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05 04 2022 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Township of Proud Heritage, Exciting Future Wednesday, May 4, 2022 5:30 p.m. Effective Monday, March 28, 2022, all Township facilities are open to the Public for Customer Service (all meetings to remain virtual) with safety measures in place including social distancing and discretionary masks/face coverings. Residents and business owners are encouraged to continue to utilize online and telephone services for Township related business; and staff continue to be available to provide assistance by telephone or email. Input on agenda items are welcome and encouraged. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings during a declared emergency. Protocols have been established to advise how to participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Open Forum or IDS Committee 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. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. Opening of Meeting: Page 1 of 589 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 5 - 21 a) Minutes of Development Services Committee meeting held on Wednesday, April 6, 2022. 5. Public Meetings: 22 - 38 a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendments to the Official Plan and Zoning By-law of the Township of Oro-Medonte, municipally known as 5071 Highway 11 North and described as East Part of Lot 16, Concession 14 (Oro) , Parts 1 and 2 on 51 R-30258, Township of Oro- Medonte, County of Simcoe; 2022-OPA-01 & 2022-ZBA-03 (2041063 Ontario Ltd.). 39 - 74 b) 5:45 p.m. Notice of Receipt of Complete Applications; Notice of Particulars and Public Access; Notice of Public Meeting for a Proposed Draft Plan of Subdivision and Amendment to the Zoning By-law of the Township of Oro- Medonte, Concession 3 South Part Lot 27 Part Lot 28 Reference Plan 51 R19629 Parts 1 to 4 (Oro), 2022-SUB-01 & 2022-ZBA-04 (Shanty Bay Estates Ltd.). 6. Public Hearings: 75 - 106 a) 6:00 p.m. DS2022-070, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-18, Paul Barker & Diane Fletcher, 29 Moon Point Drive. 107 - 149 b) 6:10 p.m. DS2022-068, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-19, HSV Limited Partnership, 1101 Horseshoe Valley Road West, West, Part of Lot 1 , Concession 4 (Oro) Township of Oro- Medonte. 150 - 169 c) 6:20 p.m. DS2022-051 , Danielle Waters, Planner re: Minor Variance Application 2022-A-20, Andrew Doge, 9638 Highway 12. 170 - 200 d) 6:30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Application 2022- A-21 , Angela Fleming, Concession 6, South Part Lots 19 and 20 (Medonte); and DS2022-53, Danielle Waters, Planner re: Consent Application 2022-B- 12, Angela Fleming, 5675 Line 5 North. Page 2 of 589 201 - 220 e) 6:40 p.m. DS2022-054, Danielle Waters, Planner re: Minor Variance Application 2022-A-22, Hayden Whitmore, 2055 Warminster Sideroad. 221 - 249 f) 6:50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-13 and Minor Variance Application 2022-A-23 by Paula Beech & Brian Beatty, Concession 4 Part Lot 1 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro). 250 - 282 g) 7:00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-24, Jeff McHardy, 20 Owen Road. 283 - 301 h) 7:10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-25, Dawn and Wayne Gorecki, 4 Pods Lane. 302 - 334 i) 7:20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Development Services re: Consent Application 2022-B-18 & Minor Variance 2022-A-26 Stephen Moro & 2618636 Ontario Ltd., Concession 3 S Part Lot 28, Reference Plan 51 R-2511 Parts 1 and 2 (Oro) 1244 & 1250 Line 3 South. 335 - 371 j) 7:40 p.m. DS2022-072, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-27, Jamie Kennedy, 1015 Peter Street West. 372 - 399 k) 7:50 p.m. DS2022-073, Michael Barton, Township Planning Consultant re: Minior Variance Application 2022-A-28, Tomi & Piia Alatalo, 31 Bay Street. 400 - 425 1) 8:00 p.m. DS2022-060, Catherine McCarroll re: Minor Variance Application 2022-A-29, Manuela Filoso, 1563 15/16 Sideroad East. 426 - 445 m) 8:10 p.m. DS2022-055, Danielle Waters, Planner re: Consent Application 2022-B-10, Victor Parsons, 342 Tudhope Blvd. 446 - 477 n) 8:20 p.m. DS2022-074, Michael Barton, Township Planning Consultant re: Consent Application 2022-B-11, Mary Lynn Weinert, 41 Cahiague Road. 478 - 499 o) 8:30 p.m. DS2022-063, Andy Karaiskakis, Senior Planner re: Consent Application 2022-B-14 by David Beard, Lauren Baker & Deanna Davignon, 872 Horseshoe Valley Road East. 500 - 527 p) 8:40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-15, Susan Jesson & John Besse, 153 Rail Trail Drive. 528 - 561 q) 8:50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Development Services re: Consent Application 2022-B-16 by Sunbird Developments Limited, Concession 5 West Part Lot 26 (Oro). 7. Reports of Municipal Officers: 562 - 571 a) DS2022-056, Danielle Waters, Planner re: Minor Variance Application 2021- A-73, Derek Surerus, 32 Broadview Avenue. Page 3 of 589 572 - 576 b) DS2022-065, Andria Leigh, Deputy CAO/Director, Development Services re: Deeming By-law Application 2022-D-01, Alfonso Guarino and Daniele Guarino, 34 Goss Road and Adjacent Plan 993 Lots 22 and 23 (1109 Woodland Drive) [Refer to Item 5b) 05 04 2022 Council Agenda]. 577 - 582 c) DS2022-64, Danielle Waters, Planner re: Request for Temporary 2nd Dwelling at 551 Penetanguishene Road by David Burgess and Marites Calacala [Refer to Item 5a) 05 04 2022 Council Agenda]. 583 - 589 d) DS2022-069, Derek Witlib, Manager, Planning Services re: Zoning By-law Amendment Application 2022-ZBA-09 by 2353970 Ontario Inc., 81 Moonstone Road East [Refer to Item 5c) 05 04 2022 Council Agenda]. 8. Next Meeting Date: Wednesday, June 1, 2022. 9. Adjournment: a) Motion to Adjourn. Page 4 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte (w Development Services Committee Minutes Township of tPi Electronic Meeting Proud Heritage,Exciting Future Wednesday, April 6, 2022 5:30 p.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Regrets: Councillor Ian Veitch Councillor Tammy DeSousa Staff Present: Derek Witlib, Manager, Planning Services; Catherine McCarroll, Intermediate Planner; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: jnlhh', it Deputy Mayor Hough assumed the Chair at the above-noted time and called the meeting to order. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC220406-1 IF Moved by Scott, Seconded by Hughes It is recommended that the agenda for the Development Services Committee meeting of Wednesday April 6, 2022 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. Page 1 of 17 Page 5 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, March 2, 2022. Motion No. DSC220406-2 Moved by Keane, Seconded by Greenlaw It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, March 2, 2022 be received and approved as printed and circulated. Carried. 5. Public Meetings: a) Notice of Receipt of Complete Applications, Notice of Particulars and Public Access, Notice of Public Meeting for a Proposed Draft Plan of Subdivision and Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 14 North Part Lot 5 (Medonte), municipally known as 9647 Highway 12, 2021-SUB-02 & 2021- ZBA-15 (12 West South Inc.).'Vqq� 'Nib, Deputy Mayor Hough 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 12 West South Inc. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 15, 2022; Township of Oro-Medonte, Manager, Development Engineering dated March 15, 2022; Township of Oro-Medonte, Operations Division dated March 15, 2022; Township of Oro-Medonte, Environmental Services dated March 17, 2022; Huron-Wendat Nation dated March 18, 2022; Severn Sound Environmental Association dated March 17, 2022; Simcoe County District School Board dated March 23, 2022; Dave Burgess dated March 27, 2022; Hydro One Networks Inc. dated March 28, 2022; Simcoe County, Planning Department dated April 1 , 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Francesco Fiorani; and Claudio Brutto, on behalf of the applicant, were present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the meeting adjourned. Page 2 of 17 Page 6 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. b) Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 14, East Part Lot 4, 51 R15676; Part 1 , municipally known as 3516 Town Line, 2022-ZBA-06 (Jeff Sharp) [Refer to Item 7a) and Items 5a) and 5b) 04 06 2022 Council Agenda]. Deputy Mayor Hough 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 Jeff Sharp. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 15, 2022; Township of Oro-Medonte, Operations Division dated March 16, 2022; Township of Oro-Medonte, Building Division dated March 17, 2022; Enbridge Gas Inc. dated March 24, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented' Jeff Sharp, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the meeting adjourned. Page 3 of 17 Page 7 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. 6. Public Hearings: a) DS2022-48, Michael Barton, Township Planning Consultant re: Minor Variance 2022-A-09, Yuling Meng, 1021 Lakeshore Road East (to be distributed). Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Yuling Meng. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 17, 2022; Township of Oro-Medonte, Operations Division dated March 17, 2022; Ray Lalande dated March 21, 2022; Lake Simcoe Region Conservation Authority dated March 22, 2022; Township of Oro- Medonte, Building Division dated March 23, 2022; Bernie Schaefers dated March 28, 2022; Cathy Hunter, on behalf of the applicant, Yuling Meng dated March 25 and 30, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Catherine Hu, on behalf of the applicant, was present. Yuling Meng, applicant, was present. N I"q� Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-3 Moved by Hughes, Seconded by Scott It is recommended 1 . That DS2022-48, Michael Barton, Township Planning Consultant re: Minor Variance 2022-A-09, Yuling Meng, 1021 Lakeshore Road East be received and adopted. 2. That the Development Services Committee defer Minor Variance Application 2022- A-09 by Yuling Meng, specifically for permission to build a boathouse 0.33 metres from the easterly interior side yard of the subject property (2.0 metres required). The purpose of this deferral would be to allow the Applicant to demonstrate that the use of the proposed boathouse complies with the Zoning By-Law regulations and permissions for accessory buildings and structures, specifically boathouses. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 17 Page 8 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. b) DS2022-039, Danielle Waters, Planner re: Minor Variance Application 2022-A-10, Kaari & Edmund Piotrowski, 719 Line 2 South. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 14, 2022; Township of Oro-Medonte, Operations Division dated March 14, 2022; Township of Oro-Medonte, Building Division dated March 15, 2022; Nottawasaga Valley Conservation Authority dated March 24, 2022. Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Kaari & Edmund Piotrowski. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Kaari Piotrowski, applicant, was present. 'V Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-4 Moved by Greenlaw, Seconded by Keane "Www It is recommended 1 . That DS2022-039, Danielle Waters, Planner re: Minor Variance Application 2022-A- 10, Kaari & Edmund Piotrowski, 719 Line 2 South be received and adopted. 2. That Minor Variance Application 2022-A-10 by Kaari and Edmund Piotrowski specifically to permit the construction of an agricultural building within the Environmental Protection Zone, on lands municipally known as 719 Line 2 South, be approved, subject to the conditions as outlined in DS2022-039. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 17 Page 9 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. c) DS2022-049, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-11, Krista Bradley & Ted Landray, 72 William Street (to be distributed). Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Krista Bradley & Ted Landray. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 17, 2022; Township of Oro-Medonte, Manager, Development Engineering dated March 17, 2022; Township of Oro-Medonte, Operations Division dated March 17, 2022; Krista Bradley, applicant, received April 6, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Krista Bradley, applicant, was present. 1% Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. it `q� qw% There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-5 Moved by Keane, Seconded by Greenlaw It is recommended 1 . That DS2022-049, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-11, Krista Bradley & Ted Landray, 72 William Street be received and adopted. 2. That Minor Variance Application 2022-A-11 by Krista Bradley & Ted Landray, specifically for permission to build a detached structure in the rear yard with a maximum floor area of 111.48 m2 (70 m2 permitted) be approved subject to the conditions as outlined in DS2022-049. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 17 Page 10 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. d) DS2022-040, Danielle Waters, Planner re: Minor Variance Application 2022-A-12, Jared & Jennifer-Lynne Johnson, 848 15/16 Sideroad West. Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jared & Jennifer-Lynne Johnson. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 14, 2022; Township of Oro-Medonte, Operations Division dated March 14, 2022; Township of Oro-Medonte, Building Division dated March 15, 2022. Aff Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Jared Johnson, applicant, was present. 4r Nk� Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-6 Moved by Hughes, Seconded by Scott ­',O%hh. It is recommended ft- INW hvh : 1. That DS2022-040, Danielle Waters, Planner re: Minor Variance Application 2022-A- 12, Jared & Jennifer-Lynne Johnson, 848 15/16 Sideroad West be received and adopted. 2. That Minor Variance Application 2022-A-12 by Jared & Jennifer-Lynne Johnson specifically to permit the construction of a detached accessory building with an increased height to 6.1 metres (20.0 feet) and increased floor area to 156.0 square metres (1 ,680.0 square feet) on lands municipally known as 848 15/16 Sideroad West, be approved, subject to the conditions as outlined in DS2022-040. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 17 Page 11 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. e) DS2022-041, Danielle Waters, Planner re: Minor Variance Application 2022-A-13, Larry & Robina Trottier, 101 O'Brien Street. Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Larry & Robina Trottier. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 15, 2022; Township of Oro-Medonte, Manager, Development Engineering dated March 15, 2022; Township of Oro-Medonte, Operations Division dated March 15 and 21, 2022; Lake Simcoe Region Conservation Authority dated March 22, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Larry Trottier, applicant, was present. N6, Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-7 Moved by Greenlaw, Seconded by Keane It is recommended 1 . That DS2022-041, Danielle Waters, Planner re: Minor Variance Application 2022-A- 13, Larry & Robina Trottier, 101 O'Brien Street be received and adopted. 2. That Minor Variance Application 2022-A-13 by Larry and Robina Trottier specifically to permit the construction of a single detached dwelling addition with a reduced front yard setback to 3.3 metres (10.8 feet) on lands municipally known as 101 O'Brien Street, be approved, subject to the conditions as outlined in DS2022-041. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 17 Page 12 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. f) DS2022-042, Danielle Waters, Planner re- Minor Variance Application 2022-A-14, Martha Lowry & Alastair Whitehead, 1151 Warminster Sideroad. Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Martha Lowry & Alastair Whitehead. The following correspondence was received- Township of Oro-Medonte, Manager, Development Engineering dated March 14, 2022; Township of Oro-Medonte, Building Division dated March 15, 2022; Nottawasaga Valley Conservation Authority dated March 24, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Martha Lowry and Alastair Whitehead, applicants, were present. A PowerPoint presentation was presented. NEL limp Staff confirmed that no additional public registrations were received. b, Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-8 NiNk-A Moved by Scott, Seconded by Hughes' It is recommended 'NL 1. That DS2022-042, Danielle Waters, Planner re- Minor Variance Application 2022-A- 14, Martha Lowry & Alastair Whitehead, 1151 Warminster Sideroad be received and adopted. 2. That Minor Variance Application 2022-A-14 by Martha Lowry and Alastair Whitehead specifically to permit the construction agricultural buildings for a Farm Produce Sales Outlet consisting of- 1) a premises with a maximum floor area of 10 square metres (108 square feet), where cider produced on the same lot is sold; and 2) a premises with a maximum floor area of 111 .5 square metres (1,200 square feet) for the production of cider from apples grown on the same lot and may also include apples grown on other farms, on lands municipally known as 1151 Warminster Sideroad, be approved, subject to the conditions as outlined in DS2022-042. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 17 Page 13 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. g) DS2022-050, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-15, Ann Marie Baczynsky, 17 Simcoe Avenue (to be distributed). Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Ann Marie Baczynsky. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 17, 2022; Township of Oro-Medonte, Manager, Development Engineering dated March 17, 2022; Township of Oro-Medonte, Operations Division dated March 17, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Matt Reid, on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-9 Moved by Keane, Seconded by Scott It is recommended dlb� % A*N% 1. That DS2022-050, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-15, Ann Marie Baczynsky, 17 Simcoe Avenue be received and adopted. 2. That Minor Variance Application 2022-A-15 by Ann Marie Baczynsky, specifically for permission to build a rear addition to the existing dwelling with a minimum interior side yard less than 3.0 metres (1.48 metres proposed) be approved subject to the conditions as outlined in DS2022-050. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 17 Page 14 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. h) DS2022-37, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-16, Peter and Crystal Rosewell, 433 15/16 Sideroad West. Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Peter and Crystal Rosewell. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 14, 2022; Township of Oro-Medonte, Operations Division dated March 14, 2022; Township of Oro-Medonte, Building Division dated March 15, 2022; Nottawasaga Valley Conservation Authority dated March 24, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Peter Rosewell, applicant, was present. AM, '4466 Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-10 Moved by Scott, Seconded by Keane It is recommended 1. That DS2022-37, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-16, Peter and Crystal Rosewell, 433 15/16 Sideroad West be received. 2. That Minor Variance Application 2022-A-16 by Peter and Crystal Rosewell, specifically for permission to construct a new detached accessory building (garage) in the front yard, approximately 15.14 metres (49.7 feet) from the front lot line, with a floor area of 75.2 square metres (810.0 square feet) in the Environmental Protection Zone, on lands municipally known as 433 15/16 Sideroad West, be approved subject to the following conditions. 3. The conditions are as follows: a) That notwithstanding Table A5, Section 5.18, Section 5.27, Section 5.1.3 (a) and Section 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicants satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's Minor Variance decision becomes final and binding. 4. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Unanimously Carried. Page 11 of 17 Page 15 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. i) DS2022-038, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-17 by Craighurst GP Inc., Concession 1, West Part Lot 41 (Medonte). Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Craighurst GP Inc. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 15, 2022; Township of Oro-Medonte, Operations Division dated March 15, 2022; Township of Oro-Medonte, Environmental Services dated March 17, 2022; Nottawasaga Valley Conservation Authority dated March 24, 2022; Township of Oro-Medonte, Building Division dated March 24, 2022; County of Simcoe, Transportation and Engineering dated March 28, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Jay Beech, on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. 1 Staff confirmed that no additional correspondence from the public was received during this meeting. Affiffilr �, Ift 06, — There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-11 Moved by Greenlaw, Seconded by Hughes It is recommended 1% 1. That DS2022-038, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-17 by Craighurst GP Inc., Concession 1, West Part Lot 41 (Medonte) be received and adopted. 2. That Minor Variance Application 2022-A-17 by Craighurst GP Inc. be approved to permit the construction of a maximum of two (2) model homes and one (1) sales office, on lands known as Concession 1 , West Part Lot 41 (Medonte), Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-038. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Unanimously Carried. Page 12 of 17 Page 16 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. j) DS2022-36, Catherine McCarroll, Intermediate Planner re: Consent Applications 2022-B-06 and 2022-B-09 by Joanne & Gilbert Dobson 43 Stage Coach Road & Concession 12 Part Lot 16 Reference Plan 51 R23210 Part 3 (Medonte). Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Joanne & Gilbert Dobson. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 17, 2022; Township of Oro-Medonte, Operations Division dated March 17, 2022; Nottawasaga Valley Conservation Authority dated March 24, 2022; Barbara Foster dated March 31, 2022; County of Simcoe, Planning Department dated March 31 , 2022; Murray Boyce dated April 5, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Jonathan Pauk, MHBC Planning, on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. Ilk lqlsshh There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-12 Moved by Scott, Seconded by Keane It is recommended 1. That DS2022-36, Catherine McCarroll, Intermediate Planner re: Consent Applications 2022-B-06 and 2022-B-09 by Joanne & Gilbert Dobson 43 Stage Coach Road & Concession 12 Part Lot 16 Reference Plan 51 R23210 Part 3 (Medonte) be received and adopted. 2. That Consent Application 2022-B-06 by Joanne & Gilbert Dobson, to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), an irregular lot depth and an area of approximately 0.16 hectares (0.4 acres) to be added to the property located at Concession 12 Part Lot 16 Reference Plan 51 R23210 Part 3 (Medonte), be approved subject to the conditions as outlined in DS2022-036. 3. That Consent Application 2022-B-09 by Gilbert Dobson, to permit a boundary adjustment having a lot frontage of approximately 60.0 metres (196.9 feet), an irregular lot depth and an area of approximately 0.04 hectares (0.1 acres) to be added to the property located at 43 Stage Coach Road, be approved subject to the conditions as outlined in DS2022-036. 4. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Unanimously Carried. Page 13 of 17 Page 17 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. k) DS2022-45, Derek Witlib, Manager, Planning Services re: Consent Application 2022-B-07, Shaun and Jennifer Perry, 131 Rail Trail Drive. Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Shaun and Jennifer Perry. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 16, 2022; Township of Oro-Medonte, Operations Division dated March 16, 2022; Township of Oro-Medonte, Building Division dated March 17, 2022; Douglas Fischer dated March 21, 2022; Lake Simcoe Region Conservation Authority dated March 21 , 2022; Shelley Mason dated March 22, 2022; County of Simcoe, Planning Department dated March 24, 2022; Bell Canada dated March 25, 2022; Ron Kajiura dated April 3, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Jennifer Perry, applicant, was present. 161101b" '1W Staff confirmed that no additional public registrations were received. 1 Staff confirmed that no additional correspondence from the public was received during this meeting. Affiffilr �, Ift kh — There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-13 Moved by Keane, Seconded by Hughes %O It is recommended 1% M%& 1. That DS2022-45, Derek Witlib, Manager, Planning Services re: Consent Application 2022-B-07, Shaun and Jennifer Perry, 131 Rail Trail Drive be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2022-B-07 to permit the creation of a new lot consisting of a severed parcel having an area of approximately 0.35 ha (0.85 ac.) and a frontage of approximately 61 m (200 ft.) and a retained parcel consisting of a lot area of approximately 0.35 ha (0.85 ac.) and a frontage of approximately 57 m (186 ft.), subject to the conditions outlined in DS2022-045. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary Treasurer's signature. Carried. Page 14 of 17 Page 18 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. 1) DS2022-46, Derek Witlib, Manager, Planning Services re: Consent Application 2022-B-08, Luke Sternberg and Alison Mitchell), 10 Springhome Road. Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Luke Sternberg and Alison Mitchell. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 16, 2022; Township of Oro-Medonte, Operations Division dated March 16, 2022; Township of Oro-Medonte, Building Division dated March 17, 2022; Bell Canada dated March 21, 2022; Douglas Fischer dated March 21, 2022; Lake Simcoe Region Conservation Authority dated March 21 , 2022; Shelley Mason dated March 22, 2022; County of Simcoe, Planning Department dated March 24, 2022; Ron Kajiura dated April 3, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Luke Sternberg, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-14 Moved by Scott, Seconded by Gree aw It is recommended 1. That DS2022-46, Derek Witlib, Manager, Planning Services re: Consent Application 2022-B-08, Luke Sternberg and Alison Mitchell), 10 Springhome Road be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2022-B-08 to permit the creation of a new lot consisting of a severed parcel having an area of approximately 0.35 ha (0.85 ac.) and a frontage of approximately 61 m (200 ft.) and a retained parcel consisting of a lot area of approximately 0.35 ha (0.85 ac.) and a frontage of approximately 57 m (186 ft.), subject to the conditions outlined in DS2022- 046. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary Treasurer's signature. Carried. Page 15 of 17 Page 19 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. m) DS2022-047, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-08, William Wheeler, 3657 Line 7 North. Deputy Mayor Hough called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by William Wheeler. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 17, 2022; Township of Oro-Medonte, Operations Division dated March 18, 2022; Township of Oro-Medonte, Building Division dated March 23, 2022; Nottawasaga Valley Conservation Authority dated March 24, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. William Wheeler, applicant, was present. 'V Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220406-15 Moved by Greenlaw, Seconded by Hughes It is recommended 1 . That DS2022-047, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-08, William Wheeler, 3657 Line 7 North be received and adopted. 2. That Application 2022-A-08 by William Wheeler, specifically for relief under Section 45(2)(a)(i) of the Planning Act from Table A5 (Permitted Uses — EP Zone) and Section 5.18 of Zoning By-Law 97-95 to construct a covered porch and replace an existing storage structure attached to an existing dwelling located in an Environmental Protection (EP) Zone, be approved subject to the conditions as outlined in DS2022-047. 3. That the Applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 16 of 17 Page 20 of 589 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 6, 2022. 7. Reports of Municipal Officers: a) DS2022-043, Danielle Waters, Planner re: 2022-ZBA-06 Jeffrey and Marianne Sharp Temporary Use By-law Garden Suite (Granny Flat) 3516 Town Line [Refer to Items 5a) and 5b) 04 06 2022 Council Agenda]. Motion No. DSC220406-16 Moved by Hughes, Seconded by Keane It is recommended 1 . That DS2022-043, Danielle Waters, Planner re: Jeffrey and Marianne Sharp Temporary Use By-law Garden Suite (Granny Flat), 3516 Town Line be received and adopted. 2. That Zoning By-law Amendment Application 2022-ZBA-06 and Temporary Use By- law 2022-031 by Jeffrey and Marianne Sharp, specifically to permit a Garden Suite for the lands known as 3516 Town Line for a period of twenty (20) years, be approved. 3. That the appropriate draft by-laws to adopt a Temporary Use By-law and to execute an agreement for the lands known as 3516 Town Line, Township of Oro-Medonte, for the purposes of a Garden Suite for a period of twenty (20) years be brought forward for Council's consideration. 4. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. 8. Next Meeting Date: " Wednesday, May 4, 2022. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC220406-17 Moved by Hughes, Seconded by Scott It is recommended that we do now adjourn at 9.05 p.m. Carried. An audio file is available through the Township's website. Deputy Mayor Ralph Hough, Chair Derek Witlib, Manager, Planning Services Page 17 of 17 Page 21 of 589 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 Proposed Amendments to the Official Plan and Zoning By-law of the Township of Oro-Medonte 2022-OPA-01 &2022-ZBA-03 (2041063 Ontario Ltd.) Due to the evolving public heath situation (COVID-19), the Township will Iivestream the Public Meeting over the internet for public viewing and participation. 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 applications to amend the Official Plan and Zoning By-law to be"Complete" Applications pursuant to the Planning Act on the 29th day of March, 2022. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a Public Meeting on May 4, 2022 at 5:30 p.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendments to the Official Plan and Zoning By-law. The subject lands are municipally known as 5071 Highway 11 North and are described as East Part of Lot 16, Concession 14 (Oro) , Parts 1 and 2 on 51R-30258, Township of Oro-Medonte, County of Simcoe. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be redesignated and rezoned are included with this notice. The purpose and effect of the proposed amendment to the Township of Oro- Medonte Official Plan is to retain the developed portion of the subject lands within the Agricultural designation, while establishing a site-specific exemption under Section C.1.4 (Agricultural—Exceptions) of the Township's Official Plan. The effect of this application is recognizing the existing commercial and industrial uses on the property. The details of the propsed Official Plan Amemdment are attached to this Notice. The purpose and effect of the proposed amendmment to Zoning By-law 97-95 is to rezone a portion of the subject lands from the Agricultural/Rural (A/RU)Zone to a site specific Agricultural/Rural Exemption X (A/RU*X)Zone. The effect of this application is recognizing the existing commercial and industrial land uses and structures on the subject lands on a permanent basis. The details of the propsed Zoning By-law Amemdment are attached to this Notice. Any person may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Official Plan Amendment. Written comments by any person unable to attend the meeting should be mailed/faxed/e-mailed to the Director, Development Services,The Corporation of the Township of Oro- Medonte to be received no later than 12:00 p.m. noon on May 4, 2022. Please ensure that you include your name and address so that you may be contacted if necessary. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Official Plan and Zoning By-law Amendments are adopted/passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Page 22 of 589 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... The application is part of the public record and is available to the public for viewing/inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building and available on the Township's website www.oro- medonte.ca.Any person wishing further information or clarification with regard to the application or to arrange to inspect the application should contact the Planning Division at 705-487-2171. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If you wish to be notified of the adoption/passing or refusal by the Township of Oro- Medonte in respect to the proposed Official Plan Amendment and Zoning By-law Amendments, you must make a written request. Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn:Andria Leigh, Director, Development Services plan ning@oro-medonte.ca Dated at the Township of Oro-Medonte this 30th day of March, 2022. Location Map �i SUBJECT LANDS f as o� o I75 Page 23 of 589 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Proposed Official Plan Amendment C.1.4.X Part of Lot 16, Concession 14,being Parts 1-3 on Plan 51 R-30258(5071 Highway 11 North) 1. Notwithstanding any other policy in this Plan,the following existing structures and land uses are permitted:Existing Buildings,Buildings Supply Outlets and Showroom,Business Offices, Custom Workshops,Retail Stores accessory to a permitted use,Building Contractors Supply Outlet,Auction Centre, Contractor's Yard, Warehouses,Outdoor Storage Uses,Equipment Soles Establishment Banquet Hall,Recreational Vehicle Sales Establishment (Snowmobiles,4x4 vehicles), Construction Equipment Sales Establishment Swimming Pool and Spa Sales Establishment,Dock and Seasonal Sales Establishment Motor Vehicle Sales Establishment(for a maximum of 50 vehicles), Trailer/Recreational Vehicle Sales Establishment(for a maximum of 50 units),Mobile/Modular Home Sales Establishment(maximum of 5 units), Service Shops Light,Accessory Outdoor Display and Sales(to a maximum of 7 businesses),and Temporary Tents. AMENDMENT No. TO THE THE TOWNSHIP OF ORO-MEDONTE OFFICIAL PLAN 'N` SCHEDULE'A'-LAND USE �5 N 10 J OLANDS TO BE REDESIGNATED FROM'AGRICULTURAL' ,( TO"AGRICULTURAL EXCEPTION X'. /-\ OAP DATE DATE CLERK MAYOR Page 24 of 589 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Proposed Zoning By-law Amendment 7.X *X-Part of Lot 16, Concession 14,being Parts 1-3 on Plan 51R-30258(5071 Highway 11 North) Notwithstanding Table A4`Agricultural/Rural Zone and the Mineral Aggregate Resources Zones—Permitted Uses',the following are also permitted on a portion of the lands denoted by the symbol *X,as shown on schedules to this By-law:Existing Buildings, Buildings Supply Outlets and Showroom,Business Offices,Custom Workshops,Retail Stores accessory to a permitted use,Building Contractors Supply Outlet Auction Centre, Contractor's Yard, Warehouses, Outdoor Storage Uses, Equipment Sales Establishment, Banquet Hall,Recreational Vehicle Sales Establishment(Snowmobiles,4x4 vehicles), Construction Equipment Sales Establishment,Swimming Pool and Spa Sales Establishment,Dock and Seasonal Sales Establishment Motor Vehicle Sales Establishment (for a maximum of 50 vehicles), Trailer/Recreational Vehicle Sales Establishment(for a maximum of 50 units),Mobile/Modular Home Sales Establishment(maximum of 5 units), Service Shops Light Accessory Outdoor Display and Sales(to a maximum of 7 businesses), and Temporary Tents. SCHEDULE W Ta Z.B.A. NO. TO THE THE TOWNSHIP OF ORO-MEDONTE AN ZONING BY-LAW 97-95 ED AIRU RUR2 AIRU AiRU EP AiRU EP �y ^ 's m' MAR2 from'AIRU' RUR2 2 to'AIRU*X' AIRU EP i i� EP EP AIRU ® LANDS TO BE REZONED FROM THE AGRICULTURALIRURAL(NRU)ZONE TO A SITE SPECIFIC AGRICULTURAURURAL EXEMPTION X(A/RU-X)ZONE. 4¢P DATE DATE CLERK MAYOR Page 25 of 589 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Y U � _ W W O Z Q O a J I.U CO C%4 m M N N N O � N 015 I --- (D O 06 a) n Q O Cu E 0 �+ (6 i (� O O O Q N � U }' U U E U CO 0O o = ca � ca LO 0) C � C y O ._ o • • .CU Q r. O C� � O — . to — � � � Q O p M -0 J NLLI OWW U — Page 26 of 589 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... .-. _ a) X - ca O Cu C: Cu W Q � O a) E — O N a) _ E ) (� x � a) 0 U) a) (6 ) X O mil' `5 Cw x U +� U c 'U — cu a) (O O Q U Q O U) E .� 4-0 r-- O a) E Cu 0 O O w O V Cn _D 'N 70 0) O m +� �� 'i Q � � a- 0 0) 6 i O to Q a) a) Q . 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U — •— (n C- E '� C 4-0 O 4-0 ° + u � O .� Cu E a) +� •U OO Q Q O 0 cU C Cu ° a) ° 0 ca CD0) � M C\J ~ O m cy) (a M CD 4 a) O N +- N N O ca a) � C)04 Cu N '> Q +� (n 4-0 06 O � � M w E O a) _�O cU a) E �_ a) E O D C i E 0 Q U) O 0 .� � N U) ° (ten UM O r M a) N o on w >, o~ 0 .0 70 U O E 4-0 CU O � pEO � a� a)OC U E (n a) 'U ° U O Q N = U � 0- (n a) -0a) � a E IZ— o Cuoo Q Page 38 of 589 5.b) 5:45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Notice of Receipt of Complete Applications Notice of Particulars and Public Access 0 Notice of Public Meeting for a P-d Proposed Draft Plan of Subdivision and Amendment to the Zoning By-law of the Township of Oro-Medonte 2022-SUB-01 &2022-ZBA-04 (Shanty Bay Estates Ltd.) Due to the evolving public heath situation (COVID-19), the Township will livestream the Public Hearing over the internet for public viewing and participation. Please refer to the Township's website(oro-medonte.ca)for Public Hearing viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following applications to be"Complete Applications" pursuant to the Planning Act on the 25t"day of March, 2022. Take notice that the Development Services Committee of the Township of Oro-Medonte will hold a livestreamed Public Meeting on May 4,2022 at 5:45 p.m. The purpose of the Public Meeting is to obtain public comments on a proposed Draft Plan of Subdivision and Amendment to the Zoning By-law. The subject lands are described as Concession 3 South Part Lot 27 Part Lot 28 Reference Plan 51 R19629 Parts 1 to 4 (Oro). A key map illustrating the location of the subject lands and a copy of the applicants Draft Plan of Subdivision are included with this notice. The purpose of Application 2022-SUB-01 is to consider a proposal for a Draft Plan of Subdivision comprised of 87 single detached residential lots. The purpose of Application 2022-ZBA-04 is to consider a proposal to amend Zoning By-law No. 97-95, as amended, by rezoning the subject lands from the Agricultural/Rural (A/RU)Zone to the Residential One Hold (R1(H))Zone and Open Space (OS)Zone. This zoning would facilitate the proposed Draft Plan of Subdivision for the 87 new residential lots. Any person may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Zoning By-law Amendment and/or the proposed Draft Plan of Subdivision. Written comments by any person unable to attend the meeting should be mailed/faxed/e-mailed to the Director, Development Services, The Corporation of the Township of Oro-Medonte to be received no later than 12:00 p.m. noon on May 4, 2022. Please ensure that you include your name and address so that you may be contacted if necessary. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused and/or before the Draft Plan of Subdivision is approved or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. The applications are part of the public record and are available to the public for viewing/inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building and available on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the applications or to arrange to inspect the applications should contact the Planning Division at 705-487-2171. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment and/or of the proposed Draft Plan of Subdivision, you must make a written request. Page 39 of 589 5.b) 5:45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn:Andria Leigh, Deputy Chief Administrative Officer/Director, Development Services plan ning(a)oro-medonte.ca Dated at the Township of Oro-Medonte this 13th day of April,2022. Location Map vi M N C J William St. a' F ell a e Jy h Graham_St. Ra gid9e' 20E vi M d J ® Subject Lands Page 40 of 589 5.b) 5:45 p.m. Notice of Receipt of Complete Applications; Notice of Par... 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Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2022-070 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # May 4, 2022 Minor Variance Application 2022-A-18 Roll #: Paul Barker & Diane Fletcher R.M.S. File #: 4346-030-012-44000 29 Moon Point Drive D13 60477 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-070 be received and adopted. 2. That Minor Variance Application 2022-A-18 by Paul Barker & Diane Fletcher, specifically for permission to demolish the existing boathouse and construct a new boathouse in the rear yard backing onto Lake Simcoe with a maximum width 46.5 percent of the width of the lot at the average high water mark (30% permitted), be approved subject to the conditions as outlined in Report DS2022- 070. 3. The conditions are as follows: a. That notwithstanding Section 5.6(c), the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the proposed boathouse shall not be used for human habitation, commercial purposes or for a home industry; d. The required permit shall be obtained from LSRCA prior to any development taking place; e. A Shoreline Restoration Plantings Plan be prepared and submitted to the satisfaction of the LSRCA; f. That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 4,2022 Report No. DS2022-070 Page 1 of 21 Page 75 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 29 Moon Point Drive and backs onto Lake Simcoe, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The property is currently occupied by a 93.8 m2 (1,010 ft2) one-storey single detached dwelling (located centrally on the property) with detached garage (34.3 m2 or 369.2 ft2) in the front yard (directly abutting Moon Point Drive) and an existing boathouse (15 m2 or 161.5 ft2) in the rear yard backing onto Lake Simcoe. The property is accessed from Moon Point Drive through two driveways: one in front of the detached garage; and the second driveway leading to the single detached dwelling. The subject property has an area of approximately 0.18 hectares and 30.45 metres (100 feet) of frontage on Moon Point Drive. However, the lot width narrows to 15.7 metres at the average high water mark, resulting a "reverse pie shape" lot. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Rural • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Shoreline Residential Exception 2 (SR-2) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing to remove the existing 15 m2 (161.5 ft2) boat house and replace it with a new 71.2 m2 (766.4 ft2) boathouse. The existing dwelling, detached garage and driveways will be maintained in their current locations and configurations. The drawing package submitted by the Applicant includes conceptual elevations that show there will be no windows on any of the elevations. These drawings are included in Schedule 5. The following minor variance to Zoning By-Law 97-95 has been requested by the Applicant: 1 . To permit width of the boathouse, which is measured from the interior faces of the walls of the boathouse, to be 46.5 percent of the width of the lot at the average high water mark (30% permitted). Development Services May 4,2022 Report No. DS2022-070 Page 2 of 21 Page 76 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... The effect of this minor variance will be to allow for construction of a new detached boathouse that replaces but is larger than the existing boathouse and greater in width than permitted under the prevailing zoning regulations. 4. Zoning Review Table 1 includes a review of the applicable zoning standards and confirms the minor variances required. Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings, Where this By-law provides that land may • The proposed detached boathouse Structures and Uses[By- be used or a building or structure may be will have a smaller footprint and law 2017-0121 erected or used for a purpose,that purpose gross floor area than the existing may include any detached accessory single detached dwelling on the buildings,accessory structures or accessory property. uses located on the same lot as the primary • The proposed boathouse will be use to which they are related.For the similar in built form character to the purposes of this by-law a retaining wall with existing dwelling. a height of 1.0 metre(3.2 feet)or more is • The proposed boathouse will be considered an accessory structure and is incidental or subordinate to the subject to the provisions of Section 5.1. main use of the property for a single detached dwelling. 5.1.1 Uses Permitted in No detached accessory building or accessory • The plans submitted with this Detached Accessory structure shall be used for human habitation application show use of the Buildings and Structures or an occupation for gain,unless specifically proposed structure as a boathouse [By-law 2015-1921 permitted by this By-law.A detached with no space is identified for accessory building or structure is permitted human habitation or occupation. to contain sanitary facilities,including sink • The plans provided with the and/or toilet,outside an area susceptible to application show no sanitary flooding however kitchen facilities including facilities or kitchen facilities. food preparation facilities or facilities for the installation of kitchen equipment are prohibited. 5.6 Boathouses Boathouses are permitted on a lot provided: • The proposed boathouse provides the required 2.0 metre interior side a)They are set back a minimum of 2.0 yards. metres(6.5 feet)from the interior side lot • The width of the proposed line or the projection of the interior side lot boathouse is 7.3 m(24 ft)at the line where it meets the average high water average higher water mark where mark. the lot width is 15.7 metres.This b)They are set back the minimum distance translates to 46.5%of the lot width of the required exterior side yard for the (variance required). main building on the lot. • The details of the proposed c)The width of the boathouse,which is boathouse indicate that it will not measured from the interior faces of the be used for human habitation or walls of the boathouse,does not exceed 30 kitchen/sanitary facilities. percent of the width of the lot at the . The plans submitted with the average high water mark. For the purposes application indicate a maximum of this provision,the width of the lot at the building height of 3.96 metres. average high water mark shall be measured Development Services May 4,2022 Report No. DS2022-070 Page 3 of 21 Page 77 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... by drawing a line between the points where • The plans submitted with the the two interior side lot lines intersect with application indicate the proposed the average high water mark.If the lot is a boathouse will be set back 0 metres corner lot,the width of the lot shall be from the average high water mark. measured by drawing a line between the point where the interior side lot line intersects with the average high water mark and a point where the exterior side lot line intersects with the average high water mark. d)They are not to be used for human habitation and no kitchen or sanitary facilities are permitted to be installed. Notwithstanding these provisions the installation of a sink may be permitted in accordance with the appropriate permit being obtained from the relevant Conservation Authority provided the sink will not be connected to the municipal or private water supply or sewage disposal system. e)The highest point of the roof surface or the parapet,whichever is the greater,of a boathouse with a flat roof is no more than 4.5 metres(14.7 feet)above the elevation of the average high water mark. f)The deckline of a boathouse with a mansard roof is no more than 4.5 metres (14.7 feet)above the elevation of the average high water mark. g)The mean level between eaves and ridge of boathouse with a gabled,hip or gambrel roof or other type of pitched roof is no more than 4.5 metres(14.7 feet)above the elevation of the average high water mark. h)They are setback a minimum of 0 metres (0 feet)from the average high water mark of Lake Simcoe or Bass Lake. Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 2 are applicable to this application. Development Services May 4,2022 Report No. DS2022-070 Page 4 of 21 Page 78 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... Table 2 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e)promoting the integration of land use planning,growth management, transit-supportive development,intensification and infrastructure planning to achieve cost-effective development patterns,optimization of transit investments,and standards to minimize land consumption and servicing costs; f)improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h)promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. 1.1.4 Rural Areas in Municipalities 1.1.4.1 Healthy,integrated and viable rural areas should be supported by: a)building upon rural character,and leveraging rural amenities and assets; b)promoting regeneration,including the redevelopment of brownfield sites; c)accommodating an appropriate range and mix of housing in rural settlement areas; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e)using rural infrastructure and public service facilities efficiently; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; g)providing opportunities for sustainable and diversified tourism,including leveraging historical,cultural,and natural assets; h)conserving biodiversity and considering the ecological benefits provided by nature;and i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3. 1.1.4.2 In rural areas,rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.4.3 When directing development in rural settlement areas in accordance with policy 1.1.3,planning authorities shall give consideration to rural characteristics,the scale of development and the provision of appropriate service levels. 1.1.4.4 Growth and development may be directed to rural lands in accordance with policy 1.1.5,including where a municipality does not have a settlement area. Development Services May 4,2022 Report No. DS2022-070 Page 5 of 21 Page 79 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands,a planning authority shall apply the relevant policies of Section 1:Building Strong Healthy Communities, as well as the policies of Section 2:Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.5.2 On rural lands located in municipalities,permitted uses are: a)the management or use of resources; b)resource-based recreational uses(including recreational dwellings); c)residential development,including lot creation,that is locally appropriate; d)agricultural uses,agriculture-related uses,on-farm diversified uses and normal farm practices,in accordance with provincial standards; e)home occupations and home industries;f)cemeteries;and g)other rural land uses. 1.1.5.3 Recreational,tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available,and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. I have reviewed the development proposal and requested minor variance and I am satisfied that the application is generally consistent with the applicable policies of PPS 2020. The proposal and requested minor variance facilitate replacement of an existing boathouse with a new boathouse that is larger in floor area than the existing boathouse. However, the proposal will maintain the existing character of the subject property as a single detached dwelling with detached garage and boathouse backing onto Lake Simcoe. The proposed boathouse will enhance the quality of built form on the subject property and does not require minor variances for setbacks or height and will also not allow for human habitation and business uses in the structure. The relationship of the subject property to the public realm will not change due to the boathouse being in the rear yard with a significant grade change down from Moon Point Drive. The required setbacks to the adjacent properties on either side of the subject property are also required to mitigate any impacts associated with the proposed boathouse. Finally, the proposed height and massing of the detached garage will be consistent and complementary to the existing dwelling on the subject property while also being secondary and accessory in scale to the dwelling. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. Development Services May 4,2022 Report No. DS2022-070 Page 6 of 21 Page 80 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... The Growth Plan policies included in Table 3 are applicable to this application. Table 3 - Policy Matrix (A Place to Grow — Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. 2.2 Policies for Where and 2.Forecasted growth to the horizon of this Plan will be allocated based on the following: How to Grow a)the vast majority of growth will be directed to settlement areas that: 2.2.1 Managing Growth i.have a delineated built boundary; ii.have existing or planned municipal water and wastewater systems;and iii.can support the achievement of complete communities; c)within settlement areas,growth will be focused in: i.delineated built-up areas; ii.strategic growth areas; iii.locations with existing or planned transit,with a priority on higher order transit where it exists or is planned;and iv.areas with existing or planned public service facilities; d)development will be directed to settlement areas,except where the policies of this Plan permit otherwise; e)development will be generally directed away from hazardous lands;and f)the establishment of new settlement areas is prohibited. 2.2.6 Housing 1.Upper-and single-tier municipalities,in consultation with lower-tier municipalities,the Province,and other appropriate stakeholders,will: a)support housing choice through the achievement of the minimum intensification and density targets in this Plan,as well as the other policies of this Plan by: i.identifying a diverse range and mix of housing options and densities,including additional residential units and affordable housing to meet projected needs of current and future residents;and ii.establishing targets for affordable ownership housing and rental housing; 2.2.9 Rural Areas 3.Subject to the policies in Section 4,development outside of settlement areas may be permitted on rural lands for: a)the management or use of resources; b)resource-based recreational uses;and c)other rural land uses that are not appropriate in settlement areas provided they: i.are compatible with the rural landscape and surrounding local land uses; ii.will be sustained by rural service levels;and iii.will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations. Development Services May 4,2022 Report No. DS2022-070 Page 7 of 21 Page 81 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... It is my opinion that the development proposal generally conforms to the applicable Growth Plan policies on the basis that the proposal represents enhanced and more efficient of an existing low density residential use through replacement of an existing boathouse in a location that provides the required side and rear yard setbacks and does not exceed regulations for height and floor area. The proposal does not include any extensions or upgrades to existing services or infrastructure. The proposal is consistent with the existing low density residential character of the surrounding community and there will be no adverse impacts on agricultural lands, natural heritage, hydrologic and Iandform systems, features and functions. 