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07 07 2022 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Township of Proud Heritage, Exciting Future Thursday, July 7, 2022 5:30 p.m. Effective Monday, March 28, 2022, all Township facilities are open to the Public for Customer Service. 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: a) Motion to Approve the Agenda. Page 1 of 387 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 18 a) Minutes of Development Services Committee meeting held on Wednesday, June 1 , 2022. 5. Public Meetings: 19 - 34 a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Part of Lot 40, Concession 1 (Vespra), Township of Oro-Medonte, West side of Penetanguishene Road, County of Simcoe (Address not assigned), 2022-ZBA-07 (Brunelle) [Refer to Item 7a) and Item 5a) 07 07 2022 Council Agenda]. 35 - 67 b) 5:45 p.m. Notice of Receipt of Complete Applications; Notice of Particulars and Public Access; Notice of Public Meeting for a Proposed Draft Plan of Subdivision and Amendment to the Zoning By-law of the Township of Oro- Medonte; Part of Lot 4, Concession 4, Registered Plan 51 R-32880, Geographic Township of Oro, Township of Oro-Medonte, 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates Ltd.). 6. Public Hearings: 68 - 86 a) 6:00 p.m. DS2022-095, Danielle Waters, Planner re: Minor Variance Application 2022-A-30 by The Timbersmith Log, 2245 Horseshoe Valley Road West. 87 - 113 b) 6:10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-39, Sharon & Roy Watson, 160 Line 7 South. 114 - 134 c) 6:20 p.m. DS2022-096, Danielle Waters, Planner re: Minor Variance Application 2022-A-40, Big Cedar (Oro) Residents Association (John Hand), 4044 Line 13 North (25 Tamarack Drive). 135 - 169 d) 6:30 p.m. DS2022-103, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-41, Siobhan Ducette, 320 Lakeshore Road East. 170 - 201 e) 6:40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-42, Aleisha and Lisa Devoe, 1039 Line 6 North. 202 - 223 f) 6:50 p.m. DS2022-097, Danielle Waters, Planner re: Minor Variance Application 2022-A-43, Sarah and Gehard Peysar, 3122 Townline. 224 - 253 g) 7:00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Development Services re: Minor Variance Application 2022-A-44, Tamara DeSousa, 29 Barrie Terrace. Page 2 of 387 254 - 279 h) 7:10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-45 by Jamie and Michelle Christie, 115 Lakeshore Road East. 280 - 305 i) 7:20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-22 by Skyline Investments Inc. Concession 3 Part Lots 1 and 2 Reference Plan 51 R9949 Part 1 (Oro). 306 - 335 j) 7:30 p.m. DS2022-105, Michael Barton, Township Planning Consultant re: Consent Application 2022-B-23 by Diane Marcellus, 5005 Vasey Road. 7. Reports of Municipal Officers: 336 - 347 a) DS2022-109, Derek Witlib, Manager, Planning Services re: Zoning By-law Amendment Application 2022-ZBA-07 by Natalie Brunelle, c/o Lise Brunelle, Part 1 , Plan 51 R-43534, Part of Lot 40, Concession 1 (Vespra) Township of Oro-Medonte [Refer to Item 5a) 07 06 2022 Council Agenda]. 348 - 387 b) DS2022-101, Andria Leigh, Deputy CAO/Director, Development Services; and Andy Karaiskakis, Senior Planner re: Official Plan Review - Comment Summary and Next Steps. 8. Next Meeting Date: Wednesday, September 7, 2022. 9. Adjournment: a) Motion to Adjourn. Page 3 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte (w Development Services Committee Minutes Township of tPi Electronic Meeting Proud Heritage,Exciting Future Wednesday, June 1, 2022 Present: Mayor H.S. Hughes Councillor Ian Veitch Deputy Mayor Ralph Hough Councillor Tammy DeSousa Councillor Shawn Scott Councillor Randy Greenlaw Regrets: Councillor Cathy Keane Staff Andria Leigh, Deputy CAO/Director, Development Services; Derek Witlib, Present: Manager, Planning Services; Catherine McCarroll, Intermediate Planner; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Harold Daynard, Manager, Information Technology; Zachary Astin, IT Help Desk Technician (IT) All Committee and staff participated via Zoom platform. The meeting commenced at 5.31 p.m., however, at approximately 7.20 p.m., it was confirmed there had been no audio during the meeting. Accordingly, the meeting was restarted in the below order. ,,& 1% 3. Disclosure of Pecuniary Interest: None declared. iN; 6. Public Hearings: h) DS2022-086, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-37, Robert and Sky Bicevskis, 1067 Lakeshore Road East. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Robert and Sky Bicevskis. Page 1 of 15 Page 4 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. The following correspondence was received: Township of Oro-Medonte, Building Division dated May 19, 2022; Township of Oro-Medonte, Manager, Development Engineering dated May 19, 2022; Township of Oro-Medonte, Operations Division dated May 27 and 31 , 2022; Lake Simcoe Region Conservation Authority dated May 30, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Matt Pryce, on behalf of the applicant, was present. Rick Ecker, on behalf of the applicant, was present. Rob Bicevskis, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220601-1 Moved by Scott, Seconded by Greenlaw It is recommended 1. That DS2022-086, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-37, Robert and Sky Bicevskis, 1067 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2022-A-37 by Robert & Sky Bicevskis, specifically for the purposes of a detached accessory building of an increased floor area of 99.7 square metres (1073 square feet) with an attached carport covering an area of 80.2 square metres (863 square feet), on lands municipally known as 1067 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-086, as amended, to remove Condition 3d). 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 2 of 15 Page 5 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. i) DS2022-081, Danielle Waters, Planner re: Minor Variance Application 2022-A-38, 1928655 Ontario Ltd., 1361 Old Barrie Road West. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by 1928655 Ontario Ltd. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2022; Township of Oro-Medonte, Operations Division dated May 18, 2022; Township of Oro-Medonte, Building Division dated May 19, 2022. Adir Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. The applicant was not present. Staff confirmed that no additional public registrations were received.,qEk ' Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220601-2 1%, "4% — Moved by Hough, Seconded by Veitch It is recommended dbk- 1 That DS2022-081, Danielle Waters, Planner re: Minor Variance Application 2022-A- 38, 1928655 Ontario Ltd., 1361 Old Barrie Road West be received and adopted. 2. That Minor Variance Application 2022-A-38 by 1928655 Ontario Ltd. specifically to permit an accessory apartment unit with a size of 100.15 square metres (1,078.0 square feet) on lands municipally known as 1361 Old Barrie Road West, be approved, subject to the conditions as outlined in DS2022-081 . 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Unanimously Carried. Page 3 of 15 Page 6 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. j) DS2022-77, Catherine McCarroll, Intermediate Planner re: Consent Application 2022- B-19, Frank Nolte, 5789 Line 4 North. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Frank Nolte. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 16, 2022; Township of Oro-Medonte, Operations Division dated May 16, 2022; Bell Canada, Right of Way dated May 19, 2022; Township of Oro-Medonte, Building Division dated May 19, 2022; Enbridge Gas Inc. dated May 24, 2022; County of Simcoe, Planning Department dated June 1, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Mark St. Denis, on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220601-3 Moved by DeSousa, Seconded by Greenlaw IVIt is recommended 1 . That DS2022-077, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-19, Frank Nolte, 5789 Line 4 North be received and adopted. 2. That Consent Application 2022-B-19 by Frank Nolte, to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), a lot depth of 33.5 metres (110.0 feet) and an area of approximately 0.2 hectares (0.5 acres) to be added to the property located at 5841 Line 4 North, be approved subject to the conditions as outlined in DS2022-077. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 15 Page 7 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. k) DS2022-078, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-21, Dianne Mawdsley, 225 Line 13 South. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Dianne Mawdsley. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2022; Township of Oro-Medonte, Building Division dated May 19, 2022; Township of Oro-Medonte, Operations Division dated May 24, 2022; Bell Canada, Right of Way dated May 26, 2022; Enbridge Gas Inc. dated May 26, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Victoria Lemieux, MHBC Planning & Development Inc., on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. h" Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220601-4 Moved by Greenlaw, Seconded by Veitch' hNI.- It is recommended 1. That DS2022-078, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-21, Dianne Mawdsley, 225 Line 13 South be received and adopted. 2. That Consent Application 2022-B-21 by Dianne Mawdsley, to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), a lot depth of 65.0 metres (213.3 feet) and an area of approximately 1 .5 hectares (3.7 acres) to be added to the property located at 325 Line 13 South, be approved subject to the conditions as outlined in DS2022-078. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 15 Page 8 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. a) Minor Variance Application 2022-A-30, The Timbersmith Log Construction Ltd., 2245 Horseshoe Valley Road West (Additional Public Hearing to be rescheduled to Thursday, July 7, 2022 Development Services Committee meeting). Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by The Timbersmith Log Construction Ltd. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 17, 2022; Township of Oro-Medonte, Operations Division dated May 17, 2022; Township of Oro-Medonte, Building Division dated May 19, 2022. Danielle Waters, Planner explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. It was stated there would be no decision at this hearing as an additional public hearing for a revised application will be rescheduled for the Thursday, July 7, 2022 Development Services Committee meeting. Cliff Walker, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Page 6 of 15 Page 9 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. b) DS2022-082, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-31 , Bruce and Ann Magee, 183 Eight Mile Point Road. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Bruce and Ann Magee. The following correspondence was received: Township of Oro-Medonte, Operations Division dated May 17, 2022; Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2022; Township of Oro-Medonte, Building Division dated May 19, 2022; Lake Simcoe Region Conservation Authority dated May 30, 2022. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Bruce Magee, applicant, was present. Staff confirmed that no additional public registration,qNks were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220601-5 Moved by Hough, Seconded by Scott It is recommended 1. That DS2022-082, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2022-A-31, Bruce and Ann Magee, 183 Eight Mile Point Road be received. 2. That Minor Variance Application 2022-A-31 by Bruce & Ann Magee, specifically for the purpose of an accessory building (detached garage) with a floor area of 76.2 square metres (820 square feet), on lands municipally known as 183 Eight Mile Point Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-082, as amended, to remove Condition d). 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 15 Page 10 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. c) DS2022-083, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-32, 2453247 Ontario Inc., 40 Lakeshore Road East. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by 2453247 Ontario Inc. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2022; Township of Oro-Medonte, Operations Division dated May 18, 2022; Township of Oro-Medonte, Building Division dated May 19, 2022; Susana Alzailaa dated May 30, 2022; Ossamah Alchamandi dated May 30, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Justin Sherry, on behalf of the applicant, was present. 1%6 Ossamah Alchamandi provided comments at the initial hearing (with no audio) regarding his concerns that the application proposed development that was too close to his property. Mr. Alchamandi was not present during the retake of the hearing. It was stated that Mr. Alchamandi had also submitted written correspondence dated May 30, 2022 that outline his concerns. Staff confirmed that one additional public registration was received but was not in attendance. Staff confirmed that no additional correspondence from the public was received during this meeting. a NONEmmvmahh There being no further comments or questions, the hearing adjourned. Motion No. DSC220601-6 Moved by Hough, Seconded by Greenlaw It is recommended 1. That DS2022-083, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-32, 2453247 Ontario Inc., 40 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2022-A-32 by 2453427 Ontario Inc., specifically for permission to build a new detached dwelling set back 1.22 metres from the east interior side lot line with an attached garage sharing at least 37% of a common wall with the dwelling, be approved subject to the conditions as outlined in DS2022-083. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 15 Page 11 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. d) DS2022-084, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-33, Beverley Crawford, 411 Lakeshore Road East. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Beverley Crawford. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2022; Township of Oro-Medonte, Operations Division dated May 18, 2022; Township of Oro-Medonte, Building Division dated May 19, 2022; Lake Simcoe Region Conservation Authority dated May 30, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Susan Bradley, on behalf of applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. it `q� qw% There being no further comments or questions, the hearing adjourned. Motion No. DSC220601-7 Moved by DeSousa, Seconded by Scott It is recommended 1 . That DS2022-084, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-33, Beverley Crawford, 411 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2022-A-33 by Beverly Crawford, specifically for permission to build a detached structure in the front yard with a maximum floor area of 85.9 m2 (70 m2 permitted) be approved subject to the conditions as outlined in DS2022-084. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 15 Page 12 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. e) DS2022-085, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-34, George and Sepi Horne, 2315 Lakeshore Road East. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by George and Sepi Horne. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2022; Township of Oro-Medonte, Building Division dated May 19, 2022; Township of Oro-Medonte, Operations Division dated May 30, 2022; Lake Simcoe Region Conservation Authority dated May 31, 2022. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Breanna Allen, on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220601-8 Moved by Veitch, Seconded by Hough It is recommended V� : 1. That DS2022-085, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-34, George and Sepi Horne, 2315 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2022-A-34 by George & Sepi Horne, specifically for permission to build a detached dwelling with attached garage set back 1.8 metres from the south interior side lot line be approved subject to the conditions as outlined in DS2022-085. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 15 Page 13 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. f) DS2022-080, Danielle Waters, Planner re: Minor Variance Application 2022-A-35, Diana Deakin-Thomas, 72 Huronwoods Drive. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Diana Deakin-Thomas. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 17, 2022; Township of Oro-Medonte, Operations Division dated May 17, 2022; Township of Oro-Medonte, Building Division dated May 19, 2022. Aff Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Graham Thomas, on behalf of the applicant, was present. Diana Deakin-Thomas, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. it `q� q1% There being no further comments or questions, the hearing adjourned. Motion No. DSC220601-9 Moved by Veitch, Seconded by Scott It is recommended 1 . That DS2022-080, Danielle Waters, Planner re: Minor Variance Application 2022-A- 35, Diana Deakin-Thomas, 72 Huronwoods Drive be received and adopted. 2. That Minor Variance Application 2022-A-35 by Diana Deakin-Thomas specifically to permit the construction of a two-storey single detached dwelling addition with a reduced front yard of 4.17 metres (13.7 feet) on lands municipally known as 72 Huronwoods Drive, be approved, subject to the conditions as outlined in DS2022- 080. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 11 of 15 Page 14 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. g) DS2022-076, Catherine McCarroll, Senior Planner re: Minor Variance Application 2022-A-36, Debby Storey & Graham Western, 235 Lakeshore Road West. Mayor H.S. Hughes called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Debby Storey and Graham Western. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2022; Township of Oro-Medonte, Building Division dated May 19, 2022; Township of Oro-Medonte, Operations Division dated May 24, 2022; Lake Simcoe Region Conservation Authority dated May 30, 2022. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Matt Pryce, on behalf of the applicant, was present. Rick Ecker, on behalf of the applicant, was present. Graham Western, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. W_q%Motion No. DSC220601-10 Moved by Scott, Seconded by DeSousa It is recommended 1. That DS2022-076, Catherine McCarroll, Senior Planner re: Minor Variance Application 2022-A-36, Debby Storey & Graham Western, 235 Lakeshore Road West be received and adopted. 2. That Minor Variance Application 2022-A-36 by Debby Storey & Graham Western specifically for permission to build a one-storey addition to the existing non- complying single detached dwelling with a reduced setback of 14.0 metres (46.0 feet) from the average high water mark of Lake Simcoe and a reduced setback of 1.3 metres (4.2 feet) from the exterior side lot line, and an increase in the useable floor area within the required exterior and rear yards by approximately 26.4 square metres (284.3 square feet), and to build a one-storey addition to the existing detached accessory building (garage) with a total floor area of 87.8 square metres (945.0 square feet) and an increased lot coverage of 5.5%, on lands municipally known as 235 Lakeshore Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-076. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 12 of 15 Page 15 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. 7. Reports of Municipal Officers: a) DS2022-079, Danielle Waters, Planner re: Ontario Land Tribunal (OLT) Hearing Representation Minor Variance Application 2021-A-76 (Masalova) 2239 Lakeshore Road East. Motion No. DSC220601-11 Moved by Greenlaw, Seconded by Scott It is recommended A& 1 . That DS2022-079, Danielle Waters, Planner re: Ontario Land Tribunal (OLT) Hearing Representation, Minor Variance Application 2021-A-76 (Masalova) 2239 Lakeshore Road East be received and adopted. 2. That staff proceed with Option #2 as outlined in DS2022-079 in preparation for the Ontario Land Tribunal (OLT) hearing scheduled for June 21, 2022. 3. That the parties be advised of Committee's decision under the Deputy CAO/Director, Development Services' signature. `C Carried. b) DS2022-087, Derek Witlib, Manager, Planning Services re: Deeming By-law Application 2022-D-02 by Robert & Sky Bicevskis, 1065 & 1067 Lakeshore Road East, Lots 15, 16 & 17, Plan 882 [Refer to Item 5b) 06 01 2022 Council Agenda]. Motion No. DSC220601-12 Moved by DeSousa, Seconded by Hough It is recommended 40 1 . That DS2022-087, Derek Witlib, Manager, Planning Services re: Deeming By-law Application 2022-D-02 by Robert & Sky Bicevskis, 1065 & 1067 Lakeshore Road East, Lots 15, 16 & 17, Plan 882 be received and adopted. 2. That Deeming By-law Application 2022-D-02 by Robert & Sky Bicevskis, to deem the two parcels (Lots 15 & 16 on Plan 882 and Lot 17 on Plan 882) under the Planning Act not to be a registered plan of subdivision, for lands located at 1065 Lakeshore Road East and 1067 Lakeshore Road East, Township of Oro-Medonte, be approved. 3. That the appropriate draft by-law be brought forward for Council's consideration. 4. That the applicant be advised of the Committee's decision under the Director, Development Services signature. Carried. Page 13 of 15 Page 16 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. c) DS2022-088, Derek Witlib, Manager, Planning Services re: Deeming By-law Application 2003-D-01 , Jennifer & John Brundage, 23 Maple Ridge Road, Lots 11 & 12, Plan 51 M- 726 [Refer to Item 5a) 06 01 2022 Council Agenda]. The Committee consented to allow John Brundage to provide additional comments. Motion No. DSC220601-13 Moved by Veitch, Seconded by Scott It is recommended A& 1 . That Report No. DS2022-088, Derek Witlib, Manager, Planning Services re: Deeming By-law Application 2003-D-01, Jennifer & John Brundage, 23 Maple Ridge Road, Lots 11 & 12, Plan 51 M-726 be received and adopted. 2. That Deeming By-law 2003-006 that was to have deemed Lots 11 & 12, Plan 51 M- 726 under the Planning Act not to be a registered plan of subdivision, for lands located at 23 Maple Ridge Road and adjacent parcel to the east (address not assigned), Township of Oro-Medonte, be repealed. 3. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Carried. d) DS2022-089, Derek Witlib, Manager, Planning Services re: Planning Division Activity Summary. This item is to be brought forward to the Thursday, July 7, 2022 Development Services Committee meeting. A_Ih 4. Approval of MinutesN a) Minutes of Development Services Committee meeting held on Wednesday, May 4, 2022. Motion No. DSC220601-14 Moved by Scott, Seconded by Veitch It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, May 4, 2022 be received and approved as printed and circulated. Carried. Page 14 of 15 Page 17 of 387 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 1, 2022. 5. Public Meetings: None. 8. Next Meeting Date: Thursday, July 7, 2022. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC220601-15 Moved by Hough, Seconded by Greenlaw It is recommended that we do now adjourn at 9:35 p.m.-Iw Carried. Mayor H.S. Hughes, Chair erek Witlib, Manager, Planning Services Page 15 of 15 Page 18 of 387 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2022-ZBA-07 (Brunelle) Due to the evolving public heath situation (COVID-19), the Township will Iivestream the Public Meeting over the internet for public viewing and participation. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend the Zoning By-law to be a"Complete"Application pursuant to the Planning Act on the 3rd day of June, 2022. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a Public Meeting on July 7, 2022 at 5:30 p.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to the Zoning By-law. The subject lands are legally described as Part of Lot 40, Concession 1 (Vespra), Township of Oro-Medonte,West side of Penetanguishene Road, County of Simcoe (Address not assigned). A key map illustrating the location of the subject lands and a detail map of the portion of the lands to be rezoned are included with this notice. The purpose and effect of the proposed amendmment to Zoning By-law 97-95 is to rezone a portion of the subject lands from the Agricultural/Rural Exception 15 (A/RU*15)Zone to a Residetnial One (R1)Zone. This application is to fullfill a condition of Consent Application 2021-B-32 that was conditionally approved on September 1, 2021 for the purpose of creating one new residetnial lot. 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. 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 July 7,2022. 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,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 application is part of the public record and is available to the public for viewing/inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building and available on the Township's website www.oro- medonte.ca. Any person wishing further information or clarification with regard to the application or to arrange to inspect the application should contact the Planning Division at 705-487-2171. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. Page 19 of 387 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... If you wish to be notified of the passing or refusal by the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn:Andria Leigh, Director, Development Services plan ning@oro-medonte.ca Dated at the Township of Oro-Medonte this 7th day of June, 2022. Location Map ti .cam P[ocee:Cir. — C c d L N_ C, Lands To Be "R" m Rezoned cL a Subject Lands --- -- ®Subject Lands Page 20 of 387 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Detail Map ��rs= 3350 Gid <npp Ria9e a ad T 1 a t N 3346 w Lands To Be Rezoned d a { t 3342 3324 Page 21 of 387 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Decision Application No.: 2021-B-32 Part of Lot lr9 40, Con. 1 (Vespra) .. .........:..:.:. Township of Oro-Medonte In the matter of the Planning Act, R.S.O., c.P. 13 1990, as amended,Sections 53 and 54; In the matter of Application No.:2021-B-32 (Brunelle), Part of Lot 40, Con. 1 (Vespra) Whereas the purpose of Consent Application 2021-B-32 is for consent to sever a new lot for residential purposes; Whereas the lands to be severed would have a frontage of approximately 71.1 metres (233.0 feet), a lot depth of approximately 59.7 metres (196.0 feet), and a lot area of approximately 0.41 ha (1.01 acres), for proposed residential use; Whereas the lands to be retained would have a frontage of approximately 23.0 metres (75.5 feet), a lot depth of approximately 1,062.7 metres (3,487 feet), and a lot area of approximately 13.14 ha (32.5 acres), for continued agriculture use; Whereas the subject lands are designated Living Area in the Craighurst Secondary Plan in the Township's Official Plan and are zoned Agricultural/Rural Exception 15 (A/RU*15) and Environmental Protection (EP), in the Township's Zoning By-law 97-95; Whereas having had regard to those matters addressed by the Planning Act, in accordance with the rules and procedures prescribed under Ontario Regulation 197/96, as amended, and having considered all relevant information and material as presented at the public hearing on the 1st day of September,2021, including written and oral submissions received from the public, it is the decision of the Committee: That Consent Application 2021-B-32 by Natalie Brunelle c/o Lise Brunelle be approved 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 severed lands be rezoned to a Residential 1 (R1)Zone to the satisfaction of the Township of Oro-Medonte; c) 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; d) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed,for review by the Municipality; f) That all municipal taxes be paid to the Township of Oro-Medonte; and, g) That the applicant apply to the County of Simcoe for an Entrance Permit for the severed and retained parcels. Carried. Dated this 1st day of September, 2021. Andy Karaiskakis Secretary-Treasurer Page 22 of 387 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Decision Application No. 2021-B-32 Page 2 of 3 Please Note: 1. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized). 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. 2. The Certificate of Consent Form 2 pursuant to Section 53(42)of the Planning Act cannot be given until all conditions of consent have been fulfilled. Take Notice that pursuant to Section 45(12) of the Planning Act, R.S.O. 1990, c.P. 13, as amended and Bill 139, the above decision and/or conditions may be appealed to the Ontario Land Tribunal ("OLT"). Only individuals, corporations and public bodies may appeal decisions in respect of applications for variance to the OLT. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group. The last day of filing an appeal is the 215t day of September,2021. A"Notice of Appeal"setting out in writing the supporting reasons for the appeal should be received on or before the last date for"Appeal" accompanied by a completed Ontario Land Tribunal Appellant Form, and by the fee charged under the Ontario Land Tribunal Act, 2021, payable by certified cheque to the Minister of Finance, Province of Ontario. Please refer to the Tribunal's website for appellant form, fee and more information on filing an appeal (https:Holt.gov.on.ca/tribunals/lpat/about-Ipat/). The notice is to be submitted to the attention of: Secretary-Treasurer, Development Services Committee, Township of Oro-Medonte, 148 Line 7 South, Oro-Medonte, Ontario, LOL 2XO. Location Map: I t I!� e s Page 23 of 387 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Decision Application No. 2021-13-32 Page 3 of 3 Applicant's Consent Sketches: q 3350 4 3145 J 194 A� q d, c6 9G r�oP S 99 3346 g9 �O Lands to be Severed c� -0.416(1 0S-' Lands to be Retained ±13137(32.46ac) 5d' 3342 E,sePne Ex, Dw clliny Scale 1:1,000 r CONSENT SKETCH ' rt of Lot 40 Concession 1 �-gtturst,Township of 0—dome Countyo simcoe �`" °'° °ems•° 5=3�3a�e, La h o�z P 3350 Fe` mas I ceaM1 slime no3.�� f�m ,� Lot ceaM1. xl.o6x.m a i 0, Applkant 1111211,111,111,111 r tn�me IMI �1;. celeste awwvs =-=•t=�=e•^.=^ Page 24 of 387 Zoning By-law Amendment Application 2022-ZBA-07 (Brunelle) Cn v Location: 3342 Penetanguishene W Road 3 Horseshoe Valley,„ Zoning: Agricultural/Rural (A/RU) 0 0 0 Official Plan: Rural Settlement x � �i 0 0 Current Use: Agricultural - ----- 0 Lands Ta Be Rezoned N Subject Lands L_- 0 Sub�eR Lantls l V D m N — 0. O00 � !v v Pr—d Heritage,Ex Wug Future z 0 0 CD 0 Zoning By-law Amendment Application 2022-ZBA-07 (Brunelle) Cn v Purpose: The purpose and effect of the proposed amendment to Zoning By-law W 97-95 is to rezone a portion of the subject lands from the Agricultural/Rural 0 Exception 15 (A/RU*15) Zone to a Residential One (R1 ) Zone. This application is to fulfill a condition of Consent Application 2021-B-32 that was conditionally 0 approved on September 1 , 2021 for the purpose of creating one new residentialCD 0 lot. X CD 0 v n 0 3 CD CD v D m � N — 0 �. O 00 / ownship of 0 W ` tTl_ Praiir(HrrinRr,Ezrifing Ferliirr z 0 .-f 0 CD 0 Zoning By-law Amendment Application 2022-ZBA-07 (Brunelle) a6 v ` Aerial Photo: M_- �'E—■ =2�68����� � ,� ':= �. 22 Horseshoe Valley Rd.W. y � aRi i2093fT#e• ,, 3239' W 3378 � 3370 221' 3362 3781 911 318 . 0 ¢1 3175 A 0 3342 ]� 314, 0 3323 x ,351 C3J (D 300 93; _0 0 3276 M l J 3015 0 3 3238 3035 (D .-f 0 3015 D (D 3196 N — 4 �. O 3780 CJ 4 Pr—d Heritage,Exciting Fufurr z 0 .-f 0 0 0 Zoning By-law Amendment Application 2022-ZBA-07 (Brunelle) Cn v Aerial Photo (Close-up of Lands to be Rezoned: `" o z O f *9 CD O 6., h Lands To x Be Rezoned q CD d CD. O 0 O T (D r-f 33a2 CD v D m N — W 0. O �� — 00 4 Arad Heritage,Exciting Fufurr z O .-f n CD O Zoning By-law Amendment Application 2022-ZBA-07 (Brunelle) Cn v Craighurst Secondary Plan: ' W III o i 3 z 0 CD o, CD x 0 CD v n 0 3 ■ Employment Area m v Living Area D m . Community Use Area N — oEnvironmental Protection One v W Township of,/O Praiir(Hrri�nRr,Ezrifin,�Fer1,,,.r z 0 .-f 0 CD 0 h Zoning By-law Amendment Application 2022-ZBA-07 (Brunelle) v w 0 Notice of a Public Meet ll of the To ill z of Om-Medante pursuant td Section 34112) p al the Planning Actin respect to a proposed toning 6y-law pmendmerd 0 12022.2BA-071. __ (D Meeting Bale:July 7.2022 at 5:38 p.m. p The Township will live stream the Public Meeting.Please reler to the Township's Wehsite fwww.oro-medonle.cal for (D Meshuam viewng and participallon n information. O Proposed use:Rezone lands from �' Agricultural Rural Exception 15 Zone to ,..f ecsldenhal 1 Zone tcrwx,d fulfillment of a .condition of approved Consent Application O 2021-11-32. h Any person may write or attend to Present submissions.For more information,contact the Tow hip Planning Department at(70 W87.2171 O an ®e edonle.ca..``// 3 CD .-f CD v D iQ m Notice sign °° —hip : c 2tPi Pr—d Heritage,Exciting Fururr z O .-f n CD O h Zoning By-law Amendment Application 2022-ZBA-07 (Brunelle) Cs ALI- .. ... _ _ CD O Y{ CD Pu61ic z "" of the iauir�sknJ ;1 Z` Hutice v1 a YAeeling �s!, ! . piO,,. PONU neeSPp�ttltan341t21 i�wanendWent r r e PrvP05ea toning BY• -__ - �'LU22-E6A•07}, �©22 a15:3D�n'• °:°�-�i' Se`� Meeting Pale;Jt-r Lhe Puhlic The Tawtlship wifllNe beam Meeting.Please refer io nee Township s prom nd paz[CaPgnn wehsite l �. and �livestre;sm viewtog infprmztion. _ ..�landSSgtlm .M Lands to be Rezoned - Looking Lands to be Rezoned - Looking East West 6100 { Pr—d Heritage,Exciting Fururr z O .-f n CD 0 Zoning By-law Amendment Application 2022-ZBA-07 (Brunelle) v w 0 z O 0. 9 O CD I �,� r• 1 0 m Penetanguishene Rd. - Penetanguishene Rd. W Looking North - Looking South N n O � �I vi Zr Pr-d Heritage,Exciting Fufurr z O .-f n CD O Zoning By-law Amendment Application 2022-ZBA-07 (Brunelle) Cn v r Subject lands Township owned parcel CD W — W 0 00 =. Pr—d Heritage,Exciting Fufurr z 0 .-f 0 0 0 Zoning By-law Amendment Application 2022-ZBA-07 (Brunelle) v Recommendation: Approve w It is recommended: 0 1.That Report DS2022-109 be received and adopted; Z 0 2.That Zoning By-law Amendment Application 2022-ZBA-07 by Natalie Brunelle c/o Lise 0 CD Brunelle, specifically to rezone to a Residential One Exception 338 (R1*338) Zone the 0 severed lands identified in Consent Application 2021-B-32 for lands described as Part 1, Plan 51 R-43534, Part of Lot 40, Concession 1 (Vespra), Township of Oro-Medonte, be 0 approved. 0 3.That the Deputy Clerk bring forward the appropriate By-law for the Council's v consideration; n 0 3 4.And that the applicant be advised of the Committee's decision under the Secretary m Treasurer's signature. m D m � w -0. 0 v T / h—hip of 0 4 � Pra d HrHli g,,Ez iimg-Ferliirr Z 0 .-f 0 0 0 h 5.b) 5:45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Notice of Receipt of Complete Applications Notice of Particulars and Public Access Notice of Public Meeting for a Proposed Draft Plan of Subdivision and Amendment to the Zoning By-law of the Township of Oro-Medonte 2022-SUB-02&2022-ZBA-08 (Eagles Landing Estates Ltd.) Due to the evolving public heath situation (COVID-19), the Township will livestream the Public Hearing over the internet for public viewing and participation. Please refer to the Township's website(oro-medonte.ca)for Public Hearing viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following applications to be"Complete Applications" pursuant to the Planning Act on the 21st day of May, 2022. Take notice that the Development Services Committee of the Township of Oro-Medonte will hold a livestreamed Public Meeting on July 7,2022 at 5:45 p.m. The purpose of the Public Meeting is to obtain public comments on a proposed Draft Plan of Subdivision and Amendment to the Zoning By-law. The subject lands are located at 2735 Line 3 North and are described as Part of Lot 4, Concession 4, Registered Plan 51 R-32880, Geographic Township of Oro, Township of Oro- Medonte. A key map illustrating the location of the subject lands and a copy of the applicants Draft Plan of Subdivision are included with this notice. The purpose of Application 2022-SUB-02 is to consider a proposal for a Draft Plan of Subdivision comprised of 127 single detached residential lots, a parkland block and a stormwater management block. The purpose of Application 2022-ZBA-08 is to consider a proposal to amend Zoning By-law No. 97-95, as amended, by rezoning the subject lands from the Agricultural/Rural (A/RU)Zone to the Residential One Exception(R1*XXX)Zone and Open Space (OS)Zone. More details regarding the proposed Zoning By-law Amendment are included with this Notice. Any person may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed 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 by no later than 12:00 p.m. noon on July 7, 2022. Please ensure that you include your name, phone number, mailing address and e-mail address so that you may be contacted if necessary. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused and/or before the Draft Plan of Subdivision is approved or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. The applications are part of the public record and are available to the public for viewing/inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building and available on the Township's website www.oro-medonte.ca.Any person wishing further information or clarification with regard to the applications or to arrange to inspect the applications should contact the Planning Division at 705-487-2171. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment and/or of the proposed Draft Plan of Subdivision, you must make a written request. Page 35 of 387 5.b) 5:45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn:Andria Leigh, Deputy Chief Administrative Officer/Director, Development Services planninq(a)oro-medonte.ca Dated at the Township of Oro-Medonte this 2nd day of June, 2022. Location Map �d Or ® Subject Lands Page 36 of 387 5.b) 5:45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Applicant's Draft Plan of Subdivision 3&N(70�370`J`JNI151X3 3S2lfi0.7�lb'J'JNI1SlX3 O/UJ?Sem tll£'� lVI1N3QIS321;JNIISIX. i QE4 AoolB 1,. � I F M N LO 00 OZ aa'0z. Woz... .Oo'°z-- ay.1 - eP'vc *' o Go BLS Qv -- 1'8P -ova 00'OL, 00'0L oo Bz� O0'Oz OZ u \20.0 51.3 a qc L OS 51.2 - 005 ♦ �° a 0) p 51 1 * * 4 # 0-09 ♦ N o N Q 0) CO Fl- ((3 L(? B CO N Ln Ln 1.7 - £0ZZ 9'gY ♦ m R tl. 1332116 " T ~ "Z 5z'Cz £'R Zz o xnN CO M M CO k1i M 50.7_. * 0 0 0 4 O 0 ♦ Lid S ;so a, $� L 6LLL- 6M $b9 ♦ F` - 3 t ♦ ^ oo L) csr m 503_ N. TNL x t 00 Q z ♦ ~.N 0r 51.2 _ '.i m 0Q_ � U 1 4 m sLLL ecc eLL ,. - o 06 D b O R 0 ♦ '/ / $ 20.0 n Q LO M N / ♦ qpn N N N N N N 49'S - 00'9L pow_ y>£L Zb'EZ LP'EZ Zb'£Z LV � ♦ 00 n a. 13 3 a 15 50.g � (� ♦ '40Zd -Op'py 00 eZ WO£ WOZ 00'OL 20.00 LS'EZ �N N 00 ♦ M g 50.1_ J 0 ( 0) Q p p p $ # # # # # 11 # # T L'gk ♦ CO y aP 50.eM CO O O O Q O aSVi _ 00 r r T r T T Y I L'g4 51.1 -- - p9'yZ.'., 00"OZ OOOL 00'OZ W'Oz Lu'Oz. 00'0z ___... CO o ,�. 133a1S �s 51,2 Sb'LZ 00 OL 00 LZ 000£ 00'0z OO BL 20.00 OE LL Go 51.3 T r 51A OO Fr _ Z.BP -c � o Oz Zero # # *. T CA$, C4 tO L11 M N Q i ZBP , 51,3 T T T T r r N'r -$_�L N O`C $ \`SZZy 006ZJ p0'LZ 000Z OO oz 60'9Z 00= pp yZ ,J M ,y 517 go CO 2 Wo aC °gag # m E '•.59.Az 00 oL Ww 00'Bz do Oz -oow WOZ 21bo r7 v Udll 0) o T N n V LD (D h 00 Sim" 51:8 # # # # # .IL * 4( sQ^ buimf5ii Seq j 5trt1460'eO- «, ZE6 HoolB LEG 100E9 aAJasea WC-0 -- - '114 60.0 S EEC 10019 Ouluapm Peo21 WO-S HI�JON£3Nl1 OEL ro1g Page 37 of 387 5.b) 5:45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Applicant's Proposed Zoning By-law Amendment Section 4.1, Table B, and Section 7.0: Residential One Exception (R1*XXX)Zone Development Required Proposed Variation Standard Notwithstanding Section 5.9.1 of Zoning By-law 97-95, unenclosed porches and balconies may encroach into the exterior side yard a distance of no more than 1.5 metres on lands zoned R1*XXX. Building setback measurements: For the purposes of this By-law, building setbacks shall be measured from the property line prior to the dedication of 0.3 metre reserves,where required. Minimum Lot 0.2 0.09 hectares(900 1,100 square metres Area Hectares square metres) decrease Minimum Lot 30 m 20 m 10 m decrease Frontage Minimum 7.5 m To dwelling 4.5 m 3 m decrease Required To garage 6.0 m (dwelling) Front 1.5 m decrease Yard (garage) Minimum 4.5 m To dwelling 3.0 m 1.5 m decrease Required (dwelling) Exterior Side Yard Minimum 2.5 m 1.2 m 1.3 m decrease Required Interior Side Yard Maximum None 50% N/A Building Coverage Scale 1 R X Rl XX Rl x s -:os Scale 1:6,000 Lands Subject to Zoning By-Law Amendment t Lands to be Zoned Residential One•Exception(RI.XXX) Lands to be Zoned Open Space(OS) � Page 38 of 387 Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) Cn Location: 2735 Line 3 North \ °4 "°r °T, r° x Cn Zoning: Agricultural/Rural (A/RU) dgeor > 3 z 0 Official Plan: Horseshoe Valley nCD Settlement Area U 0 Current Use: Vacant 0 h n 0 CD CD ®wbjW Lams D v � co w n. v w p � Pr—d Heritage,Exciting Fut,,e z 0 .-f 0 CD 0 Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) Purpose of 2022-SUB-02: The purpose of Application 2022-SUB-02 is to consider a proposal for a Draft Plan of Subdivision comprised of 127 single Cn detached residential lots, a parkland block and a stormwater management block. z 0 Purpose of 2022-ZBA-08: The purpose of Application 2022-ZBA-08 is to CD consider a proposal to amend Zoning By-law No. 97-95, as amended, by x CD rezoning the subject lands from the Agricultural/Rural (A/RU) Zone to the Residential One Exception(R1 *XXX) Zone and Open Space (OS) Zone. More o details regarding the proposed Zoning By-law Amendment are included with this o Notice. 