZBA-09 N L-L-U--� Development Services January 17, 2024 Report No. DS2024-012 Page 22 of 28 Page 208 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re- Zoning... Schedule 3 — Existing Site Photos East along Hwy 11 West along Hwy 11 Subject property from Hwy 11 North along Line 9 N South along Line 9 N Notice sign posted Laneway entering Tree Farm with Tree farm property building in offset Development Services January 17, 2024 Report No. DS2024-012 Page 23 of 28 Page 209 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re- Zoning... Lands Subject to Application Northwest view Southeast view Development Services January 17, 2024 Report No. DS2024-012 Page 24 of 28 Page 210 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... View looking north View towards highway ;y Looking east towards Line 9 Development Services January 17, 2024 Report No. DS2024-012 Page 25 of 28 Page 211 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re: Zoning... Schedule 4 — Proposed Site Plan and Boundary Sketch i r fll7ll ��WI Y Development Services January 17, 2024 Report No. DS2024-012 Page 26 of 28 Page 212 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re- Zoning... Schedule 5 — Proposed By-law The Corporation of the Township Of Oro-Medonte By-Lave No. 2024-007 A By-law to amend the zoning provisions which apply to lands at 72 Line 9 North, Concession 9, Part Lot 20 ({bra), Township of Oro-Medonte 2023-ZBA-09 (Reynolds) Whereas the COUnciI of the_oroc ratio n a-:7e Tcvirsship of 0rc-Medonte is empowered to pass By-laws tc regulate the use of land pursuar-.io Secticn 34 of the Planning Act, R.S_O. 1990,c.P.73; And Whereas Council deems it appraoriate io re--one the s.ioject lands, Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule'Af0'1a Zoning By-law 9T-95, as amended, is hereby furlher amended by changing the zone symbol applying to the lands located in Concession 9, Pam Lot 20, Geographic Toavnship of Ora,Township of Oro-Medonle, County of Simcoe,from the AgriculturalTRural(AIRU)Zone to the Ag ricu lluraVRural Exception 351 (A)RU1:3511,Zone, as shown on Schedule`A"attached and forming parl of this By-larr. 2. Section 7-Exception ofZonirtg By-late 97-95. as amended. is hereby further amended by adding Me following subsections: '7.35Il *351 Concession 9, Part Lot 20( iro),Township of Oro-Medonte (Reynolds) 7.351.1 Permitted Uses Notwithstanding Table A4-AgricufturallRuraI Zone and Mineral Aggregate Resource Zones Permitted Uses and in addition la the permitled uses in the A!RU Zone,on the lands zoned AIRW351, o -faun uses are permitted. 7.351.2 Provisions Notwithstanding any other pro+visicn in this by-law to the contrary, the following previsions shall apply to the permitled uses identified in Section 7.351.1: a) Existing detached strTicture used for o.n-faun diversiffred uses -maximum ffwrarea 4.50.0 sq.m. (4,943.9 sq.ft.; b) CV,-farmdruersifeed uses may occupy no more than.3.2% of the properly on which the uses are located_to a maximum of 1.3 hectares,which shall include areas containing b0dings, strumeres. outdoor s1trage,well and septic systems, hard surface drivewaysilaneways and hard surface 9arkrrg areas. c) Orr-form divemiFred uses shall be secondary to the principal Christmas tree farm use on the subjecl lands. 3. Site Plan Approval is required to be approved by the Township,the related Site Plan Agreement is registered and the Township has received the securilies identified in the Site Plan Agreement. 4. Schedule`A"attached to BY-law No.2024-007 is declared to form a part of this By-lair. 5. This By-laud shall come into effect upon the dale of passage hereof. subject to the provisions of the Planning Act, as amended Development Services January 17, 2024 Report No. DS2024-012 Page 27 of 28 Page 213 of 232 7.d) DS2024-012, Michael Barton, Township Planning Consultant re- Zoning... Schedule 'A' To By-Lave No. 2024-007 The Corporation of the Township of Oro-Medonte I z u J - I l ---�1 lSOW House Rd. N —✓ 4 C J f Lands Rezoned From the AgriculturalAural(AlRU)Zone to the AgriculturaURural Exception 351 (A(RU'351)Zone This is Schedule'A'to By-Law 2024-007 passed the 1 7 day of January. 2024. The Corporation of the Township of Oro-Medonte Mayor, Randy Greenlaw Deputy Clerk, Janette Teeter Development Services January 17, 2024 Report No. DS2024-012 Page 28 of 28 Page 214 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Michael Barton, Planning Consultant Meeting Date: January 17, 2024 Report No.: DS2024-014 Subject: Minor Variance Application 2022-A-09, Yuling Meng, 1021 Lakeshore Road East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-014 be received and adopted. 2. That Minor Variance Application 2022-A-09 by Yuling Meng, specifically for permission to build a boathouse 0.33 metres from the easterly interior side yard of the subject property (2.0 metres required), subject to the conditions as outlined in Report DS2024-014. 3. The conditions are as follows: a) That notwithstanding Section 5.6 a), the proposed boathouse shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed 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 boathouse and existing boathouse shall not be used for a home industry, for commercial purposes, or for human habitation; 4. 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 5. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services January 17, 2024 Report No. DS2024-008 Page 1 of 18 Page 215 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... Background 1. Site Location and Existing Conditions The subject lands are located at 1021 Lakeshore Road East, as illustrated on Schedule 1. An aerial view of the property and its limits is provided in Schedule 2. The property is currently occupied by a 2-storey single detached dwelling (floor area of approximately 317 m2 (3,412 ft2)) with an attached 3-car garage, a detached structure composed of a boat house with living area above (86.33 m2 (930 ft2)), and a second boathouse on the southeast corner of the property (18.8 m2 (202 ft2)) which is the subject of this Minor Variance application. The subject lands have a total area of approximately 0.24 hectares with 30.66 metres of frontage on Lakeshore Road East, and is accessed by a circular driveway. Schedule 3 includes site photographs illustrating the existing site conditions and uses, including the driveway and existing structures. The following relevant concerns have been raised by members of the public: • The existing structure on the property identified as a "cottage" is a boathouse with human habitation accommodation above; and • The cottage and existing boathouse that is the subject of this application are not used as accessory structures for the primary dwelling but rather for business purposes, more specifically rental to parties other than the Owner. This Minor Variance Application was deferred on April 6, 2022 to allow the Applicant to demonstrate that the use of the proposed boathouse complies with the Zoning By-Law regulations and permissions for accessory buildings and structures, specifically boathouses. Correspondence submitted by the Applicant has confirmed that the proposed boathouse will comply with the applicable regulations and that the only matter now to be considered is the requested minor variance. 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: Shoreline Residential (SR) Zone 3. Proposal and Requested Minor Variances Development Services January 17, 2024 Report No. DS2024-014 Page 2 of 18 Page 216 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... The proposed site plan is included in Schedule 4. The Applicant is proposing to renovate/reconstruct the existing boathouse on the southeast corner of the subject lands to improve its function and appearance. This boathouse is currently situated 0.33 metres from the easterly side lot line. The Applicant is proposing to maintain this existing side yard setback in renovating/reconstructing the existing boathouse. No other minor variances have been requested. The drawing package submitted by the Applicant includes elevations and floor plans that illustrate the existing and proposed boathouse. These drawings are included in Schedule 5. The following minor variance to Zoning By-Law 97-95 has been requested by the Applicant: 1. To permit a Minimum Interior Side Yard for a Boathouse of 0.33 metres while 2 metres is required. 4. Zoning Review Table 1 includes a review of the applicable zoning standards and confirms the minor variances required. Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings, Where this By-law provides that land may 0 The proposed boathouse will have a Structures and Uses[By- be used or a building or structure may be smaller footprint and gross floor law 2017-012] erected or used for a purpose,that purpose area than the existing single may include any detached accessory detached dwelling on the property. buildings,accessory structures or accessory . The proposed boathouse will be uses located on the same lot as the primary similar in height and built form to use to which they are related. For the the existing boathouse and will purposes of this by-law a retaining wall with maintain the existing easterly side a height of 1.0 metre(3.2 feet)or more is yard setback. considered an accessory structure and is . The existing and proposed subject to the provisions of Section 5.1. boathouse will be incidental or subordinate to the main use of the property for a single detached dwelling. 5.1.1 Uses Permitted in No detached accessory building or accessory . Based on information provided by Detached Accessory structure shall be used for human habitation the Applicant and the recommended Buildings and Structures or an occupation for gain,unless specifically conditions,the boathouse that is the [By-law 2015-1921 permitted by this By-law.A detached subject of this application is used as accessory building or structure is permitted a structure accessory to the primary to contain sanitary facilities,including sink dwelling. and/or toilet,outside an area susceptible to flooding however kitchen facilities including Development Services January 17, 2024 Report No. DS2024-014 Page 3 of 18 Page 217 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... food preparation facilities or facilities for the installation of kitchen equipment are prohibited 5.6 Boathouses[By-law Boathouses are permitted on a lot provided: 0.33 m proposed(variance required) 2015-192,2017-012] a)They are set back a minimum of 2.0 metres(6.5 feet)from the interior side lot line or the projection of the interior side lot line where it meets the average high water mark. d)They are not to be used for human habitation and no kitchen or sanitary facilities are permitted to be installed. Notwithstanding these provisions the installation of a sink may be permitted in accordance with the appropriate permit being obtained from the relevant Conservation Authority provided the sink will not be connected to the municipal or private water supply or sewage disposal system. 