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04 06 2022 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Township of Proud Heritage, Exciting Future Wednesday, April 6, 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: 2. Agenda Approval: Page 1 of 375 a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 16 a) Minutes of Development Services Committee meeting held on Wednesday, March 2, 2022. 5. Public Meetings: 17 - 35 a) 5:30 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 14 North Part Lot 5 (Medonte), municipally known as 9647 Highway 12, 2021-SUB-02 & 2021-ZBA-15 (12 West South Inc). 36 - 47 b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 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]. 6. Public Hearings: 48 - 76 a) 5:55 p.m. DS2022-48, Michael Barton, Township Planning Consultant re: Minor Variance 2022-A-09, Yuling Meng, 1021 Lakeshore Road East (to be distributed). 77 - 93 b) 6:05 p.m. DS2022-039, Danielle Waters, Planner re: Minor Variance Application 2022-A-10, Kaari & Edmund Piotrowski, 719 Line 2 South. 94 - 122 c) 6:15 p.m. DS2022-049, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-11, Krista Bradley & Ted Landray, 72 William Street (to be distributed). 123 - 141 d) 6:25 p.m. DS2022-040, Danielle Waters, Planner re: Minor Variance Application 2022-A-12, Jared & Jennifer-Lynne Johnson, 848 15/16 Sideroad West. 142 - 160 e) 6:35 p.m. DS2022-041 , Danielle Waters, Planner re: Minor Variance Application 2022-A-13, Larry & Robina Trottier, 101 O'Brien Street. 161 - 184 f) 6:45 p.m. DS2022-042, Danielle Waters, Planner re: Minor Variance Application 2022-A-14, Martha Lowry & Alastair Whitehead, 1151 Warminster Sideroad. 185 - 209 g) 6:55 p.m. DS2022-050, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-15, Ann Marie Baczynsky, 17 Simcoe Avenue (to be distributed). Page 2 of 375 210 - 243 h) 7:05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-16, Peter and Crystal Rosewell, 433 15/16 Sideroad West. 244 - 264 i) 7:15 p.m. DS2022-038, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-17 by Craighurst GP Inc., Concession 1 , West Part Lot 41 (Medonte). 265 - 288 j) 7:25 p.m. 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). 289 - 312 k) 7:35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re: Consent Application 2022-B-07, Shaun and Jennifer Perry, 131 Rail Trail Drive (to be distributed). 313 - 335 1) 7:45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re: Consent Application 2022-B-08, Luke Sternberg and Alison Mitchell, 10 Springhome Road (to be distributed). 336 - 368 m) 7:55 p.m. DS2022-047, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-08, William Wheeler, 3657 Line 7 North (to be distributed). 7. Reports of Municipal Officers: 369 - 375 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]. 8. Next Meeting Date: Wednesday, May 4, 2022. 9. Adjournment: a) Motion to Adjourn. Page 3 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte (w Development Services Committee Minutes Township of t+Pi Electronic Meeting Proud Heritage,Exciting Future Wednesday, March 2, 2022 5:31 p.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Staff Andria Leigh, Deputy CAO/Director, Development Services; Catherine Present: McCarroll, Intermediate Planner; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Mayor H.S. Hughes assumed the Chair at the above-noted time and called the meeting to order. 2. Agenda Approval a) Motion to Approve the Agenda. Motion No. DSC220302-1 Moved by DeSousa, Seconded by Greenlaw It is recommended that the agenda for the Development Services Committee meeting of Wednesday March 2, 2022 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. Page 1 of 13 Page 4 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 2, 2022. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, February 2, 2022. Motion No. DSC220302-2 Moved by Keane, Seconded by Scott It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, February 2, 2022 be received and approved as printed and circulated. Carried. 5. Public Meetings: 4iN a) Notice of Receipt of Complete Applications; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendments to the Official Plan and Zoning By-law of the Township of Oro-Medonte, Concession 1 East Part Lot 9 (Orillia), municipally known as 554 Line 15 North, 2021-OPA-01 & 2021-ZBA-14 (French Properties Limited). Mayor H.S. Hughes called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by French Properties Limited. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 3, 2022; Township of Oro-Medonte, Operations Division dated February 7, 2022; County of Simcoe, Planning Department dated February 25, 2022; County of Simcoe, Transportation and Engineering dated May 12, 2020; Lake Simcoe Region Conservation Authority dated March 2, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Jamie Robinson, MHBC Planning, on behalf of the applicant, was present. A PowerPoint presentation was presented. 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 13 Page 5 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 2, 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 8, Part East Part Lot 17, RP 51 R-15953 Part 1 (Oro) and municipally known as 560 Line 8 North, 2022-ZBA-01 (Lucas) [Refer to Item 7c); and Items 5a) and 5b) 03 02 2022 Council Agenda]. Mayor H.S. Hughes called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Brenda Lucas The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 8, 2022; Township of Oro-Medonte, Operations Division dated February 8, 2022; Township of Oro-Medonte, Building Division dated February 10, 2022; Enbridge Gas Inc. dated February 19, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The applicant was not present. 1*< Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during *%kh, this meeting. There being no further comments or questions, the meeting adjourned. Amwnwssih, 1%r "4 Item 7b) was dealt with at this tim . Page 3 of 13 Page 6 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 2, 2022. 7. Reports of Municipal Officers: b) DS2022-025, Danielle Waters, Planner re: 2022-ZBA-01 , Brenda Lucas, Temporary Use By-law, Garden Suite (Granny Flat), 560 Line 8 North [Refer to Items 5a) and 5b) 03 02 2022 Council Agenda]. Motion No. DSC220302-3 Moved by DeSousa, Seconded by Veitch It is recommended A& 1 . That DS2022-025, Danielle Waters, Planner re: 2022-ZBA-01 , Brenda Lucas, Temporary Use By-law, Garden Suite (Granny Flat), 560 Line 8 North be received and adopted. 2. That Zoning By-law Amendment Application 2022-ZBA-01 by Brenda Lucas, specifically to permit a Garden Suite for the lands known as 560 Line 8 North for a period of three (3) years, be approved. 3. That the appropriate by-laws to adopt a Temporary Use By-law and to execute an agreement for the lands known as 560 Line 8 North, Township of Oro-Medonte, for the purposes of a Garden Suite for a period of three (3) years 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. Page 4 of 13 Page 7 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 2, 2022. 6. Public Hearings: a) DS2022-026, Danielle Waters, Planner re: Minor Variance Application 2022-A-02, Angela Fleming, Concession 6, South Part Lot 19 (Medonte). Mayor H.S. Hughes called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Angela Fleming. The following correspondence was received: Bell Canada dated February 10, 2022; Township of Oro-Medonte, Manager, Development Engineering dated February 10, 2022; Township of Oro-Medonte, Operations Division dated February 10, 2022; Township of Oro-Medonte, Building Division dated February 14, 2022; County of Simcoe, Planning Department dated February 23, 2022; Carolyn Milne dated February 27, 2022; Larry McGeachan and Sherry Hutchinson dated February 28, 2022; Nottawasaga Valley Conservation Authority dated March 2, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented Angela Fleming, applicant, was present. sk 46hh.� X Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC220302-4 Moved by Hough, Seconded by Veitch It is recommended 1. That Minor Variance Application 2022-A-02, Angela Fleming, Concession 6, South Part Lot 19 (Medonte) be deferred to allow the applicant time to address the concerns from Nottawasaga Valley Conservation Authority (NVCA). 2. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 13 Page 8 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 2, 2022. b) DS2022-021, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-04, Nigel and Carol Squirrell, 2814 Lakeshore Road East. Mayor H.S. Hughes called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Nigel and Carol Squirrel. The following correspondence was received: Bell Canada dated February 10, 2022; Township of Oro-Medonte, Manager, Development Engineering dated February 10 and 18, 2022; Township of Oro-Medonte, Operations Division dated February 10 and 22, 2022; Township of Oro-Medonte, Building Division dated February 14 and 22, 2022; Lake Simcoe Region Conservation Authority dated February 18, 2022; Rita Kovacs dated February 22, 2022. Andria Leigh, Deputy CAO/Director, Development Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Nigel Squirrell, applicant, was present. Staff confirmed that no additional public registrations were received. Nk 6 Staff confirmed that no additional correspondence from the public was received during this hearing. Affiffilr � �, Ift ANINFINEfth, There being no further comments or questions, the hearing adjourned. Motion No. DSC220302-5 Moved by Scott, Seconded by Hough It is recommended X 1%, 1. That DS2022-021 , Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-04, Nigel and Carol Squirrell, 2814 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2022-A-04 by Nigel & Carol Squirrell, specifically for permission to build a detached garage in the rear yard with a maximum height of 6.13 metres (4.5 metres permitted), a maximum floor area of 96.5 m2 (70 m2 permitted), a maximum lot coverage of 6 percent (5% permitted) and a minimum interior side yard setback of 1 .52 metres (2.0 metres required) be approved subject to the conditions as outlined in DS2022-021. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 13 Page 9 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 2, 2022. c) DS2022-027, Danielle Waters, Planner re: Minor Variance Application 2022-A-05, Halina Krzywucka, 111 Robinson Street. Mayor H.S. Hughes called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Halina Krywucka. The following correspondence was received: Bell Canada dated February 10, 2022; Township of Oro-Medonte, Manager, Development Engineering dated February 10, 2022; Township of Oro-Medonte, Operations Division dated February 10, 2022; John and Hanna Iwaniura dated February 10, 2022; Township of Oro-Medonte, Building Division dated February 14, 2022; Lake Simcoe Region Conservation Authority dated February 18, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Mirka Kulesza, on behalf of applicant, was present. lusk."A& N Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC220302-6 Moved by Greenlaw, Seconded by Keane' kNk, It is recommended 1%6 1. That DS2022-027, Danielle Waters, Planner re: Minor Variance Application 2022-A- 05, Halina Krzywucka, 111 Robinson Street be received and adopted. 2. That Minor Variance Application 2022-A-05 by Halina Krzywucka specifically to permit the construction of a single detached dwelling with a reduced interior side yard setback to 2.0 metres (6.5 feet), a deck setback from the average high water mark of 18.12 metres (59.44 feet) and a driveway setback of 1.80 metres (5.9 feet) on lands municipally known as 111 Robinson Street, be approved, subject to the conditions as outlined in DS2022-027. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 13 Page 10 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 2, 2022. d) DS2022-020, Catherine McCarroll, Senior Planner re: Consent Application 2022-B-03 and Minor Variance Application 2022-A-06 by Corinne and David Nesbitt Concession 4 Part Lot 1 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 2 (Oro). Mayor H.S. Hughes called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Corrine and David Nesbitt. The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 10, 2022; Township of Oro-Medonte, Building Division dated February 14, 2022; Township of Oro-Medonte, Manager, Development Engineering dated February 14, 20227 Bell Canada dated February 15, 2022; Township of Oro-Medonte, Environmental Services dated February 157 2022; County of Simcoe, Planning Department dated February 227 2022; Ray Gingras dated March 2, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. David Nesbitt, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this hearing. INK lqlsshh There being no further comments or questions, the hearing adjourned. Motion No. DSC220302-7 Moved by Scott, Seconded by DeSousa lqw-"161-V1,461 It is recommended 1. That DS2022-0207 Catherine McCarroll, Senior Planner re. Consent Application 2022-13- 03 and Minor Variance Application 2022-A-06 by Corrine and David Nesbitt Concession 4, Pt Lot 1, Concession 5, Pt Lot 1, Pt Road Allowance Reference Plan 51 R37085, Part 2 (Oro) be received and adopted. 2. That Consent Application 2022-B-03 by Corinne and David Nesbitt, to create a residential lot on lands legally described as Concession 4, Part Lot 1 and Concession 57 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 2 (Oro), Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-020. 3. That Minor Variance Application 2022-A-06 by Corinne & David Nesbitt, specifically to permit a severed lot with a minimum lot area of 0.23 hectares (0.56 acres) and a minimum lot frontage of 24.5 metres (80.4 feet), and a retained lot with a minimum lot area of 1.8 hectares (4.5 acres) and a minimum lot frontage of 24.92 metres (81.8 feet) on lands legally described as Concession 47 Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 2 (Oro), Township of Oro- Medonte, be approved subject to the conditions as outlined in DS2022-020. 4. That the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Carried. Page 8 of 13 Page 11 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 2, 2022. e) DS2022-028, Danielle Waters, Planner re- Minor Variance Application 2022-A-07, Craig McKay and Wendy Smith, 99 Eight Mile Point Road. Mayor H.S. Hughes called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Craig McKay and Wendy Smith. The following correspondence was received- Township of Oro-Medonte, Operations Division dated February 11, 2022; Township of Oro-Medonte, Manager, Development Engineering dated February 15, 2022; Bell Canada dated February 16, 2022; Lake Simcoe Region Conservation Authority dated February 18, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Justin Sherry, on behalf of the applicant, was present. Craig McKay, applicant, was present. 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 hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC220302-8 Nsh,-A Moved by Hough, Seconded by Keane' It is recommended 'NL 1. That DS2022-028, Danielle Waters, Planner re- Minor Variance Application 2022-A- 07, Craig McKay and Wendy Smith, 99 Eight Mile Point Road be received and adopted. 2. That Minor Variance Application 2022-A-07 by Craig McKay and Wendy Smith specifically to permit the construction of a boathouse with a height of 5.75 metres (18.86 feet) with a footprint of 68.9 square metres (741 .3 square feet) and a deck/concrete apron having a footprint of 72.9 square metres (784.6 square feet), on lands municipally known as 99 Eight Mile Point Road, be approved, subject to the conditions as outlined in DS2022-028. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 13 Page 12 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 2, 2022. f) DS2022-022, Michael Barton, Township Planning Consultant re: Consent Application 2022-B-02, Gordon and Ruth Mitchell, 6171 Line 2 North. Mayor H.S. Hughes called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Gordon and Ruth Mitchell. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 10, 2022; Township of Oro-Medonte, Operations Division dated February 10, 2022; Township of Oro-Medonte, Building Division dated February 14, 2022; Bell Canada dated February 16, 2022; County of Simcoe, Planning Department dated February 22, 2022. Andria Leigh, Deputy CAO/Director, Development Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Dan Brewer, on behalf of the 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 hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC220302-9 Moved by Greenlaw, Seconded by Scott It is recommended 1%6 1. That DS2022-022, Michael Barton, Township Planning Consultant re: Consent Application 2022-B-02, Gordon and Ruth Mitchell, 6171 Line 2 North be received and adopted. 2. That the Development Services Committee deny Application 2022-B-02 being a proposed consent to convey a parcel having an area of 0.4 hectares (1 acre) from the 6171 Line 2 North while retaining the existing single detached dwelling and accessory structures on retained lands of 1.14 hectares (2.81 acres), for the reasons that the application is not consistent with the Provincial Policy Statement 2020, does not conform to the Growth Plan 2020, does not conform to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, and does not satisfy Section 51(24) of the Planning Act, R.S.O. 1990, c. P.13. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 13 Page 13 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 2, 2022. g) DS2022-023, Michael Barton, Township Planning Consultant re- Consent Application 2022-B-05, Nicole Reynolds, 4075 Line 8 North. Mayor H.S. Hughes called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Nicole Reynolds. The following correspondence was received- Township of Oro-Medonte, Manager, Development Engineering dated February 10, 2022; Township of Oro-Medonte, Operations Division dated February 11, 2022; Township of Oro-Medonte, Building Division dated February 14, 2022; Bell Canada dated February 15, 2022; Nottawasaga Valley Conservation Authority dated February 15, 2022; County of Simcoe, Planning Department dated February 23, 2022. Andria Leigh, Deputy CAO/Director, Development Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Donna Reynolds, on behalf of the applicant, was present. lqmkkl ANEW Staff confirmed that no additional public registrations were received. b, Staff confirmed that no additional correspondence from the public was received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC220302-10 Gh,-A Moved by Veitch, Seconded by Hough' It is recommended 1. That DS2022-023, Michael Barton, Township Planning Consultant re: Consent Application 2022-B-05, Nicole Reynolds, 4075 Line 8 North be received and adopted. 2. That the Development Services Committee defer Application 2022-B-05 being a boundary adjustment to convey a parcel having an area of 3.1 hectares (7.7 acres) from 4075 Line 8 North, to be added to the adjacent parcel at 4065 Line 8 North, while retaining the existing single detached dwelling and accessory structure on retained lands of 0.46 hectares (1.13 acres). The purpose of this deferral would be to allow the Applicant to provide the detailed site plan of the retained lot requested by the Township Building Department that includes the building locations, well location, septic location and driveway location. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 11 of 13 Page 14 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 2, 2022. 7. Reports of Municipal Officers: a) DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment 2021- ZBA-12 (Stan & Lorene Casiez), 2937 Ridge Road West Township of Oro-Medonte [Refer to Item 5d) 03 02 2022 Council Agenda]. Motion No. DSC220302-11 Moved by Keane, Seconded by DeSousa It is recommended A4 1 . That DS2022-005, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment 2021-ZBA-12 (Stan & Lorene Casiez), 2937 Ridge Road West Township of Oro-Medonte be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-12, that would rezone a portion of the lands from the Shoreline Residential Exception 134 (SR*134) and Agricultural/Rural Exception 134 (A/RU*134) zones to the Shoreline Residential Exception 142 (SR*142) and Agricultural/Rural Exception 142 (A/RU*142) zones, be approved. 3. That Minor Variance Decision 2011-A-20 be null and void. 4. That the appropriate by-law be brought forward for Council's consideration. 5. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Adffiffilrll�, %k Carried. c) DS2022-029, Danielle Waters, Planner re: Request for Temporary Trailer at 69 Moon Point Drive by Ashley and Ryan McKnight [Refer to Item 5c) 03 02 2022 Council Agenda]. Motion No. DSC220302-12 Moved by Scott, Seconded by Greenlaw It is recommended 1. That DS2022-029, Danielle Waters, Planner re: DS2022-029, Danielle Waters, Planner re: Request for Temporary Trailer at 69 Moon Point Drive by Ashley and Ryan McKnight be received and adopted. 2. That Committee authorizes the request of Ashley and Ryan McKnight, to temporarily reside in a trailer on the property at 69 Moon Point Drive, which is to be removed after the completion of their renovation to a maximum of six (6) months from the time of issuance of the building permit. 3. That the appropriate by-law authorizing the temporary agreement be brought forward for Council's consideration. 4. That the applicant be advised of Committee's decision under the Director, Development Services' signature. Carried. Page 12 of 13 Page 15 of 375 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 2, 2022. d) DS2022-032, Andria Leigh, Deputy CAO/Director, Development Services re: City of Orillia MCR and Land Needs Assessment Update. Motion No. DSC220302-13 Moved by Hough, Seconded by Scott It is recommended 1. That DS2022-032, Andria Leigh, Deputy CAO/Director, Development Services re: City of Orillia MCR and Land Needs Assessment Update be received and adopted. 2. That the Township of Oro-Medonte support the City of Orillia's extension request. 3. That a letter of support for the City's extension to July 1 , 2024 be sent to the Minister of Municipal Affairs and Housing, under the Mayor's signature. 4. That the City of Orillia, the Township of Severn, and the County of Simcoe be advised of the Committee's decision under the Deputy CAO/Director, Development Services' signature. Carried. 8. Next Meeting Date: Wednesday, April 6, 2022. 9. Adjournment: ' a) Motion to Adjourn. Motion No. DSC220302-14 Moved by DeSousa, Seconded by Keane It is recommended that we do now adjourn at 7.34 p.m. 'Nk J Carried. An audio file is available through the Township's website. Mayor H.S Hughes, Chair Andria Leigh, Director, Development Services Page 13 of 13 Page 16 of 375 5.a) 5:30 p.m. Notice of Receipt of Complete Applications, Notice of Par... Notice of Receipt of Complete Applications �a 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 2021-SUB-02&2021-ZBA-15 (12 West South Inc) 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 8th day of March, 2022. Take notice that the Development Services Committee of the Township of Oro-Medonte will hold a livestreamed Public Meeting on April 6,2022 at 5:30 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 14 North Part Lot 5 (Medonte), municipally known as 9647 Highway 12. 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 2021-SUB-02 is to consider a proposal for a Draft Plan of Subdivision comprised of 12 single detached residential lots. Each of the proposed lots would have access to and frontage along the extension of Dylan Avenue. The purpose of Application 2021-ZBA-15 is to consider a proposal to amend Zoning By-law No. 97-95, as amended, by rezoning the subject lands from the Residential One Hold (R1(H))Zone to the Residential One Exception Hold (R1*(H))Zone and Open Space (OS)Zone. This zoning would facilitate the proposed Draft Plan of Subdivision for the 12 new residential lots to be developed with reduced lot areas and 3 of these lots to be developed with reduced lot frontages. 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 April 6, 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. Written submissions should be directed to: Township of Oro-Medonte Page 17 of 375 5.a) 5:30 p.m. Notice of Receipt of Complete Applications, Notice of Par... 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 11th day of March, 2022. Location Map of _ 9 Georgian Dr. in Wallis St. y d d c r m R Warminster Srd. in z 0 MI G r Merrington Ave. m Y. 12 —RobbinsDr. N � a >, Y � on- Ball Ct. Grace Cre_s. ® Subject Lands Page 18 of 375 5.a) 5:3 p.m. Notice of Receipt of Complete Applications, Notice of Par Applicant's Draft Plan of Subdivision 3 ' w* L�j �5 • � ` ��`°` ®� - � > . j / @ ' 2 \ S! 0 ^ B � p \ % LP \ L L o . . . © \ 3 jmf . ! ! , , CIS m\! 4 OT4 . . \ # g . — Ex CI RESIDE:kREG \ :»_ § § PL* ! _/ ewm+— § � ®��, . § . � Page19 of 375 5.a) 5.30 p.m. Notice of Receipt of Complete Applications, Notice of Par... 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The Township will livestream 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 application to amend Zoning By-law 97-95, as amended, a"Complete" Application pursuant to the Planning Acton the 15th day of March, 2022. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on April 6, 2022 at 5:45 p.m.The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 14 East Part Lot 4 51R15676-1 Part 1, municipally known as 3516 Town Line.A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to permit a Garden Suite (temporary 2nd dwelling unit)for a temporary period of twenty (20) years. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/mu nici pal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ningaoro-medonte.ca prior to or during the Public Hearing; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused,the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal (OLT)and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal,there are reasonable grounds to do so. Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca.Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planning((a).oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within Page 36 of 375 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... 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, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn:Andria Leigh, Director, Development Services planningCa)oro-medonte.ca Dated at the Township of Oro-Medonte this 15th day of March, 2022. Location Map Memingtari Ava. f I I Ili III 1 I- --� +III I — I I ED Subject Lands Page 37 of 375 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Applicant's Site Plan/Zoning Sketch Sm� N31'4L'pD�W 335.�1' / (NO FENCE) f 1 -, k 2,00• (P&SET) II i[I uer FJ-r5T".rF SdPP� �? 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S 5 3 0 x 0 0 �\ �p J a ti 1 0 Z �11 919S1 - BrSLL g �N � 91SS eX wnn 30VdTJ y�ni w'vSt�Xn � rm �w.uwiSM>Iae nN� do u _ Rg F I X33o I eg �a I (33N39 M) .fs 94C M.00.iMACN - c I a M� O � N •`-' CL a Page 42 of 375 5.b) 5.45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... C� — m ~ iv O O c6 U CL C Q � cu E N Q ca s , O }� N L 0 z Page 43 of 375 5.b) 5.45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... f m N I N N O N O E cu CL 4-0 CL 1 e, g ggq b p 0) Cn cu J I M� W O N Page 44 of 375 5.b) 5.45 p.m. Notice of Receipt of a Complete Application, Notice of PaAli, ... w m 4 s 0) O w O C6 U CL C Q � Cu E N E Q 0) Cu — J • � �3 z . N = 0) w Page 45 of 375 5.b) 5.45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... w \\ Y :5 W 07" m W N N N O N O C6 e (C O CCu CUs y' 70 O Q 0 E Q Cu i m O N Page 46 of 375 5.b) 5.45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... JA M }' o a) N to w N MI Q o m o t N ° ° Q ° _O y � c6 c m � U ° N i m 70 M Q ° 1 to Q to i N E L N i � Nod o OM L I--- I--- � N N 0 —a L 0 0- ° ° � _° J 0 cn M 70 70 o 4-0 � ° cu M _0 > U) O U CO M ° N CO ._ O Q M = -0 U Q LO ° N 4-0 CO4-0a) N to 0 N E � N Lf L N f6 MO L4-0 E ^� N L C6 U N U M U _ N 4-0 Q N C � � L C13 4-0 L (M 4-0 0 't _0N O _0 O U) .° .� N C N N L A N N CU a o � c � ° o 0 M M o U IGO o > a) - � M Z CO -0 o .� of o � x MU) 01-0 N N � O ° U N E U 4-0 4-aC6 C6 C6 0 i N M M Q U) Q� to N M Page 47 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... Township of Report 0 Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-048 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # April 6, 2022 Minor Variance Application 2022-A-09 Roll #: Yuling Meng R.M.S. File #: 4346-010-010-04800 1021 Lakeshore Road East D13 60427 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-048 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. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Existing Conditions The subject property is located at 1021 Lakeshore Road East, as illustrated on Schedule 1. An aerial view of the property and its limits is provided in Schedule 2. The property is currently occupied by a 2-storey single detached dwelling (floor area of approximately 317 m2 (3,412 ft2)) with an attached 3-car garage, a detached structure composed of a boat house with living area above (86.33 m2 (930 ft2)), and a boathouse on the southeast corner of the property (18.8 m2 (202 ft2)). It appears that the existing boathouse on the southwest corner of the subject property is used for habitation purposes. The subject property has a total area of approximately 0.24 hectares with 30.66 metres of frontage on Lakeshore Road East, and is accessed by a circular driveway. Development Services April 6, 2022 Report No. DS2022-048 Page 1 of 18 Page 48 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... Schedule 3 includes site photographs illustrating the existing site conditions and uses, including the driveway and existing structures. The following relevant concerns have been raised by members of the public: • The existing structure on the property identified as a "cottage" is a boathouse with human habitation accommodation above; and • The cottage and existing boathouse that is the subject of this application are not used as accessory structures for the primary dwelling but rather for business purposes, more specifically rental to parties other than the Owner. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Rural • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Shoreline Residential (SR) Zone 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The Applicant is proposing to renovate/reconstruct the existing boathouse on the southeast corner of the subject property to improve its function and appearance. This boathouse is currently situated 0.33 metres from the easterly side lot line. The Applicant is proposing to maintain this existing side yard setback in renovating/reconstructing the existing boathouse. No other minor variances have been requested. The drawing package submitted by the Applicant includes elevations and floor plans that illustrate the existing and proposed boathouse. These drawings are included in Schedule 5. The following minor variance to Zoning By-Law 97-95 has been requested by the Applicant: 1 . To permit a Minimum Interior Side Yard for a Boathouse of 0.33 metres while 2 metres is required. 