3 CD CD v � m — � 0. o v O ca =3 Co (Q J P"'d HrHll gr,Ez iimg Ferliirr Z 0 .-f 0 CD 0 Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) Studies and reports submitted with the applications: • Draft Plan of Subdivision • Planning Justification Report • Draft Zoning By-law Amendment o • Geotechnical Investigation 0 • Hydrogeological Assessment(including NVCA Hydrogeological 0 Assessment Checklist) CD • Traffic Impact Study (D. • Functional Servicing Report (including Stormwater o Management) o • Environmental Impact Study 3 • Arborist Report CD • Stage 1-2 Archaeological Assessment D • Engineering, Tree Inventory and Preservation Plans 0. o _49-14110� o Cl) Township of (p W `9 Praiir(HrrinRr,Ezrifing Ferliirr z 0 .-f 0 CD 0 Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) Aerial Photo: "° ►��► v�'�,/ Elm '"" 3 z 0 CD 1 M /�/N C ♦V 0 '-F 0 ti^t l J 0 3 CD r-F CD D v � m — o - 0 c a /'CJG" CO Pr—d Heritage,Exciting Fufurr z 0 .-f 0 CD 0 Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) Cn County of Simcoe Official Plan Land Use: o N D ory�c ir. RitlgewoodCr. z o A Horsesho�a 0 0 I� CD CD r-f O l J 0 �!Subject Lands (p m Settlements D ass Lake srd=W. > Greenlands ja w - Rural 0 o W #= 00 /'CJG"c ZLtP/ J Pr—d Heritage,Exciting Fururr z 0 .-f 0 CD 0 Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) Cln Township Official Plan 01 Land Use: —W Nortl' T'vRd l- 0 aA Hors slio .�-�_r� �_ 0 0 1I N + CID tD r r-f 0 l J 0 3 0 r-f SubjectLands (D Oro Moraine Boundary -Oro Moraine Core/Corridor Area z e sLak srd.w. � [Moro Moraine Planning Area �_Oro Moraine Enhancement Area _0 Rural -Edgar Centre Special Policy Area 0 0 1 Major Open Space Secondary Plan Area _\O W �� ~ 0 We Pr—d Heritage,Exciting Fufurr Z 0 .-f 0 0 0 Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) Existing Zoning: - (n s `n iJ° R1P ay o z m. � '93 ortlic Tr. Ritlgewootl Ct. O v°a -- -- N p � n (D a «_-- .� O mm 0 m cx O a Subject lands 1 Q D (�[ 0.1x�° (CD (D L R1(Residential One) PR(Private Recreational) a '" 0 R2(Residential Two) MAR2(Mineral Agregate Resource Two) ��eassuake smr_w. A/RU(Agricultural/Rural) I(Institutional) (D EP(Environmental Protection) Ul OS(Open Space) P — 00 4 J Pr—d Heritage,Ex W,,g Fut,,e Z O .-f n CD O h Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) Cn Applicant's Site Plan: 0.3m Rwsrvy,- _ 85 94 93 82 81 80 89 88 87 BB 85. 84 63 K 82 .y 81 G 80 a 78 g 78 x 77 78 75 74 73 72 71 ry 70 68 �68 z 'o,~o'o:n lm eraeery 127)* +112ma. mp 111* .�.,.Raraee...53 a lea* � 0 CD 0_a 65.` -e 54 0128* I. r113 a 11 0 + 69 125 0o Su 553 ZBu 63 a4 5 1 .99 T 49* *58 a 08*_ c Y 'R-a n 6 123 +116 107* .100 * *57 0 . 24o122 *117 108* 47 +58 81 a118 105+ 02 A48 59 07r121 45 0119 104 103 22. 35 2 * 60 B 129 44 lornnxa 0 ` x 21 s 2 Ala.a9emem .r� 36 a ••a 43 a m o 3 .9 < �T+ ss +0 1. 12 13 14 j 15 37 3 39 40 42 n (D Box 133 - -- - - D 0 3t,R.x (D � F311 0 1 1 y ' �0 cJ (�i�oG^�2tPi u' 00 J Pr—d Heritage,Ex W,,g Fufurr Z 0 .-f 0 0 0 Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) Applicant's Proposed Zoning By-law Amendment: Section 4.7,Table B,and Section 7.0:Residential One Fxception (R1•XXX)Zone Z Development I Required I Proposed Variation 0 Standard 0' Notwithstanding Section 5.9.1 of Zoning By-law 97-95,unenctosed porches CD e j' nip arid balconies may encroach into the exterior side yard a distance of no more than 1.5 metres on lands zoned Rt'XXX. 0 Building setback measurements:For the purposes of this By-law,building CD setbacks shall be measured from the property line prior to the dedication of 0.3 metre reserves,where required- 0 ...... _. Minimum Lot 0.2 0.09 hectares(900 1,100 square metres � Area Hectares uare metres decrease 0 Minimum Lot 30 m 20 m 10 m decrease h a, Frontage Minimum 7.5 m To dwelling 4.5 m 3 m decrease n Required To garage 5.0 m (dwelling) 0 Front 1.5 m decrease 3 Yard (garage) Minimum 4.5 m To dwelling 3.0 m 1.5 m decrease Required (dwelling) Exterior CD Side Yard D Scale 1:5.000 Minimum 2.5 m 1.2 m 1.3_m decrease terbs Subject to Zone BY—Aardnnnt Required (Q i/ SInterior (D J lanes q W land Reodentiel pn-FxepYan lRlp0k1 `�//�tyt Side Yard � JO1W Maximum None 50% WA n tales w tw toned Cow apaoe(Oa) a .. Building 0 Coverage 0 �\ WIs 00 4 (fie ��E'CCOf2 � to J `r,�Arra d Heritage,Exciting Fufurr Z 0 0 0 0 h Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) r °I I 0 0 CD `up 0 0 0 ai 0 CD CD fU 1,� ,�, rr r •� y., +�n, S ,'.. (D CO v Notice signs posted CO (�fYJG"c%2lCCCJ/tttPi J Pr—d Heritage,Exciting Fufurr Z 0 .-f 0 0 0 Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) z O 0' m O CD 0,. w (D O h n O 3 (D M Existing golf course to the North Looking South at site o _ �o w °° (�fYJ�e �2�?C�O/2tPi to J Pr—d Heritage,Exciting Fufurr z O .-f n CD O Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) g 3 0 CD ¢b, 0 CD µ � 11 A ul � e ft_ =6tA� t 0 3 - lVmm �mmF lV D Existing residential and golf course to the North cJ �; s 00 (�fYJG"c%2lCCCJ/tttPi Pr—d Heritage,Exciting Fufurr Z 0 .-f 0 CD 0 Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) 0 0 m 0 m 0 CD 0 O 4, 3 (D D North limit of site adjacent to golf North limit of site looking east �. course from Horseshoe Ridge 0 � o °° t9 �o% lleco�t.� J Praiir(Hrri�nRr,Ezrifing Ferliirr z 0 .-f 0 0 0 Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) i ra • � 3 Z O 0 N O (D 0 (D O 0 14 �; O Y W m lV CD cQ � N North limit of site looking west v 0 O W Tow�hip °�4 O/Y��LtPi Araard Heril�gr,Ea W,,g Future Z O .-f n CD O Subdivision and Zoning By-law Amendment Applications 2022-SUB-02 & 2022-ZBA-08 (Eagles Landing Estates) Recommendation: Cn This concludes staff's summary/overview of the planning context and summary P of the applications. 0 There will be no decision made at tonight's meeting. The purpose is to receive 0 CD public comments. 0 A recommendation report will be prepared by Staff and the applications will be o considered by the Committee at a future date once comments from the public, 3 CD agencies and Township Departments are received and a planning analysis is CD completed. Cn w v 0 0 CJ W Township of (p W `9 Pra d Hrriingr,Ez iiing Ferliirr z 0 .-f 0 CD 0 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... StatutoryPublic Meeting 2735 Line 3 North Eagles' Landing Estates Zoning By-law Amendment & Draft Plan of Subdivision July 7, 2022 If ���� j ONES Presentation by: Brandi L. Clement,MCIP, RPP,Partner,The Jones Consulting Group Ltd. �� CONSULTING GROUP LTD. , PLANNERS & ENGINEERS Page 54 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Site Location & Surrounding Land Uses y. .* W1756 •Southwest Area of Horseshoe Settlement Area '����0 �� ' �a�"s9p � � ,► s.i ♦ 3A' -Lot Area: 2 0.7 ha Residential Resideniia\ �, •,tea,. ,r l • Total Frontage: 304 m on Line 3 North +► • .� •Property Depth: 68o m Forest Area: 20.7 ha • Vacant Lands; partially 011, , . treed ntial - j facant JONES CONSULTING GROUP LTD. PLANNERS & ENGINEERS 2 Page 55 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Proposed Development Concept I,,.,134 0.3rn RaeL�we_ 95 94 93 92 y 91 90 89 88 87 86 85 84 83 82 - 81 80 79 78 77 76 75 74 73 72 71 70 69 68 AAv Yv.00 ]OLtl N.00 M.00 zTe9 zaW »eo Y- .. YAM — 'cave nen — aam 1— ". '". — — aeon —. -'— .. '.b Py i z p Paf^1W^dnB 9TRLET•A' — _ __ 67 9PREEiA° o $ 127 96 29+ 112 p 11.1+ * • .az + 29 d 52* *53 -66 i 865+ * 2 a m 126* a *113 R �yG k 110+ *97 a we _®_o oEz ..•earea ** "pm "aa ...a ws - s- Wn — _..e o 30 9 o, 51..*_ a e *5-4 e aRR 6427nj0-1,126 2 114 109+ 93 50* 55 20 pepe 31 . 1.04 ha 10 * *5 63 4 124+ 115 — - - o * 5 a 123* *116 a 6¢107* *100 a — 46* *57 a e ,R R oq a p wa- Z *.6 122* wR * 117 a a 106* 101 24. w;e_ 0 33 1 47* *58 Q 0 61 x 7 a R 121 * *118 s 105+ *107 g 29 aQ 34 46 * 59 el �sPREP *8 a 120* . 119 p 104+ * '03 122. 35 Op 45 • o a.1 Block 129 ' mrw - - - * g Stp N.,MRnag—nt g .ago 3 21 '\e 1.22 ha. 36 4 •13„ 10 71 12 13 14 15 16 17 16 1�9 • A 20 ` 37 38 39 40 41 1' a 81ock 133 _. - 0:3m Ra&®rva •127 Proposed Lots for Single Detached Dwellings •1 Parkland Block •1 Stormwater Management Block •Proposed secondary access to east to connect to EAGLES' LANDING_ ESTATES LTD. fitureRight-of Way. TOWNSHIP OF ORO - MEDONTE CONSULTING GROUP LTD. PLANNERS & ENGINEERS Page 56 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Required Planning Applications *Zoning By-law Amendment: Rezone lands to Residential One Exception (R1*XXX) and Open Space (OS) to permit the proposed single detached dwellings with site-specific development standards, as well as a stormwater management block and open space (parkland) block. *Draft Plan of Subdivision: To facilitate the development Of 127 lots for single detached dwellings, a parkland block, and a stormwater management block. JONES GONSULTING GROUP LTD. PLANNERS & ENGINEERS Page 57 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Provincial Policy Statement & A Place to Grow: Growth Plan •The subject lands are located within the settlement boundary of Provincial Policy Horseshoe and are currently designated for residential Statement,2020 development. The proposed development will utilize municipal Uuder the Flan"gAd water services and communal sanitary sewer services efficiently and effectively(APTG S.2.2.1.2). •The proposed development will add an additional 12'7 single detached dwelling units to the housing supply in the Township providing for intensification on the property over what the PF current zoning permits at an approximate density, thereby utilizing the lands more efficiently and effectively(PPS S.1.4.1) •The lands will efficiently utilize municipal water services and communal sanitary sewer services (APTG S.3.2.6.2) A Place to Grow ­h Pi, W Ih _, Qom rl sesnaz �, 1^I• •The Environmental Impact Study prepared for the submission - concludes no negative impacts to identified natural heritage features as a result of the proposed development, provided development occurs as shown on the Draft Plan and the — recommended mitigation measures are implemented (APTG S.4.2.2) (PPS 2.1). /��/o JONES ��, CONSULTING GROUP LTD. PLANNERS & ENGINEERS Page 58 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... County of Simcoe Official Plan Designation: Settlement Hillsdale SUg SICOUNTY OF MCOETs For the Greater Goad'"M0000* SCHEDULE 5.1 t To the County of Simcoe Official Plan LAND USE DESIGNATIONS � . • o�A.Pm. Horses al ley ®Ne�M .•.a re„re RAe;�ePree R `�'A- .re Ed g y /��/o JONES /���, CONSULTING GROUP LTD. /I;' PLANNERS & ENGINEERS 6 Page 59 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Existing Official Plan Designation Designation: Horseshoe Valley — Low Density Residential ee E lion 1 •3• • J 0 Legend 'I f � Horseshoe Valley-Low Density Residenfial � Recreational 0 Horseshoe Valley-Medium Density Residential Oro Moraine Boundary Horseshoe Valley-Resort Facility "0 sw�crx4 wnn° Horseshoe Valley Village Office Consolidation FeDmary 2019 •Permitted uses in the Horseshoe Valley — Low Density Residential designation include single detached dwellings, home occupations, bed and breakfast establishments, private recreational uses such as golf courses, and accessory uses. •Density of residential development shall generally not exceed 7.0 units per gross hectare. Alp�� JONESROUP LTD. •The proposed development of 127 single detached dwelling units will have PLECONSULTING 6 E"6I"E TD. a proposed density of 7 units per gross hectare. Page 60 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Township of Oro-Medonte Zoning By-law Zone: Agricultural/Rural (A/RU) (H) 32 ,Ar Rr� 140 M OS Rr*233Rr*2 22*2342256 r* . r Rr*r 93 Subject , � E I SEE BY- LA1N I I �1 2020-(�88 I I I /p// ONE , PLANNERS & ENGINEERS CONSULTING GROUP LTD. i"� 8 // Page 61 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Proposed Zoning By-law Amendment R 3( Ir Rl X . 'OS Y 4 6S* �- xx R� Lands Subject to Zoning Sy-Law Amendment Lands to be Zoned Residential One-Exception(R1-XXX) Lands to be Zoned Open Space(OS) JO N E S CONSULTING GROUP LTD. PLANNERS & ENGINEERS 9 Page 62 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Proposed Zoning By-law Amendment Application Residential One Exception (Ri-XXX) Section 4.1,Table B,and Section 7.0:Residential One Exception (Ri"XXX)Zone Development I Required Proposed Variation Standard Notwilhstanding Sectior 5 9.1 of Zoning Ry-law 97-05,urendr ed porches R1 XX and balconies may encroach into the exterior side yard a distance of no more than 15 metres om lands zoned R1`XXX_ Building setback measurements:For the purposes of this By-law,building _ setbacks shall be measured from the property line pdor to the dedication of - •OS ° 0.3 metre reserves,where required_ Minimum Lot 0.2 0.09 hectares(900 1,100 square metres 3 x Area Hectares s uam metres) decrease Minimum Lot 30 m 20 in 10 m decrease F mole e - Minimum 7.5 inTo dwelling 4.5 in m decrease '•OS Required To garage 6.0 m (dwelling) Fmnt 1.5mdecease 1_ Rl X Yard are e Minimum 4.5 m To dwelling 3.0 in1.5 m decrease Required (dwelling) Exterior Side Yards' Minimum 2.5 m 1.2 in 1.3 in decrease n„ Required Lands Subject to Zoning By-Law Amendment Interior Side Yard Lands to be Zoned Residential One-Exception(R1-XXX) Maximum None 50% NIA Building Lands to be Toned Open Space(OS) Coves e JO N E S CONSULTING GROUP LTD. PLANNERS & ENGINEERS 10 Page 63 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Proposed Zoning By-law Amendment Application r • Open Space (OS) R - X R, XX- • Permit Parkland • Permit Stormwaterx Management x E� Lands Subject to Zoning By-Law Amendment Lands lobe Zoned Residential One-Exception(Rt-XXX) Lands to be Zoned Open Space(OS) JO N E S CONSULTING GROUP LTD. AiI PLANNERS & ENGINEERS 11 Page 64 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Servicing and Stormwater Management Water Supply • Serviced via the Horseshoe Highlands Drinking Water System • Proposed connection at Line 3N and Horseshoe Ridge Way • Distribution system will be designed in accordance with Township Engineering Standards Sanitary Servicing • Internal collection system designed in accordance with Township Engineering Standards • Proposed internal sewage lift station(PS) complete with on-site emergency backup generator •The PS will convey effluent via forcemain to the proposed Wastewater Treatment Plant in Eagles Rest Development Storm Water Management • Internal collection system designed in accordance with Township Engineering Standards • Proposed wet pond located south of the proposed parkland •Wet pond is a multi-forebay design and has been preliminarily designed to Township and Ministry of the Environment standards •The pond wet cell will be left unlined to facilitate groundwater recharge and infiltration,with the forebays being lined to provide enhanced quality control. /��%JONES ��, GONSULTING GROUP LTD. PLANNERS & ENGINEERS 12 Page 65 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Technical Work Submitted to Township Reports/Studies • Planning Justification Report • Functional Servicing Report (Incl. Stormwater Management Report) • Hydrogeological Assessment • Geotechnical Investigation • Stage 1-2 Archaeological Assessment • Environmental Impact Study • Arborist Report &Tree Inventory and Preservation Plan • Traffic Impact Study /��%JONES ��, CONSULTING GROUP LTD. PLANNERS & ENGINEERS 13 Page 66 of 387 5.b) 5.45 p.m. Notice of Receipt of Complete Applications; Notice of Par... Conclusion • The proposed Zoning By-law Amendment and Plan of Subdivision will allow for the redevelopment and intensification of a site that is within the settlement boundary of Horseshoe, and the proposed density is appropriate for the location of the lands. • The proposed applications are in conformity with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe applicable policies, as well as are consistent with the Provincial Policy Statement applicable policies. • The introduction of 127 single detached lots will be compatible with the surrounding area. The development will utilize the existing and proposed infrastructure in the area efficiently and effectively and will contribute to the Township of Oro-Medonte intensification projections in becoming a complete community. • Applications conform to the applicable policies of the County of Simcoe Official Plan and the Township Official Plan and will implement the intent of the Zoning By-law, as amended. /��%JONES ��, CONSULTING GROUP LTD. PLANNERS & ENGINEERS 14 Page 67 of 387 6.a) 6.00 p.m. DS2022-095, Danielle Waters, Planner re: Minor Variance A... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-095 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # July 7, 2022 Minor Variance Application 2022-A-30 Roll #: The Timbersmith Log R.M.S. File #: 4346-040-001-21410 Construction Ltd. D13 2245 Horseshoe Valley Road West Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-095 be received and adopted. 2. That Minor Variance Application 2022-A-30 by The Timbersmith Log Construction Ltd. specifically to permit an accessory building with a reduced front yard setback and reduced setback from a railway on lands municipally known as 2245 Horseshoe Valley Road West, be deferred, to allow the applicant time to discuss the proposed railway setback with Canadian Pacific Railway and Transport Canada. 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 8.5 hectares (21.0 acres) and is currently used as a commercial lot, as shown on Schedules 1 and 2. The property currently supports several commercial structures. The applicant is proposing to legalize an existing accessory structure and is seeking relief to the following sections of Zoning By-law 97- 95: Table B3 — Standards for Industrial Zones, front yard setback Required. Proposed: 11 .0 metres (36.0 feet) 10.0 metres (32.8 feet) Development Services July 7, 2022 Report No. DS2022-095 Page 1 of 10 Page 68 of 387 6.a) 6.00 p.m. DS2022-095, Danielle Waters, Planner re: Minor Variance A... Section 5.33 — Sight Lines on a Corner Lot or on a Lot Abutting a Railway Required: Proposed: If the lot abuts a railway crossing at grade, the sight line is a line joining a 11.0 metres (36.0 feet) point on the lot line abutting the railway right-of-way to a point on the lot line abutting a public street, with each point being 30 metres (98.4 feet) from the hypothetical point of intersection of the lot line abutting the railway right-of-way and the lot line abutting the public street. The applicant's site plan and elevation drawing are included as Schedule 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 is applicable to this application. This application represents promoting diversification of the economic base and employment opportunities through goods and services, that is consistent with the PPS with respect to Rural Areas. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a commercial/industrial development/use on the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is relevant to this application. Though this property is adjacent to a Provincially Significant Wetland (Copeland-Craig hurst-Guthrie Complex), the structure subject to this application is located more than 120 metres from this feature, and therefore, in Planning Staff's opinion, an environmental impact study is not required. 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 economic development lot. Development Services July 7, 2022 Report No. DS2022-095 Page 2 of 10 Page 69 of 387 6.a) 6.00 p.m. DS2022-095, Danielle Waters, Planner re: Minor Variance A... Planning Staff is of the opinion that this application is conforms with the policies of the Growth Plan, 2020. County Official Plan The property is designated Greenlands and Rural in the County of Simcoe's Official Plan. The proposed structure is within the Rural designation. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long- term diversity and viability of rural economic activities" (County of Simcoe, 2016). Section 3.7.5 permits rural industrial and commercial uses within the Rural designation that may not fit within a settlement area. The structure subject to this application is on an existing industrial lot and is continuing the use of the commercial/industrial lot. In Planning Staff's opinion, the application conforms to the County's Official Plan as the construction of a detached accessory building is permitted on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy 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 Oro Moraine Core/Corridor Area in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Oro Moraine Core/Corridor Area designation are single detached dwellings and accessory uses on existing lots. Within Schedule B of the Township's Official Plan no Significant Woodlands, Provincially Significant Wetlands (PSW) or ANSI has been identified on the property. A PSW is identified on the north side of Horseshoe Valley road, however, the structure that is the subject of this minor variance application is located farther than the required 120 metres. Though commercial/industrial uses are not explicitly identified as a permitted use, the economic development use of the property has been in existence since the Township's Zoning By-law 97-95 came into effect. Planning Staff are of the opinion that the legalization of the existing structure will not change the existing non- conforming use of the property. Development Services July 7, 2022 Report No. DS2022-095 Page 3 of 10 Page 70 of 387 6.a) 6.00 p.m. DS2022-095, Danielle Waters, Planner re: Minor Variance A... Therefore, based on the above, the requested variances are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Economic Development (ED) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. Commercial structures are permitted uses within this zone. The primary purpose of the front yard setback is to ensure there is spatial separation between a structure and the road. Additionally, this allows for space for parking, septic etc. Planning Staff are of the opinion that the front yard setback meets the general intent and purpose of the Zoning By-law. The structure is an entryway structure that all vehicles pass under as they enter the property. The structure is used as a sign to advertise what is being sold on the property. The applicant has received a minor variance for the front yard setback from the County of Simcoe as well. The purpose of Section 5.33, is to ensure there are adequate site lines between the trains on the railway and vehicles on the road as this property is at an intersection where the train crosses the road. Comments have been received by CP Rail advising that the development should follow the Railway Association of Canada 2013 Proximity Guidelines and Transport Canada railway crossing sightline requirements. However, CP Rail does not identify the setbacks required by the 2013 Guidelines or by Transport Canada. Planning Staff have requested additional information from CP to pass on to the applicant however additional correspondence has not been received at the time of writing this report. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are not yet considered to meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Staff has identified that the existing structure is visible from the road and will not affect the use of the property. Comments have been received from Canadian Pacific Railway (CP), however, additional information is required from this agency to determine the site lines required by CP as well as Transport Canada. Planning Staff do not have access to the required data to determine the site lines required for this specific stretch of rail line. Based on the above, Planning Staff are not yet satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance cannot yet be determined to be minor Development Services July 7, 2022 Report No. DS2022-095 Page 4 of 10 Page 71 of 387 6.a) 6.00 p.m. DS2022-095, Danielle Waters, Planner re: Minor Variance A... as additional information is required from CP and Transport Canada to ensure all applicable law is met. 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 Department — Owner/applicant to be aware that a professional engineer is required for the design of any timber frame structure • CP Proximity Ontario — o CP is not in favour of residential uses that are not compatible with rail operations. Notwithstanding that stated above, any development should still meet certain recommendations based upon site specific conditions and intended use. CP continues to recommend that all proposed developments follow the 2013 Proximity Guidelines (Prepared for The Federation of Canadian Municipalities and The Railway Association of Development Services July 7, 2022 Report No. DS2022-095 Page 5 of 10 Page 72 of 387 6.a) 6.00 p.m. DS2022-095, Danielle Waters, Planner re: Minor Variance A... Canada). It is incumbent upon the developer to incorporate these safety measures to a degree that satisfies the requirements of the relevant agencies issuing building and development permits. The 2013 Proximity Guidelines can be found here: http-//www.proximityissues.ca/. o CP Also recommends that Transport Canada regulations be followed with regard to railway crossing sightlines, including all required setbacks. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Site Plan Schedule 4: Applicants Elevations Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-30 be deferred, to allow the applicant time to discuss the structure with CP Railway and Transport Canada. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services June 30, 2022 Andria Leigh, Deputy CAO/Director, Development Services June 30, 2022 Development Services July 7, 2022 Report No. DS2022-095 Page 6 of 10 Page 73 of 387 6.a) 6.00 p.m. DS2022-095, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map �VxseyRd. -Mooiistonc-R Horseshoe Valley Rd.A" OIrfBnieRd. 2298 Horseshoe Valley Rd.W. 2245 2 2 � In 0 0 0 0 N Z 3276 Location � ® Subject Lands T,owRnsitt'- )f _` Proud Heritage,Exciting Future r 0 loom File Number:2022-A-30 rU 1 Development Services July 7, 2022 Report No. DS2022-095 Page 7 of 10 Page 74 of 387 6.a) 6.00 p.m. DS2022-095, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo —VaseyRd.— -Moons�rvl _ Horseshce•Valley-Rd� aia.narr;eRd-� 2298 oa —Ridge�R Horseshoe Valley Rd,W 22r' f III 2245 `d I' II. 1V At l 't I I 1 �" lt.?r •-327fi r 41 t Aerial Photo Township a-f�E,���{lIG[C/ Subject Lands Proud Heritage,Exciting Future 0 100 rn File Number.2022-A-30 � I j j I Development Services July 7, 2022 Report No. DS2022-095 Page 8 of 10 Page 75 of 387 6.a) 6.00 p.m. DS2022-095, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants Site Plan offlefim OM WIT.ODOM 4Af RONC� 'f�S�Gf e� ers l ,ti �6t r VM r1 � O 25 �' { P� � n "0 .. ... ............ Ii' / AN 5. '64-0056 (f ) Q 2 LOT 40, CONCESSION 7 � 6 l GROtFNU WATER—NOTEf�j IWS R1M.C!afWYEY NW f]If[RAM 5 AS � ``Ply �s 1S ]f Ak7N 1F$P$yq�ry Df ItE PRaPgSFg � �k��s�I'��SZ 1Kullc um SU7tF,10E oeNro.�ct mx�.Y,� i iTaLTil$df 11[p10NO Mil[R TIC[{8 Ti7 1E n[S4A•k[D BW a7E Tlps WY 9Er1ME VQ.IlS11LI1S4 T7 751E SURfM,E GAMMk� � � � /� M'E VE µ MTFq C0 ffp0 4!4E nIn'.yVCrAwR %L FgRGCi5 ,MI— STC..B iN(w1 ME E1LI5tC0 iNtrS• {RIBgCoM>;i.Ct T'A CfD1EGY11Gai 1lp�q. Applicant's Site Plan` Tounzsh�pl?j Proud Heritajy,F.xcrtirkq Faure File Number:2022-A30 Development Services July 7, 2022 Report No. DS2022-095 Page 9 of 10 Page 76 of 387 6.a) 6.00 p.m. DS2022-095, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicants Elevation ri i i11 t t p f' Applicant's Elevation Drawings aj Proud Heritajy,F.xcrtin,Q Faure File Number:2022-A30 Development Services July 7, 2022 Report No. DS2022-095 Page 10 of 10 Page 77 of 387 Minor Variance Application 2022-A-30 (The Timbersmith Log) v Location: 2245 Horseshoe Valley Road West f+ ;N o I cn Zoning: Economic Development & r o Environmental Protection '; ` co Official Plan: Oro Moraine Core/Corridor s v Current Use: CommercialCj °` 00 0 00 �. Pr—d Heritage,Exciting Fufurr O M. 0) n CD D Minor Variance Application 2022-A-30 (The Timbersmith Log) v Purpose: The applicant is proposing to construct a detached accessory o building. The applicant is seeking relief to the following section of Zoning By-law 3 97-95, as amended: o N Table B3—Standards for Industrial Zones, front yard setback o N Required: Proposed: o 11.0 metres (36.0 feet) 10.0 metres (32.8 feet) can 0 Section 5.33—Sight Lines on a Corner Lot or on a Lot Abutting a Railway =3 m' Required: Proposed: m If the lot abuts a railway crossing at grade, the sight line is a line joining a 11.0 metres (36.0 feet) v point on the lot line abutting the railway m right-of-way to a point on the lot line abutting a public street, with each point being 30 metres(98.4 feet)from the =3 m m hypothetical point of intersection of the lot � line abutting the railway right-of-way and CD o the lot line abutting the public street. CJ 00 / Th—hip of v O Pra d Hrriingr,E-iiing Ferliirr —% W M. W n CD D Minor Variance Application 2022-A-30 (The Timbersmith Log) v Aerial Photo: o 3 o CD N O f N N O O C31 0 f � f ) CD w CD E � v =3 (D CD CO O O { s W CO V1Y/G'es��E%CG(/1GGr/ J =. Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2022-A-30 (The Timbersmith Log) v Applicant's Site Plan: YSR 91 MCIRES 3g'fuopro utta m P1n fifth t(cp a p0 a - - - CD N- N o �a O 01 Ift i% C. ART 2,' 5IR-131Q� (p CD v ,_� _ N w00 4 O Pr—d Heritage,Exciting Fufurr M. w n CD D Minor Variance Application 2022-A-30 (The Timbersmith Log) v Applicant's Drawings: o + N J o O O a � 1 { (D v CD C-- to F � I � CD 00 O (D W { v O Praiir(Hrri�nRr,Ezrifing Ferliirr � n CD D Minor Variance Application 2022-A-30 (The Timbersmith Log) v 0 or O 0 CD O N N O - (31 x _ 0 ((DD East on Horseshoe West on Horseshoe CD 0 W 0 CO 00 =. Pr—d Heritage,Exciting Fufurr O M. 0) n CD D Minor Variance Application 2022-A-30 (The Timbersmith Log) v 0 O CD O O CD 'r v CD Cn f .. CO Notice sign posted 0 CO �� = C . v 0 Pr—d Heritage,Exciting Fufurr —% W M. w 0 CD D Minor Variance Application 2022-A-30 (The Timbersmith Log) v O 3 o N O N N O O (31 0 (D (D (D Existing building for Existing structures o varianceCj 00 �. o Pr—d Heritage,Exciting Fufurr M. 0) n CD D Minor Variance Application 2022-A-30 (The Timbersmith Log) v Recommendation: Defer 0 It is recommended: 3 0 1. That Report No. DS2022-095 be received and adopted. N 0 N 2. That Minor Variance Application 2022-A-30 by The Timbersmith Log Construction Ltd. specifically to permit an accessory building with a reduced front yard setback and reduced setback from a railway on lands municipally known as 2245 Horseshoe Valley Road West, be deferred, to allow the applicant time to discuss the proposed railway setback with Canadian 0 v Pacific Railway and Transport Canada. 2. T_ m 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. v m v v =3 m CD 00 rn CD o CD / Tomnshipof � v O Pra d HrHli gr,Ez iimg Ferliirr _% W M. W n CD D 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-098 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # July 7, 2022 Minor Variance Application 2022-A-39 Roll #: Sharon & Roy Watson R.M.S. File #: 4346-010-009-02100 160 Line 7 South D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-098 be received and adopted. 2. That Minor Variance Application 2022-A-39 by Sharon & Roy Watson specifically for permission to build a detached accessory building in the Agricultural/Rural Exception 32 (A/RU*32) Zone with an increased height of 6.0 metres (19.7 feet) on lands municipally known as 160 Line 7 South, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-098. 3. The conditions are as follows: a) That notwithstanding Section 7.32 and Section 5.1 .4, 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 applicants maintain and preserve the existing vegetative buffer along the interior side and rear lot lines, or replaces with a similar vegetative buffer if destroyed; and, e) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services July 7, 2022 Report No. DS2022-098 Page 1 of 15 Page 87 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... Background: The subject property has a lot area of 1.2 hectares (3.0 acres) and contains a 127.9 square metres (1,377.0 square feet) single detached dwelling, according to MPAC records, and two sheds that will be removed according to the owner. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build a detached accessory building (garage). The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 7.32 Required: Proposed: The development of new buildings or the Proposing the construction of a 99.8 construction of additions to buildings that square metres (1 ,074.3 square feet) existed on the effective date of this By-law detached accessory building (garage). are not permitted on those lands denoted by the symbol *32. Section 5.1.4 — Maximum Height Required. Proposed: 4.5 metres 14.7 feet T6.0 metres 19.7 feet The applicants' site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas is applicable to this application. The proposed development is consistent with the PPS with respect to Rural Areas as the detached accessory building is accessory to the existing single detached dwelling, which represents limited residential development allowed for by the policies. 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 detached accessory building is consistent with the Rural Areas policies in the Growth Plan as it will be located on an established rural residential lot. Development Services July 7, 2022 Report No. DS2022-098 Page 2 of 15 Page 88 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory building is not anticipated to have any adverse impacts on any key natural heritage features. County Official Plan The property is designated `Rural' in Simcoe County's Official Plan, as illustrated on Schedule 5 to this report. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the proposed detached accessory building is accessory to the permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated `Oro Centre — Office/Industrial' within the Oro-Centre Secondary Plan Area in the Township's Official Plan, see Schedule 6 to this report. The intent of this Secondary Plan is to establish a substantial inventory of land that can be used for a wide variety of office and industrial land uses that will generate employment opportunities within the Township. Permitted uses in the `Oro Centre — Office/Industrial' designation include: • manufacturing, assembly, processing and fabrication uses; Development Services July 7, 2022 Report No. DS2022-098 Page 3 of 15 Page 89 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... • warehousing uses; • research establishments; • business offices; • institutional uses such as places of worship; and, • outdoor storage uses. The existing single detached dwelling was built in 1968, prior to the Secondary Plan being adopted by Council on December 18, 2002 and approved by the County of Simcoe on December 9, 2003. In accordance with Section C17.7.2 — Existing Land Uses, "Existing land uses throughout Oro Centre are expected to continue to exist in the short to mid-term, and in some cases, in the long-term. Therefore, uses that existed prior to the approval of this Plan, and which do not conform with the land use policies of this Secondary Plan, shall be deemed to be legal non-conforming uses" (page 192). Section C17.7.2 (b) states that "minor extensions or expansions of such uses shall be permitted without Amendment to this Plan, provided that the intent of this Plan is not compromised and the tests prescribed below are met." The following comments below address the general criteria for expansions outlined in Section C17.7.2 (b): i. the desire for communal water and sewage treatment facilities is not compromised or precluded in the long-term by the expansion or change,- Conforms- The existing dwelling is serviced by private individual on-site services (well and septic system). No changes are anticipated as part of the proposed development as the garage will not be connected to the dwelling's existing on-site services. ii. the road pattern envisioned by this Plan is not compromised or precluded in the long-term by the expansion or change,- Conforms- There are no proposed changes to the existing driveway entrance or to the traffic volume generated by the existing residential use. iii. the expansion or change improves an existing and identified problem. • Conforms: The proposed detached accessory building is accessory to the existing residential use and it is not anticipated to cause a detriment to the surrounding land uses. iv. that the proposed expansion or enlargement of the existing use shall not unduly aggravate the situation created by the existence of the use, especially in regard to the requirements of the zoning by-law; • Conforms: The proposed accessory building will not aggravate the existing residential use, rather it is a complementary extension to the existing residential use. V. that the characteristics of the existing use and the extension or enlargement shall be examined with regard to noise, vibration, fumes, smoke, dust, odour, lighting, parking and traffic generation,- Conforms- There will be no noise, vibration, fumes, smoke, dust, odour, lighting, parking or additional traffic generated by the proposed residential detached accessory building. vi. that the neighbouring uses will be protected where necessary by the provisions for landscaping, buffering or screening, devices and measures to reduce Development Services July 7, 2022 Report No. DS2022-098 Page 4 of 15 Page 90 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... nuisances and, where necessary, by regulations for alleviating adverse effects caused by outside storage, lighting or advertising signs,- Conforms- The applicants are not proposing any outdoor storage, lighting or advertising signs. Planning Staff have recommended as a condition of the Minor Variance that the applicants maintain and preserve the existing vegetative buffer along the interior side and rear lot lines, or replaced with a similar vegetative buffer if destroyed. vii. provisions and regulations that may be applied to the proposed extension or enlargement are extended, where feasible, to the existing use in order to improve its compatibility with the surrounding area, and, • Conforms: The existing use is compatible with the surrounding land uses; therefore, the proposed accessory building, which is accessory to the existing residential use, is not anticipated to have an adverse impact on the neighbouring properties. Furthermore, the property is heavily treed which will help screen the building from view. viii. that in all cases where an existing use seriously affects the amenity of the surrounding area, consideration shall be given to the possibility of ameliorating such conditions, as a condition of approving an application for extension or enlargement of the existing use, especially where public health and welfare are directly affected" (pages 192-193). • Conforms: The residential use does not have any adverse impacts on the surrounding land uses. Planning Staff also notes that the subject lands: • Contain a well-maintained residential use that is likely to remain for the foreseeable future; • Are located at the southern-most end of the Secondary Plan area; and • Are largely separated from the balance of the Secondary Plan area by existing development (Township Administration Centre). The above-noted circumstances make the subject lands of relatively minor significance to the overall development of the Secondary Plan. While the approval of the proposed accessory building may contribute to the permanence of the existing residential use of the lands, this is not anticipate to have a material impact on the fulfillment of the Secondary Plan. Planning Staff is satisfied that the proposed accessory building, which is accessory to the existing non-conforming dwelling, satisfies the criteria listed above and conforms 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 Exception 32 (A/RU*32) in the Township's Zoning By-law 97-95, see Schedule 7 to this report. Exception 32 states: "Notwithstanding any other provision in this By-law, the development of new buildings or the construction of additions to buildings that existed on the effective date of this By-law are not permitted on those lands denoted by the symbol *32 on the schedules to this By-law" (p.'7-12'). Development Services July 7, 2022 Report No. DS2022-098 Page 5 of 15 Page 91 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... The applicants have requested relief from the Zoning By-law to permit the construction of a one storey detached accessory building (garage) in the Exception 32 Zone with an increased maximum height to fit their recreational vehicle. The single detached dwelling was built in 1968, prior to the enactment of the original Zoning By-law 97-95 which included Exception 32; therefore, the dwelling is considered to be legal non-conforming and the applicants are proposing to build an accessory building which is accessory to the existing residential use. 