5.8 Dwelling Units Unless otherwise specified by this By-law,no The Owner has confirmed that the identified more than one dwelling unit is permitted on "cottage"does not include a dwelling unit and a lot. whether the existing uses are permitted under the current zoning regulations on the subject property. 5.24 Prohibited Uses[By- The following uses are prohibited in any The Owner has confirmed that the existing law 2015-192] Zone: detached accessory structure identified as a cottage is not being used for human c)The use of any accessory building or habitation,which is prohibited under this structure or boathouse for human section of the Zoning By-Law without habitation. receiving relief. 6.0 Definitions Boathouse:Means an accessory building This section confirms that a boathouse is used for the storage of private boats and considered an accessory building for the accessory equipment. purposes of the Zoning By-Law,and that a boathouse is permitted for storage of private boats and accessory equipment. Analysis 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. Development Services January 17, 2024 Report No. DS2024-014 Page 4 of 18 Page 218 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... The PPS 2020 policies included in Table 2 are applicable to this application. Table 2 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e)promoting the integration of land use planning,growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns,optimization of transit investments,and standards to minimize land consumption and servicing costs; f)improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h)promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. I have reviewed the development proposal and requested minor variance and I am satisfied that the application is consistent with the applicable policies of PPS 2020. The requested minor variance relates to a proposal to renovate/reconstruct an existing boathouse already located within 0.33 metres of the easterly side lot line. Based on the information provided by the Applicant and the recommended conditions of approval, I am satisfied that the boathouse qualifies as an "accessory" structure as set out in the Zoning By-Law and also complies with the regulations that apply to boathouses. 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 Development Services January 17, 2024 Report No. DS2024-014 Page 5 of 18 Page 219 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 3 are applicable to this application. Table 3 - Policy Matrix (A Place to Grow— Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding 0 Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. Based on the details provided by the Applicant and the recommended conditions of approval, it is my opinion that that the development proposal and requested minor variance conform to the applicable Growth Plan policies. The subject lands are intended for residential and accessory uses and the requested minor variance will facilitate this use. 3. Simcoe County Official Plan The subject lands are 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. It is my opinion that the requested minor variance maintains the general purpose and intent of the Simcoe County Official Plan, specifically the applicable policies included in Table 4. The variance will facilitate renovations and enhancements to an existing accessory structure (boathouse) and maintain the existing side yard setback. On this basis, the existing built form and land use character of the subject property and its relationship to neighbouring lands will be maintained and will not result in adverse impacts to these neighbouring lands or the surrounding community. Table 4 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: Development Services January 17, 2024 Report No. DS2024-014 Page 6 of 18 Page 220 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. 3.7 Rural Objectives 3.7.1 To recognize,preserve and protect the rural character and promote long-term diversity and viability of rural economic activities. 3.7.2 To encourage maintenance,protection,and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas. Policies 3.7.3 Lands in the Rural designation shall be the focus of rural and agricultural land uses. 3.7.4 The following are permitted in the Rural designation: a)those land uses permitted in the Agricultural designation; b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. 4. Township of Oro-Medonte Official Plan The Township's updated Official Plan was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on November 14, 2023. The majority of the OP came into full force and effect on December 13, 2023, save and except appeals to specific sections of the OP. The applicants Minor Variance application was deemed Development Services January 17, 2024 Report No. DS2024-014 Page 7 of 18 Page 221 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... complete on February 17, 2022. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. As a result, this report contains an overview of the existing Official Plan with respect to the proposed development on the subject lands. The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 5 addresses the applicable policies. It is my opinion that the development proposal and requested minor variance maintain the intent and purpose of the current Official Plan on the following basis: • The development proposal and requested minor variance will have no impacts on natural heritage features on the subject property and the surrounding areas; • No new services or infrastructure are proposed to support the accessory structure; • There are no wetlands or Provincially Significant Areas of Natural and Scientific Interest located on or adjacent to the subject property; • The proposed structure maintains the built form and land use character of the subject property as a single detached dwelling, which is consistent and compatible with the surrounding community; and • The subject property is located within the "Shoreline" area and the development proposal will make enhance the use of these lands in a manner that is compatible with the community and respects and preserves the context and single detached character of the property relative to surrounding land uses. The requested minimum interior side yard setback is consistent with the existing conditions on the subject lands and the relationship of the boathouse to the surrounding land uses. Based on the details provided by the Applicant and the recommended conditions of approval, the boathouse will satisfy the requirements for accessory structures and boathouses, including those that relate to human habitation, business gain and uses being subordinate to the primary dwelling. Table 5 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES It is the goal of this Plan to protect and enhance significant natural heritage features A2.1 Natural Heritage and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. Development Services January 17, 2024 Report No. DS2024-014 Page 8 of 18 Page 222 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. SECTION CS—SHORELINE C5.1 OBJECTIVES •To maintain the existing character of this predominantly residential area. •To protect the natural features of the shoreline area and the immediate shoreline. •To ensure that existing development is appropriately serviced with water and sewer services. C5.2 PERMITTED USES Permitted uses on lands designated Shoreline on the schedules to this Plan are single detached dwellings,existing marinas,small scale commercial uses such as convenience stores,public parks, bed and breakfast establishments subject to Section C1.3.10 and home occupations. 5. Township of Oro-Medonte Zoning By-Law 97-95 This application is for proposed renovations to an existing boathouse that complies with, and will be required to continue to comply with, the applicable regulations for accessory structures and boathouses, including that no detached accessory building or structure shall be used for human habitation or an occupation for gain and that the accessory building or structure be accessory to the primary use of the subject property for a single detached dwelling. It is my opinion that the requested 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) Development Services January 17, 2024 Report No. DS2024-014 Page 9 of 18 Page 223 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... 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? Yes. The variance will maintain the existing land use and built form character of the subject property and its relationship to neighbouring properties and the surrounding community. The renovated boathouse qualifies as an accessory use and structure to the primary dwelling unit on the property and the recommended conditions of approval will ensure that compliance of the boathouse with the applicable zoning regulations, other than the requested relief to the minimum required side yard setback, will be required. Does the variance conform to the general intent and purpose of the Zoning By-law? Yes. The existing and renovated boathouse satisfy the definition of accessory uses and structures and will be required to comply with the applicable zoning regulations indefinitely. The relief to the minimum side yard setback will maintain an existing built form condition and allow for enhanced use of an existing accessory structure on the subject property. Is the variance desirable for the appropriate development of the lot? Yes. The requested variance will facilitate improvements and enhancements to the existing boathouse while maintaining its current location and relationship to the neighbouring properties, including the side yard setback. The details provided by the Applicant and the recommended conditions of approval will ensure compliance of the boathouse with the other applicable zoning regulations. Is the variance minor? Yes. The requested minor variance relates only to the side yard setback, which is consistent with the existing side yard setback to the boathouse. No other zoning relief is required and information provided by the Applicant has confirmed that use of the boathouse will comply with the applicable zoning regulations. 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 January 17, 2024 Report No. DS2024-014 Page 10 of 18 Page 224 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... 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 Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. 