3. Simcoe County Official Plan The subject property is designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. The subject property is not located in any of the following as designated in the Official Plan: Streams and Evaluated Wetlands; Areas of Natural and Scientific Interest; Wellhead Protection Areas and Surface Water Intake Protection Zones; Highly Vulnerable Areas; Significant Groundwater Recharge Areas. On the basis of my review of the specific policies of the Simcoe County Official Plan provided in Table 4, it is my opinion that the proposal for the subject property and the requested minor variance maintains the general purpose and intent of the County of Simcoe Official Plan. The requested minor variance is required due to the tapering of lot width from frontage to back. The lot width along Moon Point Drive is 30.4 metres. If this lot width was maintained to the back of the property, the prevailing zoning regulations would permit a boathouse width of 9.12 metres, which is 1.82 metres wider than the proposed boathouse. Moreover, the proposed boathouse, at 7.3 metres wide, would be permitted at a lot width of 24.3 metres, which would be narrower than the existing front lot width. The use, size and scale of the proposed boathouse will be accessory in nature relative to the existing single detached dwelling and will be in a location that is appropriate to mitigate any impacts to surrounding land uses. The boathouse provides appropriate rear and side yard setbacks and complies with the maximum permitted height. The proposed detached garage will not adversely impact any existing rural or natural heritage characteristics on and adjacent to the subject property or result in public health and safety concerns. The proposal will also have no adverse impacts on the existing character of the subject property and the surrounding community. Table 4 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: • To protect,conserve,and enhance the County's natural and cultural heritage; Development Services May 4,2022 Report No. DS2022-070 Page 8 of 21 Page 82 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... • To achieve wise management and use of the County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy The planning strategy of this Plan is based on four themes: 3.1 Strategy • Direction of a significant portion of growth and development to settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry, aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.7 Rural Objectives 3.7.1 To recognize,preserve and protect the rural character and promote long-term diversity and viability of rural economic activities. 3.7.2 To encourage maintenance,protection,and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas. Policies 3.7.3 Lands in the Rural designation shall be the focus of rural and agricultural land uses. 3.7.4 The following are permitted in the Rural designation: a)those land uses permitted in the Agricultural designation; b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, Development Services May 4,2022 Report No. DS2022-070 Page 9 of 21 Page 83 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... g)other rural land uses. 3.7.10 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. 4. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 5 addresses the applicable policies. It is my opinion that the development proposal and requested minor variance maintain the general purpose and intent of the Official Plan for the following reasons: • The development proposal and requested minor variance will have no impacts on single family residential character and natural heritage features on the subject property and the surrounding areas; • No new services or infrastructure are proposed to support the proposed boathouse; • The proposed structure maintains the built form and land use character of the subject property as a single detached dwelling, which is consistent and compatible with the surrounding community; and • The proposed boathouse will enhance the built form character on the subject property and along the shoreline in a manner that is compatible with the community and respects and preserves the context and single detached character of the property relative to surrounding land uses. While the proposed boathouse width will exceed the zoning regulation for percentage of the lot width at the average high water mark, this is due to the reduced lot width relative to the width at the front of the lot and at locations closer to the front of the lot. The boathouse will satisfy the zoning regulations for setbacks and height and will be located in the same location as the existing boathouse. The boathouse will continue to function as an accessory use to the primary dwelling and support the continued use of the subject property as a low density residential use backing onto Lake Simcoe. The proposed height, massing and built form character is accessory to the single detached dwelling on the subject property and consistent with the land use and built form character of the surrounding community. Table 5 - Townshipof Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES Development Services May 4,2022 Report No. DS2022-070 Page 10 of 21 Page 84 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... A2.1 Natural Heritage It is the goal of this Plan to protect and enhance significant natural heritage features and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character A2.5.1 Goal It is the goal of this Plan to protect,maintain and enhance the natural, agricultural and open space character of the rural area. A2.5.2 Strategic Objectives b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. A2.6 Growth and Settlement a)To direct the majority of new residential growth to settlements. d)To encourage the more efficient use of land in settlements,where appropriate. A2.6.2 Strategic Objectives SECTION C5—SHORELINE C5.1 OBJECTIVES •To maintain the existing character of this predominantly residential area. •To protect the natural features of the shoreline area and the immediate shoreline. •To ensure that existing development is appropriately serviced with water and sewer services. C5.2 PERMITTED USES Permitted uses on lands designated Shoreline on the schedules to this Plan are single detached dwellings,existing marinas,small scale commercial uses such as convenience stores,public parks, bed and breakfast establishments subject to Section C1.3.10 and home occupations. 5. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Shoreline Residential Exception 2 (SR*2)", which permits single detached dwellings and accessory buildings/structures, including boathouses. This minor variance application will facilitate replacement of a 15 m2 boathouse with a new 71.3 m2 boathouse in the same general location as the existing boathouse. The proposed boathouse will provide the required side and rear setbacks and is also spatially separated from the front of the property and the public realm by Development Services May 4,2022 Report No. DS2022-070 Page 11 of 21 Page 85 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... physical distance and a substantial grade change down to the lake. No minor variances are requested for the height or floor area of the building and the boathouse will function as an accessory use of the existing permitted single detached dwelling. The requested minor variance is primarily triggered by the tapering of the lot at the rear of the property. The Zoning By-Law does not regulate the physical width of the boathouse but only the ratio of the width of the boathouse to the width of the lot. If the boathouse were located on a portion of the property exceeding 24.3 metres in width, this minor variance would not be required. It is my opinion that the existing character of the subject property as a single detached dwelling with a boathouse backing onto Lake Simcoe will be maintained and there will be no adverse impacts to the land use and built form character of the property or surrounding community. Overall, it is my opinion that the requested minor variance maintains the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variance will facilitate replacement of an existing boathouse with a boathouse that is accessory to the principle dwelling on the property. The boathouse will be smaller in floor area and lot coverage than the primary dwelling and will provide the required side and rear yard setbacks. The use of the proposed structure for these purposes will result in no human habitation or business uses and is incidental and subordinate to the dwelling. The development proposal and requested minor variance will have no impacts on the rural character and natural heritage features on the subject property. Overall, the existing character of the subject property as a single detached dwelling is maintained and the potential for adverse impact on adjacent land uses associated with the minor variance proposed to the regulation maximum floor area will be mitigated by the proposed building height and setbacks, in addition to its location on the subject property. Development Services May 4,2022 Report No. DS2022-070 Page 12 of 21 Page 86 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The proposed boathouse is a permitted structure under the Zoning By-Law and will replace the existing boathouse. The proposed location, height, lot coverage and floor area of the accessory structure will maintain the existing built form character on the subject property and will implement the general purpose and intent of the Official Plan. Are the variances desirable for the appropriate development of the lot? Yes. The minor variance will maintain the general purpose and intent of the Official Plan and Zoning By-Law and facilitate construction of a boathouse that is subordinate or accessory to the existing single detached dwelling. The existing built form character and use of the subject property for a single detached dwelling with accessory structures will be maintained and will be compatible with the surrounding community. Are the variances minor? Yes. The requested minor variance would not be required if the lot width at the front of the property were maintained along the full property depth, or at least a minimum width of 24.3 metres. However, the minor variance will facilitate construction of an enhanced boathouse in the same location as the existing boathouse that complies with the applicable regulations for height and rear and side yard setbacks. The proposed floor area and built form mass will continue to be subordinate to the primary dwelling on the property and the proposed building height and design represents built form that complements the dwelling on the subject property and others in the surrounding community. The proposed structure will be located in an area that maintains the existing built form character and minimizes impacts to natural heritage features and existing land uses in the surrounding area. 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 Development Services May 4,2022 Report No. DS2022-070 Page 13 of 21 Page 87 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building — Building Division has no comments at this time. • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Operations — No comments. • Lake Simcoe Region Conservation Authority - 1 . Consistency with Section 3.1 of the PPS has been demonstrated; 2. Ontario Regulation 179/06 does apply to the subject site. A permit from LSRCA will be required prior to any development taking place; 3. A Shoreline Restoration Plantings Plan should be prepared and submitted to the satisfaction of the LSRCA. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2022-A-18 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services April 27, 2022 Andria Leigh, Deputy CAO/Director Development Services April 28, 2022 Development Services May 4,2022 Report No. DS2022-070 Page 14 of 21 Page 88 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... •�-�Vaseykd -MoonsnRd. 73 o esno�vaiieYm�, 69 -Id•a i-- m 65 57 18 53 4 51 49 47 45 43 Moon�oil<d1 41 37 33 29 25 21 11 11 15 17 19 5 7 9 Lake Simcoe Schedule 1 Location Tatunsh of ® Subject Lands Proud Heritage,Exciting Future ❑ 100 nl File Number:2022-A-18 ti 1 Development Services May 4,2022 Report No. DS2022-070 Page 15 of 21 Page 89 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... Y•Rd: f ,A G.se �•valiley As . I; 9d•arti Ra.0 n Y Ridgg. n P°in M°° • T ai l s - Schedule 2 Aerial Photo —„ 7owriship !j Subject Lands Proud Heritage,Exciting Future 0 25 m File Number:2022-A-18 N 1 lI Development Services May 4,2022 Report No. DS2022-070 Page 16 of 21 Page 90 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos a b Subject Property Looking West on Moon Point Drive Subject Property Looking East on Moon Point Drive l { av' Existing Dwelling and Driveway(from Moon Point Drive) Existing Dwelling(view from existing boathouse) Development Services May 4,2022 Report No. DS2022-070 Page 17 of 21 Page 91 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... r a - at Existing Boathouse Existing Boathouse(looking west) Schedule 4: Site Plan 8: ,I (edkrt c �+M1reF'a¢'• I, d — omVwazJ r,,�w awapse•ea r „gym •Y 3.: t r A I 1 ! 333p'�lIL'�XIIM. 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Schedule 5: Building Drawings sr— 31'4" i T1 x W O i7 M C v m y Z Development Services May 4,2022 Report No. DS2022-070 Page 19 of 21 Page 93 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... 29MOO PtCW WATHOusE REAR ELEVATION + I I I ' I I � I � 1 I f rr ,/ 13-0 l3 I .I I I I � I FRONT ELEVATION GRADE 4 a r e I 1 r y f 1rq;y_ �I -_ - �li►�f Development Services May 4,2022 Report No. DS2022-070 Page 20 of 21 Page 94 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... x3.5 LEFT SIDE ELEVATION -- — -- I I Y I E J I I I i RIGHT SIDE ELEVATION 5 I ° ° 13-a I I I � I I I I I 1 Development Services May 4,2022 Report No. DS2022-070 Page 21 of 21 Page 95 of 589 6.a) 6.00 p.m. DS2022-070, Michael Barton, Township Planning Consultant ... M) L.L 06 00 CO -I--___ N _ N � � C) I � a. O C6 .0 CU � p � CL — 4-0 ° Q C a) ca •� N �° 4-0 a) .� 'CU U) 10� C6 rn . . . . > N U) a O o ° }' r. 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File #: 4346-010-002-03500 1101 Horseshoe Valley Road D14-60484 West, Part of Lot 1, Concession 4 (Oro) Township of Oro-Medonte Recommendation Requires Action For Information Only It is recommended: 1. That Report No. DS2022-068 be received and adopted. 2. That Minor Variance Application 2022-A-19 by HSV Limited Partnership specifically to permit to permit a minimum gross floor area of 30.0 square metres (322.9 square feet) for dwelling units in the Village One Exception 318 (V1*318) Zone on lands municipally known as 1101 Horseshoe Valley Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-068. 3. The conditions are as follows: a) That notwithstanding Section 4-Table B6, the proposed development shall otherwise comply with all other applicable provisions of the Zoning By-law. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject lands are located within the Horseshoe Valley Resort Node on the south side of Horseshoe Valley Road West. A Location Map is included as Schedule 1 to this report, an Aerial Photo is included as Schedule 2 and a map detailing the location of the proposed development within the resort property is included as Schedule 3. The overall subject lands support a variety of structures and resort uses, including a hotel, condominium units, a restaurant, a ski chalet, ski hills and a golf course. Development Services May 4,2022 Report No. DS2022-068 Page 1 of 16 Page 107 of 589 6.b� 6:10 pp.m. DS2022-068 Derek Witlib, Man�.�ger, Plannin Services re: ... The propose development was previously the subject of a Pub Meeting heldgon June 3, 2020, following which the Development Services Committee on September 2, 2020 approved Zoning By-law Amendment Application 2019-ZBA-23 and Council passed By- law 2020-096, which had the effect of: 1) Rezoning the development site from the Future Development Exception 67 (FD*67) Zone to the Village One Exception 318-Holding (V1*318(H)); 2) Establishing the following site-specific provisions: Minimum Rear Yard: -To a main wall of a building or structure 3 metres -To a staircase 0 metres -To an enclosed or unenclosed terrace 2 metres 3) Applying a Holding (H) provision to the zoning of the subject lands to implement a requirement for Site Plan Approval. The purpose of the above-noted rezoning was to permit residential and commercial condominium development that was proposed by the then owner, Skyline Developments. The new owner of the lands (HSV Limited Partnership (Freed Developments)) acquired Skyline Horseshoe Valley Inc. in late 2021 and is proposing several revisions to the original development proposal for the Site. Overall, the proposed development will maintain the proposed use for the site with modifications to the building design and layout. A Pre-Consultation Meeting was recently held with Township Staff and new applications for site plan approval, plan of condominium approval and consent are expected to be forthcoming. The new development concept is illustrated in Schedule 4 and consists of a building containing 185 residential units, ranging from 30 square metre (323 square feet) studio units to 61 square metre (654 square feet) 2-bedroom units, along with commercial (restaurant) space. At this time the applicant is seeking Minor Variance approval to reduce the minimum gross floor area requirement for the studio units in the proposed mixed-use residential building and is seeking relief to the following section of Zoning By-law 97-95: Section 4-Table B6 — Minimum Gross Floor Area Required. Proposed: 50.0 square metres (538.2 square feet) 30.0 square metres (322.9 square feet) Schedule 5 to this report contains the applicant's floor plans for the different levels in the proposed building. Analysis: Provincial Policy Statement 2020 (PPS) The Provincial Policy Statement 2020 (PPS) provides direction on matters of Provincial interest related to land use planning and development. Section 1.1.3 identifies that Settlement Areas shall be the focus of growth and development and promotes a mix of Development Services May 4,2022 Report No. DS2022-068 Page 2 of 16 Page 108 of 589 6.b 6:10 pp m. D 2022-068, Derek Witlib, Mana. er, PlanningServices re, ... densities and�land u$es whic , among other considerations, efficigntly use landand resources and that are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available. The PPS encourages residential intensification and a range of land uses. The above-noted policies are relevant to this application because the subject lands are located within Horseshoe Valley Resort which is within the designated Rural Settlement Area of Horseshoe Valley. Horseshoe Valley Resort is currently serviced by a private communal water supply system and private communal wastewater treatment system. The resort fronts onto a County road (Horseshoe Valley Road West) from which the resort is accessed by a Township road (Horseshoe Boulevard) that connects to the resort's private road network. Section 1.4 (Housing) requires municipalities to provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents. New housing is to be directed to locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs. Municipalities are expected to promote densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed. Encouraged are development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. The proposed development represents the type of residential and commercial uses that the PPS directs to be located within Settlement Areas with appropriate servicing levels to support the uses. Based on the servicing information provided in support of the previous rezoning application, the proposed development is not fully serviced at this time, but has the ability to be adequately serviced before any development is permitted to proceed. Based on the above, Planning Staff is of the opinion that the application is consistent with the PPS. Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe ("Growth Plan") contains policies and targets to foster development of compact, complete, mixed use communities, including a diverse range and mix of housing options, to promote growth and economic development, social equality and the overall quality of life within settlement areas, while optimizing existing and planned infrastructure and service levels and directing development away from hazardous lands and supporting conservation and environmental and agricultural protection. Planning Staff has analyzed the applicable sections of the Growth Plan below. Development Services May 4,2022 Report No. DS2022-068 Page 3 of 16 Page 109 of 589 6.b) 6:10 p m. DS2022-068, Derek Witlib, Manaa er, Plannin Services re: ... Section 2.1 supports"the achievement of complete communities th t feature, Mng other items, a mixture of land uses, provision of a diverse range and mix of housing options, and a compact built form. Section 2.2 establishes a hierarchy of settlement areas and directs most forms of development to urban growth centres and primary settlement areas that have a delineated built boundary. Since Horseshoe Valley is a Rural Settlement Area without a delineated built boundary and the resort lands are privately serviced (not serviced by existing or planned municipal water and wastewater systems), the Growth Plan says that growth will be limited in such a location. Section 2.2.5 Employment states that economic development and competitiveness will be promoted by ensuring sufficient land exists for employment opportunities to accommodate employment growth and by integrating land use planning and economic development goals and strategies to retain and attract investment and employment. It is Planning Staff's opinion that the proposed development would contribute to the mix and range of land uses within the settlement, would promote economic development, and is a level of development that is appropriate for this Rural Settlement Area. In Planning Staff's opinion, the application conforms to the Growth Plan. County of Simcoe Official Plan The subject lands are in the County Official Plan's "Settlements" designation, the policies of which are similar to those of the PPS. Horseshoe Valley represents the kind of settlement that is described in Section 3.5.7 of the County Official Plan as a "secondary settlement" and considered to be a rural service centre suitable for a lower density of development and lower potential for intensification than "primary settlements". For the same reasons as those discussed above in the Growth Plan section of this report, it is Planning Staff's opinion that these applications conform to the growth management framework set out in Section 3.2 of the County Official Plan. With respect to sewage and water infrastructure, the County Official Plan identifies a preference for development that can be supported by full municipal sewage and water services. However, where municipal services are not provided, municipalities may allow for the use of private communal water and sewage services. Based on the above, it is Planning Staff's opinion that the application conforms to the County Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Development Services May 4,2022 Report No. DS2022-068 Page 4 of 16 Page 110 of 589 6.b 6.10 m. DS2022-068 Der k I itlib, Mana er, Plannin Services re: ... Section 45(1)�of the �lanning Act establishes aour-fold test for agminor varianc which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are within the Rural Settlement Area of Horseshoe Valley and are designated Horseshoe Valley Village according to Schedule D — Horseshoe Valley Land Use, which forms part of the Township of Oro-Medonte Official Plan. Section C14.3 contains detailed policies pertaining to Horseshoe Valley including a number of goals and strategic objectives for Horseshoe Valley, which include: • encourage the development of the lands within the Horseshoe Valley Resort node for a variety of residential, commercial and recreational uses, primarily on full sewer and water services; and, • the role and function of Horseshoe Valley is evolving and that the area will serve as a focus for many forms of development in the future. In the Horseshoe Valley Village designation, permitted uses include a range of commercial uses, including retail stores, business offices, medical clinics, timeshare developments, dining and entertainment lounges, restaurants, fitness centres, pro shops, administrative offices, conference centres and recreational facilities. Medium density forms of residential development, including apartments, are also permitted provided they support the planned function of the Horseshoe Valley Village designation. Section C14.3.3.2 of the Official Plan outlines the requirement for a Comprehensive Development Plan (CDP) applying to all lands within the "Horseshoe Valley Village" designation. This CDP was approved by the Township in 2003 and contemplated, among other things, residential condominium development and additional commercial uses, such as the uses currently being proposed by this application. Sections C14.3.1 and C14.3.1.2 recognizes that a considerable amount of additional development may occur in this area and speaks to required improvements to Horseshoe Valley Road (County Road 22) and the intersection (Horseshoe Boulevard) at the entrance into the resort. It is noted the County of Simcoe has undertaken a Municipal Class Environmental Assessment that identified required improvements along Horseshoe Valley Road including a round-a-bout at the intersection of Horseshoe Valley Road and the entrance to the Horseshoe Valley Resort. It is anticipated the ongoing upgrades to Horseshoe Valley Road and the intersection with Horseshoe Valley Resort will be able to accommodate the additional traffic generated by the proposed Development. The County of Simcoe was circulated on this application and has not provided any comments from a planning or traffic standpoint. The County will be further circulated at the time of any future Site Plan Approval or Plan of Condominium Development Services May 4,2022 Report No. DS2022-068 Page 5 of 16 Page 111 of 589 6.b) 6:10 p.m. DS2022-068, Derek Witlib,.Man��ger Planning Services re: ... applications nd will have further opportunity to comment if the un#y has any requirements or concerns. In summary, Planning Staff finds the proposed Minor Variance to conform to the Township of Oro-Medonte Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The subject lands are zoned Village One Exception 318-Holding (V1*318(H) and Table B6 of the Township Zoning Bylaw outlines the V1 Zone Standards for permitted uses, including a minimum gross floor area for dwelling units of 50 square metres. The purpose of the Holding (H) provision is to prevent new development on the subject property until all development related matters, including Site Plan Approval and confirmation of service allocation have been passed to the satisfaction of the Township. The intent of establishing a minimum required gross floor area for dwelling units is in part to ensure that there is sufficient area to accommodate all functional components of a dwelling unit, including living, sleeping, sanitary and food preparation facilities, as well as to provide for an appropriately scaled built form. Planning Staff has no concerns with the ability of the proposed 30.0 square metre (322.9 square feet) units to be able to accommodate the necessary functional components. The massing and appearance of the building will not be impacted by the reduced unit floor area. Planning Staff is of the opinion that the proposed variance meets the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? As noted, the minor variance request will not affect the built form and exterior of the proposed building. Planning Staff concurs with the applicant's planner's statement that, "The request to reduce the minimum gross floor area for a dwelling unit will facilitate the availability of a broader range of unit sizes and provide for a more affordable unit type... The smaller unit sizes are also appropriate within the Horseshoe Valley Resort setting where it is expected residents and guests will be spending more time outside of their unit making use of the amenities offered by the resort. Smaller unit sizes is a trend throughout similar resort developments and market-wide in Ontario as well." The applicant has not requested relief from the Zoning By-law parking requirements to accommodate the smaller units and the applicant had advised that parking continues to be proposed through a combination of underground and surface parking in compliance with the Zoning By-law. Parking details would be addressed through a future Site Plan Approval process. For these reasons, Planning Staff is of the opinion that the proposed variance is considered desirable for the appropriate development of the lands. Development Services May 4,2022 Report No. DS2022-068 Page 6 of 16 Page 112 of 589 6.b) 6:10 .m. DS2022-068, Derek Witlib, Manager, Planning Services re: ... Is the variance mino . The question of the minor nature of the variance relates to its scale and impact. The proposed development will provide for functional dwelling units and will not result in visual changes to the built form and exterior of the building. In addition, it is noted that the reduced gross floor area is not proposed be implemented across all units in the proposed development. It is the opinion of Planning Staff that the variance, if approved would have no negative impacts on the proposed development or on any surrounding land uses. Therefore, it is Planning Staff's opinion that the requested Minor Variance 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 RSO c.P. 13 • Provincial Policy Statement 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: Development Services May 4,2022 Report No. DS2022-068 Page 7 of 16 Page 113 of 589 6.�a 6:10 �.m. DS2022-068, Derek Witlib, Manager, Planning Services re: ... Departmen gency omments: • Manager, Development Engineering: No Objection to the above noted Application. A fulsome Site Plan Application and review of same shall be required for the overall project advancement. • Building Division: No comment at this time. Owner/applicant to be aware of minimum floor area requirements outlined in the Ontario Building Code. • Environmental Services Department: Water and sewage services are private. Additional comments will be provided during design submission. • Operations Division: No comments. • Simcoe Count District School Board: No objection. Previous Zoning and Site Plan Approval comments apply. Public Comments: • Lance Chilton: Strenuous objection to granting the requested variance. Would increase potential density in the proposed project by 40%. Not a minor variance. Proposed dwelling unit sizes are in character with a large city urban area, not with an exurban settlement. Will set a dangerous precedent for future development. Urges Council to vote against the application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Location Detail Schedule 4: Applicant's Conceptual Site Plan and Elevations Schedule 5: Applicant's Floor Plans Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-19 be approved, specifically to permit a minimum gross floor area of 30.0 square metres (322.9 square feet)for dwelling unit, on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, an represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Deputy CAO & Director, Development Services April 28, 2022 Development Services May 4,2022 Report No. DS2022-068 Page 8 of 16 Page 114 of 589 6.b) 6.10 p.m. DS2022-068, Derek Witlib, Manager, Planning Services re: ... Vase)R'17 � _111 M anseon•Re. 42 23 41 30 :G xors� 1102 27 � 20 9 C 10 21 18 6 4 Q 12 16 0 8 11 2 1 9 gwy gfj`L. 15 17 5 14 2 q 7 5 9 ZTgd 7 10 1 12 1 6 8 % a So 6 5 68 3 10 > 3 4 3 4 8 sMcoe � .m 1�d 2 1 2 2 4 6 7 9 12 Horseshoe Valley Rd.W. 22 0 C, y, 1101 12 m 18 22 2 1 �`�Bkcl1 Grove_Dr. 24 4 6 3 37 11 9 7 8 5 7 35 3800 30 10 9 33 1 3 29 32 12 11 31 29 1 31 14 13 27 33 2218 15 25 22 35 23 9 7 21 19 1 11 13 17 9 5 7 �G1a�o�1416 3 1i0 6 N. 3303 30 26 2 1 0 1101 6 32 29 8' 38 31 36 33 51 52 35 50 40 37 48 18 42 39 3 ne 3� 44 41 43 46 20 46 43 41 45 48 47 31 50 49 0085 3210 52 51 52 53 36 35 90 90 90 55 34 33 0085 32 31 30 29 r y 28 27 3 26 25 3028 VW9 Land Dr. 95 m 67 24 2d6 51 17 20 19 0085 49 N 18 17 3000 d 47 16 9 16 13 0085 Schedule 1 Location Township 0 ® Subject Lands Proud Heritage,Exciting Future 0 400 n1 File Number:2022-A-19 N I i i Development Services May 4,2022 Report No. DS2022-068 Page 9 of 16 Page 115 of 589 6.b) 6.10 p.m. DS2022-068, Derek Witlib, Manager, Planning Services re: ... vase)Rn. Hareeslil ENaI ey�Rd. .a3. .�15��� �}�� 41tlBar ieRtl. • � 4�� �Fr~ L� Horseshoe Vailey Rd. VII. � o�d s22` � t m aoao N Birch Grove�Dr. � a AtePU"i Schedule 2 s� Aerial Photo Township 0 Q Subject Lands Fraud Heritage,Exciting Future 0 400 M File Number:2022-A-19 v I i i i Development Services May 4,2022 Report No. DS2022-068 Page 10 of 16 Page 116 of 589 6.b) 6:10 p.m. a$2022-068, Derek Witlib, Manager, Planning Services re. Schedule 3 — Location Detail ¢ !.. 0 IM= j. .o 1 Y 1 'C V-1, ' ► 4 A y Development Services May 4,2022 Report No. DS2022-068 Page 11 of 16 Page 117 of 589 6.b)8:10g.m. DY2022-068, Derek Witlib, Manager, Planning Services re- Schedule 4 — one ptual Site Plan and Elevations r— d 111 EPUES1 \\ RIULh U. ti 4 ti. N L07 A a` .Z'.`i I hl Development Services May 4,2022 Report No. DS2022-068 Page 12 of 16 Page 118 of 589 6.b) 6.10 p.m. DS2022-068, Derek Witlib, Manager, Planning Services re: ... 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E L OO ' L O . a-j •— W V C� O � W i C� O • — � cn NO > CT ca O � L =3 E E E '- O .� U E 4� ago 4-j cv 4-) — O •— m CT " O 4� O 4-) V � E O 0 ca Ln • Page 141 of 589 6.b) 6:10 p.m. DS2022-068, Derek Witlib, Manager, Planni& Services re: . _0 C J_— C6 ca O a � i _0 0 W W O C60 > }' > cc) caCU -0 .—ru M ca _ O ca ._ +-� +-� •— � quo � •— O W _0 •— O }, ._ � E O O a) a) ca O � W ca O I OL O - O O. � r� ♦pr `,mow•� '� y � �+ � � R3 � p C> O LL- 0 -L (D CO `L o Q a� wnaonno '-- Page 142 of 589 •• b) 6:10 p.m. DS2022-068, Derek Witlib, Manager, Planning Services re: . J U m E 00 C�0 buOC- N O cc m +-' C: U = O .2 C- •O 00 U U 4-J N L- ai O E vi O X � •— � p IN w > > U OLs �Ak-E W1 o W . Page 143 of 589 N 15t 6:10 p.m. DS2022-068, Derek Witlib, Manager, Planning Services re: . N E • CO O N a--+ OO , • • O �U • N E E • o E MEMO O U Q) I N O •• E O L.r) 0 • • 4- 0 N O O }' c� /ca ,,^� (� •• E i aA :3 Q o a� . O o O IM Page 144 of 589 .` 6.b) 6:10 p.m. DS2022-068, Derek Witlib, Manager, Planning Services re: . 4- 0 ago O a� O ce$ � m E � C: +-j •> 0 O Q - - O 4� E0 Q� JC: cn , ._ 4-j 4-j O w � > ca _ (ADC ca CL N Q CD > 4-) � � — cn C6 N jC: O ca �.., • Oa--' a--> > 3: .0 ' C6 O - - jC: .0 � ca ca •— i C: 4-j -0 Ln Page 145 of 589 6.b) 6:10 p.m. DS2022-068, Derek Witlib, Manager, Planning Services re: . 5Z51 85pZ • LO \ ---- - ---- - - - m 0 (V W Yo + Ws a o �o zm� o CO CUJ CO n '7-1 — — — z J Z9trtr � OL88 5L56 O • � N 4� C� c� O O •ca 4-) c6 4� O 4-J =4-) — >. 4-) 0 c� O 4-j tw - V V '0 (1) O > oc Page 146 of 589 • • • 1 p.m. DS20212-fO68, Derek • Manager, • Services re: 1 cn • • • E 4-j 1 Q a- 0 • 1 1 N 1 1 • 1 1 • N • 1 • • • • U 1 • • 1 � , O �t - - T 1 ; l:�i , CL �a�e �47 oi 4�6 • • • 1 p.m. DS2022-068, Derek • Man. ger, Planning Services re: ■�� �-! �i! �=i tee, ■.ii . I .■i .W .■ .■ ■ ■.ii .�I .ii .�! C.; .■� .ii UL L n � (� > L 0 C� 0 4-J ru G • • 1 1 1 • 1 • • • 1 • 1 • • 1 � • 1 1 • •ru 1 • 1 • 1 CO • 0 • • 6.b) 6:10 p.m. DS2022-068, Derek Witlib, Manager, Planning Services re: ... 4 i i { 4. _ T 7 O U - U O Page 149 of 589 � 6.c) 6.20 p.m. DS2022-051 , Danielle Waters, Planner re: Minor Variance A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-051 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # May 4, 2022 Minor Variance Application 2022-A-20 Roll #: Andrew Doge R.M.S. File #: 4346-020-004-13001 9638 Highway 12 D13 60488 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-051 be received and adopted. 2. That Minor Variance Application 2022-A-20 by Andrew Doge specifically to permit the construction of a detached accessory building with an increased height to 5.6 metres (18.3 feet) and increased floor area to 146.5 square metres (1,577.0 square feet) on lands municipally known as 9638 Highway 12, be approved, subject to the conditions as outlined in Report DS2022-051 . 3. The conditions are as follows: a) That notwithstanding Section 5.1 .4 — Maximum Height and Section 5.1.6 — Maximum Floor Area the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building is not to be used for human habitation, commercial purposes or for a home industry; d) That the appropriate Zoning Certificate, Ministry of Transportation Permit (MTO), Nottawasaga Valley Conservation Authority Permit (NVCA) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 4, 2022 Report No. DS2022-051 Page 1 of 10 Page 150 of 589 6.c) 6.20 p.m. DS2022-051 , Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.5 hectares (1.2 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and small detached accessory building. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.4 Maximum height Required: Proposed: 4.5 metres (14.7 feet) 5.6 metres (18.3 feet) proposed height variance is to the top of the proposed building — coverall buildings have no defined eaves to find a mid-way point Section 5.1.6 Maximum floor area Required. Proposed: 100 square metres (1,076.4 square feet) T1 46.5 square metres (1 ,577.0 square feet) The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 1.1.5 — Rural Lands and Section 2.3 —Agriculture are applicable to this application. There are no natural heritage features identified in the Township or County's Official Plan, however, NVCA regulates the property therefore a permit is required. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas/Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. This is an existing non-farm residential lot, and does not conflict with section 2.3. Planning Staff is of the opinion that this application conforms to the PPS, 2020, as the proposed structure is compatible with the rural landscape. Development Services May 4, 2022 Report No. DS2022-051 Page 2 of 10 Page 151 of 589 6.c) 6.20 p.m. DS2022-051 , Danielle Waters, Planner re: Minor Variance A... A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is an existing residential lot. The subject lands are not located within any natural heritage designations identified in the Township's or County's Official Plans. The lot is regulated by NVCA and a permit is required. At the time of writing this report, no NVCA comments have been received, however, Committee shall have regard for any that may be received. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County Official Plan The property is designated Agricultural in the County of Simcoe's Official Plan. The intent of the Agricultural designation is to "protect the resource of prime agricultural lands and prime agricultural areas, while recognizing the inter-relationship with natural heritage features and areas and ecological functions" (County of Simcoe, 2016). Section 3.6.10 speaks to the location of development in prime agricultural areas, that development "be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system" (County of Simcoe, 2016). The proposed detached accessory building is to be constructed within the disturbed part of the property (driveway), not within agricultural fields. In Planning Staff's opinion, the applicant's minor variance application conforms to the County's Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services May 4, 2022 Report No. DS2022-051 Page 3 of 10 Page 152 of 589 6.c) 6.20 p.m. DS2022-051 , Danielle Waters, Planner re: Minor Variance A... Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Agricultural in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variances pertaining to the construction of a detached accessory building with an increase in height and floor area is considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. Single detached dwellings and by extension accessory uses to the residential use are permitted in the A/RU Zone. The general intent of the Zoning By-law in requiring the maximum height and floor area requirements is to ensure that an accessory building will continue to be secondary and subordinate to the primary use of the property as residential. The proposed structure is larger in size to the existing dwelling; however, the structure will be setback a similar distance from the road as the dwelling, with both buildings positioned at an angle to the road, creating a secondary and subordinary view of the proposed accessory building. Additionally, the lot is located in a rural area, where there is an abundance of agricultural buildings that do not have height or size restrictions. Staff believe that the proposed structure would not appear out of place in this area. Upon site inspection, it was confirmed that there is mature vegetation located along all abutting lot lines that would partially screen the building from the street and neighbouring agricultural property. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the proposed detached accessory building would be visible from the road, however, there is mature vegetation on the interior lot lines to provide a buffer to the proposed structure. The increase in size and height will continue to fit in with the landscape as agricultural buildings are permitted on surrounding properties, therefore the proposed structure would not been seen as large. Planning Staff are satisfied that the proposed structure would remain secondary and subordinate to the main dwelling structure and that the proposed development would be considered desirable for the appropriate development of the lot. Development Services May 4, 2022 Report No. DS2022-051 Page 4 of 10 Page 153 of 589 6.c) 6.20 p.m. DS2022-051 , Danielle Waters, Planner re: Minor Variance A... Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as the building is not anticipated to have an adverse impact on the neighbourhood. The proposed variance will keep the existing driveway and mature vegetation in place, therefore providing a buffer for the proposed structure from the neighbourhood. As the proposed variances for the detached accessory building are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: Development Services May 4, 2022 Report No. DS2022-051 Page 5 of 10 Page 154 of 589 6.c) 6.20 p.m. DS2022-051 , Danielle Waters, Planner re: Minor Variance A... • Township Infrastructure and Capital Projects — No comments • Township Building Department — No comments • Township Development Engineering — No objection. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-20 be approved, specifically to permit the construction of a detached accessory building with an increased height to 5.6 metres (18.3 feet) and increased floor area to 146.5 square metres (1 ,577.0 square feet) on lands municipally known as 9638 Highway 12, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS, conforms to the Growth Plan 2020 and the County Official Plan and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services April 27, 2022 Andria Leigh, Deputy CAO/Director, Development Services April 27, 2022 Development Services May 4, 2022 Report No. DS2022-051 Page 6 of 10 Page 155 of 589 6.c) 6.20 p.m. DS2022-051 , Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map 55 34 32 30 2 U 1 9647 53 51 49 47 45 43 41 39 37 Merrington Ave. 35 L p 9725 37 35 33 33 31 29 27 25 23 21 19 w 31 'R d x _ Q 36 34 29 Q 4 27 3949 G 25 2 39445 88 30 12 14 3939 Grate Cras. 23 1 3 5 7 9 11 15 17 19 21 9701 9843 Z� �I 9638 12 9571 9554 3855 3829 9564 95E1 3800 3782 94M Schedule 1 Location Subject Lands V'`fY�� ��' Proud Heritage,Exciting Fia—, 0 200 M File Number,2022-A-20 Development Services May 4, 2022 Report No. DS2022-051 Page 7 of 10 Page 156 of 589 6.c) 6.20 p.m. DS2022-051 , Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo a •Rd P µ �RfH Z $- itl Ski NY. 4. � ,I�r* Schedule 2 Aerial Photo -� 73 Subject Lands Proud Heritage,Exriting Future 0 4a m File Number,2022-A-20 Development Services May 4, 2022 Report No. DS2022-051 Page 8 of 10 Page 157 of 589 6.c) 6.20 p.m. DS2022-051 , Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicants Proposed Site Plan yi 40 SEPTIC 5. V l x 1 � T < , M1�q r ,o Schedule 3 Iiunrrslriia /� Applicant's Site Plan +��►�� .e�.r�► Proud Heritage,Exciting Future © 40 m File Number:2022-A-20 I I I t I Development Services May 4, 2022 Report No. DS2022-051 Page 9 of 10 Page 158 of 589 6.c) 6.20 p.m. DS2022-051 , Danielle Waters, Planner re- Minor Variance A... 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C) t :'t CL U Cu .L- C6 O C Page 166 of 589 • • 1 p.m. DS2022-051 , Danielle Waters, - -- Minor Variance r � 4-0 7 v �1 9'�rjV�, * • 4 • CN CU M, #Q► '. i• • 1 f • ►�� COLU r"�"f Y • _ 4 Page 167of i• �A r b� �bo CN • Cu 6.c) 6-20 p.m. DS2022-051 , Danielle Waters, Planner re- Minor Variance A • C • CL Cu Cu i Page 168 of i9 6.C) 6.20 p.m. DS2O22-O5] , Danielle Waters, Planner re: Minor Variance A.. 4 � f % m E Cu ± w % m Cu § Cu % \ E E q § § o § 2 2 7 % 0-A § \ § Cn 4 0 0 7 n & � \ 2LO Cu (1) � h Cu Q 0 t » £ C) 7 @ 3 m � \ £ f -0 k Cu k E Cu 4- 2 .g Cu � » Cu E @ ° » � 4 [ E G o Cu C_ G k k \ f / 70 ƒ CU � � k o / E � .g / ¥ 4- Cu % ■ Cn § M_>N $ / 2 2 L � — � ® � 2 Z) CN / 3 cuf / � Cu ° a § E a o t E E 2 » E I N o o Cu £ % E (0 a) 0 C) E c: » _ £ � _ D E 3kf C C>' 0 ® .g C Cu E f / Cu \ / / k �k $ / t � � @ » 02 E ® - - C: 3 C_ C� � 3 Cn 70 E m E & ) / o % » Cu 2 $ 2 R � @ ._ 4 0 0 § \ ® Cu E % 2 £ � ._ 0 G 'e m CL 2 2 CU E C E k C -0 Cu y 0 -0062 % \ E5 7 � » E E £ — g E » E Cu 4 n k 0 -0 2 - » a) 0 k o / Cu Cu f � ƒ � fE } > 70AE £ ¥ m m .- 2 2 § & (q T / \ k \ k 2 / Cu 0 CN CO/ Cu Cu � � � � � C: 0- Ek70 _0 Q � 0)k wk » � k � 0Q2 - . . m N U ƒ = � \ / C 7 f Cu » > m 2 0 q � $ E % f 2 �2 z Cu 6 2 U) CU � 0 Cu42 0E ¥ o o ' � 0E .g y » 2 E k — 0- » 0- E -a Cu q ) ) % @ � � 0 :F;0 0 � @ q ' .� Cu 7 Cn � E 2 E a . k § ' � ) E f 2 f f ± 2 a t > 3 .g 5 2 R 2 » ® 2 f » CU f0 ° A U) 5 f ' f 7 f 01-- 3 E ƒ E-0 § ® £ w m w £ w 4 Cu E Q � E Cu 7 \ C = Cu -0 0 7 70 § / / -0 § / k ) & a » Page169 of 589 6.d) 6.30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-052 Development Services Danielle Waters Committee Planner Meeting Date: Minor Variance Application Motion # May 4, 2022 2022-A-21 Angela Fleming Roll #: Concession 6, South Part Lots R.M.S. File #: 4346-020-007-10100 19 and 20 (Medonte) D13- Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-052 be received and adopted. 2. That Minor Variance Application 2022-A-21 by Angela Fleming specifically to permit a 20.0 metre setback from the Environmental Protection zone on lands located at Concession 6, South Part Lots 19 and 20 (Medonte), be deferred, to provide the opportunity for the applicant to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan and Township Official Plans. 3. That Minor Variance Application 2022-A-21 by Angela Fleming specifically to permit a reduced frontage of 0.0 metres (0.0 feet) and to permit construction of a building(s) on a lot that does not front on an assumed public street for lands located at Concession 6, South Part Lots 19 and 20 (Medonte), be approved, subject to the conditions as outlined in Report DS2022-052. 4. The conditions are as follows: a. That notwithstanding Table B4 (B) — Standards for Single Detached Dwellings (A/RU Zone) and Section 5.10, the lot shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the appropriate Entrance Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 5. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 4, 2022 Report No. DS2022-052 Page 1 of 11 Page 170 of 589 6.d) 6.30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... Background: The subject property has a lot area of approximately 14.7 hectares (36.3 acres) and is a land locked parcel on Line 5 North, as shown on Schedules 1 and 2. The property is currently vacant. The applicant is proposing an easement for access through Consent Application 2022-B-12, and to construct a dwelling within the 30.0 metre setback to the Environmental Protection zone (Schedule 3). The applicant is seeking relief to the following section of Zoning By-law 97-95: Table B4 B — Standards for Single Detached Dwellings A/RU Zone Required: Proposed: Minimum lot frontage 0.0 metres (0.0 feet) 45.0 metres (147.6 feet) The applicant is proposing a 12.2 metre (40.0 feet) easement over 5675 Line 5 North to access the land locked parcel Section 5.27 — Setbacks from Limits of Environmental Protection Zone Required: Proposed: Notwithstanding any other provision in 20 metres (65.6 feet) this By-law, no building or structure... shall be located within 30 metres (98.4 feet) of the boundaries of the Environmental Protection Zone. The proposed easement is 12.2 metres (40.0 feet) over 5675 Line 5 North, however, the frontage for the Concession 6, South Part Lots 19 and 20 (Medonte) remains 0.0 metres (0.0 feet). Upon review of the applications, staff identified a further variance that is required from the Zoning By-law as the subject property is land locked. Section 5.10 — Frontage on a Public Street Required: Proposed: No person shall erect any building or To construct a building on a lot that does not structure on a lot unless the lot abuts front on an assumed public street. or fronts on a street which is assumed by a public authority for maintenance purposes Planning Staff is of the opinion that the inclusion of this additional variance would not require additional circulation as adequate notice was provided through the related consent application and this minor variance application with respect to the proposed easement and the additional relief does not change or affect the intent of the applicant's request as outlined through the Notices. Development Services May 4, 2022 Report No. DS2022-052 Page 2 of 11 Page 171 of 589 6.d) 6.30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... Analysis: Provincial Policy Statement 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section, Section 2.1 — Natural Heritage, Section 2.3 —Agriculture, Section 2.2 — Water are applicable to this application. Dwelling The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1 & 2.2 provides Natural Heritage policies that require natural features and areas to be protected for the long term and that development and site alteration shall not be permitted in natural heritage features such as significant wetlands, significant woodlands and significant wildlife habitat. The Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their Official Plans. The Township's Official Plan has identified a wetland and significant woodland on the property. The proposed dwelling is more than 120m from the wetland, however it is only 40m from the significant woodland. No development may occur unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Planning Staff are recommending deferral of the minor variance associated with the dwelling and the reduction in the setback to the EP zone to allow the applicant time to provide a Natural Heritage Evaluation to demonstrate that there will be no negative impacts on the significant woodland. NVCA will be able to provide a scoped terms of reference for the required NHE. Frontage The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. The easement and subsequent reduced frontage, does not represent "development" as defined. The proposed consent and minor variance are to provide easement access to an existing land locked parcel and as per section 2.3.4.2 lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. Given the above, the frontage application is consistent with the Rural Areas and Agricultural policies of the PPS as the proposed development is not anticipated to Development Services May 4, 2022 Report No. DS2022-052 Page 3 of 11 Page 172 of 589 6.d) 6.30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... impact any natural features or functions. Planning Staff is of the opinion that this application conforms to the PPS, 2020. Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Dwelling Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their Official Plans. The subject lands have an identified Significant Woodland and Provincially Significant Wetland on the property. 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature or a key hydrologic feature will require a Natural Heritage Evaluation. The applicant has not provided any supporting studies to the Township that identifies that the single detached dwelling is in the best site for development on the property given the existing significant woodland feature and that no other alternatives are available. Planning Staff recommend deferral to allow the applicant time to provide a Natural Heritage Evaluation. Planning Staff cannot conclude that the proposed development conforms to Section 4.2.4 of the Growth Plan as it applies to this application. Frontage Section 2.2.9 Rural Areas and 4.2.6 Agricultural Systems are applicable to this application. These sections have been reviewed and Planning Staff are of the opinion that the proposed application for a reduced frontage conforms to the policies in the Growth Plan 2020. County of Simcoe Official Plan The property is designated Agricultural and Greenlands in the County of Simcoe's Official Plan. The proposed frontage and dwelling are within the Agricultural Designation. The intent of the Agricultural designation is to "protect the resource of prime agricultural lands and prime agricultural areas, while recognizing the inter- relationship with natural heritage features and areas and ecological functions" (County of Simcoe, 2016). The Section 3.6.10 speaks to the location of development, should it occur within the Agricultural designation, that development "be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system" (County of Simcoe, 2016). Development Services May 4, 2022 Report No. DS2022-052 Page 4 of 11 Page 173 of 589 6.d) 6.30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... Dwelling In their April 26, 2022 letter County staff advise that "the proposed dwelling is located within the Agricultural designation where residential use is permitted. Subject to the Township and NVCA being satisfied that the proposed minor variance will not negatively affect the natural heritage features identified on the property and the proposed use will conform to the natural heritage policies of the Provincial Policy Statement (PPS) 2020, the County has no objection to the variance as proposed." At this time, the proposed dwelling does not conform to the PPS, and therefore will require further evaluation. Frontage The County is of the opinion that the proposed easement to provide legal access to an existing landlocked parcel in order to facilitate construction of a single detached dwelling permitted within the Agricultural designation could meet the definition of `legal or technical reason' subject to consideration by the local municipality. Assuming that the Township and Committee believes the easement can be considered a legal or technical matter, then the County would have no objection to the proposed consent for easement. It is also assumed by the County that the Township will ensure that safe and adequate residential access can be provided from Line 5 N to the landlocked property. This is ensured by the requirement for an entrance permit in the conditions. In Planning Staff's opinion, the applicant's minor variance application conforms with the County's Official Plan. County comments received stated they have no objections as long as the Township and NVCA are satisfied with the proposal. Do the variances conform to the general intent and purpose of the Official Plan? Dwelling The subject lands are designated Agricultural and Environmental Protection One/Two in the Township's Official Plan. The proposed dwelling is to be located in the Agricultural designation. Within the Environmental Protection Two designation, any lands adjacent (50m) to a significant woodland requires an Environmental Impact Study and Management Plan. Staff is of the opinion that the applicant is required to prepare this study in order to demonstrate conformance with all the natural heritage policies of the PPS, Growth Plan and the Township Official Plan. Frontage The subject lands are designated Agricultural and Environmental Protection One/Two in the Township's Official Plan. The proposed reduced frontage and dwelling are within the Agricultural designation. Pursuant to the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings and by extension accessory uses to the residential and agricultural use. Development Services May 4, 2022 Report No. DS2022-052 Page 5 of 11 Page 174 of 589 6.d) 6.30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... Therefore, based on the above, the requested variances pertaining to the proposed dwelling and frontage are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? Dwelling The subject lands are zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township Zoning By-law 97-95. The purpose of the 30 metre buffer from the EP zone is to ensure protection of the natural features. At this time, NVCA comments have not been received. Planning Staff rely on the expertise of the conservation authority. Based on the absence of NVCA comments, and the current lack of conformity with Provincial Plans, Planning Staff are not in a position at this time to comment on whether the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Frontage The subject lands are zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township Zoning By-law 97-95. The purpose of requiring a minimum frontage is to provide a large enough area to support development on a property. As the proposed frontage is only for access, and will be utilized for a driveway, Planning Staff are satisfied that the reduced frontage is acceptable for its use. For the reasons outlined above, Planning Staff is of the opinion that the requested variance to the frontage requirement is considered to meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Dwelling At this time, Planning Staff cannot conclude that the proposed dwelling is appropriate development of the lot as a Natural Heritage Evaluation/Environmental Impact Study is required to confirm the features on the property. Frontage Planning Staff does not expect the reduced frontage to stand-out, look out of place or detract from the character of the rural area. Providing frontage for a land locked parcel is appropriate development which will allow access to a lot that currently cannot be utilized or developed. Based on the above, Planning Staff are satisfied that the proposed development as it relates to the frontage variance would be considered desirable for the appropriate development of the lot. Development Services May 4, 2022 Report No. DS2022-052 Page 6 of 11 Page 175 of 589 6.d) 6.30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... Are the variances minor? Dwelling The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance cannot yet be determined to be minor as additional information is required as outlined in this report. Frontage The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the easement with reduced frontage is providing access to a property that otherwise could not be developed. As the proposed variance for is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances relating to the frontage relief are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Development Services May 4, 2022 Report No. DS2022-052 Page 7 of 11 Page 176 of 589 6.d) 6.30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection • Township Infrastructure and Capital Projects — No comments • Township Building Department — no comments • Bell Canada — no comments • County of Simcoe — no objections Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-21 by Angela Fleming specifically to permit a 20.0 metre setback from the Environmental Protection zone on lands located at Concession 6, South Part Lots 19 and 20 (Medonte), be deferred, to allow time the opportunity for the applicant to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan and Township Official Plans. Planning Staff recommends that Minor Variance Application 2022-A-21 by Angela Fleming specifically to permit a reduced frontage of 0.0 metres (0.0 feet) and to permit construction of a building(s) on a lot that does not front on an assumed public street for on lands located at Concession 6, South Part Lots 19 and 20 (Medonte), be approved, subject to the conditions as outlined in Report DS2022-052. The variance application for the reduced frontage and not fronting onto a public road conform to or is consistent with applicable Provincial, County and Township planning policies and represents good planning and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters Planner Approvals: Date: Andria Leigh, Deputy CAO/Director, Development Services April 28, 2022 Development Services May 4, 2022 Report No. DS2022-052 Page 8 of 11 Page 177 of 589 6.d) 6.30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... Schedule 1: Location Map YY 1� 4Y �w 9R yS wY Yy �t L� �l ♦R h� �y sY ,Y xy x� �R •RR AJRU k J J r AJ Rr A]RU Development Services May 4, 2022 Report No. DS2022-052 Page 9 of 11 Page 178 of 589 6.d) 6.30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... Schedule 2: Aerial Photo f f' i wow .. . Development Services May 4, 2022 Report No. DS2022-052 Page 10 of 11 Page 179 of 589 6.d) 6.30 p.m. DS2022-52, Danielle Waters, re, Minor Variance Applicatio... Schedule 3: Applicant's Site Plan I \ � EXISTING TR€SEINE SHALL. i. NOT BE CHANGED '; I �\ (TREES SHALL NOTE 1 '\ SE RSHOVED}W THE I CON&TRIICTION OF THE \ PROPD6m DWELLING - LOT 20 1 \I• 00� ldl \ (4ro ACRES) / PROPOSED / \ / WELL LOCd7ION PROPO°vID /� \ 1 3 001-,� P.30 M.SET BACK i ---f�-�.