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 rural character of the area. The applicants are proposing to build a one storey detached accessory building behind the dwelling and have requested an increase in height from 4.5 metres (14.8 feet) to 6.0 metres (19.7 feet). The height of a detached accessory building is measured from average grade to mid-roof. The building complies with the maximum lot coverage for all detached accessory buildings of 5% and complies with the maximum floor area of 100.0 square metres (1 ,076.4 square feet) in the Agricultural/Rural (A/RU) zone. The proposed detached accessory building would have a floor area of 99.8 square metres (1 ,074.3 square feet), which is smaller than the existing single detached dwelling which has a gross floor area of 127.9 square metres (1 ,377.0 square feet) according to MPAC records. In Planning Staff's opinion, the proposed location of the accessory building behind the dwelling, combined with the accessory building's smaller size and the proposed use of the building for storage, will help ensure that the accessory building will remain secondary and subordinate to the primary residential use. The intent of the Exception 32 Zone is to prevent new development that would interfere with the implementation of the Secondary Plan. For the reasons discussed earlier in this report, the development of the proposed accessory building is not anticipated negatively affect the Secondary Plan in any material way. Based on the above, Planning Staff is satisfied that the proposed detached accessory building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the rural area. Upon site visit, Planning Staff noted that the proposed detached accessory building will be located to behind the existing dwelling, approximately 34.0 metres (111 .5 feet) from the front lot line, in an area that is mostly cleared as only one tree will have to be removed to accommodate the detached accessory building. In Planning Staff's opinion, the proposed garage will have a minimal impact on the surrounding neighbours due to its proposed location and the vegetation along the interior side and rear lot lines; therefore, Planning Staff believe that it is appropriate within this context. A similar structure may not be supportable on every property within this neighbourhood depending on size, location and screening from view. Planning Staff recommended that as a condition of Development Services July 7, 2022 Report No. DS2022-098 Page 6 of 15 Page 92 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... the minor variance the applicants maintain and preserve the existing vegetative buffer along the interior side and rear lot lines, or replace with a similar vegetative buffer if destroyed during construction to ensure that the building remains screened from view from the neighbouring properties. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed detached accessory building is secondary and subordinate to the primary residential use on the lot and it is not anticipated to have any adverse impacts on the neighbouring properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • 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 July 7, 2022 Report No. DS2022-098 Page 7 of 15 Page 93 of 387 6.b) 6.10 p.m. DS2022-098, 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. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Schedule 5: County of Simcoe Official Plan — Land Use Schedule 6: Township Official Plan — Oro Centre Secondary Plan Land Use Schedule 7: Existing Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-39 be approved, specifically to permit construction of a detached accessory building in the Agricultural/Rural Exception 32 Zone with an increased height of 6.0 metres (19.7 feet) on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services June 29, 2022 Andria Leigh, Deputy CAO/Director Development Services June 30, 2022 Development Services July 7, 2022 Report No. DS2022-098 Page 8 of 15 Page 94 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... Schedule 1: Location Map 11 ❑t tt 3fi17 W73 23 gF. 3123 $ 19 f q 29D7 gip' '�a� 2921 17 97 11D 148 eD cri C J 242 218 241 291 - 2M, �F. 34G 449 Location Subject Lands al f} P—d Herifq �Li—Wug 1'uf— '1 Q 1a0m File Number:2922-A-39 Development Services July 7, 2022 Report No. DS2022-098 Page 9 of 15 Page 95 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... Schedule 2: Aerial Photo I 4 1 a 1 c ` 49 14 � Aerial Photo Subject Lands � r, F+ P,—d Heriisayr;E-bing d rafeere• �.f D 100 M File r4umb�:.MZZ-A-39 tv Development Services July 7, 2022 Report No. DS2022-098 Page 10 of 15 Page 96 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Applicant's Site Plan 74 r.-ate; ER.r O .,sstE 9■►�a..E 'S+wadrr �r. .+�� I I .tl.y I—►►JE 7 Scu-nw, djto- rnelooasrc �P"S'6#c R•w-wwMV) 4� Applicant's Site Plan { �?'1eoas7ripoj �Y�Y�rtJf'��lrJ�lt(� 1'raro7 Ifrriir,n•,li.rr-i7du,1rriurr File Numbers 2022-A-39 Development Services July 7, 2022 Report No. DS2022-098 Page 11 of 15 Page 97 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Elevation Drawings t Ir ROPOSE H �!]ul l��l+�}� for )1e0 kf or 7 SP�..r H. ORO Y!°3EtiZi.vrG �"'AOCE APA ".ZO��- 1- 39 r RdNI` rF CEA=Y� - V �w "GAT") �.014 min4r 4 f le PEAR View C�s�s,7 (lfoY 10 SC�✓rt' Se s o-1ou Ck.n S[4� M Applicant's Elevation Drawings 0'Orl Touwhp f^` T^rrnrrf Nrri7r r,fiKeirit pir7err File Numbers 2022-A-39 Development Services July 7, 2022 Report No. DS2022-098 Page 12 of 15 Page 98 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... Schedule 5: County of Simcoe Official Plan — Land Use JM*,1.... Rd.nstone Rd, sehce Halley-Rd� ald.R_ieRA� r J �Rid9e�ftead Highway 17 S. Highway 11 N. ti m c J' County of Simcoe — Land Use a Subject Lands VN Under Appeal Greenlanda Agricultural _Rural T, ht. a Proud Heritage,Exciting Future 0 400 m File Number:2022-A-39 Development Services July 7, 2022 Report No. DS2022-098 Page 13 of 15 Page 99 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re:... Schedule 6: Township Official Plan — Oro Centre Secondary Plan Land Use --,d.- -Moonstone Rd Horselh--Valle,-Rd.—� ald.earrjeRtl� �R�aee�rsaaa .. Id C J 11 Vl ar, J I I Township Official Plan - Oro Centre Secondary Plan Land Use CA Subject Lands N QPlan Boundary - Environmental Protection Agricultural _Commercial Totunship a l�Oro Centre-Limited Service Industrial 0 Oro Centre-Officellndustrial Proud Heritage,Exciting Future Highway 11 Special Policy Area -Oro Centre-Commercial J 0 400 M File Number:2022-A-39 41 I j t Development Services July 7, 2022 Report No. DS2022-098 Page 14 of 15 Page 100 of 387 6.b) 6.10 p.m. DS2022-098, Catherine McCarroll, Intermediate Planner re'... Schedule 7: Existing Zoning —YaseyRd.— -Moonsrone RRA ED-234 / A/RU Ror.eance•vaney-Rd A/RU I-ED. F.U.2 Old.e_ie Rd� Z 77 —RidgerR°a J ED A/RU*32 _ --- --- A/RU*13 RUR2 GC A/RU*32 EP �11 n .+ M M GC u LAI RU*32 A/RU*32 GC*32 A/RU '� GC*32*i61(H) A/RU*246 ¢ EP K U t7 „EP A/RU*32 or a r, a w A/RU-32 AJRU*32 E AJRU-305 0] M G7 C J A/RU*32 A/RU � A/RU-306 A/RU Existing Zoning Tolunship of Subject Lands 0 RUR2(Rural Rcsidentlai Two) EP(Environmental Protedlon) Proud Heritage,Exciting Future EO(Emnamu nevolppmentD I(Institutional) � GC(General Commerdaq .` f 0 300 fTl A)RU(Agrlr,Au l/Rural) ' I I File Number.2022-A-39 Development Services July 7, 2022 Report No. DS2022-098 Page 15 of 15 Page 101 of 387 Minor Variance Application 2022-A-39 (Watson) Cr Location: 160 Line 7 South - ,,v o r Zoning: Agricultural/Rural o Exception 32 (A/RU*32) o N N O Official Plan: Oro Centre — 90 Office/Industrial v CD Current Use: Residential CD C I n CD 0 m � o N 3 Q CD Cj Q ('�Toumship of 11) Praiir(HrrinRr,Ezrifing Ferliirr CD CD Minor Variance Application 2022-A-39 (Watson) Purpose: The applicants are proposing to build a detached accessory building o (garage). The applicants are seeking relief to the following sections of Zoning P By-law 97-95, as amended: o N Section 7.32 0 N N Required: Proposed: o The development of new buildings or the Proposing the construction of a 99.8 00 construction of additions to buildings that square metres (1,074.3 square feet) n existed on the effective date of this By-law detached accessory building (garage). are not permitted on those lands denoted m by the symbol *32. m n Section 5.1.4— Maximum Height v Required: Proposed: ° 4.5 metres (14.7 feet) 6.0 metres (19.7 feet) o m w 3 o CD CO 00 Township of _, �^ Praiir(HrrinRr,Ezrifing Ferliirr CD CD Minor Variance Application 2022-A-39 (Watson) Aerial Photo: 1T i CD O m O O n v (D (D n a, w O_ v (D =3 O N (D 00 i�oG^c 22tPi 0 Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-39 (Watson) 9) Cr Applicant's Site Plan: 0 -P CD 0 0 CD =3 CD 9—S.- 0 0 Lf 7 S- CD C) % 3 00 P,—d HHMg,,Es W,%Ferhirr CD =3 =3 CD Minor Variance Application 2022-A-39 (Watson) Cr Applicant's Drawings: o PROPOeEO aniG iNG �e� Ib0 L.NE 7 Sa'+r H.ORR IrIC CP✓rE 3 VGRiPNeE FvP',7o]]�q-39 V! N F,EtJr T T o O 1 1 O O l J '-F S.Qt CD =• 1 (D i sa P n n v O � REna VvE� � sisev.Ew [sew..) CD CD 00 (�i�oG=c 22�Pi Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-39 (Watson) Township Official Plan — Oro - o Centre Secondary Plan Land Use: �p o - CD N O N N O v (D CID n Subject Lands Plan Boundary -Environmental Protection Agricultural -Commercial o -Oro Centre-Limited Service Industrial 0 Oro Centre-Officellndustrial N o Highway 11 Special Policy Area -Oro Centre-Cammercial 3 (D { s Q °�°0 Pr—d Heritage,Exciting Fu,urr CID Minor Variance Application 2022-A-39 (Watson) o 0 N A ' y lV m r-f Notice sign posted o CD T—hip °�° iY�G"c122tPi Pr—d Heril�gr,Ea W,,g Pufurz CD CD Minor Variance Application 2022-A-39 (Watson) v - Looking North along Line 7 Looking South along Line 7 CD South South �CD CD z _Q CO � ;� v Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-39 (Watson) ,V Lzi,rf � € a a Existing sheds to be removed Existing Single detached dwelling ET�CD CD o •. Tow�h;p of 00 4 lJ/ ` � I Pr—d Hn img,,E-iiinq Feehnr CD CD Minor Variance Application 2022-A-39 (Watson) P d< y i Cm n Location of the proposed garage CD CD 0 CD 00 (g; =� Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-39 (Watson) O 3 0 CD N O N N O O O = t n (D (D n n v O v Vegetation along the interior side CD lot line ,CD 00iY�G"c122tPi Arard Heritage,Exciting Fw— CD CD Minor Variance Application 2022-A-39 (Watson) Cr Recommendation: Approve 0 It is recommended: _P 3 1. That Report No. DS2022-098 be received and adopted. 0 07 2. That Minor Variance Application 2022-A-39 by Sharon&Roy Watson specifically for permission to build a detached accessory N 0 building in the Agricultural/Rural Exception 32(A/RU*32)Zone with an increased height of 6.0 metres(19.7 feet)on lands N municipally known as 160 Line 7 South,Township of Oro-Medonte, be approved subject to the conditions as outlined in Report N DS2022-098. 0 0 0 3. The conditions are as follows: v c) That notwithstanding Section 7.32 and Section 5.1.4,the proposed detached accessory building shall otherwise comply m with all other applicable provisions of the Zoning By-law; CD d) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as =3 set out on the application and sketches submitted and approved by the Committee; CD e) That the proposed detached accessory building shall not be used for human habitation,commercial purposes or for a home industry; 0 f) That the applicants maintain and preserve the existing vegetative buffer along the interior side and rear lot lines,or v replaces with a similar vegetative buffer if destroyed;and, p v g) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's cc decision becomes final and binding,as provided for within the Planning Act R.S.O. 1990,c.P. 13. CDr3 (D w 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's 3 o signature. (p CL /�]Toumship of ����� Prair(HnilnRr,Esrrlinq Ferhirr CD 0) CD CD 6.c) 6.20 p.m. DS2022-096, Danielle Waters, Planner re: Minor Variance A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-096 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # July 7, 2022 Minor Variance Application 2022-A-40 Roll #: Big Cedar (Oro) Residents R.M.S. File #: 4346-010-005-12100 Associations (John Hand) D13- 4044 Line 13 North 25 Tamarack Drive Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-096 be received and adopted. 2. That Minor Variance Application 2022-A-40 by Big Cedar (Oro) Residents Associations (John Hand), specifically to permit the replacement and enlargement of an attached garage having an area of 35.4 square metres (380.8 square feet) to an existing modular home that is located in the Environmental Protection Zone on the lands known as 25 Tamarack Drive, be approved subject to the conditions as outlined in Report DS2022-096. 3. The conditions are as follows: a) That notwithstanding Section 3.1 Table A5, Section 5.16.1 (c), Section 5.40, the proposed attached garage shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed attached garage 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 (NVCA) 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 applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services July 7, 2022 Report No. DS2022-096 Page 1 of 11 Page 114 of 387 6.c) 6.20 p.m. DS2022-096, Danielle Waters, Planner re: Minor Variance A... Background: Big Cedar Park is a residents-owned nonprofit corporation containing 230 mobile homes on 408.6 acres of land at Bass Lake Sideroad East and Line 12 North (refer to Schedules 1 and 2). The retirement community has existed for over 30 years. The roads within the Park are private and are not maintained by the Township. The applicant resides at 25 Tamarack Drive and has obtained permission from the Residents Association for the attached garage. The applicant has submitted a minor variance application for 25 Tamarack Drive to demolish and replace but slightly larger, an attached garage to the existing modular home. The applicant' site plan is attached as Schedule 3 to this report and their proposed elevation drawings are illustrated on Schedule 4. The 408.6 acre Big Cedar Park parcel is zoned Agricultural/Rural Exception 7 (A/RU*7) and Environmental Protection (EP) in the Township's Zoning By-law. However, the lands affecting 25 Tamarack Drive are entirely zoned Environmental Protection (EP)which does not permit residential uses on the lands. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 3.1 , Table A5 — Permitted Uses Environmental Protection EP Zone Permitted: Proposed. Only existing uses permitted. Addition, attached garage No buildings or structures, except those required for flood or erosion control. Section 5.16.1 c — Enlargement, Non-complying Structures Required. Proposed: Does not increase a situation of non-compliance. Increase size of structure in EP Zone. Section 5.18 - Non-conforming Uses Permitted. Proposed: Buildings or structures existing before November Replace and increase size of 5, 1997. attached garage 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 Development Services July 7, 2022 Report No. DS2022-096 Page 2 of 11 Page 115 of 387 6.c) 6.20 p.m. DS2022-096, Danielle Waters, Planner re: Minor Variance A... application. This application represents limited residential development that is consistent with the PPS with respect to Rural Areas. Section 2.1 Natural Heritage contains policies concerning the long-term prosperity and protection of natural heritage features. This Section states that development or site alteration shall not be permitted on or adjacent to natural heritage features unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. The subject lands (Big Cedar Estates) contain a Provincially Significant Wetland and a Provincially Significant Area of Natural and Scientific Interest (ANSI). However, the proposed development is separated from the key natural heritage features by multiple other modular homes as well as more than 120 metres in separation, with no foreseen impact on the features. The application was circulated to the NVCA. On this basis, Staff is of the opinion that the proposed development will not have any negative impacts on the adjacent key natural heritage features and that the application is consistent with the PPS. As of the preparation of this report, Development Services Staff has not received comments from the NVCA. Committee members should have regard to any NVCA comments that may be received. 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 development is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established residential area. According to Schedule B of the Township's Official Plan, portions of the Big Cedar lands contain a Provincially Significant Wetland and a Provincially Significant Area of Natural and Scientific Interest (ANSI). Section 4.2.4.1 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features states that new development or site alteration within 120 metres of a key natural heritage feature or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation to be prepared by a qualified professional. In Planning Staff's opinion, a natural heritage evaluation is not required as the proposed development is located farther than the required 120 metres from the natural heritage features. Based on the above, it is Planning Staff's opinion that the proposed minor variances conform to the Growth Plan as the proposed development is not anticipated to have an adverse impact on the nearby natural heritage features. Development Services July 7, 2022 Report No. DS2022-096 Page 3 of 11 Page 116 of 387 6.c) 6.20 p.m. DS2022-096, Danielle Waters, Planner re: Minor Variance A... County of Simcoe Official Plan The subject property is designated Rural, Agricultural and Greenlands in the County of Simcoe's Official Plan, yet the lands subject to this application (25 Tamarack Drive) are designated Rural which permit limited residential development. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the attached garage are additions to the existing residential use. Note: For applications to extend 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-confirming use does not have to meet the four tests for a minor variance. Township of Oro-Medonte Official Plan The subject lands are designated Oro Moraine Core/Corridor Area and Special Purpose Community Area in the Township's Official Plan. The proposed development at 25 Tamarack Drive is located within the Special Purpose Community Area designation and Section C13 of the Official Plan contains policies related to the use and development of lands in this designation. The objectives of this designation are to: • recognize existing residential developments that are not within settlement areas in the Township; • ensure that these areas continue to be used in a manner which respects the `Environment-First' objectives of the Official Plan; and, • ensure that the impacts of uses on lands adjacent to these areas on lands within the designation are considered as part of any development review process. In accordance with Schedule B of the Township's Official Plan, the Big Cedar lands contain: A Provincially Significant Wetland and a Provincially Significant Area of Natural and Scientific Interest (ANSI). The lands subject to the minor variance (25 Tamarack Drive) are located more than 120 metres from these natural heritage features. With respect to "Non-Conforming Uses", Section E1.6 of the Official Plan contains provisions in this regard. Section E1.6.1 states, "As a general rule, existing uses that do not conform with the policies of this Plan should gradually be phased out". Section E1.6.2, contains provisions on the "Role of the Committee of Adjustment" and states that "the Committee of Adjustment may ... allow extensions to a non-conforming use ... [in consideration of] the following:" a) The size of the extension in relation to the existing operation; • The proposed construction is to rebuild an existing attached garage that will be slightly larger than the existing. In Planning Staff's opinion, the proposed work would constitute the extension of the existing non- conforming use which is modest in size. Development Services July 7, 2022 Report No. DS2022-096 Page 4 of 11 Page 117 of 387 6.c) 6.20 p.m. DS2022-096, Danielle Waters, Planner re: Minor Variance A... b) Whether the proposed extension is compatible with the character of the surrounding area; • The proposed expansion of the non-conforming dwelling would be considered in character with the surrounding residential 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; • N/A 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, • In Planning Staff's opinion, the modular home addition would not result in any nuisances that would have to be buffered. e) The conformity of the proposal with the applicable by-laws and policies of the County of Simcoe. • In Planning Staff's opinion, the proposed addition conforms to the County of Simcoe Official Plan as the applicant is proposing to expand the existing residential use. On the basis that the proposed attached garage addition to the existing non-conforming use would not enhance its non-conformity, or compromise the non-conforming use's ability to be "phased out"; therefore, the proposed request is considered to conform. Township's Zoning By-law The subject property is zoned Agricultural/Rural Exception 7 (A/RU*7) Zone, Environmental Protection (EP) Zone in the Township's Zoning By-law 97-95. However, as previously mentioned, the subject property (25 Tamarack Drive) is entirely zoned Environmental Protection. As indicated in Table A5 of the Township's Zoning By-law 97-95, residential uses are not a permitted use in the EP Zone. The existing modular home is non-conforming as it is entirely located within the EP Zone. With respect to the proposed expansion of the volume and floor area used in association with a non-conforming use, Section 5.40 of the Zoning By-law contains provisions related to "Non-Conforming Uses", and states 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". Development Services July 7, 2022 Report No. DS2022-096 Page 5 of 11 Page 118 of 387 6.c) 6.20 p.m. DS2022-096, Danielle Waters, Planner re: Minor Variance A... The intent of Section 5.40 and Section 5.16.1(c) of the Zoning By-law is to ensure that existing non-conforming/non-complying uses on properties in the Township may not be expanded, such that the expansion may result in an increase in a degree of incompatibility or cause any adverse impacts, and that such expansion may not take place without appropriate buffering and mitigation of any negative impacts between such a use and neighbouring land uses. Upon site visit, Planning Staff confirmed that the increase in size of the proposed attached garage will be compatible with the neighbouring area. Through use of GIS mapping, Staff confirmed that the natural heritage features are over 120 metres from the proposed construction. Therefore, it is Planning Staff's opinion, that the proposed attached garage is not anticipated to have an adverse impact on the nearby natural heritage features or any of the neighbouring land uses. 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 comments Development Services July 7, 2022 Report No. DS2022-096 Page 6 of 11 Page 119 of 387 6.c) 6.20 p.m. DS2022-096, Danielle Waters, Planner re: Minor Variance A... • Township Infrastructure and Capital Projects — No comments • Township Building Department — Owner/applicant to be aware; professional engineer's review to confirm existing modular home construction is sufficient to support attached garage will be required prior to building permit issuance Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Proposed Elevation Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-40 be approved, specifically, to permit the construction of an attached garage within the EP Zone on lands municipally known as 25 Tamarack Drive, on the basis that the application 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 June 30, 2022 Andria Leigh, Deputy CAO/Director Development Services June 30, 2022 Development Services July 7, 2022 Report No. DS2022-096 Page 7 of 11 Page 120 of 387 6.c) 6.20 p.m. DS2022-096, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map InTrol �OckDr {pV).1 qa Q e c C, \ OIL Oakp, (, T, x Q� �2 N , l3ge 1 2088 Q �I CPS^ X FDonald or.(pvr] a C 1 Bass Lake Srd._ . 1030 Location CM Subject Landsi ���j � 1 roAd Hrri.aXrr ExciihW Yre£nrr File Number:2922-A-410 + I I 1 1 I Development Services July 7, 2022 Report No. DS2022-096 Page 8 of 11 Page 121 of 387 6.c) 6.20 p.m. DS2022-096, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo InTrol \ 1 44 i� a na r I e a Aerial Photo r14 ,,1,; Subject Lands 1 roAd Hrri.aXra Ex:hbW Yre£nrr �,VIf1 0 100 M File Number:2922-A-40 �', Development Services July 7, 2022 Report No. DS2022-096 Page 9 of 11 Page 122 of 387 6.c) 6.20 p.m. DS2022-096, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicant's Site Plan I I I I 11 I II I i I II I � I h! II I I n $/G CFbifz�6T.4YES T—ARi DRIVE OT PLAN —EI-VT Applicant's Site Plan V �p,�Q'�r� P—d Hrrimge,Exciting Fature File Number'.2022-A-40 Development Services July 7, 2022 Report No. DS2022-096 Page 10 of 11 Page 123 of 387 6.c) 6.20 p.m. DS2022-096, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Proposed Elevations I � ----------------- --------------- Q � . qa R114a I II I r�,wp fro �o 0 Applicant s Elevation Drawings TotrmAp qF Proud FlrritaQe.,F`.xcrti q Future File Number:2022-A-40 Development Services July 7, 2022 Report No. DS2022-096 Page 11 of 11 Page 124 of 387 Minor Variance Application 2022-A-40 (Hand) Location: 25 Tamarack Drive saga 0 J Q 3 Zoning: Agricultural/Rural Exception 7 (A/RU*7) & o Environmental Protection (EP) ® N a 0 Official Plan: Oro Moraine A Core/Corridor Area and SpecialCD Purpose Community Area v v bass Lake Srtl._ (U Y, Current Use: Residential a 952 cQ =3 m =3 m N � (D W /('�T-,-hip of W `7/�Q"� � 0. v O Praiir(HrrirnRr,Ezrifing Ferliirr � n CD D Minor Variance Application 2022-A-40 (Hand) Purpose: The applicant is proposing to replace and increase the size of an o attached garage. The applicant is seeking relief to the following sections of 3 Zoning By-law 97-95, as amended: o Section 3.1,Table A5—Permitted Uses (Environmental Protection (EP)Zone) o N Permitted: Proposed: N Only existing uses permitted. Addition, attached garage No buildings or structures, except those required for flood or erosion control. 0 v Section 5.16.1(c)—Enlargement, Non-complying Structures m Required: Proposed: Does not increase a situation of non-compliance. Increase size of structure in EP m Zone. Section 5.18- Non-conforming Uses m Permitted: Proposed: m Buildings or structures existing before November Replace and increase size of 0 5, 1997. attached garage W ownshi (9tT p of 0. v 0 Praiir(HrrilnRr,Ezrifing Ferliirr � M. 0) n CD D Minor Variance Application 2022-A-40 (Hand) Aerial Photo: o 3 0 CD N O N N f O O O 0 v (D v (D cQ =3 (D =3 N CO v O Arard Hrritagr,Exciting Fufurr � n CD D Minor Variance Application 2022-A-40 (Hand) Applicant's Site Plan: o 3 ---- - -- CD Ll O N O � i O i l .fie'u�d rr,E1—K DRIVE (Q � (D _ PLCTPL. (D SCALE 1—oro• � N 00 O 00 V1Y/G'es��E%CG(/1GGr/ J =. Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2022-A-40 (Hand) Applicant's Drawings: o 3 0 N O V-10 O (O O CD .________.__ C � R RYMGWG��� _____ FiM.�l11E�' _ •Yp01Ml�m$m Y/ ti,kbM4A 0.riinC enrt uR e, 11PdGPVYv W.CW,WwW " C _� �+nnauxaram I I i�r�,eagf II e�eeeees I Wii w.�e ea�rr' I. (D (Q � (D CD (D CD O 4 V1Y/G� J =. Pr-d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2022-A-40 (Hand) - N { O s •� 0 CD N O �I N _ N O CO � O i _ 0 e's ♦ (D CD �T CD V W North on Tamarack South on Tamarack W 0 CO =. Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2022-A-40 (Hand) N v O CD O N N O O (D (D CD Notice sign posted (� 0 �� = C . v 0 Pr—d Heritage,Exciting Fufurr M. 0) 0 CD D Minor Variance Application 2022-A-40 (Hand) mm =' •Ar k ii' mm V/ N O F 3 CD r - o Aftd, r� N .y O O \m W �mmF lV �T V W m N Existing dwelling and detached garage 00 �2tPi =3. Arard Hrritagr,Exciting Fufurr � n CD D Minor Variance Application 2022-A-40 (Hand) O hiL-A CD � 0 N '* O A +c N P f y� CD Y, C� CD W Garage to be rebuilt and expanded CO =�2tPi 0. Arard Hrritagr,Exciting Fufurr � M. 0) n CD D Minor Variance Application 2022-A-40 (Hand) Recommendation: Approve o It is recommended: 3 1. That Report No. DS2022-096 be received and adopted. 0) N 2. That Minor Variance Application 2022-A-40 by Big Cedar(Oro)Residents Associations(John Hand),specifically to permit the replacement and enlargement of an attached garage having an area of 35.4 square metres(380.8 square feet)to an existing N modular home that is located in the Environmental Protection Zone on the lands known as 25 Tamarack Drive, be approved 0 subject to the conditions as outlined in Report DS2022-096. rn 0 v 3. The conditions are as follows: =3 c) That notwithstanding Section 3.1 Table A5, Section 5.16.1 (c), Section 5.40,the proposed attached garage shall otherwise T__ comply with all other applicable provisions of the Zoning By-law; (D d) That the proposed attached garage be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; r) e) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority(NVCA)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. cQ =3 m 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. m CD CD o w ° 0 4 . � o Prair(HnilnRr,Esrrlinq Ferhirr � n CD D 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... Township of Report t.f Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-103 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # July 7, 2022 Minor Variance Application 2022-A-41 Roll #: Siobhan Ducette R.M.S. File #: 4346-010-009-59200 320 Lakeshore Road East D13 60562 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-103 be received and adopted. 2. That Minor Variance Application 2022-A-41 by Siobhan Ducette, specifically for permission to build an attached garage on the north side of the existing single detached dwelling and within 5 metres of the existing watercourse, be deferred. The purpose of this deferral would be to allow the Applicant is to provide additional information to demonstrate that the minor variance is consistent with applicable policies of the Provincial Policy Statement (2020), conforms to the Growth Plan, conforms to the Lake Simcoe Protection Plan and maintains the general purpose and intent of the County of Simcoe and Township of Oro- Medonte Official Plans. 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 320 Lakeshore Road East, as illustrated on Schedule 1. Aerial views of the property and its limits are provided in Schedule 2. The property is currently occupied by a two-storey dwelling with a detached garage located in the east side yard and rear yard and detached rear yard shed. The existing detached garage and shed are located within the required 30-metre setback to the top of bank of the watercourse along the north side of the subject property. The property is accessed from Lakeshore Road East via one driveway in front of the detached garage. Development Services July 7, 2022 Report No. DS2022-103 Pagel of 23 Page 135 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... The subject property has an area of 1 ,189.6 m2 (0.12 hectares) and approximately 49 metres (161 feet) of frontage on Lakeshore Road East. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Rural • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Shoreline Residential (SR) The subject property is also located within the regulated area of the Lake Simcoe Region Conservation Authority (LSRCA) and the watercourse is designated as an LSRCA watercourse. 3. Proposal and Requested Minor Variances The proposed site plan is included in Schedule 4. The applicant is proposing to demolish the existing detached garage and construct a new 2-storey attached garage on the north side of the existing dwelling. The driveway will be situated in the same location as the existing driveway to access the proposed attached garage. The ground floor of the attached garage will include 58 m2 (622 ft2) of floor area and parking for two vehicles, in conjunction with a 11.7 m2 (126 ft2) mudroom providing connection to the dwelling. The garage will also have a 56.9 m2 (612 ft2) loft area on the second floor. The proposed attached garage will located closer to the existing watercourse on the property than the existing detached garage. The proposal will also increase the amount of floor area and lot coverage on the subject property relative to existing conditions and the attached garage will also be considerably larger in floor area, height and massing than the existing detached garage. However, no minor variances have been requested for the physical size of the structure. The drawing package submitted by the Applicant is attached in Schedule 5 and includes floor plans and conceptual elevations for the proposed dwelling. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1. To permit a building or structure 5 metres (16.25 feet) from the top of bank of a watercourse while 30 metres (98.4 feet) is required. The effect of this minor variance will be to allow for construction of an attached garage that complies with the prevailing zoning regulations for building height, floor area, lot Development Services July 7, 2022 Report No. DS2022-103 Page 2 of 23 Page 136 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... coverage and setbacks to the front, rear and side lot lines, but is located closer to the existing watercourse than permitted. 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. 1.1.4 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; Development Services July 7, 2022 Report No. DS2022-103 Page 3 of 23 Page 137 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... b) promoting regeneration, including the redevelopment of brownfield sites; c)accommodating an appropriate range and mix of housing in rural settlement areas; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e) using rural infrastructure and public service facilities efficiently; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; g)providing opportunities for sustainable and diversified tourism,including leveraging historical,cultural,and natural assets; h)conserving biodiversity and considering the ecological benefits provided by nature;and i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3. 1.1.4.2 In rural areas,rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.4.3 When directing development in rural settlement areas in accordance with policy 1.1.3,planning authorities shall give consideration to rural characteristics,the scale of development and the provision of appropriate service levels. 1.1.4.4 Growth and development may be directed to rural lands in accordance with policy 1.1.5,including where a municipality does not have a settlement area. 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands,a planning authority shall apply the relevant policies of Section 1: Building Strong Healthy Communities, as well as the policies of Section 2:Wise Use and Management of Resources and Section 3:Protecting Public Health and Safety. 1.1.5.2 On rural lands located in municipalities,permitted uses are: a)the management or use of resources; b) resource-based recreational uses(including recreational dwellings); c)residential development,including lot creation,that is locally appropriate; d)agricultural uses,agriculture-related uses,on-farm diversified uses and normal farm practices,in accordance with provincial standards; e) home occupations and home industries;f)cemeteries;and g)other rural land uses. 1.1.5.3 Recreational,tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available,and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 2.1 Natural Heritage 2.1.1 Natural features and areas shall be protected for the long term. Development Services July 7, 2022 Report No. DS2022-103 Page 4 of 23 Page 138 of 387 6.d) 6.30 p.m. DS2022-103, 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 3.1 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: a)hazardous lands adjacent to the shorelines of the Great Lakes-St.Lawrence River System and large inland lakes which are impacted by flooding hazards, erosion hazards and/or dynamic beach hazards; b) hazardous lands adjacent to river,stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards;and c)hazardous sites. 3.1.2 Development and site alteration shall not be permitted within: a)the dynamic beach hazard; b)defined portions of the flooding hazard along connecting channels(the St. Marys,St.Clair,Detroit,Niagara and St.Lawrence Rivers); c)areas that would be rendered inaccessible to people and vehicles during times of flooding hazards,erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard;and d)a floodway regardless of whether the area of inundation contains high points of land not subject to flooding. I have reviewed the development proposal and I am of the opinion that the requested application for minor variance to construct the attached garage within 5 metres of the existing watercourse has not demonstrated consistency with the following policies of PPS 2020: • 1.1.1 c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; • 1.1.1 i) preparing for the regional and local impacts of a changing climate; • 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; • 3.1.1 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. I am also in agreement with LSRCA that the proposed expansion of the garage towards the watercourse, and further into the floodplain and meander belt (erosion) hazard areas is of concern and has not been addressed in the application. Development Services July 7, 2022 Report No. DS2022-103 Page 5 of 23 Page 139 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow— Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 3 are applicable to this application. Table 3 - Policy Matrix (A Place to Grow— Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. 2.2 Policies for Where and 2.Forecasted growth to the horizon of this Plan will be allocated based on the following: How to Grow a)the vast majority of growth will be directed to settlement areas that: 2.2.1 Managing Growth i.have a delineated built boundary; ii.have existing or planned municipal water and wastewater systems;and iii.can support the achievement of complete communities; c)within settlement areas,growth will be focused in: i.delineated built-up areas; ii.strategic growth areas; iii.locations with existing or planned transit,with a priority on higher order transit where it exists or is planned;and iv.areas with existing or planned public service facilities; d)development will be directed to settlement areas,except where the policies of this Plan permit otherwise; e)development will be generally directed away from hazardous lands;and f)the establishment of new settlement areas is prohibited. 2.2.9 Rural Areas 3.Subject to the policies in Section 4,development outside of settlement areas may be permitted on rural lands for: a)the management or use of resources; b) resource-based recreational uses;and c)other rural land uses that are not appropriate in settlement areas provided they: Development Services July 7, 2022 Report No. DS2022-103 Page 6 of 23 Page 140 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... i.are compatible with the rural landscape and surrounding local land uses; ii.will be sustained by rural service levels;and iii.will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations. 4.2 Policies for Protecting 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features What is Valuable 1.Outside settlement areas,a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System for the Growth Plan or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone,which: a)is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation;and c)for key hydrologic features,fish habitat,and significant woodlands,is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature. 2.Evaluations undertaken in accordance with policy 4.2.4.1 will identify any additional restrictions to be applied before,during,and after development to protect the hydrologic functions and ecological functions of the feature. 3.Development or site alteration is not permitted in the vegetation protection zone,with the exception of that described in policy 4.2.3.1 or shoreline development as permitted in accordance with policy 4.2.4.5. 4.Notwithstanding policies 4.2.4.1,4.2.4.2 and 4.2.4.3:a)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; b)new buildings and structures for agricultural uses,agriculture- related uses,or on-farm diversified uses will not be required to undertake a natural heritage or hydrologic evaluation if a minimum 30 metre vegetation protection zone is provided from a key natural heritage feature or key hydrologic feature;and c)uses permitted in accordance with policy 4.2.4.4 b): i.are exempt from the requirement of establishing a condition of natural self-sustaining vegetation if the land is,and will continue to be,used for agricultural purposes;and ii.will pursue best management practices to protect and restore key natural heritage features,key hydrologic features, and their functions. 5.Outside of settlement areas,in developed shoreline areas of inland lakes that are designated or zoned for concentrations of development as of July 1,2017,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; b) restore,to the maximum extent possible,the ecological features and functions in developed shoreline areas;and 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; Development Services July 7, 2022 Report No. DS2022-103 Page 7 of 23 Page 141 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... 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 It is my opinion that the development proposal and requested minor variance have not demonstrated conformity to the following Growth Plan policies: • 1 .2.1 (Guiding Principles): Protect and enhance natural heritage, hydrologic, and Iandform systems, features, and functions; • 2.2.1 e) development will be generally directed away from hazardous lands. 