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 from Township Departments and external agencies: • Township Operations — No comments on the application. • Township Development Engineering — No objection to the application. • Township Building Division — No comment at this time. The applicant should be aware of the Building Code requirements for construction of exposed building face and exposed openings. • Lake Simcoe Region Conservation Authority— LSRCA has no objection to the proposed minor variance subject to the following conditions: o That the LSRCA review fee ($525.00) for the Minor Variance application be paid; and o That an LSRCA permit be obtained under the Conservation Authorities Act and Ontario Regulation 179/06. • Ray Lalande (community member) - Staff and the Development Services Committee should be aware that the structure identified as a cottage on the proposed site plan is an existing boathouse with living area above the boat storage area. • Bernie Schaefers (community member) - Objection to the application on the grounds that the boathouse in question is a second boathouse on the subject property, with the identified cottage representing an existing boathouse with living quarters above the boat storage area. The existing cottage is being used for business purposes as opposed to a boathouse accessory to the primary dwelling and the requested minor variance relates to an additional boathouse on the property that will be used for habitation and business purposes. Development Services January 17, 2024 Report No. DS2024-014 Page 11 of 18 Page 225 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... • Barbara Foster (1019 Lakeshore Road East) - Object to application on the grounds that the proposal involves construction of new structure as opposed to renovation or replacement, and the boathouse has already been constructed without receiving proper zoning approval or building permit. There are also concerns about how the existing cottage and boathouse structures are being used relative to the requirements for accessory structures. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion Based on the additional details provided by the applicant and the recommended conditions of approval, I recommend that Minor Variance Application 2022-A-09 be approved. Respectfully submitted, Michael Barton, RPP, Township Planning Consultant, January 11, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services January 11, 2024 Brent Spagnol, RPP, Director, Development Services January 12, 2024 Development Services January 17, 2024 Report No. DS2024-014 Page 12 of 18 Page 226 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... Schedule 1: Location Map .�IYasey Rd.T Moonston-Rd. 691 Morsesh�o•Val yR ——— Poplar Cres. Old-Barrie Re. c r, d 63 69 71 73 91 �,0.id9f.Roa 45 49 53 57 61 87 43 81 41 35 00031 1016 1018 1020 1022 1024 1028 1030 1032 1034 1014 1036 1038 1012 1010 loos Lakeshore Rd.E. 1015 1017 1019 11021 1023 1025 1027 27 1031 1035 1013 1029 1011 1009 1007 L ake Simcoe Schedule 1 �& Location �4 �r T,tAf�c'J ® Subject Lands Proud Heritage,Exciting Future i 0 100 m File Number:2022-A-09 N I I I I Development Services January 17, 2024 Report No. DS2024-014 Page 13 of 18 Page 227 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... Schedule 2: Aerial Photo VaseyRd�}. .Moo one R Roneo•allky Lakeshore q 7-M-6 - 3 r w Schedule 2 � Aerial Photo Township o�f� Subject Lands Proud Heritage,Exciting Future 0 25 m File Number:2022-A-09 ti I Development Services January 17, 2024 Report No. DS2024-014 Page 14 of 18 Page 228 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re- Minor ... Schedule 3: Site Photos Existing Dwelling(from Lakeshore Road East) Location of Existing Boat House 1 II:t V.r i :l Existing Boathouse on Subject Property Existing Boathouse Relative to Property Line Development Services January 17, 2024 Report No. DS2024-014 Page 15 of 18 Page 229 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re- Minor ... low A I r 1 - =k Existing Boathouse Relative to Existing Dwelling Existing Cottage on Subject Property(Boathouse with Living Area Above) Development Services January 17, 2024 Report No. DS2024-014 Page 16 of 18 Page 230 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... Schedule 4: Site Plan LAKESHORE ROAD E PROPERTY LINE 100'-7' (30.66m) 11 f 3 4 � 8 � f j 76-0' 1 ` N �n 4 v 1 O O UN m v m rn M e Z m c Z m N N !T Of O Its ct 1Td _ V V l0 � N N 3 3 � 4 0 4 4 PROPE TY INE 100'-7' (30.66 ON Development Services January 17, 2024 Report No. DS2024-014 Page 17 of 18 Page 231 of 232 7.e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor ... Schedule 5: Building Drawings ETOSAIC"M w BE REMOVED NEW W"01A1wA. ALIA/idl5 51140RAt —————��——————� ALUHHOU"CUIJIOHA► 61afaP oltr TA®ROC. SLOPE 6 nS ALUWA=CIMB0RAIL EXISTING ROOF PLAN PROPOSED ROOF PLAN SCALE: 1/4'- r-0• scALE1 7/4"- 1'-0- OROBND WATER ENSTINC SW\ODD OM71C Wz4' TRANACE SYSTEM LOD R"A411C WALL DFA7N 50641LOE IIEYE p'%1'-Y DEPM E7051111G L'%4' TO•EMDK FOOBND(TYP) S3W FWTW(tYP) �pE SW011).� r 90A1 EIOUSE TRACK Sf5 B BRAT HOUSE RtAC%>'YS 4'CONCRETE SLAB 4'OMMTE SLAB LI EVS71NC BEAM(TIP) BIACIC WALL(TYP) 27d EXISTING FLOOR PLAN SCALE: 7/4' = 1•-0' PROPOSED FLOOR PLAN SCALE: 1/4' - f-0' AUJMVAOn WARpRAq, �� 3'-s'►1E1cNr 1pP OF SVAMAIL,M,3.3EIm 3 51CPS M'000$TAit TOP Of ROOF EL 2 31m 4'-d 2-26 BEAM(tr) OPENING SEC QN A SCALE: 1/4_ - 1'-0' Development Services January 17, 2024 Report No. DS2024-014 Page 18 of 18 Page 232 of 232