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02 07 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, February 7, 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 203 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 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 - 13 a) Minutes of Development Services Committee meeting held on Wednesday, January 17, 2024. 01 17 2024 Development Services Committee Minutes 5. Public Meetings: 14 - 28 a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 13, Part Lots 14 and 15 (Oro), municipally known as 625 Line 12 North, 2023-ZBA-17 (Moore). Notice of Receipt of Complete App PM (Moore) 5a Presentation 6. Public Hearings: 29 - 54 a) 5:45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-57, Paula Beech & Brian Beatty, Concession 4 Part Lot 1 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro). DS2024-015 6a Presentation 55 - 79 b) 5:55 p.m. DS2024-020, George Vadeboncoeur, Planner re: Consent Application 2023-B-23, Ashlynne Dale, 2431 Line 4 North. DS2024-020 6b Presentation 80 - 107 c) 6:05 p.m. DS2024-021, George Vadeboncoeur, Planner re: Consent Page 2 of 203 Application 2023-B-22, Lynne Melnyk, 1305 Scarlett line. DS2024-021 6c Presentation 108 - 132 d) 6:15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2024-B-01 by Bryan Lambert & Dan Lambert, 839 Ridge Road West. DS2024-018 6d Presentation 133 - 169 e) 6:25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-01, Susan Creighton & Jeffrey Moulton, 360 Ingram Road. DS2024-016 6e Presentation 7. Reports of Municipal Officers: 170 - 191 a) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-18 and Zoning By-law Amendment Application 2023- ZBA-16, Peter Langman, 945 Line 12 North [Refer to Item 5a) 02 07 2024 Council Agenda]. DS2024-019 192 - 203 b) DS2024-007: Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-21, Dawn Chapman, 6414 Line 3 North & 5253 Vasey Road. DS2024-007 8. Next Meeting Date: Wednesday, March 6, 2024. 9. Adjournment: a) Motion to Adjourn. Page 3 of 203 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte Development Services Committee Minutes Township of Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, January 17, 2024 5:30 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson (left at 7:03 p.m. during item 6d) Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Staff Brent Spagnol, Director, Development Services; Catherine McCarroll, Present: Senior Planner; George Vadeboncoeur, Planner, Michael Barton, Township Planning Consultant; Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Jason Scharapenko, 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 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 Page 1 of 10 Page 4 of 203 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 17, 2024. 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. DSC240117-1 Moved by Young, Seconded by Bard It is recommended that the agenda for the Development Services Committee meeting of Wednesday, January 17, 2024 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, December 6, 2023. Motion No. DSC240117-2 Moved by Clark, Seconded by Schell It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, December 6, 2023 be received and approved as printed and circulated. Carried. Page 2 of 10 Page 5 of 203 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 17, 2024. 5. Public Meetings: a) 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). 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 Peter Langman. The following correspondence was received: Enbridge Gas dated December 20, 2023; Township of Oro-Medonte, Building Division dated January 4, 2024; Lake Simcoe Region Conservation Authority dated January 8, 2024; County of Simcoe, Planning Department dated January 10, 2024. Brent Spagnol, Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Curtis Shelswell, 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. Page 3 of 10 Page 6 of 203 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 17, 2024. 6. Public Hearings: a) DS2024-008, Catherine McCarroll, Senior Planner, re: Minor Variance Application 2023- A-52, Rosalie Dawson & Shayne Pierce, 169 Shoreline Drive. 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 Rosalie Dawson and Shayne Pierce. The following correspondence was received: Lake Simcoe Region Conservation Authority dated January 10, 2024; Township of Oro-Medonte, Building Division dated January 10, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Rosalie Dawson, 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 written correspondence was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240117-3 Moved by Young, Seconded by Hutcheson It is recommended 1 . That DS2024-008, Catherine McCarroll, Senior Planner, re: Minor Variance Application 2023-A-52, Rosalie Dawson & Shayne Pierce, 169 Shoreline Drive 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. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 10 Page 7 of 203 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 17, 2024. b) DS2024-009, Catherine McCarroll, Senior Planner, re: Minor Variance Application 2023- A-54, Miroslawa & Stefan Merena, 77 Shoreline Drive. 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 Stefan and Miroslawa Merena. The following correspondence was received: Township of Oro-Medonte, Operations Department dated January 3, 2024; Hiawatha First Nation dated January 3, 2024; Lake Simcoe Region Conservation Authority dated January 9, 2024; Township of Oro- Medonte, Building Division dated January 16, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Orest Stoyanovskyy, agent on behalf of the applicant, was present. The following public comments were provided: 1%, Justin Bregg provided concerns regarding the size and volume of the garage (taller than a two storey home) which lends to be occupied as a suite, occupancy concerns, septic location and overload concerns, increase of noise and drainage concerns with the removal of trees, further removal of trees will continue to impact properties and everyone's interest when the property is adjacent to Lake Simcoe. Staff confirmed that no additional public registrations were received and no written correspondence was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240117-4 Moved by Bard, Seconded by Schell It is recommended 1 . That DS2024-009, Catherine McCarroll, Senior Planner, re: Minor Variance Application 2023-A-54, Miroslawa & Stefan Merena, 77 Shoreline Drive 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. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 10 Page 8 of 203 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 17, 2024. c) DS2024-010, Andy Karaiskakis, Manager, Planning Services, re: Minor Variance Application 2023-A-55, Brenda Houben, 2024 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 Brenda and Gareth Houben. The following correspondence was received: Township of Oro-Medonte, Operations Department dated January 2, 2024; Hiawatha First Nation dated January 3, 2024; Township of Oro-Medonte, Building Division dated January 4, 2024; Township of Oro- Medonte, Manager, Development Engineering, dated January 8, 2024; The Huron- Wendat Nation dated January 17, 2024. Brent Spagnol, Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Gareth Houben, applicant, was present. The following public comments were provided: Brian Pratt provided comments to request that washrooms be temporarily available, as done previously, due to the distance from the parking lot to the main buildings. Carl Darby provided similar comments to ensure sanitary provisions are available. Staff confirmed that no additional public registrations were received and no written correspondence was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240117-5 Moved by Hutcheson, Seconded by Clark It is recommended 1 . That DS2024-010, Andy Karaiskakis, Manager, Planning Services, re: Consent Application 2023-A-55, Brenda Houben, 2024 Line 6 North 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 DS2024-010. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 10 Page 9 of 203 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 17, 2024. d) DS2024-007, Andy Karaiskakis, Manager, Planning Services, re: Consent Application 2023-B-21 , Dawn Chapman, 6414 Line 3 North & 5253 Vasey Road. 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 Dawn Chapman. The following correspondence was received: Township of Oro-Medonte, Operations Department dated January 2, 2024; Enbridge Gas dated January 3, 2024; Nottawasaga Valley Conservation Authority dated January 4, 2024; Township of Oro-Medonte, Building Division dated January 8, 2024; County of Simcoe, Planning Department dated January 17, 2024. Brent Spagnol, Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Dawn Chapman, 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 written correspondence was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240117-6 Moved by Schell, Seconded by Young It is recommended that Consent Application 2023-1321, Dawn Chapman, 6414 Line 3 North & 5253 Vasey Road be deferred to allow the opportunity for the applicant to discuss additional options available, with Township staff, with respect to the application and report back. Carried. Page 7 of 10 Page 10 of 203 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 17, 2024. 7. Reports of Municipal Officers: 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]. Motion No. DSC240117-7 Moved by Greenlaw, Seconded by Clark It is recommended 1 . That DS2024-006, Danielle Waters, Planner, re: Zoning By-law Amendment Application 2023-ZBA-13, Heidi Meirovich, 2 Ward Avenue 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. That the applicant be advised of Development Services Committee's decision under the Director, Development Services' signature. Carried. b) DS2024-001, Danielle Waters, Planner re: Temporary Trailer Agreement, 880 Warminster Sideroad, Michael Mills [Refer to Item 5a) 01 17 2024 Council Agenda]. Motion No. DSC240117-8 Moved by Bard, Seconded by Greenlaw It is recommended 1 . That DS2024-001 , Danielle Waters, Planner re: Temporary Trailer Agreement, 880 Warminster Sideroad, Michael Mills 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. Carried. Page 8 of 10 Page 11 of 203 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 17, 2024. c) DS2024-013, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023- A-33, David Tomingas, 2249 Lakeshore Road East. Motion No. DSC240117-9 Moved by Greenlaw, Seconded by Bard It is recommended that Minor Variance Application 2023-A-33, David Tomingas, 2249 Lakeshore Road East be deferred at the request of the applicant. Carried. 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]. Motion No. DSC2401 1 7-1 0 Moved by Greenlaw, Seconded by Clark It is recommended 1 . That DS2024-012, Michael Barton, Township Planning Consultant re: Zoning By- law Amendment Application 2023-ZBA-09, Wes Reynolds, 72 Line 9 North 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's consideration. 4. That the applicant be advised of Committee's decision under the Director, Development Services' signature. Carried. Page 9 of 10 Page 12 of 203 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 17, 2024. e) DS2024-014, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-09, Yuling Meng, 1021 Lakeshore Road East. Motion No. DSC2401 1 7-1 1 Moved by Greenlaw, Seconded by Schell It is recommended that Minor Variance Application 2022-A-09, Yuling Meng, 1021 Lakeshore Road East be deferred to a future meeting to allow further discussion with the applicant with respect to the application. Carried. 8. Next Meeting Date: Wednesday, February 7, 2024. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC2401 1 7-1 2 Moved by Clark, Seconded by Young It is recommended that we do now adjourn at 7:41 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Deputy Secretary-Treasurer, Catherine McCarroll Page 10 of 10 Page 13 of 203 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for Of, Wc' Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2023-ZBA-17 (Trevor Moore, Jennifer Moore, Kevin Moore) 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 22nd day of December, 2023. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on February 7, 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 described as Concession 13, Part Lots 14 and 15(Oro), municipally known as 625 Line 12 North. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone: 1) Lands proposed to be severed: from an Agricultural/Rural (A/RU)Zone to an Agricultural/Rural Exception (A/RU*)Zone to recognize the existing barn and the increased floor area of this structure as an existing oversized detached accessory building. 2) Lands proposed to be retained: from an Agricultural/Rural (A/RU)Zone to an Agricultural/Rural Exception (A/RU*)Zone to prohibit future residential uses. 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(o)oro-medonte.ca prior to or during the Public Meeting-, 2. Dropped in the drop box at the Township Administration Office on Line 7 South-, 3. Faxed to (705)487-0133-, or, 4. Mailed through Canada Post. 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 planning(aoro-medonte.ca. Page 14 of 203 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If 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 planninW( oro-medonte.ca Dated at the Township of Oro-Medonte this 9t" day of January, 2024. Location Map z z F-I Z d d = C C J J J I '_ 15116-Srd-E L Small v� c J ®Subject Lands / Page 15 of 203 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Site Plan/Zoning Sketch MAR2 MAR2 EP QRU AIRU AIRU AIRU EP MAR2 A/RU ED Retained lands from AIRU Severed lands to A/RU-YY from A/RU MAR2 to AIRU-XX A/RU A/RU AIRU EP RUR2 ® LANDS TO BE REZONED FROM THE AGRICULTURAURURAL(A/RU)ZONE TO THE AGRICULTURAURURAL EXCEPTION XX(AIRU-XX)ZONE LANDS TO BE REZONED FROM THE AGRICULTURAURURAL(A/RU)ZONE TO THE AGRICULTURAURURAL EXCEPTION YY(AIRU-YY)ZONE OFLP Page 16 of 203 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa29 ... `s w 4 - - - N 76 Dull 'S K Bull o I----�- O M- l„ U }� O .N-L'l=auM CIO W W ' N M ry � (D Q m N o `J M 06 z C: a) O N J Q Q CO CM ca Q a N O (D t) cl� Page 17 of 203 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... +J CZ VJ `s � O � � O Cn W a N IN a Q ' ) M Q Q L � � T Q p p •X O U cn O N N I` O N C: O ca N � M N O m N w .n X M X .� O W o O W 16 O :3 N o o � � o � � L o Q + L O Q + . . � U U CL (D J Q t6 J Q a 4O N Page 18 of 203 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s f W o x' o 3 'y E: Q U Q Q M W j x - N t CO N'U4 !l Q N 0 a c� ._ Ln a 0 Page 19 of 203 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s f W o x' o 3 'y E: O U Q p a. nary n aaaw p d a a a w 5 zana 4� a N CO � N q 4 jC ann a` F N � N � � a a ._ LP r_ w � � N ■— tom' W 4 TP wj W L L,1111 Page 20 of 203 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s 04 ■ ■ a o 3 'y E. J O � FL C6 � _ v O � o U O � Q N � � CO N -0 O a m N J i O 1 � m 1 � � i.i s b ` :? E 2 d 7 CS C b Q LU 0 0 H Page 21 of 203 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s f W o x' o 3 'y E: � N W V < w w U Q w O21111- Ma D O ci .2 w r < w z so tiZ Q M t CD Q N _ M � 0 � N ' O t O v O � � N ca ca t� — a � Page 22 of 203 5.a 5:30 eceipt of to Application; Notice of Pa... 7 s N W a N •_ 3 k ¢. f J O O U aJ €5 IN E�a \ fry �'HID4F -'.. O }/ u"IM y 3 •/ M a_ O � Z N cv N O J O � O N Page 23 of 203 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... -= w W a o 3 k r E: 1 y ' s U Q � x i I$4I vn W I - N a 'CO :3 N C/) m N O N ,.v s. Page 24 of 203 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s w 4 /11 W Eo U — O X �O W Q � � O O � O � Q � Q m � N � � M � cv � � � � U) U = O) L � O CM O Cn M W Page 25 of 203 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s f W o x' o 3 'y E: c6 U i Q a� r a) O � � Q o Q m Cn N � CO E � N CM O N Page 26 of 203 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... w w 74 3 'y r L Q � r N A `a M o � N � Oa N Page 27 of 203 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... (D O -Uj w N o (n Cn N , _ p M M O X U O C O G O U) O 'N O -0 Q N O O � N (� CO O M O = (D M O (n 'Cn O O 'U U) M a) � O o O ._ (n '., O N v� ° M a) M a) CO E = o E o � U Ea� a� O CL Q OU M Page 28 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: February 7, 2024 Report No.: DS2024-015 Subject: Minor Variance Application 2023-A-57, Paula Beech & Brian Beatty, Concession 4 Part Lot 1 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro) Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2024-015 be received and adopted; 2. That Minor Variance Application 2023-A-57 by Paula Beech & Brian Beatty, specifically to: permit a retained lot with a minimum lot area of 1.4 hectares (3.5 acres) and a minimum lot frontage of 10.8 metres (35.4 feet); permit the lands conditionally severed through Consent Application 2022-B-13 with a minimum lot area of 0.17 hectares (0.4 acres) and a minimum lot frontage of 37.3 metres (122.5 feet); and, permit the lands conditionally severed through Consent Application 2022- B-24 with a minimum lot area of 0.2 hectares (0.25 acres) and a minimum lot frontage of 18.1 metres (59.7 feet), on lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro), Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-015. 3. The conditions are as follows: a) That, notwithstanding Exception 187 of Zoning By-law 97-95, the two severed lots and the retained lot shall otherwise comply with all other applicable provisions of the Zoning By-Law; b) That the proposed lots be substantially and proportionally in conformity with the dimensions as set out on the application and approved by the Committee; and, Development Services February 7, 2024 Report No. DS2024-015 Page 1 of 12 Page 29 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... c) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background Property Information The property is located on the west side of Line 4 North, south of Horseshoe Valley Road West, to the south of the OPP station and the Huronia Nurse Practitioner-Led Clinic. The lot is approximately 1.8 hectares (4.5 acres) in size. The applicants are in the process of building a single detached dwelling on the lands to be retained. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Previous Planning Applications This property has been subject to a number of Planning Applications over the years. A chronology of the Planning Applications is listed below: • Official Plan Amendment application 2008-OPA-02 was submitted in August 2008, for the purpose of re-designating the 6.16 hectares (15.2 acres) parcel from the "Horseshoe Valley- Medium Density Residential" designation to the "Horseshoe Valley— Low Density Residential" designation (OPA No. 28). The purpose of the Official Plan Amendment was to sever the lands into four residential lots. Official Plan Amendment No. 28 was adopted by Township Council on February 11, 2009, and approved by Simcoe County Council on June 4, 2009. • Zoning By-law Amendment Application 2008-ZBA-10 was submitted concurrently with the Official Plan Amendment. The purpose of the Zoning By-law Amendment was to rezone the subject lands from the Agricultural/Rural Exception 15 (A/RU*15) Zone to the Residential One Exception 187 (R1*187) Zone. The Zoning By-law Amendment was approved by Township Council on February 11, 2009. • Consent Applications 2009-B-20 to 2009-B-23 were approved on July 16t", 2009 to permit the creation of the four new residential lots. • The property was subject to Site Plan Control (2010-SPA-08) to ensure that the placement of the dwelling, driveway, septic system and other structures was appropriately located on the subject lands and to ensure tree preservation. Note, as a result of Bill 23, lots with ten (10) or fewer dwelling units are exempt from Site Plan Control; therefore, a Site Plan Agreement is no longer required prior to construction on the severed lots and retained lands. • Consent Application 2022-B-13 was conditionally approved on May 4, 2022 to permit the creation of a new residential lot and was subject to Minor Variance Development Services February 7, 2024 Report No. DS2024-015 Page 2 of 12 Page 30 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... Application 2022-A-23 to permit reduced lot areas and lot frontages for the severed and retained lands. The dimensions of the severed and retained lands were later altered to accommodate the severance of an additional residential lot through Consent Application 2022-B-24 which was conditionally approved on September 7, 2022. On that date, Minor Variance 2022-A-48 was approved to recognize the reduced lot areas and lot frontages for the two severed lots and the retained lands. Minor Variance Application 2023-A-57 The applicants had obtained conditional approval of Consent Application 2022-B-13 on May 4, 2022 and Consent Application 2022-B-24 on September 7, 2022 and had obtained approval of Minor Variances 2022-A-23 and 2022-A-48 for reduced lot areas and lot frontages. The lot dimensions were altered to accommodate the existing driveway; therefore, the applicants are seeking revised relief to the following sections of Zoning By-law 97-95: Retained lands: Section 7.187 c — Minimum Lot Area Required: Proposed: 1.23 hectares 3.04 acres 1.4 hectares 3.5 acres Section 7.187 c — Minimum Lot Frontage Required: Proposed: 59.0 metres 193.6 feet 10.8 metres 35.4 feet Severed lot (Part 2) conditionally approved on May 4t", 2022 (2022-B-13): Section 7.187 c — Minimum Lot Area Required: Proposed: 1.23 hectares 3.04 acres 0.17 hectares 0.4 acres Section 7.187 c — Minimum Lot Frontage Required: Proposed: 59.0 metres 193.6 feet 37.3 metres 122.5 feet Severed lot (Part 1) conditionally approved on September 7, 2022 (2022-B-24): Section 7.187 c — Minimum Lot Area Required: Proposed: 1.23 hectares 3.04 acres 0.2 hectares 0.5 acres Section 7.187 c — Minimum Lot Frontage Required: Proposed: 59.0 metres (193.6 feet) 18.1 metres (59.7 feet) The Applicants' consent sketch is included as Schedule 3 to this report. Development Services February 7, 2024 Report No. DS2024-015 Page 3 of 12 Page 31 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... Analysis Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, and Section 1.1.3 — Settlement Areas are applicable to this application. The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1.1.3.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Furthermore, Section 1.1.3.4 states: "appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form" (p. 9). The subject lands are located in an established Rural Settlement Area (Horseshoe Valley) which is intended to be the focus of growth and development and where development is encouraged with consideration to rural characteristics, the scale of development and the provision of appropriate service levels. The subject lands are located within the Horseshoe Valley Settlement Area; therefore, 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 (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth" and directs development to settlement areas. Section 2.2.9, Rural Areas, is also applicable to this application and Planning Staff is of the opinion that the residential lots are consistent with the Rural Areas policies as the lands subject to this application are located within a rural settlement area (Horseshoe Valley). Based on the above, it is Planning Staff's opinion that this application conforms to the Growth Plan. County of Simcoe Official Plan The subject lands are designated `Settlements' in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. Pursuant to Table 5.1 of the County's Official Plan, Horseshoe Valley is recognized as a settlement area in the Township. Section 3.5 of the County Official Plan contains policies relating to the `Settlements' designation. The objectives of the `Settlements' designation are to: "focus Development Services February 7, 2024 Report No. DS2024-015 Page 4 of 12 Page 32 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... population and employment growth and development within settlements...to develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services...to promote development forms and patterns which minimize land consumption and servicing costs" (p.26). Settlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. In Planning Staff's opinion, the application appears to generally conform to these policies as the severed lots and retained lands are limited in size and are located within a rural settlement area, which is already developed, and therefore it is not anticipated to have any adverse effect on any agricultural uses or environmental features. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? As described above, the subject lands are located within the Horseshoe Valley Settlement Area and are designated Low Density Residential according to Schedule 'B2' of the Township's Official Plan. The Low Density Residential designation permits detached dwellings, among other uses. Section 3.2.8 of the Township's Official Plan deals with hazardous slopes. There is a steep slope at the rear of the subject lands. As part of the previous Development Applications, a Slope Stability Report had been prepared which contained provisions for construction within 5.0 metres (16.4 feet) of the slope crest. Exception 187 in the Township's Zoning By-law states that "no building or structure shall be located within 5 metres of a slope or embankment that exceeds 33% of 3 to 1". Notwithstanding the reduced lot sizes, there remains sufficient space on all lots to fit a dwelling outside the required 5.0 metre (16.4 feet) setback from top of bank of the slope. Based on above, Planning Staff is satisfied that the proposed variances conform to the Township's Official Plan. Development Services February 7, 2024 Report No. DS2024-015 Page 5 of 12 Page 33 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... Do the variances conform to the general intent and purpose of the Zoning By-law? The subject lands are zoned Residential One Exception 187 (R1*187) in the Township's Zoning By-law 97-95, as amended. Exception 187 requires: a minimum setback of 5.0 metres (16.4 feet) from a slope or embankment that exceeds 33% of 3 to 1, a minimum lot area of 1.23 hectares (3.04 acres) and a minimum lot frontage of 59.0 metres (193.6 feet) for this lot. In comparison, lots in the Residential One Zone require a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). As part of the previous Minor Variance application (2022-A-48), the applicants had obtained relief for the deficient lot areas and lot frontages for the severed lots and retained lands. Since the lot dimensions were altered to accommodate the existing driveway, the applicants have requested revised relief to the Zoning By-law to permit: • A retained lot with a lot area of 1.4 hectares (3.5 acres) and a lot frontage of 10.8 metres (35.4 feet); • A severed lot (Part 2 that was conditionally approved on May 4t", 2022 as part of Consent Application 2022-B-13) with a lot area of 0.17 hectares (0.4 acres) and a lot frontage of 37.3 metres (122.5 feet); and, • A severed lot (Part 1 that was conditionally approved on September 7, 2022 as part of Consent Application 2022-B-24) with a lot area of 0.2 hectares (0.5 acres) and a lot frontage of 18.1 metres (59.7 feet). The Zoning By-law's minimum lot frontage and lot area requirements are intended to ensure that there is adequate space on the lot to fit a dwelling, private individual services (well and septic system) when other forms of servicing are unavailable, and driveway, with appropriate setbacks to the neighbouring dwellings. The severed and retained lands will be serviced by a private septic system and Municipal drinking water (Horseshoe Highlands Drinking Water System). Planning Staff reviewed all the previous Development Applications, in addition to the Planning Justification Report (PJR) that was submitted with the Official Plan Amendment and Zoning By-law Amendment applications to get a better understanding of why Exception 187 required such large lot sizes and large lot frontages compared to the typical Residential One (R1) zone which requires a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). The PJR's rational for the Official Plan Amendment to reduce the density, from medium to low density, was due to the site topography and the difficulty the physical site conditions created for implementation of the higher densities. The PJR stated that the Zoning By-law Amendment would limit lot sizes to ensure no further subdivision could take place but did not state why the lots had to be so large. The retained lands will have a narrow frontage of 10.8 metres (35.4 feet); however, it is wide enough to accommodate a driveway and meet the required 3.0 metres (9.8 feet) interior side yard setback. The lot widens beyond the two severed lots to provide adequate space for a dwelling while meeting the required 5.0 metres (16.4) setback from the top of bank of the slope. In Planning Staff's opinion, the proposed lot areas Development Services February 7, 2024 Report No. DS2024-015 Page 6 of 12 Page 34 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... remain large enough to support a dwelling, driveway and septic system, as well as maintain the required setbacks. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? In Planning Staff's opinion, the lots would be fully functional with respect to matters such as servicing, parking, setbacks and outdoor amenity space associated with the proposed single detached dwellings. The lots, with reduced lots areas and lot frontages, are not anticipated to stand out or detract from the established character and built form of this residential settlement area. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as there remains adequate space on the severed lots and retained lands to fit a dwelling, septic system and driveway, with appropriate setbacks to the lot lines. The proposed development is not anticipated to have any adverse impact on the character of the existing residential neighbourhood or on the use and enjoyment of the surrounding properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. 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 February 7, 2024 Report No. DS2024-015 Page 7 of 12 Page 35 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Infrastructure and Capital Projects — No comments. Township Environmental Services —As a reminder, both lots are subject to Horseshoe Drinking Water connection fees (Development Charges, trench, water meter) and operational rates related to the Horseshoe Highlands Municipal Drinking Water System. Connection to the watermain will need to be completed by their contractor at their expense by live tap with Environmental Services present. Given the narrow fronts, please ensure curb stops and water lines are not under driveways. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Consent Sketch Conclusion Based on Planning Staff's analysis of this application, it is Staff's recommendation that Minor Variance Application 2023-A-57 be approved, specifically to: permit a retained lot with a minimum lot area of 1.4 hectares (3.5 acres) and a minimum lot frontage of 10.8 metres (35.4 feet); permit the lands conditionally severed through Consent Application 2022-B-13 with a minimum lot area of 0.17 hectares (0.4 acres) and a minimum lot frontage of 37.3 metres (122.5 feet); and, permit the lands conditionally severed through Consent Application 2022-B-24 with a minimum lot area of 0.2 hectares (0.25 acres) and a minimum lot frontage of 18.1 metres (59.7 feet), as the application meets the four tests of the Planning Act and conforms and is consistent with applicable Provincial, County and Township land use policies, and represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, January 31, 2024 Development Services February 7, 2024 Report No. DS2024-015 Page 8 of 12 Page 36 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services February 1, 2024 Brent Spagnol, RPP, Director, Development Services February 1, 2024 Development Services February 7, 2024 Report No. DS2024-015 Page 9 of 12 Page 37 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... Schedule 1: Location Map -- 1 28 26 33 24 30 32 46 34 36 44 31 22 38 40 42 48 29 20 27 18 25 16 14 12 10 8 6 4 2 23 tea?„, 21 Cathedral Pines Rd. 19 17 15 13 11 9 7 5 3 1 Horseshoe Valley Rd.W. r— 1101 1101 37 11 9 7 32 35 dale Ct. 5 33 1 3 3328 31 28 1 3332 29 G 26 27 n 24 1101 22 1101 25 O 7 23 9 03324 3331 21 Hillside Ct. 3 19 1 20 6 13 15 17 18 2 3325 16 Location 's ® Subject Lands ia�SAIL lGlupcf � Proud Heritage,Exciting Fudar 0 loom File Number 2023-A-57 N Development Services February 7, 2024 Report No. DS2024-015 Page 10 of 12 Page 38 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re- Minor... Schedule 2: Aerial Photo .i we ;c Hillside Ct. Aerial �. liuntship 4! '��^Ca(1%GL� Q Subject Lands � Proad Heritage,Exciting Fulim 0 100 M File Number:2023-A-57 AlI Development Services February 7, 2024 Report No. DS2024-015 Page 11 of 12 Page 39 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... Schedule 3: Applicants' Consent Sketch / (1849) ��S r+ Retained Lands oU<o,. ` y. i! p� Ste• / �O S.I.B. (1650) (1849) N4 � I.B. S7 8 4 Z Lot conditionally severed (2022-B-24) \ 21 3j S.S.i.B. �Nn s (NT) \ N40 00 1 I.B. 0 ' 1� Y�\ \E Ra �(NT) `� v�eb>. J � 9 4SgD \ \ \ S O�J<11 /z2470 $p �� (NT) CP L1 N .( 1)� N A R.171.20 --13.00 19.96 ps29.89 O �-4.72 S.S.I. Lot conditionallycH�29.B5 S.S.I.B_ N28'16'25"E (1849 N232000P.1) (1650) ( severed 2022-B-13 (p-29. P. (WIT)es - (WIT)) CH�29.82 - Consent Sketch 0;cnrY��t/ a�a�rte Proud Hrritgge,lisrititrt,Futurr File Number:2023-A-57 Development Services February 7, 2024 Report No. DS2024-015 Page 12 of 12 Page 40 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... co 00 11..� LO co cor*,%- 00 4-0 L- Lo C) (D 'y1G` w 4 �f S z 3 E: i �6 V O U o U N s � 4 C W U Co 1 o a� > a O O M Q N L 1 J cl� O �4-1 N N O N LO x (D °� a J U — a--' 0 N > 3 N t6 L O J O O Lc) O • • . . U '(D . . O O L (� — L = •O . , a O U O � ~ — _ L) ._ 0 0 0 o � L) N � O .s� Q L) Page 41 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... � w a) O CO :4 (A'`) W a N Q M N O LO U) N N N CD r OEn E U O N a) � O 0 , M O cM 'L-- a) — M .0 M 4) -r— i� > � > m O ° o ~ a) U0O L) ai m m a) INLO 1 _ C �O cY) LO O O ca O O +, M c -6 L- 70 U v > (D Q CL o N � U) ° o o ca IL Q oM -U) O o O > O }, X = J J N }' O - a) .V - N _0 a) U � m N L F .N � a MNCD N � E � � � o 2 co a) MC) ti M N ti U co 00 o� L Q M G� N O _V O -0 O O � N CD a) ae }' U � N U � CD i := a) � U) (D iL Q c/) M M U) Page 42 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... `s k 04 3 k N N O N O N CD ■U �� Lq • •�• O N O N L- U) . CU . . ) 70 OL- cn ° N C �' L o o U m 0- 0- M Q ,.-- ° o CD 0 \� Lo IL / Q J 0 O M ■� . .CD 0 O a � coM � o c C) O O &Z p p i +r M +r o 4) ( � Of Lb a v) cv) vj Page 43 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... `s f W o x' Y N 3 a N N ti L O }� ('�' Q fn a--� W U � 4- L ~ O o LO 1� � 4 U) I—I U) ocj) L) a� U) L p N p E U Q � Q � o 04 4--P o 00 \� Lo U- / Q J 0 O M CD 0 c0 c0 r V O N cn a) O� N 'p � 'p N � U o o � O ) Page 44 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re- Minor... `s f W o x' o 3 'y E: Co4-0 "`` k T W cu xt 00 cu .(oLO All, 0 CO IL CD 75 N 0 a C J.J iJ L 3] ,t a Page 45 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re- Minor... `s f W o x' o 3 'y E: U - � 'PH squid-�a�pa43ep a m � o Stow,Ln x f i CO I O P ¢ 1 � N N LAW c l +� �v a LA 0 } ._ 1}oI n dY J lJ 1L n W 111III Page 46 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re- Minor... `s 04 a ox 3 0 J a Neavn — t tJa U O '0-P e14Byf N 69 ulJ � C � QW1 U (D 20 5 ll F 7 Q -a °° 1 0 °mu�aaa W U � c Lo W C6 � M > Q tr rittl� 00 O Cc r ca o.-- a y �i � 0 p lub,y N o d G � L a �■' I� t �} I � J � C3 � 7 r, 1Qa`4 I Page 47 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... `s co 01 w 4 x E: ! vim U r N .•i _ cq CN • ' �m 4-0N P2�,s �-'�vi Z TO Lo Co 0 vs cm CO10 [tit \ v ',+' ��f�. � ��,. .�• �i .� a i�3 Z�`!'i a 2 p5 Mst 7 N . . c� FL (1) cn W M v CL CL a Page 48 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... L s J O p #tt \ cu IZ i 1 U U) -a 3 °o � �� -j U m V'+ f 4-j O CO N(^ W i N fr J Page 49 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... `s f W o x' o 3 'y E: 4-j O � }� U � m f , Q j Lo ' U) O N •� O � N Page 50 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re- Minor... `s f W o x' o 3 'y E: a }� ga1, L U) 70 L Y a--+ 1 M ., L O F 4 Page 51 of 203 6.a) 5.45 p.m. DS2024 015, Catherine McCarroll, Senior Planner re: Minor... m 4 4 ii p E L �k a P W# Y r -1+�2 prt �4 4_0 _j LO UJ U m f M1 O CO o � O r N E $ Y � Page 52 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re- Minor... `s 04 `o 3 'y W W L a ^ U O s Q O LO �V O N O U t6 O cn N O N cn N Page 53 of 203 6.a) 5.45 p.m. DS2024-015, Catherine McCarroll, Senior Planner re: Minor... r rn 00 0 > >, c m U) ° Q w E5 m �`! Z 0 E c 1fa -0 CD Q 0 .O E O 2 _ V o (a T M (6 O c V a Q) u O O c E U O O 16 E_ o O C6 t�6 c c . U M � — a) o cu a) n U) _ M c N O a) O L !I) U +� a Q_0 c\J E co � �, Co � _ moo � o En > ^, cn O c U W U O U) 0 L Q ^ a M .2 c a CD M O Mc (n \` O � O O I - } 0') Lf) O c Uc 00 V O LO c 0 L6 M E M 9o - U LO c c� E o r m" a � o m r` — U N CD o to u , m a) a) O m J Q O O O 1 L N O 0 0 > > o � N �m Q .� 0 0 1 a o o c 0)-0 c '- o 0 � � � —>'� � � N .Em w � E 0_ 0 CO � EE � o20 oo �' m � o c OO -0 [r-)E aa)i rl- � � � > Q c� QEE � a0 � � a) o _0 CO M M o E o •� c 0 0 c o N > No � � 0 � � O � U E 0 Q °' NM � � E � •� c: 4a0) E cn a) a) c �M c .i= a 0 •� a) a? •E o cU . . L oO — c� E � 0 � w .> �0 EnEOo _0 N co � m _ � 0 CU o � Qo E a)Lo m aLON 0 -0 o -0UO m Q M L �� Lcn Q N L M O cn c6 O O- c a) � c a) Una � n3 L) 0 o �, N � O Q U � a) Q -0 OL O U U OL U O p OU O"_0 M Q a) _ O � c c L ELL O (6 E ' O � Lf) U a O O o c6 ca a3 c N U a) L L O N a) C O L n3 U c Nj co Page 54 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Planner Meeting Date: February 7, 2024 Report No.: DS2024-020 Subject: Consent Application 2023-B-23, Ashlynne Dale, 2431 Line 4 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-020 be received and adopted. 2. That Consent Application 2023-B-23 by Ashlynne Dale, to permit a boundary adjustment having a lot frontage of approximately 62.4 metres (204.6 feet), an irregular lot depth and an area of approximately 2.0 hectares (4.9 acres) to be added to the property described as West Half of Lot 7, Concession 5, Part 1, on 51 R-44120, (Oro) known municipally as 2387 Line 4 North, be approved subject to the conditions as outlined in Report DS2024-020. 3. The conditions for Consent Application 2023-B-23 are as follows: a) That the severed lands with an area of approximately 2.0 hectares (4.9 acres) be merged in title with the abutting property to the east, described as West Half of Lot 7, Concession 5, Part 1 on 51 R-44120 (Oro), and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary- Development Services February 7, 2024 Report No. DS2024-020 Page 1 of 13 Page 55 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 3.0 metre road widening along the entire frontage of both the severed and retained parcels (2387 & 2431 Line 4 North) adjacent to Line 4 North to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the 3.0 metre widening with Line 4 North as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. c) That all municipal taxes be paid to the Township of Oro-Medonte. d) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. f) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. g) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 4.26 hectares (10.52 acres) and contains a single detached dwelling, two detached accessory buildings (sheds) and a hanger. The Development Services February 7, 2024 Report No. DS2024-020 Page 2 of 13 Page 56 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicant is proposing to sever 1.99 hectares (4.94 acres) of land including the hanger building and add it to their other holdings at 2431 Line 4 North to create a parcel consisting of 98.79 acres. The retained lot would have an area of 2.3 hectares (5.6 acres). The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment, as noted below: (refer to Schedule 3) Lands to be Severed Lands to be Retained Total Merged lands from (2387 Line 4 North) (2431 Line 4 North) 2387 Line 4 North and Added to 2431 Line 4 North Frontage: Approximately 62.4 m Approximately 193.2 m Approximately 250.0 m 204.6 ft. 633.7 ft. 391.1 ft. Depth: Irregular Irregular Irregular Area: Approximately 2.0 ha Approximately 2.3 ha Approximately 39.9 ha 4.9 ac. 5.6 ac. 98.6 ac. Use: Rural Rural Residential Residential and Agricultural No new lots are proposed as a result of the boundary adjustment/lot addition. The purpose of the boundary adjustment is so the applicant can build a replacement residence on the merged lands at the location indicated on Schedule 3. The owner plans on retaining ownership of both lots, with a family member residing in the retained lot. As such, the shared driveway that provides access to the accessory building and the residence on the retained lot is not an issue. In conversation with the applicant, the plan is to eventually relocate the access to the accessory building after the replacement residence on the merged lands is constructed. The applicant also plans on constructing a new access to a replacement residence to be constructed on the retained lot at some point in the future. Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Lot adjustments may be permitted for legal or technical reasons (Section 2.3.4.2) including minor boundary adjustments which do not result in the creation of a new lot. Development Services February 7, 2024 Report No. DS2024-020 Page 3 of 13 Page 57 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... Based on the above, Planning Staff is of the opinion that this application for a boundary adjustment is minor in nature and 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 (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed application conforms to this section as the application will not result in the creation of a new lot or new development and therefore will not adversely affect the protection of agricultural uses. The Growth Plan does not contain specific policies that relate to boundary adjustments; however, it speaks to protecting agricultural lands for long-term agricultural use. Section 4.2.6 Agricultural Systems has been evaluated in regards to the proposed application and Planning Staff is of the opinion that the Growth Plan's objectives of protecting agricultural lands for long-term agricultural use will continue to be met and this application, if approved, will have no negative impact on the Province's Agricultural System. The Growth Plan defines development and site alteration as: Development: The creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act, but does not include: a) activities that create or maintain infrastructure authorized under an environmental assessment process; or b) works subject to the Drainage Act. Site Alteration: Activities, such as grading, excavation and the placement of fill that would change the landform and natural vegetative characteristics of a site. Having considered the above-noted policies and definitions, Planning Staff is of the opinion that since there will be no new lot created and there is no change in land use as a result of this application, and that additional land will be added to the farmland, the proposed boundary adjustment is permitted as the application conforms to the Agricultural System policies of the Growth Plan. County Official Plan The severed lands and the benefitting lands are designated `Agricultural' in the County of Simcoe Official Plan (refer to Schedule 4). Section 3.3.5 of the County's Official Plan contains policies relating to boundary adjustment and states that "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.19). The purpose of this application is to reconfigure lot lines, would not create new lots but would increase the size of an existing farmland. Development Services February 7, 2024 Report No. DS2024-020 Page 4 of 13 Page 58 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... The County Planning Department has been circulated the subject application and as of the writing of this report no comments have been received. In Planning Staff's opinion, the proposed consent conforms to the policies of the County Official Plan. Zoning By-law 97-95 The subject property is predominantly zoned Agricultural/Rural (A/RU) with a small portion at the north end of the property zoned Mineral Aggregate Resource Two (MAR2) in the Township's Zoning By-law 97-95, as amended (refer to Schedule 7). The frontages, interior lot line setbacks and parcel areas of the retained and merged lands would comply with the provisions of Zoning By-law 97-95, as amended. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is Planning Staff's opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. 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 In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Goal of the Plan: • Well Planned Development Development Services February 7, 2024 Report No. DS2024-020 Page 5 of 13 Page 59 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations Department o Line 4 North has been identified in the Road Network Plan as a collector road requiring a 23.Om road allowance o Operations will require a 3.Om road widening across 3315 Line 4 North • Township Building Department— No Comments • Township Development Engineering o At the time of the future building permit application, Development Engineering may require an Engineered Lot Grading plan or other submissions depending on the type, location and size of development proposed. • Nottawasaga Valley Conservation Authority— No concerns • Severn Sound Environmental Association (Source Water Protection) — No concerns Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Proposed Boundary Adjustment Schedule 4: Survey of Proposed Boundary Adjustment Schedule 5: County of Simcoe — Land Use Schedule 6: Township Official Plan — Land Use Schedule 7: Existing Zoning Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2023-B-23 for the purposes of a boundary adjustment be approved subject to the conditions as outlined in the recommendations; and on the basis that the application is consistent with the Provincial Policy Statement, conforms to the Growth Plan, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) and represents good planning. Respectfully submitted: George Vadeboncoeur, RPP, Planner, January 31, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager Planning Services February 1, 2024 Brent Spagnol, RPP, Director, Development Services February 1, 2024 Development Services February 7, 2024 Report No. DS2024-020 Page 6 of 13 Page 60 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... Schedule 1: Location Map 2815 928 2815 818 826 Bass Lake Srd W. NonuFx wd RE,E. w-aFw Valky Rd.W. — j 2336 2639 — 2346 Rmw Rd.w. 2536 ll 2274 2242 2224 2390 43 2200 2387 — 2160 2352 i 2272 2241 2028 2249 2122 2085 Location CM Subject Lands ; �t't f; (� Prond Heritage,Exciting Futon 0 loom File Number 2023-6-23 N Development Services February 7, 2024 Report No. DS2024-020 Page 7 of 13 Page 61 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re- ConsentAppl... Schedule 2: Aerial Photograph rx. c J J111• �,� �} �� ~ ;AM ,l y Q;r • 7� 1 - Aerial Q Subject Lands urJuip Proud Heritage,Exciting Future o 100 m File Number:2023-B-23 ti l i i l Development Services February 7, 2024 Report No. DS2024-020 Page 8 of 13 Page 62 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re- ConsentAppl... Schedule 3: Consent Sketch 1 � � - Lands to be severed and _ added to 2431 Line 4 North Proec� �N `�y ne�Ct�p�crecre4) r-eade,r\ce a� -LLASI �rW (ro PcsMi� I;cct+�r► IRA ICA) 1ou�Y��'oj -I♦ 1 / Consent Sketch !'med Heritage,F.xcitittg Fuherr Fda Number 2023-B-23 Development Services February 7, 2024 Report No. DS2024-020 Page 9 of 13 Page 63 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re- ConsentAppl... Schedule 4: Survey of Proposed Boundary Adjustment SKETCH FOR SEVERANCE APPLICATION vMT O THE KL NAIi OF LOT].CONCE-ow 5 (0600RAnuc TO�OF ORO) NON IN THE T TOWNSHIP OF ORO—MEDONTE COUNTY OF SIMCOE 7 vAN <, sIR-A< i0 .,x ECy Vi EST H A I. h' OF z C a vi 6� rn u z I p U F W i ' •• I 1 I. 0 'r 7, SEVERED - Zo C LC. z a e F .,. ❑ rANi )y0 p RE'AWED Sa- z.zESD No C O N C E S S I O N ¢ z I N.DTl x :AunoN�, DEARDEN AND STANTON LTD ONTAM LAND SURYEYORR CANADA LANDR NRYRYORE ooNsuLmro exouaes �ORILLIA — ONTARIO uTo`v irn aLs Development Services February 7, 2024 Report No. DS2024-020 Page 10 of 13 Page 64 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... Schedule 5: County of Simcoe Official Plan: Land Use Bass Lake Z V� �j J County of Simcoe — Land Use =3 Subject Lands Agricultural '� '? Greenlands /(]'],1gc)�ip ,� Rural (4�qv /t- Proud Heritage,Exciting Future 0 100 m File Number:2023-B-23 N Development Services February 7, 2024 Report No. DS2024-020 Page 11 of 13 Page 65 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... Schedule 6: Township Official Plan: Land Use I a Sid-W. Bass-Lak - r� E. 1 it 1 All C� Township Official Plan - Land Use M Subject Lands 0 Oro Moraine Boundary Agricultural Tinvnship nj Greenlands � P � Rural Prond Heritage,Exciting Foam,� 0 100 m File Number:2023-B-23 N I iI iLLJI Development Services February 7, 2024 Report No. DS2024-020 Page 12 of 13 Page 66 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... Schedule 7: Existing Zoning N MAR2 RUR2 A/RU I Bass lake Srd W a N 'lil R' fY canoe wl�.W I��ON�kRJ� MAR2 OS IR Z N c�f�1 J RUR2 RU A/RU RUR2 RUR2 RUR2 Existing Zoning L RUR2(Rural Residential Two) ` Subject Lands IR(Rural Industrial) A/RU(Agricultural/Rural) 0;iQ/��. ® OS(Open Space) Proud Heritage,Exciting Futurr _ MAR2(Mineral Agregate Resource Two) File Humber:zozs-B-zs I(Institutional) 0 100 m L111J Development Services February 7, 2024 Report No. DS2024-020 Page 13 of 13 Page 67 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... w i i� JI I i L x J N_4 2uI1 i i r Co -a %� M -� Q N 4-j m c: ' U) N � o 0 N , 0Q o (n a� O � � = Z (n ) M . . . . 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CL 0 _O � 0 � o a D Page 69 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... `s f W o x' o 3 'y E: 0 AWL,& CU _0000 Q CIO N CM � cn N UIj O �. e O U 0 a C 'J � J iJ G i a 0 Page 70 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re- ConsentAppl... `s f W o x' o 3 'y E: i O 1--+ CO M i�0 \ I� J m ' its M s I ' S M � M N ' s1 I I V! ~ w I � � I cn � rn N = M r .� � # a a v {7 0v C W L� Page 71 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... `s 04 f■ ■■ _/ a a c� J F7 IL ca N=tr-Bup U 0 V Q CIO Q N m cn N c: O O N � FL 01 � :E 0 = G j •-' Q U I a o` ac � 0 Page 72 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... `s Qj w 4 �f S z 0 c� cU U 0 Q C'e) Q N M7 � J N CM cn N , Q O a� cn u W = (n CLr- M o a � Page 73 of 203 6.b) 5:5 2024-020, George Vadeboncoeur, Planner re- ConsentAppl... `s 04 a o • 3 'y ' ''^ W a 0 A� O co •— Q -a CM Q N o O cle) c: O }, 0 N ��, o U N ^, L J - O � N Page 74 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re- ConsentAppl... 04 cn �= 0 _ � r �.L `M/ / Q N N co cn N •� O N U) U U ix 06 L 0 Z +r c) J w o co Page 75 of 203 6.b 5.55 m DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... p� � ' j U .c: 04 L) x Ot. kZ U) U) a) p U V (D M r 3r O O I J M 0) Q C'7 T Q N U L i M O U) N CM — �_ L) cn N e � � O O N 0 v O z N U .S Q J >, ,k N � ; ' (a c O O 1 +� UJ U) U) O to Pag�6 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... 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O N En N 0 0 � j � L -0 U N c:)CA U a) m cp Q m m m c co �' c c6 > o •— N U .� U cn 'E O O a) c L cn uNj j a- L a) f6 C6 O H ,1 'O U c O fn c:) W E 0 O N cn v O c L w O c Q) Q) E U Q) - oU H w LO U U OU L O p L O � EU C-i ri Page 77 of 203 6.b) 5.55 p.m. DS2024-020, George Vadeboncoeur, Planner re: ConsentAppl... W `s � f� O L � U �•, oo a) a) a) OL co ��--. 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Q) zM N L cu� M a) V U) � � a) O E 0 S L L O `` z a)M .r L O p �_ " � o W � 0 O L 6 9 U C� CU Z - 042- Q co _ a) `� _ U 1 O c6 d cn }� pp r++ } > 1 � 2 � M a� N M � U, � Iq U) O LD O M O Ltd O U E OQ N a� o U o L) L UoMU) -6 0 o L cn c o m g > Q m a) a) o Q fA ) a) U) . . a _ a) -0 > ° 0`~ L O 0 U i•a a)♦ O Q L Q W V O C Q y aQ4- � OL U o 2 M OL � o0 (n c� E m a) :0 � a) c �_ O 0 V a) Q �A L w/ •cn Page 79 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... 4� Toumship of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Planner Meeting Date: February 7, 2024 Report No.: DS2024-021 Subject: Consent Application 2023-B-22, Lynne Melnyk, 1305 Scarlett line Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-021 be received and adopted. 2. That Development Services Committee grant provisional consent to Consent Application 2023-B-22 by Lynne Melnyk, pertaining to lands located at the West Half of Lot 71, Concession 2 (Medonte), known municipally as 1305 Scarlett Line, to sever 39.282 hectares (97.06 acres) of land with a lot frontage of approximately 69.9 metres (229.5 feet) and irregular depth, subject to the conditions as outlined in Report DS2024-021. 3. The conditions for Consent Application 2023-B-22 are as follows: a) That the applicant's solicitor provide a written undertaking to the Secretary-Treasurer indicating that the severed lands will be transferred to the Couchiching Conservancy; b) That all municipal taxes be paid to the Township of Oro-Medonte. c) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. Development Services February 7, 2024 Report No. DS2024-021 Page 1 of 18 Page 80 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... d) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. e) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. f) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. WARNING: Failing to fulfil the conditions within the above-noted statutory two year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 47.409 hectares (117.14 acres) and is irregular in shape. The lands contain a single detached dwelling. 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 sever 39.282 hectares (97.06 acres) of land and donate it to the Couchiching Conservancy (www.couchichingconserv.ca) for the purpose of preserving it as a natural area and retain 8.127 hectares (20.08 acres), as noted below: (refer to Schedule 3). The proposed severed lands are already subject to a formal conservation easement for the benefit of the Conservancy that was approved by the Committee of Adjustment in June 2004 and registered on title in December 2004. The applicants now wish to sever the lands covered by the easement and donate the lands to the Conservancy. The lands subject to the conservation easement are shown as Part 2 on the survey attached as Schedule 4 and correspond with the lands proposed to be severed. Both the proposed retained and severed parcels are irregular in shape as the rear (east) lot line of the retained parcel follows the fence line that existed at the time the easement was created. Lands to be Severed: Lands to be Retained: Frontage: Approximately 69.961 m 229.53 ft. Approximately 161.419 m 529.589 ft. Depth: Approximately 522.49 m Approximately 112.922 m (370.479 ft.) 1,714.21 ft. Area: Approx. 39.282 hectares** Approx. 3.3 hectares (8.127 acres) 97.06 acres Use: Rural & Greenland (Conservation Continued Residential & Rural Easement ** Notice indicated 15.9 hectares (39.282 acres) of land to be severed. Development Services February 7, 2024 Report No. DS2024-021 Page 2 of 18 Page 81 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time promoting efficient land use and development patterns and protecting the environment. Section 1.1.4 pertains to rural areas in municipalities and Paragraph 1.1.4.1 outlines goals for the healthy, integrated and viable rural areas. One of the goals is outlined under h), which states, "conserving biodiversity and considering the ecological benefits provided by nature". Section 1.5 outlines policies for Public Spaces, Recreation, Parks, Trails and Open Space. It goes on to state that "Healthy, active communities should be promoted by: d) recognizing provincial parks, conservation reserves and other protected areas, and minimizing negative impacts on these areas." Based on the above, and the fact the applicant intends to donate the severed parcel to the Couchiching Conservancy to keep it as a conservation easement, 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 (2020) (Growth Plan) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas, is applicable to this application. Paragraph 4 under Section 2.2.9 Rural Areas speaks to the creation of resource based recreational uses "that are compatible with the scale, character and capacity of the resource and the surrounding rural landscape...". The Growth Plan contains policies under the Natural Heritage Section that pertain to the protection of natural heritage features. It speaks to these features, "collectively provide essential ecosystem services, including water storage and filtration, cleaner air and habitats, and support pollinators, carbon storage, adaptation and resilience to climate change." Planning Staff is of the opinion that the proposed application is consistent with the policies in the Growth Plan, as the creation of a new parcel to formally transfer lands Couchiching Conservancy that are subject to a conservation easement will preserve the natural features on the severed parcel. County Official Plan The subject lands are designated `Rural' and `Greenlands' in the County of Simcoe Official Plan (refer to Schedule 5). Most of the retained land is designated `Rural' and the severed lands is designated approximately 50% `Rural' and 50% `Greenlands'. Development Services February 7, 2024 Report No. DS2024-021 Page 3 of 18 Page 82 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... Section 3.3.5 of the County's Official Plan contains policies relating to recognizing, preserving, and protecting the rural character and promote the long-term diversity and viability of rural economic activities, and 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'. Section 3.7.8 indicates that, `limited residential development may be created by consent provided the following are satisfied: a) Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. Consent lots should be developed to an approximate maximum size of one hectare, except where larger sizes may be suitable because of environmental constraints or design considerations;..." Section 3.7.10 indicates that, `development in rural areas should wherever possible be designed and sited on a property so as to minimize adverse impacts on agriculture and to minimize any negative impact on significant natural heritage features and areas and cultural features.' Section 3.8 of the County Official Plan outlines the Greenland Policies. The objective of the policies are to: '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. 3.8.2 To promote biodiversity and ecological integrity within the County's natural heritage features and areas and the Greenlands designation. 3.8.3 To improve the quality, connectivity and amount of woodlands and wetlands cover across the County. 3.8.4 To ensure that species and communities of conservation concern can continue to flourish and evolve throughout the County. 3.8.5 To contribute to the protection, improvement, and restoration of the quality and quantity of surface water and ground water and the function of sensitive surface water features and sensitive ground water features within the County. 3.8.6 To ensure that the Greenlands designation complements and supports the natural heritage systems established in provincial plans and is linked with the natural heritage systems of adjacent jurisdictions, and to require local municipalities to identify and protect natural features and ecological functions that in turn complement and support the Greenlands. 3.8.7 To ensure that the location, scale, and form of development respect and support the protection of the County's natural heritage system. 