- (SHALL REMAIN) ; j PROP06m DVIIELLING \ f PROPOe \ BEPTIC EXISTING TREELINE SHALL \ r LOCATION r ;S NOT BE CHANGED '\ (TREES SIiALL NOT E.P.REVIS SET BACK / --- BE REMOVED'IN THE ` I PROPOSED T GARAGE /� CONSTRUCTION VK THE -ROPPSED DWELLII \ i i / T I I i l ° W � PROPOSED ��� DRIVEWAY TOI r DWELLING % LOT 19 � i ( pfISTIMG E.P. (5WALL REMAIN EP IN ACCORDANCE WITW \ NVCA SLOOP PLAINS AND OppSEp EIS RECOMMENDATIONS) STEEL STRUCTURE - - -- lHAY BARN/6TORAGEJ \ M,[SET BACK + (46 ACRES) SEPTIC LOCATION I ROPOS ' RESID E �. . PROPOSED 1 EtARN/ i RIDING RING / r Op k Development Services May 4, 2022 Report No. DS2022-052 Page 11 of 11 Page 180 of 589 6.d) 6.30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... vownship of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-053 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # May 4, 2022 Consent Application 2022-B-12 Roll #: Angela Fleming R.M.S. File #: 4346-020-007-10000 5675 Line 5 North D10-60495 4346-020-007-10100 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-053 be received and adopted. 2. That Consent Application 2022-13-10 by Angela Fleming to grant an access easement with a width of approximately 12.2 metres (40.0 feet) and an area of approximately 0.28 hectares (0.7 acres) over 5675 Line 5 North to provide access to the property legally described as Concession 6, South Part Lot 19 and 20 (Medonte), be approved, subject to the following conditions: a) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; b) That the applicant applies for and obtain a minor variance for reduced frontage; c) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the easement, for review by the Municipality and for use for the issuance of the certificate of consent; d) That all municipal taxes be paid to the Township of Oro-Medonte; 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; and, f) 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. Development Services May 4, 2022 Report No. DS2022-053 Page 1 of 8 Page 181 of 589 6.d) 6:30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... 3. And that the applicant be advised of the Committee's decisions under the Secretary-Treasurer's signature. Background: The purpose of Consent Application 2022-B-12 is to consider the conveyance of an access easement over 5675 Line 5 North to Concession 6, South Part Lot 19 and 20 (Medonte) which is a land locked parcel (no address). The proposed easement would be located within the areas identified on the sketch supplied by the applicant (refer to Schedule 3). No new lots are proposed to be created as a result of the easement request. The details of the proposed easement are detailed below: Easement over 5675 Line 5 North Lands to be Retained (5675 Line 5 to Provide Access to Concession North): 6, South Part Lot 19 and 20 Medonte : Frontage: Approx. 12.2 m (40.0 ft.) Approx. 188.0 m (616.8 ft.) Depth: Irregular Approx. 650.0 m 2,132.5 ft. Area: Approx. 0.28 ha (0.7 ac.) Approx. 20.0 ha (49.4 ac.) Use: I Access/Driveway Agricultural Analysis: 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 proposed Consent is to provide easement access to an existing land locked parcel and as per Section 2.3.4.2 lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. Based on the above, Planning Staff are of the opinion that the proposed application is consistent with the PPS. Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. In reviewing the Growth Plan, there are no direct consent policies that apply to the proposed easement applications. Development is defined as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act". Since the proposed easement does not represent "development" as defined, Planning Staff are of the opinion that the application conforms to the Growth Plan. Nottawasaga Valley Conservation Authority (NVCA) A portion of the subject lands is within the jurisdiction of the Nottawasaga Valley Conservation Authority (NVCA). The proposed easement is not within the regulated area. The NVCA has been circulated the subject application and at the time of writing of Development Services May 4, 2022 Report No. DS2022-053 Page 2 of 8 Page 182 of 589 6.d) 6:30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... this report, comments have yet to be received by Township staff. Committee members should have regard to any NVCA comments. County of Simcoe Official Plan The Township has circulated the application to the County of Simcoe Planning Department. Policy 3.3.5 of the SCOP does permit consents for the purpose of legal or technical reasons, as defined by the Provincial Policy Statement (PPS) 2020, and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots. Legal or technical reasons is defined by the PPS and means "severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot". The County is of the opinion that the proposed easement to provide legal access to an existing landlocked parcel in order to facilitate construction of a single detached dwelling permitted within the Agricultural designation could meet the definition of `legal or technical reason' subject to consideration by the local municipality. The County has no objection to the proposed consent for easement subject to any concerns raised by the Township and NVCA. Based on the above, Planning Staff are of the opinion that the proposed easement conforms to the County Official Plan. Township Official Plan The subject lands are located within the Agricultural, Environmental Protection One and Two designations. The proposed easement is within the Agricultural designation (Section Cl) and the policies are highly restrictive with respect to lot creation. However, neither the Agricultural policies of Section C1 or the general consent policies of Section D2 refer to easements. In Planning Staff's opinion, the Official Plan's silence with respect to easements does not prevent easements from being considered and approved, provided that the purpose of the easement conforms with the purpose and intent of the Official Plan. The proposed easement would support continued access to lands for agricultural purposes and would not result in the creation of a new lot. Therefore, in Staff's opinion, this application generally conforms to the Official Plan. Zoning By-law 97-95 The subject properties are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. These zone categories place restrictions on new development and new uses, but does not prohibit the access easement. There are no provisions within Zoning By-law 97-95 that specify the location or size of an easement, however, considering the easement is to provide access to a property which does not have frontage onto a public, assumed road, a minor variance will be required for a reduced frontage for the existing lot for which the easement is to benefit. The requirement for a reduced frontage is considered in condition 2b. On this basis, the application would comply with the provisions as prescribed by the Zoning By-law. Development Services May 4, 2022 Report No. DS2022-053 Page 3 of 8 Page 183 of 589 6.d) 6:30 p.m. DS2022-52, Danielle Waters, re: Minor Variance Applicatio... Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24) is satisfied that the consent application meets the requirements of the Planning Act and that no plan of subdivision is required as this is an easement and no new lot creation is proposed. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: Notice of this application were circulated to the public and to various 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: • Township Development Engineering - no objections, ELG not required • Township Building Services — no comments • Township Operations Department - No comments • Bell Canada — no comments • County of Simcoe — no objections, assuming Township and NVCA have no concerns Development Services May 4, 2022 Report No. DS2022-053 Page 4 of 8 Page 184 of 589 6. 6:30 p.m. D 2022-52 Danielle Waters, r : Minor Variance A licatio... Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Applicant's Sketch Conclusion: Planning Staff recommends that Consent Applications 2022-B-10 be approved, subject to the recommended conditions of consent as outlined in this report on the basis that the application is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and to the Official Plans for the County of Simcoe and Township of Oro- Medonte, satisfies the requirements of Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Danielle Waters Planner Approvals: Date: Andria Leigh, Deputy CAO/Director, Development Services April 29, 2022 Development Services May 4, 2022 Report No. DS2022-053 Page 5 of 8 Page 185 of 589 6.d) 6:30 p.m. DS2022-52, Danielle Waters, re- Minor Variance Applicatio... 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L E CU CL Cn 0 Cu Cu Cu p _ (6 -0 C: a) Cu -0 -0 75 O L o 0 CU U Q U d N U N MLO Page 200 of 589 6.e) 6.40 p.m. DS2022-054, Danielle Waters, Planner re: Minor Variance A... 1 ownship o f Report R 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-054 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # May 4, 2022 Minor Variance Application 2022-A-22 Roll #: Hayden Whitmore R.M.S. File #: 4346-020-004-21000 2055 Warminster Sideroad D13 60605 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-054 be received and adopted. 2. That Minor Variance Application 2022-A-22 by Hayden Whitmore specifically to permit the construction of a detached accessory building with an increased height to 6.7 metres (22.0 feet) and increased floor area to 119.8 sq. m (1,290.0 sq. ft.) on lands municipally known as 2055 Warminster Sideroad, be approved, subject to the conditions as outlined in Report DS2022-054. 3. The conditions are as follows: a) That notwithstanding Section 5.1 .4 — Maximum Height and Section 5.1.6 — Maximum Floor Area the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building is not to be used for human habitation, commercial purposes or for a home industry; d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, Nottawasaga Valley Conservation Authority Permit (NVCA) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 4, 2022 Report No. DS2022-054 Page 1 of 10 Page 201 of 589 6.e) 6.40 p.m. DS2022-054, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.18 hectares (0.44 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.4 Maximum height Required. Proposed: 4.5 metres 14.7 feet 6.7 metres 22.0 feet Section 5.1.6 Maximum floor area Required: Proposed: 70.0 square metres (753.5 square feet) Main: 75.8 sq. m (816.0 sq. ft.) Second: 44.0 sq. m (474.0 sq. ft.) Total: 119.8 sq. m (1,290.0 sq. ft.) The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.3 — Settlement Areas are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Settlement Areas section supports residential development and intensification within these boundaries; the applicant is proposing construction of a new detached accessory building that would be permitted by these policies. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Development Services May 4, 2022 Report No. DS2022-054 Page 2 of 10 Page 202 of 589 6.e) 6.40 p.m. DS2022-054, Danielle Waters, Planner re: Minor Variance A... Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is an existing residential lot. The subject lands are not located within any natural heritage designations identified in the Township's or County's Official Plans. The lot is regulated by NVCA and a permit is required. At the time of writing this report, no NVCA comments have been received, however, Committee shall have regard for any that may be received. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements, and minimize land consumption and servicing costs" (County of Simcoe, 2016). In Planning Staff's opinion, the applicant's minor variance application conforms to the general intent and purpose of the County's Official Plan by focusing development within the settlement area of Warminster. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are within the Rural Settlement Area of Warminster, which forms part of the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variance pertaining to the construction of an accessory building is considered to conform to the general intent and purpose of the Official Plan. Development Services May 4, 2022 Report No. DS2022-054 Page 3 of 10 Page 203 of 589 6.e) 6.40 p.m. DS2022-054, Danielle Waters, Planner re: Minor Variance A... Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97-95, as amended. Single detached dwellings and by extension accessory uses to the residential use are permitted in the R1 Zone. The general intent of the Zoning By-law in requiring the maximum height and floor area requirements is to ensure that an accessory building will continue to be secondary and subordinate to the primary use of the property as residential. The proposed structure is smaller in size to the existing dwelling. The proposed structure will be located in the rear yard, creating a secondary and subordinary view of the structure in relation to the existing dwelling. Upon site inspection, it was confirmed that there is vegetation located along the east and south lot line however, the building will be visible from neighbouring properties. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the proposed structure would be visible from neighbouring properties. However, when viewing the aerial imagery, it was confirmed that there are other detached structures in rear yards within this residential neighbourhood and in Planning Staff's opinion the proposed structure on the subject lands would not appear out of place or incompatible with the neighbourhood. Planning Staff are satisfied that the proposed structure would remain secondary and subordinate to the main dwelling structure and would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as the building is not anticipated to have an adverse impact on the neighbourhood. The proposed variance will keep the existing driveway and allow for inside storage of the applicants' possessions. As the proposed variances for the detached accessory building are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Development Services May 4, 2022 Report No. DS2022-054 Page 4 of 10 Page 204 of 589 6.e) 6.40 p.m. DS2022-054, Danielle Waters, Planner re: Minor Variance A... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments • Township Building Department — No comments • Township Development Engineering — No objection, Engineered Lot Grading plan req u i red • Severn Sound Environmental Association — No concerns, not additional notice/letters required Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Elevation Drawings Development Services May 4, 2022 Report No. DS2022-054 Page 5 of 10 Page 205 of 589 6.e) 6.40 p.m. DS2022-054, Danielle Waters, Planner re: Minor Variance A... Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-22 be approved, specifically to permit the construction of a detached accessory building with an increased height to 6.7 metres (22.0 feet) and increased floor area to 119.8 sq. m (1,290.0 sq. ft.) on lands municipally known as 2055 Warminster Sideroad, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS, conforms to the Growth Plan 2020 and the County Official Plan and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services April 26, 2022 Andria Leigh, Deputy CAO/Director, Development Services April 26, 2022 Development Services May 4, 2022 Report No. DS2022-054 Page 6 of 10 Page 206 of 589 6.e) 6.40 p.m. DS2022-054, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map P 3320 `aegre 2008 2012 2020 2024 2030 2036 2044 2050 2058 Warminster Srd. m C 2011 2017 2025 2029 2033 2039 2045 2049 2U56 2061 3 H 14 12 10 8 g 4 2. Merrington Ave. 13 11 9 1 3440 Schedule 1 Location -� Subject Lands 0fY � ' +�f2t[' Proud Heritage,Exriting Futon 0 100 rn File Number,2022-A-22 Development Services May 4, 2022 Report No. DS2022-054 Page 7 of 10 Page 207 of 589 6.e) 6.40 p.m. DS2022-054, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo ,Rd:— • A .L�r P Warminster 5rd µ �Rr' Z - ry Schedule 2 gig Aerial Photo Subject Lands 0� r �� Proud Heritage,Exriting Fioo— d 2G m File Number,2022-A-22 Development Services May 4, 2022 Report No. DS2022-054 Page 8 of 10 Page 208 of 589 6.e) 6.40 p.m. DS2022-054, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicants Proposed Site Plan joss c,.�,r+.:nsks6eR �'* Steil J Dnt, Medoabe r i� ITV L3KS -T Gee 3i� 3�Qk r b" Schedule 3 Applicant's Site Plan of, *cx��/�eu!�{,� tttc Proud Herbage,Exciting Future o 20 m File Number:2022-A-22 I I I I Development Services May 4, 2022 Report No. DS2022-054 Page 9 of 10 Page 209 of 589 6.e) 6.40 p.m. DS2022-054, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicants Garage Elevation Drawings 12'U' 1SJr a'-0'MIN. 9'-1p•I1Y-0"MAX) '-11 �TENO LVL' Ln TGP RATES NOL 's ( �2 I a6". °M❑. I 1 jm II I II I III I II6♦ R2 1 h --------- GIRDER UY SVPPUER 1 d'+ -RILANDING'. Ili US'T4,G PLYWOOD ON I j ns-416-oc S I Wf.*- OOB N ST TO SLAB BELOW VP m I I _____APPRCI ICTIUSS.n I DESI -LIER I E la I I I I 9 N IED SLAB ISEE CT SLAB DRAWINGS I I I I I I I I I I I t o I I I 1 I a I I r I I 1 I I I I I I I I I wa.1B-JAONS I I 161 DOOR FLAK OF KUUF MI G(TYP) TO FLOOR LATE Z4. P.E.I.D F.E. ? 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Minor Variance A... r . 4 �(D •TS�Fu• - U cn Or` 1tF y v'c•. r i 0 Page 218 of 589 6.e) 6.40 p.m. DS2022-054, Danielle Waters, Planner re: Minor Variance A... 1�) O 00 N44. _ ?. O Cu V) U - W CL CL Cu .L- C6 O Page 219 of 589 6.e) 6.40 p.m. DS2022-054, Danielle Waters, Planner re: Minor Variance A.. 1�) A � f 0 ± m § / � m E % % § � % $ / § 2 ¥ § o _ 2 � / \ CU — 04 Cu Cu 7 70E � » ° 2k ° f E § 5 .g § 0 5 4 m m Cu 7 o Cu .2 E CuE 0 £ 0 7 o w 0 % k ¢ § .g Cu % 0 f 0 00 ) 4 E E 3 / % / E � 0 . -0 § 2 k » § 7/ ± Cu § / 7 7 3 CU Z) Cu .� % 3 -E Cu E § ■ ƒ 3 d f / f cu 2 § § \ 2 � 1 N 0 0 M � � '§ � 3 � § p a) Do-� 2 d q) f � 0 a 46 � o E2 �o � t � » ._ ® . Cu g � E a) / .5 % k § 7 0 m @ m '> � o $ § o E " » @ / 2 C_3 �£ U ) % U ° 70 � » E 3 $ § / 0) 22 ¥ / O o_ Cu E -0ƒ 2 T @ » ƒ CU 0) a) ECu t y CL � �� 2 :1 — E5 % E4 » CL 2 Cu F f � � � E@ G E Cu � �U ) ¥ £ m £ ± -V '[ 0 k L- � koko 2 .$ / I A 7 2 £ m O m R » 0 k < � k k e 2 f 2 � q � k % � Cu -0C 3 -0 3 @ o of g0 � E � G 2 ¥ q ® E . Q » E » E E .§ � .§ k 0 o m g C q - Uq 777fff a) 0) 2 & » g fa » � �� - = . » b < qq § £ % CU % �.Z) £ q » @ q ) k 0 0- (1)0- ? q � E @ : 7 O 3 o k a Cu 9 ' � E 7 E 2 Cu Cu ƒ Cu C § f .7 / } � 4 S Cu � % o ® - CU=CU E7 > 5 3 70 � § 4 % 5 £ � £ » £ o £ 2 .g b ƒ 2 § w £ w m w £ w £ Cu ƒ u \ § / Cu v _0 G w w £ E ° w 4 V / & a » Page 220 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-058 Development Services Committee Catherine McCarroll Intermediate Planner Meeting Date: Subject: Motion # May 4, 2022 Consent Application 2022-B-13 and Minor Variance Application Roll #: 2022-A-23 by Paula Beech & Brian R.M.S. File #: 4346-010-002-30030 Beatty D10-60507 Concession 4 Part Lot 1 D13-60506 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro) Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2022-058 be received and adopted; 2. That Consent Application 2022-B-13 by Paula Beech & Brian Beatty, to create a residential lot on lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro), Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-058. 3. The conditions are as follows: a) That the applicants sign the Township's Memorandum of Understanding by which the applicants acknowledge the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, and water and sanitary servicing, on either the vacant severed or vacant retained parcels; b) That the applicant obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte; c) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 3.0 metre road widening along the entire frontage of the severed and retained lands adjacent to Line 4 North to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to Development Services May 4, 2022 Report No. DS2022-058 Page 1 of 16 Page 221 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... consolidate the 3.0 metre widening with Line 4 North as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant; d) That the applicants apply for and obtain an amendment to Site Plan Application 2010-SPA-08 to reflect the new building and septic envelopes and tree preservation on the retained lands; e) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for 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; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; h) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; i) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, j) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted statutory two-year period (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2022-A-23 by Paula Beech & Brian Beatty, specifically to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 35.1 metres (115.0 feet) and a retained lot with a minimum lot area of 1 .6 hectares (4.0 acres) and a minimum lot frontage of 32.48 metres (106.6 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 DS2022-058. 5. The conditions are as follows: a) That, notwithstanding Exception 187 of Zoning By-law 97-95, the severed and retained lots shall otherwise comply with all other applicable provisions of the Zoning By-Law; b) That the applicants apply for and obtain Site Plan approval from the Township for the proposed dwelling on the severed lands to identify building and septic envelopes on the lands and to require tree preservation outside of the identified building and septic envelopes to the satisfaction of the Planning Division; c) That the proposed building envelope and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and approved by the Committee; and, Development Services May 4, 2022 Report No. DS2022-058 Page 2 of 16 Page 222 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after: i. The Committee's Minor Variance decision becomes final and binding; and, ii. The applicants have obtained Site Plan Approval from the Township for the severed lands pursuant to Section 41 of the Planning Act. 6. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background: Property Information The property is located on the west side of Line 4 North, south of Horseshoe Valley Road West, 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 and is currently vacant. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Previous Planning Applications This property has been subject to a number of Planning Applications over the years. A chronology of the Planning Applications is listed below: • Official Plan Amendment application 2008-OPA-02 was submitted in August 2008, for the purpose of re-designating the 6.16 hectares (15.2 acres) parcel from the "Horseshoe Valley- Medium Density Residential" designation to the "Horseshoe Valley— Low Density Residential" designation (OPA No. 28). The purpose of the Official Plan Amendment was to sever the lands into four residential lots. Official Plan Amendment No. 28 was adopted by Township Council on February 11, 2009, and approved by Simcoe County Council on June 4, 2009. • Zoning By-law Amendment Application 2008-ZBA-10 was submitted concurrently with the Official Plan Amendment. The purpose of the Zoning By-law Amendment was to rezone the subject lands from the Agricultural/Rural Exception 15 (A/RU*15) Zone to the Residential One Exception 187 (R1*187) Zone. The Zoning By-law Amendment was approved by Township Council on February 11 , 2009. • Consent Applications 2009-B-20 to 2009-B-23 were approved on July 16t", 2009 to permit the creation of the four new residential lots. • The property was subject to Site Plan Control (2010-SPA-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. Consent Application 2022-B-13 The purpose of Consent Application 2022-B-13 is the creation of a new residential lot. The Applicants' consent sketch is included as Schedule 3 to this report. The details of the proposed consent (severance), are provided in the table below. Development Services May 4, 2022 Report No. DS2022-058 Page 3 of 16 Page 223 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... Lands to be Severed: Lands to be Retained: Frontage: Approximately 35.1 m (115.0 ft.) Approximately 32.48 m (106.6 ft.) Depth: Irregular Irregular Area: Approximately 0.2 ha (0.5 ac.) Approximately 1 .6 ha (4.0 ac.) Use: Future residential develo ment Future residential development Minor Variance Application 2022-A-23 The lands are also the subject of a related Minor Variance Application 2022-A-23. The applicants are proposing to sever lands for the creation of a new residential lot and are seeking relief to the following sections of Zoning By-law 97-95: Lands to be severed: Section 7.187 (c) — Minimum Lot Area Required: Proposed: 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 35.1 metres 115.0 feet Lands to be retained: Section 7.187 (c) — Minimum Lot Area Required: Proposed: 1 .23 hectares (3.04 acres) 1 .6 hectares (4.0 acres) Section 7.187 (c) — Minimum Lot Frontage Required: Proposed: 59.0 metres (193.6 feet) 32.48 metres (106.6 feet) Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 1.1.3 — Settlement Areas and Section 1 .6.6 Sewage, Water and Stormwater are applicable to this application. The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1.1.3.1 states that "settlement areas shall be the focus of growth and Development Services May 4, 2022 Report No. DS2022-058 Page 4 of 16 Page 224 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... 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. Section 1.6.6 Sewage, Water and Stormwater of the PPS contains policies that promote the efficient use and optimizes existing municipal services. Section 1.6.6.5 of the PPS states that partial services (municipal water services and individual on-site sewage services) shall be permitted "within settlement areas, to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts" (p.19). Township Environmental Services Staff have reviewed the subject applications and noted that the severed and retained lands will be serviced by private septic systems and municipal drinking water (Horseshoe Highlands Drinking Water System). The subject lands are located within the Horseshoe Valley Settlement Area; therefore, Planning Staff is of the opinion that these applications are consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth" and directs development to settlement areas. Specifically, Section 2.2.1 .2 (b) permits limited growth in rural settlement areas and settlement areas that are not serviced by existing or planned municipal water and wastewater systems. In this case, the severed and retained lots will be serviced by municipal water and private septic systems. Section 2.2.9, Rural Areas, is also applicable to this application and Planning Staff is of the opinion that the proposed residential lot is consistent with the Rural Areas policies as the lands subject to this application are located within a rural settlement area (Horseshoe Valley). Since the proposed development is located within the Horseshoe Valley settlement area and since the Township's Environmental Services Department has provided comments that support the proposed servicing of the lands, it is Planning Staff's opinion that these applications conform to the Growth Plan. County of Simcoe Official Plan The subject lands are designated "Settlements" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. Pursuant to Table 5.1 of the County's Official Plan, Horseshoe Valley is recognized as a settlement area in the Township. Section 3.5 of the County Official Plan contains policies relating to the "Settlements" designation. The objectives of the "Settlements" designation are to: "focus population and employment growth and development within settlements...to develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services...to promote development forms and patterns which minimize land consumption and servicing Development Services May 4, 2022 Report No. DS2022-058 Page 5 of 16 Page 225 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... costs" (p.26). Settlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. Additionally, Section 3.3 of the County's Official Plan contains "General Development Policies" for lot creation. Specifically, Section 3.3.4 states: "Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe, the Province of Ontario, or local municipalities." (p. 18). In this case, both the severed and retained parcels would have frontages on Line 4 North. In Planning Staff's opinion, the applications appear to generally conform to these policies as the proposed lot is limited in size and is located within a rural settlement area, which is already developed, and therefore it is not anticipated to have any adverse effect on any agricultural uses or environmental features. Additionally, County staff confirmed in their April 28, 2022 correspondence that they have no concerns/comments with the Consent application. Township of Oro-Medonte Official Plan The subject lands are located within the Horseshoe Valley Rural Settlement Area and are designated Low Density Residential according to Schedule `D' of the Township's Official Plan. Specifically, Section C14.3.4.1 identifies single detached dwellings as a permitted use in the Horseshoe Valley Low Density Residential Designation. This section states that "the density of residential development shall generally not exceed 7.0 units per gross hectare". The proposed severance of one residential lot would result in a density well below this maximum. For the purposes of the creation a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies contained in Section D2.1 and D2.2.1 of the Township's Official Plan, in evaluating the proposed application for consent. These policies and Staff's comments are provided below: Section D2.1 — Preferred Means of Land Division Land division by Plan of Subdivision, rather than by consent, shall generally be required if: a) the extension of an existing public road or the development of a new public road is required to access the proposed lots; or, b) the area that is proposed to be developed is not considered to be infilling; or, c) a Plan of Subdivision is required to ensure that the entire land holding or area is developed in an orderly and efficient manner, or, d) more than four lots including the retained lands are being created and/or the owner is retaining sufficient lands for the development of additional lots. In Planning Staff's opinion, Consent rather than a Plan of Subdivision, would be the appropriate means through which to consider the proposed lot as infilling on a Township maintained road. Development Services May 4, 2022 Report No. DS2022-058 Page 6 of 16 Page 226 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... For the purposes of the creation a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed application for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1 , "New Lot by Consent — General Criteria".- a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed and retained parcels would front onto a Township road, specifically Line 4 North, which is maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The subject lands do not have direct access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Conforms: The Township's Operations Department has been circulated for comments and have not identified any traffic safety concerns, but have advised that a 3.0 metre (9.8 feet) road widening will be required along the frontage of both the severed and retained lands. Line 4 North has been identified in the Road Network Plan as a collector road requiring a 23.0 metre (75.5 feet) right-of-way. Upon site visit, Planning Staff noted that the severed lands would require a new municipal entrance. The applicant will be required to obtain an Entrance Permit for the new entrance. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Conforms- Subject to approval of Minor Variance Application 2022-A-23, both the severed and retained parcels would comply with the Zoning By-law. The applicant is seeking relief from the Zoning By-law to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 35.1 metres (115.0 feet) and a retained lot with a minimum lot area of 1.6 hectares (4.0 acres) and a minimum lot frontage of 32.48 metres (106.6 feet). Additionally, the proposed residential uses are permitted and compatible with the adjacent land uses. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: Environmental Services Staff have confirmed that the severed and retained lands are to be services by private septic systems and municipal drinking water (Horseshoe Highlands Drinking Water System). The lots will be subject to applicable development and connection charges related to provision of Municipal drinking water. Development Services May 4, 2022 Report No. DS2022-058 Page 7 of 16 Page 227 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... These fees will be charged at the issuance of the Building Permit for the dwelling on each lot. f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The severed and retained lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. The proposed dwelling on the severed lands and retained lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- As proposed, the lands to be retained and severed would not restrict the development of any other lands. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conforms- No natural heritage concerns have been identified by Planning Staff in the review of these applications. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the application conforms. On the basis of the analysis of the applications in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the applications conform to the policies of the Township's Official Plan. Zoning By-law 97-95 The subject lands are zoned Residential One Exception 187 (R1*187) in the Township's Zoning By-law 97-95, as amended. Exception 187 states the following: a) Notwithstanding Section 5.32 of this By-law, the following zone provisions apply on the lands denoted by the symbol R1*187 on the schedules to this Development Services May 4, 2022 Report No. DS2022-058 Page 8 of 16 Page 228 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... By-law: No building or structure shall be located within 5 metres of a slope or embankment that exceeds 33% or 3 to 1 ; b) The minimum required setback from County Road 22 (Horseshoe Valley Road West) shall be 15 metres; c) Notwithstanding the provisions of Section 4.0 —Use standards, Table B1 "Standards for Permitted Uses on the R1,R2,RUR2, SR and RLS Zones" the following provisions will also apply: Lot 1 Lot 2 Lot 3 Lot 4 Minimum Lot Area 1.45 ha 1.23 ha 1.45 ha 2.04 ha Minimum Lot 105.1 m 59.0 m 35.3 m 47.4 m Frontage As per Table Al, single detached dwellings are permitted in the Residential One (R1) zone. Subject to approval of Minor Variance Application 2022-A-23, both the severed and retained parcels would comply with the Zoning By-law. The applicants are seeking relief from the Zoning By-law to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 35.1 metres (115.0 feet) and a retained lot with a minimum lot area of 1 .6 hectares (4.0 acres) and a minimum lot frontage of 32.48 metres (106.6 feet). These variances will be examined in more detail in the following sections. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? As described above, the subject lands are located within the Horseshoe Valley Rural Settlement Area and are designated Low Density Residential according to Schedule `D' of the Township's Official Plan. The Low Density Residential designation permits a single detached dwelling, among other uses, and states that the density of residential development shall generally not exceed 7.0 units per gross hectare. In order to facilitate the severance, the applicants are requesting a reduced lot area and a reduced lot frontage for both the severed and retained lands. Despite the reduced lot sizes, the proposed density would remain well below the maximum density of seven units per gross hectare. Development Services May 4, 2022 Report No. DS2022-058 Page 9 of 16 Page 229 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... Section B5.1.4 of the Township's Official Plan deals with hazardous slopes. There is a steep slope at the rear of the subject lands. As part of the previous Development Applications, a Slope Stability Report had been prepared which contained provisions for construction within 5.0 metres (16.4 feet) of the slope crest. Nevertheless, Exception 187 in the Township's Zoning By-law states that "no building or structure shall be located within 5 metres of a slope or embarkment that exceeds 33% of 3 to 1". Notwithstanding the reduced lot sizes, there remains sufficient space on the retained lands to fit a dwelling outside the required 5.0 metres (16.4 feet) setback from the top of bank of the slope. Based on above, Planning Staff is satisfied that the proposed variances conform to the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? As described above, the subject lands are zoned Residential One Exception 187 (R1*187) in the Township's Zoning By-law 97-95, as amended. Exception 187 requires a minimum lot area of 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). Both the severed and retained lands require a minor variance to address the proposed deficient lot areas and lot frontages. The applicants are proposing a lot area of 0.2 hectares (0.5 acres) for the severed lands and a lot area of 1.6 hectares (4.0 acres) for the retained lands, and they are proposing a lot frontage of 35.1 metres (115.0 feet) for the severed lands and a lot frontage of 32.48 metres (106.6 feet) for the retained lands. The Zoning By-law's minimum lot frontage and lot area requirements are intended to ensure that there is adequate space on the lot to fit a dwelling, private individual services (well and septic system) when other forms of servicing are unavailable, and driveway, with appropriate setbacks to the neighbouring dwellings. The severed and retained lands will be serviced by a private septic system and Municipal drinking water (Horseshoe Highlands Drinking Water System). Planning Staff reviewed all the previous Development Applications, in addition to the Planning Justification Report (PJR) that was submitted with the Official Plan Amendment and Zoning By-law Amendment applications to get a better understanding of why exception 187 required such large lot sizes and large lot frontages compared to the typical Residential One (R1) zone which requires a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). The PJR's rational for the Official Plan Amendment to reduce the density, from medium to low density, was due to the site topography and the difficulty the physical site conditions created for implementation of the higher densities. The PJR stated that the Zoning By-law Amendment would limit lot sizes to ensure no further subdivision could take place but did not state why the lots had to be so large considering the maximum density set out in the Official Plan's Horseshoe Valley — Low Density Residential designation is 7.0 units per gross hectare and the original four lots resulted in a density of approximately 0.65 units per gross hectare. In Planning Staff's opinion, the proposed lot areas, which are equal to and larger than the standard Residential One Zone lot areas, remain large enough to support a dwelling, driveway and septic system, as well as maintain the required setbacks. Development Services May 4, 2022 Report No. DS2022-058 Page 10 of 16 Page 230 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... 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? Upon site visit, Planning Staff noted that the proposed single detached dwelling on the retained lands will be setback significantly from the road and will barely be visible from the road due to the large number of trees. Site Plan Agreement 2010-SPA-08 was registered on title of the subject lands. One of the development restrictions listed in the Site Plan Agreement was tree preservation and that a maximum of 50% tree removal was permitted within the established building envelope. In order to ensure that this development restriction is carried forward on the severed and retained lands, Planning Staff recommend as a condition of consent that the applicants apply for and obtain an amendment to Site Plan Application 2010-SPA-08 to reflect the changes to the retained lands. Further, Planning Staff recommend as a condition of the Minor Variance that the future owners of the severed lands apply for and obtain Site Plan approval from the Township for the proposed dwelling prior to issuance of a Zoning Certificate and Building Permit. In Planning Staff's opinion, the lots would be fully functional with respect to matters such as servicing, parking, setbacks and outdoor amenity space associated with the proposed single detached dwellings. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as there remains adequate space on both the severed and retained lots to fit a dwelling, septic system and driveway, with appropriate setbacks to the lot lines. The proposed development is not anticipated to have any adverse impact on the character of the existing residential neighbourhood or on the use and enjoyment of the surrounding properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Development Services May 4, 2022 Report No. DS2022-058 Page 11 of 16 Page 231 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Township of Oro-Medonte Protection and Enhancement of Tree Canopy Policy Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects — Operations will require a 3.Om road widening along the frontage of both the severed and retained lands. An entrance permit will be required for the new lot. • Township Building Division o Owner/applicant to ensure all on-site sewage systems conform to the clearances outlined in the Ontario Building Code. o Will development be connecting to municipal water; or private on-site wells? • Bell Canada — No comments or concerns. • Township Environmental Services — Both lots would be subject to connection fees (DC, trench, water meter) and operational rates related to the Horseshoe Highlands Municipal Drinking water system. Sewage services to be provided through private lot level septic systems. • Enbridge — Do not object to the proposed application. It is the responsibility of the applicant to verify the existing gas servicing does not encroach on more than one property when subdividing or severing an existing land parcel. For more details contact SalesArea50@Enbridge.com. • County of Simcoe - County Planning staff has no concerns/comments regarding the proposed consent application for the subject property. Development Services May 4, 2022 Report No. DS2022-058 Page 12 of 16 Page 232 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Conclusion: Based on Planning Staff's analysis of these applications, it is Staff's recommendation that Consent Application 2022-B-13 be approved, specifically to permit the creation of a new residential lot on the lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro), and that Minor Variance Application 2022-A-23 be approved, specifically to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 35.1 metres (115.0 feet) and a retained lot with a minimum lot area of 1.6 hectares (4.0 acres) and a minimum lot frontage of 32.48 metres (106.6 feet), as the application meets the four tests of the Planning Act and conforms and is consistent with applicable Provincial, County and Township land use policies, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services April 28, 2022 Andria Leigh, Deputy CAO/Director Development Services April 28, 2022 Development Services May 4, 2022 Report No. DS2022-058 Page 13 of 16 Page 233 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re-... Schedule 1: Location Map vas7" 1 28 67 11 55 57 59 1 - - Pitl �noonskoneAd. 9 24 26 30 36 Cathed'� --s.,Qa 7 5 3 33 2 4 31 22 32 34 38 40 42 44 48 2 a69 Tnu�e, JkY g _ 29 20 50 27 18 71 r m 25 16 14 12 10 8 6 4 2 52 73 10 23 75 12 21 77 4 19 17 15 13 11 9 7 ` 3 U1 81 79 BINLOE 22 Horseshoe Valley Rd.W. 37 11 9 7 32 35 3387 Gti 5 33 pa% 3 3325 31 28 1 29 26 1101 � 27 24 �ION. 22 25 7 3331 23 ' 9 03324 O 21 Fllllsde C't, 3 19 1 20 6 11 13 15 17 9 18 7 16 2 14 5 8 10 12 10 8 3325 12 14 3 6 18 16 7 20 22 9 24 r 1 3315 28 26 Sao 19 17 2 3 rya 21 4 0085 30 23 5n. 25 6 7 3303 27 0085 32 8 9 29 57 55 11 Schedule 1 Location 16tvnslyrp of ® Subject Lands 00��� — Proud Heritage,Exciting Future 0 200 m File Number:2022-6-13 41 I i i i Development Services May 4, 2022 Report No. DS2022-058 Page 14 of 16 Page 234 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re-... Schedule 2: Aerial Photo �aaa.roae r. Harsm'reshi a Valley Id•pi_rrw-Rd., —In 111i19 ie+Roa� .. Ct Hillside Ct, 9p Schedule 1 Location Township qf Subject Lands Proud Heritage,Exciting Future 0 75 ITI File Number:2022-B-13 N I 1 1 1 Development Services May 4, 2022 Report No. DS2022-058 Page 15 of 16 Page 235 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Applicant's Consent Sketch lli LyT 2a � i LOT 25 ! f' LOT 1 � 1 + CONCESSION 4 h 5 � PART 4ILI I 's. \% PART 5 l` /. t L' Schedule 3 - Applicant's Consent Sketch _4655+ File Number 2022-B-1312022-A-23 Prond Heritage,Exeitiag Future Development Services May 4, 2022 Report No. DS2022-058 Page 16 of 16 Page 236 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Interme,diate Planner re:... 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Q C Ca Q Q O L 70 a) a) (� (an) C —(n NO� (a ca mc aL'Q � CaaE(n � a) Cz (n -0vi C co aO >, OOO o > On o1) 70 Ca S ) o O �U (1) a) C ca E ) o U co co C O a) L Q� � QUO cQ M Page 248 of 589 6J) 6.50 p.m. DS2022-058, Catherine McCarroll, Interme,diate Planner re:... 4 a) N A y � U O U O) O O 0 O C C w N , _0 M MC �+ N 0 M U L cy) c: L my O O O .a E- CL L 0 M LO a) O a) O �. L a� O L_ 70 .0 � a) U N O 0 � Q 0 a) a) c: � (U 0 � U co L U (6 U D_ � 0UQJ � V�� N O •C Q' M (n OE = EQO_ �N a) -0 O E 0 O c: � ° 4- � 0 a �- -O O U a) � ♦--' oN 0 0 c: o � M �. > W O (U O N o o O U O � LO 0- V CL Q � a) a) O = Q O Q O N NC: LL C }+ � 0- 1 c: a) Z Z W 4 (n (U 0U) 0 O �, O 0 � � � Za n' U) 70 U = c: a) a) M (D m q o (6 O � a -0 E O a) N '^ V, U O (6 O � (�6 >, U E � O a) (D 0 >, O a) O - O E N 7o � 'O � m `� U tLL E -0 NM 70 ((U O O U) (6 O U U r M � zo Q . U ou, a) o r a) E E N (D oiS m o � > � � > (06 00 �, O U O 70 a) � U M C N N � 0 00 � � � � ° O ° yam C� N `� •- Q FLU MU) chi. c N � � N � � E � � L � � � = mac U 04 p � ° � 0 QQ) � � a (1) � � o Q v o �� � U) ��_ =cu L � � � 0 _W U) (6 (U U) L a) U) VV Q U (6 2 �. O O U) Q D Q O O QU) OL L 00 i O Qa) Q � E O Q� N (6 (6 0-- M Q `> V H R H 0 < c) � H GHQ O (A _ () � O) L Id. Page 249 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2022-071 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # May 4, 2022 Minor Variance Application 2022-A-24 Roll #: Jeff McHardy R.M.S. File #: 4346-010-010-26300 20 Owen Road D13 60509 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-071 be received and adopted. 2. That Minor Variance Application 2022-A-24 by Jeff McHardy, specifically for permission to build a detached structure in the front yard, set back 2.43 metres from the front lot line and 1.2 metres from the east interior side lot line, with a maximum floor area of 71.3 m2 (70 m2 permitted) be approved subject to the conditions as outlined in Report DS2022-071. 3. The conditions are as follows: a. That notwithstanding Section 5.1 .3(a), 5.1 .3(d) and 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d. That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the accessory building is located no closer than 2.43 metres from the front lot line and 1 .2 metres from the east interior side lot line; and, e. That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 4,2022 Report No. DS2022-071 Page 1 of 22 Page 250 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 20 Owen Road, as illustrated on Schedule 1. An aerial view of the property and its limits is provided in Schedule 2. The property is currently occupied by a 115.94 m2 (1,010 ft2) detached raised bungalow with a rear yard deck. The property is accessed from one driveway on Owen Road. The subject property has an area of approximately 0.16 hectares and 45.72 metres (150 feet) of frontage on Owen Road. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Rural • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Shoreline Residential (SR) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing to construct a 71.35 m2 (768 ft2) detached garage in front of the existing dwelling, along the east side of the subject property. The existing dwelling and driveway will be maintained in their current locations and configurations. The drawing package submitted by the Applicant includes conceptual elevations that show windows proposed on the north and south side elevations, no windows or doors on the east elevation and doors on the west elevation. These drawings are included in Schedule 5. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1 . To permit the proposed detached accessory structure to be located in the front yard, 2.43 metres from the front property line, while the Zoning By-Law does not permit detached accessory structures to be located in the front yard. 2. To permit a minimum interior side yard setback for detached accessory building of 1 .2 metres while 2.0 metres is required. 3. To permit a maximum floor area for detached accessory building of 71.3 m2 while 70 m2 is permitted. Development Services May 4,2022 Report No. DS2022-071 Page 2 of 22 Page 251 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... The effect of this minor variance will be to allow for construction of a new detached accessory structure (garage) in the front yard of the existing dwelling with a reduced minimum interior side yard and maximum floor area that do not comply with the prevailing zoning regulations. 4. Zoning Review Table 1 includes a review of the applicable zoning standards and confirms the minor variances required. Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings, Where this By-law provides that land may • The proposed detached garage will Structures and Uses[By- be used or a building or structure may be have a smaller footprint and gross law 2017-0121 erected or used for a purpose,that purpose floor area than the existing single may include any detached accessory detached dwelling on the property. buildings,accessory structures or accessory • The proposed garage will be similar uses located on the same lot as the primary in height and built form character to use to which they are related.For the the existing dwelling. purposes of this by-law a retaining wall with • The proposed detached garage will a height of 1.0 metre(3.2 feet)or more is be incidental or subordinate to the considered an accessory structure and is main use of the property for a single subject to the provisions of Section 5.1. detached dwelling. 5.1.1 Uses Permitted in No detached accessory building or accessory • The plans submitted with this Detached Accessory structure shall be used for human habitation application show use of the Buildings and Structures or an occupation for gain,unless specifically proposed structure as a garage no [By-law 2015-1921 permitted by this By-law.A detached space is identified for human accessory building or structure is permitted habitation or occupation. to contain sanitary facilities,including sink • The plans also shown no sanitary or and/or toilet,outside an area susceptible to kitchen facilities that would flooding however kitchen facilities including facilitate use of the garage for such food preparation facilities or facilities for the purposes. installation of kitchen equipment are prohibited 5.1.3 Permitted locations Unless otherwise specified in this By-law, • The proposed detached garage will for detached accessory detached accessory buildings and structures, be located in the front yard of the buildings and structures in except boathouses,shall: existing dwelling and 2.43 metres all zones[By-law 2004- from the front property line(minor 063,2015-192,2017-0121 a)Not be located in the front yard. variance required). Notwithstanding this provision,a detached • The proposed garage will be located private garage is permitted in the front yard greater than 1 metre from the of a lot that abuts Lake Simcoe or Bass Lake existing single detached dwelling provided it is set back a minimum distance and detached structure on the equal to the required front yard for the main subject property and more than 2 building from the front lot line. metres from the rear lot line. Notwithstanding this provision,a detached . The proposed garage will be located accessory building is permitted in the front 1.2 metres from the east property yard in the Agricultural/Rural(A/RU)Zone line,which is less than the 2.0-metre provided it is not located in the required minimum zoning requirement front yard.Notwithstanding this provision,a (minor variance required). retaining wall with a height of 1.0 metres or Development Services May 4,2022 Report No. DS2022-071 Page 3 of 22 Page 252 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... more is permitted in the front yard in all Residential zones provided it is not within the required front yard. b)Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d)Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line.Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. e)Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres (49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached 3.95 m proposed accessory building or structure,except boathouses,is 4.5 metres(14.7 feet). 5.1.5 Maximum lot The maximum lot coverage of all detached 4.4%proposed coverage accessory buildings and structures on a lot, excluding boathouses,is 5 percent. 5.1.6 Maximum floor area The maximum floor area of any one The proposed detached garage will have a [By-law 2003-081,2017- detached accessory building or structure, floor area of 71.3 m2(767.5 ftz)(minor 0121 excluding boathouses,is 70 square metres variance required) (753.5 square feet).However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, Development Services May 4,2022 Report No. DS2022-071 Page 4 of 22 Page 253 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 2 are applicable to this application. Table 2 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e)promoting the integration of land use planning,growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns,optimization of transit investments,and standards to minimize land consumption and servicing costs; f)improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h)promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. 1.1.4 Rural Areas in Municipalities 1.1.4.1 Healthy,integrated and viable rural areas should be supported by: a)building upon rural character,and leveraging rural amenities and assets; b)promoting regeneration,including the redevelopment of brownfield sites; c)accommodating an appropriate range and mix of housing in rural settlement areas; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e)using rural infrastructure and public service facilities efficiently; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; g)providing opportunities for sustainable and diversified tourism,including leveraging historical,cultural,and natural assets; h)conserving biodiversity and considering the ecological benefits provided by nature;and i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3. Development Services May 4,2022 Report No. DS2022-071 Page 5 of 22 Page 254 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... 1.1.4.2 In rural areas,rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.4.3 When directing development in rural settlement areas in accordance with policy 1.1.3,planning authorities shall give consideration to rural characteristics,the scale of development and the provision of appropriate service levels. 1.1.4.4 Growth and development may be directed to rural lands in accordance with policy 1.1.5,including where a municipality does not have a settlement area. 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands,a planning authority shall apply the relevant policies of Section 1:Building Strong Healthy Communities, as well as the policies of Section 2:Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.5.2 On rural lands located in municipalities,permitted uses are: a)the management or use of resources; b)resource-based recreational uses(including recreational dwellings); c)residential development,including lot creation,that is locally appropriate; d)agricultural uses,agriculture-related uses,on-farm diversified uses and normal farm practices,in accordance with provincial standards; e)home occupations and home industries;f)cemeteries;and g)other rural land uses. 1.1.5.3 Recreational,tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available,and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. I have reviewed the development proposal and requested minor variances and I am satisfied that the application is generally consistent with the applicable policies of PPS 2020 for the following reasons: • The proposal and requested minor variances will maintain the existing low density residential character of the subject property and surrounding community while allowing for enhanced and efficient use of the subject property as a single detached dwelling. • There will be no adverse impacts to the rural character or natural heritage features of the subject property and surrounding community. • The proposal will utilize existing services and infrastructure and require no upgrades or extensions. Development Services May 4,2022 Report No. DS2022-071 Page 6 of 22 Page 255 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... • The requested minor variances for the detached structure will not result in height, massing or location that would adversely impact adjacent properties or public health and safety. • The location of the proposed detached structure allows for continued use of the existing driveway for access. • The proposed height and massing of the detached garage will be consistent and complementary to the existing dwelling on the subject property while also being secondary and accessory in scale to the dwelling. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 3 are applicable to this application. Table 3 - Policy Matrix (A Place to Grow — Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. 2.2 Policies for Where and 2.Forecasted growth to the horizon of this Plan will be allocated based on the following: How to Grow a)the vast majority of growth will be directed to settlement areas that: 2.2.1 Managing Growth i.have a delineated built boundary; ii.have existing or planned municipal water and wastewater systems;and iii.can support the achievement of complete communities; c)within settlement areas,growth will be focused in: i.delineated built-up areas; ii.strategic growth areas; iii.locations with existing or planned transit,with a priority on higher order transit where it exists or is planned;and iv.areas with existing or planned public service facilities; Development Services May 4,2022 Report No. DS2022-071 Page 7 of 22 Page 256 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... d)development will be directed to settlement areas,except where the policies of this Plan permit otherwise; e)development will be generally directed away from hazardous lands;and f)the establishment of new settlement areas is prohibited. 2.2.6 Housing 1.Upper-and single-tier municipalities,in consultation with lower-tier municipalities,the Province,and other appropriate stakeholders,will: a)support housing choice through the achievement of the minimum intensification and density targets in this Plan,as well as the other policies of this Plan by: i.identifying a diverse range and mix of housing options and densities,including additional residential units and affordable housing to meet projected needs of current and future residents;and ii.establishing targets for affordable ownership housing and rental housing; 2.2.9 Rural Areas 3.Subject to the policies in Section 4,development outside of settlement areas may be permitted on rural lands for: a)the management or use of resources; b)resource-based recreational uses;and c)other rural land uses that are not appropriate in settlement areas provided they: i.are compatible with the rural landscape and surrounding local land uses; ii.will be sustained by rural service levels;and iii.will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations. It is my opinion that the development proposal and requested minor variances generally conform to the applicable Growth Plan policies on the basis that the proposal represents enhanced and more efficient of an existing low density residential use and does not require any extensions or upgrades to existing services or infrastructure to support the proposed detached structure. The proposal is consistent with the existing low density residential character of the surrounding community and there will be no adverse impacts on agricultural lands, natural heritage, hydrologic and Iandform systems, features and functions. 3. Simcoe County Official Plan The subject property is designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. The subject property is not located in any of the following as designated in the Official Plan: Streams and Evaluated Wetlands; Areas of Natural and Scientific Interest; Wellhead Protection Areas and Surface Water Intake Protection Zones; Highly Vulnerable Areas; Significant Groundwater Recharge Areas. On the basis of my review of the specific policies of the Simcoe County Official Plan provided in Table 4, it is my opinion that the proposal for the subject property and the requested minor variances maintain the general purpose and intent of the County of Simcoe Official Plan on the following basis: Development Services May 4,2022 Report No. DS2022-071 Page 8 of 22 Page 257 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... • The use, size and scale of the proposed detached structure (garage) will be "accessory" in nature relative to the existing single detached dwelling and will be in a location that is appropriate for access from the existing driveway and dwelling, as well as to mitigate any impacts to surrounding properties. • The detached structure provides appropriate rear and west side yard setbacks and complies with the maximum permitted height. • The reduced east side yard setback will be mitigated by the adjacent property being vacant with no structures or sensitive uses. • The east side of the subject property is currently used for parking, including the area of the proposed detached garage, which will be continued under the development proposal. The detached garage will provide for more orderly location and screening of parking from the abutting property. • While the proposed detached garage will be located in the front yard and 2.43 metres from the front lot line, only a portion of the detached structure will be located closer to the front property line than the existing dwelling. Based on the plans provided by the applicant, the detached structure will be 9.75 metres long and be set back 2.43 metres from the front lot line, resulting in a rear wall that is 12.18 metres from the front lot line. Since the existing dwelling is set back 7.92 metres from the front lot line, approximately 4.26 metres (44% of total depth) of the proposed detached dwelling will be located behind the front face of the existing dwelling. • The proposed floor area of the detached structure is only 1 .3 m2 (1.6%) larger than permitted and will be of height and built form character that accessory to the existing dwelling and compatible with the subject property and surrounding community. • The proposed detached garage will not adversely impact any existing natural heritage characteristics on and adjacent to the subject property or result in public health and safety concerns. The proposal will also have no adverse impacts on the existing character of the subject property and the surrounding community. Table 4 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; Development Services May 4,2022 Report No. DS2022-071 Page 9 of 22 Page 258 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy The planning strategy of this Plan is based on four themes: 3.1 Strategy • Direction of a significant portion of growth and development to settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry, aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.7 Rural Objectives 3.7.1 To recognize,preserve and protect the rural character and promote long-term diversity and viability of rural economic activities. 3.7.2 To encourage maintenance,protection,and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas. Policies 3.7.3 Lands in the Rural designation shall be the focus of rural and agricultural land uses. 3.7.4 The following are permitted in the Rural designation: a)those land uses permitted in the Agricultural designation; b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. 3.7.10 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. Development Services May 4,2022 Report No. DS2022-071 Page 10 of 22 Page 259 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... 4. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 5 addresses the applicable policies. It is my opinion that the development proposal and requested minor variances maintain the general purpose and intent of the Official Plan for the following reasons: • The development proposal and requested minor variances will have no impacts on natural heritage or rural character and features on the subject property and the surrounding areas; • No new services or infrastructure are proposed to support the accessory structure; • There are no wetlands or Provincially Significant Areas of Natural and Scientific Interest located on or adjacent to the subject property; • The proposed structure maintains the built form and land use character of the subject property as a single detached dwelling, which is consistent and compatible with the surrounding community; • The location of the detached structure in the front yard and 2.43 metres from the front lot line is mitigated by 44% of the depth and floor area of the structure being located behind the main wall of the existing dwelling. The structure is also located in an area of existing parking with convenient access to the driveway. • The reduced east side yard of 1 .2 metres will be mitigated by the adjacent property being vacant with no structures or sensitive uses that would be impacted by the proposed structure. The east side yard is also currently used for parking purposes, which will be continued under the proposal with the opportunity for the detached garage to more efficiently accommodate parking activities. • The proposed floor area of the detached structure is only 1 .6% larger than currently permitted and the increase in floor area will be mitigated by rear and west side yard setbacks that significantly exceed the minimum requirements and the lot coverage of the detached structure being only 4.4%. The proposed building height and character is also consistent and compatible with the existing dwelling and the land use and built form character of the surrounding community. Table 5 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES It is the goal of this Plan to protect and enhance significant natural heritage features A2.1 Natural Heritage and related ecological functions in the Township. A2.1.2 Strategic Objectives Development Services May 4,2022 Report No. DS2022-071 Page 11 of 22 Page 260 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character A2.5.1 Goal It is the goal of this Plan to protect,maintain and enhance the natural, agricultural and open space character of the rural area. A2.5.2 Strategic Objectives b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. A2.6 Growth and Settlement a)To direct the majority of new residential growth to settlements. d)To encourage the more efficient use of land in settlements,where appropriate. A2.6.2 Strategic Objectives SECTION C5—SHORELINE C5.1 OBJECTIVES •To maintain the existing character of this predominantly residential area. •To protect the natural features of the shoreline area and the immediate shoreline. •To ensure that existing development is appropriately serviced with water and sewer services. C5.2 PERMITTED USES Permitted uses on lands designated Shoreline on the schedules to this Plan are single detached dwellings,existing marinas,small scale commercial uses such as convenience stores,public parks, bed and breakfast establishments subject to Section C1.3.10 and home occupations. 5. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Shoreline Residential Zone (SR)", which permits single detached dwellings and accessory buildings/structures. This minor variance application will facilitate construction of a proposed detached accessory garage in the front yard of the subject property that exceeds the maximum permissions for floor area and the minimum east interior side yard setback, but complies with requirements for maximum height, maximum lot coverage and minimum rear yard setback. The impact of Development Services May 4,2022 Report No. DS2022-071 Page 12 of 22 Page 261 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... the proposed detached structure is also mitigated by the vacant property to the east and a significant portion of the detached structure being located behind the main wall of the existing dwelling. It is my opinion that the proposed detached structure is accessory to the existing single detached dwelling. The proposed structure is smaller in floor area and lot coverage than the principle dwelling and will provide parking for residents of the dwelling in a location that currently provides surface parking and is directly accessible from the existing driveway. The application and plans indicate that the structure will be used as a garage only and there is no indication that this space will be used for human habitation or business purposes. For these reasons, it is my opinion that the proposed detached garage satisfies the definition of "Accessory Building or Structure" under the Zoning By- Law as it will be "naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot". The requested minor variance for maximum floor area will result in a structure that is smaller than the primary dwelling and will serve the purpose of parking vehicles directly related to the primary use. The floor area will also exceed the maximum permitted by only 1 .6% and be less than the maximum permitted lot coverage. The result will be a detached structure that is smaller in lot coverage and floor area than the principle dwelling and uses that are accessory to the residential use in the principle dwelling. The additional floor area is mitigated by significant rear and west side yard setbacks and built form that is consistent and compatible with the existing dwelling and the surrounding community. The requested minor variance to permit the detached structure in the front yard, 2.43 metres from the front lot line and 1.2 metres from the east interior side lot line, will result in approximately 44% of the structure being located behind the main wall of the primary dwelling. In other words, just over one-half of the structure will be located in the front yard. The proposed garage location is currently used for surface parking, which will be maintained through the proposed detached structure. It is my opinion that the requested minor variances maintain the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) Development Services May 4,2022 Report No. DS2022-071 Page 13 of 22 Page 262 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variance will facilitate construction of a detached building that is accessory to the principle dwelling on the property. The detached garage will be smaller in floor area and lot coverage than the primary dwelling. The garage will be located in an area currently used for surface parking, with nearly one-half of the structure located behind the main wall of the existing dwelling. The use of the proposed structure for these purposes will result in no human habitation or business uses and is incidental and subordinate to the dwelling. The development proposal and requested minor variances will have no impacts on the rural character and natural heritage features on or adjacent to the subject property. Overall, the existing character of the subject property as a single detached dwelling is maintained and the potential for adverse impact on adjacent land uses associated with the minor variances proposed to the zoning regulations will be mitigated. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The proposed detached garage is an "Accessory Structure" set out under the Zoning By-Law. The proposed location, height, lot coverage and floor area of the accessory structure, in conjunction with the proposed garage use, will maintain the existing built form character on the subject property and will implement the general purpose and intent of the Official Plan. Are the variances desirable for the appropriate development of the lot? Yes. The minor variance will maintain the general purpose and intent of the Official Plan and Zoning By-Law and facilitate construction of a detached structure that is subordinate or accessory to the existing single detached dwelling. The existing built form character and use of the subject property for a single detached dwelling with accessory structures will be maintained and will be compatible with the surrounding community. Moreover, the proposed structure will facilitate more orderly and functional use of the subject property as single detached dwelling without adversely impacting the residential character and natural heritage features in the community. Are the variances minor? Yes. The requested floor area is subordinate to the primary dwelling on the property and only 1.6% greater than currently permitted. The lot coverage of 4.4% is also less than the 5% permitted. The location of the structure in the front yard, 2.43 metres from the front lot line and 1.2 metres from the east interior side lot line, is a location currently Development Services May 4,2022 Report No. DS2022-071 Page 14 of 22 Page 263 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... used for vehicular parking and conveniently accessed from the existing driveway. Approximately 44% of the detached structure will be located behind the main wall of the existing dwelling, as opposed to the structure being fully within the front yard. Moreover, the adjacent property to the east is vacant with no structures or sensitive uses that will be impacted by the proposed location and setbacks. The proposed floor area and footprint of the detached garage are smaller than the primary dwelling and will serve a vehicle parking function that is directly related to the dwelling. There will also be no activity generated by such uses are human habitation or business operations. The proposed structure will be located in an area that minimizes impacts to natural heritage features and existing land uses in the surrounding area. Finally, the minor variances will not result in adverse impacts to the existing uses and built form character on the subject property and in the surrounding residential community. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Development Services May 4,2022 Report No. DS2022-071 Page 15 of 22 Page 264 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... • Township Building — Building Division has no comment at this time. • Township Development Engineering — No objection. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. • Township Operations — No comments. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2022-A-24 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services April 27, 2022 Andria Leigh, Deputy CAO & Director Development Services April 27,2022 Development Services May 4,2022 Report No. DS2022-071 Page 16 of 22 Page 265 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... vasgvRa T 5 14 7 �� N 13 8 -Mnanslrnn II Rd. 7 16 a se 'oe_va ely 18 17 1 9 Itl•BarrieRA. 20 19 12 13 Nrae J 11 Rid9R R = 22 4 21 14 16 � � Q 4 13 4 41 15 16 U 24 23 16 a � 15 26 C7 V 22 25 20 F21 4 6 22 28 27 19 24 8 10 12 12 14 16 12 2 3 14 16 20 26 Myrtle Ave. _ 5 5 g ow�'h Rq 24 15 19 28 17 9 11 30 7 70 23 36 g 11 11 66 68 N. 3 25 13 64 8 60 P.tle' 4 C,0 5 27 29 31 33 fey Sian m 7 54 73 75 8 9 Bg 71 01 63 65 67 L 59 61 18 20 80 �aKe 104 more proMe��de 62 Lake Simcoe Schedule 1 Location Township of Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2022-A-24 N Development Services May 4,2022 Report No. DS2022-071 Page 17 of 22 Page 266 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... ^r�Vas -Rd .T -IIIIMoII�TV lllnsJtJnq•R,,.tlJJ.- TrseshaE•Val y S Id•a i-Rd. C A Y -f♦ i - N_ a m Schedule 2 Aerial Photo T, h� of C Subject Lands Proud Heritage,Exciting Future 0 20 M File Number:2022-A-24 N 1 Development Services May 4,2022 Report No. DS2022-071 Page 18 of 22 Page 267 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos i Owen Road Looking West from Subject Property Owen Road Looking East from Subject Property ;at Existing Single Detached Dwelling Existing Single Detached Dwelling and Septic Bed Location Development Services May 4,2022 Report No. DS2022-071 Page 19 of 22 Page 268 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... X Existing Driveway and Proposed Garage Location Location of Proposed Detached Garage Schedule 4: Site Plan ekskmg ilY 1 � .4 ('9' ` fl. a�t ""IO {4 1 �. 24 M32 ... drivewCy xey ter_ J GENERAL NOTES ALL 9 K AM SWUM MM F(qA�MAkIC.HIRE ~ OdFIM AS Mq 91[IEA9F671F1143 ML fEF4ARLE1flS AI6 AOPR�IFIE N fFLI INO NOES. -0 l Nl Rw ONOkIEM E6OIE dIFE] CD"T /''� IF AI[T CAl V �C31�G M�S 4F 7T 6 0 W.A W 6HU aRENTIAW LOT AREA PHiHI. -n133 n A _ OU 9*V NAIa-'M!W A !.$A 6 N STNK➢FES-MU q.h{I&q Development Services May 4,2022 Report No. DS2022-071 Page 20 of 22 Page 269 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings -r -__---------- -----=------= Ak Y 1 I k I I I I p 7 I I Y I I V ! I I E i 1 a�LLa1LL ! I 7 I ! i I I 1 I I t 1 I 14 1 I 4 4 1 I ! R k I E9SJNQAT1ON PLAN i ,v P. I�I S-0' 'I'd 4d Y 1 sev M i e t GARAGE PLAN 127/4 � L'J �� T—C o = ]NEST ELEVATION NORTH ELEVATION ,r •ei air e EAST ELEVATION SOUTH ELEVATION — I 3 or/ Development Services May 4,2022 Report No. DS2022-071 Page 21 of 22 Page 270 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... +� w�a+0.0sr�nyi0xvr� t'1� 7 1 iifs +ruFwH s T ANO FAQA '� SGIVC m R Of1E1-/!M er aiAm �., �-� 71'-tr' �/s'we ExMERM 9ERRRM4 -rwElt xpq�IAv 1w•"'" 9LUdi71C -r OC I(Y DwiER AMMMs plAly' I M UW MCA 18. a-C2 i Td N 5 Ira nxrMoan% MYIMY�ANf2A BE1rSER`TF➢3 uFAw Ar Mp6ian flNW 7 BUILDING SECTION a El4GkNEMEO PRODUCTS - GETlFRAL NOTES O �A1ipp{FAE➢WXO A1dl�6fs IAL Oo o[SOEU RT A 1.ArIT'A11;9>E WV-M9 A14 DWon *d% AR V y QU-m-E - 0M.Wb011 6 AYY I OIYf, 5 N p ]..F-6g5 ofNG®ML A GMK IEMSCnTATM OAT, cC*dY �wm• ALNAC 1>ItlM4S N H CEIERWMFO 9Y RR L�IeAR ••.. . �3 L a.ARp aK T IIGSIVIE �TIA'EfA-000 AVp ttn�tEte A4e '�C A�coMrAcr wrx ma WD uo. I� � 5.--0m SrKA4I AT�R ut w ws91M.Au M.R7ws g VXF-OM 1 C Y MAIM MC NTM 9An vm la. WR M VF=AT M OF- T AeP11CAROT. ` OF 4 Development Services May 4,2022 Report No. DS2022-071 Page 22 of 22 Page 271 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... > k CU ^ 17 Q ; N O N O C6 �CL NO CZ � Q � N U _0 a — Ca C6 ° (n a) .�CU � a) _0 (D a) o 'in > 3 .� � p C) 10� C . . U) a N O U Page 272 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planwning Consultant ... 4 T � ff� �\ 0 0 CO O CU 0 .� U � � U O (6 = 4- lO T 0 O a) a� N o -0 O 0 (V a07 }, _ U00 N U a) O _ a � �' O o o -0 a) OU C � o E C6 c0i 0 � -- -0 °' cn 7 � U M to U Cn N U U) 0- •_ }, N Q M -0 Q Q CO OL N OL N OL O 0 N to D_ ) ti Q U -0 a _0 v O >% a) Q Q o a) 70 70 L i-� U .� O � a) 4-0 � O LO R CU M L N a)U � a) (� 70 �, o 0- a) 4Cn LO E E ri �- � L a� r- O a - X �. �. � a) O mCO cv? O (n 0) � N LO a) N LO N (� L V •— O :3 -0 O E O : U CD (U O a) ItZ W � 04 ( � ti a � N 0 U) C/) Page 273 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planwning Consultant ... w � w i I > ec T� CU 1 U � I N o Q N N i i O U �p Ave. F elm�pe5�de CL CL W U C6 .L— C6 O � o •- o a L Q Page 274 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... /rr1 rJe 7 Jaa L TCUtin CU r O � � Y N � O � ' N 1 A CL CL Q a� U C6 . . � ca C6 a O Cn ca v CL CL Q Page 275 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... �4 �I c� th Io-F •h•-F 5U Yv c-x yl o-x rj gu 0 Nz Y yay r I� N 0 N ®o Oo N O U rx rJ rF ✓-t Ct CL y W � ------------------ i CL I p I I I I I II I I I • I tl.-II I I I I Qj---------------- ----------_-j_ Page 276 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... �4 AAA T� 1 N N � Om Ng Ca 4 i Z C i d �\ =� Q m U v C6 CU ca � L O G � V Q Q Q Page 277 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planwning Consultant ... 4 1 f fi A N Y Q N _0 N a) O }' N o QL O C6 U a) Q O CL z Q (D CU 4ZIR N@I •� ''� I O •qua w. - -_ N x�Np 04 N - F $ C >_ v o O ' .Q 0 a J N N _� N o Q a a 01 C O fB Page 278 of 589 rY • { 1 — r a✓ F, w� I/ • • • x � k,4- ! yip S i • 1 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planwning Consultant ... i _0 0) o 0) -0 _ 0) I I N N O N O CO U CZ CZ Q N U CO (6 +> ICU L. 0) CY) CY) - =k UJ -0 Page 280 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planwning Consultant ... ® 4 aj 00 4��4 YA O L a CU _ Q O O CU C G O Co 4-0 CU O Q • N N O N O C6 U CZ CZ Q _0 1 i, fi§ rig ii... 1 =7� p$ ky9�b CU CU 0 >CU CU _O CU -0 0) ._ 0) -0 O +-� to O W O QL Page 281 of 589 6.g) 7.00 p.m. DS2022-071 , Michael Barton, Township Planning Consultant ... �4 AAA O ° cU > CCU w O �O -) O o C O 0 L W O L O O C O U �+' a) N o `. � N 7 .- E o E a � '� o o U 3 — OCU 7 (n In CU (B "J Q C L O o a o E "= _ca U .-� E U >� L OL CU CU No +J E S O N O C U r L 'L Q C C CU a) 0 o ° ° O L a o .� N O U Q +- N o U C O) o Q 0 p U .O C L In o C o N D O N CU >' � W o ) c _ C U N C � Q ) � °? z � ?j 7 ° L L L CU � O C L C O O U O E L 'e L � O O_ O L 8- (6 -C E C a) Q a) m T N O CU U O N N c QU E L a) cam) C o C: ° o O �. >. C) C: In Q L � o .� C OL o 0 O >�0 a) (6 Q Q ca - � W I C d w ._ CU .-•� Q � >+ o dam - � � }� E O o (B (B > 7 L ° O o m ca V Q-0 C �w .. Q.. C a�i C rn C o >, a 0) .� o c C C - w ca O U o U1 'c ,� c — W O) o ai C CL CU N o ca c C ) ca a)= N O C C (B —_ N (n c a) ^.rrn- rn V) L - C 2 a) C C a)C — CO C MO EQ(B C CU ca o c - a � LW o 0 U O N O 3 <M ° J > � U C�. L O o a) N " N N U w U L (B 3 (B o •� +' Q U N > C �,_ a) U N O • E Q U Q U U C: "- .- C a) a - ■ ■ O (B a) Q (B .0 (B (n •2 6 E O a) > 0 a) vi U ca C: O N UQ� C CU O U � p C � p E IO N Q � � a- � 3oa) .TE -0 ■ O Q C O O O Q °Oaa) V) ( V) O � a) E ° ° � °�a)� � a) o CU O O CAN Q U (B Q (B C O) C (B L Q _ z (B U'le E C C �' 7 C U C O) C c (B 5 O Q a) C C (� c6 0 Ea) O LO - �' CU CU E ca Q 0 a) ca >' C (1) (1)N C � UH wHsH � � — H O — E a - CU CU CU -0 CO o (B U a) C O ° � � a � C� a) A� N M 4 Page 282 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-059 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # May 4, 2022 Minor Variance Application 2022-A-25 Roll #: Dawn & Wayne Gorecki R.M.S. File #: 4346-010-002-16260 4 Pod's Lane D13 60510 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-059 be received and adopted. 2. That Minor Variance Application 2022-A-25 by Dawn and Wayne Gorecki specifically for permission to build a detached accessory building (gazebo) with a reduced interior side yard setback of 1.4 metres (4.6 feet), on lands municipally known as 4 Pod's Lane, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-059. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 (d), the proposed detached accessory building (gazebo) shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building (gazebo) be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the gazebo is located no closer than 1 .4 metres (4.6 feet) from the interior side lot line; and, e) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 4, 2022 Report No. DS2022-059 Page 1 of 9 Page 283 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... Background: The subject property has a lot area of 0.18 hectares (0.46 acres), according to MPAC records, and contains a single detached dwelling, 9.0 square metres (97.0 square feet) shed and swimming pool. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build a detached accessory building (gazebo). The applicants are seeking relief to the following section of Zoning By-law 97-95: Section 5.1.3 d — Minimum interior side yard setback for an accessory buildin Required: Proposed: 2.0 metres 6.6 feet 1 .4 metres 4.6 feet The applicants' site plan and elevation drawing are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1 .1.3 — Settlement Areas is applicable to this application. Specifically, Section 1 .1.3.1 speaks to settlement areas being the focus of growth and development. 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) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 Managing Growth is applicable to this application and states that settlement areas should be the focus of growth. This section has been reviewed and Planning Staff are of the opinion that the proposed detached accessory building conforms to the policies in the Growth Plan as the lands subject to this application are already within an established residential settlement area. County Official Plan The property is designated Settlements in Simcoe County's Official Plan. The Settlements designation is the focus of population growth and seeks to develop a compact urban form that promotes the efficient use of land. In Planning Staff's opinion, Development Services May 4, 2022 Report No. DS2022-059 Page 2 of 9 Page 284 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... the proposed detached accessory building is consistent with the County's Official Plan as it is accessory to the existing permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are located in the Rural Settlement Area of Horseshoe Valley and are designated Low Density Residential in accordance with Schedule D — Horseshoe Valley, which forms part of the Township's Official Plan. Permitted uses within the Low Density Residential designation include single detached dwellings and by extension accessory uses including detached accessory buildings. Therefore, the requested variance pertaining to the construction of a detached accessory building (gazebo), accessory to the existing residential use, is considered to conform to the Township's Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97- 95. According to the Township's Zoning By-law, an accessory building is permitted pursuant to Section 5.1 . The proposed gazebo complies with the height, lot coverage and floor area requirements. The applicants have requested relief from the Zoning By- law to permit the construction of a detached accessory building with a reduced interior side yard setback. The Zoning By-law's requirement for a minimum interior side yard setback of 2.0 metres (6.6 feet) is intended to provide spatial separation between residential properties, as well as provide space for access and maintenance around buildings and structures. The applicants are proposing an interior side yard of 1.4 metres (4.6 feet) which, in Planning Staff's opinion, is adequate space for maintenance and access around the building as it maintains spatial separation between the subject lands and the neighbouring property. For the reasons outlined above, Planning Staff are of the opinion that the proposed variance meets the general intent and purpose of the Zoning By-law. Development Services May 4, 2022 Report No. DS2022-059 Page 3 of 9 Page 285 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed gazebo would have a minimal impact on the adjacent landowners as there are two fences (a wood privacy fence and a chain link fence) along the interior side lot line and there is a row of tall trees on the neighbour's property, along the property line, which will screen the gazebo from view. Furthermore, the applicants will still have access to the backyard on the other side of the gazebo, should they need to bring in any large machinery to the rear of the dwelling. For these reasons, Planning Staff are of the opinion that the proposed variance is considered desirable development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed detached accessory building (gazebo) is not anticipated to have an adverse impact on the character and appearance of the neighbourhood. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate Development Services May 4, 2022 Report No. DS2022-059 Page 4 of 9 Page 286 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. A letter of support was received from the neighbours located at 3 Pod's Lane. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. An Engineered Lot Grading Plan (ELG) shall not be required for this project. • Township Infrastructure and Capital Projects — No Comments. • Township Building Division — No comments at this time. A Building Permit will be required prior to construction of the gazebo. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Elevation Drawing Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-25 be approved, specifically to permit construction of a detached accessory building (gazebo) with a reduced interior side yard setback of 1.4 metres (4.6 feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, an represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services April 26, 2022 Andria Leigh, Deputy CAO/Director Development Services April 26, 2022 Development Services May 4, 2022 Report No. DS2022-059 Page 5 of 9 Page 287 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... Schedule 1: Location Map T J .'u 7 63 26 25 65 23 24 abb �ier�n�. 67 21 Id r 69 22 e 17 0085 "1-1 20 19 �Oi idgs. Read��- 18 15 18 17 46 16 13 0085 44 11 16 15 14 W `1 42 12 9 13 14 43 38 10 7 36 8 Ops 5 12 11 41 j 34 6 10 9 39 32 3 4 37 30 8 7 35 1 28 33 6 5 26 31 Q,p 1 3 29 IN�d 18 15 8 1- 0085 27 1 14 25 12 23 21 19 10 17 15 1 13 11 6 G,h q 3 o� e 11 �Ut�h 2 4 9 S s a 5 2 4 6 a a 1a 12 14 Schedule 1 Location ®Subject Lands Proud Heritage,Excileng Future 0 100 M File Number:2022-A-25 Q I i i i I Development Services May 4, 2022 Report No. DS2022-059 Page 6 of 9 Page 288 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... Schedule 2: Aerial Photo 7717 -Maoneltooe Ad. T piseY''�mV Ile Rd. � y �9 R*ad .M N a 0 a ti Schedule 2 Aerial Photo "Township of Subject Lands Proud Heritage,Exciting Future 0 2a m File Number:2022-A-25 N I 1 Development Services May 4, 2022 Report No. DS2022-059 Page 7 of 9 Page 289 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Applicants' Site Plan ORO-M CDOi11Z, POP oNC Ly05)63f-Oa74, P f31S?R.�Gct fRo./'� CDs �Qz�1io ya tEPf1c�,puN 2S 1EP�I E �FP $ G.4LEBo ra f4ef $o t pyap�sPd PzEao V, ptKv y f1�F�!I��CF To 6a FRw� 3.g�, 0 60 II d c �EBv n J�! 6fa RIC. r�t'ric O 'er � �aL Ta C C � w E 4 s -�to Schedule 3 Applicant's Site Plani File Number 2021-A-25 Proud Heritage,Excitia,Q Future Development Services May 4, 2022 Report No. DS2022-059 Page 8 of 9 Page 290 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Elevation Drawings wily 6 4OA6Eck! 4 PODS " ago-AeLVV7t eoL?Go 90rrc-hiyveo-�1L73y �as �co,cg W3-- 0'35 0;204- A—e RpoF W000 fquff Ce/1 SC4If .f .�lJi.t44p o � /-t Cf P� L EG FL,4TE w�LA�'.p So OA1 607_�IaM c 4 g r r�, �BF � Schedule 4 Applicant's Elevation Plan 0 T File Number 2021-A-25 Proud Heritage,Excitia,Q Future Development Services May 4, 2022 Report No. DS2022-059 Page 9 of 9 Page 291 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... y4 \ / >. I ecw' LO Q O N O Cu U Q I C U � a) � o — ca 'L_ c _ a a Cu cu U) U) L O F O n 7 _ � ■� U >o � V � N rz O ° C� Page 292 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re-... 4 1 A O) M // ?c 0) IN �= U N o 0 L_ U 0 (D U U (� O � ' cu •� Q a) o �, o N -0 o � N cU a) a� N M •� O O O a) cn `• � — 0 Cu o U QE .— •� voi CL OL _�e 72 CL 0a Q U) a� _0 N L_ cn U cU o 4-0 . . .cu cu cu a cu> a) E � Q a) E :� O a)CU c) M a I � `~ ._ cu - co .� co . . Ln M I.-I ^ - to L N o E L) a) o aCU cn L N Page 293 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... w vZ 4-Pod 4 U N O • L / N O F - N O �L u Q_ CL Q N U C6 .L_ Cu O • • o a L Q Page 294 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... A- �I 77 k a � °w 4 y jpr boo � N N N ' y o Q y b M h333 tt� �4 H Op "Y .w¢ MN°cY F�nfLd cu U Q_ CL Q (D U C6 . . •L_ r. Cu M > a O '— c ) ca r, M CL Q Page 295 of 589 6.h) 7.10 p.m. DS2022-059, Catherine McCarroll, Intermediate Planner re:... l C- 1T CCC x U N O ° .,r A h 2 JAW Z � f M NNA � w cu 0 O a h U � V 0 w l.L o o 2p � L � 1 M •— > O W ca v M CL Q Page 296 of 589 6.h) 7.10 p.m. DS2022 059 Catherine McCarroll, Intermediate Planner re:... 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"N � � E Q ° L cu o2 a)O c '5o E —0rn Q _ cnoL y+ a) -0 N — O (1) U cv Cj cu 1 �1 O cnU a) ~ O � N 1 , 0 L C .=" O)•L L O L N C � U E � CQU) U ns i cn 0 � C) a) Q� o ° N O C L 0 0 O c " � ?f 0 L N �� OCO a) � 0 � � N C Q c6 Q (6 L U O -0 (6 O cu a) Q a) t5 U O �. � � CU � `0a) cv �' >, QE La) o — Q a) cn c -0 L 6a) O�� o c -v cuo LL1 C.) 4- 70 U 70 N a) � O � � O `� =3 cn a 4- E cn =3 O N V j>, cn O a) O cn O 0) >, O L cn C CA () a) C a) U +r N a-C L� U a) a) LO) >' a) c6 -r- cu O) to L c O : 4-- 0 cn p a)(n N N O cu c � cn cn L � O C C 0_0 cu i O a) m cu 5 O C R C 0 Q Q C d �, c6 Q O W ^_ ^ L • O - c6 cn >c6 C OO — U cu LO N cJ > U rn pO 0 -0 co N V 0 C a) Na) L U Q U L c6 � N a) U L C C , M M O�— 0 U N N NN Fu O O � N (1) 0) L C •ti •- pL a O U CU 'E cu oO np CU`u t aU) t N > L) � C °O N Q a) — Q 70 — � (6 cn a) cuO O cha) cn J Q0 Q Q 4 a) cn O ° OCL �� U cu � c� = Q U Qc6 � � � � QQcQ prn cu -0 O O �Qo . a) � — a) � Q zcu � cc • rno - O cuC � U) � ate) o Lea) t cu ESQ a) cu O 0' CU -0 � - o � � a) cn � off oH � H � H -0 0 •53 70 cu Ea)cn 6 U cu _-aU N O E cu cu U a) O c6 0- Q U A+ N N M Page 301 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2022-066 Committee Andria Leigh, Deputy CAO/Director, Development Services Meeting Date: Subject: Motion # May 4, 2022 Consent Application 2022-B-18 & Minor Variance 2022-A-26 Roll #s: Stephen Moro & 2618636 R.M.S. File #: 4346-010-007-34900 Ontario Ltd. D10-60514 & 4346-010-007- Concession 3 S Part Lot 28, D13-60511 35000 Reference Plan 51 R-2511 Parts 1 and 2 (Oro) 1244 & 1250 Line 3 South Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-066 be received and adopted. 2. That Consent Application 2022-13-18 by 2618636 Ontario Ltd., to permit a boundary adjustment having a lot frontage of Approximately 7.6 m (24.9 ft.), a lot depth of approximately 9.87 m (32.4 ft.), and a lot area of approximately 58.26 sq.m. (627.1 sq.ft.) to be added to the property located at 1250 Line 3 South, be approved subject to the conditions as outlined in Report DS2022-066. 3. The conditions are as follows: a) That the severed lands be consolidated with the receiving lands at 1250 Line 3 South and that the provisions of Section 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 1250 Line 3 South, the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That all municipal taxes be paid to the Township of Oro-Medonte. Development Services May 4,2022 Report No. DS2022-066 Page 1 of 19 Page 302 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... c) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. d) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. e) 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. f) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2022-A-26 by Stephen Moro, specifically to permit a boundary adjustment through Consent Application 2022-B-18 from 1244 Line 3 South to 1250 Line 3 South in order to allow for an addition to the existing boathouse with a maximum height of 7.77 metres (25.5 feet) above the elevation of the average high water mark of Lake Simcoe be approved subject to the conditions as outlined in Report DS2022-066. 5. The conditions are as follows: a) That notwithstanding Section 5.6(c), the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed boathouse shall not be used for human habitation, commercial purposes or for a home industry; d) The required permit shall be obtained from LSRCA prior to any development or site alteration taking place; e) A Shoreline Restoration Plantings Plan be prepared and submitted to the satisfaction of the LSRCA; f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 6. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 4,2022 Report No. DS2022-066 Page 2 of 19 Page 303 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Background: The lands proposed to be severed, retained and merged are located on the west side of Line 3 South on Lake Simcoe. The lands to be severed through Application 2022-B-18 are vacant and are proposed to be merged with the abutting property to the east, being 1250 Line 3 South, which contain an existing dwelling and boathouse. The retained lands also contain a single detached dwelling. The applicants have requested this boundary adjustment in order to construct an addition on the existing boathouse located on 1250 Line 3 South which continues to provide a setback to the new property line. Surrounding land uses predominantly consist of shoreline residential uses to the east and west (Refer to Schedules 1 and 2). Consent Application 2022-B-18 The purpose of Consent Application 2022-B-18 is a boundary adjustment/lot addition from 1244 Line 3 South to 1250 Line 3 South in order to provide additional land area for an addition to the existing boathouse with the appropriate setback to the interior side property line. No new lots are proposed as a result of the boundary adjustment/lot addition. The details of the Consent Application are shown in the table below: Lands to be Severed and Lands to be Retained (1244 Line 3 merged with 1250 Line 3 South: South): Frontage: Approximately 7.6 m 24.9 ft. Approximately 29.5 m 96.78 ft. Depth: Approximately 9.87 m (32.4 ft.) Irregular Area: Approximately 58.26 sq.m. (627.1 Approximately 1.17 ha (2.9 ac.) s .ft. Use: Residential Residential The applicant's consent sketch is included as Schedule 3 to this report. Minor Variance Application 2022-A-26 The lands are also the subject of a related Minor Variance application 2022-A-26. The applicants are proposing an addition to the existing boathouse and are seeking relief to the following section of Zoning By-law 97-95: Section 5.6 Boathouses Maximum Height above the elevation of the average high water mark of Lake Simcoe Required. Proposed: 4.5 metres 14.76 feet 7.77 metres 25.5 feet Development Services May 4,2022 Report No. DS2022-066 Page 3 of 19 Page 304 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 1 .1.5 - Rural Lands and Section 2.1 — Natural Heritage are applicable to this application. The type and density of development on these lands has already been established and will not be changing as a result of the boundary adjustment. No new buildings or structures are proposed as part of these applications and the boathouse addition is located on lands that are already cleared; therefore, no adverse impacts are anticipated on the natural heritage features as a result of the boundary adjustment. Based on the above, Planning Staff is of the opinion that these applications are consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed boundary adjustment is consistent with the Rural Areas policies in the Growth Plan as the boundary adjustment does not represent "development" as defined by the Growth Plan. Section 4.2.2 Natural Heritage System has also been reviewed by Planning Staff with respect to the proposed boundary adjustment and variance applications. The Natural Heritage System policies regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). Since the proposed boundary adjustment does not represent `development' as defined by the Growth Plan, these policies do not affect this application. Based on the above, Planning Staff are satisfied that these applications are considered to conform to the policies of the Growth Plan. Lake Simcoe Protection Plan (LSPP) Portions of the subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA) due to the proximity to the Lake Simcoe shoreline. The LSRCA was circulated the subject application and provided comments dated April 25, 2022 (refer to Schedule 6). In their letter, the LSRCA indicated that a Shoreline Hazard Assessment was completed and approved by the LSRCA in December 2021 regarding the existing Development Services May 4,2022 Report No. DS2022-066 Page 4 of 19 Page 305 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... boathouse and proposed addition. Based on their review of these applications, they determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County and local plans. On this basis, LSRCA has recommended approval of this application subject to the following conditions: • The Owner shall provide payment of $525.00 to the LSRCA as per our approved Fee Schedule for review of these Consent and Minor Variance Applications. • That the Owner shall prepare and complete a Shoreline Restoration Plantings Plan, to the satisfaction of the LSRCA. Please contact the LSRCA to assist in scoping this requirement. • That the Owner shall obtain a LSRCA permit ahead of any development or site alteration to occur on-site. Additional requirements may be addressed through the permitting process. Please be sure to contact LSRCA permitting staff to further scope permit requirements. County of Simcoe Official Plan The subject lands are designated `Rural' in accordance with the County of Simcoe Official Plan. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.18). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 129). Planning Staff are satisfied that this boundary adjustment is minor in nature as it will not impact the character of the surrounding uses and both the severed and retained lands will be large enough to accommodate their residential uses. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated `Shoreline" and "Rural' on "Schedule A— Land Use" of the Township's Official Plan. The portion of the property to be severed and merged is designated `Shoreline'. The objectives of the Shoreline designation area are: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Development Services May 4,2022 Report No. DS2022-066 Page 5 of 19 Page 306 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... The application proposes a minor boundary adjustment to provide for an addition to the existing boathouse located in a developed portion of the property. As noted above, the applicant has completed a Shoreline Hazard Assessment for the existing boathouse and proposed addition to the satisfaction of the LRSCA and therefore the proposed variance that would provide for this boathouse addition The Shoreline section is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan." (p. 235). Planning Staff are satisfied that the proposed boundary adjustment is generally in keeping with the intent of the Shoreline policies stated in the Official Plan, and otherwise conforms to the boundary adjustment policies contained in Section D.2.2.2 as no new building lot is proposed and the proposed boundary adjustment will not affect the viability of the current use. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Shoreline Residential (SR) in the Township's Zoning By-law 97-95, as amended. The proposed merged and retained lands both continue to comply with the zoning provisions for the Shoreline Residential (SR) Zone. The proposed boundary adjustment/lot addition is being proposed in order for the proposed boathouse addition for 1250 Line 3 South to continue to comply with the minimum interior side yard setback requirements of Section 5.6 of By-law 97-95, as amended. It is my opinion that the consent application conforms to the Zoning By-Law and the requested minor variance maintains the general purpose and intent of the Zoning By- Law. Planning Act, R.S.O. 1990, c.P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is my opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. Development Services May 4,2022 Report No. DS2022-066 Page 6 of 19 Page 307 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Section 45(1) of the Planning Act, which establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent of the Official Plan? The subject property is designated Shoreline and Rural by the Township's Official Plan. Permitted uses in this designation include single detached dwellings and by extension accessory buildings, such as boathouses. The development proposal and requested minor variance will facilitate an addition on the existing boathouse that will remain accessory to the principle dwelling on the property. The development proposal and requested minor variance to the height of the boathouse will not impact the rural character and natural heritage features on the subject property. As detailed above in the Official Plan section of this report, staff are of the opinion that the proposed development conforms to the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) by the Township's Zoning By- law 97-95, as amended. Single detached dwellings and by extension accessory buildings, such as boathouses, are a permitted use in the SR Zone. The proposed boathouse is a permitted structure under the Zoning By-Law and through the variance is intending to be renovated and expanded. Given the slope of the property, based on the site inspection, the proposed variance for the height of the boathouse will not have a visual impact on the neighbouring properties and, based on the slope, the existing dwelling and sunroom will continue to have a view over the boathouse to Lake Simcoe. The proposed location, height and floor area of the boathouse will maintain the existing built form character on the subject property and the surrounding area. Planning Staff is therefore of the opinion that the proposed variance meets the general intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? The minor variance will maintain the general purpose and intent of the Official Plan and Zoning By-Law and facilitate construction of an expanded boathouse that is subordinate and accessory to the existing single detached dwelling on the property. The existing built form character and use of the subject property for a single detached dwelling with accessory structures will be maintained and continue to be compatible with the surrounding community. Based on the above, Planning Staff are satisfied that the proposed development would be desirable for the appropriate development of the lot. Development Services May 4,2022 Report No. DS2022-066 Page 7 of 19 Page 308 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. It is Planning Staff's opinion that the proposed boathouse addition, building height, and design represent a built form consistent with the surrounding shoreline properties. Staff does not anticipate any negative impacts on the use and enjoyment of surrounding properties. The proposed structure will be located in an area that maintains the existing built form character and minimizes impacts to natural heritage features and existing land uses in the surrounding area. Therefore, Planning Staff is of the opinion the requested variance 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 • Lake Simcoe Protection Plan (LSPP) • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The following Goals of the Plan are relevant to these applications: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Staff is of the opinion that the applications are consistent with the Strategic Plan Development Services May 4,2022 Report No. DS2022-066 Page 8 of 19 Page 309 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments. • Township Development Engineering — Engineering Lot Grading shall be required at time of Building Permit. • Township Building Division — No comments at this time. • Bell Canada — No comments or concerns. • Lake Simcoe Region Conservation Authority (LSRCA) — See April 25, 2022 letter attached as Schedule 6. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: Applicant's Site Plan Schedule 5: Applicant's Boathouse Elevations Schedule 6: Letter from the Lake Simcoe Region Conservation Authority dated April 25, 2022 Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2022-B-18 for the purposes of a boundary adjustment and Minor Variance 2022-A-26 be approved subject to the conditions as outlined in the recommendations; and on the basis that the applications are consistent with the Provincial Policy Statement, conform 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 meets the four tests contained in Section 45 of the Planning Act and represents good planning. Respectfully submitted: Andria Leigh, RPP, MCIP Deputy Chief Administrative Officer/Director Development Services Development Services May 4,2022 Report No. DS2022-066 Page 9 of 19 Page 310 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 1: Location Map ,� 1051 I 15W 1121 Y 2 ' Ridge-Rd-)N- 1731�R �am 1685 31 1211 1v} 41 C J 1775 1735 1791 1753 17W 1238 1244 1.547 1250 a 1256 16 a 6 12b9 2 F M Mter-Ftd. qI 3 5 7 27 Kempenfelt Bay Schedule 1 Locationlow r7� lb�emslri��n Subject Lands Proud Hendake,Exciting Fi dnre 0 200 m File N.n-Ler:2022 B.18?2022•A-26 t I I G Development Services May 4,2022 Report No. DS2022-066 Page 10 of 19 Page 311 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 2: Aerial Photo ail ,a a 1 t 3 - Forrester Rd. a `Ir s Schedule 2 Aerial Photo Subject Lands ,rhirwd ILA r r 0 75 111 F it Number 2022.8•1.8r2022�A•26 4, Development Services May 4,2022 Report No. DS2022-066 Page 11 of 19 Page 312 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 3: Proposed Boundary Adjustment Sketches e ., tr.. 16 8wrn.ry e++liae ,�►ebdro.