4. Zoning Review Table 1 includes a review of the applicable zoning standards and confirms the minor variances required. Development Services April 6, 2022 Report No. DS2022-048 Page 2 of 18 Page 49 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings, Where this By-law provides that land may • The proposed boathouse will have a Structures and Uses[By- be used or a building or structure may be smaller footprint and gross floor law 2017-0121 erected or used for a purpose,that purpose area than the existing single may include any detached accessory detached dwelling on the property. buildings,accessory structures or accessory . The proposed detached garage will uses located on the same lot as the primary be similar in height and built form to use to which they are related.For the the existing boathouse and will purposes of this by-law a retaining wall with maintain the existing easterly side a height of 1.0 metre(3.2 feet)or more is yard setback. considered an accessory structure and is . It is not clear that the existing and subject to the provisions of Section 5.1. proposed boathouse will be incidental or subordinate to the main use of the property for a single detached dwelling. 5.1.1 Uses Permitted in No detached accessory building or accessory . It is not clear that the boathouse Detached Accessory structure shall be used for human habitation that is the subject of this application Buildings and Structures or an occupation for gain,unless specifically is used as a structure accessory to [By-law 2015-1921 permitted by this By-law.A detached the primary dwelling as opposed to accessory building or structure is permitted an occupation for gain. to contain sanitary facilities, including sink . There is an existing structure on the and/or toilet,outside an area susceptible to property that appears to function as flooding however kitchen facilities including a boathouse with human habitation. food preparation facilities or facilities for the It is also not clear is this structure is installation of kitchen equipment are "accessory"to the primary dwelling. prohibited 5.6 Boathouses[By-law Boathouses are permitted on a lot provided: 0.33 m proposed(variance required) 2015-192,2017-0121 a)They are set back a minimum of 2.0 metres(6.5 feet)from the interior side lot line or the projection of the interior side lot line where it meets the average high water mark. d)They are not to be used for human habitation and no kitchen or sanitary facilities are permitted to be installed. Notwithstanding these provisions the installation of a sink may be permitted in accordance with the appropriate permit being obtained from the relevant Conservation Authority provided the sink will not be connected to the municipal or private water supply or sewage disposal system. 5.8 Dwelling Units Unless otherwise specified by this By-law,no It is not clear if there is an existing dwelling more than one dwelling unit is permitted on unit in the identified "cottage"and whether a lot. this use is permitted under the current zoning regulations on the subject property. 5.24 Prohibited Uses[By- The following uses are prohibited in any It is not clear if the existing detached law 2015-1921 Zone: accessory structure identified as a cottage is being used for human habitation,which is Development Services April 6, 2022 Report No. DS2022-048 Page 3 of 18 Page 50 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... c)The use of any accessory building or prohibited under this section of the Zoning By- structure or boathouse for human Law without receiving relief. habitation. 6.0 Definitions Boathouse: Means an accessory building This section confirms that a boathouse is used for the storage of private boats and considered an accessory building for the accessory equipment. purposes of the Zoning By-Law,and that a boathouse is permitted for storage of private boats and accessory equipment. Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. 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; Development Services April 6, 2022 Report No. DS2022-048 Page 4 of 18 Page 51 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... h)promoting development and land use patterns that conserve biodiversity; i)preparing for the regional and local impacts of a changing climate. I have reviewed the development proposal and requested minor variance and I am not satisfied that the application is consistent with the applicable policies of PPS 2020. While the requested minor variance relates to a proposal to renovate/reconstruct an existing boathouse already located within 0.33 metres of the easterly side lot line, I am not satisfied that the boathouse qualifies as an "accessory" structure as set out in the Zoning By-Law and also complies with the regulations that apply to boathouses. It would be appropriate to confirm that the boathouse will be for use in conjunction with the primary dwelling and not used for business purposes, including renting the boathouse to external parties. There is also a second detached structure on the subject property identified as a "cottage" that may in fact be a boathouse that is not accessory to the primary dwelling and may be used for human habitation and business purposes. If these existing structures are being used for purposes beyond the definitions, policies and regulations for boathouses and accessory structures, there is potential for serious disruption to land use and built form character of the community that also does not comply with the applicable Official Plan and Zoning By-Law policies and regulations. 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. Development Services April 6, 2022 Report No. DS2022-048 Page 5 of 18 Page 52 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... More details on the existing and proposed uses on the subject property are required to confirm that the development proposal and requested minor variance conform to the applicable Growth Plan policies. Use of the subject property for multiple dwelling units and/or for purposes that do not satisfy policies and requirements for accessory structures and boathouses would be inappropriate for the low density residential community in which the property is situated. The subject property is intended for residential and accessory uses and the development proposal must clearly confirm this to be the case. 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 it is premature to evaluate the proposal and requested minor variance within the context of the general purpose and intent of the County of Simcoe Official Plan. I have concerns that the use of the existing boathouse, as well as the detached structure identified as a cottage, may not comply with requirements for "accessory" structures and boathouses under the prevailing zoning regulations. Regardless of whether the requested east side yard setback of 0.33 metres to the renovated/reconstructed boathouse is appropriate, this structure must be determined to be a permitted use under the Official Plans of the County and Township that also complies with the regulations of the Zoning By-Law, specifically those relating to accessory structures/uses and boathouses. Once the structure that is the subject of this minor variance has been deemed to comply with these regulations, an evaluation of the requested minor variance to the interior side yard setback can be properly evaluated. 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 Development Services April 6, 2022 Report No. DS2022-048 Page 6 of 18 Page 53 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. 3.7 Rural Objectives 3.7.1 To recognize,preserve and protect the rural character and promote long-term diversity and viability of rural economic activities. 3.7.2 To encourage maintenance,protection,and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas. Policies 3.7.3 Lands in the Rural designation shall be the focus of rural and agricultural land uses. 3.7.4 The following are permitted in the Rural designation: a)those land uses permitted in the Agricultural designation; b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. 4. Township of Oro-Medonte Official Plan The 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 are consistent with the following key elements of the Official Plan: • The development proposal and requested minor variances will have no impacts on natural heritage features on the subject property and the surrounding areas, • No new services or infrastructure are proposed to support the accessory structure; Development Services April 6, 2022 Report No. DS2022-048 Page 7 of 18 Page 54 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... • There are no wetlands or Provincially Significant Areas of Natural and Scientific Interest located on or adjacent to the subject property; • The proposed structure maintains the built form and land use character of the subject property as a single detached dwelling, which is consistent and compatible with the surrounding community; and • The subject property is located within the "Shoreline" area and the development proposal will make enhance the use of these lands in a manner that is compatible with the community and respects and preserves the context and single detached character of the property relative to surrounding land uses. Although the requested minimum interior side yard setback is consistent with the existing conditions on the subject property and the relationship of the boathouse to the surrounding land uses, it does not appear that the existing structure obtained a building permit. There is also a fundamental concept that the boathouse must satisfy the requirements for accessory structures and boathouses, including those that relate to human habitation, business gain and uses being subordinate to the primary dwelling. In order to properly consider whether the requested minor variance maintains the general purpose and intent of the Official Plan, it must first be confirmed that the boathouse is a permitted use on the subject property that complies with the applicable prevailing zoning regulations. This evaluation is critical to determining if the proposed structure is permitted under the Official Plan policies of Section C5 for the "Shoreline" designation. 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. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. SECTION C5—SHORELINE C5.1 OBJECTIVES Development Services April 6, 2022 Report No. DS2022-048 Page 8 of 18 Page 55 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... •To maintain the existing character of this predominantly residential area. •To protect the natural features of the shoreline area and the immediate shoreline. •To ensure that existing development is appropriately serviced with water and sewer services. C5.2 PERMITTED USES Permitted uses on lands designated Shoreline on the schedules to this Plan are single detached dwellings,existing marinas,small scale commercial uses such as convenience stores,public parks,bed and breakfast establishments subject to Section C1.3.10 and home occupations. 5. Township of Oro-Medonte Zoning By-Law 97-95 This application is based on the proposed boathouse complying with the applicable regulations for accessory structures and boathouses, including that no detached accessory building or structure shall be used for human habitation or an occupation for gain and that the accessory building or structure be accessory to the primary use of the subject property for a single detached dwelling. It is my opinion it is premature to evaluate whether 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? No. For the reasons set out in this report, it is my opinion that the requested minor variance cannot be deemed to maintain the general purpose and intent of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? Development Services April 6, 2022 Report No. DS2022-048 Page 9 of 18 Page 56 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... No. For the reasons set out in this report, it is my opinion that the requested minor variance cannot be deemed to maintain the general purpose and intent of the Zoning By-Law. Are the variances desirable for the appropriate development of the lot? No. Until such time as the proposed boathouse is confirmed to be a permitted accessory structure on the property under the Official Plan and Zoning By-Law policies and regulations, the requested minor variance cannot be properly evaluated. Are the variances minor? No. Until such time as the proposed boathouse is confirmed to be a permitted accessory structure on the property under the Official Plan and Zoning By-Law policies and regulations, the requested minor variance cannot be properly evaluated. 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: 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 April 6, 2022 Report No. DS2022-048 Page 10 of 18 Page 57 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — No comments on the application. • Township Development Engineering — No objection to the application. • Township Building Division — No comment at this time. The applicant should be aware of the Building Code requirements for construction of exposed building face and exposed openings. • Lake Simcoe Region Conservation Authority — LSRCA has no objection to the proposed minor variance subject to the following conditions: o That the LSRCA review fee ($525.00) for the Minor Variance application be paid; and o That an LSRCA permit be obtained under the Conservation Authorities Act and Ontario Regulation 179/06. • Ray Lalande (community member) - Staff and the Development Services Committee should be aware that the structure identified as a cottage on the proposed site plan is an existing boathouse with living area above the boat storage area. • Bernie Schaefers (community member) - Objection to the application on the grounds that the boathouse in question is a second boathouse on the subject property, with the identified cottage representing an existing boathouse with living quarters above the boat storage area. The existing cottage is being used for business purposes as opposed to a boathouse accessory to the primary dwelling and the requested minor variance relates to an additional boathouse on the property that will be used for habitation and business purposes. Barbara Foster (1019 Lakeshore Road East) - Object to application on the grounds that the proposal involves construction of new structure as opposed to renovation or replacement, and the boathouse has already been constructed without receiving proper zoning approval or building permit. There are also concerns about how the existing cottage and boathouse structures are being used relative to the requirements for accessory structures. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Development Services April 6, 2022 Report No. DS2022-048 Page 11 of 18 Page 58 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... Conclusion: Based on the outstanding questions and concerns with respect to whether the existing boathouse was lawfully constructed, and whether the property is being used for commercial purposes, I recommend that Minor Variance Application 2022-A-09 be deferred until such time as the Applicant has provided sufficient information 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. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services April 3, 2022 Development Services April 6, 2022 Report No. DS2022-048 Page 12 of 18 Page 59 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... aseyRd.-,- 0o a i•Rd. 691 Nursesh;e.Va!I IY R ------ ----- ---- -- - --�_----- -----------— Poplar Cres. _ / 43 45 49 53 57 61 63 69 71 73 81 87 91 '�'Rid9e aa,a 41 35 00031 1016 1018 1020 1022 1024 1028 1030 1032 1034 1014 1036 1038 1012 1010 1008 Lakeshore Rd.E. 1015 1017 1019 1021 1023 1025 1027 27 1031 1035 1013 1029 1011 1009 1007 Lake Simcoe Schedule 1 Location ® Subject Lands (fit `'' We onte Prniaf Heritage,Exciting Future i 0 100 m File Number:2022-A-09 Development Services April 6, 2022 Report No. DS2022-048 Page 13 of 18 Page 60 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... FT, R f_JJ Y -Moo I R. Lakeshore Rd.E. 4 Rift ,l w Schedule 2 _ Aerial Photo Township of Subject Lands Proud Heritage,Exciting Future 0 25 m File Number:2022-A-09 ti I I i 1 r Development Services April 6, 2022 Report No. DS2022-048 Page 14 of 18 Page 61 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... Schedule 3: Site Photos ;Y y Existing Dwelling(from Lakeshore Road East) Location of Existing Boat House ti9VNIM111 P 93W 71fD14 „ 'Mull Irplu�iil'Eim l ll It 7-1 v Existing Boathouse on Subject Property Existing Boathouse Relative to Property Line Development Services April 6, 2022 Report No. DS2022-048 Page 15 of 18 Page 62 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... 1 r � Existing Boathouse Relative to Existing Dwelling ' Existing Cottage on Subject Property(Boathouse with Living Area Above) Development Services April 6, 2022 Report No. DS2022-048 Page 16 of 18 Page 63 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... Schedule 4: Site Plan LAKESHORE ROAD E gPROPERTY LINE 100''-7' (30.66m) \ 1 I m \ 1 1 0 1 ----- m 0 o �r E537 r Z m m v m a' o Q n:' m N N 3 3 � 4 `9 PROPE TY INE 100'-7' (30.66 F` S� �O F Development Services April 6, 2022 Report No. DS2022-048 Page 17 of 18 Page 64 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... Schedule 5: Building Drawings EfOS1NG uoDF ro a Rpg1ED NEW WGOD WARORAL AUNNO,n GUArmPAL 3'-6'H['IGilT T ROPE s _ AlU�C75 GVUL EXISTING ROOF ?LAN PROPOSED ROOF PLAN SCALE: 1/4'= 1'-O' SCALE: 1/4-- V-G- PROM MANAGE EATER EIOSTBIG 6Yb'WOOD EX577NG9'X� 4' M 111 1RAIlACE SYSTEM LM RETA*1W VALL DEPTH SOW"F ( NEW B'1(1'-Y DE�THE pTu G 87X4, E To REMD�E FDOTNIG(TTP) Ir)f %SIMEw coon¢[ DEPTH OT BGAT F1GL11 B' TRACK S'S B 11 BOAT IglfiE m TRACK SYS 4'CONR2E TE SLAB 4"COl102E IE 3A6 ESTSTr4G BEAU(TYP) 20d' BEM a WALLODWCR ( BLOCK WALL TYP) zra EXISTING FLQQR PI AN SCALE: T/4- z 1'-0' PE?OPOSFD FLOOR PLAN SCALE: 1/4' 1'-0' ALUI�MNOUS GUARDRAIL u_z s'-6' ME10rlr s d TOP Of GUARDRAIL EL:3.30m 3 STEPS WOOD STAR 9 / TOP OF ROOF EL-2.31m 2-2L5 [BEAU (T1P) 4-0'K6'-0' OPEMINO GRADE C-O.00m SECTION 6 SCALE: 1/4' = 1'-0- Development Services April 6, 2022 Report No. DS2022-048 Page 18 of 18 Page 65 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... a o O N 0 0 � W O T N 0 W � 44 U E L N O N G J O CL V O O 1 0 0 N Q O 0 N o o O g 0 C6 U CL ry Q _0 C/) N � ca U � � � o C� O _ cU L— J O ._ O O C a O }' ■� L -jw N Page 66 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... a) O w O l0 � o x (6 U) O A C � M � a) O � O � O U C Tn N Q -�O n O \ cn � o N O 70 o > CU >' a O ° cn L U O a) Ino CO L � •� U o a- o QL � a U) L- •0 0) c6 U QLv) -C rn u) cn •X ~ � o • L ca C6 U -,-' E O � 5 � �' N a) a) j •— cn O Cn cU ca N M E • • -0 a) T N y 0 a) O L6 E 0 }' O o E_ � U) � �_ L a a) 0- a) -0 T U) Page 67 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... AAA C� G O N n . N ,A O A 4 U •CLCL i Q U " C� C6 O •- o � o a L Q Page 68 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... w Joe Y W � 4 y� I �;� - �► "..,,fir •� a N - N o CL N ` C6 U Q ar N W�^ h 7Opp ,V O 0 75 Page 69 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... AAA C� G O Q � N N O N PROPERTY UNE 260'(79.25m) W O w LO L'J CD U CL • ,AA�� 0. LL yr' CL PROPERTY UNE 260'(79,25.) �R[�lhN U C� C6 � O °r 7 y ca v CL CL Q Page 70 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... LLJ qi o i h y b h \ � O� q 4 I N N O N � f O hd Uy CIE IL Li d� EP I' Eta r U C � �. etn LE x`� Q Page 71 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... w Y W W �� w n� 5W V O N �r N 71i O i Cry �k 4 _0 4-0 N { irks QL �k W�' U � � G� � �'�y,�i'��a• �V J s ; F Z O Page 72 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... O �4 — Z3 CU O o O O Q CU U N ° CL N J O N O C6 L O W � J CO� O VJ L CO 0) 0 CU 75 0) Lij Page 73 of 375 N Ile gi POi ri t , _ I1 � 1 �e I ' A K' • � q a � t y f=f t�E. � � ••4 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... z Q ° o _0 �1 OL A U O (D 0) O (D 4-0 (6 ` 4_0 CD (6 ILLI �s U a� w cU G to LU Page 75 of 375 6.a) 5.55 p.m. DS2022-48, Michael Barton, Township Planning Consultant r... C) V/ U T 02 cn c)) F= � 70 0 " ° .0 70 pin — Q L 70 O_ VJ N O Q C cn U O ON L � � 0 O L ° � N cn 0) N 0 (1) E N Q= M (a o O +- 70 - U N () F c' O O COU > L O CU (L) (U - L _ L ° (n }+ N O N N O +• N N U o � M � o 0- 70 o O ^, C � ° U) U QL a) N ° 0 (a N Q �p N > E O 5 0 Q W U Q U O U (1) o (a � � vi 70(� -0 N O � Zn N 70 00 U � � U N � N (n .O 0-- p +• to N N 0= y- N c .� to (a 0= N N ° to L 0 O Q Q N ° C Q Q N }' L _ O ° E Q� Q ._ z > L O o N to N cn � Q �+N O C CO L N U N Zn Q N (a L L Q O N U 70 O O N H H to Q CO Q H V a) cn N cri Page 76 of 375 6.b) 6.05 p.m. DS2022-039, Danielle Waters, Planner re: Minor Variance A... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-039 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # April 6, 2022 Minor Variance Application 2022-A-10 Roll #: Kaari and Edmund Piotrowski R.M.S. File #: 4346-010-007-32100 719 Line 2 South D13 60449 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-039 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 Report DS2022-039. 3. The conditions are as follows: a) That notwithstanding Section 5.27 and Table A5 (2), the agricultural building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed agricultural 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 appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 65.5 hectares (161 .8 acres) and is currently used as an agricultural lot, as shown on Schedules 1 and 2. The property currently supports several agricultural buildings and a single detached dwelling. The applicants are proposing to construct a new agricultural building. The applicants are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Development Services April 6, 2022 Report No. DS2022-039 Pagel of 9 Page 77 of 375 6.b) 6.05 p.m. DS2022-039, Danielle Waters, Planner re: Minor Variance A... Section 5.27 Setbacks from Limits of Environmental Protection Zone Required: Proposed: Notwithstanding any other provision in 0 metres (0 feet) for the proposed building this By-law, no building or structure... only shall be located within 30 metres (98.4 feet) of the boundaries of the Environmental Protection Zone. Table A5 2 — Permitted uses, Environmental Protection Required: Proposed: No buildings or structures, except those 125.4 square metres (1 ,350.0 square required for flood or erosion control are feet) agricultural building within the permitted environmental protection zone The applicant's site plan and elevation drawings are included as Schedules 3 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 —Water and Section 3.1 — Natural Hazards are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to a watercourse. Section 2.2 — Water aims to "protect, improve or restore the quality and quantity of water". Section 3.1 Natural Hazards is to ensure safety of people and structures. NVCA notes that there are erosion hazards (slope & meander), flood hazards and wetland features on the property. However, the proposed agricultural building is located in an area of the property that is regulated for wetland interference buffer and approximately 70 metres away from the unevaluated wetland feature located across the road, and thus, the NVCA has no objections conditional that the applicants obtain a permit from the NVCA. Development Services April 6, 2022 Report No. DS2022-039 Page 2 of 9 Page 78 of 375 6.b) 6.05 p.m. DS2022-039, Danielle Waters, Planner re: Minor Variance A... Planning Staff are satisfied that a permit from NVCA will provide the conditions required to protect the environmental features 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. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposal is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is an existing agricultural lot. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their Official Plans. However, this policy is relevant due to the proximity of the lands to a watercourse. A portion of the subject lands are located within the Greenlands designations of the County's Official Plan, and Environmental Protection One in the Township's Official Plan; however, the proposed structure is not located within these designations. The proposed agricultural building is located in an area of the property that is regulated for wetland interference buffer and approximately 70 metres away from the unevaluated wetland feature located across the road, and thus, the NVCA has no objections conditional that the applicants obtain a permit from the NVCA. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 based on supportive comments from NVCA. County Official Plan The property is designated Greenlands and Agricultural in the County of Simcoe's Official Plan. The proposed agricultural building is 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). 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). The proposed agricultural building is to be constructed within the disturbed part of the property, not within the agricultural fields. In Planning Staff's opinion, the applicant's minor variance application conforms to the County's Official Plan. Development Services April 6, 2022 Report No. DS2022-039 Page 3 of 9 Page 79 of 375 6.b) 6.05 p.m. DS2022-039, Danielle Waters, Planner re: Minor Variance A... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Agricultural and Environmental Protection One in the Township's Official Plan. The proposed agricultural building is to be located in the Agricultural designation; pursuant to the policies of the Plan, permitted uses within the Agricultural designation are agricultural buildings. Therefore, based on the above, the requested variances pertaining to the construction of an agricultural building is considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. Agricultural buildings are permitted in the A/RU Zone. The applicants are proposing to construct an agricultural building in the EP Zone. The primary purpose of the setback from a watercourse and the Environmental Protection Zone is to protect natural heritage features, people, property and structures from natural hazards such as flooding and erosion. Planning Staff have received supportive comments from NVCA. Staff are satisfied that a permit from NVCA will have conditions to protect the environmental features on the property. The proposed building will also not be encroaching any closer to the watercourse than any of the existing buildings. For the reasons outlined above, Planning Staff is of the opinion that the requested variances meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this rural area. Upon site visit, Staff has identified that the Development Services April 6, 2022 Report No. DS2022-039 Page 4 of 9 Page 80 of 375 6.b) 6.05 p.m. DS2022-039, Danielle Waters, Planner re: Minor Variance A... proposed agricultural building will be within the existing cluster of buildings on the property. Planning Staff believe that the proposed application is appropriate development for this lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed structure will only enhance the agricultural use of the property. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend 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 Development Engineering — No objection • Township Infrastructure and Capital Projects — No comments • Township Building Division — no comments • Nottawasaga Valley Conservation Authority— no objections, permit required Development Services April 6, 2022 Report No. DS2022-039 Page 5 of 9 Page 81 of 375 6.b) 6.05 p.m. DS2022-039, Danielle Waters, Planner re: Minor Variance A... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Applicants Proposed Site Plan Conclusion: Planning Staff recommends that Minor Variance application 2022-A-10 be approved, which would permit an agricultural building in the Environmental Protection Zone and a reduction of the Environmental Protection zone boundary to 0 metres. The application conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager Planning Services March 31 , 2022 Development Services April 6, 2022 Report No. DS2022-039 Page 6 of 9 Page 82 of 375 6.b) 6.05 p.m. DS2022-039, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map _V7,'d— �I -Moan�oneRd.. //402 372 nosesuse•v�n�yxd. i 425 a�s..K.ea. 405 j L V 475 44 ftnaE. - 10 475 610 V1 i �C+I N C iJ 7.19 759 775 776 817 918 r2321 �18 16 14 12 10 8 G 4 2 Red-Oak Cres.-. 1 863 19 17 15 11 9 7 5 3 881 4 6 8 10 12 14 1 4 5 892 Schedule 1 Location 0 Township of -�4 ® Subject Lands Proud Heritage,Exciting Future 0 400 m File Number.2022-A-10 N 1 1 1 1 1 Development Services April 6, 2022 Report No. DS2022-039 Page 7 of 9 Page 83 of 375 6.b) 6.05 p.m. DS2022-039, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Me toneRe.IT I� n Ru esh VaIkYIRd. ,Q S N N d C J Schedule 2 Aerial Photo "diftAll Subject Lands Proud Heritage,5xcitiug Future 0 300 m File Number.2022-A-10 N 1 1 1 1 Development Services April 6, 2022 Report No. DS2022-039 Page 8 of 9 Page 84 of 375 6.b) 6-05 p.m. DS2022-039, Danielle Waters, Planner re- Minor Variance A Schedule 3: Applicants Proposed Site Plan Lcbp L�i,6fi IA� Li A. -%� 2- x CY6, G �-eti, Ifi 4 oil Schedule 3 Applicant's Site Plan File Number 2022-A-10 Proud Heritage,FvrithiR Future Development Services April 6, 2022 Report No. DS2022-039 Page 9 of 9 Page 85 of 375 6.b) 6.05 p.m. DS2022-039, Danielle Waters, Planner re: Minor Variance A... w O Mi .� 4 /// � A O T O F O W N •g z�aui� N N ;nine ro N N NU v O� N N N O Cu U 06 C CL o Q Q W 06 U o Cu C COo D O }, Cu CN +i U +i Cu O O to > Cu Cu Q � O 0) N _ . . Q O — a)o . . 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W 3 IV, V,i � 1! �a O 1, d F I I N N O N CL O Cu CU CZ CZ Q N C) _- Cu Cu O 0 4-0 Page 91 of 375 6.b) 6.05 p.m. DS2022-039, Danielle Waters, Planner re: Minor Variance A... 1Y h L.. .� 0 Cu y N N O N II, 1 11111IIII�II��I� 4`" � �I�I�I�I�I�I�I�I�I�III�III r' 1111111111 1 a n U 4� �'�I11111�1111111�111111 II I �/r r n, Ca U _0 � Cu O -0 Q- O D Cu QL > �. Q O O C: O 7Cu U t O F� Page 92 of 375 6.b) 6.05 p.m. DS2022-039, Danielle Waters, Planner re: Minor Variance A... C I4) o 0 a) > o � Q L a) a) � w WE O o c� L o ZC .0 ^ 4-- 0 L.L 0)-0 � o c: (D ~ E" Cn - ' .5 O ° N _0 m Q a) � o -0 O _ �. CA U _ a) L -E- -0 O O O Q >' O 0 0 O U 1 to OU (6 O / U >' U) Q !n E N O � > O a) N o � E E L � Q000 -0 : �- O N ° � ° mac, ° O _ O E aj >, > (n U _0N CO N O (6 Cn CuO O (6 L to U O N Q C) EO .^� 0 (6 (DN � � U E 11 70 >Sa � � � � ZL O � � �� L > CL (Ua) (1) 0 O � � (6 COL � U a) � G`� a) a) r` 0)= E (U c� a) n, O a) N O O LO O U O VL O a 4—� . . U NO 0 O L ON U. o Q O a) 0 dC\A '" a) O O 0 _0C a) O O Z. � E _ ((aU6) Q 0W �. _ O U) n 0 (1) ,— °�� a)(U 0 ° LAN -0(u 0 U 0) O , ( O OU) (U � 0� LN Qa)N Cu � . Cn ONQ O OC � a) LQO QEU 0)� (D 0- 0 Z. O (NQ (6 ,LT -0 O 6 ) Ci Q O Z (U U U O (6 N 00- L G E (D °U �• �. U v (6 to H Q cn C� a) L N ('7 Page 93 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... Township of Report t.f Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-049 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # April 6, 2022 Minor Variance Application 2022-A-11 Roll #: Krista Bradley & Ted Landray R.M.S. File #: 4346-010-007-27800 72 William Street D13 60450 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-049 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 Report DS2022-049. 3. The conditions are as follows: a. That notwithstanding Section 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d. That the Owner verify the location of the existing on-site septic infrastructure relative to the proposed detached structure or a new on-site sewage system be installed to accommodate the proposed structure and uses, to the satisfaction of the Township Building Division; 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. Background: Development Services April 6, 2022 Report No. DS2022-049 Pagel of 20 Page 94 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... 