3.8.8 To provide opportunities for natural heritage enjoyment and appreciation and for recreational and tourism uses in keeping with the Greenlands objectives, that foster healthy and liveable communities and enhance the sense of place and quality of life that characterize the County.' Development Services February 7, 2024 Report No. DS2024-021 Page 4 of 18 Page 83 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... The County Planning Department has been circulated the subject application and as of the writing of this report no comments have been received. In Planning Staff's opinion, the proposed consent conforms to the policies of the County Official Plan. Oro-Medonte Official Plan Similar to the County Official Plan, the subject lands are designated `Rural' and 'Greenlands' in the Township of Oro-Medonte Official Plan (refer to Schedule 6). Most of the retained land is designated `Rural' and the severed lands is designated approximately 50% `Rural' and 50% `Greenlands'. The goal of the `Rural' designation is to: 'to provide for a full range of agricultural uses, agriculture-related uses, on-farm diversified uses as well as rural related uses which support the agricultural and rural community and which fit in to the rural character but are not appropriate in Settlement Areas.' Uses permitted in the rural area include management or use of resources, resource based recreation uses, limited residential development, and public parks, trails, walkways and open spaces. Under the Rural policies, the primary goal is to preserve agriculturally productive lands, prevent the fragmentation of economically viable farm units and to maintain the rural character of the Township. Lot creation is permitted, but size is to be restricted 'in order to conserve other lands in larger blocks for... environmental purposes'. Maximum size should be 1.0 hectare, `except where larger sizes may be suitable because of environmental constraints or design considerations'. `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 Official Plan has a number of policies that work toward protecting significant wetlands, significant wildlife habitat and areas of natural and scientific interest and improving the quality, connectivity, and amount of woodlands and wetlands cover across the Township. Conservation uses along with woodlot management are permitted uses. There is a watercourse that traverses the proposed severed portion of the property (Hogg Creek) that leads to a beaver dam and a marshy area. One of the policies of the plan governs wetlands and states that, `these areas are protected for long term by maintaining, improving... these wetlands and their ecological and hydrological functions.' It is the intent of the applicant to transfer the lands covered by the conservation easement to Couchiching Conservancy over the severed lands that will ensure that the environmental features are conserved in perpetuity. Section 4.8 of the Official Plan governs the subdivision of land. Paragraph 4.8.6 speaks to `New Lots by Consent' and establishes the following criteria that have to be satisfied for the retained lot and the lot to be severed. a) Front on and will be directly accessed by a public road that is maintained on a year-round basis; Development Services February 7, 2024 Report No. DS2024-021 Page 5 of 18 Page 84 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... Staff comment: Conforms. b) Do not have direct access to a Provincial Highway or County Road unless the Province or the County supports the request; Staff comment: Conforms. c) Will not cause a traffic hazard; Staff comment: Conforms. d) Have adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law, and is compatible with adjacent use; Staff comment: Conforms e) Can be serviced with an appropriate water supply and means of wastewater disposal; Staff Comment: Not applicable f) Will not have a negative impact on the drainage patterns and water resource systems in the area; Staff Comment: Conforms g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Staff Comment: Not applicable h) Will not have a negative impact on the ecological features and functions of any in the area, as demonstrated through the appropriate studies; Staff Comment: Conforms i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area, as demonstrated through the appropriate studies; and, Staff Comment: Conforms j) Will conform to Section 53 of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/ or retained lot. Development Services February 7, 2024 Report No. DS2024-021 Page 6 of 18 Page 85 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... Staff Comment: Conforms On the basis of the analysis of the application in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the application conforms to the policies of the Township's Official Plan. The proposed lot creation is for the purpose of donating the parcel to the Couchiching Conservancy for preservation of the environmental features in the severed parcel. 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 7). The existing dwelling is permitted in the A/RU Zone and the frontages and lot areas of the severed and retained lands would comply with the provisions of the Zoning By- law. Nottawasaga Valley Conservation Authority (NVCA) Watershed It is noted that the subject lands are regulated by the NVCA. The NVCA provided comments (refer to Schedule 8) and has no objection to the approval of the application. It did suggest that the lands subject to the conservation easement be rezoned Environmental Protection (EP) and that a conservation easement be registered on title. In response, it is noted that a significant portion of the lands proposed to be severed are zoned (EP) and roughly correspond to the area designated Greenlands in the Official Plan and a conservation easement is already registered on title. Given the lands are subject to the conservation easement, they are well protected from development. It is staff's view that a Zoning amendment is not required. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is Planning Staff's opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. 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 Development Services February 7, 2024 Report No. DS2024-021 Page 7 of 18 Page 86 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... • 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 In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Goal of the Plan: • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations Department— No comments • Township Building Department— No comments • Nottawasaga Valley Conservation Authority— No objection Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Sketch of Lands to be Retained and Severed Schedule 4: Survey of Lands to be Retained and Severed Schedule 5: County of Simcoe — Land Use Schedule 6: Township Official Plan — Land Use Schedule 7: Existing Zoning Schedule 8: Letter from NVCA Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2023-B-22 for the purposes of formally severing lands that are subject to an existing conservation easement be approved, subject to the conditions as outlined in the recommendations; and on the basis that the application is consistent with the Provincial Policy Statement, conforms to the Growth Plan, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) and represents good planning. Respectfully submitted: George Vadeboncoeur, RPP, Planner, January 31, 2024 Development Services February 7, 2024 Report No. DS2024-021 Page 8 of 18 Page 87 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... Approvals: Date of Approval Andy Karaiskakis, RPP, Manager Planning Services February 2, 2024 Brent Spagnol, RPP, Director, Development Services February 2, 2024 Development Services February 7, 2024 Report No. DS2024-021 Page 9 of 18 Page 88 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re- Consent Appl... Schedule 1: Location Map _ t d- z N w �G7 J— f0 I I __---_------ - -_ -- - Peter-St:W. -Flos-Rd.Ten E - / J I I I I ®Subject Lands Development Services February 7, 2024 Report No. DS2024-021 Page 10 of 18 Page 89 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... Schedule 2: Aerial Photograph "d E .1, �gLy3,' J d �Q u A., t'W .�r✓.4 apt. ggg _ � i ,�Flos Rd.Ten.E. Aerial 7invrukip of ',J�G��17GL� Q Subject Lands � Proud Heritage,Exciting Future 0i 100 m File Number:2023-B-22 ti l Development Services February 7, 2024 Report No. DS2024-021 Page 11 of 18 Page 90 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... Schedule 3: Sketch of Lands to be Retained and Severed \\ � �� Lot 71 .// Corserv000n Eown*m j Poker Po1aN ......Appa39.5ac+ea � PARCEL TO BE *0000 SEVERED �. uotv+e m.cew «3• 1305 Saatett Lr+e,Oro Meowle lwep N ••• nos Lot n1.ES1.ES2 Aced Swp„p map 1� Consent Sketch 0�0t ',r ��tte Proud Heritage,F.xciriu,�Mawr File Number:2023-B-22 Development Services February 7, 2024 Report No. DS2024-021 Page 12 of 18 Page 91 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re- Consent Appl... Schedule 4: Survey of Lands to be Retained and Severed PLAN 51R-s y v,l LOT 7 P Ed.tOUt or runs awr 1� P.P, F $6 F O -= " > PLAN OF SURVEY ;QQ g i Ci LOT)\.COWS 0,2 K Ai +r.-•+• } ..� 1: p ° /cezx.rxc rormxtP or•mmne) To OF ORO—MEDONTE L o T COUNTY OF SIMCOE �_ � +•�+.. ° P 1 8 T 8 � m tk F o o evF p�p V 4[ r-M ILO M w�. �' �M .e. • ... .u.. I�I m 9\N SBS\°-001.1\.l�l P.N SJStO-002S1i5� m c�°cs.rt°'nia xmrci.a'`"�..ro..xcRn u� m MOlcs \F.coa SW W's NnFmE C.T.STRONGMAN SURMING LTD. onano 2ana sur.eY.. ORIWA�AONTARIO ' o-TsS Development Services February 7, 2024 Report No. DS2024-021 Page 13 of 18 Page 92 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... Schedule 5: County of Simcoe Official Plan — Land Use xe. C J Gf f0 U N Flos-Rd.Ten-E. County of Simcoe — Land Use =3 Subject Lands Agricultural Greenlands �(]'Tunship J Rural Proud Heritage,Exciting Future 0 100 m File Number:2023-B-22 N i l Development Services February 7, 2024 Report No. DS2024-021 Page 14 of 18 Page 93 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re- Consent Appl... Schedule 6: Township Official Plan — Land Use 1 N E. I 134. it Flos Rd.Ten E. i Township Official Plan - Land Use Mb subject Lands Agricultural -AJ Greenlands Tinvnshipnj Rural P Prond Heritage,Exciting Foam, 0 100 m File Number:2023-B-22 Development Services February 7, 2024 Report No. DS2024-021 Page 15 of 18 Page 94 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... Schedule 7: Existing Zoning r II R1 U rr P A/RU N I j Flos Rd._Ten E. A/RU I I A/RU-219 Existing Zoning A/RU(Agricultural/Rural) r" Subject Lands EP(Environmental Protection) /f}�Ti�llrrt5flljJ Uf Proud Hrrituge,Exciting Future 100 m File Number 2023-6-22 l i r i l Development Services February 7, 2024 Report No. DS2024-021 Page 16 of 18 Page 95 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... Schedule 8: Letter from NVCA i , Nottawasaga Valley I' Conservation Authority �7�7V to January 23, 2024 SENT BY EMAIL Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL 2EO Attn: Andy Karaiskakis Secretary Treasurer planningCcDoro-medonte.ca RE: Application for Consent Town File No. 2023-113-22 1305 Scarlett Line NVCA ID #56980 Dear Andy, Nottawasaga Valley Conservation Authority [NVCA] staff are in receipt of a formal consent application to create a new lot which will be donated to Couchiching Conservancy on the lands located at 1305 Scarlett Line,Township of Oro-Medonte. NVCA staff have received and reviewed the following documents submitted with this application: • [Notice] "Consent Application"Township of Oro-Medonte [January 191", 2024] Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 172/06.The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, NVCA has provided comments as per our Municipal Partnership and Service Agreement with the Township of Oro-Medonte. Ontario Regulation 172106 1. NVCA mapping for the property illustrates unevaluated and evaluated wetlands and the associated 120m area of interference as well as Flood and slope erosion hazards. Due to these hazards, the subject property is mostly regulated pursuant to Ontario Regulation 172/06 the Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. 2. Permits are required from the NVCA for any proposed development or site alteration within regulated portions of this property. Nottawasaga Valley Conservation Authority 8195 r-Line,Utopia,ON LOM 1TO T:705-424-1479 F:705-424-2115 arlminrtnvra nn ra•nvra oo ra A .a..^01'a';i Development Services February 7, 2024 Report No. DS2024-021 Page 17 of 18 Page 96 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... Application for Consent Town File No.2023-B-22 1305 Scarlett Line NVCA ID#56980 January 23,2024 3. Should the applicant intend to make further changes, staff recommend that the applicant(s) pre-consult with our Permits and Regulations Department to determine permit requirements. Provincial Policy Statement PPS (2020) 4. The PPS defines development to be the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act. S. The subject application would constitute as'development'as it relates to determining consistency with PPS policy. Natural Hazard — Regulatory Comments 6. The consent application bisects natural hazards which is usually not pemlitted. However, the nature of the consent for the conservation of land allows for the NVCA to support the application as proposed. 7. The NVCA recommends that the conservation lands be rezoned as Environmental Protection (EP). 8. NVCA support for the application is only for conservation of land. The NVCA recommends that a condition be added to the consent that ensures the conservation easement is registered on title. Conclusion The Nottawasaga Valley Conservation Authority(NVCA) has reviewed the consent application and based upon our mandate and policies under the Conservation Authorities Act. Given the comments above, the NVCA has no objections to the approval of the application. Please feel free to contact the undersigned at extension 233 or tboswellonvca.on.ca should you require any further information or clarification on any matters contained herein. Sincerely, Tyler Boswell Planner Development Services February 7, 2024 Report No. DS2O24-021 Page 18 of 18 Page 97 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re- Consent Appl... 0, `s w x m w ' IL o S 3 E: i I" l f - i � I - Ocz _ # b U O I LL � � o Q N }, N c m (D �. U) M � N w O O 06 ( M U) LO U c •— L U v i LM O O � � L J N M O (D t) Page 98 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... _U w W U) e O -0 co r-- (� x LO - V i o CU M ap to N0 En � r N U N L O co U T O O M M � J o c O O O Q O Q U (� O4-0 Q Q Q " E Q N O U) n� W U) M N (6 cn W M > N ti CON N U N N � in `� O O E E co UN L � � a) E O i En N M a) Uco L W M M c U E E > O 'x x x L 4-1 0 0 0 N (D N Q CL CD o IZZ � � Q Q Q U O O i O o LL o a IL U Page 99 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re- Consent Appl... `s f W o x' o 3 'y E: e.4 Ca — -- ; gip, A� , r. W � cn M s Nu11, lag O p ': w U cq ■ T O � L1 i a � Page 100 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re- Consent Appl... `s f W o x' o 3 'y E: �\ Q 4—j N a O �I LLI I ■ c O N Ali a E C d LL.1 W 0 ri A Page 101 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... `s d/ 04 3 'y E: J a Od U_ O V Q Q N }, N N ' d) � M O p FL -- - 'r�I � O ' RS �LL I4 F Page 102 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... `s f W o x' o 3 'y .. . .. ....... u' ui ui +� W W .. Q Ln tj - Q }, N r W � i (D U) p U N L 14 cn uW CLo a � Page 103 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re- Consent Appl... `s 04 v r � h a � T Y; U OWN,. c ^ O � J QN � � O - OM (VOil _ . - U N - - QD Lc) O M Page 104 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re- Consent Appl... `s f W o x' o 3 'y E: x - L c— cn cu N Q N � J � m � cn M - a� N O O �_ U cv - - LO O CIO 0 U .L Page 105 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re- Consent Appl... �i�1►4�,;��r�_e-- r �' � � w 1p (Dl W a, or � - O ■ e ♦'��w w/ =AW; ' 4R. r o = p U) •� O O O . U) U_ O N cn co Oir p ca J cn N Cn 4 ~ N Ln OM M C J X (b AAA Page 106 of 203 6.c) 6.05 p.m. DS2024-021 , George Vadeboncoeur, Planner re: Consent Appl... U) i Q c Z a w O M c C9 i N C M a (6 O C M Q O (6 U n�Q-�/ O ` d l W N a c N L =5 .0 O O O a) Q 3 a L U O N N O f6 Q) ?j O C (n U) N !n !n L OCY) 0) L Q) O 4) W >_ M En f a)a L > L V/ c a) a) a) U) a) _ J U) O L a) of O >, O L U cn Q c6 M a) N c c L 0) 70 LO U N J J N c a p ) C m N co O c6 C) ) O O O 0 U) a) " ` O �_ L O M U _ O p O �+ T (�6 o c- U) O cu O — •�-_V U) -0 Q) � N O Q.� O ML L -0 cu > L O cn• CD Q- m m M _0 O o ca CL c N o � � cn m a�i >+ c a)_ N UE U) a6 � 0 " Eon E m `~ 'v o o >. U U) Ln O 0) > a) cn M 0 - rn c > c o N o p a) _ U_ W O O N O c6 O O ) O cOn p E p cnA C M r- w, O C O � Q U O L.L E i U) N O " � O rn n3 O 0) O d :L c O N c U > O OQ > `. E N c O N a) a) O O O N N O O O p � Q) = = R i UN � � � � �' mom' � � � U)M :3 M0 0 0 � Lj O a) O 2 � � t r O V' U T N U) U i W(n a) O c M M > O c o Cu o U '> >; "- ) CD- 0 x o U m � 0 0 Q _ o c L i n •a Q > � a) � a) m .o O O — n O L O m O O O cn o m . . U) O Q 0 U)i c"-n M o o a > N a) — O c cn .� - U U O O _U _O m c O 0 m O O U) .� , o = M O Fu M (n O U O a) cnIDa- CD 0N O U c06 0 c CL) 06 U O + (L) c M o 4- CD- � '� O CL U) � � c -aw� o a m M m a E W O U o a) z N U — O E Of � N a ~ 0 H H U H M H HLi 0 �' U cn � L WIi •cn • r N Page 107 of 203 6.d) 6.15 p.m. DS2024-018, 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: February 7, 2024 Report No.: DS2024-018 Subject: Consent Application 2024-B-01 by Bryan Lambert & Dan Lambert, 839 Ridge Road West Type: Requires Action Motion No.: Recommendation 1. That Report No. DS2024-018 be received and adopted. 2. That Consent Application 2024-B-01 by Bryan Lambert & Dan Lambert, pertaining to lands located at 839 Ridge Road West, Township of Oro-Medonte, be deferred to provide the applicants the opportunity to address Simcoe County and Township Planning comments. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject lands have a lot area of approximately 0.78 hectares (1.9 acres) and contain a single detached dwelling and a detached accessory building. Surrounding land uses predominantly consist of agricultural uses and include scattered rural non- farm dwellings (refer to Schedules 1 and 2). The applicants are requesting consent to sever lands for the purpose of the creation of a new residential lot. The details of the proposed severance are as follows: Development Services February 7, 2024 Report No. DS2024-018 Page 1 of 15 Page 108 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Lands to be Severed: Lands to be Retained: Frontage: Approximately 30.4 m 100.0 ft. Approximately 42.3 m 138.7 ft. Depth: Approximately 106.3 m 348.7 ft. Approximately 108.5 m 355.9 ft. Area: Approx. 0.32 hectares 0.8 acres Approx. 0.46 hectares 1.1 acres Use: Vacant Continued Residential The applicants Consent Sketch is included as Schedule 3 to this report. Analysis Provincial Policy Statement (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 is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that this application is consistent with the policies of the PPS since the application represents limited residential development within a rural area. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed residential lot is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are compatible with the rural landscape and surrounding local land uses. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside of the Lake Simcoe Region Conservation Authority's regulated area and the Township is not required to circulate consent applications that are not within the regulated area to the LSRCA. However, the property is within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP). Planning Staff have reviewed the subject consent application in context to the policies in the LSPP, specifically Policy 4.15 DP, which restricts new on-site sewage system or subsurface sewage system within 100.0 metres (328.1 feet) of the Lake Simcoe shoreline and the subject property is outside of the 100.0 metres (328.1 feet) setback. County of Simcoe Official Plan The subject lands are designated "Rural" and "Greenlands" in the County of Simcoe Official Plan (OP) (refer to Schedule 4). Section 3.3 of the County's Official Plan contains "General Development Policies" and, specifically, Section 3.3.2 states that "Subdivision of land by plan of subdivision or consent, or plans of condominium, are permitted only for the land uses permitted in the designation or that maintain the intent Development Services February 7, 2024 Report No. DS2024-018 Page 2 of 15 Page 109 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... of the Plan's objectives and policies." Section 3.3.4 states "Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe, the Province of Ontario, or local municipalities." (p. 18). Section 3.7 of the County's Official Plan contains Rural policies that include criteria for lot creation and specifically 3.7.8 states that limited residential development may be created by consent provided the following are satisfied: a) Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. Consent lots should be developed to an approximate maximum size of one hectare, except where larger sizes may be suitable because of environmental constraints or design considerations; and, b) The number of lots on the grid road system shall be restricted in order to maintain the rural character and road function and to avoid strip development" (p. 42). "Grid road" is defined in the County of Simcoe Official Plan as roads such as concession and sideroads which form part of the original rural road system of the County, plus all arterial roads which now serve as Provincial Highways, County Roads, and local municipal arterial roads. "Strip development" is defined in the County OP as lot creation in the Rural Designation: (a) along roads that are part of the originally surveyed concessions and side roads grid or are other more recently surveyed arterial or collector roads which are not part of an internal local road system; and (b) which is arranged in linear configurations of more than three non-farm lots within 200 metres of the proposed lot line as measured along the frontage of one side of the road. Comments from the County have been received for the subject application which state that the proposed lot configuration would result in strip development as noted above, as there are already more than 3 non-farm lots in close proximity to one another on the south side of Ridge Road West. As a result, the creation of the residential lot along Ridge Road West would constitute strip development and would not be supported by the County. In addition, the County's Entrance By-law does not permit new entrances to individual residential lots created on County Roads, except in settlement areas. Refer to Schedule 7 for the full County comments. On this basis, the consent application as submitted would not conform to the County of Simcoe's Official Plan. Development Services February 7, 2024 Report No. DS2024-018 Page 3 of 15 Page 110 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Township of Oro-Medonte Official Plan The subject lands are designated "Rural" and "Greenlands" in accordance with Schedule "A— Land Use" of the Township's updated Official Plan (refer to Schedule 5). Section 2.6.9 of the OP contains "Lot Creation" policies in the Rural designation and provides the following: "2. In accordance with the intent of this Plan to maintain the rural character of the Township, the majority of the new residential development is directed to Settlement Areas and existing lots of record. However, a limited number of new lots for residential purposes may be created in the Rural designation provided the following are satisfied: a) No more than one lot shall be created from an existing lot as of the date of adoption of this Plan; b) Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. Consent lots should be developed to an approximate maximum size of 1.0 hectare, except where larger sizes may be suitable because of environmental constraints or design considerations; c) The proposed lot will conform to the Minimum Distance Separation Formula and will not affect the ability of neighbouring farmers to expand their operations in the future; d) The proposed lot will conform with the General Consent Policies of this Plan, and the General Development Policies of the County Plan; e) The lot creation does not constitute strip development; and, f) Residential infilling shall be permitted between two residences, existing on the date of adoption of this updated Official Plan, where the distance between the dwellings, located on the same side of the road, is 100 metres (328 feet) or less provided it does not constitute strip development." (p. 68). "Strip development" is defined in the OP as lot creation in the Rural Designation: (a) along roads that are part of the originally surveyed concessions and side roads grid or are other more recently surveyed arterial or collector roads which are not part of an internal local road system; and (b) which is arranged in linear configurations of more than three non-farm lots within 200 metres of the proposed lot line as measured along the frontage of one side of the road. As discussed in the preceding section, the consent application as currently proposed would constitute strip development in accordance with the policies contained in the County's and Township's Official Plan. As a result, Planning Staff cannot support the application at this time. Development Services February 7, 2024 Report No. DS2024-018 Page 4 of 15 Page 111 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Zoning By-law 97-95 The subject property is currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended (refer to Schedule 6). The Zoning By-law requires a minimum lot area of 0.4 hectares and a minimum lot frontage of 45.0 metres for single detached dwellings in the A/RU Zone. The severed lot is proposed to have a lot area of 0.32 hectares and a lot frontage of 30.4 metres, therefore not complying with 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. It is Planning Staffs opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. 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 priority. Development Services February 7, 2024 Report No. DS2024-018 Page 5 of 15 Page 112 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received. • Township Development Engineering — an Engineered Lot Grading may be required at the time of building permit application for the proposed development • Township Infrastructure and Capital Projects — Operations will require a 15 metre by 15 metre daylight triangle at the southwest corner of Line 5 South and Ridge Road West • County of Simcoe — refer to Schedule 7 Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Schedule 4: County of Simcoe Official Plan Land Use Schedule 5: Township Official Plan — Schedule A - Land Use Schedule 6: Existing Zoning Schedule 7: County of Simcoe comments dated January 30, 2024 Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2024-B-01 be deferred to provide the applicants the opportunity to address Simcoe County and Township Planning comments. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, January 31, 2024 Approval: Date of Approval Brent Spagnol, RPP, Director, Development Services January 31, 2024 Development Services February 7, 2024 Report No. DS2024-018 Page 6 of 15 Page 113 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map aRn�.�.aw 726 i,CME. ea...a.w. 696 —Ridge Rd.W. 721 —� 767 953 905 863 855 843 —839 965 993 �j N v c J Location Subject Lands Of, Proud Heritage,Exciting Futwe 0 loom File Number 2024-B-01 A Development Services February 7, 2024 Report No. DS2024-018 Page 7 of 15 Page 114 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Aerial Photo +r j 7- ' Aerial Q Subject Lands Proud Heritage,Exciting Futto, 0 100 rn File Number:2024-B-01 ti I Development Services February 7, 2024 Report No. DS2024-018 Page 8 of 15 Page 115 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Applicant's Consent Sketch RIDGE ROAD All, w. •a t (C"rY AW Ab 20) e i 3o4g 4a.39 316. it +tea.. •Oaf Y YYO• :AST H A L F LO .� Thy e9f xa O i M .Y•e o Lands to be «.Y - 3 severed Lands to be retained �., „ u; YiY r•w aj CONCESSION ■� tw tS ail }10. 0.y cao h a i J16—� I�.Oy IO'O 'Y,Yet O.Y 1� ?Uil�dS/1 tp 0� Consent Sketch Proud Heritage,Fscitirlg Futurr, File Number:2024-B-01 Development Services February 7, 2024 Report No. DS2024-018 Page 9 of 15 Page 116 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Schedule 4: County of Simcoe Official Plan Land Use as' J L4.w ,Ridge RW. "tC- J C6 un v c J County of Simcoe — Land Use (Subject Lands Agricultural -1404k Greenlands T, nsIn- of Rural Proud Heritage,Exciting Future 0 100 m File Number:2024-B-01 Development Services February 7, 2024 Report No. DS2024-018 Page 10 of 15 Page 117 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Schedule 5: Township Official Plan — Schedule A - Land Use r - -...no.ww Id.w, z y N at c J ep w w j Ridge Rd.W. vi to a c J Township Official Plan - Land Use i 1_-,Subject Lands Agricultural Greenlands s TmunsAiE Rural Proud Heritage,Exciting Future 0 100 M File Number:2024-B-01 Development Services February 7, 2024 Report No. DS2024-018 Page 11 of 15 Page 118 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Schedule 6: Existing Zoning r A/Ru L--d W) A/RU"330 A/RU RidgeRd.W. = A/RU c / a A RU LC*86 IA/RU " 7 K N d J PR*374(IFl) A/RU x N n W Existing Zoning 0 LC(Local Commercial) ��` ` Subject Lands 0 A/RU(Agricultural/Rural) Tm _ EP(Environmental Protection) 0;i��/�C��l(�� _ PR(Private Recreational) Proud Heritage,Exciting haws 0 100 m File Number:2024-B-01 ti I Development Services February 7, 2024 Report No. DS2024-018 Page 12 of 15 Page 119 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Schedule 7: County of Simcoe comments dated January 30, 2024 �+ County of Simcoe Main Line(105)/26-9300 ccxnveynxAOW Planning Department Toll Free(866)893.9300 S'MCOE14 1110 Hiphvray 26 Fax(705)727.4278 'W_ Kelhurst,Ontario L9X 1NB simedwea mil! January 30, 2024 Alison Stevens VIA EMAIL Development Services Assistant. Township of Oro-Medonte 148 Line 7 South Oro-Medonte, On LOL2EO RE: County Comments -Consent Application—839 Ridge Road West County File No. OM-B-2403 Township File No. 2024-B-01 Subject Land: 839 Ridge Road West,Township of Oro-Medonte Thank you for circulating the County of Simcoe regarding the above-noted application. County Planning staff understand that the applicant is proposing the creation of one (1)new residential lot from the subject lands. The newly created lot will be approximately 0.32 hectares (0.8 acres) and would have 30.4m frontage along Ridge Road West. The lot area of the retained lands will be approximately 0.46 hectares (1.1 acres). Upon review of the application, County staff would like to offer the following comments. Planning Comments The subject lands are designated `Rural" with a small portion on the southeast corner designated as "Greenlands" as per Schedule 5.1 Land Use Designations to the County of Simcoe Official Plan and the area of the proposed new lots is designated "Rural", Further, the subject lands are located within the watershed boundary of the Lake Simcoe Protection Plan (LSPP). Therefore, the LSRCA should be consulted in regard to their requlated lands and to ensure conformity with provincial natural hazard policies and policies of the LSPP. Proposed new lot is located in the"Rural'designation on the property and are subject to the Rural policies of the County of Simcoe Official Plan. County of Simcoe Official Plan policy 3.7.8 states that, limited residential development may be created by consent provided the following are satisfied: (a) Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. Consent lots should be developed to an approximate maximum size of one hectare, except where larger sizes may be suitable because of environmental constraints or design considerations. Page 1 of 3 Development Services February 7, 2024 Report No. DS2024-018 Page 13 of 15 Page 120 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... (b) The number of lots on the grid road system shall be restricted in order to maintain the rural character and road function and to avoid strip development. Strip development is defined as lot creation in the Rural Designation, which is arranged in linear configurations of more than three non-farm lots within 200 metres of the proposed lot line as measured along the frontage of one side of the road. Proposed lot configuration vrould result in strip development as there are already more than 3 non-farm lots in close proximity to one another on the south side of Ridge Road West. Therefore, the creation of a lot by consent with frontage along Ridge Road West, as per the proposed configuration would contnbute to strip development and would not be supported by the County. In addition, Ridge Road West is a County right of way, and in this location, it is not expected that any entrance driveways for new residential lots will be permitted in accordance with the County of Simcoe Entrance By-la-,v 5544. Further, County of Simcoe Official Plan policy 3.3.4 states that the lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe, the Province of Ontario,or local municipalities. Exceptions may occur in plans of condominium where the condominium development has access to a public highway. Subject to local municipal bylaws and official plans lots may be created on existing private roads or water only access. The County of Simcoe recognizes that the creation of new lots for residential development fronting Ridge Road West at the subject property would not conform to aforementioned County Official Plan Policies. Transportation and Engineering Comments Thank you for circulating the above-noted proposed Consent Application to the Transportation & Engineering Department for review. As mentioned above. the County of Simcoe's Official Plan and the County's Entrance By-law No. 5544 do not support the creation of new residential lots outside of the designated Settlement Area boundaries. Section 2,5,2 of the County of Simcoe s Entrance By law No, 5544 states that New Entrances shall not be permitted to individual residential lots created on County Roads following June 30. 1996, except in urban settlement areas designated in Official Plans. This is mirrored by Section 4.8.32 of the County of Simcoe Official Plan. Additionally, Section 4.8.33 of the County Official Plan states that the existence of multiple entrances to a parcel of land does not imply that additional lots can be created. The property at 839 County Road 20 (Ridge Road West) is not located within a Settlement Area Boundary as identified in the County of Simcoe's Official Plan, For these reasons the County of Simcoe cannot support a request for the severance of this property. No access to County Road 20(Ridge Road West) %will be granted from a severed lot. Please contact Corey Rice in Transportation&Engineering with any questions related to T&E comments, by phone, 705-726-9300 extension 1076, or by email corey.rice asimcoe.ca. Page 2of3 Development Services February 7, 2024 Report No. DS2024-018 Page 14 of 15 Page 121 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Summary Please circulate a copy of any future notices associated with this application to the attention of the County of Simcoe Planning Department via planning.notices(cDsimcoe.ca. If you have any questions or require further information, please do not hesitate to contact the undersigned at 705-726-9300 Ext.1157 or ishan.maggo a simcoe.ca Sincerely. The Corporation of the County of Simcoe r- Ishan Maggo, MCIP, RPP,AITP Planner 111 cc: Dan Amadio, Manager of Planning—County of Simcoe Corey Rice, Engineering Technician II—County of Simcoe Page 3of3 Development Services February 7, 2024 Report No. DS2024-018 Page 15 of 15 Page 122 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... w kk ti 1'r � ri. E I ' � o � m Na ry O � � Q o a� M C..) . . . . M CO U 00 Q a . . t6 C O .0 LLM N O CD t) Page 123 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... 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If 0 `s w 4 x E: rc s i O N 's a U_ ■i■� � IN1ro[.naly 'S S 4DUI-I g au-1 m R O1 U O =f N ➢ g e ■ 7ra C r+ 4f a O N � a O ■� C < � 3 V� � J $ W 1 W Li IF, Page 126 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... m 04 3 'y J � -SSau�, 3 'ssaui� �rt � •Y ■ram' V 63 LA O a _ Z c � � U U_ E Q � +� O N . . cn O Z -C7` v � C < 0 M � F Page 127 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... a o 3 'y E: e r�rr s sr�oss�� ar��3aw�a�om avc�a �� .r }� O z a cn - C: a a� cn ca C v W = (n CLC CL o aU Page 128 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... O W Cz Cu N a 1 a U o LO �--� C— CD O � _O � N t6 O N U � N tU O — - Z U �R Page 129 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... Ilk W w i W -\ Q _ N W (L)cn — a LA O CD U) U N 9 Z! O f r Page 130 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... 04 a (D �f N x U ° o O cn � N O E O U N U (D � (n C) a) _ � O Page 131 of 203 6.d) 6.15 p.m. DS2024-018, Andy Karaiskakis, Manager, Planning Services ... `s .4 L W U) d i U) U) 3 �` 0 O N U �� N 2 O CD C O : O U � m m O U .E L O � L U) U) U) �1 (6 O L O 0 C C Q Cm 0 Ln L�f♦♦ � �AA,� Q C L ^W^' QCD- W Q J 0a) O J ) U COCn � m cn a)m O E � E p N � � CL UO NCu LO L m o W > m m U L Q 9) C? O CO O O N fQ C a) .O N O C O CV _U a C Z Q O (6 L C � O E O C O U) U) }, w Q C Q 'Ef +� E U C O O � � E U Q C� CO Page 132 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: February 7, 2024 Report No.: DS2024-016 Subject: Minor Variance Application 2024-A-01, Susan Creighton & Jeffrey Moulton, 360 Ingram Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-016 be received and adopted. 2. That Minor Variance Application 2024-A-01 by Susan Creighton & Jeffrey Moulton specifically for permission to build a detached accessory building with an increased height of 8.4 metres (27.6 feet), increased floor area of 258.6 square metres (2,784.0 square feet) and containing an apartment dwelling unit with an increased floor area for the garage and living space of 258.6 square metres (2,784.0 square feet), on lands municipally known as 360 Ingram Road, Township of Oro-Medonte, be deferred to provide the applicants with the opportunity to: 1) address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans; and, 2) provide Planning Staff with the required information to complete the Minimum Distance Separation calculation from the neighbouring livestock facility. 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 17.8 hectares (44.07 acres) and contains a single detached dwelling and several detached accessory buildings/structures. The location Development Services February 7, 2024 Report No. DS2024-016 Page 1 of 21 Page 133 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... 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 with a 2nd storey accessory dwelling unit. On the original site plan, the accessory building was proposed to be located 61.0 metres (200.0 feet) from the westerly interior side lot line, which meant that it would be far from the existing building cluster containing the dwelling and accessory buildings and would require a separate entrance off Ingram Road. Planning Staff expressed concerns to the owners that the accessory building would not conform to Section 2.13.13.7 and Section 4.9.9 of the Township's Official Plan as the building was not proposed to be located within the existing building cluster. The applicants provided a revised site plan which shows the accessory building 137.2 metres (450.0 feet) from the westerly interior side lot line; therefore, shifting the accessory building 76.2 metres (250.0 feet) closer to the existing single detached dwelling. Since the accessory building is proposed to be located closer to the dwelling, access to the accessory building would be via an extension of the existing driveway and would not require a secondary entrance off Ingram Road, see Schedule 3 to this report. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.1 — Uses Permitted in Detached Accessory Buildings Required: Proposed: Not to be used for human habitation. Proposed to contain an apartment dwelling unit. Section 5.1.4 — Maximum Height Required: Proposed: 4.5 metres 14.7 feet 8.4 metres 27.6 feet Section 5.1.6 — Maximum Floor Area Required: Proposed: 100.0 square metres (1,076.4 square 1st floor garage: feet) 129.3 square metres (1,392.0 square feet) 2nd floor living space: 129.3 square metres (1,392.0 square feet) 2nd floor deck: 88.6 square metres (954 square feet) Total floor area: 258.6 square metres (2,784.0 square feet) Section 5.4 —Apartment Dwelling Units Ac essory to a Single Detached Dwelling Required: Proposed: Permitted in a single detached dwelling. Proposed to be located in a detached accessory building. Development Services February 7, 2024 Report No. DS2024-016 Page 2 of 21 Page 134 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... Section 5.4 c - Maximum Floor Area of the Apartment Dwelling Unit Required: Proposed: 70.0 square metres (753.5 square feet) 1st floor garage: 129.3 square metres (1,392.0 square feet) 2n1 floor living space: 129.3 square metres (1,392.0 square feet) 2n1 floor deck: 88.6 square metres (954 square feet) Total floor area: 258.6 square metres 2,784.0 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. Section 1.1 contains policies for managing and directing land use to achieve efficient and resilient development and land use patterns. Specifically, Section 1.1.1 states that "Healthy, liveable and safe communities are sustained by: ... (b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;" (p. 7). This is addressed further in Section 1.4 Housing that speaks to providing a mix of housing options and densities by permitting and facilitating all types of residential intensification, including additional residential units and redevelopment. The apartment dwelling unit adds to the range of housing options in the area. Section 1.1.4 — Rural Areas is applicable to this application. These policies support limited residential development as well as development that is compatible with the rural landscape. The proposed variances are in keeping with the rural landscape. In accordance with Schedule C — Natural Heritage, Water Resources and Hazards of the Township's Official Plan, the entire property except for the existing building cluster contains a significant woodland and the north half of the property contains unevaluated wetlands (see Schedule 7); therefore, Section 2.1 — Natural Heritage is also applicable to this application. Specifically Section 2.1.5 (b) states that development and site alteration shall not be permitted in significant woodlands unless it has been demonstrated that there will be no negative impacts on the natural features or their Development Services February 7, 2024 Report No. DS2024-016 Page 3 of 21 Page 135 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... ecological functions. Planning Staff is of the opinion that an Environmental Impact Study or Natural Heritage Evaluation is required to demonstrate that there will be no negative impacts on the significant woodland. Therefore, Planning Staff is not in a position at this time to conclude whether the application is consistent with the Natural Heritage policies of the PPS. 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 contains policies for where and how to grow. Specifically, Section 2.2.1.4 (c) states that applying the policies of the Growth Plan will support the achievement of complete communities that "provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes" (p. 14). These policies are reiterated in Section 2.2.6 Housing. The apartment dwelling unit helps contribute to providing a diverse range of housing options in the area. Section 2.2.9 Rural Areas is also applicable to this application. This section states that new multiple lots or units for residential development will be directed to settlement areas but may be allowed on rural land in site-specific locations with approved zoning or designation in an official plan. This section has been reviewed and Planning Staff is of the opinion that the minor variance application is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established lot and the apartment will be compatible with the rural landscape and surrounding rural land uses. Section 4.2.3 — Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features also applies to this application as the proposed development is located within a significant woodland. Specifically, Section 4.2.3.1 states: "Outside of settlement areas, development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for: ... e) expansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan, subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure;" (p. 42-43). Section 4.2.3.1 (e) recognizes that there are instances where existing structures and uses should be permitted to expand provided specific requirements are met. The specific requirements that this policy identifies are that no other alternatives are available, the expansion is to be limited in scope and within close proximity to existing Development Services February 7, 2024 Report No. DS2024-016 Page 4 of 21 Page 136 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... buildings. In this instance, Staff have not received any supporting studies that identifies that the detached accessory building is in the most suitable location given the location of the woodland and that there are no alternative locations available. On the basis of the preceding, Planning Staff cannot conclude that the proposed development conforms to Section 4.2.3.1 (e) of the Growth Plan as it applies to this application. The north half of the property is regulated by the Nottawasaga Valley Conservation Authority (NVCA) due to the presence of the unevaluated wetlands. The NVCA has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any NVCA comments that may be received. County Official Plan The subject lands are designated `Greenlands', with a very small section designated "Rural", in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan, see Schedule 6 to this report. The proposed accessory building will be fully located within the Greenlands Designation. The Greenlands Designation seeks to protect and restore the natural character, form, function and connectivity of the natural heritage system. The County's natural heritage system includes significant woodlands, among others. Section 3.8.14 states that local Official Plans may contain policies and mapping that detail the criteria for determining significant woodlands in accordance with the definition of significant woodlands as defined by the County's Official Plan. Significant woodlands can also be determined through an Environmental Impact Study (EIS). Based on the fact that Planning Staff have not received an Environmental Impact Study or Natural Heritage Evaluation from the applicants that identifies that the detached accessory building is in the best site for development of the property given the presence of the significant woodland feature, and that Staff have yet to receive comments from the County, Planning Staff are not in a position to conclude that the proposed development conforms to the County's Official Plan. Planning Act, R.S.O. 1990, c. P.13 On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1.5 million homes over the next 10 years. Section 16 (3) of the Planning Act, which speaks to Official Plans, was amended with the following new policies to permit gentle density/intensification: "Restrictions for residential units (3) No official plan may contain any policy that has the effect of prohibiting the use of, Development Services February 7, 2024 Report No. DS2024-016 Page 5 of 21 Page 137 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or c) one residential unit in a building or structure ancillary to a detached house, semi- detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. Same, parking (3.1) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3). Same, minimum unit size (3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3). Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2)". The subject lands are located in a rural area and are serviced by a private well and private sewage system. The applicant will be required to obtain a Septic Permit for a new septic system or a Sewage System Verification to confirm that the existing septic system is able to accommodate the additional dwelling unit. The property has one driveway that would provide access to the existing single detached dwelling and proposed accessory building. There is plenty of space for parking along the existing driveway and proposed driveway extension. Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services February 7, 2024 Report No. DS2024-016 Page 6 of 21 Page 138 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated `Greenlands' in "Schedule A— Land Use" of the Township's Official Plan (2022). The objectives of the `Greenlands' Designation are: • 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; • Implement the "Environment Focused" objectives of this Plan; • Maintain ecosystem biodiversity and provide for the long-term sustainability and viability of the natural heritage system; • Improve the quality, connectivity and amount of woodlands and wetlands cover across the Township; • 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; • To ensure that the `Greenlands' designation complements and supports the natural heritage systems established in provincial plans; and, • To implement the `Greenlands' designation policies of the County Official Plan. Permitted uses in the `Greenlands' Designation include additional dwelling units accessory to single detached dwellings on lots which were approved prior to the approval date of the Official Plan. In accordance with Schedule C — Natural Heritage, Water Resources and Hazards, the entire property except for the existing building cluster contains a significant woodland and the north half of the property contains unevaluated wetlands, see Schedule 7 to this report. Section 2.13.13.5 and Section 2.13.13.6 state that accessory structures are permitted in the Greenlands designation 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". Since the proposed development is expanding into the significant woodland, it is Planning Staff's opinion that the applicants are required to obtain an Environmental Impact Study (EIS) or Natural Heritage Evaluation (NHE) to demonstrate that the proposed building will not have an adverse impact on the natural heritage feature and to demonstrate conformance with all natural heritage policies of the Provincial Policy Statement, Growth Plan, and County and Township Official Plans. Section 2.13.13.7 speaks to additional residential units in the Greenlands Designation, specifically, it states: Development Services February 7, 2024 Report No. DS2024-016 Page 7 of 21 Page 139 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... "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". Section 4.9 contains detailed policies with respect to additional dwelling units. These policies are listed below and Planning Staff have included an analysis of the applicant's proposal against these policies: 1. Additional Residential Units are defined as separate and complete dwelling units that are contained either within the structure of a residential dwelling or in an accessory building or structure on the same lot. Additional Residential Units allow for affordable housing opportunities and the policies of Section 2 of this Plan determine in which land use designations an accessory residential dwelling unit shall be permitted. Staff comment: Conforms. The additional residential unit is contained within an accessory building. 2. Additional Residential Units provide for the opportunity to develop affordable housing units within the Township. Development of these units will assist in supporting the County's target of providing 10 percent affordable housing units to be created each year throughout the County. Staff comment: Conforms. 3. Where an Additional Residential Unit is permitted, a maximum of two Additional Residential Units are permitted within a single detached, semi- detached dwelling or rowhouse dwelling. Staff comment: Conforms. There is currently one residential unit within the existing single detached dwelling on the lands and the additional residential unit is proposed to be located in the detached accessory building. 4. Where an Additional Residential Unit is permitted, a maximum of one Additional Residential Unit is permitted within an accessory building or structure of a single detached, semi-detached dwelling or rowhouse dwelling. Staff comment: Conforms. One additional residential unit is proposed to be located in a detached accessory building, which is accessory to the single detached dwelling. 5. For further clarity, the intent of this policy is to permit up to a total of three residential units, which includes the primary dwelling, on eligible properties and in accordance with the relevant zoning provisions. Development Services February 7, 2024 Report No. DS2024-016 Page 8 of 21 Page 140 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... Staff comment: Conforms. The proposed variance would result in two residential units on the lands, and the applicant is seeking Minor Variance relief from current zoning provisions. 6. Additional Residential Units are not permitted within hazardous lands as defined and regulated by the local Conservation Authority either within the basement of a primary residence or within an accessory building or structure. Staff comment: Conforms. The proposed development is not located within or adjacent to hazardous lands. 7. Additional Residential Units will be regulated by the provisions of the implementing Zoning By-law in accordance with the following provisions: a) The Additional Residential Unit shall clearly be ancillary to the principal residence and specific limits as the maximum floor area permitted or size relative to the primary residence will be established in the Zoning By-law; Staff comment: Conforms. Based on the apartment's smaller size and its location setback from the road, the main dwelling will maintain its appearance as the principal residence. The applicant has requested an increase in floor area for the apartment dwelling unit and the detailed analysis of the minor variance can be found later in this report. b) The Additional Residential Unit shall be integrated into its surroundings with negligible visual impact to the streetscape; Staff comment: Conforms. The additional dwelling unit will be located more than 48.8 metres (160.0 feet) from the front lot line and the property is heavily treed; therefore, reducing its impact from the road. c) The Additional Residential Unit shall be compatible in design and scale with the built form of the primary dwelling; Staff comment: Conforms. The apartment dwelling unit will be compatible with the primary dwelling and surrounding rural area. d) The Additional Residential Unit shall only be permitted on lots that have appropriate frontage and an entrance directly onto a publicly maintained road; and, Staff comment: Conforms. The subject lands comply with the minimum lot frontage of 45.0 metres (147.6 feet) and front directly on Ingram Road, which is owned and maintained by the Township. Development Services February 7, 2024 Report No. DS2024-016 Page 9 of 21 Page 141 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... e) Other siting requirements related to matters such as servicing, parking and access requirements and stormwater management shall be established in the Zoning By-law. Staff comment: Conforms to current Zoning By-law provisions. The applicants are proposing to extend the existing driveway to access the proposed accessory building. It is a long driveway with ample space for parking. The apartment has its own means of egress. The apartment will be serviced by private well and septic system. 8. Additional Residential Units shall be established in accordance with the Minimum Distance Separation Formulae. Staff comment: Outstanding. There is a livestock facility located to the south of the subject lands, at 387 Ingram Road. Planning staff have asked the applicants to obtain information on the livestock operation in order for Staff to calculate the required minimum distance separation from the neighbouring livestock operation. 9. Additional Residential Units shall be within the existing housing cluster on any lands designated Agricultural or Rural. Staff comment: Conforms. The proposed detached accessory building was relocated to be closer to the existing single detached dwelling so that it could be accessed via an extension of the existing driveway. 10. The Additional Residential Unit will be permitted only where a property is demonstrated to have an adequate supply of potable water and an appropriate means of sewage disposal in a manner that is acceptable to the Township. Staff comment: Conforms. The property is serviced by private well and private septic system. The owner will be required to obtain a Septic Permit for the new septic system. 11. Generally, Additional Residential Units will only be permitted as-of-right by the Zoning By-law on lots that comply with the minimum lot area and minimum lot frontage requirements of the Zoning By-law. Staff comment: The subject lands comply with the minimum lot frontage and minimum lot area in the Agricultural/Rural (A/RU) Zone. 12. 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 Development Services February 7, 2024 Report No. DS2024-016 Page 10 of 21 Page 142 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... severance policies shall not be used to create a separate lot for Additional Residential Units. Staff comment: Conforms. No severance is proposed. 13. Garden suites are temporary dwellings and are not considered Additional Residential Units under this Plan. Staff comment: Conforms. The applicant is proposing a permanent additional dwelling unit, not a temporary garden suite. 14. As a condition of approval, the Township may require that the Additional Residential Unit be registered in accordance with the provisions of the Municipal Act. Staff comment: Not applicable. The Township does not currently register additional residential units. On the basis of the preceding, Planning Staff are not in a position at this time to conclude whether the application conforms to the 'Greenlands' policies in the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95. According to the Township's Zoning By-law, a detached accessory building is permitted in the A/RU Zone pursuant to Section 5.1. The applicants have requested relief from the Zoning By-law to permit the construction of a detached accessory building with an increased floor area and increased height. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over- development that would detract from the character of the area. 