+ G:f - w s -y r w Development Services May 4,2022 Report No. DS2022-066 Page 12 of 19 Page 313 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 4: Applicant's Site Plan .I Part ra't I I , �ry - Of` Development Services May 4,2022 Report No. DS2022-066 Page 13 of 19 Page 314 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 5: Applicant's Boathouse Addition Elevations t t v1 CT I`]- 46 OW _ fr t 7auP -l�trq ��la�Il�c.+-Kno.eer .. I Development Services May 4,2022 Report No. DS2022-066 Page 14 of 19 Page 315 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 6: Letter from the Lake Simcoe Region Conservation Authority (LSRCA) Lake Simcoe Region conservation authority www.LSRCA.an.ca Sent via a-mail:planning@oro-medonte.ca April 2V',2022 Municipal File Nos.:2022-B-18&2022-A-26 LSRCA File Nos.:CO.125680&VA-308713 Andy Karaiskakis Secretary-Treasurer Development Services,Township of Ora-Medonte 148 Line 7 South Oro-Medonte,ON LOL 2FO Dear Mr.Karai5kakis: Re: Applications for Consent&Minor Variance 1244&1250 Line 3 5 Oro-Medonte Stephen&Sonja Moro LSRCA staff have reviewed the above-noted applications for Consent and Minor Variance. The proponents are seeking to sever lands from 1244 Line 3 South and merge with 1250 Line 3 South for the purpose of a boundary adjustment.The boundary adjustment is proposed to facilitate an addition to the existing boathouse on 1250 Line 3 South. The proposed boathouse addition is seeking relief to the following sections of Zoning By-law 97.95: Section 5.6 Doathouses Maximum Height above the elevation of the average high water mark of Lake Simcoe Required: proposed: 4.5 metres(14.76 feet) 7.77 metres(25.5 feet) Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Application Forms Site Plans and drawings It is noted that LSRCA provided has had correspondence with the applicants in the past regarding the existing boathouse and proposed addition as requested. A Shoreline Hazard Assessment was completed by Fathom Engineering on December 15`6,2021. 120 Bayview Parkway T 905.895.1261 Newmarket, Ontario L3Y 3W3 F 905,853,5881 d Member of Conservation Ontario TF 1.800.465,0437 Development Services May 4,2022 Report No. DS2022-066 Page 15 of 19 Page 316 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Lake 51maoe Region Conservation aUth<)rA:V Page 2 of 5 Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020} and as a regulatory authority under Ontario Regulation 179/06. LSRCA has also provided comments as per our MOU with our member municipalities representing matters pertaining to watershed planning, natural heritage and stormwater management. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Recommendation Based on our review of the submitted information in support of this application, it is determined that the proposal is generally consistent with,and in-conformity with the natural hazard policies of the PPS, and ether applicable Provincial, County and Local plans.On this basis,we recommend that any approval of these applications is on the following conditions • The Owner shall provide payment of$525.00 to the LSRCA as per our approved Fee Schedule for review of these Consent and Minor Variance Applications. • That the Owner shall prepare and complete a Shoreline Restoration Planting Plan, to the satisfaction of the LSRCA.Please contact the LSRCA to assist in scoping this requirement. • That the Owner shall Obtain a LSRCA permit ahead of any development or site alteration to occur on-site. Additional requirements may be addressed through the permitting process. Please be sure to contact L5RCA permitting staff to further scope permit requirements. Site Characteristics Existing mapping indicates the following: • The subject properties are partially regulated by the LSRCA under Ontario Regulation 179/06 for shoreline flooding and erosion hazards. * Part of the lands contain a woodland Natural Heritage feature, Please note: LSRCA staff have not attended arty site meetings at this loc©tion related to the subject applirotions. Development Services May 4,2022 Report No. DS2022-066 Page 16 of 19 Page 317 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Lake Simcoe Region ronservanan authority Page 3 of 5 LSW Ea.T.4n�a`.r ALfesRnNnE Prca LN W:eQmfts" — trtM,;.x,rna lu F W:WR nq r�w. d h l ia94aY af•c- r�. ,M d LO..CT TOc R1Y'TCtJ11, B ti G E6°ER Ms t- w � _ rnw�tiYc�m So"1. 324 HRten Irt4 1 Delegated Responsibility and Statutory Comments: I. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). There are identified natural hazards on the subject lands (shoreline flooding and erosion hazards). Through the submission of a Shoreline Hazard Assessment the concerns of flooding and erosion have been addressed and any recommendations made in the report shall be included in the design.Therefore,consistency with 3.1 of the PPS has been demonstrated. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservotion Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding,erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The properties are partially regulated by the LSRCA under Ontario Regulation 179/06.As Development Services May 4,2022 Report No. DS2022-066 Page 17 of 19 Page 318 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Lake Simcoe Region cons,ervalion 1,iftl r.y Page 4 of 5 such,a permit for the proposed boathouse addition will be required in advance of municipal building permits and will need to adhere to the Ontario Regulation 179/06 Implementation Guidelines, section 6.4.We recommend contacting regulations staff at the LSRCA to scope permit requirements, Advisory Comments 3. The LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte in that we provide through our role as a public body, pursuant to the Planning Act_ Lake Simcoe Protection Plan(LSPP) Designated Policy 6.11 b. iddentifies that any proposal for development or site alteration within 30- metres of the Lake Simcoe shoreline,should to the extent possible,enhance the ecological features and functions associated with the Lake. 6.11-DP c. also identifies that the same proposal should minimize erasion, sedimentation, and the introduction of excessive nutrients or other pollutants and utilize planning, design,and construction practices that maintain and improve water quality. Designated Policy 6.45 of the LSPP identifies policy applicable to existing structures and is applicable to this property_ 6.45-DP d. considers the expansion to existing residential dwellings and accessory uses within the minimum vegetation protection zone to Lake Simcoe, if it is demonstrated that there is no alternative,that the expansion or alteration is directed away from the feature and vegetation protection zone to the maximum extent possible, and that the impact of the expansion or alteration on the feature and its functions is minimized to the maximum extent possible. The proposed development, and any required site alteration,can be considered under the'existing uses' policies of the LSPP. As this is a proposal for development and site alteration within 30-metres of the Lake Simcoe shoreline, and within the minimum vegetation protection zone, a Shoreline Restoration Planting Plan is requested to satisfy 6.11-DP and 5.45-13P. This document should comply with policies 5.28-13P and 6_29-113P of the LSPP, identifying that any existing natural and self-sustaining vegetation removed from along the lakeshore due to the proposed development and site alteration, should be replaced, and enhanced.This document should be scoped with the assistance of LSRCA staff. Summary Based on our review of the submitted information in support of this application, it is determined that the proposal is generally consistent with, and in-conformity with the natural hazard policies of the PPS, and other applicable Provincial,County and Local plans.On this basis,we recommend that any approval of these applications is on the following conditions- * The Owner shall provide payment of$525.00 to the LSRCA as per our approved Fee Schedule for review of these Consent and Minorvariance Applications. • That the Owner shall prepare and complete a Shoreline Restoration Plantings Plan, to the satisfaction of the LSRCA.Please contact the LSRCA to assist in scoping this requirernent. Development Services May 4,2022 Report No. DS2022-066 Page 18 of 19 Page 319 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... Lake Simcoe Region conservation aUt ority Page S of ■ That the Owner shall obtain a LSRCA permit ahead of any development or site alteration to occur ran-site, Additional requirements may be addressed through the permitting process. Please be sure to contact LSRCA permitting staff to further scope permit requirements. Given the above comments,it is the opinion of the L5RCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated; 2. Ontario Regulation 179/06 does apply to the subject site.A permit from LSRCA will be required prior to any development taking place; 3. A Shoreline Restoration Plantings Plan should be prepared and submitted to the satisfaction of the LSRCA. Please inform this office of any decision made by the municipality with regard to this application. We respectfully request to receive a copy of the decision and notice of any appeals filed. Should you have any questions,please contact the undersigned(e.dias@Isrca.on,ca). .Sincerely, Emma Dias Junior Planning and Natural Heritage Analyst Development Services May 4,2022 Report No. DS2022-066 Page 19 of 19 Page 320 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... AAxx r� - W CD x N N N J r `�E eui U) ' CU a a c J a U N CMCL CL Q00 � ♦--' (!C) v N N Ln U) 06 O O U O co `- J _0 Cu 00 0 M N `n 4-0 U m .� CU N � � N � C6 O U) 0� o r. (1) 0 U) a O -ic N O 0 Page 321 of 589 6.i) 7.20 p.m. DS2022-066, Andria Leigh, Deputy CAO/Director, Developmen... 0) ,/� 06 U k �_ �} E J cn N U) o a) :3 U') J (V c6 ca N >, o � a CoCo a) N O cn a) Cu � U 4--+ M Co 0 C a) O -1-_+ O n U J 0) > .— (!C) ti Q COC) � � O x 3 o °4�' 00 Q ♦--+ O T O a� � � .� cn 06 �_ o E O 0 •gy m °' 0 NON o ati U o a- o o a) � C3) CU 00 ° _ O . . 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Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2022-072 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # May 4, 2022 Minor Variance Application 2022-A-27 Roll #: Jamie Kennedy R.M.S. File #: 4346-020-007-01800 1015 Peter Street West D13 59777 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-072 be received and adopted. 2. That Minor Variance Application 2022-A-27 by Jamie Kennedy specifically for permission to build a detached structure in the front yard with a maximum building height of 5.5 metres and a maximum floor area of 164 m2, be approved subject to the conditions as outlined in Report DS2022-072. 3. The conditions are as follows: a. That notwithstanding Section 5.1 .4 and 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d. That an Engineered Lot Grading Plan (ELG) be provided at the time of Building Permit Application; and e. That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1. Site Location and Existing Conditions Development Services May 4,2022 Report No. DS2022-072 Page 1 of 26 Page 335 of 589 6 J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... The subject property is located at 1015 Peter Street West, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The property is currently occupied by a 163.7 m2 (1,762 ft2) dwelling with a pool and private septic system located in the rear yard. The dwelling is located centrally on a deep lot (318.95 m or 1,046 ft) and the property is accessed from a long driveway from Peter Street West that includes a turning circle in front of the existing dwelling. The subject property has an area of approximately 1 .8 hectares (4.4 acres) and 56.69 metres (186 feet) of frontage on Peter Street West. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Agricultural & Greenlands • Township of Oro-Medonte Official Plan: Agricultural • Zoning By-Law: Agricultural/Rural (A/RU) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing to construct a 164 m2 (1,765 ft2) two-storey detached structure in front of the existing dwelling, along the east side of the existing driveway turning circle. The existing dwelling and driveway will be maintained in their current locations and configurations. The existing tree cover on the property, particularly the trees at the front of the property and along the driveway, will be maintained and the garage constructed in an existing cleared area of the property. The drawing package submitted by the Applicant includes conceptual floor plans and elevations. The ground floor will be approximately 97 m2 (1,044 ft2) in area and be used for a three-car garage. The second floor loft will be smaller in floor area at 65.8 m2 (708 ft2). No kitchen or sanitary facilities are proposed on either level. Three garage doors are proposed on the ground floor west (front) elevation with windows on the second floor. Windows are proposed on the second floor of the east and south elevations and on both the ground and second floor of the north side elevation. These drawings are included in Schedule 5. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1 . To permit a maximum height for a detached accessory building of 5.5 metres (18 feet) while 4.5 metres (14.7 feet) is permitted. 2. To permit a maximum floor area for detached accessory building of 164 m2 while 70 m2 is permitted. Development Services May 4,2022 Report No. DS2022-072 Page 2 of 26 Page 336 of 589 6J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... The effect of this minor variance will be to allow for construction of a new detached accessory structure (garage) in the front yard of the existing dwelling with a building height and floor area that exceed the maximum permissions of the prevailing zoning regulations. 4. Zoning Review Table 1 includes a review of the applicable zoning standards and confirms the minor variances required. Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings, Where this By-law provides that land may • The proposed detached garage will Structures and Uses[By- be used or a building or structure may be have a smaller footprint and gross law 2017-0121 erected or used for a purpose,that purpose floor area than the existing single may include any detached accessory detached dwelling on the property. buildings,accessory structures or accessory • The proposed garage will be similar uses located on the same lot as the primary in height and built form character to use to which they are related.For the the existing dwelling. purposes of this by-law a retaining wall with • The proposed detached garage will a height of 1.0 metre(3.2 feet)or more is be incidental or subordinate to the considered an accessory structure and is main use of the property for a single subject to the provisions of Section 5.1. detached dwelling. 5.1.1 Uses Permitted in No detached accessory building or accessory • The plans submitted with this Detached Accessory structure shall be used for human habitation application show use of the Buildings and Structures or an occupation for gain,unless specifically proposed structure as a garage no [By-law 2015-1921 permitted by this By-law.A detached space is identified for human accessory building or structure is permitted habitation or occupation. to contain sanitary facilities,including sink • The plans also shown no sanitary or and/or toilet,outside an area susceptible to kitchen facilities on the ground or flooding however kitchen facilities including second floor that would facilitate food preparation facilities or facilities for the use of the garage for such purposes. installation of kitchen equipment are prohibited 5.1.3 Permitted locations Unless otherwise specified in this By-law, • The proposed detached garage will for detached accessory detached accessory buildings and structures, be located in the front yard. buildings and structures in except boathouses,shall: However,the minimum required all zones[By-law 2004- front yard setback for the A/RU zone 063,2015-192,2017-0121 a)Not be located in the front yard. is exceeded and no minor variance is Notwithstanding this provision,a detached required. private garage is permitted in the front yard • The proposed garage will be located of a lot that abuts Lake Simcoe or Bass Lake greater than 1 metre from the provided it is set back a minimum distance existing single detached dwelling equal to the required front yard for the main and detached structure on the building from the front lot line. subject property and more than 2 Notwithstanding this provision,a detached metres from the rear lot line. accessory building is permitted in the front • The proposed side setbacks exceed yard in the Agricultural/Rural(A/RU)Zone the requirements of the applicable provided it is not located in the required zoning regulations. front yard.Notwithstanding this provision,a retaining wall with a height of 1.0 metres or Development Services May 4,2022 Report No. DS2022-072 Page 3 of 26 Page 337 of 589 6.j) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... more is permitted in the front yard in all Residential zones provided it is not within the required front yard. b)Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d)Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line.Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. e)Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres (49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached 5.5 m proposed(variance required) accessory building or structure,except boathouses,is 4.5 metres(14.7 feet). 5.1.5 Maximum lot The maximum lot coverage of all detached 0.5%proposed coverage accessory buildings and structures on a lot, excluding boathouses,is 5 percent. 5.1.6 Maximum floor area The maximum floor area of any one The proposed detached garage will have a [By-law 2003-081,2017- detached accessory building or structure, floor area of 164 mz(1,765.3 ftz)(minor 0121 excluding boathouses,is 70 square metres variance required) (753.5 square feet).However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, Development Services May 4,2022 Report No. DS2022-072 Page 4 of 26 Page 338 of 589 6J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 2 are applicable to this application. Table 2 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e)promoting the integration of land use planning,growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns,optimization of transit investments,and standards to minimize land consumption and servicing costs; f)improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h)promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. 1.1.4 Rural Areas in Municipalities 1.1.4.1 Healthy,integrated and viable rural areas should be supported by: a)building upon rural character,and leveraging rural amenities and assets; b)promoting regeneration,including the redevelopment of brownfield sites; c)accommodating an appropriate range and mix of housing in rural settlement areas; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e)using rural infrastructure and public service facilities efficiently; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; g)providing opportunities for sustainable and diversified tourism,including leveraging historical,cultural,and natural assets; h)conserving biodiversity and considering the ecological benefits provided by nature;and i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3. Development Services May 4,2022 Report No. DS2022-072 Page 5 of 26 Page 339 of 589 6J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... 1.1.4.2 In rural areas,rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.4.3 When directing development in rural settlement areas in accordance with policy 1.1.3,planning authorities shall give consideration to rural characteristics,the scale of development and the provision of appropriate service levels. 1.1.4.4 Growth and development may be directed to rural lands in accordance with policy 1.1.5,including where a municipality does not have a settlement area. 2.3 Agriculture 2.3 Agriculture 2.3.1 Prime agricultural areas shall be protected for long-term use for agriculture. Prime agricultural areas are areas where prime agricultural lands predominate. Specialty crop areas shall be given the highest priority for protection,followed by Canada Land Inventory Class 1,2,and 3 lands,and any associated Class 4 through 7 lands within the prime agricultural area,in this order of priority. 2.3.2 Planning authorities shall designate prime agricultural areas and specialty crop areas in accordance with guidelines developed by the Province,as amended from time to time. Planning authorities are encouraged to use an agricultural system approach to maintain and enhance the geographic continuity of the agricultural land base and the functional and economic connections to the agri food network. 2.3.3 Permitted Uses 2.3.3.1 In prime agricultural areas,permitted uses and activities are: agricultural uses,agriculture-related uses and on farm diversified uses. Proposed agriculture-related uses and on farm diversified uses shall be compatible with,and shall not hinder,surrounding agricultural operations. Criteria for these uses may be based on guidelines developed by the Province or municipal approaches,as set out in municipal planning documents,which achieve the same objectives. 2.3.3.2 In prime agricultural areas,all types,sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 2.3.3.3 New land uses in prime agricultural areas, including the creation of lots and new or expanding livestock facilities,shall comply with the minimum distance separation formulae. 2.3.4 Lot Creation and Lot Adjustments 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: a)agricultural uses,provided that the lots are of a size appropriate for the type of agricultural use(s)common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; Development Services May 4,2022 Report No. DS2022-072 Page 6 of 26 Page 340 of 589 6J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... b)agriculture-related uses,provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c)a residence surplus to a farming operation as a result of farm consolidation, provided that: 1.the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services;and 2.the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance.The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province,or based on municipal approaches which achieve the same objective;and d)infrastructure,where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 2.3.4.2 Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. 2.3.4.3 The creation of new residential lots in prime agricultural areas shall not be permitted,except in accordance with policy 2.3.4.1(c). 2.3.5 Removal of Land from Prime Agricultural Areas 2.3.5.1 Planning authorities may only exclude land from prime agricultural areas for expansions of or identification of settlement areas in accordance with policy 1.1.3.8. 2.3.6 Non-Agricultural Uses in Prime Agricultural Areas 2.3.6.1 Planning authorities may only permit non-agricultural uses in prime agricultural areas for: a)extraction of minerals,petroleum resources and mineral aggregate resources;or b)limited non-residential uses,provided that all of the following are demonstrated: 1.the land does not comprise a specialty crop area; 2.the proposed use complies with the minimum distance separation formulae; 3.there is an identified need within the planning horizon provided for in policy 1.1.2 for additional land to accommodate the proposed use;and 4.alternative locations have been evaluated,and i.there are no reasonable alternative locations which avoid prime agricultural areas;and ii.there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. 2.3.6.2 Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and lands are to be mitigated to the extent feasible. I have reviewed the development proposal and requested minor variances and I am satisfied that the application is generally consistent with the applicable policies of PPS 2020 for the following reasons: Development Services May 4,2022 Report No. DS2022-072 Page 7 of 26 Page 341 of 589 6 J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... • The proposal and requested minor variances will maintain the existing low density residential character of the subject property and surrounding community while allowing for enhanced and efficient use of the subject property as a single detached dwelling. • The location of the proposed detached garage is logical in terms of its relationship to the existing dwelling, driveway and turning circle. • There will be no adverse impacts to the rural character or natural heritage features of the subject property and surrounding community as the garage will be located in an existing area on the property that has been cleared while maintaining the existing trees at the front of the property. • The proposal will utilize existing services and infrastructure and require no upgrades or extensions. • The requested minor variances for the detached structure will not result in massing or location that would adversely impact adjacent properties or public health and safety. • The location of the proposed detached structure allows for continued use of the existing driveway for access while also being convenient for movement between the single detached dwelling. • The proposed height and massing of the detached garage will be consistent and complementary to the existing dwelling on the subject property while also being secondary and accessory to the dwelling. • There will be considerable spatial separation between the proposed garage and the structures on the surrounding properties, in addition to the screening provided by the significant tree cover on the property. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 3 are applicable to this application. Table 3 - Policy Matrix (A Place to Grow — Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding . Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. Development Services May 4,2022 Report No. DS2022-072 Page 8 of 26 Page 342 of 589 6J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. 2.2 Policies for Where and 2.Forecasted growth to the horizon of this Plan will be allocated based on the following: How to Grow a)the vast majority of growth will be directed to settlement areas that: 2.2.1 Managing Growth i.have a delineated built boundary; ii.have existing or planned municipal water and wastewater systems;and iii.can support the achievement of complete communities; c)within settlement areas,growth will be focused in: i.delineated built-up areas; ii.strategic growth areas; iii.locations with existing or planned transit,with a priority on higher order transit where it exists or is planned;and iv.areas with existing or planned public service facilities; d)development will be directed to settlement areas,except where the policies of this Plan permit otherwise; e)development will be generally directed away from hazardous lands;and f)the establishment of new settlement areas is prohibited. 2.2.6 Housing 1.Upper-and single-tier municipalities,in consultation with lower-tier municipalities,the Province,and other appropriate stakeholders,will: a)support housing choice through the achievement of the minimum intensification and density targets in this Plan,as well as the other policies of this Plan by: i.identifying a diverse range and mix of housing options and densities,including additional residential units and affordable housing to meet projected needs of current and future residents;and ii.establishing targets for affordable ownership housing and rental housing; 2.2.9 Rural Areas 3.Subject to the policies in Section 4,development outside of settlement areas may be permitted on rural lands for: a)the management or use of resources; b)resource-based recreational uses;and c)other rural land uses that are not appropriate in settlement areas provided they: i.are compatible with the rural landscape and surrounding local land uses; ii.will be sustained by rural service levels;and iii.will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations. 4.2.6 Agricultural System 3.Where agricultural uses and non-agricultural uses interface outside of settlement areas,land use compatibility will be achieved by avoiding or where avoidance is not possible,minimizing and mitigating adverse impacts on the Agricultural System.Where mitigation is required,measures should be incorporated as part of the non-agricultural uses,as appropriate,within the area being developed.Where appropriate,this should be based on an agricultural impact assessment. 4.The geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network will be maintained and enhanced. Development Services May 4,2022 Report No. DS2022-072 Page 9 of 26 Page 343 of 589 6 J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... 5.The retention of existing lots of record for agricultural uses is encouraged,and the use of these lots for non-agricultural uses is discouraged. It is my opinion that the development proposal and requested minor variances generally conform to the applicable Growth Plan policies on the basis that the proposal supports the enhanced use of an existing low density residential use and does not require any extensions or upgrades to existing services or infrastructure to support the proposed detached structure and maintains the existing agricultural, rural and natural heritage character of the subject property and surrounding community. The proposal is consistent with the existing low density residential character of the surrounding community and the height and massing of the proposed garage will be mitigated by the large property area, building setbacks and existing tree cover on the property. 3. Simcoe County Official Plan The subject property is designated "Agricultural' and "Greenlands" on Schedule 5.1 of the County of Simcoe Official Plan. On the basis of my review of the specific policies of the Simcoe County Official Plan provided in Table 4, it is my opinion that the proposal for the subject property and the requested minor variances maintain the general purpose and intent of the County of Simcoe Official Plan on the following basis: • The use, size and scale of the proposed detached structure (garage) will be "accessory" in nature relative to the existing single detached dwelling and will be in a location that is appropriate for access from the existing driveway and dwelling, as well as to mitigate any impacts to surrounding properties. • The detached structure provides appropriate rear and side yard setbacks and is significantly less than the permitted maximum lot coverage. • The proposed floor area and height will be mitigated by the large property area, existing tree cover and significantly setbacks to all property lines and existing structures on surrounding properties. • The location of the proposed detached garage has already been cleared and is a convenient location for access to the existing dwelling and the turning circle in front of the dwelling. The detached garage will provide for more orderly parking and location and screening of vehicles relative to the abutting properties. • The total floor area is accommodated on two levels with 97 m2 on the ground floor and 65.8 m2 on the second floor. Therefore, the massing of the structure tapers down in height on the second floor as opposed to maintaining the full ground floor mass. • The proposed detached garage will not adversely impact any existing natural heritage characteristics on and adjacent to the subject property or result in public health and safety concerns. The proposal will also have no adverse impacts on the existing character of the subject property and the surrounding community. Development Services May 4,2022 Report No. DS2022-072 Page 10 of 26 Page 344 of 589 6J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... Table 4 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy The planning strategy of this Plan is based on four themes: 3.1 Strategy • Direction of a significant portion of growth and development to settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry, aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.6Agricultural 3.6 Agricultural Objectives 3.6.1 To protect the resource of prime agricultural lands and prime agricultural areas,while recognizing the inter- relationship with natural heritage features and ecological functions,by directing development that does not satisfy the Agricultural policies of this Plan to Settlements and the Strategic Settlement Employment Areas and Economic Employment Districts and directing limited uses that are more suitable to the Rural designation accordingly. 3.6.2 To enable the agricultural industry to function effectively in prime agricultural areas by minimizing conflicting and competing uses while accommodating uses and facilities which support the agricultural economy in accordance with the Planning Act and the Farm Practices Protection Act and its successors. Development Services May 4,2022 Report No. DS2022-072 Page 11 of 26 Page 345 of 589 6J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... 3.6.3 To ensure the availability and sustainability of prime agricultural areas for long-term use for agriculture and support a diversified agricultural economy. 3.6.4To promote a sustainable local food system that enhances opportunities for food,agriculture and agriculture- related businesses and/or producers to deliver products locally. Policies 3.6.5 Prime agricultural areas are identified by the Agricultural designation on Schedule 5.1 and shall be protected for long-term use for agriculture.All types,sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 3.6.6 Permitted uses within the Agricultural designation are agricultural uses,agriculture-related uses(PPS 2014), processing of agricultural products,on-farm diversified uses, natural heritage conservation and forestry,mineral aggregate operations subject to Section 4.4,and agricultural produce sales outlets generally marketing production from the local area. 3.6.7 In the Agricultural designation lot creation is discouraged and may only be permitted for: a)Agricultural uses,provided new lots for agricultural uses should not be less than 40 hectares or the original survey lot size,whichever is lesser,or 16 hectares in specialty crop areas. b)Agriculture-related uses(PPS 2014),provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services.Residential uses shall be prohibited on such lots, and they shall be zoned accordingly; c)a residence surplus to a farming operation as a result of farm consolidation,provided that: i.the new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and waterservices,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. Development Services May 4,2022 Report No. DS2022-072 Page 12 of 26 Page 346 of 589 6.j) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... 3.6.8 Lots may be created for agriculture-related uses provided that the use must be in close proximity to the farm operation(s)and cannot be accommodated on the farm or existing lots of record or directed to the Rural or Settlement designations.The lot should be in a location that is separated from the primary farm operations by physical features or where it causes minimal disruption to farm operations.If possible,the lot should be located on lower quality soils.The lot size shall be kept to the minimum required to accommodate the use and appropriate on-site sewage and water services,and should generally not be larger than 1 hectare.Residential uses shall be prohibited on such lots,and they shall be zoned accordingly.The local municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies. 3.6.9 Prime agricultural areas are areas where prime agricultural lands predominate.Specialty crop areas shall be given the highest priority for protection,followed by Classes 1,2,and 3 soils,in order of priority. 3.6.10 Development in prime agricultural areas should wherever possible be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system and cultural features. 3.6.11 Proposals to re-designate lands from the Agricultural designation may only be considered for expansions to settlement areas in accordance with applicable policies of this Plan,Provincial policy statements issued under the Planning Act and provincial plans. 3.6.12 Non-agricultural uses in prime agricultural areas may only be permitted for: a)extraction of minerals,petroleum resources and mineral aggregate resources,in accordance with the appropriate policies of this Plan,Provincial policy statements issued under the Planning Act and provincial plans;or b)limited non-residential uses,through a site-specific local municipal official plan amendment,provided that all of the following are demonstrated: 1.the land does not comprise a specialty crop area; 2.the proposed use complies with the minimum distance separation formulae; 3.there is an identified need within the planning horizon provided for in this Plan for additional land to be designated to accommodate the proposed use; 4.alternative locations have been evaluated,and i.there are no reasonable alternative locations which avoid prime agricultural areas;and ii.there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands; Development Services May 4,2022 Report No. DS2022-072 Page 13 of 26 Page 347 of 589 6J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... 5.the proposed use requires minimal site alteration,as determined through pre-consultation with the local municipality and the approval authority; 6.the proposed use shall be compatible with the surrounding agricultural uses or in a location that is separated from the primary agricultural operations by physical features and demonstrated to cause minimal disruption to surrounding area; 7.the proposed use will not be located in an area that may have an impact on the efficient and logical expansion of nearby settlement areas; 8.the proposed use complies with all other applicable provisions of this Plan;and 9.applications for non-agricultural uses must be supported by adequate technical assessment to ensure that appropriate services for the proposed use can be provided. Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and existing land uses are to be mitigated to the extent feasible.Local municipalities shall utilize site plan control to regulate the impact of non-agricultural uses in prime agricultural areas. 3.8 Greenlands Objectives 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 Development Services May 4,2022 Report No. DS2022-072 Page 14 of 26 Page 348 of 589 6 J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... foster healthy and liveable communities and enhance the sense of place and quality of life that characterize the County. 4. Township of Oro-Medonte Official Plan The subject property is designated "Agricultural' on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 5 addresses the applicable policies. It is my opinion that the development proposal and requested minor variances maintain the general purpose and intent of the Official Plan for the following reasons: • The development proposal and requested minor variances will have no impacts on agricultural, rural and natural heritage character and features on the subject property and the surrounding areas; • No new services or infrastructure are proposed to support the accessory structure; • The proposed structure maintains the built form and land use character of the subject property as a single detached dwelling, which is consistent and compatible with the surrounding community and agricultural uses; • The structure is also located in an existing cleared area on the subject property with convenient vehicular access to the driveway and turning circle. • The proposed height and floor area will be mitigated by the large property area and building setbacks, spatial separation from existing structures on the surrounding properties and significant tree cover at the front and along the perimeter of the property. • The proposed structure is accessory to the use of the property for single family residential purposes and is compatible with the agricultural and rural character of the community. Table 5 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES It is the goal of this Plan to protect and enhance significant natural heritage features A2.1 Natural Heritage and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. Development Services May 4,2022 Report No. DS2022-072 Page 15 of 26 Page 349 of 589 6J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character A2.5.1 Goal It is the goal of this Plan to protect,maintain and enhance the natural, agricultural and open space character of the rural area. A2.5.2 Strategic Objectives b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. A2.6 Growth and Settlement a)To direct the majority of new residential growth to settlements. d)To encourage the more efficient use of land in settlements,where appropriate. A2.6.2 Strategic Objectives SECTION C1—AGRICULTURAL C1.1 OBJECTIVES a)To maintain and preserve the agricultural resource base of the Township. b)To protect land suitable for agricultural production from development and land uses unrelated to agriculture. c)To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. d)To preserve and promote the agricultural character of the Township and the maintenance of the open countryside. C1.2 PERMITTED USES The principle use of land in the Agricultural designation as shown on the schedules to this Plan shall be agriculture.Other permitted uses include single detached dwellings,bed and breakfast establishments,home occupations,home industries, commercial dog kennels,forestry,resource management uses,farm implement dealers and feed and fertilizer distribution facilities,storage facilities for agricultural products,greenhouses,agricultural research and training establishments,farm related tourism establishments,agriculturally-related commercial uses,commercial uses on farm properties and seasonal home grown produce stands.Wayside pits and portable asphalt plants are also permitted.All existing commercial and industrial uses are also permitted. The designation also permits existing tourist commercial uses such as private parks, trailer or recreational vehicle parks,mobile home parks,rental cabin establishments and private campgrounds and accessory recreational and commercial facilities and existing recreational uses such as golf courses.The development of new tourist commercial and recreational uses in the Agricultural designation is not contemplated by this Plan. Development Services May 4,2022 Report No. DS2022-072 Page 16 of 26 Page 350 of 589 6 J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... 5. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Agricultural/Rural (A/RU)", which permits single detached dwellings and accessory buildings/structures. This minor variance application will facilitate construction of a proposed detached accessory garage in the front yard of the subject property that exceeds the maximum permissions for floor area and building height but complies with regulations for front, rear and side yard setbacks, as well as lot coverage. The impact of the height and massing of the proposed detached structure is mitigated by the proposed setbacks and spatial separation from structures on the surrounding properties, as well as the existing trees around the perimeter of the subject property. It is my opinion that the proposed detached structure is accessory to the existing single detached dwelling and will facilitate enhanced parking and vehicular operations. The proposed structure is smaller in floor area and lot coverage than the principle dwelling and will provide parking for residents of the existing dwelling. The application and plans indicate that the structure will be used as a garage with second floor loft space and there is no indication that this space will be used for human habitation or business purposes. For these reasons, it is my opinion that the proposed detached garage satisfies the definition of "Accessory Building or Structure" under the Zoning By-Law as it will be "naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot". There will also be no adverse impacts to the agricultural, rural and natural heritage character of the subject property and surrounding community. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services May 4,2022 Report No. DS2022-072 Page 17 of 26 Page 351 of 589 6 J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variances will facilitate construction of a detached garage with second floor loft space that is accessory to the principle dwelling on the property. The detached garage will be smaller in floor area and lot coverage than the primary dwelling and located in an existing cleared area of the property to allow maintenance of the existing trees and natural features. The garage will be located adjacent to the driveway and turning circle, which will provide convenient access between the dwelling and garage while maintaining the existing land use and built form character on the property. The use of the proposed structure for these purposes will result in no human habitation or business uses and is incidental and subordinate to the dwelling. The development proposal and requested minor variances will have no impacts on the agricultural, rural character and natural heritage features on or adjacent to the subject property. Overall, the existing character of the subject property as a single detached dwelling is maintained and the potential for adverse impact on adjacent land uses associated with the minor variances proposed to the zoning regulations will be mitigated by the large property area, significant front, rear and side yard setbacks, and spatial separation from existing structures on surrounding properties. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The proposed detached garage is an "Accessory Structure" set out under the Zoning By-Law. The proposed location, lot coverage and setbacks of the accessory structure, in conjunction with the proposed garage use, will maintain the existing built form character on the subject property and mitigate impacts to uses and structures on surrounding properties. The proposed building height and massing is secondary to the primary dwelling and is consistent and compatible with the built form character on the subject property and in the surrounding community. Are the variances desirable for the appropriate development of the lot? Yes. The minor variances will maintain the general purpose and intent of the Official Plan and Zoning By-Law and facilitate construction of a detached structure that is subordinate or accessory to the existing single detached dwelling. The existing built form character and use of the subject property for a single detached dwelling and will be compatible with the surrounding community. Moreover, the proposed structure will facilitate more orderly and functional use of the subject property as single detached dwelling without adversely impacting the residential character and agricultural, rural and natural heritage features in the community. The proposed structure will also facilitate enhanced vehicular operations and parking and also support the single detached dwelling use. Development Services May 4,2022 Report No. DS2022-072 Page 18 of 26 Page 352 of 589 6 J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... Are the variances minor? Yes. The proposed height and floor area are subordinate to the primary dwelling and will not result in a structure that is out of character with the built form on the subject property. The proposed floor area is accommodated on two storeys with tapering down of massing on the second floor, which will mitigate the overall massing of the structure. The proposed height and massing are also mitigated by the large front, rear and side yard setbacks, existing tree cover and considerable physical distance from any of the existing structures on the surrounding properties. The proposed floor area and footprint of the detached garage are smaller than the primary dwelling and will serve a vehicle parking function that is directly related to the dwelling. There will also be no activity generated by such uses are human habitation or business operations. The proposed structure will be located in an area that minimizes impacts to natural heritage features and existing land uses in the surrounding area. Finally, the minor variances will not result in adverse impacts to the existing uses and built form character on the subject property and in the surrounding residential community. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Development Services May 4,2022 Report No. DS2022-072 Page 19 of 26 Page 353 of 589 6 J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building — Building Division has no comment at this time. • Township Development Engineering — No objection. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. • Township Operations — No comments. • Nottawasaga Valley Conservation authority (NVCA) - we have no objection conditional upon the applicant obtaining a permit from this agency Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2022-A-27 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services April 28, 2022 Andria Leigh, Deputy CAO & Director Development Services April 28,2022 Development Services May 4,2022 Report No. DS2022-072 Page 20 of 26 Page 354 of 589 6 J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... Vas y.Rd. M mn n^Rd. g Rlrsleshoeya9ky Rd. :I Id•B r,i.•Rd. E. - 6237 6106 RIO F Peter St.W. 911 1113 1101 1091 1079 1067 1055 1043 1027 r 1007 5944 5844 6007 Schedule 1 ` Location ~� Township o-f Subject Lands Proud Heritage,Exciting Future 0 200 IT File Number:2022-H-27 AV I I I I Development Services May 4,2022 Report No. DS2022-072 Page 21 of 26 Page 355 of 589 6 J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... .Mbbns[on•Rd. H,r3.esHoe•YaIF y�Rtl. II I J 1 4Id-B—.r-Ra. _ - _ i d; Peter.St.W. Schedule 2 Aerial Photo ~ 1oarzslrip�f Subject Lards Fraud Heritage,Exciting Future 0 100 M File Number:2022-A-27 Development Services May 4,2022 Report No. DS2022-072 Page 22 of 26 Page 356 of 589 6 J) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos Subject Property Looking East along Peter Street Subject Property Looking West along Peter Street A11 4- TT [ r , I .a `�.1015 c .� Existing Single Detached Dwelling and Front Yard Existing Entrance to Subject Property Proposed Detached Garage Location Location of Proposed Detached Garage Development Services May 4,2022 Report No. DS2022-072 Page 23 of 26 Page 357 of 589 6.j) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan 1S3�a'� 133�J1S 3313d sgs� = E I � I r a gal I C I I I w ,X d1 f �w I w I I I ' I a � I I I I 1 I I I Development Services May 4,2022 Report No. DS2022-072 Page 24 of 26 Page 358 of 589 6.j) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... 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O ----------------- -- ------ ----------------- n it CU II II j CL IFO U v --------------------- -------------- li --------------- ---- LM II 1 O II At, 75 -4L CL ------------------------------------------------------ ------------------------------------------------------- CL Page 366 of 589 6.j) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... /rr1 tis. o° 1Y + U w .f 4_j _ (3) 0 Vy 1 e � k f �'�• T �'y� 1�,, A - Q 1101 s ter & K AM-' k A o ' W NN ► O Page 367 of 589 6.j) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... AAA FF r 9 w, a) OW r Q CL r O Q C6 1 J C6 `: r" Page 368 of 589 6.j) 7 t nship Planning Consultant ... A w 't 0 i Q r' k S O cu CL O x �J to O µ ro i lal O \y I d I N cu � O O •C— O Q G - - — O i—J1T�F b^ �V ✓N Page 369 of 589 6.j) 7.40 p.m. DS2022-072, Michael Barton, Township Planning Consultant ... 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Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2022-073 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # May 4, 2022 Minor Variance Application 2022-A-28 Roll #: Tomi & Piia Alatalo R.M.S. File #: 4346-030-012-44000 31 Bay Street D13 60515 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-073 be received and adopted. 2. That Minor Variance Application 2022-A-28 by Tomi & Piia Alatalo, specifically for permission to build a single detached dwelling with attached three car garage with a reduced front yard setback of 3.5 metres (11 .4 feet), on lands municipally known as 31 Bay Street, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-073. 3. The conditions are as follows: a. That notwithstanding Table B1 —Standards for SR Zone Minimum Required Front Yard, the proposed single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed single detached dwelling be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling is located no closer than 3.5 metres (11 .4 feet) from the front lot line; d. The required permit shall be obtained from the LSRCA prior to any development taking place; and, e. That the appropriate Zoning Certificate, Engineering Lot Grading Plan, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 4,2022 Report No. DS2022-073 Page 1 of 18 Page 372 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 31 Bay Street and backs onto Lake Simcoe. This property is currently vacant and represents the severed lands established through a previous consent application for the property that, prior to the consent approval, extended to the southeast corner of the intersection of Bay Street and Line 2 South (as illustrated on Schedule 1). There is an existing single detached dwelling immediately to the west on the retained lands. An aerial view of the subject property and its current limits is provided in Schedule 2. The structure shown on the aerial map at the front of the subject property has since been demolished. The property will be accessed from Bay Street via a new driveway leading to the surface parking area and attached garage on the front of the proposed new dwelling. The subject property has an area of approximately 0.42 hectares and 20.84 metres (68 feet) of frontage on Bay Street Schedule 3 includes site photographs illustrating the existing site conditions since removal of the previously existing structure. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Settlements • Township of Oro-Medonte Official Plan: Rural Settlement Area (Shanty Bay) • Zoning By-Law: Shoreline Residential (SR) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4, which also shows the existing dwelling and boathouse on the property to the west, which are the retained lands from the previous consent application. The applicant is proposing to construct a new single detached dwelling with attached three car garage and a separate boathouse (not subject to this application) on the subject property. The new dwelling will include a new driveway and surface parking area at the front of the property that aligns with a proposed 3-car attached garage. The boathouse is not currently shown on the plan and will be submitted through a separate building permit application. The drawing package submitted by the Applicant is included in Schedule 5. The following minor variance to Zoning By-Law 97-95 has been requested by the Applicant: 1 . To permit a minimum front yard to the proposed single detached dwelling of 3.5 metres (11.4 feet) while 7.5 metres (24.6 feet) is required. Development Services May 4,2022 Report No. DS2022-073 Page 2 of 18 Page 373 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... The effect of this minor variance will be to allow for construction of a new detached dwelling with attached garage that is constructed to within 3.5 metres of the front property line and will comply with all other applicable zoning regulations, including setbacks, height and lot coverage. 