1 . Site Location and Existing Conditions The subject property is located at 72 William Street, as illustrated on Schedule 1. An aerial view of the property and its limits is provided in Schedule 2. The property backs directly onto the Lake Country Oro-Medonte Rail Trail. The property is currentlyoccupied by a single detached dwelling with attached garage and a detached accessory structure (shed) in the rear yard. The property is accessed from William Street by a driveway located at the eastern side of the property that partially aligns with the existing garage and also extends along the east side of the dwelling and into the rear yard. The subject property has an area of approximately 1 ,432 m2 (15,400 ft2) and 24.4 metres (80 feet) of frontage on William Street. Schedule 3 includes site photographs illustrating the existing site conditions and uses, including the driveway and accessory 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 • Zoning By-Law: Residential One Zone (R1) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing to demolish the existing detached structure (shed) in the rear yard and construct a new 2- storey detached accessory building in the rear yard of the existing detached dwelling, 2 metres (6.5 feet) from the easterly property line. The existing attached garage and driveway will be maintained in their current locations and configurations, with the driveway providing access to the proposed detached structure. The Township Building Division has identified the potential for the proposed structure to be located within the envelope of the existing private septic infrastructure on the subject property. As part of the development proposal, it is recommended that the location of the septic infrastructure relative to the proposed detached structure be verified or a new on-site sewage system be installed to accommodate the proposed structure and uses. Based on the information provided in the application, the ground floor will be used for parking two vehicles while the second floor will include a washroom and be used for a music and art studio. The structure will have a gross floor area of 111.48 m2 (1 ,200 ft2) and height of 4.5 metres (14.7 feet) as measured under the Zoning By-Law. The drawing package submitted by the Applicant includes conceptual elevations that show windows on the front (south), east and west sides of the building, but not on the rear. Development Services April 6, 2022 Report No. DS2022-049 Page 2 of 20 Page 95 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... There are doors on the front and east sides of the building. 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 maximum floor area of a detached accessory building or structure, excluding boathouses, to exceed 70 m2 (111.48 m2 proposed). The effect of this minor variance will be to allow for construction of a detached accessory structure in the rear yard that exceeds the maximum gross floor area permitted under the Zoning By-Law but complies with the balance of the applicable regulations, including required setbacks, lot coverage and building height. 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 detached garage will uses located on the same lot as the primary be similar in height and built form to use to which they are related.For the the existing dwelling and includes purposes of this by-law a retaining wall with windows on the front and sides. a height of 1.0 metre(3.2 feet)or more is • The proposed garage will be considered an accessory structure and is incidental or subordinate to the subject to the provisions of Section 5.1. main use of the property for a single detached dwelling. 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 ground Buildings and Structures or an occupation for gain,unless specifically floor for vehicular parking and the [By-law 2015-1921 permitted by this By-law.A detached second floor as a studio. accessory building or structure is permitted . While the plans include a washroom to contain sanitary facilities,including sink on the second floor,no space is and/or toilet,outside an area susceptible to identified for human habitation or flooding however kitchen facilities including occupation. food preparation facilities or facilities for the installation of kitchen equipment are prohibited 5.1.3 Permitted locations Unless otherwise specified in this By-law, . The proposed detached garage will for detached accessory detached accessory buildings and structures, be located in the rear yard and buildings and structures in except boathouses,shall: exceed the minimum rear yard setback. Development Services April 6, 2022 Report No. DS2022-049 Page 3 of 20 Page 96 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... all zones[By-law 2004- a)Not be located in the front yard. • The proposed garage will be located 063,2015-192,2017-0121 Notwithstanding this provision,a detached greater than 1 metre from the private garage is permitted in the front yard existing single detached dwelling of a lot that abuts Lake Simcoe or Bass Lake and detached structure on the provided it is set back a minimum distance subject property. equal to the required front yard for the main • The proposed garage will be located building from the front lot line. 2 metres from the east property, Notwithstanding this provision,a detached which satisfies the minimum zoning accessory building is permitted in the front requirement. yard in the Agricultural/Rural(A/RU)Zone provided it is not located in the required front yard.Notwithstanding this provision,a retaining wall with a height of 1.0 metres or more is permitted in the front yard in all Residential zones provided it is not within the required front yard. b) Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d) Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line.Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. e) Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres (49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached 4.5 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 3.9%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 111.48 m2(variance required) [By-law 2003-081,2017- detached accessory building or structure, 0121 excluding boathouses,is 70 square metres (753.5 square feet).However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) Development Services April 6, 2022 Report No. DS2022-049 Page 4 of 20 Page 97 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 2 are applicable to this application. Table 2 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the longterm; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; 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; Development Services April 6, 2022 Report No. DS2022-049 Page 5 of 20 Page 98 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... 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. I have reviewed the development proposal and requested minor variance and I am satisfied that the application is generally consistent and does not conflict with the applicable policies of PPS 2020. The proposal and requested minor variance will maintain the existing low density residential character of the subject property and surrounding community while allowing for enhanced and efficient use of the subject property as a single detached dwelling. The requested minor variance for gross floor area of the detached structure will not result in height, massing or location that would adversely impact adjacent properties or public health and safety. There will also be no adverse impacts to any natural heritage features on or in close proximity to the subject property. The proposed detached structure will also result in built form that is consistent and compatible with the residential character of the surrounding community. The location of the proposed detached structure allows for continued use of the existing driveway for access and is situated in a location that meets or exceed the applicable setbacks. The proposed floor area partially replaces the existing detached shed and will be accessory to the existing single detached dwelling. The proposed height and massing of the detached garage will be consistent and complementary to the existing dwelling on the subject property while also being secondary and accessory in scale to the dwelling. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1 .2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. Development Services April 6, 2022 Report No. DS2022-049 Page 6 of 20 Page 99 of 375 6.c) 6.15 p.m. DS2022-049, 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; It is my opinion that the development proposal generally conforms to the applicable Growth Plan policies on the basis that the proposal represents enhanced and more efficient of an existing low density residential use and does not include any extensions or upgrades are required to existing services or infrastructure to support the proposed detached structure. The proposal is consistent with the existing low density residential Development Services April 6, 2022 Report No. DS2022-049 Page 7 of 20 Page 100 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... character of the surrounding community and there will be no adverse impacts on agricultural lands, natural heritage, hydrologic and landform systems, features and functions. 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 maintains the general purpose and intent of the County of Simcoe Official Plan. The use, size and scale of the proposed detached structure will be "accessory" in nature relative to the existing single detached dwelling and will be in a location that is appropriate for access from the driveway and dwelling, as well as to mitigate any impacts to surrounding properties. The detached structure also provides appropriate rear and side yard setbacks and complies with the maximum permitted height. 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; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy The planning strategy of this Plan is based on four themes: Development Services April 6, 2022 Report No. DS2022-049 Page 8 of 20 Page 101 of 375 6.c) 6.15 p.m. DS2022-049, 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. 3.5 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. Policies 3.5.7 Settlement areas shall be the focus of population and employment growth and their vitality and regeneration shall be promoted.Lands may only be redesignated from lands not for urban uses to lands for urban uses in accordance with Sections 3.5.8 or 3.5.10 of this Plan.Residential, commercial,industrial,institutional,and recreational land uses shall be developed within settlement area boundaries on land appropriately designated in a local municipal official plan for the use.Land use designation changes within settlement area boundaries do not require a County Official Plan amendment.The uses permitted in the land use designations within settlement area boundaries may be further restricted or prohibited in the local municipal official plans in order to facilitate urban development. 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 April 6, 2022 Report No. DS2022-049 Page 9 of 20 Page 102 of 375 6.c) 6.15 p.m. DS2022-049, 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 natural heritage features on the subject property and the surrounding areas; • No new services or infrastructure are proposed to support the accessory structure; • There are no wetlands or Provincially Significant Areas of Natural and Scientific Interest located on or adjacent to the subject property; • The proposed structure maintains the built form and land use character of the subject property as a single detached dwelling, which is consistent and compatible with the surrounding community; and • The subject property is located within the "Rural Settlement Area" area and the development proposal will enhance the use of these lands in a manner that is compatible with the community and respects and preserves the context and single detached character of the property relative to surrounding land uses. While the proposed floor area of the detached structure exceeds the maximum permitted under the prevailing zoning regulations, this additional floor area will be mitigated by side yard setbacks that comply with the zoning requirements and a rear yard setback that exceeds the minimum requirement. The subject property also backs onto the rail trail, with no residential or sensitive uses abutting the property to the rear. The proposed detached structure is also located in the rear yard, which provide spatial separation from the public realm. In addition, the lot coverage of the proposed structure is also less than the maximum permitted. 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. The proposed structure also replaces a smaller existing shed located in the rear yard and will facilitate more efficient use and storage on the property. Table 5 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES It is the goal of this Plan to protect and enhance significant natural heritage features A2.1 Natural Heritage and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. Development Services April 6, 2022 Report No. DS2022-049 Page 10 of 20 Page 103 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.6 Growth and Settlement 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—RURAL SETTLEMENT SECTION C3—RURAL SETTLEMENT AREAS AREAS C3.1 OBJECTIVES •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 "Residential One Zone (R1)", which permits single detached dwellings and accessory buildings/structures. This minor variance application will facilitate construction of a proposed detached accessory garage in the rear yard of the subject property that exceeds the maximum permissions for floor area but comply with requirements for maximum height, maximum lot coverage and minimum setbacks. The impact of the proposed detached structure is also mitigated by the presence of the rail trail and rural land uses at the rear of the property. 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 addition to the proposed studio space on the second floor. The garage will also replace the existing detached shed as opposed to representing completely new floor area on the property. Development Services April 6, 2022 Report No. DS2022-049 Page 11 of 20 Page 104 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... The application and plans indicate that the structure will be used as a garage and above-grade studio 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". The requested minor variance for maximum floor area is smaller than the primary dwelling and will serve the purpose of parking of vehicles directly related to the primary use. The result will be a detached structure that is smaller in lot coverage and floor area than the principle dwelling and uses that are accessory to the residential use in the principle dwelling. The additional floor area is mitigated by the removal of the existing rear yard shed and the design of the structure to meet or exceed requirements for height and setbacks.. 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 construction of a detached building that is accessory to the principle dwelling on the property. The detached garage will be smaller in floor area and lot coverage than the primary dwelling and will replace an existing rear yard detached shed while also providing an accessory studio space function for residents of the 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 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 Development Services April 6, 2022 Report No. DS2022-049 Page 12 of 20 Page 105 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... variance proposed to the regulation maximum floor area will be mitigated by the proposed building height and setbacks. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The proposed detached garage is an "Accessory Structure" set out under the Zoning By-Law. The proposed location, height, lot coverage and floor area of the accessory structure, in conjunction with the proposed garage and above-grade studio uses, 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. The recommended condition pertaining to the verification the location of the existing on-site septic system will ensure that the proposed garage does not affect the functionality of the septic system. Are the variances minor? Yes. The requested floor area is 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 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 variance to permit the detached structure will not result in adverse impacts to the existing uses and built form character on the subject property and in the surrounding residential community. Financial / Legal Implications / Risk Management: 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 April 6, 2022 Report No. DS2022-049 Page 13 of 20 Page 106 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 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 — Building Division has no comment at this time. Owner/applicant to be aware of the following: 1. Garage with loft appears to be within septic envelope; not permitted. 2. Septic verification or new on-site sewage system will be required to accommodate additional fixtures and living space. Township Development Engineering — No objection. An Engineered Lot Grading Plan 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 Development Services April 6, 2022 Report No. DS2022-049 Page 14 of 20 Page 107 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... Conclusion: I recommend that Minor Variance Application 2022-A-04 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services April 1, 2022 Development Services April 6, 2022 Report No. DS2022-049 Page 15 of 20 Page 108 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... Rd T -Munl°IeL t°e�.IRJJI Her esA�1A.11 RI. -Id.a ie-R[9. C '~Ridge n°'d 918 1055 8 10L12 14 68 72 80 86 94 100 106 112 118 124 132 6 4 William St. 3 16 17 6 7 8 7 6 2 14 13 16 15 16 1 15 14 22 a 21 24 25 24 Me/jssa cr�s. 13 30 O 29 30 d 33 C7 32 3 to 5 7 11 37 38 39 9 40 2016 1950 54 46 44 24 16 8 2006 2000 1990 Graham St. Schedule 1 Location Township of ® Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2022-A-11 Development Services April 6, 2022 Report No. DS2022-049 Page 16 of 20 Page 109 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... I IS Rd� —Maonston�Rd. Harseesh�� a I JL Old-13—i RA.� �Rid9g R°ad ' .. k S. r i 1 — J i.� 'T William st. 3 0 C7 Schedule 2 Aerial Photo 1 C3 Subject Lands Proud HeritqQe,Exciting Feedare 0 20 m File Number:2022-A-11 4, 1 Development Services April 6, 2022 Report No. DS2022-049 Page 17 of 20 Page 110 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos i, r : - L p iffin l l r - ExistingDwelling on Subject Property g 1 p Y i Existing Driveway and Garage on East Side of Subject Property y I Proposed Location for Detached Structure(looking north) Proposed Location for Detached Structure(alternate view) Development Services April 6, 2022 Report No. DS2022-049 Page 18 of 20 Page 111 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... l ' I � r ao ... Tr �� i�SAE h✓.. William Street(looking east) William Street(looking west) Schedule 4: Site Plan Garage with Loft Main itauae(approx.80,40) 72 William street Front Yard Facing Wfllfarn 1 l Street V Development Services April 6, 2022 Report No. DS2022-049 Page 19 of 20 Page 112 of 375 6.c) 6.15 p.m. DS2022-049, Michael Barton, Township Planning Consultant ... 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O C O C a) T i a) � E N O sU � C cB a) U 7 CU N O O a O CU a) N Q N � 4 L a Q -0 cB -aU L N a) Q i U O 3: L O O) - W a) E N U) N Q c a) cy U) O a) � OU � N d a) a) a) O O a) > U C 0 -0L L L D O C (Da) 0 Q a) cv 0- .C_ -a � fB >+ a) L- - () 0)U N � cB U L — O O U 0 O cB N U N oU i (D c � N L fn fB 5 N L �i Q N L L O C CU ( O � o N ^cuCL (oi O N Cn cB -0 � !� O LLCn ca E a) c cu N U fB > 7 L O) E cB � O Q� C O a)N a) a) U C 0 C D CU Q-0 N fB V •� N 06 00 U C O On U O (D 7 � — to J � T 70 (DcB C E -0 cB () CU r O 70 M 70 N O 2 fB �_ a) m O N ��_ _� U a) � C U O to a)CU Q N O a) E ■ -a •L L 0 -a C C Q fB Y QCUM NM a) LU O O C 0 O c � o � T0 0 Lf L 7 rE � rnCn vn En C: .2C: o ' C U to U Z--� -0 Q U N 'X C N CU U C U (DO n, CU N .0 0 N 0 a) N C C N N V/ 1/ ■ ■ 0 fB O a) Cn � p tq n O > rn CU � rnNa) Ua) �Trn > NL- CU O O — N O C _ � C a) () a N 070 Q7 N ?: 0) w O Q cB N O 0 > N N L N Q O n L (D C) CU c 2 6- 6- c:a) - m c cu � o o N 3 Nm a-� Ci O � of c� a) CL CU C L 0C U� CCU o C 0sc-sa) � O � O Cco a) � W ai W Or CU L O � G OCU O' E cv cv � � (D U � � V U H H N O H Q to C a) G r N M .4 Page 122 of 375 6.d) 6.25 p.m. DS2022-040, Danielle Waters, Planner re: Minor Variance A... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-040 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # April 6, 2022 Minor Variance Application 2022-A-12 Roll #: Jared & Jennifer-Lynne R.M.S. File #: 4346-010-002-32100 Johnson D13 60451 848 15/16 Sideroad West Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-040 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 Report DS2022-040. 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 existing detached accessory building is to be demolished prior to issuance of building permit for proposed structure; 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. Development Services April 6, 2022 Report No. DS2022-040 Page 1 of 10 Page 123 of 375 6.d) 6.25 p.m. DS2022-040, 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 several detached accessory buildings. The applicant plans to demolish the existing accessory building to replace with the proposed structure. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.4 — Maximum height Required: Proposed: The maximum height of any detached 6.1 metres (20.0 feet) for the proposed accessory building or structure, except building only boathouses, is 4.5 metres (14.7 feet). Section 5.1.6 — Maximum floor area Required: Proposed: The maximum floor area of any one Carport: 37.2 square metres (400.0 detached accessory building or structure, square feet) excluding boathouses, is 70 square Garage: 118.9 square metres (1,280.0 metres (753.5 square feet). square feet) Total: 156.0 square metres (1,680.0 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 are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas/Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. 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 April 6, 2022 Report No. DS2022-040 Page 2 of 10 Page 124 of 375 6.d) 6.25 p.m. DS2022-040, 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. 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, 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 April 6, 2022 Report No. DS2022-040 Page 3 of 10 Page 125 of 375 6.d) 6.25 p.m. DS2022-040, 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 Rural Residential Two (RUR2) 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 RUR2 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 farther from the road than the dwelling, creating a second and subordinary view of the structure. It should be noted that a portion of the structure is a carport, which is to be left unenclosed. 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 the abutting lot line that would partially screen the building from the street and 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 structures to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the proposed detached accessory building would be visible from 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 April 6, 2022 Report No. DS2022-040 Page 4 of 10 Page 126 of 375 6.d) 6.25 p.m. DS2022-040, 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 April 6, 2022 Report No. DS2022-040 Page 5 of 10 Page 127 of 375 6.d) 6.25 p.m. DS2022-040, Danielle Waters, Planner re: Minor Variance A... • Township Development Engineering — No objection • Township Building Services — no comments • Township Infrastructure and Capital Projects — No comments 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-12 be approved, 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, 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 March 31, 2022 Development Services April 6, 2022 Report No. DS2022-040 Page 6 of 10 Page 128 of 375 6.d) 6.25 p.m. DS2022-040, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map �uey Rd.T onsmn•'IRJdII.. H.—hu l.111jy Rl. I r I Ok Rid sd V _9 937 918 Z LO 678 N c J 876 848 910 1.5116 Srd_W. 801 791 1077 885 833 Schedule 1 ad Location hi- ` 1owns of Subject Lands Proud Heritage,Exciting Future 0 200 M File Number:2022-A-12 N I Development Services April 6, 2022 Report No. DS2022-040 Page 7 of 10 Page 129 of 375 6.d) 6.25 p.m. DS2022-040, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo Y11ace+Rd. - _ - one Nn•Rd. .• •_... Reisesh� Yalle Rd. I �.W .e. .' -.... _. �a k ag 'Ian V !0. 15116 S d.W. Schedule 2 Aerial Photo 'luwnship of Subject Lands Proud eri[Rge,Exciting Future 0 50 m File Number:2022-A-12 N I i i i 1 I Development Services April 6, 2022 Report No. DS2022-040 Page 8 of 10 Page 130 of 375 6.d) 6.25 p.m. DS2022-040, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants Proposed Site Plan S �� l+cspc rl.i 81-1g 15f16'" �3•deroorl W (Qell+►T{3u.le0,000 237-100 Pr4as ; PORN 41Q-i�3'� TNST a ai�54, 04 �JKCj`:St-.s.� tiyl wH: t'.+.\d.•.. yl1 � �C,,c+t fir.a...� co tea^ T�� sou.'1 dwol�� N r'L T,.,.. � 11oG yE�k r 1✓o+-..A 1`•a,r� Ca.u� b+•.,a�o.. i.L11� -54••n 1.ar� p.� Schedule 3 Applicant's Site Plan . T,TTn,�tllp (��f��l�lea/4�?te File Number 2022-A-12 Proud Heritage,Fxcitiwg Futarre Development Services April 6, 2022 Report No. DS2022-040 Page 9 of 10 Page 131 of 375 6.d) 6.25 p.m. DS2022-040, Danielle Waters, Planner re- Minor Variance A... 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O J U Cu .L- Cu O Page 140 of 375 6.d) 6.25 p.m. DS2022-040, Danielle Waters, Planner re: Minor Variance A... 1�) a) O O Cu Q) O v) to N c- N 0 o o _0 o Cu U y a) N cu Cn Cu C o o O ti 0 � C N_0 a) Q E a) CT.O a) O O Cu O a) Q L � N N CO O a) i O C LO U 70 O U O "- E 2 Na) > Cu U Q E E 0) O 0 i O E �_ Q U Q O N O O U 7 N C) L 0 -0 LL N � �, o c�i � � � 00 �+ 0 � ~ O N U Q X rnC -0 Cu � cn U .c Q ca .- o EZ � �- o O Q� � � o E C u) E � N -0 1 N Q o w O o U N _ _ o � � U � Na) `� Qom o (D N 0 C:) � oN � -o 7 � t C) CuO a) O U -0 a) O d C L a) to 6 � N U () N E Tom U) oCoa) O U Q U L � cn : Q� Q� aa)) E E � cvo � � o a) coi ^ � � � a) — a) N O C O Yi CO O Q 0 a)00 O) N - N E Cu C •"= C O) a) o N .� Cu a) 0 C 00 '> 70 Cu O C � � .� q O Q Cu >> Cu0 to � Cu Q N O � O C = � N � -0 a) U > O Cu N fB 1 Cu O O �, 0 fB a) QL > Q tcoi n tcoi �� a)Cu Qc a) N Li N Cu U N C U OQ a � 0 4— Cu NC) fB C O E -0 C -0 fB _0 •� ` C � E U U CU N `v ■ ■ Cu O) N N N CuN Cu N C 0 \ Cu UC 0C: �. J O C: O C - O ( '� a) N Q C O L a) Q a) 0) a) N ON a) 0" Cu fB N Q a) Q �'" : OL O c O cn a) — N Q U Cu C C O N N -C OL — OL N X Q a) U v� N Cu ' y Q C Q � a) cv - Q a) O O Cu U cv = Cu Cu cv L cv U Q C _0 v- � L 7L OL OLD L a) N C) O oH � H tAHLH NHS Cu L Q E Cu Cu CU a (0 a) Cu U a) - rn cN CO � N •� LL Page 141 of 375 6.e) 6.35 p.m. DS2022-041 , Danielle Waters, Planner re: Minor Variance A... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-041 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # April 6, 2022 Minor Variance Application 2022-A-13 Roll #: Larry and Robina Trottier R.M.S. File #: 4346-010-007-16400 101 O'Brien Street D13 60452 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-041 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 Report DS2022-041 . 3. The conditions are as follows: a) That notwithstanding Table B1 — SR, Front yard, 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 an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is no closer than 3.3 metres (10.8 feet) from the front lot line; 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 April 6, 2022 Report No. DS2022-041 Page 1 of 10 Page 142 of 375 6.e) 6.35 p.m. DS2022-041 , Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.28 hectares (0.69 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 applicants have proposed to construct a two storey addition to the existing dwelling that will extend out towards O'Brien Street. The addition will be a garage on the main level and additional living space on the second storey that is attached to the main dwelling (not a second unit). The applicants are seeking relief to the following section of Zoning By-law 97-95: Table B1 — Front Yard Setback, R1 Required. Proposed: 7.5 metres (24.6 feet) 3.3 metres (10.8 feet) for the proposed addition only 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, 2.1, 2.2 and 3.1 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 an addition to the existing dwelling that would be permitted by these policies. Section 2.1 - Natural Heritage is relevant due to proximity to Lake Simcoe and a watercourse. Section 2.2 — Water aims to "protect, improve or restore the quality and quantity of water". Section 3.1 Natural Hazards to ensure the safety of people and structures. The location of the existing dwelling and the proposed addition is not regulated by the LSRCA; however, the rear of the property is regulated so LSRCA was circulate to. Supportive comments from LSRCA have been received. The application is consistent with the Settlement Areas, Natural Heritage, Water and Natural Hazards policies of the PPS as the proposed development is not anticipated to impact any natural features or functions. Based on this, Planning Staff is of the opinion that this application is consistent with the PPS, 2020. Development Services April 6, 2022 Report No. DS2022-041 Page 2 of 10 Page 143 of 375 6.e) 6.35 p.m. DS2022-041 , 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 2.2.1 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 lands subject to this application is a residential lot within an established rural settlement area (Shanty Bay). Planning Staff is of the opinion that this application conforms to the Growth Plan. Lake Simcoe Protection Plan (LSPP) Portions of the subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated this application and reviews applications in the context of Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has reviewed the application and indicated that they are satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazards policies of the PPS. An LSRCA permit is not required. 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 Shanty Bay. 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 April 6, 2022 Report No. DS2022-041 Page 3 of 10 Page 144 of 375 6.e) 6.35 p.m. DS2022-041 , Danielle Waters, Planner re: Minor Variance A... 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 Shanty Bay. 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 addition to the existing dwelling is considered to conform to the general intent and purpose of the 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, as amended. Single detached dwellings and by extension accessory uses to the residential use are permitted in the R1 Zone. The primary purpose of the front yard setback is to provide spatial separation between structures and the road, as well as to provide space for access, maintenance and drainage around buildings, landscaping and parking. Planning Staff believe that the proposed setback will provide an adequate setback from the road to achieve the above- noted considerations, including parking on the driveway and within the proposed garage. The garage is proposed to have a side vehicle entrance not facing the road, which would compensate for the loss parking resulting from the reduced front yard setback. The Township's Operations Department has no objections to the proposed setback. For the reasons outlined above, Planning Staff is of the opinion that the requested variance would maintain the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed 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 single detached dwelling addition would be visible from the neighbouring properties, however, there is mature vegetation on the interior lot lines to provide a buffer to the proposed structure. The proposed structure will not interfere with functional matters such as parking and the septic system. The proposed plan will also allow for the existing driveway to be used, and keep the mature vegetation in place. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Development Services April 6, 2022 Report No. DS2022-041 Page 4 of 10 Page 145 of 375 6.e) 6.35 p.m. DS2022-041 , Danielle Waters, Planner re: Minor Variance A... Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the proposed addition is not anticipated to have an adverse impact on the neighbourhood. The proposed variance will keep the existing driveway and mature vegetation in place. As the proposed variance for the single detached dwelling addition 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, 2020 • County of Simcoe Official Plan • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: Development Services April 6, 2022 Report No. DS2022-041 Page 5 of 10 Page 146 of 375 6.e) 6.35 p.m. DS2022-041 , Danielle Waters, Planner re: Minor Variance A... • Township Development Engineering — No objection, ELG required • Township Building Services o Owner to be aware that on-site sewage system verification will be required; new on-site sewage system may be required if existing system is not sufficient to support the additional living space. • Township Infrastructure and Capital Projects — No comments • LSRCA — no objection, permit not required 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-13 be approved, 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, 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 March 31 , 2022 Development Services April 6, 2022 Report No. DS2022-041 Page 6 of 10 Page 147 of 375 6.e) 6.35 p.m. DS2022-041 , Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map vr,ed Ra'.� 31 H+ 32 1931 Maone[ane•Rd. "� _ 39 43 xnaeax'n Na 11 Rd. 44 i iin•Ra.ae. .� J49 r SA t d47 4b 1(1id9e a lad V 50 � G ohurch S70 g 2 1224 1219 N 1228 N 76 1227 Brook St. 1911 _c 1234 J 12 1935 1927 1233 3 54 22 93 30 101 $ay St. 53 31 17 1 5 25 Kempenfelt Bay Schedule 1 Location '1ownshi of ®Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2022-A-13 Development Services April 6, 2022 Report No. DS2022-041 Page 7 of 10 Page 148 of 375 6.e) 6.35 p.m. DS2022-041 , Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo _H I�amp I•Ra. H is. I•YeM Rd f P i in 91d• me .� i C 9 d 1 BaY Stij Schedule 2 Aerial Photo I� h.. f Subject Lands Proud Heritage,Exciting Future 0 30 Ill File Number:2022-A-13 N I I I I Development Services April 6, 2022 Report No. DS2022-041 Page 8 of 10 Page 149 of 375 6.e) 6.35 p.m. DS2022-041 , Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicants Proposed Site Plan INFORMATION TAKEN FROM: / BUILDING LOCAIFONSLIRVFY LOT 22,REG'D PLAN 702 LT 4,REG'D PLAN 486 a LOT 28,CONCESSION 3 TOWNSHIP OF ORO \ COUNTY OF SIMCOE RDONEY C.RAIKES O.L.S. i •) 1986 % N93 O'BRIEN STREET i� ✓ f % i K101 O•BRIEN STREET e��`N/ QPgF_ sy { EXISTING f f DWELLING AI BAY STREET \ f' EXISTING \ DECK 0 \. 6 ✓' �/ �a+, Fcl ✓ L07 AREA: 2910.39 m� EX.DWELUNGUNM 150.88 m' EX.DECK: 27.89 m' EX.BUILDING AREA: 176.77m')6.36%) \ w PROPOSEDADDITION: 4187 m' PROPOSED BUILDINGAREA: 220.64 m'(7.85%) y0 Schedule 3 Applicant's Site Plan -s- 0`� Ll C File Number 2022-A-13 Proud Heritage,Exciting Future Development Services April 6, 2022 Report No. DS2022-041 Page 9 of 10 Page 150 of 375 6.e) 6.35 p.m. DS2022-041 , Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicants Elevation Drawings M [00 110 00 o �000 0000 0�00 �000 0000 0000 �000 0000 11 Lj 71000 0000 0000 �� ......... IIEI M a" y II II0 xi � 4� Pl RFLR ELEVOTI�N .................................................................... 9 M 0 FP NIew 01 [1]] 4 fl LEFT fLfYATION Schedule 4 Applicant's Elevation Plans "UPl- T v ship of File Number 2022-A-13 Proud Heritage,Exdtireg Fl.etacre Development Services April 6, 2022 Report No. DS2022-041 Page 10 of 10 Page 151 of 375 6.e) 6.35 p.m. DS2022-041 , Danielle Waters, Planner re. Minor Variance A... O N m Y m a CO CM Y Q ' CO;�2 ] N N Om N N m 'S Z OUH y O NNN Cu U CZ CZ 4-0 Cu a� 4 ca �� O C Cu � m a O 0 . . � CD . . .0 Cu y G a � ♦"' C •- 0 (1) t� •� (6 i J p N OQ U Page 152 of 375 6.e) 6.35 p.m. DS2022-041 , Danielle Waters, Planner re: Minor Variance A... 1�) Ad m -0 0) O � Cu O N � o O o -5 U o CM a) CL O U 4-0 O - O 00 T 00 U O o UO O o O 0) N C: Cu 0) � E � U a� o c� •to a— CL 0 0) CL O Q Q O N (D C) Ca ca ° Cu 7 ca ° M Cu .0 - > Q U O (n _ 0- 7 N L O Q M M 42) •— ° CU o 7 '^.. 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E � m @k ƒ $ Cu $ 7 2 % -0 2 \ f $ : ±2 5 \ $ .g < 2 Cu Cu \ / tm7 � ¥ E/ U k ® E 0 0) » � ' ± 0 0 2 -0 § U) LL - : � �'E 0 3 % ƒ Cu 70 » m » - E -0 » L) 0 2 � ) m � 2 � p � � ƒ .0 2 '2 % § 3 v CL o 04 o E E o — 2 0 U CL f h \ / 2U) -00 / - / C � 70 � £ § 32 k ) �/ / .- 6 § \ $ � t ) G'> - 0--0 Cu ' N � 70 o .@ E » o E 0 0 C- E 2 / E 3 E Cu 0 04 �k ) � � �2a) 0 " 0 2 h < 70 Cn m � R33 'E , E0oU t m § E � E7E0- EE £ y0- » Cu 2 EG » @ ® — @oy ® � 0 �£ @ : So E \ � �± OEE � E ® . % / � / §z e Cu / ms a t " JE 2 % � 0 . » f ° � » 5f3fmf >No § ƒ Ea 2 ƒ � f0 § wowEw £ 22wo , § ƒ ƒ / k k � ° w wpm w 4 / & a » Page160 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re: Minor Variance A... Township of Report r 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-042 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # April 6, 2022 Minor Variance Application 2022-A-14 Roll #: Martha Lowry and Alastair R.M.S. File #: 4346-020-003-14800 Whitehead D13 60453 1151 Warminster Sideroad Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-042 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 Report DS2022-042. 3. The conditions are as follows: a) That notwithstanding Table A4, the agricultural buildings shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed agricultural buildings 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 applies for and obtains Site Plan Approval; d) That the lands and buildings not to be used for a restaurant or banquet hall; e) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services April 6, 2022 Report No. DS2022-042 Page 1 of 13 Page 161 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re: Minor Variance A... 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 35.5 hectares (87.7 acres) and is currently used as an agricultural lot, as shown on Schedules 1 and 2. The property currently supports several agricultural buildings and a single detached dwelling. The applicants are proposing to demolish an existing agricultural building and construct two new agricultural buildings for the purpose of processing and selling cider. The applicants are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Table A4 — Permitted Uses, Agricultural/Rural Zone Required: Proposed: Farm Produce Sales Outlet means a Farm Produce Sales Outlet means: premises where the products of an 1) A premises with a maximum floor agricultural use on the same lot are sold area of 10 square metres (108 at retail to the travelling public. 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. The applicant's site plan and elevation drawings are included as Schedules 3 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.3 Agriculture and Section 3.1 — Natural Hazards are applicable to this application. In terms of Natural Hazards, Section 3.1 is intended to ensure safety of people and structures. The application was circulated to the Nottawasaga Valley Conservation Authority (NVCA) and has advised that there are slope erosion hazards and unevaluated wetland features on the property. The NVCA is recommending approval subject to the applicants obtaining a permit from the NVCA. Planning Staff are satisfied Development Services April 6, 2022 Report No. DS2022-042 Page 2 of 13 Page 162 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re: Minor Variance A... that a permit from NVCA will provide the conditions required to protect the environmental features on the property. The Applicant's proposed cidery is directly supported by Section 1.1.4 (Rural Areas in Municipalities) and Section 2.3.1 (Agriculture). Section 1.1.4 states that "It is important to leverage rural assets and amenities and protect the environment as a foundation for a sustainable economy...." And further states that "Healthy, integrated and viable rural areas should be supported by... promoting diversification of the economic base and employment opportunities through goods and services, including value-added products ..." and "...providing opportunities for sustainable and diversified tourism". Section 2.3.1 states that "Prime agricultural areas shall be protected for long-term use for agriculture..." and lists the following permitted uses in Section 2.3.3.1: agricultural uses, agriculture-related uses and on-farm diversified uses. Section 2.3.3.1 further states that, "...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. To this end, the Province has developed "Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas", which assisted Planning Staff with their analysis of the proposed cidery development and their conclusion that the application is consistent with the rural and agricultural policies of the PPS and represents an appropriate on-farm diversified use. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposal is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is an existing agricultural lot. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their Official Plans. However, this policy is relevant due to the proximity of the lands to a watercourse. The subject lands are not located within any natural heritage designations identified in the Township's Official Plan. The lands are partially identified as Greenlands in the County's Official Plans; however, the proposed structures are not located in this designation. NVCA has no objections conditional that the applicants obtain a permit from the NVCA. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 based on supportive comments from NVCA. Development Services April 6, 2022 Report No. DS2022-042 Page 3 of 13 Page 163 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re: Minor Variance A... County Official Plan The property is designated Greenlands and Agricultural in the County of Simcoe's Official Plan. The proposed agricultural buildings are to be located 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). 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). The proposed agricultural buildings are to be constructed within the disturbed part of the property within the existing building cluster, and would not impact arable land. 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. In circumstances where the uses of land, buildings or structures permitted in the by-law are defined in general terms, Section 45 (2)(b) gives the Committee the power to permit and more specifically define the use of any land, building or structure for any purpose that, in the opinion of the committee, conforms with the uses permitted in the by-law. Do the variances conform to the general intent and purpose of the Official Plan? The Strategic Objectives of the Official Plan (Section A2.7.2) include, "To encourage the development and diversification of the tourism industry in the Township." 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 (Section C1 .2) include agricultural uses and farm related tourism establishments. Section C1.3.8 of the Official Plan is specific to farm related tourism establishments and states: Development Services April 6, 2022 Report No. DS2022-042 Page 4 of 13 Page 164 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re: Minor Variance A... "Given the proximity of the Township to growing urban areas, Council supports the development of uses that highlight the importance and value of the agricultural way of life in the area. On this basis, permanent uses such as art galleries, artist studios, farm machinery and equipment exhibitions, farm tours, holiday-related exhibitions and small-scale educational establishments that focus on farming instruction are permitted in the Agricultural and Rural designations subject to rezoning. Prior to considering such an application, Council shall be satisfied that: a) the use is clearly associated with agriculture; b) the use will highlight the importance of agriculture to the economy; c) the use is clearly an accessory use to a farm operation or a single detached dwelling on the same lot; d) every effort has been made to locate the use in an existing farm building such as a barn, or is to be located in a new building that is designed to be representative of the area's agricultural and rural character; e) the use will not hinder the future expansion of agricultural operations in the surrounding area; f) traffic generated by the use can be safely accommodated on area roads; and, g) all other municipal requirements, such as a license under the Municipal Act, are complied with. All such uses may be subject to Site Plan Control, depending on the scale of the use. In addition, such uses shall be encouraged to locate in existing farm buildings wherever possible." Planning Staff has reviewed this application against Section C1.3.8 and has the following comments: • The proposed cidery is consistent with and falls within the scope of the listed examples of permitted farm related tourism establishments. • The proposed cidery is relatively small-scale, with the retail portion similar to the size of a farm produce outlet. On this basis, Planning Staff is satisfied that a Minor Variance is the appropriate mechanism at this time for the consideration of the applicant's proposed development. However, a Zoning By-law Amendment may be required in the event of a proposed future expansion. • In Planning Staff's opinion the proposed cidery clearly conforms to all the criteria listed in (a) through (g) above. • The applicants had initially considered locating the production space within an existing farm building, but ultimately determined that replacement with a new building was more viable. This approach is generally conforms to the Official Plan. • It is appropriate to apply Site Plan Control to the proposed development to regulate matters that include the size of the proposed outdoor seating area and the adequacy of the proposed parking area and its ability to support emergency vehicles. Development Services April 6, 2022 Report No. DS2022-042 Page 5 of 13 Page 165 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re: Minor Variance A... Therefore, based on the above, the requested variances pertaining to the construction of two agricultural buildings for the purposes of a cidery is considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. The proposed agricultural buildings are to be constructed in the A/RU zone, and within the existing cluster of buildings on the property. Agricultural buildings are permitted in the A/RU Zone, as is a "Farm Produce Sales Outlet" which the Zoning By-law defines as: "Farm Produce Sales Outlet: Means premises where the products of an agricultural use on the same lot are sold at retail to the travelling public." Through discussions with the applicant and a review of all applicable planning documents, Planning Staff determined that the above-noted definition is too general for the purposes of the proposed development and does not adequately address: 1 . The scale of the overall buildings (production and retail sales) required for the proposed operation; and 2. The value-added nature of the operation (conversion of agricultural products into a new product), whereas a Farm Produce Sales Outlet is generally intended for the sale of farm produce and value-retaining products (e.g. honey, maple syrup, preserves). 3. The need to define some limits on the uses. However, it is Planning Staff's opinion that through a Minor Variance pursuant to Section 45 (2)(b) of the Planning Act, which would limit the sizes (floor areas) and identify the uses of the proposed buildings, and apply conditions to limit the uses (i.e. no restaurant or banquet hall), the proposed development would conform with the uses permitted (Farm Produce Sales Outlet) in the Zoning By-law. Should the applicant wish to expand the sizes of the buildings or wish to add additional uses such as a restaurant or banquet facility, a Zoning By-law Amendment and Site Plan Amendment would be required, along with a Planning Justification Report submitted to show compliance with planning documents, including the On-Farm Diversified standards prescribed for in the Ministry of Agriculture, Food and Rural Affairs Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas. For the reasons outlined above, Planning Staff is of the opinion that the requested variances meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this rural area. Upon site visit, Staff has identified that the proposed agricultural buildings will be within the existing cluster of buildings on the Development Services April 6, 2022 Report No. DS2022-042 Page 6 of 13 Page 166 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re: Minor Variance A... property. The use of the buildings will continue to support the agricultural nature of the property. Planning Staff believe that the proposed application is appropriate development for this lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed structure will only enhance the agricultural use of the property in providing additional value-added processing and sales of on-site produce. 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 Development Engineering — No objection • Township Building Division — no comments • Nottawasaga Valley Conservation Authority — no objections, permit required Development Services April 6, 2022 Report No. DS2022-042 Page 7 of 13 Page 167 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re: Minor Variance A... Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Proposed Barn Elevations Schedule 5: Applicants Proposed Shed Elevations Conclusion: Planning Staff recommends that Minor Variance application 2022-A-14 be approved, which would permit two agricultural buildings to be used for the production and sales of cider. The application conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager Planning Services March 31, 2022 Development Services April 6, 2022 Report No. DS2022-042 Page 8 of 13 Page 168 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map �Y1ase i R.11.T r�doFam�!,R�a. 4272 4211 Xaisesh�oe�Na IIeY+Rd. I I �Ild.gar'e•Rd.� 4171 u'eaA 1kid9R� 1020 4146 4151 1336 880 1066 =1156 Warminstms_ - z tisl 919 d += 1307 J 3985 3968 3901 3955 3955 3886 3857 3856 3579 3833 3808 3771 Schedule 1 Location -e ��2t� ®Subject Lands Proud Heritage,Exciting Future 0 400 M File Number:2022-A-14 N I Development Services April 6, 2022 Report No. DS2022-042 Page 9 of 13 Page 169 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo Yacei+Rd- - one Hrn•Rd. ! j` Heisesh�Iva IIellnRd. I _ W.M k ae' 'Ian V k WdITlllll5tef rd. � - -- - t i } FFMM �Mb 1 A G' Schedule 2 Aerial Photo luwnshi. of Subject Lands Proud eri[Rge,Exciting Future 0 300 M File Number:2022-A-94 N I Development Services April 6, 2022 Report No. DS2022-042 Page 10 of 13 Page 170 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants Proposed Site Plan E IF G �ISICENCE 10 Cb l 1 •ys-�s�:L.�{ mne-.r.r. � b ExiSTM Ek15PiNw ras��l -� r�aoucrION -- f -• _ 7 9ARH I RE S;E DETAIL SITE PLAN 10 SA M. MARCH 1.2D72 1:500 #CIA Schedule 3 Applicant's Site Plan fVN`�Z}'{FIR fr File Number 2022-Il-1. d'rL*wd HM?4%c.PxrUip-w Fururr Development Services April 6, 2022 Report No. DS2022-042 Page 11 of 13 Page 171 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicant's Proposed Barn Elevation NORTH AG SCALE sne•=r-o• i z SOUTH ELEVATION NORTH a SOUTH ELEVATIONS AL SCALE 3f10'=I'-0' MARCH I.2022 EAST ELEVATION AS SCALE 311V.I'-0' z WESTELEVATION EAST a WEST ELEVATIONS AS SCALE SIl d"=I'-0' MARCH I.2C22 Schedule 4 Applicant's Production Barn Elevation Plans File Number 2022-A-14 Proud Heritage,Exciting Future Development Services April 6, 2022 Report No. DS2022-042 Page 12 of 13 Page 172 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re- Minor Variance A... Schedule 5: Applicant's Proposed Shed Elevation S I WEST ELEVATION z SOUTH ELEVATION A7 SCALE 5Ad`o I'-9° A7 SCALE 30"=I'-p' 3 EAST ELEVATION 4 NORTH ELEVATION A7 SCALE NIV=1'-0° A7 SCALE mw=I'-0, Schedule 5 Applicant's Retail Shed Elevation Plan w--,--�.j /LLB/ File Number 2022-A-14 Proud Heritage,Exciting Future Development Services April 6, 2022 Report No. DS2O22-042 Page 13 of 13 Page 173 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re- Minor Variance A... � r W i •�-L6 aui06 M b N � O \^ m N M M t � i N O J m � M M 1 N N O N 06 Cu .V � Q w _0� C L c� Q _ o }, 4-0 70 U CO }' U & O 'i to s= 3 0) a) Cu _ Q LO U '� 'i Cu C a) 0 Ca — > C -0 Q a O O Cu r •— C� O > -jc) Nw O UQ Page 174 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re: Minor Variance A... c6 0) A tt � -0 � 12 a) U w W l. � (6 on IZ— T U) N W O �_ Lq U) y ` U CC) 4-0O CO a) O (nc� •V a- o •v) O _ � Q O CO ZZ a) (nc� o ' O a) .� � 4- O ocno0) N +� 0) O . U U Ln � � � Q o E o 0 0 O O7 L i z o a� co N E -0CT QCa M -0M00 N O i � E (DEo O ILL :3 (� m D o LD o Ca a) U 0 — � a _aU) 2 ( �o cn O Oi Cu E � a� a — ac�D � O Q Cu 0-L4-0 p N Q Q� -01 QL ' O oo � � NU Cu U) 0 N 0- ii U) p CL O 4-0 0) U }, V Q 70 (D a) O 0) Cu 'G 0 OL a�i o 0 M E � O � Q 0 0 0 0 — N 0 Qo U O (n �5 (U p L� N a) a) aD � N }' (n U) ( a C) O O O U) O -0 2 .2 4-0 Q a) 4 ^ Q a c6 Cr Page 175 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re- Minor Variance A... 1�) C6 :u Ad IZ- o IZ- 06 O J N L6 aui� _ N N O N O Cu CU CZ CZ Q C) Cu Cu O O •5- L G � Q Page 176 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re- Minor Variance A... 1�) C6 :u Ad IZ- o IZ- 06 Z 4 WR N J � H � ix x h - F �K � 'T �p 4'OSDI.�lifi&l. 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N i r}ry�� rl 10 a 0) i D y Cu 5 V q C �d O L h gg i Page 181 of 375 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re: Minor Variance A... d IZ- 1 AT 1 A ' U 06 r 70 � FeS Q Cu C) O O � hY � � O Q O N Cu - 70 CL EL � W ,1 Cu W Page 182 of 375 � t i it;. i �K ry 'I • • �a ►I e ;� c k,n an ♦h �I � • 6J) 6.45 p.m. DS2022-042, Danielle Waters, Planner re: Minor Variance A... ,.,, ) C6 :u IZ- o �--+ o LO N r a� '� O a� r v�cu O C r y — 2cu Cn C voi oC V 7 0 C C O to Cr Z CU ECn N �/ COT Cu C-) C OL C N L N O ,� O C O Q 0 0- Cu ` C-) O O O U (D 0)-0 O T N fB y N - O C O E �' U E - > E - E cu Q m O Cu— L O U Q N Q N O C O Cu R N U Q Cu L fu N O E E J 7 N Cu (n_ 7 fu Cu N 0 N X "= O N Cu "= O C L ;F Cu > E Q E N U N Cu O L O C Q fu y to Q ?j to L N Cu >+ O -a � �- (D a C-) �' cu g O N O O >, Q 'F U 70 O y C fu U L O N 70 L E N 0 N C O "' E to NN O N - - N CL L CU a� N Cu cu v� (n Q E �a o i v +• � L �- O C N Q4 cuc Cu -aoCU0 >,.N O OCn s Cs > Ca� U U Cu a� Cn c'o - CU � >. o 2 cum (D � z5 � � rn �'� Q � > v� U O � � Ear � Q N C) o Cu �n > Ca� C� o O O to U r 7 M O Cu L N U) J U N T � N L d cu cu E +- }+ N � �'- L O N -0 Q L � E C \Vl � 0 M N Cu (D O C O U O Cu per- C O � (n � DU Q W Cu - O 7 7 -L) Cuto y z N O Cn O � � -0 Qom+ +_ � -0 Cu U Q ^ L � T � a� C � Eo0 � cuCi a� O N 7 L L U 7 � O ) C � CL U N 0 � 0 C Q cu N L C U O a O Q N O L L 0 O to p) Q U L Nd U �^ N yam+ N � � C N ^' O C N O 7 V N C •C N O .N VJ ■ ■ 0 NEON Cu U � .0 -0 O C � > Ucum N C 1 rn 0'Cn CL- N or CuU LL Cu u O Cu _ = N O C Cu� � � � 0 N N C N �- fu �I O Q O N N O N O Cu N Cu Cu Cu C Cn n _ N N N O N Cu 5 Q p .V D O C (n U � N N Q O L O Z. Q- C � O U U_ Cu 7 .� O fu „�+ Q U fu fu `� Q zCu 0 fu � N O N C 0 �� (D CCu Y/ O O L p 0 O Cu C Cu Cu Cu Cu Cu � C EQ O Lr E C � _ OL OLLL � C a� O � CHNHHHH oa L o N a� O CU O E - � 6 cu " u � u � O E Cu cu 'C � � o - a) � C O s � rn aL � Crn H H m E w rn O H Q .N ■ u A� r N M � Page 184 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-050 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # April 6, 2022 Minor Variance Application 2022-A-15 Roll #: Ann Marie Baczynsky R.M.S. File #: 4346-010-008-17700 17 Simcoe Avenue D13 60455 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-050 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 Report DS2022-050. 3. The conditions are as follows: a. That notwithstanding the zoning regulations in Table B1 , the proposed addition and uncovered deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed 3-season room, covered deck and uncovered deck be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the on-site sewage system and components be identified on site plan and clearances be obtained from the Township Building Division; 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 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 April 6, 2022 Report No. DS2022-050 Page 1 of 16 Page 185 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... The subject property is located at 17 Simcoe Avenue, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The property is currently occupied by a 2-storey single detached dwelling (77 m2 or 830 ft2 floor area) with 3 detached accessory structures (sheds) located in the rear yard. The existing dwelling has interior side yard setbacks of 3.0 metres on the south side and 1.48 metres on the north side. The property is accessed from Simcoe Avenue with parking located in front of the dwelling immediately adjacent to Simcoe Avenue. There is no driveway providing access along the side of the dwelling or into the rear yard. The subject property has an area of approximately 592 m2 (6,372 ft2) and 15.24 metres (50 feet) of frontage on Simcoe Avenue. Schedule 3 includes site photographs illustrating the existing site conditions and uses, including the rear yard. 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 Zone (SR) 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing to construct a rear addition on the northeast corner of the existing dwelling that includes a 3-season room (18.9 m2 or 203.44 ft2 floor area) and uncovered deck (10.2 m2 or 109.79 ft2 floor area). The proposal also includes construction of a 17.1 m2 (184 ft2) covered deck on the front of the existing dwelling. The existing detached sheds will remain in the rear yard and there will be no changes to the existing structure of the dwelling. The drawing package submitted by the Applicant includes conceptual elevations and perspectives of the proposed additions. These drawings are included in Schedule 5. The following minor variance to Zoning By-Law 97-95 has been requested by the Applicant: 1 . To permit a minimum interior side yard less than 3.0 metres (1 .48 metres proposed). The requested minor interior side yard is located where the proposed 3-season room connects with the existing dwelling on the north side of the dwelling and is consistent with the existing north interior side yard setback. The interior side yard to the proposed 3-season room and uncovered deck increases moving towards the rear yard. Development Services April 6, 2022 Report No. DS2022-050 Page 2 of 16 Page 186 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... 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. 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; 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; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e)using rural infrastructure and public service facilities efficiently Development Services April 6, 2022 Report No. DS2022-050 Page 3 of 16 Page 187 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... 1.1.5 Rural Lands in Municipalities 1.1.5.2 On rural lands located in municipalities,permitted uses are: c)residential development,including lot creation,that is locally appropriate 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted I have reviewed the development proposal and requested minor variance and I am satisfied that the application is generally consistent and does not conflict with the applicable policies of PPS 2020. The proposal and requested minor variance will maintain the existing low density residential character of the subject property and surrounding community while allowing for enhanced and efficient use of the subject property as a single detached dwelling. The requested minor variance to the minimum interior side yard setback will not result in built form or massing that would adversely impact adjacent properties or public health and safety. There will also be no adverse impacts to any natural heritage features on or in close proximity to the subject property. The proposed rear addition will align with the rear yard and detached shed of the neighbouring property to the north and be constructed with an interior side yard setback that is equal or exceeds the existing setback to the primary 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 3.Subject to the policies in Section 4,development outside of settlement areas may be How to Grow permitted on rural lands for: Development Services April 6, 2022 Report No. DS2022-050 Page 4 of 16 Page 188 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... 2.2.9 Rural Areas 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 generally conforms to the applicable Growth Plan policies on the basis that the proposal represents enhanced and more efficient of an existing low density residential use and does not include any extensions or upgrades are required to existing services or infrastructure to support the proposed detached structure. The proposal is consistent with the existing low density residential character of the surrounding community and there will be no adverse impacts on agricultural lands, natural heritage, hydrologic and Iandform systems, features and functions. The requested minor variance maintains and exceeds the existing north side yard setback and the proposed 3-season room and uncovered deck will be constructed in a location that will minimize impacts to the neighbouring dwelling. 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 maintain the general purpose and intent of the County of Simcoe Official Plan. Only one minor variance has been requested and it is for an interior side yard setback to is consistent with the existing setback to the dwelling, and then increases towards the rear yard. The proposed additions will allow for enhanced and more efficient use of the subject property in a manner that is consistent with the existing low density residential character of the property and surrounding neighbourhood. There will be no adverse impacts to natural heritage features on or adjacent to the subject property and no new municipal services or infrastructure are required. The requested minor variance will allow for enclosing of the existing outdoor deck on the northeast corner of the existing dwelling, which is currently modest in floor area, while also allowing for a new uncovered deck to be constructed. This proposal will allow for enhanced use of the rear yard amenity area in a manner that aligns with the character of the rear yard amenity areas on the abutting properties. The construction of the 3-season room in the location of the existing deck will also allow the owner to enjoy this space for an extended portion of time throughout the year. Development Services April 6, 2022 Report No. DS2022-050 Page 5 of 16 Page 189 of 375 6.g) 6.55 p.m. DS2022-050, 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. 