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 permit a height of 8.4 metres (27.6 feet) to permit a two- storey building. A detached accessory building in the Agricultural/Rural zone is permitted to have a maximum floor area of 100.0 square metres (1,076.4 square feet). The applicants are proposing to build a detached accessory building with a total floor area of 258.6 square metres (2,784.0 square feet). The main level is proposed to have an area of 129.3 square metres (1,392.0 square feet) and will be used as a garage and the second floor is proposed to have an area of 129.3 square metres (1,392.0 square feet) and is proposed to be used as an accessory residential unit. The proposed detached accessory building is smaller than the existing single detached dwelling which has a gross Development Services February 7, 2024 Report No. DS2024-016 Page 11 of 21 Page 143 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... floor area of approximately 285.8 square metres (3,076.0 square feet) with a 76.9 square metres (828.0 square feet) attached garage, according to MPAC. The accessory building's smaller size and its location setback from the road will ensure that it will remain secondary to the primary residential use. According to the Township's Zoning By-law, an apartment dwelling unit is permitted in a single detached dwelling in the Agricultural/Rural Zone pursuant to Section 5.4. The owner has requested relief from the Zoning By-law to permit the apartment dwelling unit in the detached accessory building. Considering the changes that have been made to the Planning Act to permit second units in dwellings and in accessory buildings, as well as considering the overall promotion of a range of housing types and affordability found in Provincial policies, the legislative and policy basis for establishing a second unit in an accessory building is well established. Therefore, the focus of Planning Staff's consideration of this application is whether the applicant's proposal is appropriate in this site-specific context. In accordance with Section 5.4 (c), apartment dwelling units are permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The intent of this provision is to ensure that the apartment is secondary to the main dwelling unit and to protect buildings and structures from being constructed too large that would affect the character of the surrounding neighbourhood. When viewing the two components of the accessory building separately, the apartment portion of the building is 129.3 square metres (1,392.0 square feet) which is similar in size to other apartment dwelling units that we have approved in rural areas. The main level garage at 129.3 square metres (1,392.0 square feet) is slightly larger than the maximum permitted floor area for an accessory building in the A/RU Zone, which is 100.0 square metres (1,076.4 square feet), yet it is comparable in size to other detached garages that have been approved in the rural area. Nevertheless, since the occupants will have access to the main level garage, it is included in the total floor area of the apartment. Section 5.37.1 — Minimum Distance Separation I (MDS 1) states that: "Notwithstanding any other provisions of this By-law to the contrary, a residential use to be located upon an existing lot of record greater than 1.0 ha in size will comply with the MDS I calculation" (p. `5-24'). As explained in the previous section, Planning Staff are awaiting information from the applicants regarding the existing livestock facility located across the road, at 387 Ingram Road, in order to calculate the required minimum distance separation from the neighbouring livestock operation. Based on previous comments with regards to conformity with the PPS, Growth Plan, County and Township Official Plan and the outstanding information required to calculate the minimum distance separation, Planning Staff are not in a position at this time to comment on whether the variances conform to the general intent and purpose of the Zoning By-law. Development Services February 7, 2024 Report No. DS2024-016 Page 12 of 21 Page 144 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... Are the variances desirable for the appropriate development of the lot? The detached accessory building is proposed to be located within the significant woodland. Given the comments mentioned in the preceding sections of this report with regards to conformity to the PPS, Growth Plan, County and Township Official Plans and given the outstanding information required to calculate the minimum distance separation from the neighbouring livestock building, Planning Staff are not in a position at this time to comment on whether the requested variances would be considered appropriate and desirable development of the lot. Are the variances minor? As mentioned above, an Environmental Impact Study or Natural Heritage Evaluation is required to assess the impact of the proposed development on the significant woodland; therefore, Planning Staff are not currently in a position to address whether the application is minor in nature. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. 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. At this time, Staff are unable to determine if the proposed development is consistent with the Township's strategic goals. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Development Services February 7, 2024 Report No. DS2024-016 Page 13 of 21 Page 145 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... • Township Infrastructure and Capital Projects - No comments. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan/Detailed Site Plan (Revised) Schedule 4: Elevation Drawings Schedule 5: Floor Plans Schedule 6: County Official Plan — Land Use Schedule 7: Township Official Plan — Natural Heritage Features Conclusion Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2024-A-01 be deferred to provide the applicants with the opportunity to: 1) address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans; and, 2) provide Planning Staff with the required information to complete the Minimum Distance Separation calculation from the neighbouring livestock facility. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, January 31, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services February 1, 2024 Brent Spagnol, RPP, Director, Development Services February 1, 2024 Development Services February 7, 2024 Report No. DS2024-016 Page 14 of 21 Page 146 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... Schedule 1: Location Map ouLis-Rd-F 164 Mount.St.- r 224 151 - onmM vellm qa.W. X 7 o108anw qa 169 99 4560 w,ase qa.w. 4445 410 26 453b I` 360��f 4443 440 502 10 Ingram I 395 l 387 455 Z i 525 35 455 �---� C 4378 4363 4328 4256 4295 LLL4212� Location Q Subject Lands TnwasDipnf Paned Heritage,Exciting Fntm, 0 loom File Number:2024-A-01 Development Services February 7, 2024 Report No. DS2024-016 Page 15 of 21 Page 147 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re- Minor... Schedule 2: Aerial Photo w,9 ry � r -fr n �'F. ; y'' 'ss�'1F •i J J x t. t• ,�, �+ e ray. � � Y> �r w _. � . 4 �� Ingr'am.Rd. z W. AMR Aerial Q Subject Lands Proud Heritage,Exciting Futrnr 0 100 m File Number:2024-A-01 N II�LJI Development Services February 7, 2024 Report No. DS2024-016 Page 16 of 21 Page 148 of 203 6.e) 6-25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re- Minor Schedule 3: Applicant's Site Plan/Detailed Site Plan (Revised) N T, I- !r Site Plan OAaz&� Proud Heritage,Exciting Faturc File Number:2024-A-01 Development Services February 7, 2024 Report No. DS2024-016 Page 17 of 21 Page 149 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re- Minor... Schedule 4: Elevation Drawings Front Elevation: 7-77 7TITA Lek Elevation: t - Rear Elevation: Right Elevation: Elevations Toumuhi ~�� Proud Heritage,Exciting Futurr He Number:2024-A-01 Development Services February 7, 2024 Report No. DS2024-016 Page 18 of 21 Page 150 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re- Minor... Schedule 5: Floor Plans Main Floor: 1 - ------------- �.. .Y.... __ __---_ _______________ Second Floor: s .._.... i Floor Plan ~�! Touwhip of Proud Heritage,Exciting Futurr File Number:2024-A-01 Development Services February 7, 2024 Report No. DS2024-016 Page 19 of 21 Page 151 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re- Minor... Schedule 6: County Official Plan — Land Use Ad County of Simcoe — Land Use ^� ^�=3 Subject Lands �_� County Official Plan Land Use-Lands Under Appeal Points Under Appeal /�//��Tcnwushi/po( Agricultural �` e Greenlands Proud Heritage,Exciting Future _ Rural 0 100 M File Number:2024-A-01 Development Services February 7, 2024 Report No. DS2024-016 Page 20 of 21 Page 152 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... Schedule 7: Township Official Plan — Natural Heritage Features 1 �.Rd.E. �j old 6gr,e Rd."d Ob W.ne RE.E. T Rd t - Ib � Ingram_Rd. ii ti I — Township Official Plan - Natural Heritage, Water Resources and Natural Hazards C*J Subject Lands MNR Un-Evaluated Wetlands Permanent Streams Intermittent Streams ~� Woodlands /QRT�n�—��V�GG�� Treed v� Foam,Hedgerow Pro, Heritage,Exciting Fnlr Plantation 0 300 m File Number:2024-A-01 N J Development Services February 7, 2024 Report No. DS2024-016 Page 21 of 21 Page 153 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re- Minor... � ] e V r ly � ia� E rn c c y L ��r J� 1 L� U � O C6 � co ry O Q Q 1 M O y N E c� co o ca v i N O C) Page 154 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... 0) (D � � w •: O }; a L-- B a O O �` U) L. N U � � U � � E cz U) Q ca �O +� cz 4 � U cz -:3 � � Q = cn cn c4-1 OO c6 00 0 0 0 �E ULO >- L L L V cn C6 cn � cn � CD 00- � 3: Q O Q N � m Mcz 0 c G N cn N O E cz E O cn a) X W +-� U) L U U o G N cn � r r :3 r cn . 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Et 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... 04 - U cn U � � O qko r k N O � O N Pa; 166 of 203 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... `s 04 e E: r x O O r�1 — y U � � O L � o U � � O o t6 � O � W � N N Page 167 of 203 • —"- < iws"Its, _erg • lkv y�r s ' ,� �zl-i rM�'erQ��my.F • i w t' � �us ,�y a � �a '.� • to m • 9 IP • 6.e) 6.25 p.m. DS2024-016, Catherine McCarroll, Senior Planner re: Minor... if E `s L d- E_ \\ Y W M W^, U U) N o 2 e L a) f a S �•> �� U a (9 O Q E: : COL -o a) M (D 0 N O N U (6 C O U) O O a) a) Q U) " M a) •- O i Q-O O 07 a) a) �\ En M-0 L U CD .; - U) O Lf�L - 0 > _0 Q) }�O O a- L E M a) s Q � � 0 m V U) o o' o _0 0 o m a) u, ■ 0 � a O U O 0 � oo a) b � F- cnU) O a) q a) o) �- - o � .� E m 4- L a L) � V � o � � (.0 v O o -0 o a) > U O a) L ■L �� L o c M ca C > (A L Q) a) N D' M C O O -0 = "t -- c: 0 E O Q `0 c � � � U)c � Y C/) M > � Q � Q U CV G� U N � � � �� •- Q N uJ O U E cn U) > ■ ■ (6 C L O C M _0 O U C Q O O O "t L 0 c� 0 C '— � a) c� 0 Q L •t6 � � U 2 CL L I O •� O O >, U E N 4- � +� Emow/ G� O O O L) +-+ LLC LL G � V C � O O U Q O D E c-i ri Page 169 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: February 7, 2024 Report No.: DS2024-019 Subject: Consent Application 2023-B-18 and Zoning By-law Amendment Application 2023-ZBA-16, Peter Langman, 945 Line 12 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2024-019 be received and adopted; 2. That Zoning By-law Amendment Application 2023-ZBA-16 by Peter Langman, specifically to rezone the retained lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 354 (A/RU*354) Zone to prohibit residential uses and to recognize the reduced interior side yard setback of 2.0 metres (6.5 feet) for the existing accessory agricultural building, and to rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Rural Residential Two (RUR2) Zone, on the lands municipally known as 945 Line 12 North, Township of Oro-Medonte, be approved. 3. That the appropriate staff bring forth the By-law for Council's consideration. 4. That Consent Application 2023-B-18 by Peter Langman to permit the creation of a new lot that is surplus to the applicant's consolidated farm operation having a lot frontage of approximately 67.0 metres (219.8 feet), a lot depth of approximately 170.0 metres (557.7 feet) and an area of approximately 1.2 hectares (3.0 acres), be approved, subject to the conditions as outlined in Report No. DS2024-019. Development Services February 7, 2024 Report No. DS2024-019 Page 1 of 22 Page 170 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... 5. The conditions are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of cash in lieu of parkland and compliance with the Ontario Building Code, on either the severed or retained parcel. b) That the retained lands be rezoned to the Agricultural/Rural Exception 354 (A/RU*354) Zone to prohibit residential uses consistent with the Provincial Policy Statement, County and Township Official Plans and to recognize the reduced interior side yard setback for the existing accessory agricultural building. c) That the severed lands be rezoned to the Rural Residential Two (RUR2). d) That the applicant's solicitor provide a written undertaking to the Secretary- Treasurer indicating that the retained lands (farmland) will be kept in the name of the farmer/farming corporation which operates the agricultural operation on the lands. e) That the applicant provide written confirmation to the Township that the cattle have been relocated from the subject property to another barn. f) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. g) That all municipal taxes be paid to the Township of Oro-Medonte. h) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. i) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. j) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. k) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above- noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 6. And that the applicant be advised of the Development Services Committee's decision under the Secretary Treasurer's signature. Development Services February 7, 2024 Report No. DS2023-019 Page 2 of 22 Page 171 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... Background The subject lands are located on the east side of Line 12 North between 15/16 Sideroad East and Old Barrie Road East. The lands occupy a lot area of approximately 37.2 hectares (91.9 acres) according to MPAC records. The lands contain a single detached dwelling, two (2) shipping containers, an agricultural building and several accessory buildings. The majority of the land is under agricultural cultivation. The surrounding land uses predominantly consist of agricultural uses. A Location Map is included as Schedule 1 to this report, an Aerial Photo is included as Schedule 2. Consent Application 2023-B-18 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 (refer to Schedule 3). The details of the proposed consent (severance) are: Lands to be Severed: Lands to be Retained: Frontage: Approx. 67.0 m. 219.8 ft. Approximately 364.0 m. 1,194.2 ft. Depth: 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 Zoning By-law Amendment 2023-ZBA-12 The purpose of the Zoning By-law Amendment application 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. A combined Public Meeting and Public Hearing were held on January 17, 2024 to receive comments from members of the Committee and the public with regards to the severance and associated Zoning By-law Amendment. There were no comments received at the public meeting; however, a number of written comments were received, refer to page 9 of this report. Analysis Provincial Policy Statement (2020) The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas and Section 2.3 - Agriculture are applicable to this application. The subject lands are located in a Prime Agricultural Area. In accordance with Section 2.3.1 of the PPS, prime agricultural areas are to be protected for the long-term use for Development Services February 7, 2024 Report No. DS2023-019 Page 3 of 22 Page 172 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... agriculture. Section 2.3.4 contains policies for lot creation, specifically Section 2.3.4.1 states: "Lot creation in prime agricultural areas is discouraged and may only be permitted for: 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" (p. 27, PPS) The proposed consent is a severance of a residence surplus to a farming operation as a result of a farm consolidation. The perspective owner of the retained lands/farmland (Shelswell Family) owns four (4) additional farm properties in the Township located at: 2310 Ridge Road East; 196 Line 12 South; Roll No. 4346-010-012-01600; and Roll No. 4346-010-012-00750 comprising a total of approximately 123 hectares (304 acres) (refer to Schedule 8). One of the farm properties contains a dwelling located at 2310 Ridge Road East. The perspective owner is proposing to sever the dwelling on the subject farm parcel (945 Line 12 North) on the basis that it is surplus to their farming operation. The west side of Line 12 North contains a Provincially Significant Wetland (Bluffs Creek Wetland) as noted in the Township's Official Plan Schedule C — Natural Heritage, Water Resources & Hazards (refer to Schedule 6). In accordance with Section 2.1.8 of the PPS, development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Adjacent lands is defined as: "lands contiguous to a specific natural heritage feature or area where it is likely that development or site alteration would have a negative impact on the feature or area. The extent of the adjacent lands may be recommended by the Province or based on municipal approaches which achieve the same objectives" (p. 39). Planning Staff are satisfied that the proposed new lot will not have any adverse impact on the wetland as it is located more than 165 metres (541 feet) from the natural heritage feature and separated by Line 12 North. During a site visit of the subject property, livestock were identified on the subject property. According to the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) Minimum Distance Separation (MDS) Document, an MDS I setback is required for a proposed surplus dwelling severance that contains an existing dwelling and an existing livestock facility on the same property. The applicant has indicated that the existing barn is not needed to support the agricultural field on the retained parcel, Development Services February 7, 2024 Report No. DS2023-019 Page 4 of 22 Page 173 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... and that the applicant have other barns in close proximity to shelter their cattle. As such, the severed property will not contain livestock and an MDS I review is not required. Planning Staff are recommending a condition be added to the approval of this application that requires the applicant to provide written confirmation to the Township that the cattle have been relocated from the subject property to another barn. On the basis of the above policies, the proposed Consent to sever a residence surplus to a farming operation and the associated Zoning By-law Amendment to rezone the retained lands to prohibit residential uses is considered to be consistent with the Provincial Policy Statement, by protecting the agricultural lands from any residential development and consolidating it with other farm parcels located in the Township. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. Section 2.2.9.6 states: "New multiple lots or units for residential development will be directed to settlement areas, but may be allowed on rural lands in site-specific locations with approved zoning or designation in an official plan that permitted this type of development as of June 16, 2006." (p. 28). The Growth Plan does not specifically address applications for the severance of surplus farm dwellings as a result of a farm consolidation. As noted previously in this report, the purpose of the Consent Application is to sever a lot containing a residence surplus to a farm operation as a result of farm consolidation. In this regard, it is noted that while the proposed severance would result in the creation of a new lot, the Provincial Policy Statement requires that measures are taken by the Township to "[ensure] that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance" (p.27). According to Schedule C of the Township's Official Plan, the west side of Line 12 North contains a Provincially Significant Wetland. As a result, Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is now also applicable to this application. Specifically, Section 4.2.4.1 of the Growth Plan 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 hydrological feature will require a natural heritage evaluation or hydrological evaluation that identifies a vegetation protection zone, which: a. Is of sufficient width to protect the key natural heritage feature or key hydrological 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 Development Services February 7, 2024 Report No. DS2023-019 Page 5 of 22 Page 174 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... heritage feature or key hydrological feature". (p. 43-44 of A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019). The Province has mapped a Natural Heritage System for the Greater Golden Horseshoe, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. Since the proposed new lot will be located more than 165 metres (541 feet) from the natural heritage feature, Planning Staff are satisfied that an Environmental Impact Study (EIS) is not required and that the proposed development conforms to the natural heritage policies in the Growth Plan. Therefore, on this basis, the proposed severance for the creation of a new lot by way of severance for a residence surplus to a farming operation as a result of farm consolidation and the rezoning to prohibit future residential development is considered to conform to the Growth Plan policies of the Province. County of Simcoe Official Plan The subject lands are designated "Agricultural" 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 3.3.5 states that "Consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation." (p. 19). Section 3.6.7 (c) of the County's Official Plan states that lot creation may be permitted in the Agricultural designation for 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" (p. 38). A "Residence surplus to a farming operation" is defined in the County of Simcoe Official Plan as "an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." (p.150). Development Services February 7, 2024 Report No. DS2023-019 Page 6 of 22 Page 175 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... The consent application is proposing a severed lot size of 1.2 hectares (3.0 acres), which is in general compliance with the County's policy for a residence surplus to a farming operation outlined in Section 3.6.7 of the County's Official Plan. The proposed rezoning application would prohibit any residential development on the retained lands; therefore, protecting a prime agricultural area for long-term agricultural use, which is consistent with the policies of the County Official Plan. The County Planning Department provided comments dated January 10, 2024, see Schedule 10 to this report. County Planning Staff do not object to the proposed consent application in principle however, require that as a condition of consent, the applicant rezone the retained lands to prohibit a residential dwelling in order to conform to SCOP Section 3.6.7 and PPS 2.3.4.1(c). On this basis, Planning Staff are satisfied that the Consent and Zoning By-law Amendment applications conform to the County of Simcoe's Official Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are partially regulated by the Lake Simcoe Region Conservation Authority (LSRCA); however, the lands that are to be severed are not within the regulated area. Planning Staff have reviewed the applications in context to the policies in the LSPP and note that the LSPP does not specifically speak to the severance of surplus farm dwellings. Furthermore, there are no natural heritage features identified on the subject lands. LSRCA has reviewed the applications and have no objections to the proposed applications. Township of Oro-Medonte Official Plan The subject lands are designated "Agricultural" and "Greenlands" in accordance with Schedule "A— Land Use" of the Township's updated Official Plan (OP) (refer to Schedule 5). The severed lands are located within the "Agricultural" designation. Section 2.5.5.2 (c) of the OP states that lot creation may be permitted in the Agricultural designation for 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; and, 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" (p. 54). Since the proposed lot creation involves the severance of a residence surplus to a farming operation as a result of farm consolidation, the proposal is not anticipated to negatively affect the viability of the farm operation taking place on the retained lands. Development Services February 7, 2024 Report No. DS2023-019 Page 7 of 22 Page 176 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... The rezoning of the retained lands to prohibit residential use is consistent with the objectives of the "Agricultural" designation, since it protects the retained parcel for agricultural use only. On the basis of the analysis of the applications in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the applications conform to the policies of the Township's Official Plan. Proposed Zoning By-law Amendment The subject property is currently zoned Agricultural/Rural (A/RU) and Mineral Aggregate Resource Two (MAR2) in the Township's Zoning By-law 97-95, as amended (refer to Schedule 7). The proposed By-law would rezone the retained lands from the A/RU Zone and MAR2 Zone to the Agricultural/Rural Exception 354 (A/RU*354) Zone and Mineral Aggregate Resource Two Exception 354 (MAR2*354), which would permit Agricultural/Rural uses; however, it would prohibit residential uses in keeping with PPS, County and Township policies for surplus farm dwelling severances. Exception 354 would also reduce the interior side yard setback for the accessory building on the retained lands which as a result of being on the retained lands is considered an agricultural building. The minimum interior side yard setback for agricultural buildings is 15 metres (49.2 feet); yet, as a result of the approved severance, the accessory agricultural building will be setback 2.0 metres (6.5 feet) from the interior side lot line. The By-law would also rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Rural Residential Two (RUR2) Zone. Planning Staff recommends the approval of Zoning By-law Amendment 2023-ZBA-16 and that Council enact the draft Zoning By-law attached as Schedule 9 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, 2022 • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Development Services February 7, 2024 Report No. DS2023-019 Page 8 of 22 Page 177 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Staff are of the opinion that the proposed development is consistent with the Township's strategic priority. Consultations Notice of these applications were circulated to the public and to applicable review agencies and Township departments. Public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Building Division — no comments. • Hydro One - no comments or concerns. • Enbridge — no objection • Lake Simcoe Region Conservation Authority— no objection • County of Simcoe: See Schedule 10 Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Consent Sketch Schedule 4: County of Simcoe Official Plan Land Use Schedule 5: Township of Oro-Medonte Official Plan - Land Use Schedule 6: Township's Official Plan - Natural Heritage, Water Resources & Hazards Schedule 7: Existing Zoning Schedule 8: Farm Parcels Held by the Farm Operation Schedule 9: Draft By-law Schedule 10: County of Simcoe comments dated January 10, 2024. Conclusion Planning Staff recommends that Zoning By-law Amendment Application 2023-ZBA-16 be approved, specifically to rezone the lands to the Agricultural/Rural Exception 354 (A/RU*354) and Mineral Aggregate Resourece Two Exception 354 (MAR2*354) Zones and Rural Residential Two (RUR2) Zone, and that Consent Application 2023-B-18 be approved, specifically to permit the creation of a new lot on the lands municipally known as 945 Line 12 North, as the applications conform to and are consistent with applicable Provincial, County and Township land use policies, and represents good planning. Development Services February 7, 2024 Report No. DS2023-019 Page 9 of 22 Page 178 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, January 31, 2024 Approvals: Brent Spagnol, RPP, Director, Development Services, January 31, 2024 Development Services February 7, 2024 Report No. DS2023-019 Page 10 of 22 Page 179 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re- Consen... Schedule 1: Location Map n old Barrie Rd.E. xu. .w old-Barrie- - 2111 _ HonesFoc wlk PJ. sM<YalleY Ptl.W. w m.kene 1211 2103 �976 L-- 938 Tdw.a.w. 1192 1136 z 1121 1139 848 II W J 1104 1279 945 678 896 — 723 681 625 Location _/ Q Subject Lands Tinunsltipo� Proud Heritage,Exciting Ftuure 0 loom File Number.2023-ZBA-16,2023-B-18 Development Services February 7, 2024 Report No. DS2023-019 Page 11 of 22 Page 180 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re- Consen... Schedule 2: Aerial Photo } r t: x z N J t i ' 2L' VIA I,"i ` 1 Y a r �x # Aerial '�V �irruhip ne �L U�U�� Q Subject Lands Proud Heritage,Exciting haw, 0 100 M File Number:2023-ZBA-15&2023-B-18 N Development Services February 7, 2024 Report No. DS2023-019 Page 12 of 22 Page 181 of 203 Ta) DS2024-019' Andy Karaiskakis, Manager, Planning Services re- Consen... Schedule 3: Consent Sketch LANDS TO BE _ RETAINED 8.REZONED TO PROHIBIT LANDS TO BE RESIDENTIAL USES SEVERED �y r a tip' t Consent Sketch Proud Heritage,F.xriting Faturr, File Number:2023-ZBA-16&2023-B-18 Development Services February 7, 2024 Report No. DS2023-019 Page 13 of 22 Page 182 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... Schedule 4: County of Simcoe Official Plan Land Use Z N I^ J County of Simcce — Land Use Townshipqf =3 Subject Lands Agricultural Proud Heritage,Exciting Fuhar Settlements Greenlands 0 100 m File Number:2023-ZBA-16&2023-B-18 N Development Services February 7, 2024 Report No. DS2023-019 Page 14 of 22 Page 183 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... Schedule 5: Township of Oro-Medonte Official Plan - Land Use z • uRe c. 1 Z N IC f :J I I I� Township Adopted Official Plan - Land Use M Subject Lands ID Oro Moraine Boundary 6 Agricultural Greenlands OIT Proud Heritage,Exciting Fwure 0 300 Ill File Number:2023-ZBA-16&2023-B-18 ti I Development Services February 7, 2024 Report No. DS2023-019 Page 15 of 22 Page 184 of 203 7.a) DS2024-019: Andy Karaiskakis, Manager, Planning Services re- Consen... Schedule 6: Township's Official Plan - Natural Heritage, Water Resources & Hazards J ��•pe w Z N C J I r J i Township Official Plan - Natural Heritage, Water Resources and Natural Hazards CJ Subject Lands Surface Water MNR Evaluated Wetlands Permanent Streams �T' ��Q�� Woodlands Proud Heritage,Exciting Future Treed J 0 300 m File Number:2023-ZBA-16 N I I Development Services February 7, 2024 Report No. DS2023-019 Page 16 of 22 Page 185 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... Schedule 7: Existing Zoning �- _J iRS t, Old_ A1J_RU IR A./.RU RUR2—. . EP � Barrie Rd_E. A/RU 1 A/RU N 7 ■ AJRU oe R1 °� K R1 9jPU C EP-23 E . N A/RU117 r EP-230 RUR2 Z AJRU N RUR2 I�C J A/RU — - — — r� j 1 Ec MAR2 EP — AJRU A/RU A/RU(H) Existing Zoning � 's R1(Residential One) r_I Subject Lands ] RUR2(Rural Residential Two) Tim Hs{iip�f IR(Rural Industrial) `f(��,C� 0 AIRU(Agricultural/Rural) 0 Proud Heritage,Exciting Fuuu, - EP{Environmental Protection} _ MAR2(Mineral Agregate Resource Two) zJ 0 360 m File Number.2023-ZBA-16&2023-B-18 I(Institutional) ti 1 i i 1 Development Services February 7, 2024 Report No. DS2023-019 Page 17 of 22 Page 186 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... Schedule 8: Farm Parcels Held by the Farm Operation I z Jz Nf J Xy r-- Z MTF[fl IT W J L-- I I — l i --� i y v J I i (A cf c — J I IT N A. +- C d J; Schedule 8 Farm Parcels Held by the Tr,�tsinp of Owners/Farm Operation (Qt Proud Heritage,Exciting Future Other Owned Parcels Subject Lands 0 lsoo m File Number:2023-B-18 N I i i i i I I Development Services February 7, 2024 Report No. DS2023-019 Page 18 of 22 Page 187 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re- Consen... Schedule 9: Draft By-law The Corporation of the Township Of Oro-Medonte By-Law Ho, 2024-019 A By-law to amend the zoning provisions which apply to lands at 945 Line 12 North, Concession 13, West Part Lot 13 (Oro), Township of Ora-Medonte 2023-2BA-16 (La ngnnan) Whereas the GounciI of the Corporation of the Tovinship of Oro-Medonte is empowered to pass Byaaws to regulate the u.se of land pursuant to Section 34 of the Planning Act, R.S-O-1990,c.P.13; And Whereas Council deems it appropriate to rezonethe subject lands; Now Therefore the Council of the Township of Ora-Medonte hereby enacts as fellows: 1. Schedule'A13`to Zoning Sy-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Concession 13,West Part Lot 13,Geographic Township of Oro,Township of Oro-Medonte, County of Simcoe, from the AgriculturaliRural(AfRU:i Zone and Mineral.Aggregate Resource Two Zone to the AgriculturaliRural Exception 354(AiRU*354)Zone, Mineral Aggregate Resource Two Exception 354 SIN.4LR2'354)Zone and Rural Residential Two (RUR2) Zane; as shown on Schedule"A"attached and forming part of this Bylaw. 2. Section 7— Exception of Zoning By-law 97-95, as amended, is hereby further amended by adding the following subsections: 7.35413:54 Concession 13 West Park Lot 13(Oro),Township of Oro- Medonte(Langman) Notwithstanding"Table A4—Agricultural/Rural Zane Permitted Uses`, a single detached dweiVing is not permitted on the lands denoted by the symbol *354 on the schedule to this Byaaw;and, Notwithstanding"Table B4(Q—Provisions for Buildings',the minimum sethack from the interior side lot fine to the a sting agricu.1furel budding is 2.0 metres(G.5 feel)on the Lands denoted by the symbol r354 on the schedule to this By-law.' 3. Schedule`A"attached to By-law No.2024-019 is declared to form a part of this By- law- 4. This By-lava shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended By-Law read a First, Second and Third Time,and Passed this 7'e'Day of February, 2024. The Corporation of the Township Of Oro-Medonte Mayor, Randy Greenlaw Deputy Clerk,Janette Teeter Development Services February 7, 2024 Report No. DS2023-019 Page 19 of 22 Page 188 of 203 Ta) DS2024-019' Andy Karaiskakis, Manager, Planning Services re: Consen... Schedule 'A' To By-Law No, 2024-019 The Corporation of the Tovrnship of Oro-Medonte z N 4 ® Lands Retuned From the Agricultural Rural(A/RU)Zone to the Rural Residential Two(RUR2►Zone ® Lands Rezoned From the Agricultural Rural(AIRU)Zone and Mineral Aggregate Resource Two(MAR2)Zone to the Agricultural/Rural Exception 354(A1RU'354)Zone and the Mineral Aggregate Resource Two Exception 354 (MAR2'354)Zone This is Schedule'A'to By-Law 2024-019 passed the 71"day of February,2024.1 The Corporation of the Township of Oro-Medonte Mayor, Randy Greenlav: Deputy Clerk. Janette Teeter (Application 2023-ZBA-16'i Development Services February 7, 2024 Report No. DS2023-019 Page 20 of 22 Page 189 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... Schedule 10: County of Simcoe comments dated January 10, 2024 - County of Slmcoe Main Line(705)726.9300 (0tt Planning Department Toll Free{860)893-9300 J SIMCOEA 110 H ghvray 26. Fax 1705)727-4276 PLANNING f fs� Midhurst.Ontario L9X 1W slmcoe.ca January 10, 2024 ***VIA EMAIL* Andy Karaiskakis Secretary—Treasurer, Committee of Adjustment Township of Oro-Medonte '148 Line 7 South Oro-Medonte, ON LOL 2E0 RE: Circulation — Consent Application 2023-B-18 & ZBA Application 2023-ZBA-16 Subject Lands: 945 Line 12 North County File: OM-B-23017 Thank you for circulating the County of Simcoe for comments with respect to the above noted applications. County Planning staff understand the applicant is proposing the creation of one new residential lot from the subject lands. The newly created lot will be approximately 1.2 ha (3.0 ac) and -.vould have a frontage of approximately 67 m onto Line '12 North. The retained parcel will be approximately 35 ha (86.4 ac)with a frontage of approximately 364 m onto Line 12 North. The purpose of the proposed severance is to sever a residence surplus to a consolidated farming operation. The proposed Zoning By-la.,a, Amendment has been submitted in conjunction with the consent to rezone the lands from Agricultural/Rural (AIRU)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. Provincial Policy Statement (PPS) 2020 Section 2.3.4.1 c)of the PPS explains that the severance of a residence surplus to a farming operation as a result of a farm consolidation may be permitted within prime agricultural areas subject to the existing dwelling being habitable and provided that the following criteria are met: i. The new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services: and, ii. 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 d-.vellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective. Development Services February 7, 2024 Report No. DS2023-019 Page 21 of 22 Page 190 of 203 Ta) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consen... Section 2.3.4.3 of the PPS further states that the creation of new residential lots in prime agricultural areas shall not be permitted, except in accordance with the above noted policy (2.3.4.1 c)) County of Simcoe Official Plan (SCOP) The majority of the subject lands are designated Agricultural with smaller portions designated Greenlands on Schedule 5.1 — Land Use Designations to the County of Simcoe Official Plan. The area of the proposed new lot is designated Agricultural. The subject lands are within the Lake Simcoe Protection Act Boundary, and are partially regulated by the Lake Simcoe Regional Conservation Authority (LSRCA), therefore the LSRCA should be consulted regarding their regulated lands. Section 3.6 of the SCOP identifies that the objectives of the Agricultural designation include enabling the agricultural industry to function effectively in prime agricultural areas by minimizing conflicting uses while accommodating facilities which support the agricultural economy and ensuring the availability and sustainability of prime agricultural areas for long- term agricultural use. Section 3.6.7 c)of the SCOP explains that a residence surplus to a farming operation as a result of farm consolidation may be permitted provided that the following criteria are met: 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. If the Township and Committee are satisfied that the consent is for a residence surplus to a farming operation, then the County would have no objection to the proposed consent. As such, the County is supportive of the proposed zoning by-law amendment to prohibit residential use on the retained lands as it is necessary for the related consent approval to comply with Provincial and County Policy for a surplus farm dwelling severance. Please circulate future updates or notices with respect to this application to the attention of the County of Simcoe Planning Department via planninQ_noticesa-simcoe.ca. If you have any questions or require further information, please do not hesitate to contact the undersigned. Sincerely, The Corporation of the County of Simcoe Elizabeth Davis Planner II P: 705-726-9300 ext. 1137 E: elizabeth davis(d-)simcoe_ca cc. Dan Amadio, Planning Manager— County of Simcoe Development Services February 7, 2024 Report No. DS2023-019 Page 22 of 22 Page 191 of 203 7.b) DS2024-007: Andy Karaiskakis, Manager, Planning Services re: Consen... �4 (W Toumship of &10(40� 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: Consent 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 192 of 203 7.b) DS2024-007: Andy Karaiskakis, Manager, Planning Services re: Consen... 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 193 of 203 7.b) DS2024-007: Andy Karaiskakis, Manager, Planning Services re: Consen... 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 194 of 203 7.b) DS2024-007: Andy Karaiskakis, Manager, Planning Services re: Consen... 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 195 of 203 7.b) DS2024-007: Andy Karaiskakis, Manager, Planning Services re: Consen... 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 196 of 203 7.b) DS2024-007: Andy Karaiskakis, Manager, Planning Services re: Consen... 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 197 of 203 7.b) DS2024-007: Andy Karaiskakis, Manager, Planning Services re: Consen... Schedule 1: Location Map Rd W I dw.v..Rgd.w. �Otl B.r�eq I qd game Rd.E. iO O 0.td•apE O RidY RdW. � 23; Vasey Rd. ` 5419 6414 6580 6331 Z 6501 nj 6362 Z �c �C J J 1507 6365 6229 Location !��.� 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 198 of 203 7.b) DS2024-007- Andy Karaiskakis, Manager, Planning Services re- Consen... Schedule 2: Aerial Photo ounhw Vallw 0.d,T- 0 7 V. *� Vasey-Rd. ,a.iL''' ..r►a�lva+,. w'..�,,.i kY ,' � ,•v � ��w � �.gai t�Z Y� � Z " +y..�^„ .•te., J�ko - �cl�: •s ;91�1t4.o'1�.: '-. y ♦ c, �f v JL . 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 199 of 203 7.b) DS2024-007: Andy Karaiskakis, Manager, Planning Services re: Consen... 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 200 of 203 7.b) DS2024-007: Andy Karaiskakis, Manager, Planning Services re: Consen... 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 201 of 203 7.b) DS2024-007: Andy Karaiskakis, Manager, Planning Services re: Consen... 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 202 of 203 7.b) DS2024-007- Andy Karaiskakis, Manager, Planning Services re- Consen... Schedule 6: Existing Zoning 7tone Rd.)174: 'I __ sysM1oe talky Rd 1. uN»Wlky Rd,W, Old Ba de Rd.W I,Nu Old Barrle Rd.E_ I� IO {L R1d,e 0 lO Wsev.V 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 Futln'e 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 203 of 203