4. Zoning Review The applicant has not provided sufficient information for a detailed zoning review to be completed that confirms any other variances that may be required to facilitate construction of the proposed dwelling. In addition, no information has been provided with respect to the proposed boathouse. Therefore, this report has been prepared on the basis that the proposed dwelling and boathouse will be designed and constructed to comply with all applicable zoning regulations except for the requested minor variance to the minimum front yard, or additional minor variances will be sought through a separate application. Analysis: 1 . Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 2 are applicable to this application. Table 2 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; Development Services May 4,2022 Report No. DS2022-073 Page 3 of 18 Page 374 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... e)promoting the integration of land use planning,growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns,optimization of transit investments,and standards to minimize land consumption and servicing costs; f)improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h)promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. 1.1.3 Settlement Areas 1.1.3.1 Settlement areas shall be the focus of growth and development. 1.1.3.2 Land use patterns within settlement areas shall be based on densities and a mix of land uses which: a)efficiently use land and resources; b)are appropriate for,and efficiently use,the infrastructure and public service facilities which are planned or available,and avoid the need for their unjustified and/or uneconomical expansion; c)minimize negative impacts to air quality and climate change,and promote energy efficiency; d)prepare for the impacts of a changing climate; e)support active transportation; f)are transit-supportive,where transit is planned,exists or may be developed; and g)are freight-supportive. Land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3,where this can be accommodated 1.1.3.4 Appropriate development standards should be promoted which facilitate intensification,redevelopment and compact form,while avoiding or mitigating risks to public health and safety. 1.1.3.6 New development taking place in designated growth areas should occur adjacent to the existing built-up area and should have a compact form,mix of uses and densities that allow for the efficient use of land,infrastructure and public service facilities. 1.4 Housing 1.4.1 To provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area,planning authorities shall: a)maintain at all times the ability to accommodate residential growth for a minimum of 15 years through residential intensification and redevelopment and,if necessary,lands which are designated and available for residential development;and b)maintain at all times where new development is to occur,land with servicing capacity sufficient to provide at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment,and land in draft approved and registered plans. Upper-tier and single-tier municipalities may choose to maintain land with servicing capacity sufficient to provide at least a five-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment,and land in draft approved and registered plans. 1.4.2 Where planning is conducted by an upper-tier municipality: Development Services May 4,2022 Report No. DS2022-073 Page 4 of 18 Page 375 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... a)the land and unit supply maintained by the lower-tier municipality identified in policy 1.4.1 shall be based on and reflect the allocation of population and units by the upper-tier municipality;and b)the allocation of population and units by the upper-tier municipality shall be based on and reflect provincial plans where these exist. 1.4.3 Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents of the regional market area by: a)establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households and which aligns with applicable housing and homelessness plans.However,where planning is conducted by an upper-tier municipality,the upper-tier municipality in consultation with the lower-tier municipalities may identify a higher target(s) which shall represent the minimum target(s)for these lower-tier municipalities; b)permitting and facilitating: 1.all housing options required to meet the social,health,economic and well-being requirements of current and future residents, including special needs requirements and needs arising from demographic changes and employment opportunities;and 2.all types of residential intensification,including additional residential units,and redevelopment in accordance with policy 1.1.3.3; c)directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; d)promoting densities for new housing which efficiently use land,resources, infrastructure and public service facilities,and support the use of active transportation and transit in areas where it exists or is to be developed; e)requiring transit-supportive development and prioritizing intensification, including potential air rights development,in proximity to transit,including corridors and stations;and f)establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form,while maintaining appropriate levels of public health and safety. I have reviewed the development proposal and requested minor variance and I am satisfied that the application is generally consistent with the applicable policies of PPS 2020. The proposal and requested minor variance facilitate construction of a new dwelling on a vacant lot of record located in an existing settlement area. The proposal will maintain the existing character of the surrounding community and the subject property as that of a single detached dwelling backing onto Lake Simcoe. While the proposal includes a reduced front yard setback relative to the prevailing zoning regulations, the proposed dwelling will be further from the front property line than the structure recently demolished and will be relatively aligned with the existing dwelling to the west on the retained lands. There are also a small number of lots in close proximity to the subject property that would be impacted by the reduced front yard setback. The reduced front yard setback will also not be exacerbated by other variances such as increases in building height, floor area or reductions to side and rear yard setbacks. Development Services May 4,2022 Report No. DS2022-073 Page 5 of 18 Page 376 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... Should an additional minor variance application be submitted for changes to the proposed dwelling relative to the proposal before the Committee, the cumulative impact of additional variances in conjunction with the reduced front yard setback should be taken into consideration. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 3 are applicable to this application. Table 3 - Policy Matrix (A Place to Grow — Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. 2.2 Policies for Where and 2.Forecasted growth to the horizon of this Plan will be allocated based on the following: How to Grow a)the vast majority of growth will be directed to settlement areas that: 2.2.1 Managing Growth i.have a delineated built boundary; ii.have existing or planned municipal water and wastewater systems;and iii.can support the achievement of complete communities; c)within settlement areas,growth will be focused in: i.delineated built-up areas; ii.strategic growth areas; iii.locations with existing or planned transit,with a priority on higher order transit where it exists or is planned;and iv.areas with existing or planned public service facilities; d)development will be directed to settlement areas,except where the policies of this Plan permit otherwise; e)development will be generally directed away from hazardous lands;and f)the establishment of new settlement areas is prohibited. 2.2.6 Housing 1.Upper-and single-tier municipalities,in consultation with lower-tier municipalities,the Province,and other appropriate stakeholders,will: a)support housing choice through the achievement of the minimum intensification and density targets in this Plan,as well as the other policies of this Plan by: Development Services May 4,2022 Report No. DS2022-073 Page 6 of 18 Page 377 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... i.identifying a diverse range and mix of housing options and densities,including additional residential units and affordable housing to meet projected needs of current and future residents;and ii.establishing targets for affordable ownership housing and rental housing; 2.2.9 Rural Areas 3.Subject to the policies in Section 4,development outside of settlement areas may be permitted on rural lands for: a)the management or use of resources; b)resource-based recreational uses;and c)other rural land uses that are not appropriate in settlement areas provided they: i.are compatible with the rural landscape and surrounding local land uses; ii.will be sustained by rural service levels;and iii.will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations. It is my opinion that the development proposal and requested minor variance generally conform to the applicable Growth Plan policies. The proposal involves construction of a single detached dwelling on a vacant lot in the existing Shanty Bay settlement area that will comply with all applicable regulations except for the reduction in front yard setback requested through this application. The result will be a more efficient land use through infill residential development that is consistent and compatible with the existing land use and built form character. 3. Simcoe County Official Plan The subject property is designated "Settlements" on Schedule 5.1 of the County of Simcoe Official Plan. The subject property is not located in any of the following as designated in the Official Plan: Streams and Evaluated Wetlands; Areas of Natural and Scientific Interest; Wellhead Protection Areas and Surface Water Intake Protection Zones; Highly Vulnerable Areas; Significant Groundwater Recharge Areas. On the basis of my review of the specific policies of the Simcoe County Official Plan provided in Table 4, it is my opinion that the proposal for the subject property and the requested minor variance maintain the general purpose and intent of the County of Simcoe Official Plan. The proposal represents infill residential development of a vacant lot in a settlement area that more efficiently utilizes land and services than under existing conditions without requiring extension of upgrade to existing services. The proposed single detached dwelling is permitted on the subject property and will comply with all applicable zoning regulations except for the requested reduction to the front yard setback, which will result in a dwelling that generally aligns with the existing dwelling to the west and will have minimal impact to other existing dwellings in the community. Table 4 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: Development Services May 4,2022 Report No. DS2022-073 Page 7 of 18 Page 378 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy The planning strategy of this Plan is based on four themes: 3.1 Strategy • Direction of a significant portion of growth and development to settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry, aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.5 Settlements Objectives 3.5.1 To focus population and employment growth and development within settlements,with particular emphasis on primary settlement areas,in accordance with the policies of this Plan. 3.5.2 To develop a compact urban form that promotes the efficient use of land and provision of water,sewer, transportation,and other services. 3.5.3 To develop mixed use settlements as strong and vibrant central places and to create healthy settlements and communities that are sustainable. 3.5.4 To promote development forms and patterns which minimize land consumption and servicing costs. 4. Township of Oro-Medonte Official Plan The subject property is designated "Rural Settlement Area" on Schedule A of the Township of Oro-Medonte Official Plan. The policy analysis matrix in Table 5 addresses the applicable policies. Development Services May 4,2022 Report No. DS2022-073 Page 8 of 18 Page 379 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... It is my opinion that the development proposal and requested minor variance maintain the general purpose and intent of the Official Plan for the following reasons: • The development proposal and requested minor variance will have no impacts on single family residential character of this rural settlement area and the surrounding areas; • The dwelling will be constructed on an existing lot of record and will comply with all applicable zoning regulations except for the requested reduction to the minimum front yard setback; • The reduced front yard setback will be consistent with the structure that previously existed on the subject property and compatible with surrounding properties, and will not result in adverse impacts on the land use and built form character of the area; • No new public services or infrastructure are proposed to support the dwelling; and • The proposed structure maintains the built form and land use character of the subject property as a single detached dwelling, which is consistent and compatible with the surrounding community. Table 5 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.5.1 Goal It is the goal of this Plan to protect,maintain and enhance the natural, STRATEGIC OBJECTIVES agricultural and open space character of the rural area. A2.5 Rural Character A2.5.2 Strategic Objectives b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. A2.6 Growth and Settlement a)To direct the majority of new residential growth to settlements. d)To encourage the more efficient use of land in settlements,where appropriate. A2.6.2 Strategic Objectives SECTION A4—SETTLEMENT AREA Shanty Bay is a settlement area that functions primarily as a residential community. STRATEGY As a result of concerns about the long range impacts of additional development on private septic systems in the community,new development in Shanty Bay will be A4.2 THE STRATEGY restricted to those lands that have already been approved for development in the previous Township of Oro Official Plan. A4.2.5 Shanty Bay New development in Shanty Bay will be serviced by an expansion to the existing municipal communal water system and private septic systems,with the exception that one communal sewage treatment system may be considered for municipal assumption on lands within the east half of Lots 27 and 28,Concession III (Oro). No more than one communal sewage treatment system will be permitted in Shanty Bay as a result of concerns about the cost-effectiveness of operating more than one system in a settlement area. Amendments to this Official Plan that have the effect of designating land for additional residential development in Shanty Bay will not be considered unless: •it can be shown that there is a need for additional development in the Township and in this area;and, Development Services May 4,2022 Report No. DS2022-073 Page 9 of 18 Page 380 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... •the feasibility of developing a communal sewage treatment system servicing the entire settlement area has been investigated to the satisfaction of Council and the appropriate agencies. SECTION C3—RURAL SETTLEMENT C3.1 OBJECTIVES AREAS •To maintain and create attractive communities with suitable amenities. •To ensure that settlement areas are developed in a logical and cost-effective manner. C3.2 PERMITTED USES Permitted uses in the Rural Settlement Area designation as shown on the schedules to this Plan are low density residential uses,small scale commercial uses that serve the needs of the settlement area and the surrounding rural area,small scale industrial development in the form of repair garages,warehouses,workshops or manufacturing and/or fabrication plants,institutional uses such as schools, places of worship,community centres,libraries and similar uses,bed and breakfast establishments subject to Section C1.3.10 and home occupations. 5. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Shoreline Residential (SR)", which permits single detached dwellings and accessory buildings/structures, including boathouses. This minor variance application will facilitate construction of a new single detached dwelling on an existing vacant lot of record in the Shanty Bay rural settlement area. The proposed front yard setback will be consistent with the structure that was previously located on the subject property and recently demolished, and also result in a dwelling that generally aligns with the existing dwelling to the west. The requested minor variance also brings the dwelling close to the street edge to encroach less in the Lake Simcoe Region Conservation Authority (LSRCA) regulated area along Lake Simcoe. It is my opinion that the proposed development is consistent with the single family dwelling character of subject property and the surrounding community, and there will be no adverse land use and built form impacts. Overall, it is my opinion that the requested minor variance maintains the general purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) 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 Development Services May 4,2022 Report No. DS2022-073 Page 10 of 18 Page 381 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variance will facilitate construction of a single detached dwelling on an existing vacant lot of record in the Shanty Bay rural settlement area. The proposal represents efficient infill development that is consistent and compatible with the land use and built character of this community. The requested minor variance to the minimum front yard setback will be compatible with surrounding land uses and consistent with the structure that was previously located on these lands. The reduction in the minimum front yard setback is the only minor variance requested and regulations for building height, lot coverage and setbacks will be complied with. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The requested minor variance will facilitate construction of a single detached dwelling that conforms to the purpose and intent of the Official Plan for rural settlement areas, specifically Shanty Bay. The proposed dwelling is permitted on the existing lot and that height, lot coverage, floor area and setbacks will comply with the zoning regulations. On this basis, it is my opinion that the dwelling will maintain the existing built form character of the surrounding community and implement the general purpose and intent of the Official Plan. Are the variances desirable for the appropriate development of the lot? Yes. The minor variance will facilitate a compatible and appropriate single detached dwelling on an existing lot that is currently vacant. The proposed dwelling will enhance the efficiency of land use in the community with built form character that complies to most of the applicable zoning regulations and will be consistent with other dwellings in the surrounding area. Are the variances minor? Yes. The requested minor variance will result in a dwelling constructed in relative alignment with the existing dwelling to the west in a location comparable to the structure that previously existed on the property. There are a minimal number of properties and structures in close proximity to the subject property that would be impacted by the reduction in the minimum front yard from 7.5 metres to 3.5 metres, and no additional variances are requested that would exacerbate the impacts of this reduced setback. The proposed structure will be located in an area that maintains the existing built form character of the community and minimizes impacts to existing land uses in the surrounding area. Development Services May 4,2022 Report No. DS2022-073 Page 11 of 18 Page 382 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building — Building Division has no comments at this time. Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Operations — No comments. Lake Simcoe Region Conservation Authority - No objection subject to the condition that an LSRCA permit be obtained under the Conservation Authorities Act and Ontario Regulation 179/06. Development Services May 4,2022 Report No. DS2022-073 Page 12 of 18 Page 383 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2022-A-28 be approved subject to the conditions as outlined in this report, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Andria Leigh, Deputy CAO/ Director, Development Services April 28, 2022 Development Services May 4,2022 Report No. DS2022-073 Page 13 of 18 Page 384 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... .0 11a9 a� t:3 M R 1 1197 26d r« 49 �r a' s h $ 1207 6D 59 T1 70 8 L M 122d 1219 69 L 12213 d19 1227 0 Brook St. tv 11234 c J 1293 354 12 22 93 30 ��Sd t9i 99 41 P3 71 F35 53 31 17 1 5 25 Kempenfelt Day chedde 1 Location TfFUNSItif?4�f/�/ � Subject Lands ��-/- �[& Proud Heritage,Exririag Futrire 0 `00 m I. -irt'ui 2022-A-28 41 1 1 1 1 1 Development Services May 4,2022 Report No. DS2022-073 Page 14 of 18 Page 385 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... +s 1g�y sr. m a r - Schedule 2 � Aerial Photo f��F�ari�,��1r;r r}► �f O Subject Lands F�ruraJ Ffa•riruy,�r,Lxeirin,� 1'urrrr�• 0 40 m File Number-2022-A-28 41 1 i i 1 Development Services May 4,2022 Report No. DS2022-073 Page 15 of 18 Page 386 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos Y Subject Property Viewed from Bay Street Existing Site Conditions(looking east towards east property line) *6" * ' y". ' .,ts++' 2. Y^ ,* 0 e Bay Street along Frontage of Subject Property(looking Bay Street along Frontage of Subject Property(looking west) east) 'r Structure Previously Located on Subject Property Development Services May 4,2022 Report No. DS2022-073 Page 16 of 18 Page 387 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan r� P � �qL Ids rr MY +Ia] 4 ' 'r aF� O- s - '� ✓VolA° ' •.__ '"'r C� e`'4 �RroPvrreA 3.5 m hm}Vaea sethsack 11Wr1 M i]I.} ur.n—�' r so re a Proposed ' 1f aura * �, _...Dwelling and Cy Mo.ar "� n_ Adachad d ; __f2aqrjqe. DEN r � Y a a C p + a sas5s�gaes(G r� R E 0,0 � 4 8 5 v �m�m war ar 3 Development Services May 4,2022 Report No. DS2022-073 Page 17 of 18 Page 388 of 589 6.k) 7.50 p.m. DS2022-073, Michael Barton, Township Planning Consultant ... 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File #: 4346-010-005-01620 1563 15/16 Sideroad East D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-060 be received and adopted. 2. That Minor Variance Application 2022-A-29 by Manuela Filoso specifically for permission to build an addition to the existing non-complying single detached dwelling with a reduced setback of 15.0 metres (49.2 feet) from the limits of the Environmental Protection Zone and a reduced setback of 26.0 metres (85.3 feet) from the top of bank of the watercourse, on lands municipally known as 1563 15/16 Sideroad East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-060. 3. The conditions are as follows: a) That notwithstanding Section 5.27, Section 5.16.1 (c) and Section 5.32, the single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority in accordance with the LSRCA's letter dated April 25, 2022; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 4, 2022 Report No. DS2022-060 Page 1 of 15 Page 400 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re: Minor Variance Applic... Background: The subject property has a lot area of 0.16 hectares (0.4 acres), according to MPAC records, and contains a single detached dwelling. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicant is proposing to enlarge the existing non-complying single detached dwelling by building an attached two car garage. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 5.27 — Setbacks from Limits of Environmental Protection Zone Required. Proposed: 30.0 metres (98.4 feet) T1 5.0 metres (49.2 feet) Section 5.16.1 (c) — Enlargement, repair or renovation of a non-complying building Required: Proposed: Does not in any other way increase a Addition to the existing single detached situation of non-compliance. dwelling within the required 30.0 metres (98.4 feet) setback from the Environmental Protection Zone. Section 5.32 — Setback from the top of bank of the watercourse Required. Proposed: 30.0 metres (98.4 feet) 26.0 metres (85.3 feet) The applicants' site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1 .1.3 — Settlement Areas is applicable to this application. Specifically, Section 1.1.3.1 speaks to settlement areas being the focus of growth and development. The subject lands are located within the East Oro settlement area; therefore, Planning Staff is of the opinion that this application is consistent with the Settlement Areas policies of the PPS. Section 2.1 — Natural Heritage, Section 2.2 —Water and Section 3.1 — Natural Hazards are also applicable to this application due to the presence of the watercourse along the eastern and northern lot lines. Planning Staff is of the opinion that the proposed development is consistent with these policies, as the proposed addition is located on the Development Services May 4, 2022 Report No. DS2022-060 Page 2 of 15 Page 401 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re: Minor Variance Applic... opposite side of the dwelling, away from the watercourse; therefore, it is not anticipated to have an adverse impact on the natural heritage features as it will not encroach any closer to the watercourse than the existing single detached dwelling. 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 2.2.1 Managing Growth is applicable to this application and states that settlement areas should be the focus of growth. This section has been reviewed and Planning Staff are of the opinion that the proposed attached garage conforms to the policies in the Growth Plan as the lands subject to this application are already within an established residential settlement area. Section 4.2.2 — Natural Heritage System is not applicable to this application as the Natural Heritage System policies excludes lands within settlement area boundaries that were approved and in effect as of July 1, 2017. County Official Plan The property is designated Settlements in Simcoe County's Official Plan. The Settlements designation is the focus of population growth and seeks to develop a compact urban form that promotes the efficient use of land. In Planning Staff's opinion, the proposed attached garage is consistent with the County's Official Plan as it is an addition to the existing permitted residential use. Lake Simcoe Protection Plan The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "expansion to existing buildings or structures, accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed attached garage will be located further from the watercourse than the existing dwelling and it is not anticipated to have any adverse impact on the natural heritage feature. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the application and indicated that they are satisfied that the proposal is consistent with the natural hazards policies of the Provincial Policy Statement. Based on their review of the submitted information, from a watershed management perspective, they confirmed that the LSRCA has no objection to the proposed minor variances. Although the proposed development is located outside the regulated area, they indicated that clearance from the LSRCA will be required prior to any development taking place (included as condition Development Services May 4, 2022 Report No. DS2022-060 Page 3 of 15 Page 402 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re: Minor Variance Applic... 3(c) in the Recommendations section above). The LSRCA's full comments are included as Schedule 6 to this report. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated Rural Settlement Area in the Township's Official Plan. The intent of the Rural Settlement Area Designation is: • To maintain and create attractive communities with suitable amenities; and, • To ensure that settlement areas are developed in a logical and cost-effective manner. Permitted uses in the Rural Settlement Area designation include single detached dwellings. Therefore, the requested variances pertaining to the construction of an addition to the existing residential use is considered to conform to the Rural Settlement Area policies. Section B5.1.2 — Rivers and Streams seeks to recognize and protect all significant rivers and streams in the Township from development that may have a negative impact on their function. Section B5.1 .2.3 states that a reduction in the minimum 30.0 metres (98.4 feet) setback from the boundary of the Environmental Protection Zone shall require a minor variance subject to the comments from the appropriate agencies. As discussed above, the LSRCA provided comments in support of the requested variances; therefore, Planning Staff is satisfied that the proposed single detached dwelling addition would conform to the general intent and purpose of the Rivers and Streams policies in the Township's Official Plan. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as illustrated on Schedule 5 to this report. The EP Zone serves as a protective buffer around a watercourse that runs along the eastern interior side lot line, flows into the ditch along the front lot line and crosses under the road Development Services May 4, 2022 Report No. DS2022-060 Page 4 of 15 Page 403 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re: Minor Variance Applic... through a culvert which is located in front of the single detached dwelling. The applicant is proposing to build an attached 2 car garage on the west side of the non-complying dwelling; therefore, the applicant is seeking relief from the Zoning By-law to permit- 1) A reduced setback from the limits of the Environmental Protection Zone from 30.0 metres (98.4 feet) to 15.0 metres (49.2 feet); 2) A reduced setback from the top of bank of the watercourse from 30.0 metres (98.4 feet) to 26.0 metres (85.3 feet); and, 3) Permit the enlargement of a non-complying building which increases the situation of non-compliance. The Township's Zoning By-law limits the types of uses that are permitted in the Environmental Protection Zone in order to ensure that environmentally sensitive features are not negatively impacted by development and so that development does not put people and property at risk of natural hazards. Section 5.32 of the Township's Zoning By-law prohibits buildings and structures within 30 metres (98.4 feet) of the top of bank of any watercourse to prevent flooding and erosion hazards. The existing single detached dwelling is non-complying as it does not meet the required 30.0 metres (98.4 feet) setback from the limits of the Environmental Protection (EP) Zone as the north east corner of the dwelling is located in the EP Zone and it does not meet the required 30.0 metres (98.4 feet) setback from the top of bank of the watercourse. Section 5.16.1 of the Township's Zoning By-law permits the enlargement, repair or renovation of non-complying buildings and structures provided that the enlargement, repair, replacement or renovation: a) "does not further encroach into a required yard or into the setback area from the average high water mark of 15 metres (49.2 feet) from Bass Lake or 20 metres (65.5 feet) from Lake Simcoe (see section 5.28); b) does not increase the useable floor area in a required yard. Crawlspace foundations are permitted provided the same does not allow for human habitation and that same foundation does not exceed 1 .8 metres in total height; c) does not in any other way increase a situation of non-compliance; and, d) complies with all other applicable provisions of this By-law" (p. `5-9'). In Planning Staff's opinion, the proposed addition is not anticipated to have any adverse impacts on the watercourse as it will be located further away from the watercourse than the existing single detached dwelling. For the reasons outlined above, Planning Staff are of the opinion that the proposed variances meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed attached garage would be located at the end of the existing driveway in an area that is already been paved. Based on the characteristics of the lot with a row of large hedges along the eastern interior side lot line, a wooden privacy fence along the western interior side lot line, a farmer's field to the south and a farmer's field across the road to the north, the proposed attached garage would have a minimal impact on the adjacent landowners and will not Development Services May 4, 2022 Report No. DS2022-060 Page 5 of 15 Page 404 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re: Minor Variance Applic... result in the over-development of the subject lot. Prior to issuance of a building permit, the owners will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval. The plan will ensure that water drainage resulting from the proposed attached garage will be mitigated on the subject lands and will not impact neighbouring lots. Since the proposed addition will not encroach any closer to the watercourse than the existing single detached dwelling, and the proposed addition is not anticipated to have any adverse impacts on the adjacent properties, Planning Staff are of the opinion that the proposed variances are considered desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed attached garage is not anticipated to have any adverse impacts on any natural heritage features. 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 is 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 • Lake Simcoe Protection Plan Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate Development Services May 4, 2022 Report No. DS2022-060 Page 6 of 15 Page 405 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re: Minor Variance Applic... utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. • Township Infrastructure and Capital Projects — No comments. • Township Building Division — No comments. • Lake Simcoe Region Conservation Authority (LSRCA) — See Schedule 6 to this report. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawing Schedule 5: Existing Zoning Schedule 6: Lake Simcoe Region Conservation Authority comments dated April 25, 2022. Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-29 be approved, specifically to permit construction of an addition to the existing non-complying single detached dwelling with a reduced setback of 15.0 metres (49.2 feet) from the limits of the Environmental Protection Zone and a reduced setback of 26.0 metres (85.3 feet) from the top of bank of the watercourse, on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, an represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services April 26, 2022 Andria Leigh, Deputy CAO/Director Development Services April 26, 2022 Development Services May 4, 2022 Report No. DS2022-060 Page 7 of 15 Page 406 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re- Minor Variance Applic... Schedule 1: Location Map . I 4brt Ya lill T KA B42 833 -33 828 82�3 129 615r- �$ 14594 1:5116 Srd. E. 1471 1499 16M 1523 1� 15d9 1:=u3 563 - 1467 � - e_ - 792 J 1 1667 8 l� ogle Way CL PU 2 7 5 55 744 17-FO 77 18it3 715 1375 Schedwe 1 ION Location � � �sh- f A%R �uNect Lands 0;;i ���,(el ® !road i3rrita�r,lrxrilix�l=r�tur� 11 2DO m =le INunher:2tb22-A--- Development Services May 4, 2022 Report No. DS2022-060 Page 8 of 15 Page 407 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re- Minor Variance Applic... Schedule 2: Aerial Photo 9 Srd.E 1` • /r I Schedule 2ao -> Aerial Photo -= ®`,ubjecz Lands lhosod Heritage,1:'vcmjrq 1-aalurr 4 :0 m Fie Nun6er 2022-A-Ne 'fir" I i i Development Services May 4, 2022 Report No. DS2022-060 Page 9 of 15 Page 408 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re- Minor Variance Applic... Schedule 3: Applicant's Site Plan 15F,3 15-1G SIDCROA❑C y�oouxexv.auEu Frzu»u.<E cr,,.uE rztc�..,H coN.e�enoN apeRlnv Nnwrx� �i ysmso�y \ Y o m 3 no,Rn: LL cnnox nc 19 aernc snTew I __,_.__ n srran.�un 6 I - a•.z':'e[zsn i N � n �r I \ I - i s-is ini.woa vne rna� I i � �F io Remuuy� � y?�}//f/l l r-1 I \\ I i i -"rr.e�.a.anrrnan mn iM L____J L_J L_____ - I i eRRnxslw ew�v I ,. iu.evnw \ i \ II i i i EX.SPLIT i i PROPOSPCI7 LEVEL i i CAR GARAGE OU/C LLING i I i AOOITION i Il i i .4.471 b N.Friaul I I I ——_s _—————————— J I«oremv srreti^.R uNes i riING EIGH:AUR.I UrIII4G NEIGHBWR. f.xFl laD i[�_— ------ ---_—_-----_—_—_—_�_ - IC�rtPf.I:Pt) Schedule 3 Applicant's Site Plan File Number 2022-A-29 Proud Heritage,Exciting Future Development Services May 4, 2022 Report No. DS2022-060 Page 10 of 15 Page 409 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re- Minor Variance Applic... Schedule 4: Elevation Drawing --------------- ------------ Schedule 4 Applicant's Elevation Plan , [OfY �c�c/� � File Number 2022-A-29 Proiid Heritage,Exeititie Feature Development Services May 4, 2022 Report No. DS2022-060 Page 11 of 15 Page 410 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re: Minor Variance Applic... Schedule 5: Existing Zoning P . Ilrl P a'I�IT�Ir L y T A,=RJ i AYRU 15116 Srd. E. A.RU AIRII •`�c f'I���l.e � �� Existing Zoning I,; h f 0 M �, 0 �a (Resideni�dl� e) ��� Subject Lands !'road Flcrdta nr,Exeiling Pimpre 0 P4 RU(Agricultural/Rural) - EP(Environmental Protection) 0, 100 m File N..-T,b-r:2022-A-29 AVI I I II Development Services May 4, 2022 Report No. DS2022-060 Page 12 of 15 Page 411 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re: Minor Variance Applic... Schedule 6: Lake Simcoe Region Conservation Authority comments dated April 25, 2022. Lake Simcoe Region wrlservatian authority www.LSl'tCA.cn.ca Sent via e-mail: planning@ oro-medonte_ca April 25'"r 2O22 Municipal File No.: 20 2-A-29 LSRCA File No_:VA-141526 Andy Karsiskekis Secretary-Treasurer Development Services,Township of Oro-Medante 148 Line 7 South Oro-Medonte,ON LOL 2EU Dear Mr_Karaiskakis: Re: Application for Minor Variance 1563 15/16 Sideroad E Township of Oro-Medonte Manuela Filoso LSRCA staff have reviewed the above-noted application for Minor Variance_ The proponents are proposing to build an attached twc car garage°The applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 5.27—Setbacks from Limits of Environmental Protection Zone Required: Proposed: 30.0 metres(98.4 fleet) 15_0 metres(49.2 feet� Section 5.16_1(c)—Enlargementr repair or renovation of a non-complying building Required: Proposed: Does not in any other way increase a situation Addition to the eAsting single detached of non-compliance. dwelling within the required 30.0 metres (99.4 feet)setback from the Environmental Protection Zone_ Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: ■ Application Farm ■ Site Plan 120 Bayview Parkway I T 905.895,1281 Newmarket, Ontario L3Y 3W3 F '905.853,5881 Member o$ Conservation Ontario TF 1.800.465,0437 Development Services May 4, 2022 Report No. DS2022-060 Page 13 of 15 Page 412 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re- Minor Variance Applic... Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. LSRCA has also provided comments as per our MOU with our member municipalities representing matters pertaining to watershed planning, natural heritage and stormwater management. The application has also been reviewed through our role as a public body under the Planning Art as per our CA Board approved policies_ Recommendation Based on our review of the submitted information, from a watershed management perspective, we confirm that LSRCA has no objection to the proposed minor variance subject to the following condition- * That the LSRCA review fee($525.00)for the Minor Variance application be paid. Site(haracteri5tics Existing mapping indicates the following: • Part of the lands are within an area governed by Ontario Regulation 179/06 as made by the Conservation Authorities Act for erosion hazards Imeanderbelt)of Bluffs Creek • The subject property is within an Ecologically Significant Groundwater Recharge Area(ESGRA) • The subject property is partially within Simcoe Greenland as identified in the Simcoe County Official Plan Schedule 5.1 Pieose mote: LSRCA staff have nor attended any site meetings at this location related to the subject applications. Development Services May 4, 2022 Report No. DS2022-060 Page 14 of 15 Page 413 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re: Minor Variance Applic... Lake Sim€oe Region ':on scri aL on aULI o'i- Page 3 of 3 Delegated Resaci n i i bility and Statutory Comments: 1_ LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). There are identified natural hazards on the subject lands (erosion hazard area). Through our review of the submitted materials, and in consideration of the existing site condition,the proposal is consistent with the PPS_ 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm thatthe control of flooding,erosion,dynamic beaches, pollution orthe conservation of land are not affected_LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. There are regulated elements on this site, however, the proposed garage does not appear to be within the regulated portion of the property.As such,a clearance will be required from the LSRCA in advance of development andfor site alteration on the property. Please contact LSRCA regulations staff far reviewv of the proposal and to obtain a clearance email. Summary Based on our review of the submitted information, from a watershed management perspective, we confirm that LSRCA has no objection to the proposed minor variance subject to the following condition: ■ That the LSRCA review fee($525.00)for the h1inor Variance application be paid_ Ginren the above comments,it is the opinion of the LSRCA.that: 1_ Consistency with Section 3_1-of the PPS has been demonstrated; 2_ Ontario Regulation 179/06 does apply to the subject site, however the proposed development is located outside of the regulated area_ Clearance from LSRCA will be required prior to any development taking place. Please inform this office of any decision made by the municipality with regard to this application. We respectfully request to receive a copy of the decision a nd notice of any appeals filed. Should you have any questions,please contact the undersigned(e_cIias@lsrca_on_ca) Sincerely, /'4? Emma Dias J un ior Pla nn ing and Natural Heritage Analyrst Development Services May 4, 2022 Report No. DS2022-060 Page 15 of 15 Page 414 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re: Minor Variance Applic... zh � cu w o o cn 0 i.L a� N � y Q N N O W \ a U CL C Q - 4-0 LU Cu •— a� 4-0 ca U) O , c� O 0 C/) > co -4-- — LO c� O CO . . . . •— LO a� Co JW N1U OQ C� Page 415 of 589 6.1) 8.00 p.m. DS2022-060, Catherine McCarroll re: Minor Variance Applic... 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Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-055 Development Services Committee Danielle Waters, Planner Meeting Date: Subject: Motion # May 4, 2022 Consent Application 2022-B-10 by Victor Parsons Roll #: 342 Tudhope Boulevard R.M.S. File #: 4346-010-009-82700 D10-60486 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2022-055 be received and adopted; 2. That Consent Application 2022-B-10 to permit the creation of a new residential lot be deferred, to allow the applicant time to provide a revised site plan, including a building and septic envelope for the proposed lot. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject lands are located at 342 Tudhope Boulevard and possess a lot area of approximately 0.7 hectares (1 .7 acres). The lands are tree covered, with an existing dwelling and detached accessory building. Surrounding land uses consist of low-density residential uses, predominantly in the form of single detached dwellings. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. The purpose of Consent Application 2022-B-10 is the creation of a new residential lot. The Applicant's Consent Sketch is included as Schedule 3. The details of the proposed consent (severance) are provided in the table below: Lands to be Severed: Lands to be Retained: Frontage: Approximately 38.1 m 125 ft. Approx. 82.3 m 270.0 ft. Depth: Approximately 58.5 m (191.8 ft.) Approximately 58.5 m (191 .8 ft.) Area: Approximately 0.2 ha (0.5 ac.) Approximately 0.48 ha (1.18 ac.) Use: Residential Residential Development Services Committee May 4, 2022 Report No. DS2022-055 Page 1 of 10 Page 426 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re: Consent Applicat... 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 are applicable to this application. This application represents limited residential development that is consistent with the PPS with respect to Rural Areas, as the lands are designated by the Township's Official Plan to generally permit this form of development. Based on the above, Planning Staff are of the opinion that the 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 2.2.9 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 already within an established residential area. Section 4.2.4.5 permits infill development outside of settlements areas, in developed shoreline areas of inland lakes that are designated or zoned for concentrations of development. As the lands are designated by the Township's Official Plan to generally permit this form of development and the proposed development would create an infill lot within a concentration of existing development, Planning Staff are of the opinion that the application conforms to the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside 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 located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have reviewed the consent application in context to the LSPP and the following policies are applicable: "6.3-DP Within shoreline built-up areas, an application for development or site alteration within 120 metres of the Lake Simcoe shoreline shall be accompanied by a natural heritage evaluation that satisfies the requirements of policy 6.26..." Planning Staff have considered the location and context of the proposed lot and note that the lands are: Development Services Committee May 4, 2022 Report No. DS2022-055 Page 2 of 10 Page 427 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re: Consent Applicat... • Entirely surrounded by existing shoreline residential development; • Farther than 120m from Lake Simcoe; • Separated from the Lake Simcoe Shoreline by existing development and by a public road (Lakeshore Road); and • Not adjacent or in proximity to any other identified Natural Heritage Features. Based on the above, Planning Staff are of the opinion the application conforms to the LSPP. County of Simcoe Official Plan The subject lands are designated Rural in the County of Simcoe's Official Plan. Section 3.7.4 lists limited residential development as a permitted use within the Rural designation. Section 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. 39 of Simcoe County's Official Plan). In Planning Staff's opinion, the proposed consent application conforms to these policies as the proposed lot is limited in size and located within an existing shoreline residential area. Under the General Development Policies, Section 3.3.13 states that all development within the area of the Lake Simcoe Protection Plan is required to satisfy the provisions of Section 3.13 of this Plan. Section 3.13 reiterates the policies listed in the Lake Simcoe Protection Plan which are discussed in the previous section of this report. As of the preparation of this report, Development Services Staff have not received comments from the County. Committee members should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject property is designated Shoreline in the Township's Official Plan. The Shoreline designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. Section C5 of the Township's Official Plan outlines the permitted uses within the `Shoreline' designation, which includes single detached dwellings. The proposed consent was assessed against the development of land policies in the Shoreline Designation. Specifically, Section C5.3 of the Official Plan "Residential Development Policies" contains policies related to "New residential Plans of Subdivision" (Section C5.3.3), and related to the "Limits of Shoreline development" (Section C5.3.4), however, the scope of policies contained in these sections is limited to either the creation of multiple lots by Plan of Development Services Committee May 4, 2022 Report No. DS2022-055 Page 3 of 10 Page 428 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re: Consent Applicat... Subdivision, or to the expansion of the Shoreline designation in Schedule A to the Official Plan. On this basis, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed application for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1, "New Lot by Consent — General Criteria": a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed and retained parcels would front onto a Township road, specifically Tudhope Boulevard, which is maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: the subject lands do not have access to a Provincial Highway or County Road c) Will not cause a traffic hazard; Conforms: Upon site visit, Planning Staff noted that the severed parcel would require a new municipal entrance. No traffic concerns have been identified by the Operations Department, but the applicant will be required to obtain an entrance permit and to provide the Township with a daylighting triangle as a condition of consent. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Conforms- Both the severed and retained parcels would comply with the Zoning By- law's lot frontage and lot area requirements (minimum lot frontage 30m and minimum lot area 0.2 ha). Additionally, residential uses are permitted, and are compatible with the adjacent residential uses. e) Can be serviced with an appropriate water supply and means of sewage disposal; Does not currently conform: the severed and retained land generally possess sufficient land area for any future dwellings to be serviced by private individual on-site services (well and septic system). However, options for the positioning of those services on the lands may be restricted in relation to existing surrounding wells and septic systems. Therefore, as per the comments received from the Township's Building Department, Planning Staff are recommending deferral of the application to allow the applicant time to submit a plan to the Building Division with approximate building and sewage system envelopes for possible future development, as well illustrating surrounding wells and their required clearances. Development Services Committee May 4, 2022 Report No. DS2022-055 Page 4 of 10 Page 429 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re: Consent Applicat... f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. Any future structures on the severed lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission in accordance with the Township's policies. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- The retained lands are designated Shoreline and are thus not designated for development beyond the level of their current use, which is for single detached residential purposes. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conforms- The subject lands and immediately surrounding area do not exhibit the characteristics of lands that might possess significant natural heritage features and is more than 120m from Lake Simcoe. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Does not currently conform: the severed and retained land generally possess sufficient land area for any future dwellings to be serviced by private individual on-site services (well and septic system). However, options for the positioning of those services on the lands and protecting well water supplies may be restricted in relation to existing surrounding wells and septic systems. Therefore, as per the comments received from the Township's Building Department, Planning Staff are recommending deferral of the application to allow the applicant time to submit a plan to the Building Division with approximate building and sewage system envelopes for possible future development, as well illustrating surrounding wells and their required clearances. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: Planning Staff have reviewed this application against Section 51(24) of the Planning Act and find that it meets the requirements of the Act. Based on the above, Planning Staff are of the opinion that the application does not yet conform to the Official Plan as additional information is required to satisfy comments received. Development Services Committee May 4, 2022 Report No. DS2022-055 Page 5 of 10 Page 430 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re: Consent Applicat... Zoning By-law 97-95 The subject lands are zoned Shoreline Residential (SR) in the Township's Zoning By-law 97- 95, as amended. Single detached dwellings are permitted in the Shoreline Residential (SR) zone and both the severed and retained parcels would comply with the Zoning By-law's lot frontage and lot area requirements (minimum lot frontage 30m and minimum lot area 0.2 ha). 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 • Lake Simcoe Protection Plan • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: Notice of this application was 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 requires: o Existing and proposed sewage envelope complete with clearances to property lines, surrounding wells, buildings, waterways etc. o Existing and proposed well locations and types complete with clearance requirements. 50 feet drilled, 100 feet dug. o Proposed building envelope for house and setbacks in compliance with the Zoning by-law. o Proposed sewage system and building envelope should be consistent with what a typical proposed dwelling would be. E.g. 3-4 bedroom house, 25-30 fixture units, 1800-2000 sq. ft. Development Services Committee May 4, 2022 Report No. DS2022-055 Page 6 of 10 Page 431 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re: Consent Applicat... o Existing sewage envelope may have to be uncovered to confirm. o Owner/applicant to be aware of on-site sewage system clearance requirements outlined in 8.2.1.6. of the Ontario Building Code. • Development Engineering — No objection, an engineered lot grading plan will be required for any proposed structures • Operations Division —will require a 10m X 10m daylight triangle on the corner of Tudhope Boulevard and Lakeshore Road East • Bell Canada — No concerns. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Conclusion: Based on Planning Staff's analysis it is recommended that Consent Application 2022-B-10 be deferred, to allow the applicant time to provide an updated site plan with the appropriate building and septic envelope. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services April 27, 2022 Andria Leigh, Deputy CAO/Director, Development Services April 27, 2022 Development Services Committee May 4, 2022 Report No. DS2022-055 Page 7 of 10 Page 432 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re- Consent Applicat... Schedule 1: Location Map 672 691 682 7Q3 698 e = + s 712 714 721 xie4.r?° 726 172 188 202 216 234 246 262 276 290 736 960 744 968 N Tudhope Blvd. 301 758 96� m 315 760 -J 973 1i" _ 11 245 257 275 285 764 783 325 977 Y 778 10 981 786 789 5 762 343 $40 856 860 17 796 172 754 776 792 342 832 850 864 SO4 4 ��` 188 198 746 345 Gr 872 toF3\5 a9 dal Springhome Rd. Lakeshore Rd, E. 6a'sT��7i� 3 iB 765 7 791 799 130 138 859 i60 59 775 122712 $ 9098 173 187 66 74 82 paf%0400 ar' 147 181 678 9 58 129 155 163 123 139 81 89 99 662 670 47 41 33 65 73 � 687 Schedule 1 ...•'� Location Subject Lands 0.�R/ Proud Heritage,Extiring Future 0 2C'" m File Number:2022-B-10 4 1 1 1 1 1 Development Services Committee May 4, 2022 Report No. DS2022-055 Page 8 of 10 Page 433 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re- Consent Applicat... Schedule 2: Aerial Photo CD m - a t I 3, f 1 � � ., A Lakeshore Rd.E. iS Schedule 2 Aerial Photo �4 {mensltop of Subject Lands ,-A Prowd Herirnirr.Extirir{q Fimerr, 0 DO m File Number:2022-B-16 �' I i 4 i r I Development Services Committee May 4, 2022 Report No. DS2022-055 Page 9 of 10 Page 434 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re- Consent Applicat... Schedule 3: Applicant's Consent Sketch SKETCH OF SURVEY Or iL O T 3 REGISTERED PLAN I Z•TOWNSHIP OF ORO COUNTY OF SIMCO E 1973 35 3S 19135' Fd.Sig 3 `-' �• ro A W I STOREY $RICO( r.OUSE `i • C C r. m o � a Q = Q z IV 1. L: ra-sla F-5 SIS J4 +� N 59'it 5 ''E 19f 35 Road Allowance 3etween Lots 25 ct7d 26 MTE; THIS SKETCH IS PIREP:REO FOR MORTG.GE PUR.-CSES Or,-Y a17GE+TA, WEL5M-N. `Jnr.I I Load SurrrYvr Development Services Committee May 4, 2022 Report No. DS2022-055 Page 10 of 10 Page 435 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re: Consent Applicat... J� ?c r W x 'S fi-BU1'l ^-r EA -TH U yy W V� O U m O c L F %%-000 OIGO ISII]I]�Ed�l]Ij{ 1 9 W (N c O _ •U ca U) Q O � Q m 0 cu a) - a) o a) � � c: D � U) C) . . . . 