3.7 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: Development Services April 6, 2022 Report No. DS2022-050 Page 6 of 16 Page 190 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... a)those land uses permitted in the Agricultural designation; b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); d)limited residential development,subject to Section 3.7.11; e)home occupations and home industries; f)cemeteries;and, g)other rural land uses. 4. Township of Oro-Medonte Official Plan The 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 natural heritage features on the subject property and the surrounding areas; • No new services or infrastructure are proposed to support the accessory structure; • There are no wetlands or Provincially Significant Areas of Natural and Scientific Interest located on or adjacent to the subject property; • The proposed structure maintains the built form and land use character of the subject property as a single detached dwelling, which is consistent and compatible with the surrounding community. While the proposed north interior side yard setback to the 3-seasons room is less than permitted under the prevailing zoning regulations, the proposed setback is consistent with that of the existing dwelling. Moreover, the minimum setback is only at the point where the 3-season room connects to the existing dwelling, with the setback increasing towards the rear yard. The reduced setback will be mitigated by the addition being constructed on only the north side of the dwelling and aligning with the rear yard amenity area and deck of the neighbouring property, as opposed to the side wall of the dwelling. Table 5 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.5.1 Goal STRATEGIC OBJECTIVES It is the goal of this Plan to protect,maintain and enhance the natural,agricultural A2.5 Rural Character and open space character of the rural area. Development Services April 6, 2022 Report No. DS2022-050 Page 7 of 16 Page 191 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... 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. d)To ensure that there is a clear spatial delineation between the Barrie and Orillia urban areas and the rural and agricultural area of Oro-Medonte. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. 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 3-season room (203 ft2) and uncovered deck (110 ft2) on the northeast corner of the existing 830 ft2 single detached dwelling. The proposal will allow for more efficient use of the subject property by adding floor area that can be used and enjoyed for a greater portion of the year than under existing circumstances. The proposed addition has been constructed to connect to the northeast corner and maintain the existing 1 .48 metre interior side yard setback, with the setback increasing as the addition extends into the rear yard. It is my opinion that the requested minor variance will facilitate enhanced and more efficient use of the subject property in a manner that is consistent with the land use and built form character of the subject property and surrounding community. There will be no adverse impacts to natural heritage features on and adjacent to the subject property, including the shoreline area. 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 Development Services April 6, 2022 Report No. DS2022-050 Page 8 of 16 Page 192 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variance will facilitate construction of a 3-season room and uncovered deck that enhances the use and enjoyment of the subject property in a manner that is consistent and compatible with the character of the surrounding community. The requested interior side yard setback maintains the existing setback to the existing portion of the dwelling and increases as the addition extends into the rear yard. 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 requested minor variance is mitigated by the location of the addition and uncovered deck relative to surrounding dwellings. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The proposal and requested minor variance will facilitate enhanced land use and built form that is more efficient than under existing conditions, that 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 additions and an uncovered porch that enhances use of the subject property in a manner that is consistent and compatible with the existing built form character and use of the subject property for a single detached dwelling with accessory structures. 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 existing dwelling is relatively modest in size and the proposed additions do not trigger any minor variances related to floor area, lot coverage or building height. The 3- Development Services April 6, 2022 Report No. DS2022-050 Page 9 of 16 Page 193 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... season room will provide additional interior floor area that can be enjoyed throughout a greater portion of the year than the existing uncovered deck without adversely impacting the character of the dwelling relative to the neighbouring properties and dwellings. The requested minor variance maintains the existing north interior side yard setback and is only required for a portion of the 3-season room, since the setback increases as the structure extends into the rear yard. 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: 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 — On-site sewage system and components shall be identified on site plan with clearances from building. • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Operations — No comments. Attachments: Development Services April 6, 2022 Report No. DS2022-050 Page 10 of 16 Page 194 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... 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-15 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 4, 2022 Development Services April 6, 2022 Report No. DS2022-050 Page 11 of 16 Page 195 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... CY•Rd,7 Lakeshore Rd.W. ooRnoR�Re. Qd9 20 18 16 14 12 10 8 4 2C 275 279Lakeview Rd. 1 1144 13 277 5 1146 r6 8 7 1161 8 E 10 9 7 1160 J > > Q 12 Q 11 m 1166 3 10 14 > 1173 38 E 9 1170 16 a 15 12 11 1176 18 19 14 15 1182 1185 20 17 1186 22 14 8 1195 7 24 F— - GreenW o0 d Forest Rd. Balsam-Ln. 13 11 9 7 5 3 1 25 23 21 19 17 15 27 29 1 3 Kempenfelt Bay Schedule 1 Location ' f OA ® Subject Lands (�T"� t� Proud Heritage,Escitirrg Fndnr 0 100 rn Ji File Number:2022-A-15 A' I i i i I Development Services April 6, 2022 Report No. DS2022-050 Page 12 of 16 Page 196 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... R Isla IR Moneah aney rroe. r r. G7 Q d O V E CO t r Greenwood Forest Rd. Schedule 2 Aerial Photo f Township of Subject Lands Proud Heritage,Exciting Future 0 20 m File Number:2022-A-15 ti 1 Development Services April 6, 2022 Report No. DS2022-050 Page 13 of 16 Page 197 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos ;4 Existing Dwelling and Parking on Subject Property Existing North Side Yard Setback(from rear yard) ` 9 � r h c rz. eI, r. Neighbouring Property to the North(viewed from rear yard Proposed Location for Rear Addition(3-Season Room and of subject property) Uncovered Deck) Development Services April 6, 2022 Report No. DS2022-050 Page 14 of 16 Page 198 of 375 6.g) 6.55 p.m. DS2022-050, Michael Barton, Township Planning Consultant ... 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Township of Report r 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-037 Development Services Catherine McCarroll, Committee Intermediate Planner Meeting Date: Subject: Motion # April 6, 2022 Minor Variance Application 2022-A-16 Roll #: Peter and Crystal Rosewell R.M.S. File #: 4346-010-003-23400 433 15/16 Sideroad West D13-60456 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-037 be received and adopted. 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 deferred to allow the opportunity for the applicants to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.6 hectares (1 .5 acres) and contains a single detached dwelling and several accessory structures. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The subject property contains significant woodlands; and as a result, the property is zoned Environmental Protection (EP). Minor Variance 2021-A-29 was approved on May 5, 2021 to permit the construction of a 99.3 square metres (1,069.5 square feet) addition to the existing single detached dwelling and a new detached accessory building (garage) with a floor area of 66.8 square metres (720.0 square feet) in the Environmental Protection Zone. The applicants have revised their plans by rotating and enlarging the detached accessory Development Services April 6, 2022 Report No. DS2022-037 Page 1 of 19 Page 210 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... building; therefore, the applicants are seeking to revise the relief granted by the Committee. The applicants are seeking relief to the following section of Zoning By-law 97-95, as amended: Table A5 — Permitted Uses in the Environmental Protection (EP) Zone Permitted: Proposed: Only existing uses permitted. To permit a detached accessory building No buildings or structures, except those in the Environmental Protection Zone. required for floor or erosion control. Section 5.18 — Non-Conforming Uses Permitted: Proposed: No lands shall be used and no building or To permit a detached accessory building structure shall be used except in in the Environmental Protection Zone. conformity with the provisions of this By- law unless such uses existed before the date of passing this By-law and provided that it has continued and continues to be used for such purpose, and that such use, when established, was not contrary to a By-law passed under Section 34 of the Planning Act. Section 5.27 Setbacks from Limits of Environmental Protection Zone Required: Proposed: Notwithstanding any other provision in 0 metres (0 feet) this By-law, no building or structure... shall be located within 30 metres (98.4 feet) of the boundaries of the Environmental Protection Zone. Section 5.1.3 (a) — Permitted Locations for Detached Accessory Buildings Required: Proposed: Not be located in the front yard. Located in the front yard, approximately 15.14 metres (49.7 feet) from the front lot line. Section 5.1.6 — Maximum Floor Area Required. Proposed: 70.0 square metres (753.5 square feet) T75.2 square metres (810.0 square feet) The applicants' site plan and elevation drawings are included as Schedules 3 and 4 to this report. Development Services April 6, 2022 Report No. DS2022-037 Page 2 of 19 Page 211 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. However, the proposed development is located within the minimum vegetation protection zone of a provincially significant wetland located north of the property and within a significant woodland. Section 2.1 .5(b) of the PPS states that development and site alteration shall not be permitted in significant woodlands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Section 2.1.8 also states that development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Comments have been received from the Lake Simcoe Region Conservation Authority (LSRCA) regarding their review of the previous Minor Variance application and they advise that they will not require a natural heritage evaluation for the proposed development as the subject property and proposed development is already buffered by the road (15/161h Sideroad West) to the provincially significant wetland located on the north side of 15/161h Sideroad West. However, Planning Staff is of the opinion that an Environmental Impact Study or Natural Heritage Evaluation is required to demonstrate that there will be no negative impacts on the significant woodland that is identified by the Township's Official Plan as being adjacent to and potentially on a portion of the subject lands. Therefore, Planning Staff is not in a position at this time to conclude whether the application is consistent with the Natural Heritage policies of the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed development is consistent with the Rural Areas policies in the Growth Plan as the applicants are proposing a detached accessory building which is accessory to the existing residential use. Section 4.2.3 —Key Hydrological Features, Key Areas and Key Natural Heritage Features also applies to this application as the proposed development is located within significant woodlands. Specifically, Section 4.2.3.1 states: Development Services April 6, 2022 Report No. DS2022-037 Page 3 of 19 Page 212 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... "Outside of settlement areas, development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for: ... e) expansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan, subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure;" (p. 42-43). Section 4.2.3.1 (e) is a non-conforming use (grandfathering) policy that recognizes that there are instances where existing structures and uses should be permitted to expand provided specific requirements are met. The specific requirements that this policy identifies are that no other alternatives are available and that the expansion is to be limited in scope. In this instance, the applicant has not provided any supporting studies to the Township that identifies that the detached accessory building is in the best site for development on the property given the existing significant woodland feature and that no other alternatives are available. On the basis of the preceding, Planning Staff cannot conclude that the proposed development conforms to Section 4.2.3.1(e) of the Growth Plan as it applies to this application. Lake Simcoe Region Conservation Authority (LSRCA) The Lake Simcoe Region Conservation Authority (LSRCA) was contacted regarding this application and they indicated that their comments would not change as a result of the minor changes to the application; therefore, they did not require a resubmission. The LSRCA provided the comments below as part of the original circulation of Minor Variance application 2021-A-29. • the subject property is regulated due to the minimum vegetation protection zone (VPZ) of the adjacent Provincially Significant Wetland (PSW) (Hawkestone Wetland Complex). • the proposed addition and accessory building are not within the vicinity of any hazard lands. • the proposed development will be located within the minimum vegetation protection zone (VPZ) of the adjacent PSW. • LSRCA will not require a natural heritage evaluation for the works as the proposed development is already buffered by the road. • the LSRCA is satisfied from a watershed management perspective that the application is consistent with natural heritage and natural hazard policies of the Lake Simcoe Protection Plan (LSPP). • a permit will be required from the LSRCA. Development Services April 6, 2022 Report No. DS2022-037 Page 4 of 19 Page 213 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... The LSRCA's full comments for Minor Variance application 2021-A-29 are attached as Schedule 9 to this report. Note: For applications that intend to build onto a legal non-conforming use, the consideration is to be based upon both the desirability for development of the property in question and the impact on the surrounding area. An application for an extension of a non-conforming use does not have to meet the four tests for a minor variance. County Official Plan The property is designated Greenlands in Simcoe County's Official Plan (refer to Schedule 5). The Greenlands designation seeks to protect and restore the natural character, form, function and connectivity of the natural heritage system. The County's natural heritage system includes significant woodlands among others. Section 3.8.14 states that local Official Plans may contain policies and mapping that detail the criteria for determining significant woodlands in accordance with the definition of significant woodlands as defined by the County's Official Plan. Significant woodlands can also be determined through an Environmental Impact Study (EIS). According to Schedule B — Natural Features of the Township's Official Plan (see Schedule 7), the subject lands contain Significant Woodlands. Based on the fact that Planning Staff have not received an Environmental Impact Study or Natural Heritage Evaluation from the applicant that identifies that the detached accessory building is in the best site for development of the property and given the presence of the significant woodland feature and that Staff have yet to receive comments from the County, Planning Staff are not in a position to conclude that the proposed development conforms to the County's Official Plan. Township Official Plan The subject lands are designated "Agricultural" and "Environmental Protection Two" in the Township's Official Plan (refer to Schedule 6). The intent of the Agricultural designation is to: • maintain and preserve the agricultural resource base of the Township; • protect land suitable for agricultural production from development and land uses unrelated to agriculture; • promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township; and, • preserve and promote the agricultural character of the Township and the maintenance of the open countryside. Permitted uses in the Agricultural designation include single detached dwellings and by extension accessory uses, including detached accessory buildings. The subject lands are also within the Environmental Protection Two designation due to the presence of significant woodlands on the lands (refer to Schedule 7). The intent of the Environmental Protection Two designation is to: Development Services April 6, 2022 Report No. DS2022-037 Page 5 of 19 Page 214 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... • protect environmentally sensitive areas from incompatible activities and uses that would have a negative impact on significant natural features and functions; • maintain and enhance the ecological integrity of the natural heritage system; and, • protect from incompatible development significant woodland features and wildlife habitat areas and the ecological functions they provide. The `Environment-First' philosophy is a land use planning philosophy that is to be considered in making all planning decisions whereby the importance of maintaining, restoring and where possible, enhancing or improving natural features and ecological functions is recognized and promoted as a Township priority, to be considered with other interests in accordance with Provincial Policy and Legislation (Section Al). Staff is of the opinion that the applicant is required to prepare an Environmental Impact Study or Natural Heritage Evaluation demonstrating conformance with all natural heritage policies of the PPS, Growth Plan, and County and Township Official Plans. Township's Zoning By-law The subject property is zoned "Environmental Protection (EP)" in the Township's Zoning By-law 97-95, as illustrated on Schedule 8 to this report. According to Table A5 of the Township's Zoning By-law, single detached dwellings and accessory uses are not a permitted use in the EP Zone. The applicants have requested relief from the Zoning By- law to permit the construction of 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. The general intent of the Zoning By-law in prohibiting detached accessory buildings, such as garages, in front yards is to ensure the dwelling remains primary in both use and appearance on the lands, particularly when viewed from the street, and to ensure that there is adequate space for parking in the driveway. The applicants have requested to build their detached accessory building in front of the single detached dwelling, approximately 15.14 metres (49.7 feet) from the front lot line. In Planning Staff's opinion, the proposed one storey garage, at 75.2 square metres (810.0 square feet), would be sufficiently smaller than the existing single detached dwelling, at 176.26 square metres (1,897.3 square feet) according to the application form, to ensure that the dwelling maintains its appearance as the dominant structure on the property. In Planning Staff's opinion, there remains adequate space for off-street parking along the existing driveway. Detached accessory buildings are subject to maximum size restrictions to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot, and to prevent over-development that would detract from the character of the area. The applicants are proposing to build a one storey detached accessory building (garage) in front of the dwelling and have requested an increase in floor area from 70.0 square metres (753.5 square feet) to 75.2 square metres (810.0 square feet). Despite the proposed increase in the floor area, the proposed accessory building will meet the maximum permitted lot coverage of 5%. Development Services April 6, 2022 Report No. DS2022-037 Page 6 of 19 Page 215 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... The accessory building is proposed to be located in the Environmental Protection Zone. The EP Zone serves to preserve and protect the environmental features, and acts as a buffer around the significant woodland located on the subject property. 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. Upon site visit, Planning Staff noted that the detached accessory building is proposed to be located in a treed area where there are mature trees, some of which appear to be dead or diseased, and may require the removal of healthy trees. As mentioned above, additional information is required to be submitted by the applicant to address the impact of the proposed development on the significant woodland. Given the comments mentioned in the preceding sections of this report with regards to conformity to the PPS, Growth Plan, County and Township Official Plans, Planning Staff are not in a position at this time to comment on whether the requested variances are considered to meet the purpose and intent of the Zoning By-law, and would be considered appropriate and desirable development of the lot. 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. Development Services April 6, 2022 Report No. DS2022-037 Page 7 of 19 Page 216 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... 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. • Township Infrastructure and Capital Projects — No comments. • Township Building Division — No comment. • Lake Simcoe Region Conservation Authority (LSRCA) — Their comments have not changed from their review of Minor Variance 2021-A-29. Their original comments are attached as Schedule 9 to this report. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Elevation Drawings Schedule 5: Simcoe County Official Plan - Land Use Schedule 6: Township Official Plan - Land Use Schedule 7: Township Official Plan - Natural Features Schedule 8: Zoning By-law Schedule 9: Lake Simcoe Region Conservation Authority comments dated April 27, 2021 for Minor Variance 2021-A-29. Conclusion: Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2022-A-16 be deferred to provide the applicants the opportunity to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services March 31, 2022 Development Services April 6, 2022 Report No. DS2022-037 Page 8 of 19 Page 217 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... Schedule 1: Location Map 7 J"'T Narseaho V 11 y"d. I Ti fl I�d•Bar Nd. N V 1(lidge 4°aA 678 840 430 15/16 Srd W 433 633 405 Schedule 1 Location To wnsh ip �f ` ®Subject Lands Proud Heritage,Exciting Future 0 200 m File Number,2022-A-16 Development Services April 6, 2022 Report No. DS2022-037 Page 9 of 19 Page 218 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... Schedule 2: Aerial Photo vaserl+a. aroa•aa. _l xaraAeMAe`�fall y Rd. ` b• If 15/16 Srd. W. i Schedule 2 Aerial Photo Township of �` ®Subject Lands Proud Heritage,Exciting Future 0 30 m File Number,2022-A-16 N I I I 1 Development Services April 6, 2022 Report No. DS2022-037 Page 10 of 19 Page 219 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... Schedule 3: Applicants' Site Plan 1-7 / _rx CAD HYORO POLE� IGP4'�:.. 3` '� C+•y- p p s '�,�0��.fl D,y ° ° •V Ow OLD MAPLE L. � TREE ROW ARc ` OLO MAPLE I OLD MAPLE TREE ROW CUVEFiF.O PROPOSED15m. PrAWOM82-91M 4} O6JEREO LEOK[PEN Y 3.5 STOREY OANACE SEP= FXPREvzoxlxD TAFdc 3 TRUO AIY-ARXISTINGWOOD O ] GRAWL TREEDAREA FRAME ADDITION TO DRIVEWAY - BE REMOVED DRILLED WELL PROPOSEDROOFOVER . 20.M, 2.Em x&Sm EXISTING DECK EXLSTING h' (PER EMP"AIRNO LAWN TRACTOR SHF] DiTCH1SWA11 CERTIFICATE/ 9207#90} o L OLL OLA Weil 5.50n /DDMON FPHANOONEDd COW:R£U 2 ,1 j SLIGHT SLOPE TREED AREA td EOSTINCWOOD 15.tlm � 4 SfEOTDSE �+ REMOVED o I EXMING QARIC Ismom BE i RELOCATED S.Sm FROM WEST .' S; 3 PROPERTY LINE AS SHOIAN 3�T i '� --CRASS ARFA "tALE£NCE PSdISTREE LOB' { RNL FENCE AND TREE IkNE : -... „......- a .,....,.-.�,-.. . I I { $ IAEFDARFA FR IJ REA Schedule 3 MAIL Applicant's Site PlanTownship o File Number 2022-A-16 Proud Heritage,Fxciting Future Development Services April 6, 2022 Report No. DS2022-037 Page 11 of 19 Page 220 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... Schedule 4: Elevation Drawings FRO Pvs _ 00'r07-ckiC19 Ea �� y 7PT --- FTI-.- TO-- im J / U, —_ 1a Xr0 UUGRN(i�/J {II �� gour+caeMtl Doo2 s C047,40 Z 7 -_- - --� _ _-.� Schedule 4 Applicant's Elevation Plan T kt f File Number 2022-A-16 Proud Heritage,FxcitinQ Future Development Services April 6, 2022 Report No. DS2022-037 Page 12 of 19 Page 221 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... Schedule 5: Simcoe County Official Plan - Land Use aeeY'Rd. Moon,-" Rd. p e¢hp valley R. Fii d-JWle,Rd ss �Ridge�R 95/16 5rd, yy Schedule 5 County of Simcoe — Land Use C!subject Lands Agricultural Towruhap of�� / � Greenlands - Rural Proud Heritage,Fxchin.!Ftimre 0 200 m File Number 2022-A-016 I Development Services April 6, 2022 Report No. DS2022-037 Page 13 of 19 Page 222 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... Schedule 6: Township Official Plan - Land Use �¢y'Rd. Moonston Rd. p—h—va1ky]Rd. —ii F. d•J'JIe�Rd.� ss Bra F 15116 Srd, W Schedule 6 Township Official Plan - Land Use C!Sub ect Lands Environmental Protection Two [/y�_To—(w�ru�hfa-71 p�_'o/f��//�� /� Agricultural ere _Environmental Protection One Proud Heritage,Fxcitin.� Fuu a 200 m File Number 2022-A-16 ti I i i i Development Services April 6, 2022 Report No. DS2022-037 Page 14 of 19 Page 223 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... Schedule 7: Township Official Plan - Natural Features - 'Rd. poonzmnna. >•:. g 2 i w^kr y��+ .�y'i�4. -. *�.s 1 ...,,' }:G 1. _: ♦C � ay'(.Y v.•1 "? -�"L G r i'`'-'F � �.,`,�, w�1.� �P - i}�i..+.i.a i V1 t•, 5 y 3 y 95.E 1 "dsy )l `�i' 15116 5rd .W. �y Schedule 7 Township Official Plan - Natural Features Subject Lands -,.'a" Environmental Protection 2 (/�Towruh' Significant Woodlands Proud Heritage,Fxcitiuq Furure Provincially Significant Wetlands(EP1) 0 200 m File Number 2022-a-16 Development Services April 6, 2022 Report No. DS2022-037 Page 15 of 19 Page 224 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... Schedule 8: Zoning By-law —.va:lr•Ra.- AV _Moonzmne al. e;!=�ee.�ltllr.Rtl. Itl.e�!•Rtl� �Rid9e�Reab,� EP A/RU RUR2 15116 Srd. W E AMU A/RU Schedule 8 Existing Zoning Towruhap of�� 0 RUR2(Rural Residential Two) ��:�'�e�'/� 1 Subject Lands Proud Heritage,Exciting Furure 0 A/RU(Agricultural/Rural) M EP(Environmental Protection) 0 200 m File Number:2622-A-16 I I I Development Services April 6, 2022 Report No. DS2022-037 Page 16 of 19 Page 225 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... Schedule 9: Lake Simcoe Region Conservation Authority comments dated April 27, 2021 for Minor Variance 2021-A-29. IQUke 9imcoe Region CrinSgrvati€in authority, Sent by E-mail:akarorskakisP ara-medsante.ca April 27,2421 File No:2421-A-29 IMS File No.: VA-34M91-04222.1 Andy Kara iska kis Secretary-Treasurer Townshi p of Ora-Medante 148 Line 7 South Oro-Medonte,ON LOL 2EI] Dear Mr_Karaiskakis: Re: Minor VarianreApplication 433 15/16 Side road Township of Oro-Medonte LSRCA staff have reviewed the above-noted application for MinorVariance to construct an addition to the existing single detached dwelling and a detached acce-Awry building in the Environmental Protection Zone. Documents Received and Reviewed by Staff Staff have rereived and reviewed the following dgxurttents submitted with this application: f Applicant's Site Plan Staff has reviewed this application as per our delegated responsibility from the Province to represent prouinrial interests regarding natural hazards identified in Sertion 2.1 of the Provincial Policy Statement j PPS,202M and as a regulatory authority under Ontario Regulation 1791ii16_ The appliration has also been reviewed through our role as a publir body under the Planning Act as per our CA Board approved polices. Site Characteristics Existing m app=ng indicates that the subject property,is regulated due to the minimum vegetation protection zone of the adjacent Provincially Signifirant Wetland(liawestone WAetlarxl)atross Che street. + The subject property is currently designated Agricultural in the Towrn sh ip of Oro-Medonte's.Official Plan- * The!wbject property is currently zoned Environmental Prot6dion(EP)Zane. 120 Myvievs Parkway 7 9105.995_1281 Newmarket, bntarlo L3Y 3W3 F 9105.953.5g81 Member of Conservation Ontario TF 1,800,465.0437 Development Services April 6, 2022 Report No. DS2022-037 Page 17 of 19 Page 226 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... Lake Sr--I° I°Ri,iIil;il co- Ise n••e. Page 2 of 3 _ _ lyrirrr WE iarr�aa� •Le ❑ .rxr�lww.O..i�wwsrr ..11 YAti-hd Ctr&�p K.Wh b-0--dM Fvl+�l'rarn P-c Vt} ■ 13 — 11cedFLn SMsl Nam,AM4 O.a�.er Pfd lul,End CvvmaYis. — 4YYfYiIBE.fia ■ �a®r� Lf*w T�1 Mw** r} +NMI Id.Ll�v.�u. .rr r a..�r�erra� w�rs1�•,r'1.iiun+esli.Yl4 aYAo.FF s.��na s�.a:—rs.y,asi.oar Aae" �E2} im. ■i F 44 Q 1. LSRCA has reviewed the applicatidn through our delegated responsibility from the Province to represent provincial interests regarding natural hazar&iderdikd in Section 3.1 of the Provincial Policy Statement (PPS, 2020) as well as the natural heritage-policies of the PPS a nd other provincial policies such as the Growth Plan JA Place to Grow,2112M and the LSPP. The proposed addition and accessory build ing are not within the vicinity of any hazard lands. They will be located within the minimum vegetation protection zwe-JVPZ� of the adjacent Provincially Significant Wetland(PSW)_ LSBCA will not require a natural heritage evaluation for the works as the proposed development is already buffered by the road_The proposal is therefore consistent with Section 3.1 of the PPS. 2. LSl$CA has reviewed the application as per our responsi bilitie� as a regulatory authority unider Ontario Regulation 129f 136_ This regulation, made under Section 2$ of the Corrser6wi-0,� Ala fees Act, enables conservation authorities to regulate development in or adjacent to river or stream val legs,G reat La kes and inland lake shorelines, watercourses, haaardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erasion, dynamic Development Services April 6, 2022 Report No. DS2022-037 Page 18 of 19 Page 227 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... Lake 51Mc0e Region _21E.:- ....:9 aLtr.^.'it'r Page 3 of 3 hearhes, pollution or the conser,ration of land are not affected. LSRCA also regulates the alteration to or interference in arryr way with a waternour+}c Or wetlarnd_The location of the addition and accessory building are within the VPZ of the PSW and wilI the•refone require a pernnit from LSRCA. Surnrnaryr tSIiRA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and natural hazard polities of the LSPP_The prDposal will require a permit from LSRCA. On this oasis,any approval of this application should be subject to the following conditions.: 1. The owner will obtain a permit frorn LSRCA for works within the reSulat6d area. 2. The Owner shall pay tSACA$525 for review of this minor variance application_ Please inform us on the resulting decision for the Application_ Sincerely, 3 5� Shawn Filson Planner 1 Development Services April 6, 2022 Report No. DS2022-037 Page 19 of 19 Page 228 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... M) AAA 'W v! �'O/ 3 I..L y I I N N O N O C6 •U A-j Q o Q (D � o (D ° o °6 7 o Cu U) a� cu a� U i O to > LO E 0) Q 0 M . . . . C . . LU G . . a E 0 0♦"' •— G� N w O w U Page 229 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... �4 1 1 I ec a) 0) �} f O � o N a) a) � M (/� •LU (6 � to � O cu O ° � N LPL >_ V 0 .0O (U �+ U -0 m r � o o Q O O M .O O N O N ' V U C U C NO W N 0 .0 0 .0 N o a� 0 0 `� L- -C 0 0 coa 0- N QL 4-0 � c � c Moo0) o Ec U) Ec �_ 0 o o ° o o Oo > o > a � w a � w +� cU — L o � (6 cn 4-0 Q o • 0 0 o axi c}n P � M _^ Q d O N N UU c 0 V — w °) �• • Q o 0 0 '� � � o L � � � N A` V p W Q w }� o O a� cn U L- -c 0- 0 0 � = oc5 >_ 0 L cu Q a ai L � o co o 3: T 0 Q >c � w - 2 Q-m T L i 0cu N o c o a) U o cn cn i! (n L C •� � a� a)o c co •> c c o ° 5 Q aU U aco c � G •— o cn � c c o 0- a) °c >_ o � o o cn Q O E c o Z = � 91 �(O 0 n a) E Q occ cn c a) c o c 5 a`) o c +° co N (� (6 (� u aoZ ° az ° -0 cu as Page 230 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... �4 AAA N ^L+ W U) V r O �\ W ^W ry O N L D (Q O p ' C) 0 co N � - 4- ^L+ O L N = L � U) D U) U) 0- _ o o °� `� N cu O O �' O U ~ QN O O O Q_ O (n U U) .� o Q CL /r 1 O U �\ F= co � N 1 O U) = U L .O L L i W CZ U) ^�++ W a w O (Q U) o a 0 O J cu O — � �+ 1O to / L 'L W �--+ Ll LO O O L `— I� to D O N O v c a < U) V I c M a) .� � U ai a� 4- 0 coI n o N cY) co N O � j O a) p O D �_ a U Z U) U) Page 231 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... w \\ Y :5 W W � n� V O *%%-WOO '1 N O N O � _ c it L it U Cu .L— C6 O 0 .c: o � a L Q Page 232 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... �4 AAA W 'W v! ry Wa cu CL cu °I ° TVA II � � � r E�W o,. �• w I U n e .� m3tlXN 313063-._ ■ \/cu a `O i ■ M CL Q Page 233 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... M) g AAA ?c O x® ry 0 7JJ� k I lx N \I - O 6f 1 O cu U CL v� 4 Cu y O cu i > W qCL _ 1, Q Page 234 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... �4 AAA W 'W v! ry *%%-WOO I I N N O N O_ y y cu U Q Q Q a N _ a�j c �L O c 0 L- E O �.� vn .� 4- . . cn 50 CD � CJ N CO O Page 235 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... �4 AAA W 'W v! ry *%%-WOO I I N N O N 3 Oe C6 U Q U � Cu .v L O O C3. Q i7 U CL :5 @ N [L E J � C O U O 5 � � } w Q w Li 0110 Page 236 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... �4 AAA W 'W v! ry *%%—WOO tv F��y L � y ;• N u AV4 O �<r •v .y its 1 r'. c a > ca .� ca O `~ N Ql O ca a z ■ � f!] O a] i ru C _ 7 J (L) � } }I W Cn O_ } r Page 237 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... �4 AAA W 'W v! ry *%%-WOO I N N O N O p c a U a Q— Q— Q n, a W U1 B cu .L— cu ■ ■ U O y � ov a Elf ■� 9 C4 W V/ ci� Q w W �� ❑ ❑ ❑ Page 238 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... x �4� L1 J °w V t _^ it VJ O ca _0 -- - ca 0 0) cu CL O _ e U 0 n cu cu cu &i w a)g pia 5Y ¢ ,. Is zlllf (41 Is I ME 3.11 s� Page 239 of 375 1 1 • �c��=�i.YC►��„�1��9i��aS�a��, � '`-�`�_ m Saar,�_� AAA 6.h) 7-05 p.m. IDS2022-37, Catherine McCarroll, Intermediate Planner re- QL cu r • - • cu �ranra G/% 1 1 • 75 Page of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... 41 w + _0 V ' Wn o �tJ 1. .a •a 4-0 - a) _0 0) •� X w O J f 1 ,Ii1�# d4z r r t � 4� 4 O U I� •ram- i It � cu its •�\ ' r Cu cn cn 3 O cu 4 0) F . 41 z - � a w Page 241 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... f < �� .^'fix a��• +� (D f _0 0) — _0 N a� (D Z3 �� - Q O O C6 �,. Q- O �., CQ � . U QL QL O , cu ca O �G Page 242 of 375 6.h) 7.05 p.m. DS2022-37, Catherine McCarroll, Intermediate Planner re: ... ^ o E � � W ti t o o Q aD Al O O V VJ O E � E a� o o o c�a � � > L L70 O O � Lu 0 •c.) 75 4) A �� U a- N O t ^ U U U T 0 N ( � OL QN N N (n � � C) 04 L N U) in U 4--j Q 0) N M '0 vj `u -0 ( N (B E U > CO 0) In O N C 1 = ti OC > Q 73 O N CV (a >, L Q Al V N � M to O N � (n O .V N N -00 U O � 5 M U cB cB E Q 70 N N N . . CV N •— 10 N Q U U N O to U) Z O N E — Q � O U >+ (a C _0 O O -- c 73 + G E o 73o U 73 E E � o c� O O O O L L cB c N v 0 � 0 � a-4-- (n co • Page 243 of 375 6.i) 7.15 p.m. DS2022-038, Catherine McCarroll, Intermediate Planner re:... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-038 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # April 6, 2022 Minor Variance Application 2022-A-17 by Craighurst GP Roll #: Inc. R.M.S. File #: 4346-020-001-00800 Concession 1 West Part Lot D13 60460 41 Medonte Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-038 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 Report DS2022-038. 3. The conditions are as follows: a) That notwithstanding Section 5.35 of the Zoning By-law the model homes and sales office shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed buildings 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; c) That the applicant satisfy the permits and approvals required from the Nottawasaga Valley Conservation Authority; d) That the applicant satisfy the permits and approvals required from the County of Simcoe; e) That the applicant enter into a Model Home Agreement with the Township, that the applicant provide the Township with securities pursuant to the Agreement and that the Agreement be registered on title; and, f) That the applicant apply for and obtain the appropriate Zoning Certificates, Engineered Lot Grading Plans and Building Permits 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 April 6, 2022 Report No. DS2022-038 Page 1 of 11 Page 244 of 375 6.i) 7.15 p.m. DS2022-038, Catherine McCarroll, Intermediate Planner re:... Background: The subject lands currently consist of a single 27.1 hectare (67.06 acre) property, according to MPAC records, and are located in the Craighurst Settlement Area. The applicant obtained Draft Plan Approval in 2019 from the Local Planning Appeal Tribunal for the development of 319 residential units and associated uses in the subdivision known as Craighurst Crossing. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The developer has applied for a Minor Variance to permit the construction of two (2) model homes and one (1) sales office which would ultimately become permanent single detached dwellings within the subdivision. The applicant is seeking relief to the following Section of Zoning By-law 97-95: Section 5.35 — Temporary Construction and Sales Uses Required. Proposed: Maximum number of model homes: 1 2 model homes and a sales centre 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. The intent of the PPS is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Specifically, Section 1.1.4 — Rural Areas and Section 1.1 .3 — Settlement Areas are applicable to this application. 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. The subject lands are located in an established Rural Settlement Area (Craighurst) 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. Therefore, Planning Staff is of the opinion that this application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of Development Services April 6, 2022 Report No. DS2022-038 Page 2 of 11 Page 245 of 375 6.i) 7.15 p.m. DS2022-038, Catherine McCarroll, Intermediate Planner re:... the Growth Plan contains policies for "Managing Growth" and directs development to settlement areas. Section 2.2.9, Rural Areas, is also applicable to this application and Planning Staff is of the opinion that the proposed model homes and sales office associated with the future residential subdivision is consistent with the Rural Areas policies as the lands subject to this application are located within the Craighurst settlement area. Although there is a watercourse, wetland and woodland that run through the middle of the subdivision, the Natural Heritage System for the Growth Plan excludes lands within settlement area boundaries that were approved and in effect as of July 1 , 2017 (Growth Plan Section 4.2.2.1) and would be applicable to the subject lands. The subject lands are regulated by the Nottawasaga Valley Conservation Authority (NVCA). They reviewed the proposal to construct 2 model homes and a sales centre and based upon their mandate and policies under the Conservation Authorities Act, have no objection to the approval of the application. County 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, Craighurst is recognized as a settlement area in the Township. Section 3.5 of the County Official Plan contains policies relating to the "Settlements" designation. The objectives of the "Settlements" designation are to: "focus population and employment growth and development within settlements...to develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services...to promote development forms and patterns which minimize land consumption and servicing costs" (p.26). Settlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. Since the proposed model homes and sales office are associated with a new residential subdivision on the subject lands, Planning Staff are of the opinion that the Minor Variance 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. 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 April 6, 2022 Report No. DS2022-038 Page 3 of 11 Page 246 of 375 6.i) 7.15 p.m. DS2022-038, Catherine McCarroll, Intermediate Planner re:... Does the variance conform to 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 low density residential uses. Since the proposed model homes and sales office are associated with a new residential subdivision, the proposal is considered to conform to the general intent of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The lots on which the model homes are proposed to be located are zoned Institutional Exception 311 (1*311). Exception 311 states: "no structure may be erected within 10m of the right-of-way limit of Horseshoe Valley Road or Penetanguishene Road". The Institutional zoning was originally intended for a school block; however, the school site has since been proposed to be shifted to the north west. The applicants are currently working on a revised draft plan submission and a Zoning By-law Amendment to reflect the redline draft plan that is shown in the concept plan attached as Schedule 3 to this report. Generally, and in accordance with the Township's standard subdivision agreement, homes are not permitted to be constructed in a subdivision until all the necessary primary services (e.g. roads, water and/or sewer services, ditches and stormwater management facilities) are constructed to the satisfaction of the Township. However, recognizing that there is a practical need for a developer to have a facility on site in which to display, promote and conduct sales within the subdivision, Section 5.35 of the Township's Zoning By-law permits the construction of one model home in advance of this servicing of the subdivision. The number of model homes and/or sales offices to be constructed in an area is limited for various reasons, including to: • Avoid circumventing the required development approval process for the logical timing of construction of dwellings in a subdivision; • Minimize the risks or errors associated with the establishment of a home in advance of matters such as the registration of lot lines and acceptance of grading and services; • Limit the amount of vehicular and pedestrian traffic generated on an incomplete and un-assumed road system in order to promote safety and avoid traffic conflicts within an active construction site; and, • Avoid creating situations that could potentially lead to dwellings being occupied prior to the necessary Occupancy Certificates being issued and primary services being operational. Development Services April 6, 2022 Report No. DS2022-038 Page 4 of 11 Page 247 of 375 6.i) 7.15 p.m. DS2022-038, Catherine McCarroll, Intermediate Planner re:... However, the Township has in the past approved a Minor Variance to permit up to three (3) model homes in circumstances where the applicant has demonstrated that additional model homes are necessary, while still satisfying the purpose and intent of the Zoning By-law. An example of such a situation might be a plan of subdivision containing a relatively large number of lots and in which there is a reasonable need for the developer to be able to display a variety of architectural options being offered within the development, which may in-turn benefit the marketing and rapid build-out of the development. However, it is not the purpose and intent of the minor variance process to permit additional model homes in order to expedite the construction and ultimate occupancy of homes within a development in advance of the completion of the primary services. Planning Staff, having considered the applicant's request, is of the opinion that the proposed two (2) model homes and one (1) sales office is in keeping with the Township's past practice where similar variance requests have been received, would be appropriate and would still afford the developer the ability to display a range of home designs while managing the risks identified above. On this basis, Planning Staff finds that permitting up to two model homes and one sales office meets the purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff notes that the proposed model home locations are on the future road near the entrance into the development. These locations would help to minimize conflicts between construction equipment/activities and people/vehicles crossing the site to visit the model homes. Since, one model home is already permitted to be constructed as-of-right on the lands and, in Planning Staff's opinion the construction of one additional model home and a sales office, all in close proximity near the entrance is not expected to significantly increase the degree of conflict between the movement of potential home buyers across the site and construction activities. Even though the individual lots are not registered, it will be necessary for the developer to demonstrate that the positioning of the homes on the future lots and their driveway locations are in compliance with the Zoning By-law and with the ultimate engineering design of the subdivision. Therefore, Planning Staff is of the opinion that up to two model homes and a sales office are desirable and appropriate. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance can be considered minor if they are limited to a maximum of two model homes and one sales office and the developer enters into a Model Home Agreement with the Township which would contain provisions for securities to guarantee compliance and by which the developer would agree to requirements that include: • Municipal services such as water and sanitary sewers will not be provided on a temporary basis; Development Services April 6, 2022 Report No. DS2022-038 Page 5 of 11 Page 248 of 375 6.i) 7.15 p.m. DS2022-038, Catherine McCarroll, Intermediate Planner re:... • The model homes will be serviced in the normal course of servicing the proposed development; • The finished floor elevations will be designed to conform to the Township approved grading plan for the subdivision; • The site around the model homes will be totally landscaped utilizing sod and shrubs in order to create a finished appearance to the site; • There will be no residential occupancy of the model homes until substantial completion of the registered plan of subdivision has been granted by the Township and no occupancy permits will be issued until all the underground services and roads have been constructed and accepted by the Township and the Plan of Subdivision has been registered; and, • The future public road will be constructed and maintained by the developer, at the developer's cost, to a standard satisfactory to the Township for the purpose of providing safe and adequate access to the model homes, until such time as the road is assumed by the Township. By limiting the number of model homes to a maximum of two (2) with one (1) sales office and requiring the developer to enter into a Model Home Agreement, the variance would remain 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 utility and infrastructure plans. Development Services April 6, 2022 Report No. DS2022-038 Page 6 of 11 Page 249 of 375 6.i) 7.15 p.m. DS2022-038, Catherine McCarroll, Intermediate Planner re:... Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects — no comments. • Township Building Division — The model home being dry and constructed without potable water or a sewage system is acceptable from a building stand point. The holding tank for the sewage and the potable water cistern are both permitted until the installation of water and sewer and will be under permit through the Building Department. • Nottawasaga Valley Conservation Authority (NVCA) — No objection to the approval of the application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-17 be approved to permit the construction of a maximum of two (2) model homes and one (1) sales office, 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 March 31 , 2022 Development Services April 6, 2022 Report No. DS2022-038 Page 7 of 11 Page 250 of 375 6.i) 7.15 p.m. DS2022-038, Catherine McCarroll, Intermediate Planner re-... Schedule 1: Location Map Rtl� .Mill Mcm.l. III 3F 5F �K.R.rI I Old rn�.Rd L SRN! � 3 M.l! SN tg, 2�32 p 3478 3479 3#71 C 34@B _ 3468 i � 34581 a. 3442 _ 1922 '358 1 34M 3434 3435 3�24 3431 - 3412 3419 -� 3412 2D54 3405 25 - 2 Horseshoe Valley Rd.W. 3392 3239 2049 33136 1983 32M 3378 3215 2019 3370 32CQ 3302 3191 3350 3°45 3185 3175 Schedule 1 Location lurrvtYfrvp n( Subject Lands V j PYPif�11.Ci�']#A�C,�hY[EIN�FlflPiFg 1? 2pd M =ile Number:2022-.A-17 4, Development Services April 6, 2022 Report No. DS2022-038 Page 8 of 11 Page 251 of 375 6.i) 7.15 p.m. DS2022-038, Catherine McCarroll, Intermediate Planner re-... Schedule 2: Aerial Photo —V-Y'Rd.— -Mooneune•�. 93 XaraeEN�e�- 11k _ - _ 0 . N 0� BNCOE RW - d CD c a, s y .D a � 2 Horseshoe Valley R Schedule 2 4� Aerial Photo -�~ Touof Subject Lands /v1[ Proud Heritage,Exciting Future 0 200 m Fife Number 2022-A-17 N I i i Development Services April 6, 2022 Report No. DS2022-038 Page 9 of 11 Page 252 of 375 6.i) 7.15 p.m. DS2022-038, Catherine McCarroll, Intermediate Planner re-... Schedule 3: Applicants' Site Plan PR Y* `sww seal >:ti a 1 a /L.Msca Ped �CnVbOnm.neal,MeY®ewJW — - - ,. UDen:Dace bea . SwPe @lack ocA �y same 915irgMs M Sb1gMa P!k Land—wool well Black _ C..—M SRPec aa.n 3Wc. _ e �N_ '_ - - - H soshoo Valley Read County Rl, 5 Lots Park e1.89 ha (4.67ac) \ Ird7 - Featu•a Landscap Open Sp 0.15 ha am County Road No. 22 Schedule 3 4� Applicant's Site Plan --- File Number 2022-A-17 Pro+od Heritage,Exciting Future Development Services April 6, 2022 Report No. DS2022-038 Page 10 of 11 Page 253 of 375 6.i) 7.15 p.m. DS2022-038, Catherine McCarroll, Intermediate Planner re-... 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Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Development Services Prepared By: DS2022-036 Committee Catherine McCarroll, Intermediate Planner Meeting Date: Subject: Motion # April 6, 2022 Consent Applications 2022-13- 06 and 2022-B-09 by Joanne & Roll #s: Gilbert Dobson R.M.S. File #: 4346-020-006-05400 43 Stage Coach Road & D10-60447 4346-020-006-07102 Concession 12 Part Lot 16 D10-60475 Reference Plan 51 R23210 Part 3 Medonte Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-036 be received and adopted. 2. That Consent Application 2022-13-06 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 Report DS2022- 036. 3. The conditions for Consent Application 2022-13-06 are as follows: a) That the severed lands with an area of approximately 0.16 hectares (0.4 acres) be merged in title with the abutting property to the east, described as Concession 12 Part Lot 16 Reference Plan 51 R23210 Part 3 (Medonte), 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) That all municipal taxes be paid to the Township of Oro-Medonte. Development Services April 6, 2022 Report No. DS2022-036 Page 1 of 11 Page 265 of 375 6J) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... 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. 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 Report DS2022-036. 5. The conditions for Consent Application 2022-B-09 are as follows: a) That the severed lands with an area of approximately 0.04 hectares (0.1 acres) be merged in title with 43 Stage Coach Road, described as Concession 12 West Part Lot 15 Including 51 R-5287 Part 3 Reference Plan 51 R23210 Part 6 (Medonte), 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) That all municipal taxes be paid to the Township of Oro-Medonte. 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 Development Services April 6, 2022 Report No. DS2022-036 Page 2 of 11 Page 266 of 375 6J) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re- lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 6. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands proposed to be severed, retained and merged are located on Stage Coach road, north east of Highway 12. 43 Stage Coach Road contains a single detached dwelling and accessory buildings. Property roll number 4346-020-006-07102 is currently vacant, yet is proposed to contain a future residential use. Surrounding land uses predominantly consist of rural residential uses to the north and west and woodlots to the south and east (Refer to Schedules 1 and 2). Purpose of Application 2022-B-06: 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 from (43 Stage Coach lands** 43 Stage Coach Road Road) (4346-020-006- and Added to 4346- 07102) 020-006-07102 Frontage: Approximately 0 m (0 ft.) Approximately 169.0 m Approximately 121.0 (554.5 ft.) m (396.9 ft.) Depth: Irregular Irregular Irregular Area: Approximately 0.16 ha Approximately 5.51 ha Approximately 0.58 0.4 ac. 13.6 ac. ha 1 .4 ac. Use: Vacant Residential Future residential Purpose of Application 2022-B-09: The applicants are requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Development Services April 6, 2022 Report No. DS2022-036 Page 3 of 11 Page 267 of 375 6J) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... Lands to be Severed Lands to be retained** Total Merged lands* from (4346-020-006-07102) (43 Stage Coach 4346-020-006-07102 Road) and Added to 43 Stage Coach Road Frontage: Approximately 60.0 m Approximately 121.0 m Approximately 169.0 (196.9 ft.) (396.9 ft.) m (554.5 ft.) Depth: Irregular Irregular Irregular Area: Approximately 0.04 ha Approximately 0.58 ha Approximately 5.51 0.1 ac. 1 .4 ac. ha 13.6 ac. Use: Vacant Future residential Residential *Dimensions of 43 Stage Coach Road following Consent Applications 2022-B-06 and 2022-B-09. **Dimensions of 4346-020-006-07102 following Consent Applications 2022-B-06 and 2022-B-09. No new lots are proposed as a result of the boundary adjustments/lot additions. The applicant's severance sketch is included as Schedule 3 to this report. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) 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. Section 1.1.4 — Rural Areas in Municipalities and Section 1 .1 .5 - Rural Lands in Municipalities are applicable to these applications. 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. Based on the above, Planning Staff is of the opinion that these boundary adjustment 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 these applications. This section has been reviewed and Planning Staff is of the opinion that the proposed boundary adjustments are consistent with the Rural Areas policies in the Growth Plan as the proposed boundary adjustments do not represent "development" as defined by the Growth Plan. Development Services April 6, 2022 Report No. DS2022-036 Page 4 of 11 Page 268 of 375 6J) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... Nottawasaga Valley Conservation Authority (NVCA) The subject lands are regulated by the Nottawasaga Valley Conservation Authority (NVCA). The NVCA has been circulated the subject application and indicated that based on their mandate and policies under the Conservation Authorities Act, they have no objection to the approval of the applications. County of Simcoe Official Plan Property roll number 4346-020-006-07102 is entirely designated `Greenlands' in accordance with the County of Simcoe Official Plan and 43 Stage Coach Road is designate `Greenlands' and `Rural' as illustrated on Schedule 4 to this report. 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 these boundary adjustments are minor in nature as they will not impact the character of the rural area and the subject lands will be large enough to accommodate the current and proposed residential uses. Therefore, Township Planning Staff are of the opinion that these applications conform to the County of Simcoe Official Plan. 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' in "Schedule A — Land Use" of the Township's Official Plan. 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; and, • 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 Development Services April 6, 2022 Report No. DS2022-036 Page 5 of 11 Page 269 of 375 6J) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... 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 adjustments will not affect the viability of the current and proposed rural residential uses. As such, the proposed boundary adjustments are generally in keeping with the intent of the rural policies stated in the Official Plan, and otherwise conform to the boundary adjustment policies contained in Section D.2.2.2 as no new building lot is proposed and the resulting lot configuration will better accommodate the proposed residential use at property roll number 4346-020-006-07102. Therefore, Planning Staff are of the opinion that these applications conform to the Township of Oro-Medonte Official Plan. Township of Oro-Medonte Zoning By-law No. 97-95, as amended Both properties are zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. Table B4-A of the Township's Zoning By-law requires a minimum of lot size of 0.4 hectares (0.99 acres) for a single detached dwelling and Table B4-B requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. The lot configurations that would result from these boundary adjustments, 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 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 • 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 April 6, 2022 Report No. DS2022-036 Page 6 of 11 Page 270 of 375 6J) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... 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 Infrastructure and Capital Projects — No comments. • Township Development Engineering — No objection. • Nottawasaga Valley Conservation Authority (NVCA) - No objection to the approval of the applications. Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustments Schedule 4: County Official Plan — Land Use Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Applications 2022-B-06 and 2022-B-09 for the purposed of boundary adjustments be approved subject to the conditions outlined in the recommendations, and on the basis that the applications are consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro- Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services March 31, 2020 Development Services April 6, 2022 Report No. DS2022-036 Page 7 of 11 Page 271 of 375 6J) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... Schedule 1: Location Map v�JuT Maenamne•Aa. 105 H.—h,o rva lely�Hd. i+ I 22 a�kid9e.IR�.�d y.. 36 1130 44 54 64 74 Moon one Rd-re" 11 31 � N O n 3 12 11005 5329 226 226 5263 Schedule 1 Location ®Subject Lands 0 Proud Heritage,Exciting Future 0 200I71 File Number:2022-B-06d09 I i i i Development Services April 6, 2022 Report No. DS2022-036 Page 8 of 11 Page 272 of 375 6J) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... Schedule 2: Aerial Photo -�.a J`._ nama•Ha. C 40 dg ad a� C� I Schedule 2 Aerial Photo ��wr�t7rr of Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2022-B-06109 N I Development Services April 6, 2022 Report No. DS2022-036 Page 9 of 11 Page 273 of 375 6J) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... Schedule 3: Proposed Boundary Adjustments Existing Lot Fabric: Lot A Lot B Pro osed Boundary Adjustments: Lands to be added to Lot A Lands to be added to Lot B Schedule 3 Applicant's Consent Sketch Q °" f%�ec�o�tt� File Number 2022-B-06/09 Proud Rerit4ge,FxcitiraR Fuurre Development Services April 6, 2022 Report No. DS2022-036 Page 10 of 11 Page 274 of 375 6.j) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... Schedule 4: County Official Plan — Land Use —vacey'Rd.� -Moons—o ,Rdl. e;p=�ee.�adpr.Rd. �Ridge�R°?d V, 3 3 �j a 4 V) N O 3 r 7 A Moonstone_Rd.,�e 12 `N �A �O\W Off\ TI S Schedule 4 County of Simcoe — Land Use C!SubjeCt Lands Agricultural Ab- Greenlands Towr hip of� - Rural Proud Heritage,Exciting Future 0 300 M File Number 2022-6-06109 N I I Development Services April 6, 2022 Report No. DS2022-036 Page 11 of 11 Page 275 of 375 6.j) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... �i �I O N N O 5�ge VJ r O m 0 —A N o N N M N O m N 06 cFaf��a' � O c M M $ W N N O � � N cu O n Q (c) o 06 cu U }, O O M c: U A \ — -0 Q a) L- Q (6 � a) +� U) N D (U U . . . . N "t c (n to 4--j O O cn c: U ca U a) � •� '(� i p O O p —J N O C� Page 276 of 375 6.j) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... i) �I O - O a 0 �� o 4--j 0 O O U 4-0 U) N O � O = ti N 00 a-) ^ i L N W CO >1 4 M CD _0 L CD N � , ag � �o a) L c6 a) NE co N CD cu o �N & o Li Q Q 0 .0 Q o Q -0E M a) O M (u _ o E v ai m O w O � v � U >, � ca N • • p � a� 0 1—)M . -gca Q O + L M cn N M o 0 0 � Q 0 N171 J Q N O •— O w � N > O E L 0 P1 U) u oil- CD U (6 ) O 0 -0O ! ca U ca O '� U .0 13 ca N M I MN +r a) E o > }+ 2) N Q N X O Q ^� Q a) _ 4-1 O O Q O W M Q Q Q U) p Q Q a) O N � U o . . CL i i N u) IL 0 Q Z Page 277 of 375 6.j) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... i) �I O - O a 0 �� o 4--j o O O U �n o E o _ O rn . — � LO M � MW O �? 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Ti 14 1,4 (� k �\ 0) w O 70 ° QP +,atfir 70 kln t. p � CU x CDCU O ' ~670 � ➢ t V IGO N r 0 N - N 0) b - 06 IGO F e "y kvk f �� 7 i k • 1 + 1 N O � cn Q 0) 70 }+ •— c6 70 O cu C O O Q �m cn U � U) f U w Page 285 of 375 6.j) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... 0 1 Y. N4-0 1Y Q (0 01 m - o ca T a) o -0 0 N o � cu m o N Y a) cU CD 4-0 Q o Ax r Q W 3p Q �... (u o IGO o o N - o o O a.. Q _0 Q •� o .� 1 1• t��t�� a�� Y�� cu J Page 286 of 375 6.j) 7.25 p.m. DS2022-36, Catherine McCarroll, Intermediate Planner re: ... \^ W O 0 6 � � J N O O N C � � V Q O a) (6 O i.y (6 U .� O O U �O (A U N N NN T.O Q (6 O � N N N � � ++ 0 U E c: a) � a) i; (6 OU fA O 'O O -5 -0 Q N U O i _ a) N C) 0) Q a5 3: a) o o O SUN IGO > a�i E (n o E o am) noc oi� o 0 � � ) 'M a) o0) >. 