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V) c[d AAISa'd'oypny O '^ V) ui 9. cuQ a N Y %%-WOO J rt O N N O N O -1--j C6 U Q- CL Q N U) c: U • • 0 -1-0 a L Q Page 438 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re: Consent Applicat... �4�) cU) � L- 0 z I � wcu w _..1 0 O 0�.U-�00 m@ w a ryryLjj N Ou U OIGO w (+'1 c1F3 v� - CU 000 r s -• � � z 0 N UJ F— s 3 sb�ss¢ il M„ s,asoasa ° O J M N 4 J p O ' 4-0 cu U Q C Q � O o C) v M CL a Page 439 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re- Consent Applicat... �4�) O Cu O ;" *"ri t. t WIT asp e� 6 t: N N _ o 0, fn : iOi , T l�^ i lY^/ i O U Page 440 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re- Consent Applicat... ?a k'1 t ; 9 ✓; S '.; O f� 4 001—*N XJ J o }, O to cu N N O N O C6 U Q- Q �t i Q N a� to O O U cu J C O (a W Page 441 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re- Consent Applicat... O f o x e, U) O rr/� r VJ cu a, O m� W N N O N O C6 U ram' O O r C O O Z Page 442 of 589 6.m) 8.10 p.m. DS2022-0555 Danielle Waters, Planner re- Consent Applicat... ,'IAd w Y5k W j { r 0) C� �_ _ U) ,a `. �x O w .� N ti IGO :. cu C } R N _ U) ' _ + cu U w Page 443 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re- Consent Applicat... !F cu ■i 1 �•xk r Q N �P N . .' - � w. cu r" V �^ U o Q a) a) W 4 VJ �� o Q 4-i U 4-' 0 _- Page 444 of 589 6.m) 8.10 p.m. DS2022-055, Danielle Waters, Planner re: Consent Applicat... �r� C 1 U) O 0 � ° vJ U c O n a to to ca c o � U N O U) -- _° " L N ° - (U� w � U N 0_ ° ° E �+ Q 4 O Ocu +� U � U) > ca (U p ° ca > �_ o a) ° (U ai (UN Q to L a) N O O ^' 0 N U ca W LO oO E N . O +� +� }, fa 0 C) Q V O U U N �= � Q � ° Q- � CU Q o � CUo � � o ° Q Q O O 0 � � ° Q� U c\i co Page 445 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2022-074 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # May 4, 2022 Consent Application 2022-B-11 Roll #: by Mary Lynn Weinert R.M.S. File #: 4346-020-004-18100 41 Cahiague Road D13 60493 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-074 be received and adopted. 2. That the Development Services Committee approve Consent Application 2022-13- 11 being a boundary adjustment to convey a parcel having an area of 7.85 hectares from 41 Cahiague Road to be added to the adjacent parcel at 25 Cahiague Road, while retaining the existing single detached dwelling and accessory structure on the retained lands of 1.15 hectares, subject to the conditions outlined in Report DS2022-074. 3. The conditions are as follows: a. That the severed lands with an area of approximately 7.85 hectares be merged in title with the abutting property to the north, identified municipally as 25 Cahiague Road, 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-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. The Applicant confirm by way of survey to the satisfaction of the Township's Building Division that the septic system meets the minimum clearance requirements to the proposed property line outlined in Section 8.2.1.6 of the Ontario Building Code. Development Services May 4,2022 Report No. DS2022-074 Page 1 of 20 Page 446 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... c. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; d. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; e. That all municipal taxes be paid to the Township of Oro-Medonte; 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; and, 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: 1 . Site Location and Existing Conditions This consent application relates to 41 Cahiague Road (the "subject property") and 25 Cahiague Road (the "receiving lands"), as illustrated on Schedule 1 . An aerial view of these properties and their limits is provided on Schedule 2. The subject property has approximately 246 metres (807 feet) of frontage on Cahiague Road and lot area of just under 9 hectares. There is an existing single detached dwelling and three detached accessory structures located on the property. The property is predominantly agricultural/rural and natural environment in character. The receiving lands are occupied by a singled detached dwelling and have 63.7 metres (209 feet) of frontage on Cahiague Road and lot area of approximately 0.4 hectares. The subject property surrounds the receiving lands on the east, west and south sides. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property and receiving lands: • Simcoe County Official Plan: Greenlands • Township of Oro-Medonte Official Plan: Rural Development Services May 4,2022 Report No. DS2022-074 Page 2 of 20 Page 447 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... • Zoning By-Law: Agricultural/Rural (A/RU) and Environmental Protection (EP) 3. Proposal This application for consent will sever approximately 7.85 hectares from the subject property and transfer these severed lands to the receiving lands. The retained lands will be approximately 1.15 hectares in area and will include the existing single detached dwelling and one of the detached accessory structures (shed) that are currently located on the subject property. The severed lands will be transferred to the receiving lands to form a merged parcel of 8.25 hectares. The effect of the consent will be to transfer lands from the subject property to the receiving lands with no new lot creation. The dimensions of the severed and retained lands are provided in the table below. Lands to be Severed Lands to be Retained Total Merged Lands from 41 Cahiague (41 Cahiague North) (25 Cahiague North) Road Frontage: 131 m 430 ft 114.91 m 377 ft 194.77 m 639 ft Depth: 302.97 m 994 ft 99.98 m 329 ft 302.97 m 994 ft Area: 7.85 ha 1.15 ha 8.25 ha Use: Accessory structures Single detached Single detached dwelling and accessory dwelling and accessory structures structures Based on the information provided in the application, it appears that the severed, merged and retained lands will comply with the applicable zoning regulations and no minor variances are required. The proposed severance reference plan is included in Schedule 4. Analysis: 1 . Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 1 are applicable to this application. The proposed consent will not result in creation of a new lot and will sever and transfer agricultural/rural and environmental protection lands from the subject property leaving the existing single detached dwelling on a lot that satisfies the minimum lot area and Development Services May 4,2022 Report No. DS2022-074 Page 3 of 20 Page 448 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... frontage requirements. It is my opinion that the proposed consent is consistent with PPS 2020 for the following reasons: • The proposed consent will transfer existing Greenlands and Agricultural/Rural lands to an abutting property and maintain the environmental and agricultural/rural character of both the severed and retained lands; • The proposal will maintain the existing single detached dwelling on a retained lands while allowing consolidation of lands used for rural/agricultural and environmental protection purposes, and • The existing environmental and agricultural/rural character of the subject property and surrounding area will be protected and enhanced. Table 1 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e)promoting the integration of land use planning,growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns,optimization of transit investments,and standards to minimize land consumption and servicing costs; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h)promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. 1.1.4 Rural Areas in Municipalities 1.1.4.1 Healthy,integrated and viable rural areas should be supported by: a)building upon rural character,and leveraging rural amenities and assets; b)promoting regeneration,including the redevelopment of brownfield sites; c)accommodating an appropriate range and mix of housing in rural settlement areas; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e)using rural infrastructure and public service facilities efficiently; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; g)providing opportunities for sustainable and diversified tourism,including leveraging historical,cultural,and natural assets; h)conserving biodiversity and considering the ecological benefits provided by nature;and Development Services May 4,2022 Report No. DS2022-074 Page 4 of 20 Page 449 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3.1.1.4.2 In rural areas,rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands,a planning authority shall apply the relevant policies of Section 1:Building Strong Healthy Communities, as well as the policies of Section 2:Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.5.2 On rural lands located in municipalities,permitted uses are: a)the management or use of resources; b)resource-based recreational uses(including recreational dwellings); c)residential development,including lot creation,that is locally appropriate; d)agricultural uses,agriculture-related uses,on-farm diversified uses and normal farm practices,in accordance with provincial standards; e)home occupations and home industries; f)cemeteries;and g)other rural land uses. 1.1.5.3 Recreational,tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available,and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 2.0 Wise Use and Management of 2.1.1 Natural features and areas shall be protected for the long term. Resources 2.1.2 The diversity and connectivity of natural features in an area,and the long- 2.1 Natural Heritage term ecological function and biodiversity of natural heritage systems,should be maintained,restored or,where possible,improved,recognizing linkages between and among natural heritage features and areas,surface water features and ground water features. 2.1.3 Natural heritage systems shall be identified in Ecoregions 6E&7E1, recognizing that natural heritage systems will vary in size and form in settlement areas,rural areas,and prime agricultural areas. 2.3 Agriculture 2.3.4 Lot Creation and Lot Adjustments 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: a)agricultural uses,provided that the lots are of a size appropriate for the type of agricultural use(s)common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b)agriculture-related uses,provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c)a residence surplus to a farming operation as a result of farm consolidation, provided that:1.the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services;and 2.the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance.The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province,or based on municipal approaches which achieve the same objective;and d)infrastructure,where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. Development Services May 4,2022 Report No. DS2O22-074 Page 5 of 20 Page 450 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... 2.3.4.2 Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. 2.3.4.3 The creation of new residential lots in prime agricultural areas shall not be permitted,except in accordance with policy 2.3.4.1(c) 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1 .2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 2 are applicable to this application. It is my opinion that the proposed consent conforms to the applicable Growth Plan policies for the following reasons: • The consent will maintain an existing single detached dwelling on a lot that meets the minimum size requirements while also protecting and enhancing the natural heritage features and functions of the subject property and surrounding area; • No lot creation will occur and no development is proposed on the severed or retained lands; • The existing natural heritage features and natural and agricultural character of these lands will be maintained; and • The proposal will consolidate lands that are part of the existing natural heritage and agricultural systems while allowing the existing single detached dwelling to remain on an appropriately sized residential lot. Table 2 - Policy Matrix (A Place to Grow — Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. • Support and enhance the long-term viability and productivity of agriculture by protecting prime agricultural areas and the agri-food network Development Services May 4,2022 Report No. DS2022-074 Page 6 of 20 Page 451 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... 2.2 Policies for Where and 2.Forecasted growth to the horizon of this Plan will be allocated based on the following: How to Grow a)the vast majority of growth will be directed to settlement areas that: 2.2.1 Managing Growth i.have a delineated built boundary; ii.have existing or planned municipal water and wastewater systems;and iii.can support the achievement of complete communities; c)within settlement areas,growth will be focused in: i.delineated built-up areas; ii.strategic growth areas; iii.locations with existing or planned transit,with a priority on higher order transit where it exists or is planned;and iv.areas with existing or planned public service facilities; d)development will be directed to settlement areas,except where the policies of this Plan permit otherwise; e)development will be generally directed away from hazardous lands;and f)the establishment of new settlement areas is prohibited. 3.Upper-and single-tier municipalities will undertake integrated planning to manage forecasted growth to the horizon of this Plan,which will: a)establish a hierarchy of settlement areas,and of areas within settlement areas,in accordance with policy 2.2.1.2; b)be supported by planning for infrastructure and public service facilities by considering the full life cycle costs of these assets and developing options to pay for these costs over the long-term; c)provide direction for an urban form that will optimize infrastructure,particularly along transit and transportation corridors,to support the achievement of complete communities through a more compact built form; d)support the environmental and agricultural protection and conservation objectives of this Plan;and e)be implemented through a municipal comprehensive review and,where applicable, include direction to lower-tier municipalities. 4.2 Protecting What is 3.Within the Natural Heritage System for the Growth Plan: Valuable a)new development or site alteration will demonstrate that: 4.2.2 Natural Heritage System i.there are no negative impacts on key natural heritage features or key hydrologic features or their functions; ii.connectivity along the system and between key natural heritage features and key hydrologic features located within 240 metres of each other will be maintained or, where possible,enhanced for the movement of native plants and animals across the landscape; iii.the removal of other natural features not identified as key natural heritage features and key hydrologic features is avoided,where possible.Such features should be incorporated into the planning and design of the proposed use wherever possible; iv.except for uses described in and governed by the policies in subsection 4.2.8,the disturbed area,including any buildings and structures,will not exceed 25 per cent of the total developable area,and the impervious surface will not exceed 10 per cent of the total developable area; v.with respect to golf courses,the disturbed area will not exceed 40 per cent of the total developable area;and vi.at least 30 per cent of the total developable area will remain or be returned to natural self-sustaining vegetation,except where specified in accordance with the policies in subsection 4.2.8; b)the full range of existing and new agricultural uses,agriculture-related uses,on-farm diversified uses,and normal farm practices are permitted.However,new buildings or Development Services May 4,2022 Report No. DS2022-074 Page 7 of 20 Page 452 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... structures for agricultural uses,agriculture-related uses,or on-farm diversified uses are not subject to policy 4.2.2.3 a),but are subject to the policies in subsections 4.2.3 and 4.2.4. 4.2.6Agricultural System 2.Prime agricultural areas,including specialty crop areas,will be designated in accordance with mapping identified by the Province and these areas will be protected for long-term use for agriculture. 3.Where agricultural uses and non-agricultural uses interface outside of settlement areas,land use compatibility will be achieved by avoiding or where avoidance is not possible,minimizing and mitigating adverse impacts on the Agricultural System.Where mitigation is required,measures should be incorporated as part of the non-agricultural uses,as appropriate,within the area being developed.Where appropriate,this should be based on an agricultural impact assessment. 4.The geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network will be maintained and enhanced. 5.The retention of existing lots of record for agricultural uses is encouraged,and the use of these lots for non-agricultural uses is discouraged 3. Simcoe County Official Plan The subject property is designated "Greenlands" under the Simcoe County Official Plan. On the basis of the review of the specific policies of the Simcoe County Official Plan provided in Table 3, it is my opinion that the consent application conforms to the applicable policies of the Official Plan. The proposed consent will protect and enhance the natural heritage features and agricultural character of the property and surrounding area by consolidating Greenlands on the subject property with the receiving lands and allowing the existing single detached dwelling to remain on an appropriately sized lot. The proposed consent is technical in nature and will not result in creation of a new lot or a lot that does not meet the applicable size requirements. Table 3 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management The planning strategy of this Plan is based on four themes: Strategy Development Services May 4,2022 Report No. DS2022-074 Page 8 of 20 Page 453 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... 3.1 Strategy • Direction of a significant portion of growth and development to settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry,aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.8 Greenlands 3.8.1 To protect and restore the natural character,form,function,and connectivity of the natural heritage system of the County of Simcoe,and to sustain the natural Objectives heritage features and areas and ecological functions of the Greenlands designation and local natural heritage systems for future generations. 3.8.2 To promote biodiversity and ecological integrity within the County's natural heritage features and areas and the Greenlands designation. 3.8.3 To improve the quality,connectivity and amount of woodlands and wetlands cover across the County. 3.8.4 To ensure that species and communities of conservation concern can continue to flourish and evolve throughout the County. 3.8.5 To contribute to the protection,improvement,and restoration of the quality and quantity of surface water and ground water and the function of sensitive surface water features and sensitive ground water features within the County. 3.8.6 To ensure that the Greenlands designation complements and supports the natural heritage systems established in provincial plans and is linked with the natural heritage systems of adjacent jurisdictions,and to require local municipalities to identify and protect natural features and ecological functions that in turn complement and support the Greenlands. 3.8.7 To ensure that the location,scale,and form of development respect and support the protection of the County's natural heritage system. 3.8.8 To provide opportunities for natural heritage enjoyment and appreciation and for recreational and tourism uses in keeping with the Greenlands objectives,that foster healthy and liveable communities and enhance the sense of place and quality of life that characterize the County. 4. Township of Oro-Medonte Official Plan The subject property is designated "Rural" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 4 outlines the applicable policies. It is my opinion that the proposed consent conforms to the Township Official Plan for the following reasons: • The proposed consent will protect and enhance the natural heritage features and functions on the subject property and consolidate these lands and features with those of the receiving lands, • The proposed consent will consolidate agricultural/rural land and natural heritage features while maintaining the existing single detached dwelling on the retained lands, which will protect, maintain and enhance the built form and land use character of these properties and the surrounding area; and • The use of the severed and retained lands will be enhanced for their existing purposes with no new lot will be created. Development Services May 4,2022 Report No. DS2022-074 Page 9 of 20 Page 454 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... In general, this consent is technical in nature and represents transfer of property from the severed lands to the receiving lands with the same Official Plan designations and not requiring minor variances for either the lot dimensions or existing structures on these properties. Table 4 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES It is the goal of this Plan to protect and enhance significant natural heritage features A2.1 Natural Heritage and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values, opportunities,limits and constraints that it provides,guides land use decision- making in the Township. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character A2.5.1 Goal It is the goal of this Plan to protect,maintain and enhance the natural,agricultural and open space character of the rural area. A2.5.2 Strategic Objectives a)To preserve and enhance the Oro Moraine as a unique and important landform feature of the Township. b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. SECTION C2—RURAL C2.1 OBJECTIVES •To preserve and promote the rural character of the Township and the maintenance of the open countryside. •To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. C2.2 PERMITTED USES Development Services May 4,2022 Report No. DS2022-074 Page 10 of 20 Page 455 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... Permitted uses on lands in the Rural designation as shown on the schedules to this Plan are agriculture,single detached dwellings,bed and breakfast establishments subject to Section C1.3.10,home occupations,home industries subject to Section C1.3.3,forestry,commercial dog kennels subject to Section C1.3.5,resource management uses,agricultural research and training establishments subject to Section C1.3.7,farm related tourism establishments subject to Section C1.3.8 and commercial uses on farm properties subject to Section C1.3.9. Institutional uses such as schools,places of worship,community centres are also permitted.Farm implement dealers,feed and fertilizer distribution facilities, greenhouses,seasonal home grown produce stands,wayside pits and quarries, portable asphalt plants,and existing waste disposal sites are also permitted. In addition,small-scale corporate meeting facilities or corporate retreats,and accessory uses such as accommodation facilities may be permitted.In both cases, the number of accessory accommodation units shall generally be limited to 25,as a result of the impact of such a use on the rural character of the area. The designation also permits existing tourist commercial uses such as private parks, trailer or recreational vehicle parks,mobile home parks,rental cabin establishments and private campgrounds and accessory recreational and commercial facilities C2.3 DEVELOPMENT POLICIES In accordance with the intent of this Plan to maintain the rural character of the Township,only a limited number of new lots for residential purposes can be created C2.3.1 The Creation of New Lots for in the Township.In this regard,only one new lot can be severed from a lot in the Residential Purposes Rural designation that has an area of at least 36 hectares or is the whole of an original Township lot provided a lot has not been severed from the parcel after March 26,1973. In considering the creation of a new lot for residential purposes,the Committee of Adjustment shall be satisfied that the proposed lot: a)will have a minimum lot area of 0.4 hectares; b)is of an appropriate size for residential use,with such a residential use generally not requiring a lot size that exceeds 1.0 hectare; c)fronts onto an existing public road that is maintained year round by the Township or County; d)will not cause a traffic hazard as a result of its location on a curve or a hill;and, e)can be serviced with an appropriate water supply and an appropriate means of sewage disposal.Notwithstanding the above,a larger lot size may be considered for environmental or topographical reasons. D2.2.2 Boundary Adjustments A consent may be permitted for the purpose of modifying lot boundaries,provided no new building lot is created.In reviewing an application for such a boundary adjustment,the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan." The Rural section is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a Development Services May 4,2022 Report No. DS2022-074 Page 11 of 20 Page 456 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan." (p. 235). The proposed boundary adjustment will not affect the viability of the current and proposed rural residential uses. As such, the proposed boundary adjustment is generally in keeping with the intent of the rural policies stated in the Official Plan, and otherwise conforms to the boundary adjustment policies contained in Section D.2.2.2 as no new building lot is proposed. Therefore, it is my opinion that the application conforms to the Township of Oro-Medonte Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is my opinion that the requested consent is consistent with PPS 2020, conforms to the Growth Plan and has appropriate regard to the applicable matters of provincial interest. Section 51(24) of the Planning Act sets out criteria for evaluating proposals for subdivision, including consent. I have reviewed these criteria and it is my opinion that the proposed consent satisfies these criteria since no new lot is being created and there will be no adverse impact to the character of the subject property and community, particularly the following criteria: a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (f) the dimensions and shapes of the proposed lots; (h) conservation of natural resources and flood control. 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 Development Services May 4,2022 Report No. DS2022-074 Page 12 of 20 Page 457 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The following Goal of the Plan are relevant to these applications: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. I am of the opinion that these applications are consistent with the Corporate Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering: No objection to the application. • Township Operations: No comments. • Township Building: Confirm by way of survey that the septic system is meeting minimum clearance requirements to the proposed property line outlined in section 8.2.1.6. of the Ontario Building Code. • County of Simcoe: No objection to the proposed boundary adjustment subject to the application being evaluated based on the local planning policy context and any requirements of the NVCA regarding natural heritage policy and their regulated lands being implemented. • Bell Canada: No comments or concerns with this application. • Nottawasaga Valley Conservation Authority: No objections to the application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Development Services May 4,2022 Report No. DS2022-074 Page 13 of 20 Page 458 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... Conclusion: I recommend that Consent 2022-B-11 be approved with the conditions outlined in this report, on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services April 28, 2022 Andria Leigh, Deputy CAO & Director Development Services April 28, 2022 Development Services May 4,2022 Report No. DS2022-074 Page 14 of 20 Page 459 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... Rltll7 10516 a, 2644 Moot ae�Rtl. J ^^ 10500 c G 3 R,reles%oe•ValieY�Rtl. p 2829 I �Jf fi I 41tl•8arrieRtl._ C E 14 1RitlgR Nad' 02730 8 Cahiague Rd. 10414 25 41 1744 2750 F10374:6 10301 1800 1812 1799 tiI 1830 O�h�Sf ,(0 1854 10289 2878 4(s R 1868 10189 1857 10195 1873 2894 Schedule 1 Location To -�� wnship o7 ® Subject Lands Proud Heritage,Exciting Future 0 200 M File dumber:2022-B-11 Development Services May 4,2022 Report No. DS2022-074 Page 15 of 20 Page 460 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... VI_. o0o 4 / H.rsesho eJJ �Jy�Rd If gia•aa«e.na. `+a;ayeNRoaa V -- Cahiague Rd. i '4 Schedule 2 Aerial Photo Q Subject Lands ������� ` Proud Heritage,Exciting Future � 0 100 m File Number:2022-B-11 Development Services May 4,2022 Report No. DS2022-074 Page 16 of 20 Page 461 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos r' f s ;f Receiving Lands(25 Cahiague Road) Receiving Lands(25 Cahiague Road) R_ ..a 4' ExistingDwelling on Receiving Lands Existing Dwelling on Retained Lands g g g g Development Services May 4,2022 Report No. DS2022-074 Page 17 of 20 Page 462 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... w. Retained Lands(41 Cahiague Road) Looking West along Cahiague Road Development Services May 4,2022 Report No. DS2022-074 Page 18 of 20 Page 463 of 589 6.n) 8.20 p.m. DS2022-074, Michael Barton, Township Planning Consultant ... 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MI O E 0 t Q) O a) LL 3 Q) + Q N � i 3D a) 0) CU — N U a) a) O -0 2) _a c (D � � � 'N O L 0 -0 O O a) O ._ L a) ss � � cam ° cu �' � ° ooa `� � O D � L- _6 E � U — � ELt� ° a) � �. � o ° z3 Q > 4-0 a) a� air(n M �C6 -U ° p � �� Q)�O a) = U) u) () U) CB OO U � 0- ceONQ Q O^L O E O E u) O fFi (yS .- D O O U O cn a) to U UW a) cB a) — N a_ O Q Q ° L U W (1) Ochs UC� 0— COU O +r U +r �. +r O O V Page 477 of 589 6.o) 8.30 p.m. DS2022-063, Andy Karaiskakis, Senior Planner re: Consent ... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2022-063 Committee Andy Karaiskakis, Senior Planner Meeting Date: Subject: Motion # May 4, 2022 Consent Application 2022-B-14 by David Beard, Lauren Baker Roll #: & Deanna Davignon R.M.S. File #: 4346-020-010-14102 872 Horseshoe Valley Road D10-60508 East Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-063 be received and adopted. 2. That Consent Application 2022-B-14 by David Beard, Lauren Baker & Deanna Davignon, to permit a boundary adjustment having a lot frontage of approximately 7.6 metres (25.0 feet), a lot depth of approximately 79.2 metres (260.0 feet) and an area of approximately 0.12 hectares (0.29 acres) to be added to the property located at 900 Horseshoe Valley Road East, be approved subject to the conditions as outlined in Report DS2022-063. 3. The conditions for Consent Application 2022-B-14 are as follows: a) That the severed lands with an area of approximately 0.12 hectares (0.29 acres) be merged in title with the abutting property to the east, municipally known as 900 Horseshoe Valley Road East, 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-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 or apply for a cancellation certificate if the parcel of land was previously conveyed with an unstipulated consent. b) That all municipal taxes be paid to the Township of Oro-Medonte. Development Services May 4, 2022 Report No. DS2022-063 Page 1 of 11 Page 478 of 589 6.o) 8.30 p.m. DS2022-063, Andy Karaiskakis, Senior Planner re: Consent ... c) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. d) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. e) 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. f) 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 lands proposed to be severed, retained and merged are located on the north side of Horseshoe Valley Road East, east of Line 10 North. 872 Horseshoe Valley Road East contains a single detached dwelling, several agricultural buildings and is being used for agricultural cultivation. 900 Horseshoe Valley Road East contains a single detached dwelling and also supports an agricultural operation. Surrounding land uses predominantly consist of agricultural uses to the north and east and rural residential uses along Horseshoe Valley Road East (Refer to Schedules 1 and 2). The applicants are requesting consent to sever lands from 872 Horseshoe Valley Road East and merge them with an abutting parcel located at 900 Horseshoe Valley Road East (also owned by the applicant). Details of the application are as follows: Lands to be Severed Lands to be retained Total Merged lands from (872 Horseshoe Valley (900 Horseshoe 872 Horseshoe Valley Rd. E.) Valley Rd. E.) Rd. E. and Added to 900 Horseshoe Valley Rd. E. Frontage: Approximately 7.6 m Approximately 156.6 m Approximately 106.6 25.0 ft. 513.7 ft. m 349.8 ft. Depth: Approximately 79.2 m Approximately 528.0 m Approximately 528.0 260.0 ft. 1,732.5 ft. m 1,732.5 ft. Area: Approximately 0.12 ha Approximately 21 .5 ha Approximately 20.8 0.29 ac. 53.3 ac. ha 51.5 ac. Use: Vacant Continued agricultural Continued agricultural and residential and residential Development Services May 4, 2022 Report No. DS2022-063 Page 2 of 11 Page 479 of 589 6.o) 8.30 p.m. DS2022-063, Andy Karaiskakis, Senior Planner re: Consent ... No new lots are proposed as a result of the boundary adjustment/lot addition. The applicant's severance sketch is included as Schedule 3 to this report. Policies, Legislation and Analysis: Provincial Policies The Provincial Policy Statement (2020) (PPS) 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. The policies of A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) have been reviewed and do not affect the application, since the proposed boundary adjustment does not represent "development" as defined by the Growth Plan. Based on the above, the proposed boundary adjustment, which does not result in a new lot creation, conforms to applicable Provincial policies. County of Simcoe Official Plan The subject lands are designated `Agricultural' in accordance with the County of Simcoe Official Plan. Section 3.3.5 of the County's Official Plan contains policies relating to boundary adjustments and states that "consents for the purposes of legal and technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots." The purpose of the application is to add lands from one farm parcel to another. The applicant has indicated the reason for this lot adjustment is to provide additional backyard amenity space for the dwelling which had to be positioned further back than originally intended to avoid a spring which was found during the construction of the dwelling. The reconfigured lot lines would not create a new lot. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. However, Township Planning Staff is of the opinion that the application conforms to the County of Simcoe Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated `Agricultural' in accordance with "Schedule A — Land Use" of the Township's Official Plan. The policies of the `Agricultural' designation do not specifically address boundary adjustments, but policy guidance with respect to boundary adjustments is found in Development Services May 4, 2022 Report No. DS2022-063 Page 3 of 11 Page 480 of 589 6.o) 8.30 p.m. DS2022-063, Andy Karaiskakis, Senior Planner re: Consent ... Section D2.2.2 of the Oro-Medonte Official Plan. Section D2.2.2 states that "[a] consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created [and] the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan". Based on Planning Staff's site inspection, the applicant has placed stakes on the lands that are the subject of the boundary adjustment. It appears that these lands are not on any lands that are being cultivated. The applicant has advised in the application that the reason for the application is "when we started to dig for the basement foundation (dwelling at 900 Horseshoe Valley Road East) we discovered a spring, so we moved the build back as far as we could, legally, missing the spring. We were then only 30 feet behind the house which doesn't leave room for any out building or garden in the backyard". Based on the information provided by the applicant and Planning Staff's observations on-site, it does not appear that this application would remove a significant amount of productive land from cultivation. This, combined with the relatively small area (approximately 0.12 hectares (0.29 acres)) of the parcel proposed to be severed in comparison to the approximately 21 .5 hectares (53.3 acres) farm to be retained, Planning is of the opinion that any impact of this application on the viability of the farm or the Township's overall agricultural land base is negligible. At the same time, the proposed increase in the size of the benefitting property at 900 Horseshoe Valley Road East from approximately 20.7 hectares (51 .1 acres) to approximately 20.8 hectares (51.4 acres), still represents an appropriate size for an agricultural lot. On the basis of the preceding, and it is Planning Staff's opinion that the application conforms to the Township's Official Plan. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended, while the lands to be enhanced are zoned A/RU with a small segment zoned Environmental Protection (EP) representing a watercourse on the lands. Table 134-A of the Township's Zoning By-law requires a minimum of lot size of 2.0 hectares (4.9 acres) for agricultural uses and Table 134-13 requires a minimum frontage of 45.0 metres for a lot in the Agricultural/Rural (A/RU) Zone. The lot configuration that would result from the boundary adjustment would comply with the lot frontage and lot area provisions of the Zoning By-law. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied Development Services May 4, 2022 Report No. DS2022-063 Page 4 of 11 Page 481 of 589 6.o) 8.30 p.m. DS2022-063, Andy Karaiskakis, Senior Planner re: Consent ... that the Consent Application meets the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments. • Township Development Engineering — No objection. • Township Building Division — No comment. • Bell Canada — No comments or concerns. Development Services May 4, 2022 Report No. DS2022-063 Page 5 of 11 Page 482 of 589 6.o) 8.30 p.m. DS2022-063, Andy Karaiskakis, Senior Planner re: Consent ... Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: Township Official Plan — Land Use Schedule 5: Exiting Zoning Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2022-B-14 be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager Planning Services April 26, 2022 Andria Leigh, Deputy CAO/Director, Development Services April 26, 2022 Development Services May 4, 2022 Report No. DS2022-063 Page 6 of 11 Page 483 of 589 6.o) 8.30 p.m. DS2022-063, Andy Karaiskakis, Senior Planner re: Consent ... { l r� 900 3408 34 954 pact -TT .,-r Aar 1160,11Y tl � . 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O O ! >p 3 N 0 (� O M L C Q N U fl N U -0 c N N Q U) N O iII O " 0) - WF=-ZZ � O O � � O • ONE N � a� � a-CCU � CLr— � o .x M cU "� w a M °� t [L U m a Q U i 0 Q • O 0 � N = r QO> M 0 .— E , (13 "= +• U O m � 4—, w C > M : O O 7 O z3 O O CV ° °E: flU1 Q (1) MM }+ N L O v -0LOO Ncu 2 OCUa) EYO a) U .- j C O >CA ^ Qc M N �% N am — N N O H.O O O C) p O r a) �O LO M U • o O — c CL N O to N m W 0) Z U c: 'O -0 Rf Q ._ — > Q C N L0 � O Z .c U) u c°I! .� � O Q X O i � OL ay O rn c� N cu Q � N 0 t0 O O (U Y tB 0 L N (6 ° EOM O 0) s N M N N L- MCL () N 0 C O }' E " N U — O O N Q oa) ErnLD0 - o -00v -0D0MZ 0 � � '� � a c ua � O cu �� � o — � O O N O ZCa O I4 1 U O +- fZ F• cB © U +• Q— E ~ E O V N� I.L Page 498 of 589 6.o) 8.30 p.m. DS2022-063, Andy Karaiskakis, Senior Planner re: Consent ... l C- 1Tx S' 3 �1 O — M /�� r1 _ Q (D N C o _ o o t C6 Eo LO m co (n " o CLCL L � � MQ N 0 5 Q O O M 0 r _ }' o O o in `_ 0 0 C m — 0 N oo � � �, rn (1) Eb na _ 55 O '++ � N o ) -0 — � � coa► � a N � cu o � o _ •M N M O v0--. E 0 C TS D) o LL v V ,L � � -0 Q. � gip - 0) al � 'a L � o C Z Q (AI C .V aD A O C0) a) , OZ Lc Q � cn ao � o � -0 aO v �--+ � � c � cu � � � � � � O J U U L. 0 0 O — o i O w w N - 0 Q O ._ O 4- M � U � V (n > 0,) ++ O L 0 (4 0 c O to O C O o � 4- a � -W 0 ED 0 -0 •c a U � � a�i � 'c � � � 0NQ � a1iMr- C� >1 0 � � � ro E o = — a O O V Page 499 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re:... Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-061 Development Services Committee Catherine McCarroll Intermediate Planner Meeting Date: Subject: Motion # May 4, 2022 Consent Application 2022-B-15 by Susan Jesson & John Besse Roll #: 153 Rail Trail Drive R.M.S. File #: 4346-010-009-78400 D10- Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2022-061 be received and adopted; 2. That Consent Application 2022-B-15 by Susan Jesson & John Besse, to create a residential lot on the lands municipally known as 153 Rail Trail Drive, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2022-061. 3. The conditions are as follows: a) That the applicants sign the Township's Memorandum of Understanding by which the applicants acknowledge the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland and engineered lot grading, on either the vacant severed or retained parcels; 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 5 metre by 5 metre daylighting triangle at the corner of Rail Trail Drive and Tudhope Boulevard dimensioned to the satisfaction of the Director, Operations and Community Services, 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 above noted daylighting triangle with the Township road 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 the applicant submit to the Township a Natural Heritage Evaluation for review by and to the satisfaction of the Lake Simcoe Region Conservation Authority. All costs Development Services May 4, 2022 Report No. DS2022-061 Page 1 of 15 Page 500 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re:... associated with the LSRCA's review on behalf of the Township shall be fully borne by the applicant. NOTE: The NHE may require mitigation measures that will require implementation through Site Plan Control or other instruments, which would be the responsibility of the applicant at time of consent or prior to site alteration or building permit, as determined applicable. d) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for reach residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; e) That all municipal taxes be paid to the Township of Oro-Medonte; f) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; g) 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; h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted statutory two-year period (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background: Property Information The property is located at 153 Rail Trail Drive, on the north-east corner of Rail Trail Drive and Tudhope Boulevard. The lot is approximately 0.7 hectares (1 .7 acres) in size and currently contains a single detached dwelling, detached garage, shed and swimming pool. Surrounding land uses consist of low-density residential uses, predominantly in the form of single detached dwellings. West of the subject lands (west of Rail Trail Drive) there is a Significant Woodland as identified on Schedule B to the Township of Oro-Medonte Official Plan. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. The purpose of Consent Application 2022-B-15 is the creation of a new residential lot. The Applicants' consent sketch is included as Schedule 3 to this report. The details of the proposed consent (severance), are provided in the table below. Development Services May 4, 2022 Report No. DS2022-061 Page 2 of 15 Page 501 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re:... Lands to be Severed: Lands to be Retained: Frontage: Approximately 45.7 m (150.0 ft.) Approx. 56.4 m (185.0 ft.) Depth: Approximately 56.4 m (185.0 ft.) Approximately 76.2 m (250.0 ft.) Area: Approximately 0.26 ha 0.64 ac. Approximately 0.43 ha 1.06 ac. Use: Future residential use Residential use 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 2.1 — Natural Heritage are applicable to this application. This application represents limited residential development that is consistent with Section 1 .1.4 the PPS with respect to Rural Areas, as the lands are designated by the Township's Official Plan to generally permit this form of development. With respect to Natural Heritage, the Significant Woodland west of the subject lands represents a Natural Heritage Feature within the meaning of the PPS and Section 2.1.8 of the PPS states that, "Development and site alteration shall not be permitted on adjacent lands to the natural heritage features... unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions." Part 3 of the PPS states, "The Provincial Policy Statement provides overall policy directions on matters of provincial interest related to land use planning and development in Ontario, and applies province-wide, except where this policy statement or another provincial plan provides otherwise. Provincial plans... take precedence over the policies of the Provincial Policy Statement to the extent of any conflict, except where the relevant legislation provides otherwise". Based on the above, on Planning Staff's analysis of Provincial Plans (Growth Plan 2020 and Lake Simcoe Protection Plan), it is Planning Staff's opinion that this application can be considered to be consistent with the PPS provided that a Natural Heritage Evaluation is required as a condition of Consent. 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 residential lot is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are within an Development Services May 4, 2022 Report No. DS2022-061 Page 3 of 15 Page 502 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re:... established residential area, outside of a rural settlement area, where limited residential development is permitted. According to Schedule B of the Township's Official Plan, the subject lands are located within 120 metres (393.7 feet) of a key natural heritage feature, as illustrated on Schedule 4 to this report. The property located on the west side of Rail Trial Drive is located within the Environmental Protection Two overlay designation due to the presence of a significant woodland. As a result, Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is 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 heritage feature or key hydrological feature" (p. 43-44 of A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019). Section 4.2.4.4 states that, "Notwithstanding policies 4.2.4.1 ... a natural heritage or hydrologic evaluation will not be required for a proposal for development or site alteration on a site where the only key natural heritage feature is the habitat of endangered species and threatened species". Planning Staff notes that no development or site alteration is being proposed within the adjacent Significant Woodland and the subject lands (the site where the development/site alteration is proposed) are not identified in any planning documents as habitat of endangered species and threatened species. But notwithstanding the above-noted exemption from a Natural Heritage Evaluation afforded by Section 4.2.4.4, Section 1.2.3 of the Growth Plan also states, "As provided for in the Places to Grow Act, 2005, this Plan prevails where there is a conflict between this Plan and the PPS. The only exception is where the conflict is between policies relating to the natural environment or human health. In that case, the direction that provides more protection to the natural environment or human health prevails". Therefore, the more restrictive of the PPS would prevail, thereby requiring a Natural Heritage Evaluation. The proposed development is required to conform to Section 4.2.4.5 of the Growth Plan, which Planning Staff have analyzed below: "Outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned for concentrations of development as of July1, 2017, infill development, redevelopment and resort development is permitted, subject to municipal and agency planning and regulatory requirements, if the development will: Development Services May 4, 2022 Report No. DS2022-061 Page 4 of 15 Page 503 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re:... a) be integrated with existing or proposed parks and trails, and will not constrain ongoing or planned stewardship and remediation efforts," Staff comment: The development represents infill development that would be integrated by way of an existing pedestrian connection from Rail Trail Drive to the Oro-Medonte Rail Trail located to the north. A Natural Heritage Evaluation would assist in determining if any stewardship or remediation efforts would be constrained by the proposed development. b) restore, to the maximum extent possible, the ecological features and functions in developed shoreline areas, and Staff comment: Opportunities, if any, for restoring ecological features and functions may be identified through a Natural Heritage Evaluation. c) in the case of redevelopment and resort development... Staff comment: The proposed development represents infill development. As it is not redevelopment or resort development, this section does not apply. Based on the above, the more restrictive natural heritage policies of the PPS prevail and a Natural Heritage Evaluation is required. The application would conform to the Growth Plan provided that a Natural Heritage Evaluation is required as a condition of Consent. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside 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 located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have reviewed the consent application in context to the LSPP and the following policies are applicable: "6.25-DP An application for development or site alteration within 120 metres of a key natural heritage feature or key hydrologic feature shall be accompanied by a natural heritage evaluation meeting the requirements of policy 6.26, unless the development or site alteration is for a purpose specified by policy 6.23." Staff have reviewed policy 6.23 and this application does not qualify for exemption from a Natural Heritage Evaluation. The guidelines for a Natural Heritage Evaluation are listed in Section 6.26-DP: "A natural heritage evaluation referred to in policies 6.3 and 6.25 shall be carried out in accordance with guidelines developed by the MNR and shall: a. demonstrate that the development or site alteration applied for will have no adverse effects on the key natural heritage feature, key hydrologic feature, Lake Simcoe and its associated vegetation protection zone, or on the related ecological functions; b. identify planning, design and construction practices that will maintain and, where feasible, improve or restore the health, diversity and size of the key natural Development Services May 4, 2022 Report No. DS2022-061 Page 5 of 15 Page 504 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re:... heritage feature or key hydrologic feature and its connectivity with other key natural heritage features or key hydrologic features as well as connectivity and linkages to natural heritage systems identified in Provincial Plans or by municipalities, the LSRCA or MNR; c. demonstrate how connectivity within and between key natural heritage features and key hydrologic features will be maintained and, where possible, improved or restored before, during and after construction to allow for the effective dispersal and movement of plants and animals; d. determine if the minimum vegetation protection zone is sufficient to protect the ecological functions of the feature and the area being evaluated, in particular where this feature or area is adjacent to a coldwater stream, headwaters, freshwater estuaries, steep slope or is acting as or has been identified as a wildlife corridor to ensure that the area will continue to effectively act and function as a wildlife corridor; e. determine if the minimum vegetation protection zone is sufficient to protect areas adjacent to existing features that would be appropriate for restoration or re- naturalization to enhance the ecological functioning of that feature, such as lands that provide for rounding out or filling of gaps in significant woodlands; and f. if the minimum vegetation protection zone is not sufficient to protect the function of the feature or protect opportunities for feature enhancement, specify the dimensions of the required vegetation protection zone." Planning Staff have considered the location and context of the proposed lot and note that the lands are: • Entirely surrounded on three sides by existing shoreline residential development; • Separated from the adjacent Significant Woodland by a public road (Rail Trail Drive); and, • Not adjacent or in proximity to any other identified Natural Heritage Features. The above-noted factors would, in Planning Staff's opinion, negate some but not necessarily all, of the considerations identified in the PPS, the Growth Plan and the LSPP for review in a Natural Heritage Evaluation (NHE). Nevertheless, the proposed development does not meet the criteria for exemption from the NHE requirement. Under the circumstances, Planning Staff are able to recommend approval of the application (rather than deferral), subject to a Consent condition that the applicants satisfy the NHE requirement. County of Simcoe Official Plan The subject lands are designated Rural in the County of Simcoe's Official Plan. Section 3.7.4 lists limited residential development as a permitted use within the Rural designation. Section 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. 39 of Simcoe County's Official Plan). Development Services May 4, 2022 Report No. DS2022-061 Page 6 of 15 Page 505 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re:... In Planning Staff's opinion, the proposed consent appears to generally conform to these policies as the proposed lot is limited in size and located within an existing shoreline residential area. Under the General Development Policies, Section 3.3.13 states that all development within the area of the Lake Simcoe Protection Plan is required to satisfy the provisions of Section 3.13 of this Plan. Section 3.13 reiterates the policies listed in the Lake Simcoe Protection Plan which are discussed in the previous section of this report. Section 3.3.15, Natural Heritage, states that: "development and site alteration shall not be permitted: On adjacent lands to the natural heritage features and areas listed above, unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Adjacent lands shall generally be considered to be: a. within 120 metres of habitat of endangered species and threatened species, significant wetlands, significant coastal wetlands, wetlands 2.0 hectares or larger determined to be locally significant by an approved EIS, significant woodlands, significant wildlife habitat, significant areas of natural and scientific interest — life science, significant valleylands, and fish habitat; b. within 50 metres of significant areas of natural and scientific interest — earth science; c. A reduced adjacent lands from the above may be considered based on the nature of intervening land uses. The extent of the reduced area will be determined by the approval authority in consultation with the applicant prior to the submission of a development application, and supported by an EIS, demonstrating there will be no negative impacts beyond the proposed reduced adjacent lands area" (p. 20 of Simcoe County's Official Plan). As indicated in the previous sections, Planning Staff is of the opinion that a Natural Heritage Evaluation (NHE) is required as a condition of Consent to demonstrate that there will be no adverse impacts on the significant woodland. On this basis, Planning Staff is of the opinion that Consent application 2022-B-15 generally conforms to the County of Simcoe's Official Plan, subject to a condition of Consent that the applicants obtain a Natural Heritage Evaluation which is reviewed to the satisfaction of the Lake Simcoe Region Conservation Authority. As of the preparation of this report, Development Services Staff has not received comments from the County. Committee members should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject property is designated Shoreline in the Township's Official Plan. The Shoreline designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. Section C5 of the Township's Official Plan outlines the permitted uses within the `Shoreline' designation, which includes single detached dwellings. Development Services May 4, 2022 Report No. DS2022-061 Page 7 of 15 Page 506 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re:... The proposed consent was assessed against the development of land policies in the Shoreline Designation. Specifically, Section C5.3 of the Official Plan "Residential Development Policies" contains policies related to "New residential Plans of Subdivision" (Section C5.3.3), and related to the "Limits of Shoreline development" (Section C5.3.4), however, the scope of the policies contained in these sections is limited to either the creation of multiple lots by Plan of Subdivision, or to the expansion of the Shoreline designation in Schedule A to the Official Plan. On this basis, Planning staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed application for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1, "New Lot by Consent — General Criteria": a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed and retained parcels would front onto Township roads, specifically Rail Trail Drive and Tudhope Boulevard, which are both maintained year- round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The subject lands do not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Conforms: Upon site visit, Planning Staff noted that the severed parcel would require a new municipal entrance off Tudhope Boulevard and the retained parcel has an existing entrance located on Rail Trail Drive. No traffic concerns have been identified by the Operations Department; however, they indicated that a 5.0 metre x 5.0 metre daylight triangle will be required at the corner of Rail Trail Drive and Tudhope Boulevard. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Conforms- The property is located within the Shoreline Residential (SR) Zone. The current and proposed residential uses are permitted and compatible with the adjacent residential uses. The Shoreline Residential Zone requires a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30 metres (98.4 feet). Both the severed and retained parcels would have frontages and lot areas that meet the requirements of the Zoning By-law. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: Any future dwelling on the severed lands would be serviced by private individual on-site services (well and septic system). The applicant will be required to Development Services May 4, 2022 Report No. DS2022-061 Page 8 of 15 Page 507 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re:... ensure that the proposed lot can accommodate a well and an appropriate private on-site sewage disposal system. f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The severed and retained lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. The proposed dwelling on the severed lands would be subject to a detailed Engineered Lot Grading Plan as part of the Building Permit submission in accordance with the Township's policies. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- The retained lands are designated Shoreline and are thus not designated for development beyond the level of their current use, which is for single detached residential purposes. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conformity to be confirmed through condition of Consent: The subject lands do not exhibit the characteristics of lands that might possess significant natural heritage features. However, as the lands are located within 120 metres of a Significant Woodland, a Natural Heritage Evaluation is required. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- The applicant will be required at the time of building permit submission to meet all requirements for septic system installation and private water supply. No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the application conforms. Based on the above, Planning Staff are of the opinion that the application, if approved with the recommended conditions of Consent, would conform to the Official Plan. In addition to the policies of the Official Plan, Township Council in 2019 adopted a "Protection and Enhancement of Tree Canopy Policy" pursuant to Section 270(1) of the Municipal Act. Development Services May 4, 2022 Report No. DS2022-061 Page 9 of 15 Page 508 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re:... The requirement for a Natural Heritage Evaluation (NHE) through Staff's recommended condition of Consent would ensure that the application conforms to the Protection and Enhancement of Tree Canopy Policy by way of the conclusions and mitigation measures, if any, contained in the NHE. Zoning By-law 97-95 The subject lands are zoned Shoreline Residential (SR) in the Township's Zoning By-law 97- 95, as amended. As per Table Al, single detached dwellings are permitted in the Shoreline Residential (SR) zone. As indicated in Table B1 of the Township's Zoning By-law, the minimum lot frontage in the SR Zone is 30 metres (98.4 feet) and the minimum lot area is 0.2 hectares (0.49 acres). Both the severed and retained parcels would have frontages and lot areas that meet the requirements of the Zoning By-law and are also well-suited for their proposed residential use. 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 • Lake Simcoe Protection Plan Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: Development Services May 4, 2022 Report No. DS2022-061 Page 10 of 15 Page 509 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re:... • Township Development Engineering — No objection. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application for the severed lot. • Township Infrastructure and Capital Projects - Operations will require a 5.Om x 5.Om daylight triangle at the corner of Rail Trail Drive and Tudhope Blvd. • Township Building Division — No comments at this time. Owner/applicant to ensure property can accommodate single family dwelling, on-site sewage system and well and meet all required clearances in the Ontario Building Code. • Bell Canada — No comments or concerns. • Enbridge — Do not object to the proposed application. It is the responsibility of the applicant to verify the existing gas servicing does not encroach on more than one property when subdividing or severing an existing land parcel. For more details contact SalesArea50@Enbridge.com. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Schedule 4: Township Official Plan — Natural Features Conclusion: Based on Planning Staff's analysis of this application, it is Staff's recommendation that Consent Application 2022-B-15 be approved, specifically to permit the creation of a new residential lot on the lands municipally known as 153 Rail Trail Drive, on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the Planning Act and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services April 28, 2022 Andria Leigh, Deputy CAO/Director Development Services April 28, 2022 Development Services May 4, 2022 Report No. DS2022-061 Page 11 of 15 Page 510 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re-... Schedule 1: Location Map o +5 4 � 375 . a 2 '��s e 123 185 177 160 161 42 `� 66 7V Q0 102 114 -- - - 130 142 837 Tudhope Slvd. 131 28 39 51 73 95 99 113 12Q 145 10 22 40 54 68 B4 96 114 130 144 F116 S�ringhome Rd. 14 10 S 8 z 7 33 47 59 75 89 Memorial Gres, 40 0 12 t 9 t,, 6 4 1E Indian Rd. 29 11 9 7 5 22 592 914 62 Schedule Location -= ��c �P � AWqWw Subject Lands !'road HrriPn��e,�'xci�in�nature ;}}} D 2011 m File N..,nb=r:2,,,22-B-'5 , 1 Development Services May 4, 2022 Report No. DS2022-061 Page 12 of 15 Page 511 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re:... Schedule 2: Aerial Photo �f I i� lr Tudhope Blvd. Schedule 2 Aerial Photo Subject Lands O/ Ae-clol [' Proved Uffha e.Eoxossiog Fowc 0 50 m File Number:2022-B-15 Development Services May 4, 2022 Report No. DS2022-061 Page 13 of 15 Page 512 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re-... Schedule 3: Applicants' Consent Sketch I IBC. i Irk L 44. Fee- C. I_ J_v . tl Schedule 3 Applicant's Consent Sketch File Number 2022-B-15 Development Services May 4, 2022 Report No. DS2022-061 Page 14 of 15 Page 513 of 589 6.p) 8.40 p.m. DS2022-061 , Catherine McCarroll, Intermediate Planner re-... 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N aD N 0 O N 0) w O U Page 523 of 589 6.p) 8 40_.m. DS2022 061 Catherine McCarroll, Intermediate Planner re-... C 0) x cn 06 a r cu N - -0 m }, cw 00 N O N - � r O � _ 0) C6 � U ca 0) 70 aD �+ _ 70 V) - 0) O .r: - w Page 524 of 589 6.p) 8 40 p.m. DS2022 061 Catherine McCarroll, Intermediate Planner re-... 7 w 70 �/'► Ate, 2 ��T � 3'� ^, 1 'h, 0 IGO �� 4� (6 -A N N ' Q 70 cu .-. 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'c -' —cu cu � +O+CL cc to cu CL E H � O Q C.) < 0 O U) O C NA � Ii Page 527 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2022-067 Committee Andria Leigh, Deputy CAO/ Director, Development Services Meeting Date: Subject: Motion # May 4, 2022 Consent Application 2022-B-16 by Sunbird Developments Roll #s: Limited R.M.S. File #: 4346-010-008-09800 Concession 5 West Part Lot 26 D10-60502 (Oro) Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-067 be received and adopted. 2. That Consent Application 2022-13-16 by Sunbird Developments Limited, to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), approximately 320 metres (1049 feet) of lot depth, and an area of approximately of 3.4 hectares (8.4 acres) to be added to the property located at Line 5 South (Roll Number 4346-010-008-09500), be approved subject to the conditions as outlined in Report DS2022-067. 3. The conditions are as follows: a) That the severed lands be consolidated with the receiving lands at Concession 5 Part Lots 26 to 28 (Assessment Roll Number 4346-010-008- 09500) and that the provisions of Section 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 Concession 5 Part Lots 26 to 28 (Assessment Roll Number 4346-010-008-09500), the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary- Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That all municipal taxes be paid to the Township of Oro-Medonte. Development Services May 4,2022 Report No. DS2022-067 Page 1 of 15 Page 528 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... c) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. d) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. e) 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. f) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands proposed to be severed, retained and merged are located on the east side of Line 4 South. The lands to be severed through Application 2022-13-16, are currently vacant and are proposed to be merged with the abutting property to the south and east, Concession 5 Part Lots 26 to 28 (Assessment Roll Number 4346-010-008-09500), which are also currently vacant. The retained lands are vacant and proposed to be utilized for residential purposes. The applicants have requested this boundary adjustment given the watercourse and environmental protection lands contained within the parcel that separate the proposed lands to be severed from the retained lands. Merging of these lands with the parcel to the east and south will negate the potential access through the EP lands. Surrounding land uses include the Township Rail Trail to the north, rural, woodlands, and residential uses to the east, west, and south of the subject lands (Refer to Schedules 1 and 2). Purpose of Application 2022-B-16: The applicants are requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed Lands to be retained Total Merged lands from (Balance of Property (4346-010-008-09500) Property A (4346-010- A) (Severed Lands and 008-09800) and Added Property B) to Property B (4346- 010-008-09500 Frontage: N/A Approximately 96.8 m Approximately 530.6 m 317.5 ft. 1740.8 ft. on Line 5 South Depth: Irregular Irregular Irregular Development Services May 4,2022 Report No. DS2022-067 Page 2 of 15 Page 529 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... Area: Approximately 3.4 ha Approximately 4.8 ha Approximately 103.4 ha (8.4 ac.) (11.8 ac.) (255.5 ac.) Use: Vacant Residential Vacant No new lots are proposed as a result of the boundary adjustment/lot addition. The applicant's "Figure 2 —Proposed Boundary Adjustment" Sketch is included as Schedule 5 to this report. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 1 .1.5 - Rural Lands and Section 2.1 — Natural Heritage are applicable to this application. The type and density of development on these lands has already been established and will not be changing as a result of the boundary adjustment. No new buildings or structures are proposed as part of this application; therefore, no adverse impacts are anticipated on the natural heritage features as a result of the boundary adjustment. Based on the above, Planning Staff is of the opinion that this boundary adjustment application is consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed boundary adjustment is consistent with the Rural Areas policies in the Growth Plan as the boundary adjustment does not represent "development" as defined by the Growth Plan. Section 4.2.2 Natural Heritage System has also been reviewed by Planning Staff with respect to the proposed boundary adjustment application. The Natural Heritage System policies regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). Since the proposed boundary adjustment does not represent `development' as defined by the Growth Plan, these policies do not affect this application. Based on the above, Planning Staff are satisfied that the proposed boundary adjustment is considered to conform to the policies of the Growth Plan. Development Services May 4,2022 Report No. DS2022-067 Page 3 of 15 Page 530 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... Lake Simcoe Protection Plan (LSPP) Portions of the subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA) due to the presence of a watercourse (Orolea Creek) which runs through the property, and a woodland. The LSRCA was circulated the subject application and provided comments dated April 25, 2022 (refer to Schedule 6). In their letter, the LSRCA indicated that a lot boundary adjustment, as described in this proposal, would not constitute development or site alteration and therefore an LSRCA Permit would not be required in support of this consent application. However, any future development may require further study to address the impact of development on the natural heritage features and a permit may be required prior to any development taking place. Based on their review of the application, they determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, County and local plans. On this basis, LSRCA has recommended approval of this application. County of Simcoe Official Plan The subject lands are designated `Greenlands' with a small portion of `Rural' on the retained portion of the lands, in accordance with the County of Simcoe Official Plan. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.18). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 129). Planning Staff are satisfied that this boundary adjustment is minor in nature as it will not impact the character of the surrounding uses and the retained lands will be large enough to accommodate the future proposed residential use. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated `Rural' and `Environmental Protection Two' in "Schedule A — Land Use" of the Township's Official Plan. The Environmental Protection Two overlay designation applies to components of the natural heritage system that are not included within the Environmental Protection One designation and not within the Oro Moraine Planning Area. A large portion of the lands are designated Environmental Protection Two due to the presence of significant woodlands as illustrated on Schedule 4. The property also contains a watercourse. The objectives of the Environmental Protection Two designation are: • To protect environmentally sensitive areas from incompatible activities and uses that would have a negative impact on significant natural features and functions; Development Services May 4,2022 Report No. DS2022-067 Page 4 of 15 Page 531 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... • To maintain and enhance the ecological integrity of the natural heritage system; and, • To protect from incompatible development significant woodland features and wildlife habitat areas and the ecological functions they provide. The Environmental Protection Two designation restricts development on and adjacent to natural heritage features; however, as indicated in preceding sections of this report, the proposed boundary adjustment does not represent development. The portion of the property to be severed and merged is designated `Rural'. The objectives of the Rural designation area are: • To preserve and promote the rural character of the Township and the maintenance of the open countryside. • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. The Rural section is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan." (p. 235). Planning Staff are satisfied that the proposed boundary adjustment is generally in keeping with the intent of the Rural policies stated in the Official Plan, and otherwise conforms to the boundary adjustment policies contained in Section D.2.2.2 as no new building lot is proposed and the proposed boundary adjustment will not affect the viability of the current or future use. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended, and the benefitting lands are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) (refer to Schedule 4). Table 134-A of the Township's Zoning By-law requires a minimum of lot size of 0.4 hectares (0.98 acres) for a single detached dwelling and Table 134-13 requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. The retained lands comply with these minimum lot frontage and lot area requirements. The proposed merged lands would also comply with the minimum lot frontage requirement of 45 metres (147.6 feet) and the minimum lot area of 4.0 hectares (9.8 acres) for agricultural uses in the Agricultural/Rural (A/RU) Zone. Development Services May 4,2022 Report No. DS2022-067 Page 5 of 15 Page 532 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Applications meet the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. 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 (LSPP) • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Staff is of the opinion that the proposed development is consistent with the Strategic Plan, as it will not negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — • Township Building Division —No Comments • Township Development Engineering — No objection. Development Services May 4,2022 Report No. DS2022-067 Page 6 of 15 Page 533 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... • Bell Canada — No comments or concerns. • Lake Simcoe Region Conservation Authority (LSRCA) — See the letter dated April 25, 2022 attached as Schedule 6 to this report. Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Existing Zoning Schedule 4: Township Official Plan — Natural Features Schedule 5: Applicant's Proposed Boundary Adjustment Schedule 6: Letter from the Lake Simcoe Region Conservation Authority (LSRCA) dated April 25, 2022. Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2022-B-16 for the purposes of a boundary adjustment be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Andria Leigh, MCIP, RPP Deputy Chief Administrative Officer/Director Development Services Development Services May 4,2022 Report No. DS2022-067 Page 7 of 15 Page 534 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... A� .rT F329 e 929 930 92 R 1024 EL241 9101 983 993 565 !-777-7-7-- 284 1281 1400 1327 I�I Jr J $ g 4 10 12 N� 16 14 1459 62 22 70 18 11 9 A 50 4a 46 42 126 I2 1206 24 r 13 25 15 S2 1 17 1k 19 21 71 � 33 351 27 29 Ga Schedule 1 Location 10G� I.J[�f� Subject Lards f vud Herita,e,Exciting F'cflure L;fff 0 400 M File NumGer.2022-B•16 �• 1 Development Services May 4,2022 Report No. DS2022-067 Page 8 of 15 Page 535 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... i -20 i J ' s s - t Y S J ' Schedule 2 . Aerial Photo ��i1f!'PtS�fi 0� Subject Lands pr add HerrtgZe,Exciting F'rrfrrre 0 200 File Number_2022.6.16 F f I f Development Services May 4,2022 Report No. DS2022-067 Page 9 of 15 Page 536 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... IIr,S ij. EP 'f A a AIRU AIRU AIRU J RK198 V- AJRU AIRU E AIRU AIRU �I �I J AIRU Schedule 3 Existing Zoning _ {are rr�lrsja d1f �.� R1 (Residential One) r �� AIRU(Agnrulltural/kuml) Subject Lands rJrrrro-rd Hf rage,Lxtlrrnkq Trrn mr L EP(Environmental Protection) PR(Private Recreatlanal) a 200 M File Number:2022-B-16 M 1 r r r 1 Development Services May 4,2022 Report No. DS2022-067 Page 10 of 15 Page 537 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... J .����•Yd��-RCS r . Schedule 4 Township Official Plan - Natural Features MSubject Lands _ Environmental Protection 7 {Off.''f73�fL�t]0� Yw+ Significant Woodlands C PrUfed Hrnlx�r Exrr[rn�Fiftrrr 0 WJ0 15 Fie Number,2422-8-16 I Development Services May 4,2022 Report No. DS2022-067 Page 11 of 15 Page 538 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 5: Proposed Boundary Adjustment rt MM41 am rb- Mil/ F71w' sow ice• 'd �� • ✓M�1ita I Vie! � 4 - OWLd r 1 •� ``�nwnlya trr4� • �.�.• Figure 2 F""'"'`""�""""41 PROPOSED BOUNDARY ADJUSTMENT t nwre."Ww ka%a .. . Arw 7 ar pleaft" w'% 'Source IPS $7q MbW 510M+M1�'SI Drawn By MA File- 22-1189 A .�x�AWXuM4AOWe H,."Ww"r pmesown IBM i1�pi INNOVATIVE PLANNING SOLUTIONS i Rkii A .Corr IPA'T1i1f17F .1.4r i t 1 � 4a•Ic 1. -1� i 1 t M'n ry�Vr� Development Services May 4,2022 Report No. DS2022-067 Page 12 of 15 Page 539 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 6: Letter from the Lake Simcoe Region Conservation Authority (LSRCA) dated October 22, 2021 Lake Simcoe Region conservaticn authority www,LSRCA,on.ca Sent via a-mail. April 25",2022 Municipal File No.:2022-8-16 LSRCA File No.;CO-127838 Andy Karaiskakls Secretary-Treasorer Development Services,Township of Oro-Medonte 148 Line 7 South Oro-Medonte,ON L4L 2E0 Dear Mr.Karaisk�ikis: Re: Application for Consent Line 4 S(Roll No,43460100090980000000) Township of Ora-Medonte Agent:Greg Barker&Megan Asbil,IP5 LSRCA staff have reviewed the above-noted application for Consent. The proponents are seeking to sever and merge lands for the purpose of a boundary adjustment. Documents Received and Rcuiewed by Staff Staff have received and reviewed the following documents submitted with this application: + Application Package • Site Plan • Planning Brief Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. LSRCA has also provided comments as per our MOU with our member municipalities representing matters pertaining to watershed planning, natural heritage and stormwater management. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies, 120 Bayview Parkway T 905,895.1281 Newmarket, Ontario L3Y 3VV3 F 905.853.5881. Member of Conservation Ontario TF 1,800,465.0437 Development Services May 4,2022 Report No. DS2022-067 Page 13 of 15 Page 540 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... Lake Simcoe Region Page 2 of 3 Recommendation Based on our review of the submitted information, from a watershed management perspective, we confirm that LSRCA has no objection to the proposed consent subject to the following condition: • That the LSRCA review fee($525.00)for the Consent application be paid. Site Characteristics Existing mapping indicates the fallowing: • Part of the lands are within an area governed by Ontario Regulation 179/06 as made by the Conservation Authorities Act.This is representative of: a Presence of a watercourse(C(rolea Creek) a Erosion hazards(meanderbelt)of Orolea Creek o Regional Storm Floodplain of Orolea Creek Unevaluated wetland and the associated 30m lands adjacent • A majority of the property contains a woodland Natural Heritage feature • The entire property is within the Natural Heritage System for the Growth Plan • A majority of the property is within the Simcoe Greenland System as identified in the Simcoe County Official Plan Schedule 5.1 Please note: LSRCA staff have not attended any site meetings at this location related to the subject applications. r... lahi 9m.w I1�,ylA, _ 0��v rr.rrrw ao..an — swwenlwnwa n.rwbr w. i `r 0 Development Services May 4,2022 Report No. DS2022-067 Page 14 of 15 Page 541 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... Lake Simcoe Region conservation aukharity Page 3 of 3 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). There are identified natural hazards on the subject lands (flooding and erasion hazards of Orolea Creek). Consistency with 3.1 of the PPS has been demonstrated as there will be no new lots created within the hazard areas. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06.This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to -confirm that the control of flooding,erosion,dynamic beaches,pollution or the conservation of land are not affected.LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The property is partially regulated) by the LSRCA under Ontario Regulation 179/06.Any future development or site alteration within the regulated portion will require a permit from the LSRCA in advance of building permits from the municipality. Summary Based on our review of the submitted information, from a watershed management perspective, we confirm that LSRCA has no objection to the proposed consent subject to the following condition: + That the LSRCA review fee($525.00)for the Minor Variance application be paid. Given the above comments,it is the opinion of the LSRCA that: 1. Cori s1stencywith Section 3.1 of the PPS has been demonstrated; 2. Ontario Regulation 179/06 does apply to the subject site. A permit from LSRCA may be required prior to anydevelopment taking place. Please inform this office of any decision made by the municipality with regard to this application, we respectfully request to receive a copy of the decision and notice of any appeals filed, Should you have any questions,please contact the undersigned(e.dias@lsrca.on.ca) Sincerely, Emma Dias Junior Planning and Natural Heritage Analyst Development Services May 4,2022 Report No. DS2022-067 Page 15 of 15 Page 542 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... �x w ;o iC CD ■ W }� � J N � N � N N Oin V O •U � 06 4-0 • ) O Q) Q w LO L O O O 4-0 U ° � � °� � 4-0 cn O O V U O U • • . . O � +� CO O JJ NLLII OW U Page 543 of 589 6.q) 8.50 p.m. DS2022-067, Andria Leigh, Deputy CAO/Director, Developmen... 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O Q >,N 70 o- U O E O (6 0 N N O C FD c6 U cc O O Cc Q � O U 70 N 4 01 70 Q Page 553 of 589 irector, Developmen... f �w� s� •J z _ o m N c9 r-4 Z z_ o CD Z ^' — Z • a T Z W • , CIS W • — W Q CC • � O Z 1 — n" ttiPage 554 of 589 1 Z J az z �u w V) � s u w 77 = m :fit N r sti • .r r • V y yy �41F'r h` •�y, RJ vv k 5 ' J Z cif W CO Z J o.zz �u um ra � �•Xlti XllY 11hNE � m XINIIIIIHI� oc Q r z z 0 e O rty LDIID z - 0 ; W - 111 0 z Q J 6.q) 8:50 p.m. DS2022-067,Andria Leigh, Deputy CAO/Director, Developmen... _ o a � � w n ar a u5 = IY a m R 4 N fl N W t m d N 10 N d M p P Q te.2 a22 Zvi tp�'q N Q 4 dl O 47 LL' m J y C IL a !L lL M Q U Z W Iml L:i 1-2 - 1 J w \ r c-1 i J t'0 i E inAw " D Q L3Y i.+ m a1E a E uEi iEn o cam- a NIP o o « N r a o .En vEi o c y p <0 y Y V N N N T `o_d2 yu`o_9`o9}uy L LL Page 557 of 589 6.q) 8:50 p.m. DS2022-067,Andria Leigh, Deputy CAO/Director, Developmen... 1 13, Q a a 0 0 a o CD- 0 i o 0 a o c a o IS' a _ o � o v � a a-- zn a' a a a' a ca N N o -CD L N C a CD- -CD o c V i N r1 o I o c 2. o c 0 a — a a� L4 Q E CD o v � -o c (� p CDCDN � O C O -CD a� O d >� NOt" o 0 0 0 0 O a� Q > a� a� Page 558 of 589 6.q) 8:50 p.m. DS2022-067,Andria Leigh, Deputy CAO/Director, Developmen... 1 > o o — a o � a, O t a, a, � o a, E O � N 4 CD-- CD -o Q o � o O O a, CDm m 2 a, O p c O a O CD-- -CD a' o -CD a, a' O O o a� a� a a� a� > o N ca ca o ca o CD-- CD o Q ca -CD o ca O O a c m CD c c +J c a� 2� — a� -CD v CD -CD O - aJ _ Ov C O •� �--� -� O p_ v aJ lJ -� O C w O bA !2 `o CL- O c� bJJ a� �+ o 0 o in ca A t O ca O _ c � Oy O O Page 559 of 589 6.q) 8:50 p.m. DS2022-067,Andria Leigh, Deputy CAO/Director, Developmen... 1 �: 0 O � O -o 0 o ca ca N -c V L N N C p_ " p- -O N /l C� -cD N N O N -O J O N i N + p_ -O J O O O N +J O- >j N N N -O N J C O O � C N C C N Cc75 — -p c75v N N — O cll� -p N -cD O V C J N V O N O -p N V Nc75 N — O N N d N cD V ✓ c�75 O c75 C V C75 _ bA ca O > a-- O d -O O C � �^ O- — O_ N O c7 c75 -p V !� v N t>.q -- N -O _N O O- f-N -- O- C'� _ C�--'� N i\ N N c� — c bJJ -o ca a� a� — O c — a� v O O , N c75 c75 J c75 dJ N C -O �-- �--' �• N C -cD C� C N N C N 4s = -c- C E �-- c75 c- bA bA d cD t>.q c75 — 'C�- O C d !� N N O C C� -O > V C- N N -� v, c75O J O O- cD c75_ _ CD O _ O J �- N d d -O t>.q O C O C c75 cD N O- -O cD cD N c75 N C O_ O V > > O O N N _ V O C -O !'� O O -- O O O N c75 O_ c75 N N N -O J Page 560 of 589 6.q) 8:50 p.m. DS2022-067,Andria Leigh, Deputy CAO/Director, Developmen... 1 a� O � V O V V O � fn •� O Q oZS O =� cn W d Page 561 of 589 Ta) DS2022-056, Danielle Waters, Planner re: Minor Variance Application... Township of *_U140b� &"A0x W Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-056 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # May 4, 2022 Minor Variance Application 2021-A-73 Roll #: Derek Surerus R.M.S. File #: 4346-010-005-27100 32 Broadview Avenue D13-60086 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-056 be received and adopted. 2. That Minor Variance Application 2021-A-73 by Derek Surerus, specifically for permission to permit a detached accessory building with an exterior side yard setback of 2.5 metres (8.2 feet) on the lands municipally known as 32 Broadview Avenue, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2022-056. 3. The conditions are as follows: a) That notwithstanding Section 5.1 .3 c) / Table B1 — Exterior side yard, the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building is not to be used for human habitation, commercial purposes or for a home industry; d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is no closer than 2.5 metres (8.2 feet) from the exterior lot line; e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 4,2022 Report No. DS2022-056 Page 1 of 10 Page 562 of 589 Ta) DS2022-056, Danielle Waters, Planner re: Minor Variance Application... Background: The subject property has a lot area of 0.14 hectares (0.47 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and small detached accessory structure. This application was previously deferred by the Committee at the December meeting, to allow the applicant time to locate the septic system. The applicant has recently installed a new septic system. The Township's Building Department has been circulated the minor variance application and they have no concerns with the new septic in relation to the proposed building location. The applicant is proposing to construct a new detached accessory building. The applicant is requesting relief from the following section of Zoning By-law 97-95, as amended: Section 5.1.3 c) / Table B1 — Exterior side yard, R1 Required. Proposed: 4.5 metres (14.7 feet) 2.5 metres (8.2 feet) The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .3 — Settlement Areas are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Settlement Areas section supports residential development and intensification within these boundaries; the applicants are proposing construction of a new detached accessory building that would be permitted by these policies. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. The subject application has been reviewed by Planning Staff with Development Services May 4,2022 Report No. DS2022-056 Page 2 of 10 Page 563 of 589 Ta) DS2022-056, Danielle Waters, Planner re: Minor Variance Application... respect to the Places to Grow policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification ... [and] 1) directing development to settlement areas ...... Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed structure conforms to the Rural Areas policies in the Growth Plan 2020 as the land subject to this application is a residential lot within a rural settlement area (Prices Corners). Planning Staff is of the opinion that this application for a new detached accessory building conforms to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements, and minimize land consumption and servicing costs." (County of Simcoe, 2016). In Planning Staff's opinion, the applicant's minor variance application conforms to the general intent and purpose of the County's Official Plan by focusing development within the settlement area of Prices Corners. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent of the Official Plan? The subject lands are within the Rural Settlement Area of Prices Corners, which forms part of the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation includes single detached dwellings and by extension accessory uses to the residential use. Development Services May 4,2022 Report No. DS2022-056 Page 3 of 10 Page 564 of 589 Ta) DS2022-056, Danielle Waters, Planner re: Minor Variance Application... Therefore, based on the above, the requested variance pertaining to the construction of an accessory building is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97-95, as amended. Detached accessory buildings are permitted in the R1 Zone. The primary purpose of the exterior side yard setback is to provide spatial separation between structures and the road, as well as provide space for access, maintenance and drainage around buildings and parking. Taking into account the curvature of the road (Joy Avenue) along the exterior side yard and the varied setbacks of existing structures along Joy Avenue, Planning Staff believe that the proposed setback will provide an adequate setback from the road and will not look out of place in relation to the rest of the streetscape. The proposed location will allow for continued use of the existing d riveway. The proposed accessory building will be smaller than the dwelling and an existing fence and vegetation will provide additional buffering. The proposed building will appear secondary and subordinate to the residential use of the property. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted that the proposed building would be partially visible from the neighbouring properties, but that the existing vegetation along the abutting lot line as well as a fence, will allow for buffering. The proposed structure will be in keeping with the residential character of the neighbourhood as several of the surrounding properties have detached accessory buildings. Based on the above, Planning Staff believe the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. The structure is not anticipated to have an adverse impact on the neighbourhood as it will appear to be secondary from the road, vegetation will soften the appearance of the building from neighbouring properties and is smaller in height/floor area than the existing dwelling. In Planning Staff's opinion, the requested Minor Variance is minor in nature. Development Services May 4,2022 Report No. DS2022-056 Page 4 of 10 Page 565 of 589 Ta) DS2022-056, Danielle Waters, Planner re: Minor Variance Application... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building Division o New septic installed, Building Division concerns are resolved Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Plan Development Services May 4,2022 Report No. DS2022-056 Page 5 of 10 Page 566 of 589 Ta) DS2022-056, Danielle Waters, Planner re: Minor Variance Application... Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-73 be approved on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS, conforms to the Growth Plan 2020 and the County Official Plan and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services April 26, 2022 Andria Leigh Deputy CAO/Director, Development Services April 26, 2022 Development Services May 4,2022 Report No. DS2022-056 Page 6 of 10 Page 567 of 589 Ta) DS2022-056, Danielle Waters, Planner re- Minor Variance Application... Schedule 1: Location map T 7 er-7 92 8 8 9 .pooam�a�a.� I 1DO t Bean'oe a ler n5. 10 11 104 r m. .wi.�i 4 1e 11 11 Doreen Ave. 112 Ali idge Rears 12 Q 15 16 116 50 53 10 O 4 O 24 01 17 52 55 y y 122 8 N 28 26 18 . J 54 19 57 8 130 56 58 61 4 6 21 138 29 27 25 23 63 so 2 62 It 36 32 30 28 26 24 18 1Y 64 9L N Broadview Ave. 66 69 68 71 70 73 72 77 74 1 79 9 75 83 Bass 78 Lake 80 85 82 87 84 90 69 204 200 Schedule 1 Location '1 awash i1�of ®Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2021-A-73 a 1 1 1 i Development Services May 4,2022 Report No. DS2022-056 Page 7 of 10 Page 568 of 589 Ta) DS2022-056, Danielle Waters, Planner re- Minor Variance Application... Schedule 2: Aerial Photo —V—J'rtd. 1-I � -Maone[one Ad. Arse ho V Ile Z es �� � •r _ems r L 0 D to i I Broadview Ave. Schedule 2 Aerial Photo 1bw„Shin qf Subject Lands Proud eriiQAey Exiting Future 0 20 M File Number:2021-A-73 ti I I I 1 Development Services May 4,2022 Report No. DS2022-056 Page 8 of 10 Page 569 of 589 Ta) DS2022-056, Danielle Waters, Planner re- Minor Variance Application... Schedule 3: Applicant Site Plan D' � BOARD FENCE •� 0.7' 2.6 CP 14 I I C '•R / i'�.�� 's�':I�ti tit yr I 4 � I L4T1 CAR►� 6o I DECK 13TOREY 1 1 FRAME DWELLING • I f ' N N N 100.00, U COO r1/t� r Schedule 3 Applicant's Site Plan ' 0 T td File Number 2021-A-73 Proved HerrtnQc,Exritioe;Q Futxvre Development Services May 4,2022 Report No. DS2022-056 Page 9 of 10 Page 570 of 589 Ta) DS2022-056, Danielle Waters, Planner re: Minor Variance Application... Schedule 4: Applicant Elevation Plan PEAL(OF ROOF _ a _ MIDPOINT OF ROOF _ TOP OF PLATE _ PRE-FINISHED FASCIA& VENTED SOFFIT(TYP) 0 0 HORIZ.SIDING(TYP) rn m SIDING MIN-8'ABOVE GRADE(TYP) TOP OF SLAEIFIN. GRADE W-0'0 0"O.H.DOOR ------------ — ''► THIS FACE MUST BE MINIMUM OF a.D5m FROM A PROPERTY LINE ENG TYP Schedule 4 Applicant's Elevation Drawing File Nu tuber 2021-A-73 Proud HeritrrAe,Excitin,Q Furaire Development Services May 4,2022 Report No. DS2022-056 Page 10 of 10 Page 571 of 589 7.b) DS2022-065, Andria Leigh, Deputy CAO/Director, Development Services... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-065 Development Services Andria Leigh, Deputy Committee CAO/ Director, Development Services Meeting Date: Subject: Motion # May 4, 2022 Deeming By-law Application 2022-D-01 Roll #: Alfonso Guarino and Daniele R.M.S. File #: 4346-030-012-29300 Guarino D12-60504 4346-030-012-29400 34 Goss Road and Adjacent Plan 993 Lots 22 and 23 (1109 Woodland Drive) Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-065 be received and adopted. 2. That Deeming By-law Application 2022-D-01 by Alfonso Guarino and Daniel Guarino, to deem the two parcels (Lots 22 and 23 on Plan 993) under the Planning Act not to be a registered plan of subdivision, for lands located at 1109 Woodland Drive and adjacent parcel to the east (address not assigned), Township of Oro- Medonte, be approved. 3. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: Alfonso Guarino and Daniel Guarino owns two properties (Lots 22, Lot 23) in Registered Plan 993 fronting on Woodland Drive. The application for the deeming by-law is related to these two parcels - Lot 22 and Lot 23 on Plan 993 (refer to Schedules 1 and 2). The submitted deeming by-law application is necessary in order to "deem" the two parcels under the Planning Act not to be a registered plan of subdivision which provides the Development Services May 4,2022 Report No. DS2021-065 Page 1 of 5 Page 572 of 589 7.b) DS2022-065, Andria Leigh, Deputy CAO/Director, Development Services... legal mechanism for the two lots to merge on title and become one lot. It is noted that the only way to separate the parcels in the future is through a Consent Application. Analysis: The process considered through the Planning Act in which to merge lots located within a plan of subdivision is through a Deeming By-law. The Township's assessment records for the subject properties show two property roll numbers and the registered property owner for the parcels being identified as noted above. Lot 22 (1109 Woodland Drive) contains a single detached dwelling while Lot 23 (address not assigned) is vacant. The applicant wishes to merge the two properties to ensure there are no setback issues for the dwelling should the properties be sold in the future. The subject lands are designated "Shoreline" in accordance with the Township's Official Plan. Single detached dwellings and accessory buildings are permitted uses on lands designated "Shoreline" in the Official Plan. The subject lands are zoned "Shoreline Residential (SR)" by Zoning By-law 97-95, as amended. Single detached dwellings and accessory uses such as detached garages are permitted in the SR Zone. In accordance with the Planning Act, no public meeting is required prior to the consideration of a deeming by-law. Notice of the passage of the deeming by-law is required to be provided to the landowner. Financial / Legal Implications / Risk Management: Potential change in assessment. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: • Prepare for Our Future • Foster Safe and Inclusive Community Living & Business Growth Development Services May 4,2022 Report No. DS2021-065 Page 2 of 5 Page 573 of 589 7.b) DS2022-065, Andria Leigh, Deputy CAO/Director, Development Services... Consultations: N/A Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Conclusion: Planning Staff recommends that Deeming By-law Application 2022-D-01 to deem the two parcels (Lot 22 and Lot 23, Plan 993) under the Planning Act not to be a registered plan of subdivision on lands municipally known as 1109 Woodland Drive and unassigned Woodland Drive, Township of Oro-Medonte, be approved through Deeming By-law No. 2022-042. Respectfully submitted: Andria Leigh, RPP, MCIP Deputy CAO/ Director, Development Services Approvals: Date: Development Services May 4,2022 Report No. DS2021-065 Page 3 of 5 Page 574 of 589 7.b) DS2022-065, Andria Leigh, Deputy CAO/Director, Development Services... y ° 1073 1069 ---- 1081 10`1113 1091 1489 1125 11Q9 1103 1085 1117 1133 1145 1141 1129 114E 113 1157 r 1161 Luke Simcoe Schedule 1 Location l�tre•rlalir�a at Subject Lands Norod Hrrifagt-,£•'xeiriFig Fpar`re 0 100 M FIbe Number:2022-D-01 41 1 I I 1 I Development Services May 4,2022 Report No. DS2021-065 Page 4 of 5 Page 575 of 589 7.b) DS2022-065, Andria Leigh, Deputy CAO/Director, Development Services... a � 10 40 . : y � Schedule 2 Aerial Photo -- ®Subject Lands PrwJ Hrrires.. 0 n; Fde Numbs' 2022-D-01 N Development Services May 4,2022 Report No. DS2021-065 Page 5 of 5 Page 576 of 589 7.c) DS2022-64, Danielle Waters, Planner re: Request for Temporary 2nd D... township cif Repor 0 t 'roud Heritage, Exciting Future Report No. To: Development Services Prepared By: DS2022-064 Committee Danielle Waters, Planner Meeting Date: Subject: Request for Temporary Motion # May 4, 2022 2nd Dwelling at 551 Penetanguishene Road by Roll #: David Burgess and Marites R.M.S. File #: 010-006-15000 Calacala D00 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-064 be received and adopted. 2. That Committee authorizes the request of David Burgess and Marites Calacala, to allow the owners to temporarily reside in their existing dwelling that currently occupies the property at 551 Penetanguishene Road which is to be demolished within twelve (12) months from the time of issuance of the building permit for the new dwelling. 3. That the appropriate by-law authorizing the temporary agreement be brought forward for Council's consideration. 4. That the applicant be advised of Committee's decision under the Director, Development Services signature. Background: The subject property is 0.8 hectares (1.9 acres), and is located on the east side of Penetanguishene Road (See Attachments #1 and #2). According to the Municipal Property Assessment Corporation (MPAC) records, there is an existing 114.0 square metre (1 ,228.0 square foot) dwelling located on the property, which was constructed in approximately 1935. The applicants are proposing the construction of a new single detached dwelling but a building permit cannot be issued until the existing dwelling is demolished. The applicants are requesting permission from the Township to leave the existing dwelling for a period of one (1) year, while construction of the new dwelling is being completed. Development Services Committee May 4, 2022 Report No. DS2022-064 Page 1 of 6 Page 577 of 589 7.c) DS2022-64, Danielle Waters, Planner re: Request for Temporary 2nd D... Anal sis: The Township has historically allowed owners to temporarily reside in their existing dwelling or a trailer during construction of the new dwelling and allow for a building permit to be issued for the new dwelling. This practice has been followed contrary to the Township's Zoning By-law, which only allows one dwelling per property; however, it is considered a reasonable compromise to assist owners in these hardship cases. Planning Staff are supportive of a 1 year agreement. A financial deposit and agreement (see Attachment #3) stipulating the terms of this approval and will be required to be executed with the owner, which ensures compliance after the 12-month expiry. Council has established a precedent of granting one-year temporary permissions on other properties in the Township. As the applicant is required to post securities for $ 20,000.00 to ensure the removal of the original dwelling, it is anticipated that the applicant will expedite the demolition process in order to have their securities returned expeditiously. The Township has since 2008 consistently utilized $20,000 as required security deposit, representing an amount adequate to cover the costs of the demolition of dwelling and to return the site back to graded condition with all demolition removal. The applicant has requested a reduction in the securities to $10,000.00. Planning Staff have discussed the request with the Building Department, who have advised that current demolition rates range from approximately $18,000 to $20,000.00 making the Township's current security deposit of $ 20,000 requirement appropriate. Financial / Legal Implications / Risk Management: A Temporary Second Home Agreement and a $20,000 security deposit are required prior to issuance of a Zoning Certificate and a building permit for the new dwelling to ensure removal of the existing dwelling once the new dwelling is constructed. The applicant must post securities for $ 20,000.00 to ensure the removal of the original dwelling. Policies/Legislation: Planning Act The Building Code Act Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Modernize Township Services • Improve delivery services Development Services Committee May 4, 2022 Report No. DS2022-064 Page 2 of 6 Page 578 of 589 7.c) DS2022-64, Danielle Waters, Planner re: Request for Temporary 2nd D... Consultations: Landowner Building Department Attachments: Attachment # 1 - Location Map Attachment # 2 —Aerial Photo Attachment # 3 —Agreement Attachment # 4 —Applicants Request for Security Reduction Conclusion: Approval of the attached agreement, including submission of the required security deposit, to permit the landowner to leave the existing dwelling for a 12-month period while the new dwelling is being constructed is considered appropriate and should be authorized. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Derek Witlib, Manager of Development Services April 26, 2022 Andria Leigh, Deputy CAO/Director of Development Services April 26, 2022 Development Services Committee May 4, 2022 Report No. DS2022-064 Page 3 of 6 Page 579 of 589 AttachmeQ WU26 inn Woielle Waters, Planner re- Request for Temporary 2nd D... R\ AfRV �Re ED-206(H) Attachment #2 —Aerial Photo a� • � r 1 a Development Services Committee May 4, 2022 Report No. DS2022-064 Page 4 of 6 Page 580 of 589 7.c) DS2022-64, Danielle Waters, Planner re: Request for Temporary 2nd D... Attachment #3 - Agreement Schedule "A"to By-law No. 2022-064 AGREEMENT In consideration of receiving a building permit from the Township of Oro-Medonte, I, David Burgess and Marites Calacala, of the Township of Oro-Medonte (formerly Township of Oro) in the County of Simcoe, covenant and agree as follows: 1. That I am the registered owner of Concession 1 South Part Lot 10 RP;51 R14675 Parts 1 to 3 (Oro), being more particularly described as 551 Penetanguishene Road. 2. That I have applied to the Council of the Corporation of the Township of Oro-Medonte for permission to allow us to temporarily reside in our existing (old) dwelling on the above-mentioned lands, at the same time as a new dwelling is under construction on those same lands, wherein such procedure is not provided for under the provisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That I hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted for a term of 12 months from the date of the issuance of a building permit; and b) That by no later than one month following expiry of the 12 month term, the existing (old) dwelling is to be demolished to the satisfaction of the Township's Chief Building Official. 4. That certified funds in the amount of$20,000.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the certified funds at its sole discretion. 5. That we hereby agree to the terms and conditions set out above. 6. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. We hereby covenant and agree to indemnify and save harmless the Township of Oro- Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. Development Services Committee May 4, 2022 Report No. DS2022-064 Page 5 of 6 Page 581 of 589 AttachWe t R@8(&ti&@quest for Temporary 2nd D... Good afternoon, I was only recently made aware of a deposit amount of $20,000 as part of the 2nd home agreement. I was made aware of the agreement, but not the deposit amount, when I started the process to apply for building permit last year. I have no problem with the agreement as I understood the intent when I started the process. When I started my process last year I did make the township aware of the fact I would be living in the old dwelling while constructing the new home. The process was delayed when I found out that I would require a variance and needed to apply to NVCA for their approval. What I am asking for is a reduction in the fee to $10,000. The demolition permit has been taken out. I have no intent on keeping the existing house on the property after we have occupancy for the new home. I respectfully request that you accept my request for the reduction. Thank you Dave Burgess Permit # OM-2022-99 Development Services Committee May 4, 2022 Report No. DS2022-064 Page 6 of 6 Page 582 of 589 7.d) DS2022-069, Derek Witlib, Manager, Planning Services re: Zoning By,. /a Township off C.�` ,W Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-069 Development Services Committee Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # May 4, 2022 Zoning By-law Amendment Application 2022-ZBA-09 Roll #: by 2353970 Ontario Inc. R.M.S. File #: 4346-020-005-04402 81 Moonstone Road East D14- Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2022-069 be received and adopted; 2. That Zoning By-law Amendment Application 2022-ZBA-09 by 2353970 Ontario Inc. to remove a Holding (H) symbol from lands located at 81 Moonstone Road East, be approved. 3. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 4. And that the applicant be advised of the Council's decision under the Director, Development Services' signature. Background: The subject lands are located on the south side of Moonstone Road East in the Moonstone Rural Settlement Area (see Schedules 1 and 2 for Location Map and Aerial Photo). On August 18, 2021 , Council: • Approved Consent Applications 2021-B-26, B-27 & B-28; • Approved Zoning By-law Amendment Application 2021-ZBA-09; and • Passed By-law No. 2021-096. The above noted applications and by-law had the effect of dividing the lands into four residential lots and rezoning the lands from a Local Commercial (LC) Zone to a Residential One — Holding (R1-H) and an Environmental Protection Exception 331 (EP*331) Zone. The new lots have now all been registered. The configuration of the lots is shown on the registered Reference Plan that is included as Schedule 3. Development Services May 4, 2022 Report No. DS2022-069 Page 1 of 7 Page 583 of 589 7.d) DS2022-069, Derek Witlib, Manager, Planning Services re. Zoning By,. The Holding (H) symbol was affixed to the residentially zoned portion of the lands to ensure that owner would enter into a Consent Agreement between with the Township for the extension of the municipal watermain along Moonstone Road to provide water services to the new lots. Analysis: The required Consent Agreement was executed on January 31 , 2022 and was registered against the lands on February 22, 2022. The owner has also provided the Township with all required securities and financial requirements pursuant to the agreement, including $99,374.78 to guarantee the completion of the watermain works (construction of which is currently in progress) and payment of cash-in-lieu of parkland in the amount of $6,000. Based on the above, the owner has satisfied all the requirements for the removal of the Holding (H) symbol from the residentially zoned portion of the lands as shown on Schedule 4 to this report. Removal of the H symbol would allow the owner to apply for building permits for the new lots. The Consent Agreement provides that the watermain works need to be completed and accepted by the Township and the new dwellings connected to the municipal water service before any Occupancy Permits would be granted. Financial / Legal Implications / Risk Management: The Township holds sufficient securities to guarantee the completion of the required watermain works. The registered Consent Agreement ensures that Occupancy is not granted for the new dwellings until such time as connections to the municipal water service are completed to the Township's satisfaction. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Development Services May 4, 2022 Report No. DS2022-069 Page 2 of 7 Page 584 of 589 7.d) DS2022-069, Derek Witlib, Manager, Planning Services re. Zoning By,. Consultations: • Director, Environmental Services • Applicant/Owner Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Registered Reference Plan Schedule 4: Lands Subject to Removal of H Symbol Conclusion: It is Planning Staff's recommendation that Zoning By-law Amendment Application 2022-ZBA- 09 be approved by the Development Services Committee and that Council pass the necessary By-law to remove the Holding (H) symbol from the zoning of the lands. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Director Development Services April 28, 2022 Development Services May 4, 2022 Report No. DS2022-069 Page 3 of 7 Page 585 of 589 7.d) DS2022-069, Derek Witlib, Manager, Planning Services re- Zoning By-... T sFRld T -IIM�o o nLstonelRd. �T Wa�e�'oe.al r L. - fd•Ba�ri,e-Rd.c IIII 7 62J90-9 94 98 102 Ridq 0.ead Moonstone Rd. E. 13 26 28 30 42 44 40 11 81 38 9 17 19 0 m 7 36 47 8 13 5 34 11 6 3 24 26 28 30 32 45 9 4 22 53 7 Bachly Ave. 12 �35 ' 03 51 5 3 CL0 23 27 29 31 0 2 1 21 48 H e 49 r �ehjh 19 4 2 Cris 17 46 46 47 Schedule 1 Location �oshrpo Subject Lands % Q Proud Heritage,Exciting Future 0 100 m (File Number:2021-ZBA-09I2021-B-26I27128 ti I i i i Development Services May 4,2022 Report No. DS2022-069 Page 4 of 7 Page 586 of 589 7.d) DS2022-069, Derek Witlib, Manager, Planning Services re- Zoning By,. Vas¢vHd. nenstnn lRd. Horseshm�uai qV i�ld•earrie-Rd.0 r Moonstone Rd. E. �'Rid9R 51nad V ±.�-. lip ` It i 'a$ Am .. - .r L L Schedule 2 ,� Aerial Photo �r��,ship C3 Subject Lands Proud Heritage,Exciting Future 0 50 m File Number:2021-ZBA-0912021-B-26/27/28 N 1 1 1 1 1 11 Development Services May 4, 2022 Report No. DS2022-069 Page 5 of 7 Page 587 of 589 Td) DS2022-069, Derek Witlib, Manager, Planning Services re. Zoning By-... Schedule 3: Applicant's Registered Reference Plan O k- a x Ld LO $ c LL � �S i i J 000 a.O Jf Val- aP i i i 3 z o O tL IN s 6u oe oU c�1—UxNsli M H; jar Imp ' ti Imp c� P` rt5 Po �¢ 4'% ' III �r� eft fw n+ h $ a 6 N u3 p_I.1+. - In J I fi ;tr10, G; aLOT k ? v, a Jai czs'-ri a OWL jli s ...OL WN � II, ' �•i y.,..t-YT I �° S{ �i •$�{ 4 ��.. 1J^� II! �a I� 1C� z 24 Q I i 4 4f1 Development Services May 4,2022 Report No. DS2022-069 Page 6 of 7 Page 588 of 589 7.d) DS2022-069, Derek Witlib, Manager, Planning Services re. Zoning By-... Schedule 4: Lands Subject to Removal of H 94 62 72 98 102 90 Moonstone Rd. P. 23 44 C 42 40 11 Brechin Cres. S1 38 19 _ G 4) 7 36 C 47 8 4) 5 34 6 3 24 26 28 30 32 45 4 22 53 Bachly Ave. -' 12 _ 1, 5 3 _ — 29 31 35 u 51s Lands subject to removal of Holding (H) symbol Development Services May 4,2022 Report No. DS2022-069 Page 7 of 7 Page 589 of 589