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Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-045 Development Services Committee Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # April 6, 2022 Consent Application 2022-B-07 by Shaun & Jennifer Perry Roll #: 131 Rail Trail Drive R.M.S. File #: 4346-010-009-78500 D10-60448 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2022-045 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 following conditions: a) That the applicant signs the Township's Memorandum of Understanding (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel. b) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 5.Om x 5.Om daylight triangle at the corner of Rail Trail Drive and Tudhope Boulevard. 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 daylight triangle 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 associated with the LSRCA's review on behalf of the Township shall be fully Development Services Committee April 6, 2022 Report No. DS2022-045 Page 1 of 14 Page 289 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re. C... 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 submit, to the satisfaction of the Chief Building Official, a plan complete with dimensions, areas with approximate building and sewage system envelopes for possible future development. Surrounding wells and required clearances shall be incorporated in the plan. 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 one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; g) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; h) That all municipal taxes be paid to the Township of Oro-Medonte; 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.. 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 131 Rail Trail Drive, on the south-east corner of Rail Trail Drive and Tudhope Boulevard. The lands possess a total lot area of approximately 0.69 hectares (1 .7 acres). There is an existing single detached dwelling and an accessory building on the lands and portions of the property are tree-covered. 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 C 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-07 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: Development Services Committee April 6, 2022 Report No. DS2022-045 Page 2 of 14 Page 290 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re. C... Lands to be Severed: Lands to be Retained: Frontage: Approximately 61 m (200 ft.) Approximately 57 m (186 ft.) Depth: Approximately 57 m 186 ft. Approximately 61 m 200 ft. Area: Approximately 0.35 ha (0.85 ac.) Approximately 0.35 ha (0.85 ac.) Use: Proposed residential Continued residential Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The 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), and on Planning Staff's follow-up discussions with LSRCA Staff, 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 Development Services Committee April 6, 2022 Report No. DS2022-045 Page 3 of 14 Page 291 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re. C... Areas policies in the Growth Plan as the lands subject to this application are within an established residential area, outside of a rural settlement area, where limited residential development is permitted. Also applicable to this application is Section 4.2.4 (Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features), due the subject lands being adjacent to a Significant Woodland. Under this Section, 4.2.4.1 states that, "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature... will require a natural heritage evaluation." However, 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" [underline added for emphasis]. 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: 4.2.4.5 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.- 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: Development Services Committee April 6, 2022 Report No. DS2022-045 Page 4 of 14 Page 292 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re: C... i. establish, or increase the extent and width of, a vegetation protection zone along the shoreline to a minimum of 30 metres; ii. increase the extent of fish habitat in the littoral zone, iii. be planned, designed, and constructed to protect hydrologic functions, minimize erosion, and avoid or mitigate sedimentation and the introduction of nutrient or other pollutants into the lake,- iv. exclude shoreline structures that will impede the natural flow of water or exacerbate algae concerns along the shoreline; V. enhance the ability of native plants and animals to use the shoreline as both wildlife habitat and a movement corridor; vi. use lot-level stormwater controls to reduce stormwater runoff volumes and pollutant loadings, vii. use natural shoreline treatments, where practical, for shoreline stabilization, erosion control, or protection, viii. meet other criteria and direction set out in applicable watershed planning and subwatershed plans,- ix. be serviced by sewage works which reduce nutrient inputs to groundwater and the lake from baseline levels, and X. demonstrate available capacity in the receiving water body based on inputs from existing and approved development. Staff comment: The proposed development represents infill development. As it is no redevelopment or resort development, (i) through (x) above do 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 LSRCA haves advised that they will not be commenting on the application. 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..." "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." (Note: Staff have reviewed policy 6.23 and this application does not qualify for exemption from a Natural Heritage Evaluation). Development Services Committee April 6, 2022 Report No. DS2022-045 Page 5 of 14 Page 293 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re. C... "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 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 Development Services Committee April 6, 2022 Report No. DS2022-045 Page 6 of 14 Page 294 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re. C... 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. County Planning Staff have provided comments advising that the Township should ensure that the application is consistent with local natural heritage policies and objectives and the policies of the LSPP. The LSRCA should be consulted to ensure compliance with policies of the LSPP and the natural heritage polices of the Provincial Policy Statement (PPS). Township Planning Staff have consulted with LSRCA Staff on matters of PPS, Growth Plan and LSPP compliance and it is Planning Staff's opinion that by way of including a Consent condition for a Natural Heritage Evaluation, the application conforms to the County Official Plan. 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 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 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". Development Services Committee April 6, 2022 Report No. DS2022-045 Page 7 of 14 Page 295 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re. C... 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 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: Upon site visit, Planning Staff noted that both the severed parcel would require a new driveway entrance from Rail Trail Drive and that the retained parcel is served by an existing entrance from Rail Trail Drive. No traffic concerns have been identified by the Operations Department, but an entrance permit for the new lot would be required prior to construction. 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. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conformity to be confirmed through condition of Consent: The severed and retained land generally possess sufficient land area for any future dwellings to be serviced by private on-site services (well and septic system). However, options for the positioning of those services on the lands may be affected 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 that, as a condition of Consent, the applicant is 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. 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. The proposed dwelling 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. Development Services Committee April 6, 2022 Report No. DS2022-045 Page 8 of 14 Page 296 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re. C... 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 conformed 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: 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, 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. 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. Single detached dwellings are permitted in the Shoreline Residential (SR) zone and both the severed and retained parcels would comply with (and exceed) the Zoning Development Services Committee April 6, 2022 Report No. DS2022-045 Page 9 of 14 Page 297 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re. C... 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 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 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 these applications were circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: Department/Agency Comments: • Building Division: No comment 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. • Development Engineering: No Objection. An Entrance Permit and Engineered Lot Grading Plan (ELG) shall be required for the severed lot at the time of Building Permit. • Operations Division: Require a 5.Om x 5.Om daylight triangle at the corner of Rail Trail Drive and Tudhope Blvd. • County of Simcoe: No objection. The Township should ensure that the application is consistent with local natural heritage policies and objectives and the policies of the LSPP. The LSRCA should be consulted to ensure compliance with policies of the LSPP and the natural heritage polices of the Provincial Policy Statement (PPS). Development Services Committee April 6, 2022 Report No. DS2022-045 Page 10 of 14 Page 298 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re. C... • Lake Simcoe Region Conservation Authority: No commenting responsibility as lands are not within an area subject to Ontario Regulation 179/06. Planning Staff's discussions with LSRCA Staff in an advisory capacity have confirmed the requirement for a Natural Heritage Evaluation. • Bell Canada — No concerns. Public Comments: • Douglas Fischer, 39 Tudhope Blvd.: Against the splitting of lots. Has expressed concerns regarding drainage, impact on existing well and cut-off of existing communal well overflow. • Ron Kajiura, 23 Tudhope Boulevard: Has expressed concerns regarding privacy, impacts on wells, flooding, environmental impacts and Lake Simcoe. Feedback should come from the rest of the people on the streets. • Shelley Mason, 40 Springhome Road: Has expressed concerns regarding impacts on water table and water quality, increased traffic and dog feces. 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-07 be approved, subject to the recommended conditions of Consent, on the basis that the application is consistent with/conforms to Provincial, County and Township policies, meets the requirements of Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Development Services Committee April 6, 2022 Report No. DS2022-045 Page 11 of 14 Page 299 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re: C... �--,vas,J Rtl�- 177 .MO-o5lt ni•Rtl.� _T H,rsleslil VMIjy�Rd. Dlb Bartle-RA. `►.Ria9R. 0.dad 54 66 42 153 837 Tudhope Blvd. L L 131 23 39 51 73 10 22 40 54 68 116 Springhome Rd. 400 7 33 47 59 75 Schedule 1 Location Townsh ip of ® Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2022-B-07 N I i i Development Services Committee April 6, 2022 Report No. DS2022-045 Page 12 of 14 Page 300 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re. C... T�VJa s1e�Rel� — - one-Rd.I T _ y I" Horsesli e•ValI YlRd. 1I If UId-Bar'rie-Rd. Kilo Tudhope BledUk i �r L , Schedule 2 Aerial Photo WIN loualaclz�j�u Subject Lands Proud Herite ale,Exciting Ferturr o 50 m File Number:2022-B-07 ✓ I�i�i lI Development Services Committee April 6, 2022 Report No. DS2022-045 Page 13 of 14 Page 301 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re. C... 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(6 � _ 0 O �1 a -w E E UCn 0 � CO CO N O a) a) >, a) C) N c�a O m DU O O X U m N -0 J o ND cOn Q Q N N 0- Q O 0 ° L- C)- � U � � 0 � 4-0TO Cu Cu Q to L-- L- U') a) � � � as CL 0 Q r`U � � Cflu) cv) a a) a a Cn 0 V) 0 O � .X •X E 0 0 Q L JC)- C)- o U C :3 QLQL " QL QQ � Cu Q 4-0 y7 O cn CL a) _ a� L O a o LL < Page 304 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re: C... ti IGO Cu O ' �4 ' c0 u s S IC)JIUJJ Ilia •C -- Al C1 �W r A O U 0 0 a L Q Page 305 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re- C... m ' r � r � f�" 7l hri *f Cu C) d N Z c CL �oaL aT z CL A U � A O CU o t) �a CL CL a Page 306 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re. 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CH O � ° o U ° C a) C +J � a) ° +J cu L +� - C N a) a) U � 0 _C O C cu U U a) L a L (n co U Q L co O E > L O U M C D U C '— C �' a) }' = U C CU a) +--� W 0 a) cu -a '� Q- C a) - Q- U) .0 O C ° C O CC CU- ate) L ° a) 0 U) 11� a) O O O C } L a) L U) M OL a) cu a)cu cu E a) O �/ 0 O) (U O +J L N C U L L �, O O C cu NE cu CU O O L a) a) a) L� — Q a) .L a) O)0) cu == �/� O O C O E cu C L -a U) L cu Q -E Z— L }1 L cu L ^ C) -0 u) '+ O AV+ U � � OU W a) L N Page 311 of 375 6.k) 7.35 p.m. DS2022-45, Derek Witlib, Manager, Planning Services re: C... � CO 0) o o c C a) c CO CO COLM °� �1 E a > � 02 .00 cn LL CO 0- " o E o12 0 0) a W U) CU -0 O O � am) Q Cu O O M O 0 (D O O O _ fA a) co M > � N U) Q' O O N Cu M E O) N i 0 (n U C r 0 N W c -a 0 Q am Cu L "O fA U C "O 0 V a) CCu Cu O + � a) = n c } O 'a faL)o a) o c � n EQo n a) � L o E O C y p N Ems' O 0 NO C '= C U co U O CQ Oa) L c Cu 0o �o =o o 4;_ pQ � y O CU O o CaA -2 Cu N C O Cu *a CU o LO to a - ; ) O U L U � "ate � � O �CU 0 � - Q a) Cu Q 0 ' 'moo -0 o � (� c E V L °) a Ln � a °� L - z E � C a) M O ^L :25 cuo a a 0 -0a� 0Za C) n ii m0 Cu N a) ,� Q y af�i L.L 0- 0 ?> > O � N Q o o U) a o f +J C L O M a) ■ Ucn nj >+ a) oU Do Eoa�i � �% a) fA m � LL E -0 O Q 0 Cu O CuO O •N M C }� ■' o > a) C C E !E 'N N E CU Cu U) O CU U) d > a)� CL 'a a OE O a) � aAN i � i O a) O U) '+ C ) a) C o � � a a- 5"o ■� �' (B LE' O 0 �C Cu( oO O o Q c0 C �Cuo L aa) w = U O 15 0 -0 'UOa))C) wco) U ° ME O - r = N � Cu -0 c0U >, c0 — O 0 L CENC Cu a) OX 0 O C N O U c0 U O a) cn uo) fLC i A c0 '5 CU c0 Cu 0) O (n 0 Q U O c0 >+-0 U_ Q = = O Q .Q U c0 O (B p C Q— Q C O CU CU a) co •a) O U E co U 0 0 —E � co a) .9 0 a) � uj c E a) a— a) CU a) > o ` c�a 0 CU CU 0 CuaCUCuU) Cu C 'cCu � a= h Cu Page 312 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re: C... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-046 Development Services Committee Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # April 6, 2022 Consent Application 2022-B-08 by Luke Sternberg & Alison Roll #: Mitchell R.M.S. File #: 4346-010-009-77800 10 Springhome Road D10-60458 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2022-046 be received and adopted; 2. That the Development Services Committee grant provisional consent to Application 2022-13-08 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 following conditions: a) That the applicant signs the Township's Memorandum of Understanding (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel. b) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 5.Om x 5.Om daylight triangle at the corner of Rail Trail Drive and Springhome Road. 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 daylight triangle 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 associated with the LSRCA's review on behalf of the Township shall be fully Development Services Committee April 6, 2022 Report No. DS2022-046 Page 1 of 14 Page 313 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re. C... 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 submit, to the satisfaction of the Chief Building Official, a plan complete with dimensions, areas with approximate building and sewage system envelopes for possible future development. Surrounding wells and required clearances shall be incorporated in the plan. 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 one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; g) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; h) That all municipal taxes be paid to the Township of Oro-Medonte; 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.. 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 10 Springhome Road, on the north-east corner of Rail Trail Drive and Springhome Road. The lands possess a total lot area of approximately 0.69 hectares (1.7 acres). There is an existing single detached dwelling on the lands and portions of the property are tree-covered. 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 C 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-08 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: Development Services Committee April 6, 2022 Report No. DS2022-046 Page 2 of 14 Page 314 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re. C... Lands to be Severed: Lands to be Retained: Fronta e: Approximately 61 m (200 ft.) Approximately 57 m (186 ft.) Depth: Approximately 57 m 186 ft. Approximately 61 m 200 ft. Area: Approximately 0.35 ha (0.85 ac.) Approximately 0.35 ha (0.85 ac.) Use: Proposed residential Continued residential Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The 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), and on Planning Staff's follow-up discussions with LSRCA Staff, 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. Development Services Committee April 6, 2022 Report No. DS2022-046 Page 3 of 14 Page 315 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re. C... 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 established residential area, outside of a rural settlement area, where limited residential development is permitted. Also applicable to this application is Section 4.2.4 (Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features), due the subject lands being adjacent to a Significant Woodland. Under this Section, 4.2.4.1 states that, "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature... will require a natural heritage evaluation." However, 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" [underline added for emphasis]. 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: 4.2.4.5 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: 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. Development Services Committee April 6, 2022 Report No. DS2022-046 Page 4 of 14 Page 316 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re. C... c) in the case of redevelopment and resort development: i. establish, or increase the extent and width of, a vegetation protection zone along the shoreline to a minimum of 30 metres; ii. increase the extent of fish habitat in the littoral zone, iii. be planned, designed, and constructed to protect hydrologic functions, minimize erosion, and avoid or mitigate sedimentation and the introduction of nutrient or other pollutants into the lake,- iv. exclude shoreline structures that will impede the natural flow of water or exacerbate algae concerns along the shoreline,- V. enhance the ability of native plants and animals to use the shoreline as both wildlife habitat and a movement corridor; vi. use lot-level stormwater controls to reduce stormwater runoff volumes and pollutant loadings, vii. use natural shoreline treatments, where practical, for shoreline stabilization, erosion control, or protection, viii. meet other criteria and direction set out in applicable watershed planning and subwatershed plans,- ix. be serviced by sewage works which reduce nutrient inputs to groundwater and the lake from baseline levels, and X. demonstrate available capacity in the receiving water body based on inputs from existing and approved development. Staff comment: The proposed development represents infill development. As it is no redevelopment or resort development, (i) through (x) above do 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 LSRCA haves advised that they will not be commenting on the application. 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..." "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." (Note: Staff have reviewed policy 6.23 and this application does not qualify for exemption from a Natural Heritage Evaluation). Development Services Committee April 6, 2022 Report No. DS2022-046 Page 5 of 14 Page 317 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re. C... "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 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 Development Services Committee April 6, 2022 Report No. DS2022-046 Page 6 of 14 Page 318 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re. C... 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. County Planning Staff have provided comments advising that the Township should ensure that the application is consistent with local natural heritage policies and objectives and the policies of the LSPP. The LSRCA should be consulted to ensure compliance with policies of the LSPP and the natural heritage polices of the Provincial Policy Statement (PPS). Township Planning Staff have consulted with LSRCA Staff on matters of PPS, Growth Plan and LSPP compliance and it is Planning Staff's opinion that by way of including a Consent condition for a Natural Heritage Evaluation, the application conforms to the County Official Plan. 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 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 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". Development Services Committee April 6, 2022 Report No. DS2022-046 Page 7 of 14 Page 319 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re. C... 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 Springhome Road which are 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: Upon site visit, Planning Staff noted that both the severed parcel would require a new driveway entrance from Rail Trail Drive and that the retained parcel is served by an existing entrance from Springhome Road. No traffic concerns have been identified by the Operations Department, but an entrance permit for the new lot would be required prior to construction. 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. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conformity to be confirmed through condition of Consent: The severed and retained land generally possess sufficient land area for any future dwellings to be serviced by private on-site services (well and septic system). However, options for the positioning of those services on the lands may be affected 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 that, as a condition of Consent, the applicant is 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. 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. The proposed dwelling 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. Development Services Committee April 6, 2022 Report No. DS2022-046 Page 8 of 14 Page 320 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re. C... 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 conformed 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: 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, 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. 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. Single detached dwellings are permitted in the Shoreline Residential (SR) zone and both the severed and retained parcels would comply with (and exceed) the Zoning Development Services Committee April 6, 2022 Report No. DS2022-046 Page 9 of 14 Page 321 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re. C... 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 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 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 these applications were circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: Department/Agency Comments: • Building Division: No comment 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. • Development Engineering: No Objection. An Entrance Permit and Engineered Lot Grading Plan (ELG) shall be required for the severed lot at the time of Building Permit. • Operations Division: Require a 5.Om x 5.Om daylight triangle at the corner of Rail Trail Drive and Tudhope Blvd. • County of Simcoe: No objection. The Township should ensure that the application is consistent with local natural heritage policies and objectives and the policies of the LSPP. The LSRCA should be consulted to ensure compliance with policies of the LSPP and the natural heritage polices of the Provincial Policy Statement (PPS). Development Services Committee April 6, 2022 Report No. DS2022-046 Page 10 of 14 Page 322 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re. C... • Lake Simcoe Region Conservation Authority: No commenting responsibility as lands are not within an area subject to Ontario Regulation 179/06. Planning Staff's discussions with LSRCA Staff in an advisory capacity have confirmed the requirement for a Natural Heritage Evaluation. • Bell Canada — No concerns. Public Comments: • Douglas Fischer, 39 Tudhope Blvd.: Against the splitting of lots. Has expressed concerns regarding drainage, impact on existing well and cut-off of existing communal well overflow. • Ron Kajiura, 23 Tudhope Boulevard: Has expressed concerns regarding privacy, impacts on wells, flooding, environmental impacts and Lake Simcoe. Feedback should come from the rest of the people on the streets. • Shelley Mason, 40 Springhome Road: Has expressed concerns regarding impacts on water table and water quality, increased traffic and dog feces. 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-08 be approved, subject to the recommended conditions of Consent, on the basis that the application is consistent with/conforms to Provincial, County and Township policies, meets the requirements of Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Development Services Committee April 6, 2022 Report No. DS2022-046 Page 11 of 14 Page 323 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re. C... vas r Rd: —¢loenst n•Rd. 153 42 54 66 Harsesf'�e�.1l ky-Rd. Id- au -M., Tudhope Blvd. V � 'ralid9R a°ad 837 131 23 39 51 73 H 10 22 40 54 68 116 Springhome Rd. 7 33 47 59 75 400 18 20 Schedule 1 Location Township of ® Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2022-A-08 4, Development Services Committee April 6, 2022 Report No. DS2022-046 Page 12 of 14 Page 324 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re: C... l�gJy Rd. 7Vasv —Mnonst ni A& NorsesI—VI ayR. 0&1•a ieRd.rr � �R.dg aA r y If E a,. i r Springhome_Rd. Schedule 2 Aerial Photo T Subject Lands Proud Heritage,Exciting Faa[iare 0 40 M File Number:2022-A-08 N I�i�l Development Services Committee April 6, 2022 Report No. DS2022-046 Page 13 of 14 Page 325 of 375 6.1) 7.45 p.m. DS2022-46, Derek Witlib, Manager, Planning Services re. C... 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Township of Report t.f Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-047 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # April 6, 2022 Minor Variance Application 2022-A-08 Roll #: William Wheeler R.M.S. File #: 4346-020-010-08900 3657 Line 7 North D13 60426 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-047 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 Report DS2022-047. 3. The conditions are as follows: a. That notwithstanding Section 5.18, the proposed cover porch and attached storage structure shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed covered porch and attached storage structure 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 Owner shall obtain an NVCA permit ahead of any development or site alteration to occur on-site; 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 April 6, 2022 Report No. DS2022-047 Pagel of 21 Page 336 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... Background: 1 . Site Location and Existing Conditions The subject property is located at 3657 Line 7 North, as illustrated on Schedule 1 . An aerial view of the property and its limits is provided in Schedule 2. The property is currently occupied by a single detached dwelling (floor area of approximately 248 m2 (2,664 ft2)) with attached storage building/garage, a 465 m2 (5,000 ft2) agricultural building (currently used as a shop) and a second 111.5 m2 (1,200 ft2) agricultural building (also used as a shop). The agricultural buildings are located in front of the existing dwelling adjacent to the existing driveway from Line 7 North. The existing dwelling, attached storage building/garage and smaller agricultural building are located within the Environmental Protection zone on the property while the larger agricultural building is located outside the EP zone. The Nottawasaga Valley Conservation Authority (NVCA) has confirmed that the proposed additions are located in an area of the property that is regulated for slope erosion hazards associated with the existing watercourse feature (Coldwater River) where a permit is required from the NVCA under the Conservation Authorities Act prior to development. The subject property has total area of approximately 40 hectares, with 560 metres of frontage on Line 7 North. The subject property is accessed by a long driveway with fields and landscaped areas abutting the driveway to the north and south. There is an existing septic bed and septic tank located to the south of the existing dwelling as shown on the site plan. There is also an existing well located within the footprint of the existing dwelling. Schedule 3 includes site photographs illustrating the existing site conditions and uses, including the driveway and existing structures. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Agricultural and Greenlands • Township of Oro-Medonte Official Plan: Agricultural • Zoning By-Law: Agricultural/Rural (A/RU) and Environmental Protection (EP) 3. Proposal and Committee of Adjustment Application The proposed site plan is included in Schedule 4. The applicant is proposing to construct a covered porch on the south side and part of the east side of the existing dwelling. In addition, the existing attached garage/storage building will be demolished Development Services April 6, 2022 Report No. DS2022-047 Page 2 of 21 Page 337 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... and replaced with a new 1-storey attached garage/storage building with similar floor area of 35 m2. The existing detached agricultural buildings and driveway will be maintained in their current locations and configurations. There will also be no changes to the existing septic tank/bed and well. The drawing package submitted by the Applicant includes conceptual elevations and perspectives that illustrate the proposed porch and structure relative to the existing dwelling. These drawings are included in Schedule 5. The Applicant is seeking relief, pursuant to Section 45(2)(a)(i) of the Planning Act, from the following section of Zoning By-law 97-95 in order to proceed with the proposal: 5.18 Non-Conforming Uses No lands shall be used and no building or structure shall be used except in conformity with the provisions of this By-law unless such use existed before the date of passing this By-law and provided that it has continued and continues to be used for such purpose, and that such use, when established, was not contrary to a By-law passed under Section 34 of the Planning Act, R.S.O 1990, cP. 13 or a predecessor thereof that was in force at that time. Single detached dwellings, as well as accessory buildings and structures, are not permitted in the Environmental Protection (EP) zone as specified in Table A5 of the Zoning By-Law. The existing dwelling and attached garage/storage building are completely located within the existing EP zone limits. However, these structures were constructed prior to adoption of the current Zoning By-Law and its preceeding zoning by-laws and thus satisfy the definition of a non-conforming use under Section 5.18. The Applicant is proposing to modify the existing dwelling by adding a covered porch and re-constructing the attached garage/storage building within the same approximate limits of the existing attached structure. Analysis: 1 . Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. Development Services April 6, 2022 Report No. DS2022-047 Page 3 of 21 Page 338 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... Given that the existing dwelling is located within an area specifically zoned Environmental Protection (EP), and surrounded by lands zoned Agricultural/Rural, evaluation of this minor variance application is most appropriately focused on the following PPS 2020 policies: • 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns 1 .1.1 Healthy, liveable and safe communities are sustained by: c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; h) promoting development and land use patterns that conserve biodiversity; 1 .1.4 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; d) encouraging the conservation and redevelopment of existing rural housing stock on rural lands h) conserving biodiversity and considering the ecological benefits provided by nature 1.1.5 Rural Lands in Municipalities 1.1.5.2 On rural lands located in municipalities, permitted uses are: a) the management or use of resources; 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 g) other rural land uses. • 2.0 Wise Use and Management of Resources 2.1 Natural Heritage 2.1.1 Natural features and areas shall be protected for the long term. Development Services April 6, 2022 Report No. DS2022-047 Page 4 of 21 Page 339 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... 2.1.2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. • 3.0 Protecting Public Health and Safety 3.1 Natural Hazards 3.1.1 Development shall generally be directed, in accordance with guidance developed by the Province (as amended from time to time), to areas outside of: b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards 3.1.7 Further to policy 3.1.6, and except as prohibited in policies 3.1 .2 and 3.1.5, development and site alteration may be permitted in those portions of hazardous lands and hazardous sites where the effects and risk to public safety are minor, could be mitigated in accordance with provincial standards, and where all of the following are demonstrated and achieved: c) new hazards are not created and existing hazards are not aggravated; and d) no adverse environmental impacts will result. I am satisfied that the development proposal and application are generally consistent and do not conflict with the applicable policies of PPS 2020 for the following reasons: • The proposed porch and reconstructed attached structure will be generally within the same location as the existing dwelling and will not further encroach into the natural heritage elements of the Environmental Protection zone relative to existing conditions; • The existing natural and agricultural character and features will be maintained and not adversely impacted; • The proposal represents enhancement of an existing dwelling with only minor changes to the limits of the structure and without resulting in negative impacts to the characteristics of the Environmental Protection zone; and • NVCA Staff have reviewed the proposal and have no objection subject to the condition that an NVCA permit be obtained. 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 Development Services April 6, 2022 Report No. DS2022-047 Page 5 of 21 Page 340 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... 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 following Growth Plan policies are applicable to this application: • 1.2.1 Guiding Principles • Protect and enhance natural heritage, hydrologic, and landform systems, features, and functions. • 2.2.1 Managing Growth 2. Forecasted growth to the horizon of this Plan will be allocated based on the following: e) development will be generally directed away from hazardous lands • 4.2.2 Natural Heritage System 3. Within the Natural Heritage System for the Growth Plan: a) new development or site alteration will demonstrate that: i. there are no negative impacts on key natural heritage features or key hydrologic features or their functions; 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; Development Services April 6, 2022 Report No. DS2022-047 Page 6 of 21 Page 341 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... vi. at least 30 per cent of the total developable area will remain or be returned to natural self-sustaining vegetation, except where specified in accordance with the policies in subsection 4.2.8; and b) the full range of existing and new agricultural uses, agriculture-related uses, on-farm diversified uses, and normal farm practices are permitted. However, new buildings or structures for agricultural uses, agriculture- related uses, or on-farm diversified uses are not subject to policy 4.2.2.3 a), but are subject to the policies in subsections 4.2.3 and 4.2.4 • 4.2.3 Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features 1. Outside of settlement areas, development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for: e) expansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan, subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure; f) expansions or alterations to existing buildings and structures for agricultural uses, agriculture-related uses, or on-farm diversified uses and expansions to existing residential dwellings if it is demonstrated that: i. there is no alternative, and the expansion or alteration in the feature is minimized and, in the vegetation protection zone, is directed away from the feature to the maximum extent possible; ii. the impact of the expansion or alteration on the feature and its functions is minimized and mitigated to the maximum extent possible • 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features 1. Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System for the Growth Plan or a key hydrologic feature will require a natural Development Services April 6, 2022 Report No. DS2022-047 Page 7 of 21 Page 342 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature. It is my opinion that the development proposal generally conforms to the applicable Growth Plan policies on the basis that the proposal represents enhanced use of an existing dwelling and attached storage structure and will not significantly encroach into the existing natural heritage features of the surrounding Environmental Protection zone. NVCA staff have reviewed the application and determined that they have no objection to the proposal and application subject to the Applicant obtaining an NVCA permit prior to initiating any works on the property. 3. Simcoe County Official Plan The applicable policies of the County of Simcoe Official Plan are outlined in Table 1. It is my opinion that the proposal and application maintain the general purpose and intent of the Official Plan on the following basis: • The existing natural heritage features of the Environmental Protection zone will be maintained and protected as the covered porch and attached storage building will be generally within the existing developed area of the subject property; • The existing dwelling will be enhanced in a manner that protects and conserves the natural heritage characteristics of the property; and • The existing dwelling is a legal use in the Environmental Protection zone and the proposed covered porch and reconstructed attached storage building represents an extension of this use that will not result in land use or built form that is inconsistent with the Official Plan goals and objectives for Greenlands. Table 1 - 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; Development Services April 6, 2022 Report No. DS2022-047 Page 8 of 21 Page 343 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management The planning strategy of this Plan is based on four themes: Strategy • Direction of a significant portion of growth and development to settlements 3.1 Strategy 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 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 foster healthy and liveable communities and enhance the sense of place and quality of life that characterize the County. 3.8.16 Legally existing uses within the Greenlands system will be recognized and can continue in accordance with Sections 3.3.15 and 4.11.6 of this Plan and the applicable policies of the local municipal official plan.The intent of the Greenlands designation on Development Services April 6, 2022 Report No. DS2022-047 Page 9 of 21 Page 344 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... an active farm is not meant to restrict the use or to reduce the economic viability of the use. 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 2 addresses the applicable policies. It is my opinion that the development proposal and application maintain the general purpose and intent, specific policies and objectives, of the Official Plan for the following reasons: • The development proposal and application will only minimally change the existing built form and footprint of the single detached dwelling and attached storage building relative to the surrounding Environmental Protection zone and will have no adverse on the natural heritage and agricultural character of the subject property and surrounding area; • 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 addition of the covered porch and reconstruction of the attached storage building will not change the spatial separation from the watercourse identified as a hazard by NVCA, and will maintain existing site conditions relative to the watercourse; • The proposal represents an extension of the existing dwelling that is compatible with the character of the subject property and surrounding area and will not result in adverse impacts or other nuisances; • There will be no changes to the existing performance standards set out in the Zoning By-Law; • Overall, the proposal satisfies the policies of section E1.6 of the Official Plan that relate to non-conforming uses. Table 2 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Details SECTION A2—GOALS AND A2.1.1 Goal STRATEGIC OBJECTIVES It is the goal of this Plan to protect and enhance significant natural heritage features A2.1 Natural Heritage and related ecological functions in the Township. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. Development Services April 6, 2022 Report No. DS2022-047 Page 10 of 21 Page 345 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... 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. A2.4 Agriculture A2.4.1 Goal It is the goal of this Plan to preserve areas demonstrating high capability for agricultural production for that purpose. A2.4.2 Strategic Objectives a)To ensure that agriculture remains an integral part of the economy of the Township and the County. b)To ensure that non-agricultural uses which may have an impact on the viability of farm operations are not permitted. c)To encourage the establishment of farm-related uses and other secondary uses on farm properties to improve the livelihood of area farmers. d)To encourage the establishment of uses and activities on farm properties that highlight the importance of agriculture and its history in the Township. e)To encourage the maintenance of the character of agricultural areas by maintaining farm buildings and other elements of the built and natural landscapes that contribute to that character. 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. c)To require that aggregate extraction operations are designed to minimize visual impact. d)To ensure that there is a clear spatial delineation between the Barrie and Orillia urban areas and the rural and agricultural area of Oro-Medonte. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. f)To encourage the development of passive low-intensity recreational uses in the rural(not agricultural)areas of the Township,provided the use has a minimal impact on the character of the rural area and is properly sited. 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 Development Services April 6, 2022 Report No. DS2022-047 Page 11 of 21 Page 346 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... SECTION B5—ENVIRONMENTAL It is the intent of this Plan to: MANAGEMENT OBJECTIVES a)recognize and protect all rivers and streams and other bodies of water in the Township from development that may have an impact on their function as an important component of the natural heritage system; b)ensure that development does not occur on lands that are unstable or susceptible to flooding; e)ensure that agricultural uses are appropriately developed and managed; f)ensure that development does not occur on hazardous slopes; j)identify what is required to support an application for development in an area that is considered to be ecologically sensitive;and k)identify what information is required to support an application that may have an impact on the hydrological resources of the Township. 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. E1.6 NON-CONFORMING USES E1.6.2 Role of the Committee of Adjustment If the property cannot be acquired or relocated,the Committee of Adjustment may, without an amendment to this Plan,allow extensions to a non-conforming use. Prior to such approval,the Committee shall consider the following: a)The size of the extension in relation to the existing operation; b)Whether the proposed extension is compatible with the character of the surrounding area; c)The characteristics of the existing use in relation to noise,vibration,fumes,dust, smoke,odours,lighting and traffic generation and the degree to which any of these factors may be increased or decreased by the extension; d)The possibilities of reducing these nuisances through buffering,building setbacks, landscaping,Site Plan Control and other means to improve the existing situation,as well as minimize the problems from extension;and, e)The conformity of the proposal with the applicable by-laws and policies of the County of Simcoe. Development Services April 6, 2022 Report No. DS2022-047 Page 12 of 21 Page 347 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... E1.6.3 Role of the Implementing Zoning By-law Existing uses which do not conform with the policies of this Official Plan may be zoned in the Comprehensive By-law in accordance with their present use,provided that:a)the Zoning will not permit any change of use or performance standard that may negatively impact adjoining uses; b)the uses do not constitute a danger to surrounding land uses,humans or animals by virtue of their hazardous nature;c) the uses do not interfere with the appropriate development of the surrounding lands;and,d)when the use is discontinued,re-zoning may only take place in accordance with the policies and intent of this Plan. 5. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The proposal and application relate to the portion of the property zoned "Environmental Protection (EP)", which does not permit single detached dwellings and accessory buildings/structures unless they legally existed at the effective date of the Zoning By-Law. The existing dwelling and attached storage structure legally existed at the effective date the Zoning By-Law designated the lands "Environmental Protection (EP)" and represent a legal non-conforming use. This application relates to the proposal to construct a covered porch and reconstruct the existing attached storage building to enhance the use of the single detached dwelling. Thus, the application represents an extension of this legal non-conforming use. The existing dwelling does not comply with the existing performance standards of the Zoning By-Law for EP zones, including permitted uses and building setbacks. Section 5.18 of the Zoning By-Law pertains to Non-Conforming Uses and indicates that "no lands shall be used and no building or structure shall be used except in conformity with the provisions of this By-law unless such use existed before the date of passing this By-law and provided that it has continued and continues to be used for such purpose, and that such use, when established, was not contrary to a By-law passed under Section 34 of the Planning Act, R.S.O 1990, cP. 13 or a predecessor thereof that was in force at that time". Section 45 (2)(a)(i) of the Planning Act authorizes the Committee of Adjustment, in addition to its powers under subsection (1), where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law to permit the enlargement or extension of the building or structure, if the use that was made of the building or structure on the day the by-law was passed. As outlined in this report, it is my opinion that the proposed extension of the legal non- conforming use is consistent with PPS 2020, conforms to the Growth Plan, and maintains the general purpose and intent of the County of Simcoe and Township of Oro- Medonte Official Plans. The proposal also satisfies the specific criteria for extension of Development Services April 6, 2022 Report No. DS2022-047 Page 13 of 21 Page 348 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... legal non-conforming uses set out in Section E1.6 of the Township Official Plan. On this basis, it my opinion that the application 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(2)(a)(i) of the Planning Act authorizes the Committee of Adjustment, in addition to its powers under subsection (1), to permit the enlargement or extension of a legal non-conforming building or structure, provided no permission is given to enlarge or extend the building or structure beyond the limits of the land owned and used in connection therewith on the day the Zoning By-law was passed. Planning Staff has reviewed this application in conjunction with the following: • The applicable policies of PPS 2020 and the Growth Plan; • The applicable policies of the County of Simcoe Official Plan; • The applicable policies of the Township of Oro-Medonte Official Plan, including section E1 .6 policies related to non-conforming uses; and • Comments from Township and NVCA staff on the application, indicating no concerns or objections subject to a permit being issued by NVCA prior to works being initiated on the subject property. On this basis, it is my opinion that the application satisfies the criteria established under section 45(2)(a)(i) of the Planning Act for extension of non-conforming uses and relief to section 5.18 of the Zoning By-Law should be granted by the Committee of Adjustment. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services April 6, 2022 Report No. DS2022-047 Page 14 of 21 Page 349 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... 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 Operations — No comments on the application. • Township Development Engineering — No objection. • Township Building Division — No comments at this time. • Nottawasaga Valley Conservation Authority— NVCA Staff has reviewed the proposal and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to its approval 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-04 be approved, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services April 3, 2022 Development Services April 6, 2022 Report No. DS2022-047 Page 15 of 21 Page 350 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... Mnrr 385 925s "Rd. 3836a R 1 3812 Narsesh'a-Va y RI 3794 -ok!•ea�rc.Rd.0 [3766 --Rid9R !`Qaa 3760 48 34 20 3729 Mill-Pond Srd. 57 125 33 3674 3658 Z at 3640 IJ 3657 3611 3552 3558 3504 3439 82 3508 136 82 340Q 6 190 200 2 00 Schedule 1 Location Township of ® Subject Lands Proud Heritage,Exciting Future 0 400 m File Number:2022-A-08 N Development Services April 6, 2022 Report No. DS2022-047 Page 16 of 21 Page 351 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... ' Rd7 -Moa i ston i�Rdd. ; H.—kae•Ya 1'r Rlam, Old•artie-R8. _ C Ridg'N R ALi +w J_ Y t a Schedule 2 Aerial Photo Tnwrashi- 'J Subject Lands Proud Heritage,Exciting Futare 0 300 m File Number:2022-A-08 Development Services April 6, 2022 Report No. DS2022-047 Page 17 of 21 Page 352 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos 1 _ i � f Looking North along Line 7 North Looking South along Line 7 North i �L Gk� Driveway into Subject Property Existing Dwelling Development Services April 6, 2022 Report No. DS2022-047 Page 18 of 21 Page 353 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... is iaz fck-�1n-�.Ti.:a'i[S��tta+�:�,. •a✓w�.�:r'�:�a s:..-y- Existing Agricultural Building Existing Attached Garage/Storage Building I r � View of Existing Dwelling and Attached Storage Building Location of Proposed Covered Porch from Environmental Protection Area to Rear Development Services April 6, 2022 Report No. DS2022-047 Page 19 of 21 Page 354 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan I ■EZISitNG BVIANGISI FOREST ■E`15TRIG ODHCRETE PM / � _ ■PRISED COVERED PORCH 4BELM12MI 1 F Ea6TIWCCNCRETEPA 10"T RELD £Xr—GsHoPII =SOFA / E l STREAM b� ExSiiNG SHOP li.S,DOp SOFT 6 m EXISTNG HOUSE 2.CS15DF1 l � DUG W ELL / 1 z � eoaEST SEPTIC TANK ��iiPFM1 P i may' —�' FEIp PROPOSEOCCNER EDPORCH (SELGw'11MI.Hw SOFT LA10SCAPE •��m SEPTICBEU PPR1� ,) AREA ft I u� o ,elm DRNEwAY �_�1 L 0.__ �_�...a_m,��'ap-Sa.�-gym a�.^DA ra�¢5a_ra�N[D]�3"N�""— • CUL4 T •Alm ---- E H E I �Gm_ ✓ WREST AREA b 1` C— e FELO j I dal rn$oo WEST) --- — J A, =In - HET NORTH 10m-a m0-m am•-r 1109m SIOM m00R1 Applicants Site Plan (detail): Fl EXISTING BUILDING(Si o t ■ EXISTING CONCRETE PAD PROPOSED COVERED PORCH (BELOW 1.2M) Development Services April 6, 2022 Report No. DS2022-047 Page 20 of 21 Page 355 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... 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' 7 00, '72 00 p C,3q 100< N O N 0 }� N C •V w C CL o 0 QCUa a W w U 0 Z � � v o Z o `_V O n U a; m U o (Q U) Z cw nt — O �V a n U) p > ca x �C W _ w w la- 0 U) ■ ■ ❑ �a CL CL a Page 362 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... I 00, a I CO I W I co o .� i W LLf 9 � LL O �. N N O CU U CL CZ Q N U C6 cn � 04 CU ■� i O � y 5 n .V 3 Q ' v o Q CO LL Page 363 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... 1 w ,Y 4 - Z N N o � 00, 00 J O -a Q N N O N O CU U CZ CZ Q N CU CU O 4-0 5 �y Page 364 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... COAAA 00, O _0 CD QL 0) 1 A Ail 4-0 CL r . t" CL N z - } C C6 .L- CU O C Page 365 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... 1Y fff t , CU CU CO 0) O INN ,■w■n� Q N N O N O CU U CZ CZ Q N U C6 .CU i / U O CU Page 366 of 375 6.m) 7.55 p.m. DS2022-047, Michael Barton, Township Planning Consultant ... 5 Mw I M F A C 00, O W QL QL o o Q O : _ J � 4 O is a ■U +. a�•. r r. U � . U CL M O CL Co �` le . Q -0 O Co' U (6 / O CU t `~ CU 41. 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R / 0 0 f� a �0 / _0 m S ell -0 m CL ± ( k ®D = 2 E o 0 - y_ o �. w2ME e 2 o .g @ 3 2 L- 3 % g = E o 0 k � 200 § 47k } � k k 0(5/ r > E O 0 LO �k $ & 2 � % U 2 y � � ƒ � 7q2 ./ 0 7 £_ E m � -0 -0 2 m E % E 2 N % > o R § ƒ % J S / § 2 % ± 2 m / I / ¢ q � % § 7 Q- ( q N N § h % k = C- $ k � '- (U O h o w @ 3 £ @ m � 0- E g a E ± � 0 � � 20 (u .QL 2 k 2 0 0 � 2 2 2 < t $ v C o a- ® . ® ® _ _ E � 2 § E _ @ E_ E w 2 w E w w R 7 o 42@ � § 4y -05da % 3 2 w w % 2 q w 4 ® & 0- k o a Page 368 of 375 Ta) DS2022-043, Danielle Waters, Planner re: 2022-ZBA-06 Jeffrey and Ma... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-043 Development Services Danielle Waters Committee Planner Meeting Date: Subject: 2022-ZBA-06 Motion # April 6, 2022 Jeffrey and Marianne Sharp Temporary Use By-law Roll #: Garden Suite (Granny Flat) R.M.S. File #: 4346-020-004-21303 3516 Town Line D14-60457 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-043 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 Deputy Clerk bring forward the appropriate by-laws to adopt a Temporary Use By-law and to execute an agreement for the lands known as 3516 Town Line, Township of Oro-Medonte, for the purposes of a Garden Suite for a period of twenty (20) years. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: Jeffrey and Marianne Sharp have submitted an application to permit a garden suite on the subject property municipally known as 3516 Town Line. The lands have an area of approximately 0.6 hectares (1.5 acres) and a lot frontage of approximately 101 .9 metres (334.5 feet) on Town Line. The property currently contains a single detached dwelling and a detached garage. The applicants are requesting a Garden Suite on the subject property on a temporary basis for a period of twenty (20) years. Development Services April 6, 2022 Report No. DS2022-043 Pagel of 7 Page 369 of 375 Ta) DS2022-043, Danielle Waters, Planner re: 2022-ZBA-06 Jeffrey and Ma... Analysis: Section 39.1 of the Planning Act permits Council to authorize the temporary use of a Garden Suite for up to twenty years. Garden Suite is defined as "one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable." Furthermore, The Act also allows Council to enter into an agreement with the landowner to deal with issues such as: • the installation, maintenance, and removal of the garden suite; • the period of occupancy of the garden suite by any of the persons named in the agreement; and • the monetary or other form of security that Council may require for actual or potential costs to the municipality related to the Garden Suite. The subject land is designated `Agricultural' in the Township's Official Plan and County's Official Plan. The policies of the Township and County Official Plans, as well as Provincial Policies (Provincial Policy Statement and Growth Plan) have been reviewed and do not affect the context of the proposed development. Consistent with Section 39.1 of the Planning Act, the Township of Oro-Medonte brought forth a policy in 1997 outlining requirements for Garden Suites in the Township. It states that: a. The garden suite is not to be a mobile home; b. The garden suite utilizes existing services on the property; c. The existing driveway to the main residential dwelling is to be utilized for access and no new entrance from a public road be created for the garden suite; d. The garden suite has a minimum gross floor area of 50 square metres and a maximum gross floor area of 85 square metres; e. Approval for the increased usage of the septic system be obtained; f. An agreement be registered on title providing for the use of the lands; g. The garden suite not be transferable to another owner; and h. Appropriate securities are deposited with the Township to ensure that the agreement can be implemented. The proposed Garden Suite will continue to use the existing driveway and a new septic will be installed. The Garden Suite has a floor area of 98.4 square metres (1 ,060 square feet). Planning Staff do not have concerns with respect to the slightly over-sized floor area which, in Staff's opinion maintains the purpose and intent of the Township's policy. Since the maximum floor area for Garden Suites is a matter of policy and is not a Zoning By-law provision, no Minor Variance is required. Upon site visit, staff noted an appropriate amount of space for the proposed suite. The suite will be visible from Town Line; however, in Staff's opinion it will blend in with the residential character of the area and not appear out of place. Development Services April 6, 2022 Report No. DS2022-043 Page 2 of 7 Page 370 of 375 Ta) DS2022-043, Danielle Waters, Planner re: 2022-ZBA-06 Jeffrey and Ma... In keeping with the Township's Garden Suite Policy, the landowners and occupants will be required to execute an Agreement prepared by Staff that outlines the conditions respecting the installation, and eventual removal of such dwelling unit. The Agreement requires the deposit of $2,500 as security in the case of default of such agreement. Once all parties (Township and owners) have signed the Agreement, the Agreement will then be registered on title of the property. The property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law. The Township's Zoning By-law permits single detached dwellings within the A/RU Zone. Unlike other Zoning By-law Amendment applications presented to the Committee, the temporary use does not propose to alter the A/RU Zone symbol applicable to the property, as shown on Schedule A21 of the Zoning By-law. Rather, the Temporary Use By-law paired with the Registered Agreement will allow for the specified use by the specific individuals listed, in addition to the existing use of the property. Financial / Legal Implications / Risk Management: A $2,500 security deposit is required as part of the agreement of the garden suite to ensure removal of the unit at the expiration of the agreement. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: • Township Operations Department: No comments. • Township Development Engineering: No objections. • Township Building Department: No comments • Enbridge: no objections Development Services April 6, 2022 Report No. DS2022-043 Page 3 of 7 Page 371 of 375 Ta) DS2022-043, Danielle Waters, Planner re: 2022-ZBA-06 Jeffrey and Ma... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2022-ZBA-06 be approved, which would permit the approval of a Garden Suite Agreement on a temporary basis for a period of twenty (20) years in accordance with the appropriate agreement being executed by the landowners, occupants, and the Township. The application conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Respectfully submitted: Danielle Waters Planner Approvals: Date: Derek Witlib, Manager, Planning Services March 31, 2022 Development Services April 6, 2022 Report No. DS2022-043 Page 4 of 7 Page 372 of 375 Ta) DS2022-043, Danielle Waters, Planner re: 2022-ZBA-06 Jeffrey and Ma... Schedule 1: Location Map �. 14 12 10 8 6 4 2 -"—I......RI Merring ton Ave. TI II xo.�sni li�ri d. 11 8 1 3 ��aa. F3440 rI 345D [�3474 3482 9701 W C J 3516 3 F3554181 3574 3578 3584 3592 9561 3608 3612 Schedule 1 Location 0 T, h, ® Subject Lands Proud Heritage,Exciting Future 0 200 M File Number.2022-ZBA-06 ti I t 1 1 Development Services April 6, 2022 Report No. DS2022-043 Page 5 of 7 Page 373 of 375 Ta) DS2022-043, Danielle Waters, Planner re- 2022-ZBA-06 Jeffrey and Ma... Schedule 2: Aerial Photo vac r Nao�yioaa't< NoreeaNee•ya k d. I.JI I I - A 11 m L t Schedule 2 Aerial Photo Subject Lands Proud Heritage,Exciting Future 0 40 rn File Number.2022-7BA-06 N 1 t t t Development Services April 6, 2022 Report No. DS2022-043 Page 6 of 7 Page 374 of 375 Ta) DS2022-043, Danielle Waters, Planner re- 2022-ZBA-06 Jeffrey and Ma... Schedule 3: Applicant's Site Plan LINE BETWEEN L075 4 AND 5 R3 �W 3� 0 N59'. '40"E 200.06'(P) An, N59'33 '00"E 199.87' a L� o4ao f��1 a w 77 ROW OF SPRUCE 7R'eE5 �va 0 T 4 N-E ANGLE- Ems^' LOT 4.CON. 14 o z Q .�s O Y QW V I o a3z I m? E- � a z CD CONCRETE LO Q z W WELL CASING zCD ... � /••� I Z O W 3 M - H a x H z y J 4— Q se R - Cz7 Q Eo 4,' �� (NO FENCE) o� V R39o? N59'30'4U'f 20000'((P) N59'32'3G"E 199:95'(M) ` �e 90) THIS REPORT WAS PRE Schedule 3 Applicant's Site Plan 0 T hip cf File Number 2022-ZBA-06 Proud Heritage,Fxcitiug Furarre Development Services April 6, 2022 Report No. DS2022-043 Page 7 of 7 Page 375 of 375