3. Lake Simcoe Protection Plan The Subject Property is located within the regulated area of the Lake Simcoe Region Conservation Authority (LSRCA) and subject to the policies of the Lake Simcoe Protection Plan. Chapter 6 specifically relates to Shorelines and Natural Heritage and includes the following targets: • No further loss of natural shorelines on Lake Simcoe; • Achieve a greater proportion of natural vegetative cover in large high quality patches; • Achieve a minimum 40 percent high quality natural vegetative cover in the watershed; • Achieve protection of wetlands; • Achieve naturalized riparian areas on Lake Simcoe and along streams; • Restore natural areas or features; and • Achieve increased ecological health based on the status of indicator species and maintenance of natural biodiversity. The requested minor variance will facilitate construction of an attached garage located closer to an LSRCA watercourse than under existing conditions. The watercourse is considered a key hydrologic feature under section 6.22-DP of the Lake Simcoe Protection Plan. The LSRCA comments have indicated that further encroachment into the minimum vegetation protection zone of 30 metres can be accommodated since existing uses are permitted to encroach within this 30-metres. However, a Plantings Plan has been requested to demonstrate conformity with the Lake Simcoe Protection Plan, including 6.11-DP, and 6.45-DP d. Development Services July 7, 2022 Report No. DS2022-103 Page 8 of 23 Page 142 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... 4. Simcoe County Official Plan The subject property is designated "Rural" on Schedule 5.1 of the County of Simcoe Official Plan. On the basis of my review of the specific policies of the Simcoe County Official Plan provided in Table 4, it is my opinion that the proposal for the subject property and the requested minor variance has not demonstrated that the purpose and intent of the following policies of the County of Simcoe Official Plan will be maintained: • 1.3 The goals of this Plan are: o To protect, conserve, and enhance the County's natural and cultural heritage; o To achieve wise management and use of the County's resources. • 3.1 The planning strategy of this Plan is based on four themes: (including) Protection and enhancement of the County's natural heritage system and cultural features and heritage resources, including water resources. • 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. • 3.7.10 Development in rural areas should wherever possible be designed and sited on a property so as to minimize adverse impacts on agriculture and to minimize any negative impact on significant natural heritage features and areas and cultural features. 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. Development Services July 7, 2022 Report No. DS2022-103 Page 9 of 23 Page 143 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... Part 3-Growth Management Strategy The planning strategy of this Plan is based on four themes: 3.1 Strategy • Direction of a significant portion of growth and development to settlements where it can be effectively serviced,with a particular emphasis on primary settlement areas. • Enabling and managing resource-based development including agriculture,forestry, aggregates,and tourism and recreation. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.7 Rural Objectives 3.7.1 To recognize,preserve and protect the rural character and promote long-term diversity and viability of rural economic activities. 3.7.2 To encourage maintenance,protection,and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas. Policies 3.7.3 Lands in the Rural designation shall be the focus of rural and agricultural land uses. 3.7.4 The following are permitted in the Rural designation: a)those land uses permitted in the Agricultural designation; b)development related to the management or use of resources(subject to section 4.4 and other policies of this Plan as applicable); c)resource-based recreational activities(including recreational dwellings); d) limited residential development,subject to Section 3.7.11; e) home occupations and home industries; f)cemeteries;and, g)other rural land uses. 3.7.10 Development in rural areas should wherever possible be designed and sited on a property so as to minimize adverse impacts on agriculture and to minimize any negative impact on significant natural heritage features and areas and cultural features. Development Services July 7, 2022 Report No. DS2022-103 Page 10 of 23 Page 144 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... 5. 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 minor variance application have not demonstrated that the general purpose and intent of the Official Plan will be maintained, specifically the following policies: • A2.1.1 It is the goal of this Plan to protect and enhance significant natural heritage features and related ecological functions in the Township; • A2.1 .2 Strategic Objectives: a) To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions.; 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; h) To protect natural heritage systems as defined by the Township and the County of Simcoe. • A2.5.2 Strategic Objectives b) To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e) To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. • C5.1 OBJECTIVES : To protect the natural features of the shoreline area and the immediate shoreline. 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. Development Services July 7, 2022 Report No. DS2022-103 Page 11 of 23 Page 145 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.5 Rural Character A2.5.1 Goal It is the goal of this Plan to protect,maintain and enhance the natural, agricultural and open space character of the rural area. A2.5.2 Strategic Objectives b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. A2.6 Growth and Settlement a)To direct the majority of new residential growth to settlements. d)To encourage the more efficient use of land in settlements,where appropriate. A2.6.2 Strategic Objectives SECTION C5—SHORELINE C5.1 OBJECTIVES •To maintain the existing character of this predominantly residential area. •To protect the natural features of the shoreline area and the immediate shoreline. •To ensure that existing development is appropriately serviced with water and sewer services. C5.2 PERMITTED USES Permitted uses on lands designated Shoreline on the schedules to this Plan are single detached dwellings,existing marinas,small scale commercial uses such as convenience stores,public parks, bed and breakfast establishments subject to Section C1.3.10 and home occupations. 6. 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 2-storey attached garage in closer proximity to the existing watercourse than the existing detached garage and within the required 30- metre setback. As outlined in this report it is my opinion that the applicant has not demonstrated that the proposal and requested minor variance are consistent with PPS 2020, conform to the Growth Plan and maintain the general purpose and intent of the County of Simcoe and Township of Oro-Medonte Official Plans. It is my opinion that the requested minor variance does not maintain the general purpose and intent of the Zoning By-Law. Development Services July 7, 2022 Report No. DS2022-103 Page 12 of 23 Page 146 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? No. The application has not provided the required detail to confirm that the purpose and intent of the natural environment policies of the County of Simcoe and Township of Oro- Medonte Official Plans will be maintained and that the purpose and intent of these Official Plans to implement PPS 2020 and the Growth Plan will be maintained. Does the variance conform to the general intent and purpose of the Zoning By-law? No. The requested minor variance will facilitate development within 5 metres of an LSRCA watercourse without demonstrating consistency with the applicable policies of PPS 2020, conformity to the applicable policies of the Growth Plan and that the policy intent of the County and Township Official Plans will be effectively implemented. Is the variance desirable for the appropriate development of the lot? Until the applicant demonstrates that the minor variance is consistent with PPS 2020, conforms to the Growth Plan, maintains the general purpose and intent of the County and Township Official Plans and addresses the concerns raised in the agency comments received on this application, the minor variance cannot be considered desirable. Is the variance minor? No. The required setback to the LSRCA watercourse is 30 metres while 5 metres is proposed. While the 30-metre requirement is not provided under existing conditions, a larger structure is proposed than the existing 1-storey detached garage and the structure will be closer to the top of bank of the watercourse. Until such time as the other minor variance tests are satisfied and the issues raised in this report are addressed, this reduction from the as-of-right permission cannot be considered minor. Development Services July 7, 2022 Report No. DS2022-103 Page 13 of 23 Page 147 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Staff are of the opinion that the proposed development has currently not demonstrated consistency with the Strategic Plan and has the potential to negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building — Septic verification will be required for the increase in floor area. Existing and proposed floor plan of entire single family dwelling will be required. Owner to be aware that existing septic record does not appear to match MPAC property records. • Township Development Engineering — No objection to the application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Operations — The applicant will be required to remove the existing bridge as it has potential to collect debris and cause flooding. Development Services July 7, 2022 Report No. DS2022-103 Page 14 of 23 Page 148 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... • LSRCA: o There remain outstanding concerns in relation to the expansion of the garage towards the watercourse, and further into the floodplain and meander belt (erosion) hazard areas. On this basis, it is recommended that this application be deferred until such time that the Applicant's proposal may be revised to conform with those applicable policies of the PPS, Section 3.1 . o It is the opinion of the LSRCA that: 1 . Consistency with Section 3.1 of the PPS has not been demonstrated; 2. Ontario Regulation 179/06 applies to the subject property. LSRCA Permit is required; 3. A Plantings Plan should be provided, to demonstrate conformity with applicable policies of the LSPP; and 4. We note that the LSRCA application fee for a Consent/Minor Variance Application (Minor— No Technical Review Required) is $525.00, in accordance with the approved Fees Policy under the Conservation Authorities Act. 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-41 be deferred to allow the applicant the opportunity to address the concerns and requirements raised in this report and the staff and agency comments, in order to demonstrate that 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 June 29, 2022 Andria Leigh, Deputy CAO/Director, Development Services June 30, 2022 Development Services July 7, 2022 Report No. DS2022-103 Page 15 of 23 Page 149 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map 43E 411 4Z5 SD 387 i 2.B IL 24 2e 8 13 820 s°Jd 321 10 MD 8 13 18 W g 271 E. =4 243 t� 4 210 1 E 215 1?' 2 1 1K d C 1'1 120 187 12 d 122 10 118 1D8 11D 1E9 131 129 7. d 121 1'13 109 11 5 107 111 Location 6]�T,u�;r,,;,sr ®Subject Lands `i` e /ELfa� Nruud Hcrifaw.-�Ls'xce�rrig d'rrinre� �;Yff 0 100 M File Number:2022-A-41 A�' I i I Development Services July 7, 2022 Report No. DS2022-103 Page 16 of 23 Page 150 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photos � 1 i 1 1 1 1 o- 1� 4 � 1 1 1° 1c � ~r Aerial Photo M&hrd Lands Nruurl Hcrrfuge�l:xce�e�rg f'rrleerc V G File Number:2922-A-41 Development Services July 7, 2022 Report No. DS2022-103 Page 17 of 23 Page 151 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... •a s • ®s m s f ''r Alf M ♦f Development Services July 7, 2022 Report No. DS2022-103 Page 18 of 23 Page 152 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos n M wr s.. T .I Existing Watercourse and Detached Structures Location of Detached Structures Relative to Watercourse t-."._• 4 S ill . -- y wx o � j. ExistingDwelling,Detached Structures and Watercourse Y g, Existing Dwelling and Detached Garage m^ C: I t` Lakeshore Road East Looking North Lakeshore Road East Looking South Development Services July 7, 2022 Report No. DS2022-103 Page 19 of 23 Page 153 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... Schedule 4: Site Plan I Q I N 17,0 IfI 9'-la 1161 a.oa a.oa I PROPOSED ATTACHED DRAINAGE. Fn EXISTING SDU — GARAGE WATERCOURSE I LOFT SPACE 16'-3 I 5.a I I �� J I I L — — — — — — — — — — — — — — — — — — < n I II 2 SITE PLAN-PROPOSED 1"=2a Development Services July 7, 2022 Report No. DS2022-103 Page 20 of 23 Page 154 of 387 6.d) 6-30 p.m. DS2022-103, Michael Barton, Township Planning Consultant Schedule 5: Building Drawings ---- —-�if9BPoa Ba�raa i ,. GARAGE ILA" P F oR e❑' AILYiS 1 LEVEL Development Services July 7, 2022 Report No. DS2022-103 Page 21 of 23 Page 155 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... - - jai In /1 FRO ,,j?UNT ELEVATION U -15'-23M' TO ELATE-LOFT 6%3d� 6Cf%1B 4"%36' TO FLOOR-LOFT — — — — — — — +e i9�rz• TO PLATE-GARAGE ti TO FLOOR-L1 +0' " TO FONNORTION — — — — — — REAR ELEVATION +15'-238` TO PLATE-LOFT +g'_8919' TO FLOOR-9.OFT TO PLATE-GARAGE la 36 GRADE RIGHT ELE VAT ION 3116'=I'-0" Development Services July 7, 2022 Report No. DS2022-103 Page 22 of 23 Page 156 of 387 6.d) 6.30 p.m. DS2022-103, Michael Barton, Township Planning Consultant ... 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Development Services July 7, 2022 Report No. DS2022-103 Page 23 of 23 Page 157 of 387 Minor Variance Application 2022-A-41 (Ducette) d � Location: 320 Lakeshore Road or 12 N East _g 3 �' �+ E a 2e9 19 18 9 9 271 � N Zoning: Shoreline Residential (SR) � N i5 3 216 N 215 1 1a 2 1 1. � O 11 ,29 181 Q 12 Official Plan: Shoreline 5 2F2 W 10 ne �. ,9s 110 �� v Current Use: Residential a, (D 129 W �- O 3 121 1d9 119 00 11b ,1i O T ,0� 111 V 0 Q = W �� Pr—d Heritage,Exciting Fufurr 0 l J O .-f Minor Variance Application 2022-A-41 (Ducette) w Purpose: The applicant is proposing to construct an addition to an existing 0 dwelling for the purposes of an attached garage and increased living space, and is seeking relief from the following section of Zoning By-law 97-95, as amended: o 0 Section 5.32 — Setback from Water Courses N Permitted: Proposed: 0 No building, or structure shall be located Building, or structure 5 metres (16.25 feet within 30 metres (98.4 feet) of the top of feet) of the top of bank of a watercourse. 0 bank of any watercourse. CO v 0 0 v Cn o ON co Township of � 5. --,ICO /` Praiir(HrrinRr,Ezrifing Ferliirr /-� l J 0 r-f .-f Minor Variance Application 2022-A-41 (Ducette) Aerial Photo: 0 3 0 CD N O W ro v fl (D ® W O Op v to rn O � v O { �� W W V1Y/G� Pr—d Heritage,Exciting Fufurr C) l J O .-f Minor Variance Application 2022-A-41 (Ducette) w Applicant's Site Plan: 0 � � o ` Cl) ss_II.. O 17.0 N I Ln 3.00 3.00 PROPOSED'ATTACHED GAFAGL DRAINAGE EX6IING SDU WATERCOURSE W/LOFISPACE �� 5113 5. CD L O �1 SITE PLAN-PROPOSED 1"=20'-0 { =3 W T--hip f J00 3. Praiir(Hrri,nRr,Ez iimg Ferliirr /-� l) O .-f Minor Variance Application 2022-A-41 (Ducette) Applicant's Drawings: 0 -P CD C CD DI o cad-ram m" 74 (n (D N) Q -a g 2 i Q=3) CO =3 00 0, Pr—d Heritage,Exciting Ft,,e 0 =3 Minor Variance Application 2022-A-41 (Ducette) w Applicant's Drawings (cont'd): 0 3 0 CD a-- N I — --_ _ •,m,.,�,• � — — Ta cure-xola CD NO 1 ..1 Ix IA O C0C RIGHT ELEVATION G ��a- Qm W 0 V REAR ELEVATION Pr—d Heritage,Exciting Fufurr l J O x- Minor Variance Application 2022-A-41 (Ducette) w Applicant's Drawings (cont'd): 0 3 CD e"Iffd FTE - aCD ME. CO m w°° (1i `LCaiatPi �. P,.,,d H.img,Ezrilinq Feehnr 0 l J O r-f .-f Minor Variance Application 2022-A-41 (Ducette) w 0 = N N N �.. N v Notice sign posted QI r v c, �_ �� CO �/Y)G^c 2�2CCCJ�/li Pr—d Heritage,Exciting Fufurr l J O .-f Minor Variance Application 2022-A-41 (Ducette) CD ----� OW v (D W O Lakeshore Road East looking Lakeshore Road East looking North South COCO 0 J Araard Hn�ilnRr,Ezrifing Ferli,rr /-� l J 0 r-f .-f Minor Variance Application 2022-A-41 (Ducette) t� w o d _ , W r-.. . CO e- M Existing dwelling & detached Existing dwelling, detached garage structures and watercourse _� �=3 CO J Araard HnilnRr,Ezrifing Ferliirr /- l J 0 r-f .-f Minor Variance Application 2022-A-41 (Ducette) CD w .l mm 0 Existing watercourse and Location of detached structures CO detached structures relative to watercourse �� �� CO Township of � CO 0/ �tt � J . Arard Hrritagr,Exciting Fufu,err /- l J O .-f Minor Variance Application 2022-A-41 (Ducette) w Recommendation: Defer 0 It is recommended: 0 CD 1. That Report No. DS2022-103 be received and adopted. o N N 2. That Minor Variance Application 2022-A-41 by Siobhan Ducette, specifically for permission to build an attached garage on the north side of the existing single detached dwelling and within 5 oW metres of the existing watercourse, be deferred. The purpose of this deferral would be to allow the Applicant is to provide additional information to demonstrate that the minor variance is 0 consistent with applicable policies of the Provincial Policy Statement (2020), conforms to the v Growth Plan, conforms to the Lake Simcoe Protection Plan and maintains the general purpose m and intent of the County of Simcoe and Township of Oro-Medonte Official Plans. co v 0 3. And that the applicants be advised of the Development Services Committee's decision under the o Secretary-Treasurer's signature. v mCD �. rn �_ 0 v co (9, of � J Pra d Hrriingr,Ez iiing Ferliirr /-� l J 0 .-f 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-099 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # July 7, 2022 Minor Variance Application 2022-A-42 Roll #: Lisa & Aleisha Devoe R.M.S. File #: 4346-010-003-25700 1039 Line 6 North D13 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-099 be received and adopted. 2. That Minor Variance Application 2022-A-42 by Lisa & Aleisha Devoe specifically for permission for a hobby farm on a lot with a total lot size of 1.95 hectares (4.83 acres) and to permit the manure storage on the portion of the property that is zoned Rural Residential Two (RUR2), on lands municipally known as 1039 Line 6 North, Township of Oro-Medonte, be deferred to provide the applicants with the opportunity 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 applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 1 .95 hectares (4.83 acres), according to MPAC records, and contains a single detached dwelling, two detached accessory buildings and two shipping containers. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The property has a split zone Agricultural/Rural (A/RU) and Rural Residential Two (RUR2) as illustrated on Schedule 8 to this report. The applicants are proposing to build an agricultural building (barn) on the 1.0 hectare (2.5 acres) portion that is zoned A/RU and the manure storage is proposed to be located on the portion of the property that is zoned RUR2. Therefore, the applicants are seeking relief to the following sections of Zoning By-law 97-95: Development Services July 7, 2022 Report No. DS2022-099 Page 1 of 17 Page 170 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... Table B4 (a) — Minimum lot size for a hobby farm in the Agricultural/Rural (A/RU) Zone Required: Proposed: 2.0 hectares (4.9 acres) Portion of the lot zoned Agricultural/Rural (A/RU): Approximately 1 .0 hectare (2.5 acres) Total lot size (Agricultural/Rural (A/RU) Zone and Rural Residential Two (RUR2) Zone): 1.95 hectares (4.83 acres) Table Al — Residential Zones Permitted Uses Required: Proposed: Does not permit a hobby farm in the Rural The manure storage is proposed to be Residential Two (RUR2) Zone located on the portion of the lot that is zoned Rural Residential Two (RUR2). 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 provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Sections 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage and Section 2.3 - Agriculture, are applicable to this application. The application is for a proposed agricultural use in a prime agricultural area which is consistent with the PPS with respect to Rural Areas and Agriculture. The PPS seeks to protect prime agricultural areas for long-term agricultural use. As per Section 2.3.3.1 , agricultural uses are permitted in prime agricultural areas. The location of the proposed agricultural building and manure storage comply with the minimum distance separation formulae as set out in Section 2.3.3.3. In accordance with Schedule B — Natural Features of the Township's Official Plan, the subject lands are located 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. The applicants would be required to obtain an Environmental Impact Study or Natural Heritage Evaluation to demonstrate that there will be no negative impacts on the significant woodland. Therefore, Planning Staff is not in a position at this time to conclude whether the application is consistent with the Natural Heritage policies of the PPS. Development Services July 7, 2022 Report No. DS2022-099 Page 2 of 17 Page 171 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... 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 and Section 4.2.6 —Agricultural System are applicable to this application. These sections have been reviewed and Planning Staff is of the opinion that the proposed agricultural use is consistent with these policies. Section 4.2.3 — Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features also applies to this application as the proposed development is located within a significant woodland. Specifically Section 4.2.3.1 states: "Outside of settlement areas, development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for: a) forest, fish, and wildlife management; b) conservation and flood or erosion control projects, but only if they have been demonstrated to be necessary in the public interest and after all alternatives have been considered; c) activities that create or maintain infrastructure authorized under an environmental assessment process; d) mineral aggregate operations and wayside pits and quarries; e) expansions to existing buildings and structures, accessory structures and uses, and 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; and, ii. the impact of the expansion or alteration on the feature and its functions is minimized and mitigated to the maximum extent possible; and g) small-scale structures for recreational uses, including boardwalks, footbridges, fences, docks, and picnic facilities, if measures are taken to minimize the number of such structures and their negative impacts" (pages 42 & 43). As indicated above, Section 4.2.3.1 (f) permits the expansions or alterations of existing building and structures for agricultural uses within a key natural heritage feature, but it does not permit new agricultural uses; therefore, Planning Staff is of the opinion that the proposed hobby farm does not conform to the Growth Plan's Natural Heritage policies. The Growth Plan is more restrictive with respect to natural heritage than the PPS. This is addressed in Section 1 .2.3 of the Growth Plan which 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 Development Services July 7, 2022 Report No. DS2022-099 Page 3 of 17 Page 172 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... natural environment or human health. In that case, the direction that provides more protection to the natural environment or human health prevails." Based on the above, conformity with the more restrictive policies of the Growth Plan must be demonstrated. County Official Plan The property is designated `Greenlands' in Simcoe County's Official Plan, refer to Schedule 5 of this report. The Greenlands Designation permits agricultural uses, subject to Section 3.3.15 — Natural Heritage. Section 3.3.15 states that development or 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. The applicants would be required to obtain an Environmental Impact Study or Natural Heritage Evaluation to demonstrate that there will be no negative impacts on the significant woodland; therefore, Planning Staff cannot conclude at this time that the application conforms to the County's Natural Heritage policies. Lake Simcoe Protection Plan The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. Section 6.23-DP of the LSPP states that development or site alteration is not permitted within a key natural heritage feature, key hydrologic feature and within a related vegetation protection zone with the exception of a number of uses. This list of exemptions does not include new agricultural uses; therefore, Planning Staff is of the opinion that the proposed hobby farm is not consistent with the LSPP. The LSPP is more restrictive with respect to natural heritage that the PPS. In Chapter One of the LSPP it is stated, "As provided for in the Lake Simcoe Protection Act, 2008 subject to any policies in this Plan describing how to resolve conflicts between provincial policies or plans, if a conflict arises between a designated policy in this Plan and a provincial policy of another provincial plan the provision that gives the greatest protection to the ecological health of the Lake Simcoe watershed prevails." Based on the above, conformity with the more restrictive policies of the LSPP must be demonstrated. 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 July 7, 2022 Report No. DS2022-099 Page 4 of 17 Page 173 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated `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; • To protect land suitable for agricultural production from development and land uses unrelated to agriculture; • To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township; and, • To preserve and promote the agricultural character of the Township and the maintenance of the open countryside. The principle use of land in the Agricultural designation is agriculture. 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: • 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 obtain an Environmental Impact Study (EIS) or Natural Heritage Evaluation (NHE) demonstrating conformance with all natural heritage policies of the Provincial Policy Statement, Growth Plan, and County and Township Official Plans. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Rural Residential Two (RUR2) in the Township's Zoning By-law 97-95, see Schedule 8 to this report. The applicants are proposing to build a barn and manure storage for 2 medium-framed horses. Based on the proposed number of horses, the agricultural use is classified as a hobby farm which requires a minimum lot size of 2.0 hectares (4.9 acres) in the Agricultural/Rural Zone, in accordance with Table B4 of the Township's Zoning By-law. Development Services July 7, 2022 Report No. DS2022-099 Page 5 of 17 Page 174 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... Therefore, the applicants are requesting relief from the Zoning By-law to permit the hobby farm on their lot which has a total lot size of 1 .95 hectares (4.83 acres), of which only 1.0 hectares (2.5 acres) is zoned Agricultural/Rural (A/RU). They are also requesting relief from the Zoning By-law to permit the manure storage on the portion that is zoned Rural Residential Two (RUR2). A hobby farm use permits the keeping of no more than two horses and/or a limited number of domestic animals for personal use and enjoyment on the same lot as a single detached dwelling, but does not include an intensive agricultural use or a kennel. Hobby farms require a larger lot size to ensure that any livestock buildings meet the Minimum Distance Separation requirements. Planning Staff calculated the required Minimum Distance Separation (MDS) setbacks and confirmed that the proposed location for the barn and manure storage complies with the required MDS II setbacks. Based on previous comments with regards to conformity with the PPS, Growth Plan, County and Township Official Plan, Planning Staff are not in a position at this time to comment on whether the variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed hobby farm lot to standout, look out of place or detract from the rural character of the area. Upon site visit and aerial desktop review, Planning Staff noted that the subject lands are surrounded on three side by an agricultural lot that contains livestock. Furthermore, there are two other properties containing livestock located on Line 6 North, between the subject lands and Old Barrie Road West; therefore, the proposed hobby farm lot would be in keeping with the character of the area. The proposed barn and manure storage are located in wooded areas on the subject lands. 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 appropriate and desirable development of the lot. Are the variances minor? As mentioned above, an Environmental Impact Study or Natural Heritage Evaluation is required to assess the impact of the proposed development on the significant woodland; therefore, Planning Staff are not currently in a position to address whether the application is minor in nature. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Development Services July 7, 2022 Report No. DS2022-099 Page 6 of 17 Page 175 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan 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. Due to the outstanding natural heritage considerations detailed in this report, Planning Staff are at this time unable to find the application to be consistent with the Strategic Plan. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects — No comments. • Township Building Division — No comment. Owner/applicant to be aware that a Nutrient Management Strategy may be required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plans Schedule 4: Elevation Drawings Schedule 5: County of Simcoe Official Plan — Land Use Schedule 6: Township Official Plan — Land Use Schedule 7: Township Official Plan — Natural features Schedule 8: Existing Zoning Development Services July 7, 2022 Report No. DS2022-099 Page 7 of 17 Page 176 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-42 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 June 29, 2022 Andria Leigh, Deputy CAO/Director Development Services June 30, 2022 Development Services July 7, 2022 Report No. DS2022-099 Page 8 of 17 Page 177 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re'... Schedule 1: Location Map 134D 1391 211 u � i 1097 117E Ilia [nM42 . 1121 1044 1➢SD '-3 5° 84D 831 43a 433 5 16:S d.W. a',3 91 Q F. 299 31°. 91 Location Subject Landsf; al + P-d Hrrifq �Li-WuX 1'W.- 0 200 m I File Number:2022-A-42 Development Services July 7, 2022 Report No. DS2022-099 Page 9 of 17 Page 178 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... Schedule 2: Aerial Photo t 10 �. 11 1 C J 1� 0 i Aerial Photo Subject Lands F+ P,—d Heriisayr;li—binK d r:fnre• f a M m File rJumb�:2Q22-A-42 i Development Services July 7, 2022 Report No. DS2022-099 Page 10 of 17 Page 179 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Applicant's Site Plans ! !!e c IL y . Proposed barn Click { contime drawing the Me i X Applicant's Site Plans Proud Heritage,F"xcitin"Q Future File Numbers 2=-R-42 Development Services July 7, 2022 Report No. DS2022-099 Page 11 of 17 Page 180 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re'... Schedule 3: Applicant's Site Plans (Continued) - -- Proposed ChcA to continue,diavAnq manure storage • r � 2 Applicant's Site Plans Tot�of Proud Heritage,F.xcitin,Q Future File Numbers 2=-R-42 Development Services July 7, 2022 Report No. DS2022-099 Page 12 of 17 Page 181 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Elevation Drawings Elevation Drawings: � fYIOM�[ItWATIL]F .. �LA kLt YMt imw LW I�l�YLi�y in WIN Ipkrl huk H£+IIYR Applicant's Elevation Drawings of Proud Heritajy,F.xcit rtq Ffrture File Number:2022-A-42 Development Services July 7, 2022 Report No. DS2022-099 Page 13 of 17 Page 182 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... Schedule 5: County of Simcoe Official Plan — Land Use V astY'Rd. Moonstone Rd, Horseshoe Halley-Rd� a Ed.RarrieRd�\\\ �Ridge�ftead z V7 fl J County of Simcoe — Land Use a Subject Lands Agricultural Taumsh Greenlands ip of -Rural Proud Heritage,Exciting Future 0 400 m File Number:2022-A42 N I I I Development Services July 7, 2022 Report No. DS2022-099 Page 14 of 17 Page 183 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... Schedule 6: Township Official Plan — Land Use —YaseyRd.— -M—swn/e RRd Horseshce•Valley-Rd� 03, Old.earrjeRd—r C. N^,� �Ridge�ftoad._,. Z J' Township Official Plan - Land Use Z A Subject Lands Environm Toumship o_fental Protection Two � Agricultural Proud Heritage,Exciting Future Environmental Protection One 0 300 m File Number:2022-A42 Development Services July 7, 2022 Report No. DS2022-099 Page 15 of 17 Page 184 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... Schedule 7: Township Official Plan — Natural features —vasey.Ra. �:2'£1 v•✓G . " " 3 1�,t r •..� - a y ".}j' .. . )�'�..Y w 3 t/ _ / ! �' .1� y.1 E �</�' �? �.R�r �•#J �i v-.3 s r .Moo .-Rd. kv Horseshoe Halley-Rd� �'��G y�y,y1- � i � 1 R' y ola.e_ie.Rd } u"rr "�`•'u K+ � -W' '+, A W �Rid9e�ftoad ��;. Y¢v'1.�,. 7 v E Al L�/ t' >•�� h --a.'_'i `����a 411 � *M3 '� �, t }�t�,' �tlrn.-rat! .�'�rn.v ., > i e' +VUG Township Official Plan - Natural Features / m I I Subject Lands Environmental Protection 2 Totvnshfp Significant Woodlands [� Provincially Significant Wetlands(EP1) Proud Heritage,Exciting Future 0 300 m File Number:2022-A42 Development Services July 7, 2022 Report No. DS2022-099 Page 16 of 17 Page 185 of 387 6.e) 6.40 p.m. DS2022-099, Catherine McCarroll, Intermediate Planner re:... Schedule 8: Existing Zoning —YaseyRd.— -M—swn/e RRd H--h--VallepRd. ald.earrie-Rtl� �Ridge�ftead .. A(RU A/RU A/RU RUR2 EP ■ Z,Jt=aU EP A/RU RUR2 a A/RU A/RU Existing Zoning Toumship of Subject Lands RUR2(Rural Residential Two) Proud Heritage,Exciting Future A/RU(Agricultural/Rural) EP(Environmental Protection) 0 300 m File Number:2022-A-42 N I i 1 Development Services July 7, 2022 Report No. DS2022-099 Page 17 of 17 Page 186 of 387 Minor Variance Application 2022-A-42 (Devoe) Location: 1039 Line 6 North o 3 Zoning: Agricultural/Rural (A/RU) & 4 0 Rural Residential Two (RUR2) � N „4 „z, o '� 4 Official Plan: Agricultural & Environmental Protection v r CD Current Use: Residential CD �^ `0 W <J � T � V 0 91 _ �CD F 00 -% `V mm 4 Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-42 (Devoe) Purpose: The applicants are proposing to build an agricultural building (barn) o and manure storage. The applicants are seeking relief to the following sections 7 of Zoning By-law 97-95, as amended: o Table B4 (a)—Minimum lot size for a hobby farm in the Agricultural/Rural (A/RU)Zone o N Required: Proposed: N 2.0 hectares(4.9 acres) Portion of the lot zoned Agricultural/Rural 0 (A/RU): D Approximately 1.0 hectare (2.5 acres) 0 v Total lot size (Agricultural/Rural (A/RU) m Zone and Rural Residential Two (RUR2) Zone): m 1.95 hectares(4.83 acres) n n v Table Al —Residential Zones Permitted Uses o — Required: Proposed: m Does not permit a hobby farm in the Rural The manure storage is proposed to be m 08 % Residential Two (RUR2)Zone located on the portion of the lot that is o zoned Rural Residential Two (RUR2). _CD Cj rr.�n Q 00 Praiir(HrrinRr,Ezrifing Ferliirr CD 0) CD Minor Variance Application 2022-A-42 (Devoe) CD Aerial Photo: 0 - o e CD N 0 0 N z i m io 0 _ 0 n s (D (D n n v O_ CD cQ - CO CD 3 (D CO of v Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-42 (Devoe) CD Applicant's Site Plan: o ,` . 3 N O Proposed bars N N O O Proposed (p manure storage (7 M. (D • z ,�� :' n v O = N O 3 O (D Q 00 vi Zr Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-42 (Devoe) CD Applicant's Drawings: 0 E+edation Gravain>s: 3 a ........... .. ... .. .. 0 r.n 0 N O - — ..... O n rrsr euvrmrr � CD lift e+ru+..,w rxcrneuxdrron CD o 3 C (D j Praiir(HrrirnRr,Ezrifing Ferliirr 00 53 CD CD Minor Variance Application 2022-A-42 (Devoe) CID County of Simcoe Official Plan - yPe� o Land Use: CD N O N N O O O n (D (D n n v m i Subject Lands ° >v — Agricultural =3 CD Greenlands N N Rural { BCD Q 00 Pr—d Heritage,Exciting Fufurr CID Minor Variance Application 2022-A-42 (Devoe) Township Official Plan •:� o Land Use: 0 CD — — N O N N O O n = i v (D (D n v -0 Subject Lands v QEnvironmental Protection Two N w Agricultural % o Environmental Protection One CD N CJ00 Q Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-42 (Devoe) Township Official Plan - o \k o:,Mom`✓ r..4.s Natural Features: .wa� �' ` r y � 0 CD I N O N i N O O i O N i =. s (D N=11 Subject Lands sew 2- Environmental Protection 2 Significant Woodlands ,� YCD Provincially Significant Wetlands(EP1) J 3 CJ W (D E 00 Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-42 (Devoe) CD Existing Zoning: 0 0 3 .,� CD _ N - - - — O N N O O .gar Hy O n CD n Subject Lands 0 — v _ � �� RUR2(Rural Residential Two) � 8 i A/RU(AgrlculturalJRural) CD o EP(Environmental Protedion) _3 ° �N CO Tohip ~ s Q CO 0iYJG" &2te, Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-42 (Devoe) rn CD o " CD 0 r N O CD N t CD =. CD n 41, - - n O Looking North along Line 6 Looking South along Line 6 CD North North CD 00 CD Tu.-hip I Praiir(Hrri�nRr,Ezrifing Ferliirr CD CD Minor Variance Application 2022-A-42 (Devoe) -- O ism � 0 .; ■ cn o O CD g a C CD I A t.TAG " v (D =3 Notice sign posted 3 CD o �_ s Q Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-42 (Devoe) CD x - CD p9 ° i r A �Oa _ CD o- C s 0 �t x cQ — Existing single detached Rear of the dwelling, shipping CD 00 dwelling container and sheds Cj Cj T—hip 4iY�G"c122tPi Pr—d Heril�gr•Ea W,,g Pufurz CD CD Minor Variance Application 2022-A-42 (Devoe) p, O V! O CD CD J Y f y ......---- � 0 Location of the proposed Manure storage is proposed to be CD agricultural building CD located at the rear of lot in the woodland —,-_.ems Q Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-42 (Devoe) 4 O CD O ma Illy , a N O (D (D n v O v Significant woodland CD O CD 00 (g; =� v Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2022-A-42 (Devoe) CD Recommendation: Defer 0 It is recommended: 3 0 1. That Report No. DS2022-099 be received and adopted. N 0 N 2. That Minor Variance Application 2022-A-42 by Lisa &Aleisha Devoe specifically for permission for a hobby farm on a lot with a total lot size of 1.95 hectares (4.83 acres) and to permit the manure storage on the portion of the property that is zoned Rural Residential Two (RUR2), on D lands municipally known as 1039 Line 6 North, Township of Oro-Medonte, be deferred to provide v the applicants with the opportunity to address the natural heritage policies contained in the =r CD Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans. %. m 3. And that the applicants be advised of the Development Services Committee's decision under the 0 Secretary-Treasurer's signature. v o v m =3 N O_ CD o 3 00 Pra d Hrriingr,Ez iiing Ferliirr CD CD 6J) 6.50 p.m. DS2022-097, Danielle Waters, Planner re: Minor Variance A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-097 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # July 7, 2022 Minor Variance Application 2022-A-43 Roll #: Sarah and Gerhard Peysar R.M.S. File #: 4346-020-004-18902 3122 Town Line D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-097 be received and adopted. 2. That Minor Variance Application 2022-A-43 by Sarah and Gerhard Peysar specifically to permit an accessory apartment unit with a size of 111.5 square metres (1,200.0 square feet) on lands municipally known as 3122 Town Line, be approved, subject to the conditions as outlined in Report DS2022-097. 3. The conditions are as follows: a) That notwithstanding Section 5.4, the accessory apartment unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed accessory apartment unit 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, Building Permit and Septic 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 July 7, 2022 Report No. DS2022-097 Page 1 of 11 Page 202 of 387 6J) 6.50 p.m. DS2022-097, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 22.2 hectares (54.8 acres) and currently supports a single detached dwelling and many accessory/agricultural buildings, as shown on Schedules 1 and 2. The applicants are proposing to construct an addition to the existing dwelling and are seeking relief to the following section of Zoning By-law 97-95: Section 5.4 c) —Apartment Dwelling Units Accessory to a Single Detached Dwelling Required: Proposed: the maximum floor area of the apartment 111 .5 square metres (1 ,200.0 square feet) dwelling unit is 70.0 square metres (753.5 square feet) The applicant's site plan, floor plan and elevation drawing are included as Schedule 3, 4 and 5 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 and Section 1.4 — Housing are applicable to this application. This application represents limited residential development that is consistent with the PPS with respect to Rural Areas. Section 1.4 (Housing) requires municipalities to provide an appropriate range and mix of housing options and densities. New housing is to be directed to locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs. Encouraged are development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Development Services July 7, 2022 Report No. DS2022-097 Page 2 of 11 Page 203 of 387 6J) 6.50 p.m. DS2022-097, Danielle Waters, Planner re: Minor Variance A... Section 2.1 supports the achievement of complete communities that feature, among other items, a mixture of land uses, provision of a diverse range and mix of housing options, and a compact built form. Section 2.2.9 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 agricultural/residential lot. Planning Staff is of the opinion that this application is conforms with the policies of the Growth Plan 2020. County Official Plan The property is designated Greenlands and Agricultural in the County of Simcoe's Official Plan. The proposed addition and accessory unit are within the Agricultural designation. The intent of the Agricultural designation is to "protect the resource of prime agricultural lands and prime agricultural areas, while recognizing the inter- relationship with natural heritage features and areas and ecological functions" (County of Simcoe, 2016). The Section 3.6.10 speaks to the location of development, should it occur within the Agricultural designation, that development "be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system" (County of Simcoe, 2016). The proposed addition is to be constructed within the disturbed part of the property, not within the agricultural fields or wooded areas. Section 3.5.30 speaks to the policies in the Plan that a range of types of housing be provided within the County. This includes apartment units and a mix of affordable housing. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. In Planning Staff's opinion, the applicant's minor variance application conforms with the County's Official Plan as the construction of a secondary dwelling unit is considered an accessory use to the existing residential use on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy 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) Development Services July 7, 2022 Report No. DS2022-097 Page 3 of 11 Page 204 of 387 6J) 6.50 p.m. DS2022-097, Danielle Waters, Planner re: Minor Variance A... whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated 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 variance pertaining to the construction of a secondary dwelling unit is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. Single detached dwelling additions and by extension accessory uses to the residential use are permitted in the Zone. Section 5.4 of the Zoning By-law permits an apartment dwelling unit accessory to a single detached dwelling in the A/RU Zone. The primary purpose of the maximum permitted floor area (70 square metres) for an apartment dwelling unit is to ensure that an apartment is the accessory/secondary use to the main dwelling unit. Planning Staff believe that the proposed size will maintain a secondary and subordinate size to the main unit. Both units will be on the first floor of the of the structure. The main unit has a floor area of 168.6 square metres (1 ,815.0 square feet), and the accessory apartment unit has a proposed floor area of 111.5 square metres (1,200.0 square feet) as seen in Schedule 4. The applicants are applying for a minor variance from Section 5.4 Apartment Dwelling Units Accessory to a Single Detached Dwelling. Notwithstanding any other provisions of this By-law, one apartment dwelling unit is permitted in a single detached dwelling in the Agricultural/Rural (A/RU) Zones provided: a) the single detached dwelling has a gross floor area greater than 110 square metres (1,184 square feet), exclusive of the apartment dwelling unit; • Complies: The main unit has a floor area of 168.6 square metres (1,815.0 square feet) b) the minimum floor area of the apartment dwelling unit is 50 square metres (543 square feet); • Complies: both dwelling units meet this requirement c) the maximum floor area of the apartment dwelling unit is 70 square metres (753.5 square feet); • Subject to Minor Variance: applicants are proposing to increase the apartment dwelling unit to 111.5 square metres (1,200.0 square feet) d) the apartment dwelling unit has a means of egress to the outside that is separate from any means of egress for another dwelling unit; Development Services July 7, 2022 Report No. DS2022-097 Page 4 of 11 Page 205 of 387 6J) 6.50 p.m. DS2022-097, Danielle Waters, Planner re: Minor Variance A... • Complies: The units will be connected by a mutual mudroom, however, both units have a separate means of egress on top of the shared mudroom entrance. e) a window opening in the apartment dwelling unit having an area of 0.30 square metres (3.23 square feet) is located above grade. • Complies: Both dwelling units are located above grade For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Staff has identified that the proposed single detached dwelling is not visible from the road, and has significant tree coverage. There is sufficient parking space to accommodate two dwelling units on the property. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the accessory apartment is not anticipated to have an adverse impact on the neighbourhood. The proposed variance will keep the existing driveway and significant tree coverage allows for the structure to not be visible from the road and therefore will not have an adverse impact on the neighbourhood. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (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 Development Services July 7, 2022 Report No. DS2022-097 Page 5 of 11 Page 206 of 387 6J) 6.50 p.m. DS2022-097, Danielle Waters, Planner re: Minor Variance A... 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 Department — Owner/applicant to be aware that septic verification or septic permit for a new system will be required prior to building permit issuance Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Proposed Floor Plan Schedule 5: Applicants Proposed Elevations Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-43 be approved, specifically, to permit the renovation of an existing dwelling to include an accessory apartment unit with a size of 111.5 square metres (1,200.0 square feet) on lands municipally known as 3122 Townline, 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 June 30, 2022 Andria Leigh, Deputy CAO/Director Development Services June 30, 2022 Development Services July 7, 2022 Report No. DS2022-097 Page 6 of 11 Page 207 of 387 6J) 6.50 p.m. DS2022-097, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map 290E• 2918 10195 2942 ` 3002 v • s 12 t7 Fa I� 73 1B 98 � 17 20L-23 !24 t�35- 30"8 30 30b2 32 10090 1007@ 10008 � J 12 3 10028 3172 9949 Sass 4 e 8 32 34 ock-E res. 3a i 9 11 951r 99 29� 31 38 12 94 1 8 18'722 24�1 47 .D 1750 5 S I 15 7 19 7t �� 45 9922 3320 3 � 81r1 rea Location Subject Lands Q� I.IE�EL�/1le% Pwad HrritVr,Exciiing UnImm 0 200 m File N.mn—,, + Development Services July 7, 2022 Report No. DS2022-097 Page 7 of 11 Page 208 of 387 6J) 6.50 p.m. DS2022-097, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo II 30-2 Y u r � Y er �ooaa soya 3os2 31�22 J G 3 0 r I * j �Q Aerial Photo rnuarslrip�f KI Subject Lands 0;tQ� Prond Heritage,Exciting Fururr 0 200 m File Number;2022-A-4,3 ' J I. 1 Development Services July 7, 2022 Report No. DS2022-097 Page 8 of 11 Page 209 of 387 6J) 6-50 p.m. DS2022-097, Danielle Waters, Planner re- Minor Variance A Schedule 3: Applicants Proposed Site Plan % au rTvck pu,,, Applicant's Site Plan To h' Proud HeYitaQe.,FxcitiRq Future File Number:2022-A-43 Development Services July 7, 2022 Report No. DS2022-097 Page 9 of 11 Page 210 of 387 6J) 6.50 p.m. DS2022-097, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicants Proposed Floor Plan FF p xr:. �-J �r--yy, .I`;G:• �.`•.H p N ICY. •°I'r r .1 o MOf y5ev MAIN F009 ftm SCU,118"-I'-0" Applicant's Floor Plan Town-44p of Proud Heritage,Fxritinqz Frrtrrre File Number;2022-A-43 Development Services July 7, 2022 Report No. DS2022-097 Page 10 of 11 Page 211 of 387 6J) 6.50 p.m. DS2022-097, Danielle Waters, Planner re- Minor Variance A... Schedule 5: Applicants Proposed Elevations 0 M] ] p pn ❑ tYP EtNA Yet:V?".I'.. ❑ ❑ Q 11 o �❑ Applicant's Elevations Proud Heritage,Exciting Future File Number 2022.A43 Development Services July 7, 2022 Report No. DS2022-097 Page 11 of 11 Page 212 of 387 Minor Variance Application 2022-A-43 (Peysar) Location: 3122 Townline ,a ,F g 9 0 Zoning: Agricultural/Rural (A/RU) 97 `g C0 lnaao N aaee O Official Plan: Agricultural 12 3 6 co ,00ze v Current Use: Residential f was =3 m' m v Tl nao I�� z��emonlDr.,, V �17 A�rn res ,F, U W (D W v O Arard Hrritagr,Exciting Fururr � n D Minor Variance Application 2022-A-43 (Peysar) Purpose: The applicants are proposing to construct an addition (with an o apartment) to an existing single detached dwelling. The applicants are seeking 3 relief to the following section of Zoning By-law 97-95, as amended: o N Section 5.4 c) —Apartment Dwelling Units Accessory to a Single Detached Dwelling N Required: Proposed: CO the maximum floor area of the apartment 111.5 square metres (1,200.0 square feet) dwelling unit is 70.0 square metres (753.5 square feet) m m v m � v m N_ CD O � (D W Township of v `J O Praiir(HrrinRr,Ezrifing Ferliirr � n CD D Minor Variance Application 2022-A-43 (Peysar) Aerial Photo: o e<isY��� 3058 l �0�^^ V! N O N O 3 CO o v r 0 (D (D W (D Baas (p 1 2 CD =3 CD O_ W V1Y/G� J =. Pr—d Heritage,Exciting Fururr O n CD D Minor Variance Application 2022-A-43 (Peysar) Applicant's Site Plan! o oW� N O \\\ N ^. O � v �� xrrrn..z wxs � v (D ws (D llf/ p � xe�it fub. �C t CD 1 (D m W T—hip of s 4 lJ/ ` � O. Pr—d Hn doge,E-iiinq Feehnr M. 0) n CD D Minor Variance Application 2022-A-43 (Peysar) Applicant's Proposed Floor Plan: o N O N O EMN MA 1 ® O _ O O CO EJ NIL /C M:Vi0?JM Ic.M�z sfl.rc 12 YJ Q.IViWMrI CD - recP,l:O�il f'IPMTMNI (D �TlV4 T,M �r„,.nnn CD N PIWPY-40 MNN ftOOR PLAN 00 v O Arard Hrritagr,Exciting Fulurr � n CD D Minor Variance Application 2022-A-43 (Peysar) Applicant's Elevations: o 3 0 CD o N N ,r=reaxxn f 0 CO 0 0 ]] 0 �� m ❑ CD nehC/Mqv ••••., µ v CD flWVvFra. � un•-r,> 11 11�"Ej =3 _ - m o .. W Towrf:hip of s 00 O. Pr—d Hn doge,E-iiinq Feehnr M. w n CD D Minor Variance Application 2022-A-43 (Peysar) -< (on CD CO (D v u CD v CD N North on Town Line South on Town Line _ , CO W �A f� = 0. Arard Hrritagr,Exciting Fufurr � M. 0) n CD D Minor • • • 1 Pe CD IQ NJ CO i Y ql: 1 i 1 > 1 Driveway into Notice sign posted • 1 C) property 1 • .. 0 3 Minor Variance Application 2022-A-43 (Peysar) C K 0 OAR, (n O N O v C-AsSt - t � r t I,- CD Existing dwelling Existing out building Existing out building N (� )00 Praiir(Hrii�nRr,Ezrifing Ferliirr � M. 0) n CD D Minor Variance Application 2022-A-43 (Peysar) 0 ke 1 y�i r CD s ' er`e (D v `'. N Existing out building Location for addition CD N (3) and apartment CO 043o ttPi 0. Arard Hrritagr,Exciting Fufurr � M. 0) n CD D Minor Variance Application 2022-A-43 (Peysar) Recommendation: Approve o It is recommended: 3 1. That Report No. DS2022-097 be received and adopted. 0 07 N 2. That Minor Variance Application 2022-A-43 by Sarah and Gerhard Peysar specifically to permit an accessory apartment unit with a size of 111.5 square metres(1,200.0 square feet)on lands municipally known as 3122 N Town Line, be approved, subject to the conditions as outlined in Report DS2022-097. CO v 3. The conditions are as follows: p c) That notwithstanding Section 5.4,the accessory apartment unit shall otherwise comply with all other W applicable provisions of the Zoning By-law; T' d) That the proposed accessory apartment unit be substantially and proportionally in conformity with the (D dimensions as set out on the application and sketches submitted and approved by the Committee; e) That the appropriate Zoning Certificate, Building Permit and Septic Permit be obtained from the v Township only after the Committee's decision becomes final and binding, as provided for within the m 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- cc Treasurer's signature. � m N � Qaks N � W (D W r s W /rQ� � 0. O Pr—r(HnilnRr,Esrrlinq Ferhirr � n D 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-102 Development Services Andria Leigh, Deputy Committee CAO/Director, Development Services Meeting Date: Subject: Motion # July 7, 2022 Minor Variance Application 2022-A-44 Roll #: Tamara DeSousa R.M.S. File #: 4346-010-006-02000 29 Barrie Terrace D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-102 be received and adopted. 2. That Minor Variance Application 2022-A-44 by Tamara DeSousa specifically for permission to build a one-storey addition (living space) connecting the existing dwelling and detached garage with a reduced setback of 1 .234 metres (4.05 feet) from the easterly interior side lot line for the existing dwelling and proposed addition and a reduced easterly interior side lot line of 1 .06 metre (3.5 feet) for the existing carport. And to expand a deck on the lake side with a reduced setback of 19.76 metres (64.8 feet) from the average high water mark to the deck stairs, the deck stairs encroaching into the westerly interior side yard with a reduced setback of 1.234 metres (4.05 feet) and the deck encroaching into the easterly interior side yard with a reduced easterly interior side yard of 1.234 metres (4.05 feet), on lands municipally known as 29 Barrie Terrace, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-102. 3. The conditions are as follows: a) That notwithstanding Section 4.0, Table B1 , Use Standards — Shoreline Residential (SR) Zone, and Section 5.7 (a) and (c), the single detached dwelling addition and deck/deck stairs shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition and deck/deck stairs 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 Development Services July 7, 2022 Report No. DS2022-102 Page 1 of 15 Page 224 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is located no closer than 1 .234 metres (4.05 feet) from the easterly interior side lot line and the deck/deck stairs be no closer than 19.76 metres from the average high water mark of Lake Simcoe (219.15 m G.S.0 Datum) and no closer than 1.234 metres from both the eastern and western interior side lot lines; d) That the applicants maintain and preserve the existing fencing/vegetative buffer on the interior side property lines or replace with a similar buffering; e) That the applicants satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; f) That the applicants satisfy the Building Division comments regarding septic verification prior to issuance of any building permit; and, g) 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: The subject property has a lot area of 0.204 hectares (0.504 acres), according to MPAC records, and contains a single detached dwelling and detached accessory building (garage). The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to construct an addition at the front of the existing non- complying single detached dwelling in the area between the dwelling and detached garage and to building an extension onto the deck with stair access at the lake side of the dwelling. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Single detached dwelling addition: Section 4.0, Table 131, Use Standards —Shoreline Residential SR Zone Variance Required: Proposed: No. 1 Minimum Interior Side Yard 1.06 metres (3.5 feet) easterly interior side 3 metres (9.8 feet) yard for existing carport roof 2 1.234 metres (4.05 feet) easterly interior side yard for existing dwelling 3 1 .234 metres (4.05 feet) easterly interior side yard for proposed addition Development Services July 7, 2022 Report No. DS2022-102 Page 2 of 15 Page 225 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... Deck and deck stairs: Section 5.7 (a) and (c)— Decks Variance Required: Proposed: No. 4 Decks attached to a single Deck stairs to be located 19.76 metres detached dwelling are not (64.8 feet) from average high water mark permitted within 20 metres (65.6 feet) of the average high water mark of Lake Simcoe 5 Decks are permitted to Deck stairs (westerly side yard) to encroach into the required encroach 1 .77 metres (5.8 feet), resulting interior side yard a distance in westerly side yard setback of 1 .234 of no more than 1 .0 metre metres (4.05 feet) (3.2 feet) for one interior side yard 6 Deck (easterly side yard) to encroach 1.77 metres (5.8 feet), resulting in easterly side yard setback of 1.234 metres (4.05 feet) The applicants' site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development is not anticipated to impact any natural features or functions as the dwelling addition will be located on the road side of the property further from Lake Simcoe and the deck addition is limited in area and elevated on the lake side of the existing dwelling not further impacting the shoreline area. Development Services July 7, 2022 Report No. DS2022-102 Page 3 of 15 Page 226 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed dwelling addition and deck and deck stairs expansion are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed single detached dwelling addition and deck expansion are consistent with the County's Official Plan as they are associated with an existing permitted residential use. Lake Simcoe Protection Plan The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "expansion to existing buildings or structures, accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed dwelling addition is located away from Lake Simcoe on the road side and the deck and deck stairs expansion is above grade and obtained support from the LSRCA. The subject property is located within the LSRCA's regulated area. The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated the subject application and have advised that they have no objection to the application as proposed. Development Services July 7, 2022 Report No. DS2022-102 Page 4 of 15 Page 227 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... The applicants will be required to obtain a LSRCA Permit prior to submitting their Building Permit application. The requirement for a LSRCA permit has been included as a recommended condition of approval. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. The intent of the Shoreline Designation is: • 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. Permitted uses in the Shoreline designation include single detached dwellings and by extension accessory uses, including detached accessory buildings. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build an addition to the existing single detached dwelling and a deck expansion on the existing dwelling which is a permitted use in the Shoreline Designation. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95. The applicants are proposing to construct an addition on the road side of the existing non-complying single detached dwelling between the dwelling and detached garage. Additionally they are proposed a 4 foot deck extension and deck stair access on the lake side of the existing dwelling; therefore, the applicants are seeking relief from the Zoning By-law to permit: Development Services July 7, 2022 Report No. DS2022-102 Page 5 of 15 Page 228 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... 1) A further encroachment of 0.24 metres (0.78 feet) into the required 20.0 metres (65.6 feet) setback from the average high water mark of Lake Simcoe for a total setback of 19.76 metres (64.8 feet); and, 2) A further encroachment of 1.77 metres (5.8 feet) into both interior side yards for interior side yard setbacks of 1.234 metres (4.05 feet) on each side to the deck expansion and deck stairs respectively; 3) Maintaining the existing 1 .06 metres (3.5 feet) interior side yard setback (to existing carport roof on east side) and 1.234 metre (4.05 feet) interior side yard setback (to existing dwelling), and a 1 .234 metre (4.05 feet) interior side yard setback (for proposed dwelling addition on east side) The existing single detached dwelling is non-complying as it does not meet the minimum required interior side yard setback of 3.0 metres (9.8 feet) as it has a setback of 1 .06 metres (3.5 feet) to the carport and 1.234 metres (4.04 feet) to the existing dwelling. Section 5.16.1 of the Township's Zoning By-law permits the enlargement, repair or renovation of non-complying buildings and structures provided that the enlargement, repair, replacement or renovation: a) "does not further encroach into a required yard or into the setback area from the average high water mark of 15 metres (49.2 feet) from Bass Lake or 20 metres (65.5 feet) from Lake Simcoe (see section 5.28); b) does not increase the useable floor area in a required yard. Crawlspace foundations are permitted provided the same does not allow for human habitation and that same foundation does not exceed 1.8 metres in total height; c) does not in any other way increase a situation of non-compliance; and, d) complies with all other applicable provisions of this By-law" (p. `5-9'). The Zoning By-law requires a minimum setback of 20.0 metres (65.6 feet) from the average high water mark of Lake Simcoe to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. In Planning Staff's opinion, the proposed deck expansion and deck stairs meet the general purpose and intent of the Zoning By-law as the deck expansion is elevated and is a minor expansion into the average high water mark setback that is supported by the LSRCA and the proposed dwelling addition and deck expansion maintain the existing non-complying interior side yard setbacks and do not further encroach. In Planning Staff's opinion, the existing interior side yard setback continues to provide adequate space for access and maintenance around the dwelling. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed dwelling addition and the proposed deck expansion and deck stairs will have a minimal impact on the neighbouring property owners as the interior side lot lines contain fencing and trees that will buffer the addition from view from the neighbouring properties. Additionally the Development Services July 7, 2022 Report No. DS2022-102 Page 6 of 15 Page 229 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... proposed dwelling addition is located between the existing detached garage and dwelling which are well setback from the front lot line; both the existing detached garage and the front yard vegetation will continue to provide screening for the proposed dwelling addition. Planning Staff have recommended a condition that the applicants maintain and preserve the existing vegetation and fencing along the interior side property lines or replace if destroyed. Prior to issuance of a building permit, the owners will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval. The plan will ensure that water drainage resulting from the proposed development will be mitigated on the subject lands and will not impact neighbouring lots. Planning Staff noted that the requested variances are not out of character for the area and maintain the existing interior side yard setbacks without further encroachment. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed development is not anticipated to have an adverse impact on the character and appearance of the shoreline residential neighbourhood. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Development Services July 7, 2022 Report No. DS2022-102 Page 7 of 15 Page 230 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Building Division - Comments are as follows: 1. Septic verification based on a phase 2 required prior to issuance of building permit. Most current health unit record inaccurate. 2. Owner/applicant/designer to be aware of maximum percentage of openings in exposing building face per 9.10.14.4. as well as requirements for construction of exposing building face per 9.10.14.5. of the Ontario Building Code. • LSRCA - We have no objection to the proposed variance. On this basis, is recommended that any approval of this application include the following condition: That the Applicants/Owners apply for, and successfully obtain an LSRCA Permit. • Bell Canada - Bell Canada does not have any comments or concerns regarding this application Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-44 be approved, specifically to permit construction of an addition to the existing non-complying single detached dwelling with a reduced interior side yard setback of 1 .06 metres (3.5 feet) to the carport and 1 .234 metres (4.05 feet) to the proposed dwelling addition and a Development Services July 7, 2022 Report No. DS2022-102 Page 8 of 15 Page 231 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... reduced setback of 19.76 metres (64.8 feet) from the average high water mark of Lake Simcoe and reduced setback of 1.234 metres (4.05 feet) to both interior side lot lines for the deck and deck stairs, 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, and represents good planning. Respectfully submitted: Andria Leigh, MCIP, RPP Deputy CAO/Director Development Services Approvals: Date: Development Services July 7, 2022 Report No. DS2022-102 Page 9 of 15 Page 232 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 1: Location Map —VawyRd.— -Maonsto� 115 H.—hae•Valley Rd. I 115 o�a•sarrl�•Ra.„ I RI 115 1 9dyc 3 57 �QS� 5 53 �! 7 9 26 22 27 20 8 11 18 115 25 13 23 21 19 17 15 334 364 12 11 10 �jti' 3254 8 9 6 °CC 5 360 4 362 G� 356 84 304 3350 346 2 5" 338 344 Rig9e c° Rd 46 Shanty Bay Rd. 2o`I z 6 4 2 G° $arrfe 7 38 30 18 14 10 4 1 errace 6 5 �( --- "Orgina Dr..3351 51 43 41 5 1 15 7 39 37 1 9 7 3 13 11 g 33 r31 25 21 19 17 15 11 Location -.we:9i' ® Subject Lands 1"oumslti- Proud Heritage,Exciting Future 0 loom File Number_2022-A-43 b I t I I Development Services July 7, 2022 Report No. DS2022-102 Page 10 of 15 Page 233 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 2: Aerial Photo _ysipy.Rd.� ` 11 .Mo Wh.Rd. 1 A ee..esnce.vauey.Rd� 9 334 � � OU.B..rie.Rd,� e —Ridge�R a -' 356' 308 310 346 352 312 318 320 32.2 324 314 3"16 326 328 330 s 336 .3'3g, 342. 344 f Shanty y 8a 12d.- 46 - 38 g0 h✓ 14 18 r Barrie 7erracer R a 43 41 39 °� 37 35 33 , �' 15 31 29 17 v" 23 21 Aerial Photo 1 oumship o�� Q Subject Lands Proud Heritage,Exciting Future yam!' 0 100 M File Number_2022-A-44 ^r' �1 I I Development Services July 7, 2022 Report No. DS2022-102 Page 11 of 15 Page 234 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 3: Applicant's Site Plan a� 1640' o + f Variance No. 1 + 3 50' + + o w + + + CONCRETE `.V' LL + + +-U < + + oWo I 0.6 E'` T + + o > I + + + `�- + + fyo � cc + + + � P . + + < + + + + + + + + + + + + + + +5.40' + + + + + + + CD 3.-7 o I I� �■ Variance No. 3 r = co a I �10.90 + -.dew- Variance No. 2 + +il + + + + + + + + FENCE >+ + + ++++ — ON U E + + + >_ O-z _DZ + + + + W O O W + + +++ + C� -LJ-� W + + + + n Q + + cn � Q Q + + W W + + + T ra- m + + + + + + + + + ,JI + + +8.85' + + +++++++++++++++ + + + + + + + + + c� + + + + + + + + + Ln CD . Iz + -+ + + + + I� ++++BALCaNY+++++ 1 Variance No. 5 + + + + + + + Variance No. 6 1 .25' FFNCE 0.1 D' W E_�T 0�, �o DECK NISTCNE�� >�� o Development Services July 7, 2022 Report No. DS2022-102 Page 12 of 15 Page 235 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... DECK NISTONEry�' e0 N J Variance No. 4 +i I u9->0 of e N IP (OU) Ln i Q (WIT) 5I wI � zI � DECK + w _,." WE'�)T — � � o FRAME PUMP Ln HOUSE o LL S FRAM E SHED I +I Development Services July 7, 2022 Report No. DS2022-102 Page 13 of 15 Page 236 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 4: Elevation Drawings Proposed deck/deck stairs (lake side): HRF7�M 17T71 IRE SOUTH ELEVATION Existing Road Side (garage): UC9 ®0 NORTH ELEVATION Development Services July 7, 2022 Report No. DS2022-102 Page 14 of 15 Page 237 of 387 6.g) 7.00 p.m. DS2022-102, Andria Leigh, Deputy CAO/Director, Developmen... Proposed deck/deck stairs (lake side) and dwelling addition: ° Ll 00 00 LS FAST ELEVATION m°�'::^,� ® 0 0 00 ® m - - o 0 z� z5 WUT ELLIIA Development Services July 7, 2022 Report No. DS2022-102 Page 15 of 15 Page 238 of 387 Minor Variance Application 2022-A-44 (DeSousa) 0 Location: 29 Barrie Terrace 5 e57 3 / -P s3 eerDr ��� 26 9 22 20 8 Zoning: Shoreline Residential (SR) 27 8 115 co 13 \ 25 IQ23 21 t9 I 15 O IQ II\ 1 Official Plan: Shoreline 934 364 ��✓ 1z 11 \ � i N 10 5• \ /3zsa D 6 6 oe 6 5 360 \ G°`� �� 356 362 Q Current Use: Residential 6a 3°< 3,<6 3356 �,• l 2 y � aae m� 344 RiyeeR r F >o \ Shanty Bay Rd. 2 6 4 2 fJ Barrie 1'e 38 30 18 14 10 a 1 rreCe 6 5 m °rgl a Dn 3as1 51 43 41 36 37 9 7 5 3 1 15 13/11 19 33 31 25 79 17 15 11 21 0 v D O N \ W 0 co -% w 0 W ern,T6;ve� Pr—d Heritage,Exciting Fulurr G O 3 Minor Variance Application 2022-A-44 (DeSousa) 0 0 Purpose: The applicants are proposing to construct an addition (living space 3 and deck) to an existing dwelling. The applicants are seeking relief from the o following sections of Zoning By-law 97-95, as amended: N 0 N Section 4.0, Table B1, Use Standards—Shoreline Residential (SR)Zone N Variance Required: Proposed: oN No. D 1 Minimum Interior Side Yard 1.06 metres (3.5 feet) easterly interior side v' 3 metres (9.8 feet) yard for existing carport roof m cQ' 2 1.234 metres (4.05 feet) easterly interior 0 side yard for existing dwelling CD 3 1.234 metres (4.05 feet) easterly interior n side yard for proposed addition DO N 0 O (D ca 0 W ��t, O v Praiir(HrrinRr,Ezrifing Ferliirr 0 G 0 0 3 0 P Minor Variance Application 2022-A-44 (DeSousa) 0 0 Purpose (cont'd): Section 5.7(a)and (c)—Decks p Variance Required: Proposed: o No. N N 4 Decks attached to a single Deck stairs to be located 19.76 metres 0 detached dwelling are not (64.8 feet)from average high water mark N permitted within 20 metres > (65.6 feet)of the average CL high water mark of Lake v' Simcoe r 5 Decks are permitted to Deck stairs(westerly side yard)to cQ' encroach into the required encroach 1.77 metres(5.8 feet), resulting interior side yard a distance in westerly side yard setback of 1.234 p of no more than 1.0 metre metres(4.05 feet) m (3.2 feet)for one interior side yard v D cc 6 Deck(easterly side yard)to encroach 1.77 metres(5.8 feet), resulting in easterly side 0 yard setback of 1.234 metres(4.05 feet) ID' 00 `/ f` -� O Prair(HnilnRr,Esrrlinq Ferhirr 0 G 0 0 3 0 Minor Variance Application 2022-A-44 (DeSousa) 0 0 Aerial Photo: /:308 CD i"/. 310 31,2 114 310 318 320 322 3�4 326 '328 330 34fi 352 . �7 336 338 342 344 j i �i Ftp I N 0 Shanty Bay Rd. N 38 30 i 0 3 N Bar e Terrace > Q a3 � J CD (Q 35 33 �rO 25 19- ♦V m 3 '-F l J m 0 0 N ip-% O _�{ 61!a W W ern,Tou„�6;ve� O Pr—d Heritage,Exciting Future 0 G 0 0 3 0 Minor Variance Application 2022-A-44 (DeSousa) 0 0 Applicant's Site Plan: P f V ce No.' I.LJ{ 3 50' C 4.05• �o N 0 i DECK NI-STONE`b' I N I6.40• o I >9 IV b l II f Variance No.3 ��`j8J p••�J' I 0 L �I nos G NI TJ N Variance No.4 � _ D 10.90' i o I 4g>0• =3 I `4.05 ­jaaa Variance No_2 0 I I� � N �� IP (OU) ;� �• F LNCE I Q (WIT) w 1 N r iwo:z'owi, ON LINE DECK (Q• 3.0' WEST FRAME I 0 PUMP CD I^ � I HOUSE � Iz BALOONr, �N h%gTeRS FRAME Variance No.S I 1.25'> __• _- •-_-_- FENCE Variance No. SHED I_ii l/ 0.1 O' WE5T DO 4.05' yv 0 DECK NI-STONE`4, 0 W I >s I CD0 ..I t>/m 3>, r { ���n 00 ^c 22tPi -71 Pr—d Heritage,Exciting Fufurr 0 G 0 0 3 0 Minor Variance Application 2022-A-44 (DeSousa) 0 O Applicant's Elevations: P 0 ® - - N O F--1 Fino0 00 - o0 00 o� oo D --------- --------- TI CD v NORTH ELEVATION (Q SOUTH ELEVATION 0 .-f Proposed deck/deck stairs (lake Existing road side (garage) o N side) o W 0 Pr—d Heritage,Exciting Fufurr 0 G 0 0 3 0 Minor Variance Application 2022-A-44 (DeSousa) 0 0 Applicant's Elevations (cont'd): P CD 0 0 00 =3 ------ ----------- m CD FLI o rri �s ❑ © K 0 v - _ ---- D Cn Proposed deck/deck stairs (lake side) and dwelling addition 00 Praiir(Hrri�nRr,Ezrifing Ferliirr 0 G 0 0 3 0 Minor Variance Application 2022-A-44 (DeSousa) :. 0o CD O 1 a m p m riOP � Dv - (D O Notice sign postedIOD 00 Ot" Praiir(Hrri�nRr,Ezrifing Ferliirr 0 G 0 0 3 0 Minor Variance Application 2022-A-44 (DeSousa) �r 6, 0 0 Aft° �Je `s? .: ` (n 0 n, N 0 v' m cQ' u m View looking east on View looking west on o Barrie Terrace Barrie Terrace ID °° (g; = ° Pr—d Heritage,Exciting Fufurr 0 G 0 0 3 0 Minor Variance Application 2022-A-44 (DeSousa) - ' o O o �. rl yy. N v� NCD yM1 m -mu n View along eastern View along western o property line property line CD w —,• 001!a 00 o Pr—d Heritage,Exciting Fufurr 0 G 0 0 3 0 Minor Variance Application 2022-A-44 (DeSousa) O N r m 0 m � n View from Barrie View along Western o Terrace property boundary Q 0 Prai�r(HnilnRr,Esrrlinq Ferhirr 0 G 0 0 3 0 Minor Variance Application 2022-A-44 (DeSousa) o + O +` h � � a CO 0 O - r m 0 m n View from garage to Existing detached o road garage w �4,. 0'"CD 00 '�: �2tPi 0 Pr—d Heritagr,Exciting Fufurr 0 G 0 0 3 0 Minor Variance Application 2022-A-44 (DeSousa) 0 (n o IQ O -- 1 �..� � a' ,.W, � r r ` (D 77, d 0 IQ Location of proposed deck expansion o and deck stairs CD 00 '�: c%2CCCJ/2tPi Pr—d Heritage,Exciting Fufurr 0 G 0 0 3 0 Minor Variance Application 2022-A-44 (DeSousa) 0 0 Recommendation: Approve It is recommended: 0 07 1. That Report No. DS2022-102 be received and adopted. o N 2. That Minor Variance Application 2022-A-44 by Tamara DeSousa specifically for permission to build a one- N storey addition (living space)connecting the existing dwelling and detached garage with a reduced setback of 0 1.234 metres(4.05 feet)from the easterly interior side lot line for the existing dwelling and proposed addition N and a reduced easterly interior side lot line of 1.06 metre(3.5 feet)for the existing carport. And to expand a > deck on the lake side with a reduced setback of 19.76 metres (64.8 feet)from the average high water mark to Q the deck stairs,the deck stairs encroaching into the westerly interior side yard with a reduced setback of 1.234 metres(4.05 feet)and the deck encroaching into the easterly interior side yard with a reduced easterly interior side yard of 1.234 metres(4.05 feet), on lands municipally known as 29 Barrie Terrace, Township of Oro- m Medonte, be approved subject to the conditions as outlined in Report DS2022-102. 0 m 3. The conditions are as follows: a) That notwithstanding Section 4.0, Table B1, Use Standards—Shoreline Residential (SR)Zone, and Section 5.7(a)and(c),the single detached dwelling addition and deck/deck stairs shall otherwise 0 cc comply with all other applicable provisions of the Zoning By-law; D m b) That the proposed single detached dwelling addition and deck/deck stairs be substantially and Nproportionally in conformity with the dimensions as set out on the application and sketches submitted and 0 o approved by the Committee; � �-. � w / ,f 0 00 ly-ftQ-%` .E;Cl,VIGGC/ 0 P,—d HnHMg,,Es W,%Ferhirr 0 G 0 0 3 0 Minor Variance Application 2022-A-44 (DeSousa) 0 0 Recommendation (cont'd): Approve c) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering p Technologist(C.E.T.)verify by pinning the foundation wall and verifying in writing by way of survey/real co property report, prior to the pouring of the footing and if no footing,the foundation,that the single 0 detached dwelling addition is located no closer than 1.234 metres(4.05 feet)from the easterly interior N side lot line and the deck/deck stairs be no closer than 19.76 metres from the average high water mark of Lake Simcoe(219.15 m G.S.0 Datum)and no closer than 1.234 metres from both the eastern and 0 N western interior side lot lines; D d) That the applicants maintain and preserve the existing fencing/vegetative buffer on the interior side =3 property lines or replace with a similar buffering; e) That the applicants satisfy the permits and approvals required from the Lake Simcoe Region v Conservation Authority; (D f) That the applicants satisfy the Building Division comments regarding septic verification prior to issuance of any building permit;and, ? g) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained p from the Township only after the Committee's decision becomes final and binding,as provided for within m the Planning Act R.S.O. 1990, c.P. 13. v 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary- 0 cc Treasurer's signature. N 0 CT W 00 0; tQ"�, �E;CG(l1GGG O v Prair(HnilnRr,Esrrlinq Ferhirr G 0 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-104 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # July 7, 2022 Minor Variance Application 2022-A-45 by Roll #: Jamie & Michelle Christie R.M.S. File #: 4346-010-009-54100 115 Lakeshore Road East D13 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-104 be received and adopted. 2. That Minor Variance Application 2022-A-45 by Jamie & Michelle Christie, specifically for the purposes of a detached accessory building with an increased height of 5.74 metres (18.83 feet) and an increased floor area of 98.6 square metres (1,061 square feet) with an attached carport covering an area of 41 square metres (440 square feet), on lands municipally known as 115 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-104. 3. The conditions are as follows: a) That notwithstanding Sections 5.1.4 and 5.1 .6, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) Notwithstanding that the proposed development shall be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee, the position of the proposed detached accessory building with attached carport may be adjusted to accommodate the driveway location; c) That the lands be limited to a maximum of one driveway entrance; d) That the applicant satisfy all review fees, permits and approvals required from the Lake Simcoe Region Conservation Authority (LSRCA); e) That the appropriate Zoning Certificate, Engineering Lot Grading Plan, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services July 7, 2022 Report No. DS2022-104 Page 1 of 14 Page 254 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... Background: The subject property is a shoreline lot that has an area of 0.28 hectares (0.7 acres) and contains a single detached dwelling and an aging accessory building that is intended to be demolished and replaced. A Location Map is included as Schedule 1 to this report and Aerial Photos are included as Schedule 2. The applicants are proposing to construct an accessory building consisting of a detached garage with an increased height of 5.74 metres (18.83 feet) and an increased floor area of 98.6 square metres (1,061 square feet) with an attached carport covering an area of 41 square metres (440 square feet). The applicants are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 5.1.4 — Maximum Height for Accessory Building Required: Proposed: Max. 4.5 metres 14.7 feet Max. 5.74 metres 18.83 feet Section 5.1.6 — Maximum Floor Area for Ac ssory Building Required: Proposed: Max. 70 square metres (753.5 square feet) Max. 98.6 square metres (1,061 square feet) accessory building with attached carport of 41 square metres (440 square feet) The applicants' site plan, elevation drawings and floor plans are included as Schedules 3 and 4. The applicants are also proposing to in the future replace the dwelling on the subject lands, which does not require a Minor Variance. 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, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. The application represents limited development in a designated rural area that is consistent with the above-noted PPS policies. Development Services July 7, 2022 Report No. DS2022-104 Page 2 of 14 Page 255 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed accessory building conforms to with the Rural Areas policies in the Growth Plan as is represents residentially—related development in a rural area that is designated for limited residential development. Also applicable is Section 4.2.4.5, which permits development outside of settlement areas in developed shoreline areas of inland lakes on lands that are designated or zoned for concentrations of development. The proposed development conforms to Section 4.2.4.5 as the lands are designated and zoned for residential uses by the Township's Official Plan and Zoning By-law. Based on the above, it is Planning Staff's opinion that the proposed development conforms to the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory building will be located in approximately the same location as an existing accessory building that is to be demolished, and is therefore not anticipated to have any new or adverse impacts on the Lake Simcoe. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development, which includes accessory buildings on residential properties. In Planning Staff's opinion, the proposed development conforms to the County's Official Plan as it is associated with an existing permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Development Services July 7, 2022 Report No. DS2022-104 Page 3 of 14 Page 256 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... 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 Shoreline in the Township's Official Plan. The intent of the Shoreline Designation is: • 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. Permitted uses in the Shoreline designation include single detached dwellings and by extension accessory uses, including detached accessory buildings. The review of this application by Township Departments and applicable agencies has not identified any natural heritage, natural hazard or servicing concerns. The size, location and appearance of the proposed accessory building is compatible with the character of existing development in the Shoreline area. Based on the above, the proposed variance conforms 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 Shoreline Residential (SR) according to the Township's Zoning By-law 97-95. The general intent of the Zoning By-law in prescribing maximum height and floor area requirements is to ensure that an accessory building will continue to be secondary and subordinate in both use and in appearance to the primary residential use of a property. In this case the proposed detached garage with an upper level loft and a carport would be taller that than the existing 143.7 square metre (1547 square feet) on- storey dwelling on the lands, but would still remain smaller than the dwelling in terms of overall building mass and foot-print. In Planning Staff's opinion the proposed accessory building would be clearly subordinate and secondary to the existing main dwelling on the property. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed accessory building would occupy the approximately the same location as an existing, aging accessory building that is to be demolished. In Planning Staff's opinion, the proposed design, size and use of the Development Services July 7, 2022 Report No. DS2022-104 Page 4 of 14 Page 257 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... accessory building would clearly be secondary and subordinate to the applicants' main dwelling. Township Operations Staff have advised that only one driveway entrance is permitted pursuant to Driveway Entrance By-law 2017-076. In response, the applicant's agent has advised that the proposal would be to temporarily maintain the existing gravel driveway on the east side of the property, then relocate the entrance to the west side of the property, in front of the proposed accessory building, once the future construction for a new dwelling was completed. Under this scenario, Planning Staff are able to support the proposed variances and have recommended a condition of approval that the lands be limited to a maximum of one driveway entrance. Building Staff have provided comments requesting details of the septic system in relation to the proposed building and exiting lot lines, to be addressed at the Zoning Certificate and Building Permit stages. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Is the variance minor? The question of the minor nature of the variances relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed development is not anticipated to have an adverse impact on the character and appearance of the shoreline residential neighbourhood, will not detract from the use and enjoyment of nearby properties and will not negatively affect the functionality of the subject lands. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have any adverse impacts, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan Development Services July 7, 2022 Report No. DS2022-104 Page 5 of 14 Page 258 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. • Township Operations Division — Only one entrance per residential property is permitted under the by-law. Upon completion of the proposed garage, the other entrance, including any culverts/granular must be removed to the property line and the boulevard restored. The existing drainage must be maintained. A permit is required for the new entrance. • Township Building Division — setbacks from septic system per 8.2.1.4. of the Ontario Building Code are to be indicated on site plan. Clearance between septic beds shall also be indicated on the site plan. • LSRCA - no objection to the proposed minor variance subject to the LSRCA review fee ($525.00) for the Minor Variance application be paid. A permit from LSRCA will be required prior to any development taking place within the regulated portion of the property. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photos Schedule 3: Applicants' Site Plan Schedule 4: Applicants' Elevation Drawings and Floor Plan Development Services July 7, 2022 Report No. DS2022-104 Page 6 of 14 Page 259 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-45 be approved, specifically for the purposes of a detached accessory building with an increased height of 5.74 metres (18.83 feet) and an increased floor area of 98.6 square metres (1,061 square feet) with an attached carport covering an area of 41 square metres (440 square feet), on the basis that the application meets the four tests of the Planning Act, and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Deputy CAO & Director, Development Services June 30, 2022 Development Services July 7, 2022 Report No. DS2022-104 Page 7 of 14 Page 260 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map ova seyRd� 350 -Moonst—Rd. 14 Hor:esnoewsiievRa. 338 oIQ•6ar"..Rd. �Rd. 0 5 12 --I id,.. d-.�`+r 24 22 N 13 10 23 8 20 19 18 � 9 21 20 5 O 19 O O q 15 3 17 16 2 1 O 11 120 16 c 7 12 0 126 13 12122 12 10 5 118 6 1D0 102 104 108 110 88 92 94 a ss 98 ore Rd,E• 120 c a• C 127 T � Y 4 a 123 89 121 117 119 O'CO nnell-4n. 95 113 115 103 35 99 101 2 Location � di ila& ® Subject Lands 7' hip of Proud Heritage,Exciting Future 0 loom File Number:2020-A-45 N I i i I Development Services July 7, 2022 Report No. DS2022-104 Page 8 of 14 Page 261 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo —VaseyRd.— 6 .lrrrr .'$� •1 J..:'.,,: Horseshoe Halley-Rd� 12 ald.narrie-Rd 7 - ',, V 3 122 �Ridge�R°. O m 6 �,.j 104 108 110. 100 102 �s 98 esnore L - a 4 1.21 119 117 115 1D7 1D9 1i11 113 103 D5 99 101 2 Aerial Photo 0 Subject Lands Totlmship of Proud Heritage,Exciting Future 0 100 rn er File Numb .2022-A-45 V' I Development Services July 7, 2022 Report No. DS2022-104 Page 9 of 14 Page 262 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... 40* r ' , i �y Development Services July 7, 2022 Report No. DS2022-104 Page 10 of 14 Page 263 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Site Plan yakeshore Road East 1 115 Lakeshore Road East- goad Asa IOTA' Oro Medonte Lakesn�fe i3,Asm1 ji Site Reference Plan I CL 27 I I i i I � � �aI 704 I �P IF !— z2 J i w 1p I� =---j C7 sww I I I I I I I I �IIL I Ir (9t.58 m5 � I E7'm E I I I I I I I I I I I I I I - I Water Lot swcoe I Laksshorg I t.akesh°re Simcoe I I I Development Services July 7, 2022 Report No. DS2022-104 Page 11 of 14 Page 264 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... (Site Plan Detail) i . m 22 Ff:jCd E"Ps Fr z\nn sage to 39 P Now Gonige r ,7m Development Services July 7, 2022 Report No. DS2022-104 Page 12 of 14 Page 265 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... Schedule 4: Elevation Drawings and Floor Plan L=-- mm 0� 0 0 E&O SW EWsallkm =I s Elm 0 0 UW d — Ukeside Elevation Roadside Elevation Development Services July 7, 2022 Report No. DS2022-104 Page 13 of 14 Page 266 of 387 6.h) 7.10 p.m. DS2022-104, Derek Witlib, Manager, Planning Services re: ... lV 2W 22' E. 3 I I I 21' eOR I r PoriI o a:12 0 Sq «:12 N I I I I I � I I Section View - Lakeside I I I I � ar e I I I L 6 1 S4F — I — I Loft 450 Sq Ft I I Music I Exercise Rm I 1 I I + I I up I 3 I I I I � I i oN ' 22 I 22' Garage Floor Plan Loft Floor Plan Development Services July 7, 2022 Report No. DS2022-104 Page 14 of 14 Page 267 of 387 Minor Variance Application 2022-A-45 (Christie) Location: 115 Lakeshore Road 20 21 21 - 9 6 6 9 9 10 6 q 0 0 20 - 5 West 19 4 0 5 17 6 2 � 11 120 6 l^ ,2 O V! Zoning: Shoreline Residential ,z p 3 22 26 IQ,0 5 ,1B N 6 704 106 110 0 Official Plan: Shoreline BB 92 94 ,� Lakesh _ 120 CD 127 CD Current Use: Residential N 89 4 S t21 123 9 C •connell-Ln. 95 3 15 117 C 1 r F t03 35 99 t01 /� 2 CD N 00 ; sue=3 W V1Y/GelvE.%CG(lICGG =3. 00 (Q v Pr-d Heritage,Exciting Fufurr CD CD n CD Minor Variance Application 2022-A-45 (Christie) Purpose: The applicants are proposing to construct an accessory building (detached garage with carport). The applicants are seeking relief from the following sections of Zoning By-law 97-95 with respect to the accessory building, o as amended: 0 N N Section 5.1.4— Maximum Height for Accessory Building 0 Required: Proposed: J11 Max. 4.5 metres (14.7 feet) Max. 5.74 metres (18.83 feet) 0 CD m Section 5.1.6— Maximum Floor Area for Accessory Building Required: Proposed: 7 Max. 70 square metres (753.5 square feet) Max. 98.6 square metres (1,061 square feet) accessory building with attached =3 carport of 41 square metres (440 square (Q CD m N � W Township 00 (9t �^ P"'d HrHll gr,Ez iimg Ferliirr V! CD n CD Minor Variance Application 2022-A-45 (Christie) Aerial Photo: r 5 8 O O 6 � — 108 710 goo a2_ oa e ' 0 • Rd.E. N �akest,o� O - N N 3 � O s � R a a - tQ1 0 (D s (D 11� � 115 109 1 i1d 119 103 105 107 i r-F 99 101 {3 2 0) CD O 0 Pr—d Heritage,Exciting Fufurr CO CD n CD Minor Variance Application 2022-A-45 (Christie) Applicant's Site Plan: 115 LaAdM1wO Rp E8 M ~Y! -P MekM spa RN—FWCD — I I O K-Z O 0 I I I CD 1 I a CD V�b 10-4 I C go I I I I C I I I I � I I i I I p i+ropo�agd� � i J J =3 I I I I CO CD I � (D I 1 J C co � N (6.7m) o =3 w ToRn�hip 00 O/YJ�clZttPi P-4 Heritage,Exciting Fufurr CO CD n CD Minor Variance Application 2022-A-45 (Christie) Applicant's Elevations Drawings: West Side Elevation 3 CD — 0 Ai _ -0 ae �` 00 0 - � Lb"dGrad* CD East Us Elevation (D Lakeside Elevation Roadside Elevator E I CD r !v 4 00 (Q v Pr—d Heritage,Exciting Fufurr CO CD n CD Minor Variance Application 2022-A-45 (Christie) Applicant's Elevations Drawings (cont'd): 0 �22 0 N as ® O Ri fTual i N Loft 450 Sq Ft y s O Music I Exercise Ian a•-a LCr CD (D Loft Floor Plan Section View• Lakeside W =3 Garage Floor Plan +� �. w /'CJG"c ZLtP/ 00 cQ Pr—d Heritage,Exciting Fufurr CO CD n CD Minor Variance Application 2022-A-45 (Christie) Ar q y CD - N 3 R_ -=.�" O 0 CD CD ti m :n Notice sign posted W CO OfF �. Prai�r(HnilnRr,Esrrlinq Ferhirr CO CD n CD Minor Variance Application 2022-A-45 (Christie) O k ICD }` 0 O N N O 0 (D (D C� v (Q cQ CD Subject lands from Lakeshore Cn Road East �� c00 a �: =c,22tPi Pr—d Heritage,Exciting Fufurr CO CD n CD Minor Variance Application 2022-A-45 (Christie) 9- rh 0 CD 0 F 0 CD CD Cr r ems:. N Lakeshore Rd E — Lakeshore Rd E — Looking East Looking We =3 W . � CO E9i �tt� �3 Pr—d Heril�gr,Ea W,,g Pufurz V! CD n CD Minor Variance Application 2022-A-45 (Christie) O CD *"� N f O i (D (D N Existing dwelling and accessory Existing gravel driveway building v { =3 W Tow�h;p v O/iQ"� A�LG(lIGGG Pr—d Hn doge,E-iiinq Feehnr CO CD n CD Minor Variance Application 2022-A-45 (Christie) �$ o (n No O C' CD CD v � Existing accessory building - Existing accessory building - CO Looking West Looking South v ��� ~ 00 Pr—d Heritage,Exciting Fufurr CO CD n CD Minor Variance Application 2022-A-45 (Christie) Recommendation: Approve It is recommended: _P 3 1. That Report No. DS2022-104 be received and adopted. 0 CD 2. That Minor Variance Application 2022-A-45 by Jamie& Michelle Christie,specifically for the purposes of a detached accessory N building with an increased height of 5.74 metres(18.83 feet)and an increased floor area of 98.6 square metres(1,061 square feet) o with an attached carport covering an area of 41 square metres(440 square feet), on lands municipally known as 115 Lakeshore N Road East,Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-104. p 3. The conditions are as follows: p a) That notwithstanding Sections 5.1.4 and 5.1.6,the proposed accessory building shall otherwise comply with all other m applicable provisions of the Zoning By-law; C b) Notwithstanding that the proposed development shall be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee, the position of the proposed detached accessory building with attached carport may be adjusted to accommodate the driveway location; c) That the lands be limited to a maximum of one driveway entrance; d) That the applicant satisfy all review fees, permits and approvals required from the Lake Simcoe Region Conservation v Authority (LSRCA); =3 v e) That the appropriate Zoning Certificate, Engineering Lot Grading Plan,and Building Permit be obtained from the TownshipCD cQ cc only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. (D M 13. cfl o =3 Cl)°° 0ft0% �2 �. 00 cQ Prair(HnilnRr,Esrrlinq Ferhirr CO CD n CD U) 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re:... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Development Services Prepared By: DS2022-100 Committee Catherine McCarroll, Intermediate Planner Meeting Date: Subject: Motion # July 7, 2022 Consent Application 2022-B-22 by Skyline Investments Inc. Roll #s: Concession 3 Part Lots 1 and 2 R.M.S. File #: 4346-010-002-03301 Reference Plan 51 R9949 Part 1 D10- Oro Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-100 be received and adopted. 2. That Consent Application 2022-13-22 by Skyline Investments Inc., to permit a boundary adjustment having a lot frontage of 240.0 metres (787.4 feet), an irregular depth and an area of approximately 19.4 hectares (47.9 acres) to be added to the property located at 3210 Line 3 North, be approved subject to the conditions as outlined in Report DS2022-100. 3. The conditions for Consent Application 2022-13-22 are as follows: a) That the severed lands with an area of approximately 19.4 hectares (47.9 acres) be merged in title with the abutting property to the east, described as Concession 3 Part Lot 2 Reference Plan 51 R41444 Part 1 (Oro), municipally known as 3210 Line 3 North, 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, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land Development Services July 7, 2022 Report No. DS2022-100 Page 1 of 14 Page 280 of 387 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re:... dimensioned to the satisfaction of the Director, Operations and Community Services, that said parcel be deeded gratuitously to the Township for road purposes; that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that all costs associated with the dedication be born the Owner. Alternatively, the applicant can apply for the issuance of a Certificate of Cancellation. c) That all municipal taxes be paid to the Township of Oro-Medonte. d) 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. e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. f) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. g) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject lands are located on the west side of Line 3 North, south of Horseshoe Valley Road West. The subject lands are currently vacant; however, they are being used by S.M.A.R.T Adventure Programs. The benefitting lands, 3210 Line 3 North, contain Vetta Spa. Surrounding land uses predominantly consist of Horseshoe Resort ski hills and Carriage Ridge Resort to the north east, Vetta Spa to the east, woodlots to the south, Simcoe County forests to the west and agricultural lands to the north (Refer to Schedules 1 and 2). Purpose of Application 2022-B-22: The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Development Services July 7, 2022 Report No. DS2022-100 Page 2 of 14 Page 281 of 387 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re:... Lands to be Severed Lands to be retained Total Merged lands from (4346-010-002-03301) (3210 Line 3 North) 4346-010-002-03301 and added to 3210 Line 3 North Frontage: 240.0 m (787.4 ft.) Approx. 430.0 m Approximately 735.0 1,410.8 ft. m 2,411.4 ft. Depth: Irregular Irregular Irregular Area: Approximately 19.4 ha Approximately 12.5 ha Approximately 29.8 47.9 ac. 30.8 ac. ha 73.69 ac. Use: I Vacant I Vacant I Vetta Spa No new lots are proposed as a result of the boundary adjustment/lot addition. 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. Specifically, Section 1.1.4 — Rural Areas, Section 1.1.5 Rural Lands, Section 2.1 — Natural Heritage and Section 2.2 — Water are applicable to this application. The PPS does not restrict boundary adjustments on rural lands. No new buildings or structures are proposed as part of this application; therefore, no adverse impacts are anticipated on the natural heritage features as a result of the boundary adjustment. In the future, when Vetta Spa decides to expand their use into the merged lands, such development would be subject to a Zoning By-law Amendment and Site Plan Control and they will be required to ensure that the development does not cause an adverse impact on the natural heritage features. Based on the above, Planning Staff is of the opinion that this boundary adjustment application is consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed boundary adjustment is consistent with the Rural Areas policies in the Growth Plan as the proposed boundary adjustment does not represent "development" as defined by the Growth Plan. In accordance with Schedule B — Land Use of the Township's Official Plan, a portion of the property is designated Oro Moraine Core/Corridor Area. All lands within the Core/Corridor Areas and Outliers are considered to be significant woodlands. Development Services July 7, 2022 Report No. DS2022-100 Page 3 of 14 Page 282 of 387 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re:... Therefore, Section 4.2.2 Natural Heritage System is also applicable to this application. The Natural Heritage System policies regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). Since the proposed boundary adjustment does not represent `development' as defined by the Growth Plan, these policies do not affect this application. The subject lands are regulated by the Nottawasaga Valley Conservation Authority (NVCA). The NVCA has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any NVCA comments that may be received. Based on the above, Planning Staff are satisfied that the proposed boundary adjustment is considered to conform to the policies of the Growth Plan. County of Simcoe Official Plan The subject lands are designated `Greenlands' and `Rural' in accordance with Schedule 5.1 — Land Use Designations of Simcoe County's Official Plan, and the benefitting lands are designated `Rural', see 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). The purpose of this application is to reconfigure the lot lines to provide Vetta Spa with addition land to expend their business in the future. There will be no increase in the number of lots as a result of the boundary adjustment. Based on the above, Township Planning Staff are of the opinion that this application conforms 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', `Oro Moraine Core/Corridor Area' and `Oro Moraine Enhancement Area' in "Schedule A — Land Use" of the Township's Official Plan, see Schedule 5 to this report. The portion to be severed and merged with 3210 Line 3 North is designated `Rural' and `Oro Moraine Core/Corridor Area'. The objectives of the Rural designation are: Development Services July 7, 2022 Report No. DS2022-100 Page 4 of 14 Page 283 of 387 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re:... • 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 objectives of the Oro Moraine Natural Core/Corridor Area designation are to: • restrict development in the most sensitive area of the Oro Moraine; • encourage the retention and enhancement of the natural heritage features and functions in the natural core area; • maintain and where possible, improve and restore linkages between significant natural heritage features to facilitate the movement of plants and animals; and, • restrict development in the Oro Moraine — Natural Corridor Area that would have a negative impact on significant natural features and their ecological functions on lands within the Oro Moraine — Natural Core Area designation. All lands located within the Oro Moraine Natural Core/Corridor Area are considered to be Significant Woodlands. The Rural and the Oro Moraine Core/Corridor Area sections are silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan. In addition, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected" (p. 230). The subject lands are not being used for agricultural purposes. The property contains woodlands and fields with trails that are being used by S.M.A.R.T Adventure Programs. Therefore, Planning Staff are satisfied that the proposed boundary adjustment is generally in keeping with the intent of the Rural and Oro Moraine Core/Corridor Area policies stated in the Official Plan, and otherwise conform to the boundary adjustment policies contained in Section D.2.2.2 as no new building lot is proposed and the proposed boundary adjustment will not affect the viability of the current uses. Based on the above, Planning Staff are of the opinion that this application conforms to the Township of Oro-Medonte Official Plan. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in accordance with the Township's Zoning By-law 97-95, as amended, see Schedule 6 to this report. The areas zoned Environmental Protection serve as buffers around watercourses. The benefitting lands (3210 Line 3 North) are zoned Agricultural/Rural Exception 284 (A/RU*284). Exception 284 permits a nordic spa and corporate meeting facility/chalet subject to a number of zoning provisions. The lot Development Services July 7, 2022 Report No. DS2022-100 Page 5 of 14 Page 284 of 387 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re:... configurations that would result from this boundary adjustment, would comply with the lot frontage and lot area provisions of the Zoning By-law. The purpose of the boundary adjustment is to allow the owners of the benefitting lands, Vetta Spa Inc., to expand their existing business located at 3210 Line 3 North. Since the lands to be severed and merged are zoned Agricultural/Rural and Environmental Protection, Vetta Spa will be required to obtain a Zoning By-law Amendment to rezone the lands to the Agricultural/Rural Exception 284 Zone and they will require a Site Plan Application prior to expanding their existing spa onto the merged lands. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Application 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 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 July 7, 2022 Report No. DS2022-100 Page 6 of 14 Page 285 of 387 6.i) 7.20 p.m. DS2022-100, 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: • Enbridge — Does not object. It is the responsibility of the applicant to verify the existing gas servicing does not encroach on more than one property when subdividing or severing an existing land parcel. • Township Development Engineering — No objection. • Township Building Division — No comment. • Township Infrastructure and Capital Projects — No comments. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: County of Simcoe Official Plan — Land Use Schedule 5: Township Official Plan — Land Use Schedule 6: Township Official Plan — Natural Features Schedule 7: Existing Zoning Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2022-B-22 for the purposed boundary adjustment be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services June 29, 2022 Andria Leigh, Deputy CAO/Director Development Services June 30, 2022 Development Services July 7, 2022 Report No. DS2022-100 Page 7 of 14 Page 286 of 387 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re-... Schedule 1: Location Map II g�f! c u � ;b Horseshoe Valley Rd.W. L a 28DD , 3sau „a, 230e. a �i. ti Ic 'J MID ea 1 3D28 33D3 Location T,um,�,ta n� Subject Landsf; al + P—d Hrrifq �Lix WuX 1'rrf © 200 m I File Number:2922-13-22 Development Services July 7, 2022 Report No. DS2022-100 Page 8 of 14 Page 287 of 387 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re-... Schedule 2: Aerial Photo v r fY jat 1 . k•. i .s ap 1 Aerial Photo T,wn,Iu, Subject Lands ��e_i` f.£7�1��1��� r Nru d Hcrrfa x•�E-hing 1-'rrle 0 200 M File Number:2022-13-22 Development Services July 7, 2022 Report No. DS2022-100 Page 9 of 14 Page 288 of 387 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re-... Schedule 3: Proposed Boundary Adjustment ti �y ands to be retained 4346-010-002-03301) a h 1 Lands to be severed from Benefitting lands 4346-010-002-03301 and 3210 Line 3 North merged with Vetta Spa 3210 Line 3 North Boundary Adjustment —~ �ry Tuumshipnf' �/ P..d He it.ge,Exciting Fwt File Number:2022-B-22 Development Services July 7, 2022 Report No. DS2022-100 Page 10 of 14 Page 289 of 387 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re-... Schedule 4: County of Simcoe Official Plan — Land Use Vase m. MaonRMne Rd,. 4r h--Va1ie,-Rd. ,z2 Horseshoe Valley Old.e_ieRd� C - —Rid9e�Road Z z IN J r m 3 N n w m County of Simcoe — Land Use AL 'a Subject Lands settlements Greenlands Taumship of - Rural Proud Heritage,Exciting Future 0 400 m File Number:2022-B-22 Development Services July 7, 2022 Report No. DS2022-100 Page 11 of 14 Page 290 of 387 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re-... Schedule 5: Township Official Plan — Land Use —YaseyRd.— -M—swne Rd .e,noe•Yauey-Ra. z2 Horseshoe Valley Rd.W. - C. - t6i z N N C 1.i �r m� 3 N �n Al v Township Official Plan - Land Use CA Subject Lands s � S4 � Oro Moraine Boundary -Oro Moraine CorelCorridorArea Toumshipaf ©Oro Moraine Planning Area 0 Oro Moraine Enhancement Area F_ Rural ®Secondary Plan Area Proud Heritage,Exciting Future -Recreational 0 300 rn File Number:2022-B-22 Development Services July 7, 2022 Report No. DS2022-100 Page 12 of 14 Page 291 of 387 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re-... Schedule 6: Township Official Plan — Natural Features —YaseyRd.— -M°°nsM Rd�A., r.e,hce•Ya ey-Rd 2 Horseshoe Valley Rd.W. Ofd.earrjeRtl� �+Ridge�Re°d I_ — _ — _ _ _ — _ _ I p I F� N �C J r m 3 N n ¢1 N d Township Official Plan - Natural Features I:II Subject Lands ED Publicly Owned Lands Toumship of OOro Moraine Boundary -Oro Moraine Core Area ©Oro Moraine Planning Area Oro Moraine Enhancement Area Proud Heritage,Exciting Future o 300 m File Number:2022-B-22 N Development Services July 7, 2022 Report No. DS2022-100 Page 13 of 14 Page 292 of 387 6.i) 7.20 p.m. DS2022-100, Catherine McCarroll, Intermediate Planner re-... Schedule 7: Existing Zoning —vaseyRa.— FD*67 -Moonswne Rd ER EP 1 .ai RR*257 AIRU K a rsesnce•vaney-Ra. FD*67 ora.e_;e.Ra—� 'zz Horseshoe Valley Rd.W. "' !•'!/�_//J OS AIRU PR FU-67 �Riage fteaa AIRU EP A/RU AIRU-15 Wr y Fu-a7 E PR R2-123 4 OS A/RU(H 'Z N I�C J R2=123 EP E A/RUx284 AIRU A/RU(H) Existing Zoning —4 Tatunship of Subject Lands R2(Residential Two) Proud Heritage,Exciting Future 0 AIRU(Agricultural/Rural) FD(Future Development) or " (Environmental Protection) nn' 0I 300 M OS(Open SP—) •y File Number:2022-B-22 Development Services July 7, 2022 Report No. DS2022-100 Page 14 of 14 Page 293 of 387 Consent Application 2022-B-22 (Skyline Investment Inc.) Location: Line 3 North o Zoning: Agricultural/Rural (A/RU) & Environmental Protection (EP) - u° N — y N Official Plan: Rural, Oro Moraine is - U n Core/Corridor Area & Oro Moraine v eau � Enhancement Area �� �CD - =CD � Current Use: Vacant 0 v 3ooa O v — m =3 N (p 3 O � (p +' Q W T 9 1- ownship of `/ Pra d Hrriingr,E-iiing Ferliirr CD CD Consent Application 2022-B-22 (Skyline Investment Inc.) Purpose: The applicant is requesting consent to sever and merge lands for the o purpose of a boundary adjustment as noted below: 0 Lands to be Severed Lands to be retained Total Merged lands N from (4346-010-002-03301) (3210 Line 3 North) o 4346-010-002-03301 N and added to 3210 0 Line 3 North o Frontage: 240.0 m (787.4 ft.) Approx. 430.0 m Approximately 735.0 m n v (1,410.8 ft.) (2,411.4 ft.) =r CD Depth: Irregular Irregular Irregular %. Area: Approximately 19.4 ha Approximately 12.5 ha Approximately 29.8 ha m (47.9 ac.) (30.8 ac.) (73.69 ac.) Use: Vacant Vacant Vetta Spa n v 2- No new lots are proposed as a result of the boundary adjustment/lot addition. m =3 NCD 3 O (p CJ 00 Township of CL Pra d Hrriingr,E-iiing Ferliirr CD CD Consent Application 2022-B-22 (Skyline Investment Inc.) Aerial Photo: S o a-0 0 3 0 CD N O N N O O L n '-F CD CD 1 n^ l J w 10 � T 0 V �F N (p /��°`�'�`h'? M s(D Pr—d Heritage,Exciting Fufurr CD CD Consent Application 2022-13-22 (Skyline Investment Inc.) Applicant's Proposed o Boundary Adjustment: CD r; O N ! N O O Lands to be retained (4346-010-002-03301) v (D (D 0 0 v O_ cQ Lands to be severed from Benefitting lands — m 4346-010-002-03301 and 3210 Line 3 North coo merged with - Vetta Spa CDc 3210 Line 3 North , 3 (D s Q 00 0 Toumship Prai�r(HnilnRr,Esrrlinq Ferhirr CD CD Consent Application 2022-13-22 (Skyline Investment Inc.) Township Official Plan Land Use: -N•��w+• zz Horseshoe Valley Rd.W. a� _ 3 _ o �\ N O N O O i (D (D n Subject Lands v Oro Moraine Boundary Oro Moraine CorafCorrldorArea o QOro Moraine Planning Area 0 Oro Moraine Enhancement Area N Rural i Secondary Plan Area rCD 0 i Recreational 3 (D o �{ s Q 00 Pr—d Heritage,Ex W,,g Fufurr CD CD Consent Application 2022-B-22 (Skyline Investment Inc.) 0 CD O Application No.2022-8-22 N TOWNSHIP OF ORO-MEDONTE Af=CATtG FORCGNSENT LEGAL 0E5CPoVTDN'. D-N "ors l AND 2 NP 3 O LOCATpN. HE-DATE July M,2022 � YI 1 0 Notice sign posted 0 �• 00 (I; =� Arard Heritagr,Ex WRg Fnl CD CD Consent Application 2022-B-22 (Skyline Investment Inc.) ¢fi"41— F cn F N e t• tie p O v (D (D n v � � O cQ — Looking north west along Line 3 Looking south east along Line 3 North North 3 (D 00 Pr—d Hn doge,E-iiinq Feehnr CD CD Consent Application 2022-B-22 (Skyline Investment Inc.) N O `-" 0 O N ��+ N � O T CD v Lands to severed and merged W CD with 3210 Line 3 North 3 CD {� � s Q Pr—d Heritage,Exciting Fufurr CD CD Consent Application 2022-B-22 (Skyline Investment Inc.) N O 3 CD K O O O CD CD IIII M n Benefitting lands (Vetta Spa - 3210 Line 3 North) 3 CD CD o �{ems Q 00 Pr—d Heritage,Exciting Fufurr CD CD Consent Application 2022-B-22 (Skyline Investment Inc.) N O R. CD 2 O O NNW O Now= 0 74j (D CD v ' O v (D .D W Retained lands CD 00 �iYX�e,�ttPi Arard Heritage,Exciting Fw— CD CD Consent Application 2022-B-22 (Skyline Investment Inc.) Recommendation: Approve o It is recommended: P 0 1. That Report No. DS2022-100 be received and adopted. 07 N O 2. That Consent Application 2022-B-22 by Skyline Investments Inc.,to permit a boundary adjustment having a lot frontage of 240.0 N metres(787.4 feet),an irregular depth and an area of approximately 19.4 hectares(47.9 acres)to be added to the property located at 3210 Line 3 North, be approved subject to the conditions as outlined in Report DS2022-100. 0 O n 3. The conditions for Consent Application 2022-B-22 are as follows: a) That the severed lands with an area of approximately 19.4 hectares(47.9 acres) be merged in title with the abutting m property to the east, described as Concession 3 Part Lot 2 Reference Plan 51 R41444 Part 1 (Oro), municipally known as 3210 Line 3 North,and that the provisions of Sections 50(3)and 50(5)of the Planning Act apply to any subsequent m 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 n title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer v indicating that the necessary steps will be taken to: 1)implement the conveyance and merger; 2)consolidate the severed o v and benefitting parcels to one Property Identification Number; and 3)alter the benefitting parcel, if it was created pursuant cc to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. - w (p O CD o Cl, `° Cl) CL 1—hip of 53, Prair(HnilnRr,Esrrlinq Ferhirr CD CD Consent Application 2022-B-22 (Skyline Investment Inc.) Recommendation (cont'd): Approve o b) That, in order to alter the configuration of the benefitting parcel to address Section 50(12)of the Planning Act, R.S.O. P 1990, c. PA 3 to facilitate merger with the severed parcel, the owner convey a parcel of land dimensioned to the satisfaction of the Director, Operations and Community Services, that said parcel be deeded gratuitously to the Townshipco 0 for road purposes;that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise K) satisfactory to the Township; and that all costs associated with the dedication be born the Owner. Alternatively,the oN applicant can apply for the issuance of a Certificate of Cancellation. N c) That all municipal taxes be paid to the Township of Oro-Medonte. d) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to 0 the Committee Secretary-Treasurer which conforms substantially with the application as submitted. e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed,for review by the v Municipality. =r f) That the Certificate of Consent be issued utilizing Form 4, Section 53(42)of the Planning Act R.S.O. 1990,to merge the m. parcels. =3 (D g) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of Z-1 decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years n from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within v 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. v — CD � 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. CD U1 CD o Cl, `° Cl) CL 1—hip of 53, Prair(HnilnRr,Esrrlinq Ferhirr CD CD 6.j) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... Township of Report t.f Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-105 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # July 7, 2022 Consent Application 2022-B-23 by Diane Marcellus Roll #: 5005 Vasey Road R.M.S. File #: 4346-020-007-04400 D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-105 be received and adopted. 2. That the Development Services Committee approve Application 2022-B-23, being a request to issue a Validation Certificate under Section 57(1) of the Planning Act that restores the previously existing lot lines for PINs 58516-0051 (the "retained" lands) and 58516-0052 (the "severed" lands) as opposed to establishing new lot boundaries, on the basis that the application conforms to Section 57(6) of the Planning Act, subject to the conditions outlined in Report DS2022-105. 3. The conditions are as follows: a. That the severed and retained lands be precisely defined by the limits of PINs 58516-0051 and 58516-0052, effectively deeming that these parcels never merged with the effective of preventing conveyance of or creation of any interest in the severed lands. A solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to implement the conveyance and to re-establish the limits of Property Identifier Numbers 58516-0051 and 58516-0052; b. That the applicant provides a drawing, to the satisfaction of the Township Building Division, that indicates the following: i) the existing single family dwelling envelope, existing septic envelope, existing driveway location and existing well location on the retained lot; c. That the existing detached accessory building (shed) be removed or relocated to sit fully within the retained lands. d. That all municipal taxes be paid to the Township of Oro-Medonte; Development Services July 7, 2022 Report No. DS2022-105 Pagel of 21 Page 306 of 387 6 J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... e. That the conditions imposed by the Committee be fulfilled prior to the issuance by the Secretary-Treasurer of the Validation Certificate under Section 57(1) of the Planning Act. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Existing Conditions This consent application relates to 5005 Vasey Road (the "subject property") as illustrated on Schedule 1. An aerial view of this property and its limits is provided on Schedule 2 and the Applicant's sketch is provided as Schedule 3. The subject property has approximately 61 metres (200 feet) of frontage on Vasey Road and lot area of 0.311 hectares (3,110 m2). There is an existing single detached dwelling and rear yard detached shed located on the property. The Subject Property is part of Lot 24 on Concession 4 (Medonte) in the Township of Oro-Medonte and was established through merging of two parcels upon coming into common ownership (PINs 58516-0051 and 58516-0052) in 1989 when a joint tenant passed away and the lands automatically transferred to the surviving joint tenant, who also owned the abutting parcel. The applicant has provided letters dated March 31 , 2022 and April 19, 2022 from the law firm of Dooley Lucenti which identify Validation of Title as the mechanism through which to re-establish the original lots. The past practice of the Township has been to utilize Consent pursuant to Section 53 of the Planning Act to correct the inadvertent merger of lots (technical severance). However, Staff are prepared in this case to defer to the legal opinions supplied by applicant. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property and receiving lands: • Simcoe County Official Plan: Agricultural • Township of Oro-Medonte Official Plan: Agricultural • Zoning By-Law: Rural Residential Two Zone (RUR2) 3. Proposal This application for consent will sever approximately 1540 square metres from the subject property to create one new lot with frontage of approximately 30.7 metres. The retained lands will be approximately 1570 square metres in area with 30.3 metres of frontage and will include the existing single detached dwelling and detached accessory Development Services July 7, 2022 Report No. DS2022-105 Page 2 of 21 Page 307 of 387 6 J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... structure (shed) that are currently located on the subject property. The applicant has indicated that the detached structure will be relocated to sit fully within the retained lands. The effect of the Validation will be to re-establish the precise lot limits and dimensions that previously existed through PINs 58516-0051 and 58516-0052 prior to merging on title. The dimensions of the severed and retained lands are provided in the table below. PIN 58516-0052 PIN 58516-0051 Lands to be Severed Lands to be Retained Frontage 30.7 m 100' 8" 30.3 m 99' 4" Depth 51 .8 m (170 feet) 51.8 m (170 feet) Area 1,540 m2 0.38 acres 1 ,570 m2 0.39 acres Use Future residential Existing residential The lots will not satisfy the minimum lot frontage and lot area requirements of 45 metres and 0.4 hectares respectively for the RUR2 zone as set out in Table B1 of the Zoning By-Law. A dimensioned site plan has not been provided that illustrates the front, rear and side yard setbacks to the existing dwelling on the retained lands and the building footprint and setbacks proposed on the severed lands. The front, rear and west side yard setbacks for the existing dwelling on the retained lands will maintain existing conditions while the east side yard setback to the proposed property line has not been shown on a dimensioned site plan. However, the existing dwelling would appear, based on Planning Staff's review of aerial imagery, to potentially comply with setback requirements. The applicant has not submitted an application for minor variances for the proposed lot frontage, lot area or any other areas of zoning non-compliance that will result from the requested consent. However, the existing dwelling on the lands was constructed in 1968 according to MPAC records and therefore predates the inadvertent merger of the lands that occurred in 1989. Since the applicant is requesting the Development Services Committee to approve the issuance of a Validation Certificate under Section 57(1) of the Planning Act to effectively deem that the inadvertent merging of PINs that occurred upon coming into common ownership does not have the effect of preventing any conveyance or creation of any interest in these separate parcels, no new lots are being created and therefore Minor Variances are not required. The validation certificate would affirm the property limits of the lots as they existed prior to the PINs merging. The Township's Building Division has provided comments requesting that the applicant supply a plan to: • Indicate the existing single family dwelling envelope, existing septic envelope, existing driveway location and existing well location on the retained lot; and • Indicate the proposed single family dwelling envelope, proposed septic envelope, proposed driveway location and proposed well location on the severed lot. Development Services July 7, 2022 Report No. DS2022-105 Page 3 of 21 Page 308 of 387 6 J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... Since the application is for a Validation of Title for existing lots and no specific development proposal has been presented for the "severed" lot, it is Planning Staff's recommendation that the applicant only be required to prepare a plan for the lot containing the existing dwelling, to ensure that all relevant features are contained within the lot. Analysis: 1 . Section 57 of the Planning Act Section 57(1) authorizes the body with authority to grant consents to issue a certificate of validation for lands described in the certificate with the intent of "providing that the contravention of section 50 or a predecessor of it or of a by-law passed under a predecessor of section 50 or of an order made under clause 27 (1) (b), as it read on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor of it does not have and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in such land." Once properties have merged on title, even when they have separate PINs, the individual parcels cannot be conveyed separately. A validation certificate includes a description of the effect of the validation and a precise legal description of the lands subject to the conveyance. Once the certificate is issued, it will reverse the previous conveyance that resulted in merging of the parcels and will establish the lots that existed prior to merging. On this basis, the validation certificate restores previously existing lot lines as opposed to creating a new lot. Section 57(6) requires the following: "No certificate shall be issued under subsection (1) unless the land described in the certificate of validation conforms with the same criteria that apply to the granting of consents under section 53." In other words, the Committee shall have regard to the same criteria as a consent application, including Section 51(24). It is also important to note that the Committee is authorized to issue a validation certificate even if the parcels do not comply with the prevailing zoning by-law regulations. This includes regulations for lot frontage and lot area, as well as the legally existing dwelling. However, a new dwelling constructed on the severed lands would be required to comply with the Zoning By-law. Section 57(5) authorizes the Committee to impose such conditions on issuance of a validation certificate as it considers appropriate. Development Services July 7, 2022 Report No. DS2022-105 Page 4 of 21 Page 309 of 387 6 J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... 2. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. The PPS 2020 policies included in Table 1 are applicable to this application. The proposed Validation will re-establish the lot pattern that existed prior to merging of the two parcels that currently form the subject property and allow for construction of one new dwelling on these lands. It is my opinion that the proposed Validation of Title is consistent with PPS 2020 for the following reasons: • The proposal represents a lot pattern and configuration that previously existed in this area and is consistent with other lots on the north and south sides of Vasey Road and the general character of the area; • The proposal will make more efficient use of the subject property by maintaining the existing single detached dwelling on the retained lands and facilitating construction of a new dwelling on the severed lands that is consistent with the rural residential character of the area; • There will be no adverse impacts to the natural heritage or agricultural character of the subject property and surrounding area; and • The existing agricultural/rural character of the subject property and surrounding area will be protected and enhanced. Table 1 - Policy Analysis Matrix (PPS 2020) Policy Section Policy Details Part V:Policies 1.1.1 Healthy,liveable and safe communities are sustained by: 1.0 Building Strong Healthy Communities a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 1.1 Managing and Directing Land Use to b)accommodating an appropriate affordable and market-based range and mix Achieve Efficient and Resilient of residential types(including single-detached,additional residential units, Development and Land Use Patterns multi-unit housing,affordable housing and housing for older persons), employment(including industrial and commercial),institutional(including places of worship,cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; Development Services July 7, 2022 Report No. DS2022-105 Page 5 of 21 Page 310 of 387 6J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... 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; b) promoting regeneration, including the redevelopment of brownfield sites; c)accommodating an appropriate range and mix of housing in rural settlement areas; d)encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e) using rural infrastructure and public service facilities efficiently; f)promoting diversification of the economic base and employment opportunities through goods and services,including value-added products and the sustainable management or use of resources; g)providing opportunities for sustainable and diversified tourism,including leveraging historical,cultural,and natural assets; h)conserving biodiversity and considering the ecological benefits provided by nature;and i)providing opportunities for economic activities in prime agricultural areas,in accordance with policy 2.3.1.1.4.2 In rural areas,rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands,a planning authority shall apply the relevant policies of Section 1: Building Strong Healthy Communities, as well as the policies of Section 2:Wise Use and Management of Resources and Section 3:Protecting Public Health and Safety. 1.1.5.2 On rural lands located in municipalities,permitted uses are: a)the management or use of resources; b) resource-based recreational uses(including recreational dwellings); c)residential development, including lot creation,that is locally appropriate; d)agricultural uses,agriculture-related uses,on-farm diversified uses and normal farm practices,in accordance with provincial standards; e) home occupations and home industries; f)cemeteries;and g)other rural land uses. 1.1.5.3 Recreational,tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available,and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 2.0 Wise Use and Management of 2.1.1 Natural features and areas shall be protected for the long term. Resources 2.1.2 The diversity and connectivity of natural features in an area,and the long- 2.1 Natural Heritage term ecological function and biodiversity of natural heritage systems,should be maintained,restored or,where possible,improved,recognizing linkages between and among natural heritage features and areas,surface water features and ground water features. 2.1.3 Natural heritage systems shall be identified in Ecoregions 6E&7E1, recognizing that natural heritage systems will vary in size and form in settlement areas,rural areas,and prime agricultural areas. 2.3 Agriculture 2.3.4 Lot Creation and Lot Adjustments 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: Development Services July 7, 2022 Report No. DS2022-105 Page 6 of 21 Page 311 of 387 6J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... a)agricultural uses,provided that the lots are of a size appropriate for the type of agricultural use(s)common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b)agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c)a residence surplus to a farming operation as a result of farm consolidation, provided that: 1.the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services;and 2.the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance.The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province,or based on municipal approaches which achieve the same objective;and d) infrastructure,where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 2.3.4.2 Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. 2.3.4.3 The creation of new residential lots in prime agricultural areas shall not be permitted,except in accordance with policy 2.3.4.1(c) 3. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow— Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. The Growth Plan policies included in Table 2 are applicable to this application. It is my opinion that the proposed Validation conforms to the applicable Growth Plan policies for the following reasons: • The proposal will maintain an existing single detached dwelling while facilitating construction of one new dwelling on previously existing lot of record that is consistent with other residential lots in the area; • The proposed lot pattern will facilitate low density residential land use appropriate for the surrounding area and the RUR2 zoning on the subject property, • While the proposal will technically re-create one new lot, the retained and severed lands will precisely reflect the historical lots of record that inadvertently merged on title; and • The existing natural heritage features and natural and agricultural character of these lands will be maintained. Development Services July 7, 2022 Report No. DS2022-105 Page 7 of 21 Page 312 of 387 6J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... Table 2 - Policy Matrix (A Place to Grow — Growth Plan for the Greater Golden Horseshoe, 2020) Policy Section Policy Details Section 1.2.1 Guiding • Support the achievement of complete communities that are designed to Principles support healthy and active living and meet people's needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Support a range and mix of housing options,including additional residential units and affordable housing,to serve all sizes,incomes,and ages of households. • Protect and enhance natural heritage,hydrologic,and landform systems, features,and functions. • Support and enhance the long-term viability and productivity of agriculture by protecting prime agricultural areas and the agri-food network 4.2.6Agricultural System 2.Prime agricultural areas,including specialty crop areas,will be designated in accordance with mapping identified by the Province and these areas will be protected for long-term use for agriculture. 3.Where agricultural uses and non-agricultural uses interface outside of settlement areas,land use compatibility will be achieved by avoiding or where avoidance is not possible,minimizing and mitigating adverse impacts on the Agricultural System.Where mitigation is required,measures should be incorporated as part of the non-agricultural uses,as appropriate,within the area being developed.Where appropriate,this should be based on an agricultural impact assessment. 4.The geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network will be maintained and enhanced. 5.The retention of existing lots of record for agricultural uses is encouraged,and the use of these lots for non-agricultural uses is discouraged. 4. Simcoe County Official Plan The subject property is designated "Agricultural" under the Simcoe County Official Plan. On the basis of the review of the specific policies of the Simcoe County Official Plan provided in Table 3, it is my opinion that the Validation application maintains the purpose and intent the Official Plan as it relates to lot creation and residential uses in Agricultural areas. The proposal will protect and enhance the natural heritage features and agricultural character of the property and surrounding area by establishing the previously existing lot pattern and facilitating construction of a dwelling in an appropriate Rural Residential zone. The proposal will re-establish a residential lot of record that existed prior to an inadvertent merging of parcels. The resulting lot pattern will be consistent with other lots in the RUR2 zone in which the Subject Property is located and a new dwelling on the severed lands will be required to comply with the prevailing zoning regulations for setbacks, height and floor area. Development Services July 7, 2022 Report No. DS2022-105 Page 8 of 21 Page 313 of 387 6J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... Table 3 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan The goals of this Plan are: • To protect,conserve,and enhance the County's natural and cultural heritage; • To achieve wise management and use of the County's resources; • To implement growth management to achieve lifestyle quality and efficient and cost-effective municipal servicing,development and land use; • To achieve coordinated land use planning among the County's local municipalities and with neighbouring counties,districts,regions,and separated cities,and First Nations lands; • To further community economic development which promotes economic sustainability in Simcoe County communities,providing employment and business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management The planning strategy of this Plan is based on four themes: Strategy • Direction of a significant portion of growth and development to 3.1 Strategy 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. 3.6 Agricultural Objectives 3.6.1 To protect the resource of prime agricultural lands and prime agricultural areas,while recognizing the inter-relationship with natural heritage features and areas and ecological functions,by directing development that does not satisfy the Agricultural policies of this Plan to Settlements and the Strategic Settlement Employment Areas and Economic Employment Districts and directing limited uses that are more suitable to the Rural designation accordingly. 3.6.2 To enable the agricultural industry to function effectively in prime agricultural areas by minimizing conflicting and competing uses while accommodating uses and facilities which support the agricultural economy in accordance with the Planning Act and the Farm Practices Protection Act and its successors. 3.6.3 To ensure the availability and sustainability of prime agricultural areas for long-term use for agriculture and support a diversified agricultural economy. 3.6.4 To promote a sustainable local food system that enhances opportunities for food,agriculture and agriculture-related businesses and/or producers to deliver products locally. Policies 3.6.5 Prime agricultural areas are identified by the Agricultural designation on Schedule 5.1 and shall be protected for long-term use for agriculture.All types,sizes Development Services July 7, 2022 Report No. DS2022-105 Page 9 of 21 Page 314 of 387 6J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 3.6.6 Permitted uses within the Agricultural designation are agricultural uses, agriculture-related uses(PPS 2014),processing of agricultural products,on-farm diversified uses,natural heritage conservation and forestry,mineral aggregate operations subject to Section 4.4,and agricultural produce sales outlets generally marketing production from the local area. 3.6.7 In the Agricultural designation lot creation is discouraged and may only be permitted for: a)Agricultural uses,provided new lots for agricultural uses should not be less than 40 hectares or the original survey lot size,whichever is lesser,or 16 hectares in specialty crop areas. b)Agriculture-related uses(PPS 2014),provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services.Residential uses shall be prohibited on such lots,and they shall be zoned accordingly; c)a residence surplus to a farming operation as a result of farm consolidation, provided that: i.the new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services,and should be an approximate size of 1 hectare;and ii.new residential dwellings are prohibited on any remnant parcel of farmland created by the severance.To ensure that no new residential dwellings are permitted on the remnant parcel,municipalities may use approaches such as zoning to prohibit the development of a dwelling unit(s),and/or the municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies;or d) infrastructure,where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 3.6.8 Lots may be created for agriculture-related uses provided that the use must be in close proximity to the farm operation(s)and cannot be accommodated on the farm or existing lots of record or directed to the Rural or Settlement designations. The lot should be in a location that is separated from the primary farm operations by physical features or where it causes minimal disruption to farm operations.If possible,the lot should be located on lower quality soils.The lot size shall be kept to the minimum required to accommodate the use and appropriate on-site sewage and water services,and should generally not be larger than 1 hectare.Residential uses shall be prohibited on such lots,and they shall be zoned accordingly.The local municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies. 3.6.9 Prime agricultural areas are areas where prime agricultural lands predominate. Specialty crop areas shall be given the highest priority for protection,followed by Classes 1,2,and 3 soils,in order of priority. Development Services July 7, 2022 Report No. DS2022-105 Page 10 of 21 Page 315 of 387 6J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... 5. 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 4 outlines the applicable policies. It is my opinion that the proposal maintains the general purpose and intent of the Township Official Plan for the following reasons: • The Validation will protect and enhance the existing single detached dwelling character of the Subject Property and surrounding community and the overall agricultural character and function of the broader area; • The Validation will re-establish the boundaries of lots of record that existed prior to the inadvertent merging of title as opposed to creating new lots that are under- sized and out of character with the surrounding neighbourhood; and • The Validation will allow for more efficient use of a property that is currently located in a low density residential area and was previously recognized as a legal lot of record. Table 4 - 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. A2.5.2 Strategic Objectives a)To preserve and enhance the Oro Moraine as a unique and important landform feature of the Township. b)To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e)To discourage the intrusion of land uses that are incompatible with the rural character and/or resource activities of the area. SECTION 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 Development Services July 7, 2022 Report No. DS2022-105 Page 11 of 21 Page 316 of 387 6 J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... related tourism establishments,agriculturally-related commercial uses,commercial uses on farm properties and seasonal home grown produce stands.Wayside pits and portable asphalt plants are also permitted.All existing commercial and industrial uses are also permitted.The designation also permits existing tourist commercial uses such as private parks,trailer or recreational vehicle parks,mobile home parks, rental cabin establishments and private campgrounds and accessory recreational and commercial facilities and existing recreational uses such as golf courses.The development of new tourist commercial and recreational uses in the Agricultural designation is not contemplated by this Plan C1.3 DEVELOPMENT POLICIES In accordance with the intent of this Plan to protect land suitable for agriculture and to maintain the rural character of the Township,the creation of new lots in the C1.3.2 The Creation of New Lots for Agricultural designation for non-agricultural purposes is not permitted. Non-Agricultural Purposes Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is my opinion that the requested Validation is consistent with PPS 2020, conforms to the Growth Plan and has appropriate regard to the applicable matters of provincial interest. The recommended conditions of approval will facilitate orderly conveyance of the severed lands, continued use of the retained lands for a single detached dwelling and development of a new dwelling on the severed lands. Section 51(24) of the Planning Act sets out criteria for evaluating proposals for subdivision and Consent, to which regard must be had for Validation of Title. I have reviewed these criteria and it is my opinion that the proposed Validation satisfies these criteria since no new lot is being created and there will be no adverse impact to the character of the subject property and community, particularly the following criteria: a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (f) the dimensions and shapes of the proposed lots; (g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land. Financial / Legal Implications / Risk Management: A Validation of Title is not appealable and therefore there are no potential financial obligations from the outcome of Committee's decision. Development Services July 7, 2022 Report No. DS2022-105 Page 12 of 21 Page 317 of 387 6 J) 7.30 p.m. DS2022-105, 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 Corporate Strategic Plan 2021-2023. The following Goal of the Plan are relevant to these applications: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. I am of the opinion that these applications are consistent with the Corporate Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering: No objection to the application. • Township Operations: No comments on this application. • Township Building: o Indicate the existing single family dwelling envelope, existing septic envelope, existing driveway location and existing well location on the retained lot; and o Indicate the proposed single family dwelling envelope, proposed septic envelope, proposed driveway location and proposed well location on the severed lot. • Enbridge Gas: Enbridge Gas Inc. does not object to the proposed application however, reserves the right to amend its development conditions. It is the responsibility of the applicant to verify the existing gas servicing does not encroach on more than one property when subdividing or severing an existing land parcel. • Bell Canada: No comments or concerns with this application. Development Services July 7, 2022 Report No. DS2022-105 Page 13 of 21 Page 318 of 387 6.j) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Applicant's Sketch Schedule 4: Applicant's Legal Opinion Letters Schedule 5: Site Photos Conclusion: I recommend that Consent Application 2022-B-23 for Validation of Title be approved with the conditions outlined in this report. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services June 29, 2022 Andria Leigh, Deputy CAO/Director Development Services June 30, 2022 Development Services July 7, 2022 Report No. DS2022-105 Page 14 of 21 Page 319 of 387 6 J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... Schedule 1: Location Map —YeseyRd. -MoonstoncRd. ' Horseshoe-Valley Rd. UId Ragie•Rd, 1Ridyc-0.99d E Vasey Rd. 5005 4989 4981 4977 4975 4967 4949 6502 6501 6498 Z a m C .J 5481 6465 6461 Location ® Subject Lands 7uumsh' Proud Heritage,Exciting Future 0 100 m File Number.2022-B-23 Development Services July 7, 2022 Report No. DS2022-105 Page 15 of 21 Page 320 of 387 6 J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... Schedule 2: Aerial Photo .M—t...RRdd. H.—hce 11.yRd Uld.B-de Rd� R "t �RiEgp Vasey Rd. 5005 4989 4981 Retained Lot -euered Lot Aerial Photo �,.41 TnumsFtip nE��C��lIGLC� Q Subject Lands Proud Heritage,Exciting Future 0 100 M File Number_2022-B-23 N I I I I Development Services July 7, 2022 Report No. DS2022-105 Page 16 of 21 Page 321 of 387 6.j) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... Schedule 3: Applicant's Sketch Rebk"Lai Sovor*d Lot I 57Gm' t 540m' Development Services July 7, 2022 Report No. DS2022-105 Page 17 of 21 Page 322 of 387 6.j) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... Schedule 4: Applicant's Legal Opinion Letters DOOLEY".LUC;EN41` BARRISTERS & SOLICITORS March 31,2022 Angela Baldwin,Principal Baldwin Planning and Development Consultants 3 Barrie Terrace Barrie,ON L4M 1E8 C:416-578-3297 F:705-739-0071 angela.baldwin6c rogers.com Andy Karaiskakis,Senior Planner Township of Oro-Medonte 148 Line 7 South Oro-Medonte,ON LOL 2E0 P:705-487-2171 x 2104 F:705-487-0133 aKaraiskakis9oro-medonte.ca Re:Diane Christine Marcellus To Whnm it May Concern; At the request of Angela Baldwin,I have reviewed the title to PINS 58516-051, and 58516-051-0051 the particulars of which are attached. In my opinion,the titles to these two properties which were separate,have inadvertently merged. Accordingly,this is a clear example of where the two properties should once again be separated using the validation of title mechanism under the Planning Act. A--) - Gerald E.Norman,Counsel Dooley Lucenti LLP 10 Checkley Street Barrie,Ontario L4N 1W1 705-792-7963 Ext.114 Fax:705-792-7964 gnorman(&dllaw.ca 10 Checkley Street,Barrie,ON, L4N 1W1 I Tel:705.792-7963,Fax:705.792.7964 373 Main Street West,North Bay,ON P1B 2T9 -Consultation Office www.dooleylucenti.ca Development Services July 7, 2022 Report No. DS2022-105 Page 18 of 21 Page 323 of 387 6 J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... Robert W.Galloway B.ASc.,MESc.,J.D. Associate rgalloway@dllaw.ca DOOLEY LUCENT'I LIP BARRISTERS & SOLICITORS April 19,2022 Via Email:angela.baldwin@rogers.com Baldwin Planning and Development Consultants 3 Barrie Terrace Barrie,ON L4M 1E8 Dear: Ms. Baldwin: RE: BALDWIN,ANGELA RE OPINION LETTER OUR FILE No. 90449 We have been asked to provide an analysis of section 53(12),(13)and section 57(6)ofthe Planning Act in order to assist with a Consent Application to the Township of Oro- Medonte. Section 57(6): Provides for the correction of a previous contravention of the Planning Act. This has the effect of retroactively confirming the effect of a historic conveyance, despite it having contravened the Planning Act. It was recently amended to provide for a more expedited and cheaper avenue of correcting historic contraventions. It now has the effect of removing the obligation to comply with official plans and by-laws,and specifies that the criteria for obtaining a validation certificate is the same criteria that applies to granting consent—which gives regard to the municipality's official plan and zoning by-laws, but does not require strict compliance. The effect of the validation certificate may be to create a new parcel for Planning Act purposes or to create a valid document that relates to an already publicly recognized and existing separate parcel of land. The criteria for validation set out in Section 53(12) and(13): As an overview, Section 53 of the Planning Act permits a Committee of Adjustment to make decisions on applications for changes to land configuration in the form of Consents. Thus, in granting consent to an application to sever land, a Committee of Adjustment is bestowed with all the powers and limitations dictated by the Planning Act. 10 Checkley Street,Barrie,ON,L4N 1W1 I Tel:705.792.7963-Fax:705.792.7964 373 Main Street West,North Bay,ON P1B 2T9-Consultation Office www.dooleyl ucenti.ca Development Services July 7, 2022 Report No. DS2022-105 Page 19 of 21 Page 324 of 387 6.j) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... Robert W.Galloway B.ASc.,MESc.,J.D. Associate rgalloway@dilaw.ca D OOLEY LUCENTI m' 5A RR 15T E R 5 & 50 LI CITO R5 S. 53(12)grants the municipality, or, on appeal, the OMB, the authority to require the parties to enter into agreement that ensure the provision and maintenance of services and facilities,the dedication of highways and the registration of plans of subdivisions. It requires that evidence that the proposed consent applications comply with section 51(24). S. 53(13) provides that, if payment is necessary,the valuation of the land to be used for public recreational purposes is to be valued at the date the provisional consent was given. Should you require any further assistance, please do not hesitate to contact the undersigned. Yours very truly, DOOLEY LUCENTI LLP Barristers&Solic' ors K W. oway 10 Checkley Street,Barrie,ON,L4N 1 W 1 Tel:705.792.7963 Fax 705.792.7964 373 Main Street West,North Bay,ON P1B 2T9-Consultation Office www.dooleyl u centi.ca Development Services July 7, 2022 Report No. DS2022-105 Page 20 of 21 Page 325 of 387 6 J) 7.30 p.m. DS2022-105, Michael Barton, Township Planning Consultant ... Schedule 5: Site Photos limb-, Lands to be Severed Existing Dwelling on Lands to be Retained T _ Vasey Road Looking East Across Frontage of Subject Vasey Road Looking West Across Frontage of Subject Property Property !a t '—a�.r.... _..t.: {• :S� �sal ..,, t. I i Lands to be Severed(looking north towards Vasey Road) Dwelling and Rear Yard on Retained Lands(looking west from Lands to be Severed) Development Services July 7, 2022 Report No. DS2022-105 Page 21 of 21 Page 326 of 387 Consent Application 2022-B-23 (Marcellus) w Location: 5005 Vasey Road 3 Zoning: Rural Residential Two Vasey Rd. co Zone (RUR2) 4 N 6005 4989 981 4977 4975 4967 4949 N 1 0 Official Plan: Agricultural 65W 6498 6501 n Current Use: Residential J CD v 6481 0 0 � 646ri =3 v cQ 1411 � m �. w N � v r v W Pr-d Heritage,Ex W,,g Fufurr D l J 0 .-f Consent Application 2022-B-23 (Marcellus) w Purpose: Consent Application 2022-B-23 proposes a technical severance to 0 recreate two lots that have previously merged in title into a single lot. The details of the proposed consent (severance) are: o 0 N Lands to be Severed: Lands to be Retained: N Frontage: Approximately 30.7 m (150.0 ft.) Approx. 30.3 m (185.0 ft.) c0n Depth: Approximately 51.8 m (185.0 ft.) Approximately 51.8 m (250.0 ft.) Area: Approximately 1540 square metres Approximately 1570 square metres 0 (0.64 ac.) (1.06 ac.) m Use: Future Residential Use Continued Residential use o0 v 0 0 v m �. w N CO O ON � � W Township of � J CO /` 5. Pra d HrHll g,,E-iimg Ferliirr D l J 0 .-f Consent Application 2022-B-23 (Marcellus) Aerial Photo: Vasey Rd. CO O i N e N 5005 4989 4981 O Retained Lot e Severed Lot n v (D W v O O v � cD �. N � O 00 V1Y/G� Pr—d Heritage,Exciting Fufurr l J O .-f Consent Application 2022-B-23 (Marcellus) w Applicant's Sketch: 0 0 N O N N O C31 n R~.d Lot - S.r "La 1670.• 1540.' (D W v O O v � (D W Q W Tow�h;p of 4 lJ/ J Araard Hn�ilnRr,Ezrifing Ferliirr /-� l J O r-f .-f Consent Application 2022-B-23 (Marcellus) 0 yi CO i O <p N N O C31 n v (D W v O O v � cD �. Notice sign posted �., �v W Arard Hrritagr,Exciting Fufurr l J O .-f Consent Application 2022-B-23 (Marcellus) w 4 CD O f N w N y O Cn JIM _. CD r v co Road looking east across Vasey Road looking west across N frontage of subject property frontage of subject property v o �� =3 w /YJr/e%2!(�CCO/LtP/ =3 00 �. Arard Hrritagr,Exciting Fufurr /- l J O .-f Consent Application 2022-B-23 (Marcellus) w fi' p CD N O I - N N O cn �y CO 0 v N Existing dwelling on lands to be Dwelling & rear yard on retained lands co retained (looking west from lands to be severed v o =3 W Township of � J Arard Hrritagr,Exciting Fufurr /-� l J O .-f Consent Application 2022-B-23 (Marcellus) w F O 0 a CD s' N O — C31 CO v .w . . v Lands to be severed Lands to be severed (looking north towards w coVasey Road) y v CO 00 Township of J P,,,,,f HrHll g,,Ez iimg Feriiirr D l J O .-f Consent Application 2022-B-23 (Marcellus) w Recommendation: Approve 0 It is recommended: P 1. That Report No. DS2022-105 be received and adopted. p CO 2. That the Development Services Committee approve Application 2022-B-23,being a request to issue a Validation Certificate N O under Section 57(1)of the Planning Act that restores the previously existing lot lines for PINS 58516-0051 (the"retained"lands) IN) and 58516-0052(the"severed"lands)as opposed to establishing new lot boundaries,on the basis that the application conforms , to Section 57(6)of the Planning Act,subject to the conditions outlined in Report DS2022-105. O C31 3. The conditions are as follows: n a. That the severed and retained lands be precisely defined by the limits of PINS 58516-0051 and 58516-0052,effectively deeming that these parcels never merged with the effective of preventing conveyance of or creation of any interest in the — severed lands.A solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to implement the conveyance and to re-establish the limits of Property Identifier Numbers 58516-0051 and 58516-0052; O b. That the applicant provides a drawing,to the satisfaction of the Township Building Division,that indicates the following:i)the existing single family dwelling envelope,existing septic envelope,existing driveway location and existing well location on the O retained lot; 0 c. That the existing detached accessory building(shed)be removed or relocated to sit fully within the retained lands. d. That all municipal taxes be paid to the Township of Oro-Medonte; cc CD e. That the conditions imposed by the Committee be fulfilled prior to the issuance by the Secretary-Treasurer of the Validation �• ww Certificate under Section 57(1)of the Planning Act. cn 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. ;% oCOToumship of � Prair(HnilnRr,Esrrlinq Ferhirr /-� l J O r-f .-f Ta) DS2022-109, Derek Witlib, Manager, Planning Services re: Zoning By,. Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-109 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # July 7, 2022 Zoning By-law Amendment Application 2022-ZBA-07 Roll #: by Natalie Brunelle R.M.S. File #: 4346-040-001-21306 c/o Lise Brunelle D14 60487 Part 1, Plan 51R-43534 Part of Lot 40, Concession 1 (Vespra) Township of Oro-Medonte Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2022-109 be received and adopted; 2. That Zoning By-law Amendment Application 2022-ZBA-07 by Natalie Brunelle c/o Lise Brunelle, specifically to rezone to a Residential One Exception 338 (R1*338) Zone the severed lands identified in Consent Application 2021-B-32 for lands described as Part 1 , Plan 51 R-43534, Part of Lot 40, Concession 1 (Vespra), Township of Oro-Medonte, be approved. 3. That the Deputy Clerk bring forward the appropriate By-law for the Council's consideration; 4. And that the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. Background: The subject lands are located on the west side of Penetanguishene Road, south of Horseshoe Valley Road, in the Rural Settlement Ares of Craighurst. The subject lands have a lot area of approximately 13.5 hectares (33.4 acres) and two sections of frontage on Penetanguishene Road, measuring approximately 40.2 metres (132 feet) and 44.8 metres (147 feet). The lands contain an agricultural building and an accessory building. The majority of the land is under agricultural cultivation and there are small watercourses and wooded areas on the property. Surrounding land uses consist of residential uses to the north and east, agricultural uses to the south and the Canadian Pacific Railway to the west. Development Services July 7, 2022 Report No. DS2022-109 Page 1 of 12 Page 336 of 387 Ta) DS2022-109, Derek Witlib, Manager, Planning Services re. Zoning By,. Surrounding land uses consist of residential uses to the north and east, agricultural uses to the south and the Canadian Pacific Railway to the west. The lands to be rezoned also surround on three sides a parcel owned by the Township of Oro-Medonte that supports a historical display on the former site of the Craighurst Community Hall. A Location Map is included as schedule 1 and Aerial Photos are included as Schedules 2 and 3 to this report. On the September 1, 2021 the Development Services Committee approved Consent Application 2021-B-32 to sever a 0.41 ha (1.01 acre) lot for residential purposes in the Craighurst Rural Settlement Area. As a condition of Consent Approval, the applicant is required to rezone the severed parcel from an Agricultural/Rural Exception 15 (A/RU*15) Zone to a Residential One (R1) Zone. Zoning By-law Amendment 2022-ZBA-09, which is the subject of this report, was submitted in fulfillment of the Consent condition. Planning Staff have prepared a Zoning By-law Amendment that is included as Schedule 5. Analysis: Provincial Policies Provincial Policy Statement 2020 (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 1.1 .3 — Settlement Areas and Section 1 .6.6 Sewage, Water and Stormwater are applicable to this application. The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1.1 .3.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Furthermore, Section 1 .1.3.4 states: "appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form" (p. 9). Section 1 .6.6 Sewage, Water and Stormwater of the PPS contains policies that promote the efficient use and optimizes existing municipal services. Section 1 .6.6.5 of the PPS states that partial services (municipal water services and individual on-site sewage services) shall be permitted "within settlement areas, to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts" (p.19). Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement as the proposed residential lot is located within a rural settlement area (Craighurst) and is to be serviced by individual on-site sewage services, being the Development Services July 7, 2022 Report No. DS2022-109 Page 2 of 12 Page 337 of 387 Ta) DS2022-109, Derek Witlib, Manager, Planning Services re. Zoning By,. servicing method currently serving the majority of the Craighurst Settlement Area until such time as municipal piped services are provided. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The subject application has been reviewed by planning staff with respect to the Places to Grow policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification... [and] 1) directing development to settlement areas Since the proposed development is within a rural settlement area (Craighurst), it is supported by the Growth Plan. Therefore, Planning Staff's opinion that this application conforms to the Growth Plan. County of Simcoe Official Plan Pursuant to Schedule 5.1 of the County's Official Plan, Craighurst is identified as a "Settlement" in the Township, the boundaries of which Section 3.5.4 of the County's Official Plan states "are shown in local municipal official plans and are considered to be the approved settlement area boundaries of this Plan." Settlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. The wide range of land uses provides an opportunity for people to live, work, shop and find recreation in one compact community. It is the opinion of Development Services Staff that this application conforms to the County Official Plan. Township of Oro-Medonte Official Plan The proposed severed lot and a portion of the retained lands are located within the Rural Settlement Area of Craighurst. According to Schedule `F' (Craighurst Secondary Plan) to the Township of Oro-Medonte Official Plan, the severed lands are designated Living Area (which represents the lands in Craighurst that are intended for future residential development). The retained lands are designated Living Area, Rural and a portion corresponding with a watercourse, is designated Environmental Protection One. Refer to Schedule 4 for the Craighurst Secondary Plan land use designations. It is Planning Staff's opinion that this application, if approved, will assist in setting the stage for that portion of the retained lands within the Living Area designation to be developed in the future in accordance with Section C18.4.1 of the Craighurst Secondary Plan. Major development in Craighurst must rely on municipal water, sewer and stormwater management services (Section C18.8) and those services are not yet available. In order to ensure that development and servicing in Craighurst occurs in an orderly, well-planned manner, including the availability of municipal services, the Craighurst Secondary Plan contains phasing policies Development Services July 7, 2022 Report No. DS2022-109 Page 3 of 12 Page 338 of 387 Ta) DS2022-109, Derek Witlib, Manager, Planning Services re: Zoning By,. in Section C18.9. Specifically, Section C18.11(a)(iii) is directly relevant to these applications. Section C18.11(a) states: C18.11 Timing of Development a) No new lots shall be created in the Craighurst Community Secondary Plan area for any purpose, unless: i) The Development Phasing Plan for the entire Secondary Plan area has been approved by the Township; or ii) an area-specific phasing plan has been prepared for the lands on which the new lot(s) is proposed; or iii) the intent of the application is to consolidate parcels of land for development purposes or to create a new parcel to facilitate new development. In particular Section C18.11(a)(iii) above is applicable to this application. Notwithstanding that the application proposes to create a new residential lot, the severed parcel represents a portion of the overall lands that would be somewhat awkward to develop as part of a larger plan of subdivision, partly because of the location of the Township-owned parcel, which restricts the location options for a new future road and restricts lots along the future road. By severing the lands, the retained portion could be available for consolidation with other adjacent land to the north for future development, without limiting the overall development potential of the lands. For the reasons above, it is Planning Staff's opinion that this application conforms to the Official Plan. Zoning By-law 97-95 The majority of the subject lands are zoned Agricultural/Rural Exception 15 (A/RU*15) Zone. Portions of the retained lands are also zoned Environmental Protection (EP), which corresponds with watercourses on the severed lands. The Agricultural/Rural Exception 15 (A/RU*15) Zone currently only permits those uses that are existing on the lands. Exception 15 states: 7.15 *15 - Lands Adjacent to Settlement Areas Notwithstanding any other provision in this By-law, only uses that existed on the effective date of this By-law are permitted on those lands denoted by the symbol *15 on the schedules to this By-law." This zoning was put in place by the Township on lands within the Settlement Area as a control measure to ensure that no development or redevelopment occurs until all other relevant land use planning consideration have been addressed before a new zoning category is approved for the lands. In this case, the A/RU*15 Zone will ensure that the retained lands will not be developed until matters such as servicing, traffic, natural heritage and archaeological resources are addressed through the appropriate processes and planning applications, in accordance with the Craighurst Secondary Plan. The portion to be severed is proposed to be rezoned from A/RU*15 to R1 to permit the residential use of the lands. It is Planning Staff's opinion that R1 is the appropriate zoning Development Services July 7, 2022 Report No. DS2022-109 Page 4 of 12 Page 339 of 387 Ta) DS2022-109, Derek Witlib, Manager, Planning Services re. Zoning By,. category for the lands and that it will facilitate minor development that will not hinder or conflict with the future development of the balance of the lands that are in the Settlement Area. Since the lands to be rezoned front on County Road 93 (Penetanguishene Road), the County of Simcoe has requested the inclusion of a zoning provision that would identify the County's minimum required 15 metre setback for buildings and structures from all County Roads. The County's request has been incorporated as Exception 338 into the draft Zoning By-law Amendment that is included as Schedule 5. 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 2014 • Growth Plan for the Greater Golden Horseshoe, 2006 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments, and a public notice sign was posted on the subject lands. As of the preparation of this report, the following comments have been received: • County of Simcoe — The County does not oppose the zoning by-law amendment but is requesting the following zoning provision be added to this site-specific zoning by-law amendment: No permanent buildings or structures shall be located within 15 metres of the limit of the County Road 93 right-of-way, in accordance with County Road Setback By-law No. 5604. • Building Division — No comment. Development Services July 7, 2022 Report No. DS2022-109 Page 5 of 12 Page 340 of 387 Ta) DS2022-109, Derek Witlib, Manager, Planning Services re. Zoning By,. • Severn Sound Environmental Association — The portion of the lands to be rezoned are outside of the Wellhead Protection Area... and as such, no additional requirements from the Township of Oro-Medonte Risk Management Official are required. • Enbridge Gas — No objection. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Aerial Photo (Close-up of Lands to be Rezoned) Schedule 4: Craighurst Secondary Plan Schedule 5: Draft Zoning By-law Amendment Conclusion: Based on Planning Staff's analysis of this application it is Staff's recommendation that Zoning By-law Amendment Application 2022-ZBA-07 be approved on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Deputy CAO/Director Development Services June 29, 2022 Development Services July 7, 2022 Report No. DS2022-109 Page 6 of 12 Page 341 of 387 Ta) DS2022-109, Derek Witlib, Manager, Planning Services re. Zoning By,. Schedule 1: Location Map f - ow 1 tea` Horseshoe Valley Rd.W. ';; N �I Lands To Be +� Rezoned = N a Subject Lands - i Subject Lands Development Services July 7, 2022 Report No. DS2022-109 Page 7 of 12 Page 342 of 387 Ta) DS2022-109, Derek Witlib, Manager, Planning Services re. Zoning By,. Schedule 2: Aerial Photo Vffiey0.d 46 28 30 '�'�� 26 '�l"�� 48 ®■ � � P--row c�'e'etGir 50 3458 _■. Ho.ieelI,IvIail� a. ®> 33 35 37 41 43 52 3442 �. 71 69 �63P51� � f34351 8 � 3424 3431,� 66 3418 �--- 70 ��g3 2298 82 64 zy 2106 2210 $4 72 68 Y '3406 2 54 22E horseshoe valley Rtl.W. o PaAn _ �2093 3392� 3239 m 3386 3378 � 3370 ■ 2245 3362 3191 a� ► r m 3342 3145 ' 3324 - d 3127 :•�- 3300 - CAE $93 PAD 32 6 3015 3238 3035 3015 a 3196 a 5 3172 2 61 Aerial Photo ?f Towruhip of ® Subject Lands yledolme Proud Heritage,Exciting Future V 0 200 m File Number:2022-ZBA-07 Development Services July 7, 2022 Report No. DS2022-109 Page 8 of 12 Page 343 of 387 Ta) DS2022-109, Derek Witlib, Manager, Planning Services re. Zoning By,. Schedule 3: Aerial Photo (Close-up of Lands to be Rezoned) T I -Iwoonstane.RB. * 31$5 eo�ek6e�V.11 Rd. 3350 1 l i I l Old B ¢JR, �Ritl� AO d y I d 3346 N an .0 Be Rezoned - � r � c h � 3342 Aerial Photo --�� Township of Subject Lands Proud Heritage,Exciting Future 0 File Number:2022-ZBA-07 N Development Services July 7, 2022 Report No. DS2022-109 Page 9 of 12 Page 344 of 387 Ta) DS2022-109, Derek Witlib, Manager, Planning Services re. Zoning By,. Schedule 4: Craighurst Secondary Plan IL 1 Employment Area Eiving Area Community Use Area Environmental Protection One Development Services July 7, 2022 Report No. DS2022-109 Page 10 of 12 Page 345 of 387 Ta) DS2022-109, Derek Witlib, Manager, Planning Services re. Zoning By-... Schedule 5: Draft Zoning By-law The Corporation of the Township Of Oro-Medonte By-Law No. 2022-072 A By-law to amend the zoning provisions which apply to lands described as Part 1, Plan 51R-43534, Part of Lot 40, Concession 1 (Vespra) Township of Oro-Medonte 2022-ZBA-07 (Brunelle) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A14'to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands described as Part 1, Plan 51 R-43534, Part of Lot 40, Concession 1 (Vespra), Township of Oro-Medonte, from the Agricultural/Rural Exception 15 (A/RU*15 )Zone to a Residential One Exception 338 (R1*338)Zone, as shown on Schedule 'A' attached and forming part of this By-law. 2. Section 7.0—Exceptions of Zoning By-law 97-95, as amended, is hereby further amended by adding the following subsection: 7.338 *338 Part 1, Plan 51 R-43534, Part of Lot 40, Concession 1 (Vespra), Township of Oro-Medonte Notwithstanding Section 4.0, Table B1, no permanent buildings or structures shall be located or installed within 15 metres of the limit of the County Road 93 right-of-way." 2. Schedule"A" attached to By-law No. 2022-072 is declared to form a part of this By-law. 3. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-Law read a First,Second and Third Time, and Passed this 711h Day of July, 2022. The Corporation of The Township Of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk,Janette Teeter Development Services July 7, 2022 Report No. DS2022-109 Page 11 of 12 Page 346 of 387 Ta) DS2022-109, Derek Witlib, Manager, Planning Services re. Zoning By-... Schedule "A" To By-law No. 2022-072 The Corporation of the Township of Oro-Medonte 3362 3191 3356 3165 3350 3175 17717 33461 3145 3342 3324 Al ® Lands to be rezoned from Agricultural/Rural Exception 15(AIRU*15)Zone to Residential One Exception 338(R1*338)Zone This is Schedule"A"to By-law 2022-072 Passed the 7th day of July, 2022. Mayor, H.S. Hughes Clerk,Y.Aubichon (Application 2022-ZBA-07) Development Services July 7, 2022 Report No. DS2022-109 Page 12 of 12 Page 347 of 387 7.b) DS2022-101 , Andria Leigh, Deputy CAO/Director, Development Services... Township o}- Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-101 Development Services Andria Leigh, Deputy Committee CAO/ Director, Development Services Andy Karaiskakis, Senior Planner Meeting Date: Subject: Motion # July 7, 2022 Official Plan Review - Comment Summary and Next Roll #: Steps R.M.S. File #: D09-42003 Recommendation Requires Action For Information Only It is recommended that: 1. That Report DS2022-101 be received and adopted; 2. That the Draft Official Plan document be updated in accordance with the recommendations contained in Appendix A and B as well as other minor changes as deemed appropriate; and, 3. That staff proceed with the release of Draft 2 of the Official Plan to the public when completed, and proceed with the scheduling of the statutory Open House and Public Meeting in accordance with the requirements of the Planning Act. Background: The Township's Official Plan (OP) provides a policy framework for guiding the physical development and protecting the natural resources of the Township to the year 2031 in accordance with Provincial and County policy. The Planning Act requires the Township to review its OP to ensure that it is in compliant with all relevant legislation and policies. The Township's current OP was adopted in 1997 and is therefore required to be updated to reflect more recent legislation and policy updates. Draft 1 of the new Township of Oro-Medonte Official Plan (OP) was released for public comments on May 4, 2022 and a virtual Open House was held on May 18, 2022 at which time both written and verbal comments were received. This staff report is Development Services July 7, 2022 Report No. DS2022-101 Page 1 of 8 Page 348 of 387 Tpbbl DS2022-101 , Andrea Leicq Deputy CAO/Director, Development Services... intendedfo provide Council with a sumMary of"the main comments received up to the date of this report being written, to provide recommendations on proposed changes to Draft 1 of the OP, and provide an outline of the next steps in the OP Review process. The deadline for comments on Draft 1 of the OP was June 3, 2022. However, additional comments have been received since that time and are included in this Report up to June 10, 2022. Planning Staff have prepared two (2) Comment Summary Tables that are included as Appendix A and Appendix B to this Report. Appendix A details all written comments received by June 10, 2022, and Appendix B details all verbal comments made during the Open House Meeting. From reviewing and analyzing the comments that have been received in advance of or on Draft 1 of the OP, the following themes have been identified as follows: • Settlement Area/Rural Settlement Area boundary expansions; • Expanded Greenlands mapping and the impact on reducing historic development permissions; • Oro Moraine policy removal; • Provincial Natural Heritage and Agricultural Systems Mapping; • Secondary dwelling unit permissions; • Lack of commercial accommodation (short term rental) policies; • Flexible consent (severance) policies in all land use designations; and, • Strengthening of Mineral Aggregate Resources policies. Analysis: Comments Received Throughout the comment response period, the following agencies and organizations have provided comments on Draft 1 of the OP: 1) Severn Sound Environmental Association (SSEA); 2) Nottawasaga Valley Conservation Authority (NVCA); 3) Ministry of Transportation (MTO); 4) Infrastructure Ontario; 5) Simcoe County District School Board (SCDSB); 6) Horseshoe Valley Property Owners Association (HVPOA); 7) Good Neighbours Alliance; 8) Alderville First Nation; 9) Chippewas of Rama First Nation; and, 10)Rescue Lake Simcoe Charitable Foundation. Development Services July 7, 2022 Report No. DS2022-101 Page 2 of 8 Page 349 of 387 7.b) DS2022-101 Andria.Leigqh Depput CAO/DirP�,ct?Qr, DevelQ�ment Services... The agencies that have yet to provide comments/r sponse on Uraft '1 of the Ware as follows.. 1) First Nations (Metis Nation of Ontario, Huron-Wendat Nation, Hiawatha First Nation, Beausoleil First Nation, Chippewas of Georgina Island, Curve Lake First Nation, Mississaugas of Scugog Island First Nation); 2) Lake Simcoe Region Conservation Authority; 3) Simcoe Muskoka Catholic District School Board; and, 4) County of Simcoe Common Themes This section of the report will analyze the main themes that have been identified through the analysis of the comments received from various organizations and members of the public. Settlement Area/Rural Settlement Area Boundary Expansions A number of comments expressed interest in expanding Settlement Area/Rural Settlement Area boundaries. It was stated that there is very little vacant land that remains available for development within the Settlement Areas/Rural Settlement Areas in the Township. The Growth Plan and the County Official Plan require the vast majority of growth and development to be directed to Settlement Areas that have existing or planned municipal water and wastewater systems and can support the achievement of complete communities. Growth is required to be limited in Rural Settlement Areas that are not serviced by existing or planned municipal water and wastewater systems. The Growth Plan further dictates that the establishment of new settlement areas is prohibited and that upper- and single-tier municipalities will undertake integrated planning to manage forecasted growth to the horizon of the Growth Plan which will establish a hierarchy of settlement areas and of areas within settlement areas. The determination of need and location of identified growth is the jurisdiction of the County of Simcoe. The Township's Official Plan Review is proceeding forward working within the 2031 planning horizon for population and employment distribution identified in the County of Simcoe's Official Plan. Through the County's Municipal Comprehensive Review (MCR), the County will allocate the growth forecasts in Schedule 3 of the Growth Plan to lower-tier municipalities in accordance with the Growth Plan in a manner that implements the policies of the Growth Plan, such that a significant portion of population and employment growth is directed to lower-tier municipalities that contain primary settlement areas identified in the Growth Plan (Bradford West Gwillimbury, Collingwood, Innisfil, Midland, New Tecumseth and Penetanguishene). Development Services July 7, 2022 Report No. DS2022-101 Page 3 of 8 Page 350 of 387 7.1 DS?022-101 An�ria le% Deputy CAO/Director Developm nt Services... Table 1 o the ounty's O� indicates a opulat on ro�ection for Oro'Medonte of 2 ,00 based on the 2006 Growth Plan for the Simcoe Sub-Area. The County's MCR revised population forecast for Oro-Medonte projects a population of 26,230 to the year 2051 , although not yet finalized. Should the County through the completion of the MCR deem it appropriate to expand one or more of the Township's Settlement Areas of Rural Settlement Areas to accommodate future population projections, the OP has been structured so that consideration would be given to those areas that have existing or planned municipal water and wastewater systems. Due to recent changes to the Growth Plan, the Township's settlement areas cannot be considered for expansion until such time as the County completes the MCR process. On this basis, staff have not recommended any changes to Draft 1 of the OP that would expand settlement area boundaries at this time unless additional information comes forward through discussions with and comments from the County. Expanded Greenlands Mapping and the Impact on Reducing Historic Development Permissions Comments have been provided pertaining to the enhanced geographical extent of the Greenlands designation and the impact of historical development rights. The Greenlands designation has been developed based on policy requirements of the County of Simcoe Official Plan and the Growth Plan. The Growth Plan policies identify increased protection for natural heritage features and key natural heritage features (including wetlands, significant woodlands, significant valleylands, areas of natural and scientific interest). It is recommended that no additional changes or modifications be made to Draft 1 of the OP. The current approach implements the County Official Plan, Provincial Policy Statement (PPS) and the Growth Plan and provides for more protection than the current OP. Oro Moraine Policy Removal Comments provided on Draft 1 of the OP outlined concerns with the removal of the Oro Moraine from the current OP and mapping. Since the current OP came into effect, there have been numerous policy initiatives that have resulted in the strengthening of the environmental policies in the Township. These initiatives include the 2005 Provincial Policy Statement (PPS), 2006 Provincial Growth Plan (Growth Plan), 2008 Lake Simcoe Protection Act, 2014 PPS, 2017 Growth Plan, 2019 Growth Plan, 2020 Amendment 1 to the Growth Plan, 2020 PPS and the County of Simcoe Official Plan (finalized in 2016 by the Ontario Municipal Board). These documents have all increased the policy protection for significant natural heritage features such as provincially significant wetlands, significant woodlands, endangered and threatened species, significant valleylands and other natural heritage features. Development Services July 7, 2022 Report No. DS2022-101 Page 4 of 8 Page 351 of 387 7.b) DS2022-101 , Andria Leigh, Deputy CAO/Director, Development Services... The policies contained in these documents are implemented through Draft 1 of the OP, which brings a higher level of environmental protection to the policy regime than would exist under the current OP. From a mapping perspective, there has been a significant increase in the amount of protected lands over what is protected under the current OP. In addition to the strengthened environmental policies, there is also less opportunity for development to occur in the rural areas of the Township as a result of the growth management concepts that are applied. Growth is focused to Settlement Areas, with limited growth being permitted in Rural Settlement Areas and Rural Areas. In summary, the updated terminology, combined with the new policy effectively and appropriately protects the Oro Moraine and the environment and provides more protection than the current OP. There are no changes recommended to the next draft of the OP as it relates to Oro Moraine policies. However, Staff are of the opinion that there is merit to identify the Oro Moraine boundary on a schedule as a significant Iandform feature in the Township and are recommending that a schedule/appendix to the Draft OP show the boundaries of the Oro Moraine. Provincial Natural Heritage and Agricultural Systems Mapping In support of the policies of the Growth Plan, the Province has mapped a Natural Heritage System (NHS) and Agricultural System as a long-term approach to planning for the protection of the Greater Golden Horseshoe's natural heritage, biodiversity, prime agricultural areas, specialty crop areas and rural lands. This mapping is not applicable until such time that the upper tier municipality has identified the NHS and Agricultural System in their Official Plans. There are some significant mapping errors/issues with the Provincial mapping. These issues were expressed by the Township and many other lower-tier municipalities, in addition to the County, during the public comment period through the Provincial Environmental Bill of Rights (EBR) posting. There is an opportunity to refine the Growth Plan NHS and Agricultural System at the time of implementation. The refinement of the Provincially mapped Growth Plan NHS and Agricultural System is part of Simcoe County's MCR process. Until the completion of the County's MCR, the current mapping showing the natural heritage system and agricultural areas in the County Official Plan continues to apply and have been reflected in the draft OP. Additional amendments to the Township Official Plan will be required following the County's update to their Official Plan to ensure conformity. Development Services July 7, 2022 Report No. DS2022-101 Page 5 of 8 Page 352 of 387 7.b) DS2022-101 , Andria Leigh, Deputy CAO/Director, Development Services... Secondary Dwelling Unit Permissions Secondary Dwelling Units are often known as accessory or basement apartments, secondary suites and garden suites (temporary units). Secondary Dwelling Units are self-contained residential units with kitchen and bathroom facilities within dwellings or within structures accessory to dwellings (such as a detached garage). The Planning Act has recently been amended to facilitate the creation of Secondary Dwelling Units by requiring municipalities to establish Official Plan policies and Zoning By-law provisions to allow Secondary Dwelling Units in detached, semi-detached and row houses, as well as in accessory structures. Secondary Dwelling Units provide an affordable housing alternative in many instances by providing more housing options for individuals including elderly parents or other family. The approach of the Draft OP is to permit Secondary Dwelling Units in various designations within the Township. Lack of Commercial Accommodation (Short Term Rental) Policies Commercial Accommodation (Short Term Rental/STRs) is an emerging issue for many municipalities in Ontario. As a result of concerns that have been raised by the community since 2017 in relation to STR's including conflict with existing residential uses, noise, safety, parking, environmental, zoning, taxation, and enforcement etc., the Township of Oro-Medonte underwent a review on short term rental accommodations in the Township, and conducted extensive research into the matter in other jurisdictions, in addition to obtaining legal input and case law. On July 15, 2020 Council adopted By-law 2020-073 which provides clarity with respect to the existing prohibition on commercial accommodations in dwelling units in the Township and adds a definition for Commercial Accommodation. By-law 2020-073 was appealed to the Ontario Land Tribunal (OLT) and a hearing was held from March 22, 2022 to March 29, 2022. At the conclusion of the hearing, the Chair issued an Oral Decision, and By-law 2020-073 was repealed as a result of the decision, and is no longer in effect. The Township's legal counsel has filed a Notice of Motion to Appeal the decision (pending receipt and review of the written OLT decision). To date, the written OLT decision has not been received by the Township. The comments received from various members of the public in writing highlighted the need for commercial accommodations to be expressively prohibited in the Draft OP. Development Services July 7, 2022 Report No. DS2022-101 Page 6 of 8 Page 353 of 387 7.b) DS2022-101 , Andria Leigh, Deputy CAO/Director, Development Services... The approach of the Draft OP is to not include commercial accommodation (STRs) in any residential land use designation in the Township except in the Horseshoe Valley Village designation and the Mt. St. Louis/Moonstone Recreational District. It is recognized that Bed and Breakfast Establishments are also considered a form of STR and are subject to separate policies in the Official Plan that establish criteria to be permitted as of right in some land use designations while continuing to require a zoning by-law amendment in the Shoreline designation. It is recommended the Short Term Rental Accommodation section be revised to include additional policies regarding STRs including the use of buildings for STR accommodation and where they will be considered. Flexible Consent (Severance) Policies in all Land Use Designations The OP is a policy document that establishes goals, objectives and policies that guide land use decision making in the Township. The OP must be consistent with the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe and the County of Simcoe Official Plan. The Draft OP outlines land use designations and policies, and maps out a land use structure across the Township. Provincial policies provide for the identification and protection of natural heritage features and areas, as well as for prime agricultural areas, including specialty crop areas, and rural lands. Provincial policies protect these valuable resources from development and incompatible land uses. In recognizing that the Township is predominately comprised of prime agricultural lands and natural heritage features and areas, the Draft OP has been flexible for lot creation in other land use designations, such as in the Rural designation. Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement 2020 Growth Plan 2020 County and Township Official Plans Corporate Strategic Goals: Prepare for Our Future Foster Safe and Inclusive Community Living & Business Growth Consultations: Manager, Planning Services Development Services July 7, 2022 Report No. DS2022-101 Page 7 of 8 Page 354 of 387 7.b) DS2022-101 , Andria Leigh, Deputy CAO/Director, Development Services... Attachments: Appendix A: Comment Summary Table for Draft 1 of the Official Plan Appendix B: Comment Summary Table for Open House - Draft 1 of the Official Plan Comments Conclusion: Various themes have emerged based on the comments provided on Draft 1 of the OP which have been summarized in this Staff Report. A complete summary of the comments that have been submitted are contained within Appendix A and Appendix B. While the objectives and goals of the OP remain strongly intact and valid, new key policies and approaches have been implemented to ensure consistency with the Provincial Policy Statement 2020, Provincial Growth Plan 2020 and the County of Simcoe Official Plan. Moving forward, Township Planning Staff will receive Council direction on the recommendations outlined in this Staff Report and determine a course of action and possible changes to Draft 1 of the OP prior to the release of the Draft 2 and schedule the statutory Open House and Public Meeting in accordance with the requirements of the Planning Act. Respectfully submitted: Andy Karaiskakis, Senior Planner Approvals: Date Andria Leigh, Deputy CAO/ Director, Development Services June 30, 2022 Development Services July 7, 2022 Report No. DS2022-101 Page 8 of 8 Page 355 of 387 TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,s_li,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 1 Holly Spacek Recommend that schools/day care be included as permitted uses.At the very least existing schools should be permitted to Addressed in Draft 1 Simcoe County District School add land to the site without having to do an OPA. Schools/daycares are to be permitted in every land use Board designation-Section 4.6 Draft OP. -through website 2018/05/22 2 Lauren Griffin Would like to get a copy of the Schedule A:Official Plan Land Use to see what the planned building around home is. Addressed in Draft 1 No address given The Draft OP includes maps on how the OP is implemented. -through website 2018/05/28 3 Karen Stainton Expressed concerns of high water bills and that rates have increased dramatically in the past 3 years. No change recommended to Draft 2 12 Tanglewood Cres. Water bills and other utility user fees are not in the scope of this -Open House comment sheet OP. 2018/06/20 4 John Armstrong OP should have strong focus on built form and urban design guidelines&inclusion of building materials of a high quality that Addressed in Draft 1 No address given are durable,low-maintenance,and enduring.Many communities are now including materials such as brick&stone preferred The Draft OP includes new general urban design guidelines in ra, -Open House comment sheet as primary materials with others as accents. Settlement Areas-Section 2.1.6 Draft OP 2018/06/20 N 5 Harmanthy Simplifying severance requirements and employing a reasonable standard to severance requests.Consideration should be Addressed in Draft 1 0 No address given given to updating in-filling policies with a view to expanding areas which are already growing in a controlled and healthy The Draft OP includes updated severance policies including .71 -Website forum post fashion. infilling policies in appropriate land use designations. D 2018/06/20 Q 6 Don Atkinson There is over regulation in the Township,it's getting worse and it's only accomplishing the effect of driving the cost of housing No change recommended to Draft 2 m No address given up and out of reach of many and accomplishing little else.Since the Township has the flexibility to keep the official plan light This OP Review implements the mandatory policy directions r- m -through website and not burdensome or cumbersome,note that last freedom and uphold freedoms and property rights.Do not place more from the Province and Simcoe County. �' 2018/06/25 unnecessary red tape and restrictions into an already overwhelmed planning process. ? 7 Mr.A 3 issues to be addressed in the upcoming review: Addressed in Draft 1 0 No address given 1.Greenbelt for Shanty Bay, 1)Natural heritage policies have been developed in accordance -0 -through website 2.Increased Beach Access Shanty Bay and Areas with environmental and natural resource policies of the 2018/07/27 3.Township Aquatic Centre Development Provincial Policy Statement and the Growth Plan,including 0 protection of wetlands-Sections 2.13,3.1 and 3.2. y 2)public access and parking at various beach and dock Q locations is not within the scope of this OP.The Parks& p Recreation Master Plan will determine how to best meet the �' community needs for parks,recreation and related activities. n 3)The provision of an indoor aquatics centre would be o m dependent on the economic and demographic-based feasibility w of designing,building,financing,and operating the facility-the policy framework developed could support this use as a m ° permitted use.The policy and zoning framework will consider the Township's Strategic Facilities Plan as well as good planning principles for parks and recreation services and facilities. m 2 o' updated June 29,2022 Page 1 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 8 Claire Malcolmson,Rescue Lake The County MCR implementation of the province's NHS layer is problematic. No change recommended to Draft 2 Simcoe Charitable Foundation Would like Oro-Medonte to facilitate adding a property"near Lakeshore E and Orillia St.,W of Line 7 known as Plan 589 The draft Official Plan has been developed to conform to the 2022/06/03 (Barrillia Park)"to the provincial NHS layer by providing justification to the County. County of Simcoe's Official Plan.These lands are designated Greenlands in the County's OP and is reflected as such in the draft OP Land Use Schedule'A'.The Province has mapped the Natural Heritage System but the mapping is not applicable until such time that the County has identified the natural heritage system in their Official Plan.The applicant is encouraged to review and comment on the proposed refinements to the Natural Heritage System being undertaken by the County of Simcoe as it relates to the subject lands. 9 Tomas Glancy,MHBC Walker Aggregates Inc.has 3 mineral aggregate operations in Oro-Medonte.They would like: No change recommended to Draft 2 representing Walker Aggregates 1)It is recommended that the request for exemption to the 2- Q Inc. (1)to be exempt from the 2-year period which restricts applications for amendments to new OPs and Zoning By-laws. year period for applications for amendments to new Ops and 2022/06/03 - Basis:the ability to continue to submit and process applications for new or expanded mineral aggregate operations are Zoning By-law's not be supported. important to support infrastructure and growth plans in the Township,County,and Province. No - Add this policy:In accordance with Sections 22(2.1)and 34(10.0.0.1)of the Planning Act,a request to amend this Plan Change recommended to Draft 2 N and/or a Local Official Plan and/or a Zoning By-law to establish a new or expanded mineral aggregate operation is 2)It is recommended that the request for policy changes to be N allowed before the second anniversary of the first day that these Plans came into effect. more in line with the PPS be supported.It is also recommended o (2)Would like the few inconsistencies between the Township OP and Provincial policies to be changed. that a new Appendix to the Draft OP be prepared to show the location of Primary Aggregate Resources and Secondary y Aggregate Resources. Q 10 Virginia Gingras Their 43-acre property is designated Greenlands in the Draft OP.Would like"glamping in forms of tents"on their property and No change recommended to Draft 2 m 3626 Line 5 North request the Greenlands designation to permit the commercial glamping. The draft Official Plan has been developed to conform to the r- 2022/05/10 Provincial policies and the County of Simcoe's Official Plan. These lands are designated Greenlands in the County's OP s and is reflected as such in the draft OP Land Use Schedule W. Section 2.13 Greenlands of the draft OP contains land use m policies to protect,conserve and enhance natural heritage 'o features,areas and functions.The Township,County and Province encourage the protection and enhancement of natural 0 heritage features and areas. y 11 Sarah Thompson Would like to sever 2 1-acre parcels of their 82-acre property,4244 Line 8 N,despite being slightly under the allowable No change recommended to Draft 2 0 4244 Line 8 North acreage(89 acres). The draft Official Plan has been developed to conform to the 0 2022/04/18 Basis: County of Simcoe's Official Plan.These lands are designated m - Severed property would be for children of current owners. Agricultural,Rural and Greenlands in the County's OP and is o - The severe housing shortage is making home ownership for first time buyers is nearly impossible province wide. reflected as such in the draft OP Land Use Schedule'A'. w Severances of residential lots is not permitted on lands p designated Agricultural or Greenlands-Section 2.5.5& < 0 2.13.13.The Draft OP includes updated severance policies m w including infilling policies in appropriate land use designations, 0 specifically in the Rural designation-Section 2.6. m Cn m 2 o' updated June 29,2022 Page 2 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,s_li,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 12 Bryn Pressnail Will the official plan continue to reinforce the mayor's statements that STRs are not permitted in residential zones? Change recommended to Draft 2:it is recommended that the 5 Bay Street Will there be a clear statement that STRs are permitted in the V1 zone but not in any of the residential zones? Short Tenn Rental Accommodation section be revised to 2022/05/16 include additional policies regarding STRs including the use of buildings for STIR accommodation and where they will be considered. 13 Dennis Hickling In order for some farmers to continue to work their land,it would be advantageous to be able sever off building lots for the No change recommended to Draft 2 700 Line 1 South children of farmers. The draft Official Plan has been developed to conform to the 2022/05/17 Basis: Provincial policies and the County of Simcoe's Official Plan. - Having a younger generation for support would assist older farmers thereby allowing them to stay on their active farms These lands are designated Greenlands and Agricultural in the and reduce the risk of speculator developers from purchasing the farmland. County's OP and is reflected as such in the draft OP Land Use Often these speculators let the farmland sit inactive,as experienced on Line One South currently. Schedule'A'.Severances of residential lots is not permitted on - It would aid in the current housing shortage,allowing limited younger folks to enter the very expensive housing market, lands designated Agricultural or Greenlands-Section 2.5.5& and increase tax revenue without the need for adding many additional services. 2.13.13. Q - We currently have 50 acres of land that could easily accommodate one ortwo single acre lots without encroaching The applicant is encouraged to review and comment on the very much on the farmland. proposed refinements to the Natural Heritage System being To ensure this was not being done for profit,a stipulation could be added that states lots must remain in the immediate family undertaken by the County of Simcoe as it relates to the subject N o for a certain time(i.e.2-5 years).The option of building a second house on the existing property without severing a lot is not a lands. 0 solution for our situation.Unfortunately,we aren't getting any younger and without some support on our small farm,we will not Secondary dwelling units may be permitted accessory to single N be able to continue to farm.Thank you for the opportunity to comment on the Official Plan. detached dwellings in Agricultural and Greenlands o designations.Secondary dwelling units shall be located in the building cluster and shall be subject to Section 4.9 of the Draft y OP. rz 14 Jamie Robinson Would like a small area of land on the southern limits of the property that is identified as Natural Heritage System be removed Addressed in Draft 1 m MHBC,representing family from property and included in the settlement area boundary. The Moonstone Settlement Area boundary located on the r- property 4346-020-005-07600 pmpertywith Roll Number 4346-020-005-07600 is considered �. 2022/01/28 to be located along the southerly lot line.The Township's draft s a \ Official Plan Land Use Schedule'A'reflects this. d q 0 15 Ron&Linda Beleskey Would like to have their 10 acre property,4824 Line 5 North to be rezoned from AG to RU so they can apply for a lot No change recommended to Draft 2 m 4824 Line 5 North severance. The draft Official Plan has been developed to conform to the p 2016/09/20 County of Simcoe's Official Plan.These lands are designated N Agricultural in the County's OP and is reflected as such in the ID w draft OP Land Use Schedule'A'.Severances of residential lots < o is not permitted on lands designated Agricultural-Section 2.5.5 w o m fn m 2 o' updated June 29,2022 Page 3 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,Esriting Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 16 Stuart&Joline McLean Would like all or a portion of their property,1256 Old Barrie Rd W,considered for designation within hamlet of Edgar. No change recommended to Draft 2 1256 Old Barrie Rd W The draft Official Plan has been developed to conform to the 2016/10/25 County of Simcoe's Official Plan.These lands are designated Agricultural and Greenlands in the County's OF and is reflected as such in the draft OF Land Use Schedule'A'.In accordance with Provincial policies,minor adjustments may be made to the boundaries of Rural Settlements if the change would constitute minor rounding out of existing development in keeping with the rural character of the area—Section 1.11.Further discussions with the owner on this matter is recommended. 17 Tom Bachly Would like their property,85 Old County Rd,Moonstone,changed to Rural Settlement Area. No change recommended to Draft 2 85 Old County Rd The draft Official Plan has been developed to conform to the 2016/11/3 County of Simcoe's Official Plan.These lands are designated Q Rural and Greenlands in the County's OF and is reflected as such in the draft OF Land Use Schedule W.In accordance with Provincial policies,minor adjustments may be made to the o boundaries of Rural Settlements if the change would constitute N minor rounding out of existing development in keeping with the N rural character of the area—Section 1.11.The inclusion of o these lands into the Rural Settlement Area does not constitute a minor rounding out.Request forthe settlement boundary y expansion should be submitted to the County for consideration Q through their MCR. iv 18 Joanne Waddell Would like to"submit my interest in the Oro Township property assessment project".Wants to divide property into 2 equal lots No change recommended to Draft 2 4346 020 010 15300 for 2 homes for current 2 owners. The draft Official Plan has been developed to conform to the 2016/11/27 County of Simcoe's Official Plan.These lands are designated s Agricultural and Greenlands in the County's OF and is reflected as such in the draft OF Land Use Schedule'A'.Severances of residential lots is not permitted on lands designated Agricultural 'o &Greenlands—Sections 2.5.5&2.13.13. 19 AI Fitkin Would like to severe 1 acre from the 2.07-acre property and would like the Township to consider the possibility of estate lot No change recommended to Draft 2 D 11 Old Scotia Place splitting. Simcoe County's Official Plan contains policies that discourage 0 2016/12/05 development,including lot creation,within one kilometre of a 0 primary settlement area.This property is within one kilometre of _ the City of Orillia and therefore development of these lands is m not permitted.The draft Official Plan contains this policy- o m Section 2.6.11. m 0 w 20 Jeff Sharp Would like this property to be severed. No change recommended to Draft 2 m 3516 Town Line The draft Official Plan has been developed to conform to the m ° 2017/01/27 County of Simcoe's Official Plan.These lands are designated o Agricultural in the County's OF and is reflected as such in the 'o draft OF Land Use Schedule'A'.Severances of residential lots m is not permitted on lands designated Agricultural—Section 3 2.5.5. (f) m 2 o' updated June 29,2022 Page 4 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 21 Clarence(Clare)Riepma, Would like the property to be included within the settlement area in the new OP.The north side ofthe road is within the No change recommended to Draft 2 Riepma Consultants Inc. settlement area.As well,these lands are historically part of Rugby.A number of commercial businesses serving the area The draft Official Plan has been developed to conform to the 1211 Line 12 North have been located on this part of the farm. County of Simcoe's Official Plan.These lands are designated 2017/02/13 Agricultural and Greenlands in the County's OP and is reflected as such in the draft OP Land Use Schedule'A'.Severances of residential lots is not permitted on lands designated Agncultural - `- ,o _ or Greenlands-Section 2.5.5&2.13.13.The applicant is ---- encouraged to review and comment on the proposed refinements to the Natural Heritage System and Agricultural System being undertaken by the County of Simcoe as it relates to the subject lands. - kM p D Q 22 Sarah Huter Would like to discuss how the OP update'may affect our future plans at the ski resort",as well as consult over which types of Addressed in Draft 1 in 24 Mount St.Louis Rd.,Coldwater zoning'would best suit our expansion and 20 year plan for the ski resort". The Mt.St.Louis Recreational District has been identified in the 2021/05/04 County's Official Plan and the draft Official Plan has been developed to conform to the County's OP.This District is s envisioned to be development as a multi-use recreation 0 destination that provides for significant seasonal and permanent m residential development-Section 2.16. 23 HVPOA Would like to identify short term actions to guide orderly new development in settlement areas,such as Site Plan Control, Addressed in Draft 1 Horseshoe Valley Settlement Area Holding Provisions in new development areas in settlement areas,securities for non-compliance,municipal tree cutting by- The Draft OP includes general policies to ensure that all new D March 24,2017 law,development staging,protecting green space areas and increased building setbacks near woodlots. development in Settlement Areas is compatible with adjacent 0 development-Section 2.1.3.These include,but not limited to, 0 ensuring that development is subject to the applicable natural - heritage,source water protection,sewage,water and CD m stormwater management policies,subdivision/severance p agreements to be used to ensure compliance with conditions of approval,retention of natural vegetation where appropriate and 0 o feasible when reviewing any development application and that m o development adjacent to existing land uses shall be required to w be complimentary and sympathetic to existing land uses 0 through the use of common or gradual scale,massing and height. CD fn m 2 o' updated June 29,2022 Page 5 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 24 Cheryl Koza-Bowler Would like to sever the property and build a home where the shop currently sits. No change recommended to Draft 2 151 Line 5 North The draft Official Plan has been developed to conform to the 20,7/04/28 Provincial policies and the County of Simcoe's Official Plan. These lands are designated Agricultural and Greenlands in the County's OF and is reflected as such in the draft OF Land Use Schedule'A'.Severances of residential lots is not permitted on lands designated Agricultural or Greenlands—Section 2.5.5& 2.13.13. 25 Allan Sinton Would like to receive a minor variance to accommodate an accessory building.It is zoned EP currently.While they agree that No change recommended to Draft 2 3525 McNutt Road about%of the property in the north westerly portion should be EP,they would like the rest reclassified. The applicant applied for and obtained a Minor Variance 2017/08/01 (Township File No.2017-A-43)to construct a detached accessory building on the lands. 26 Spencer Farn Would like their property to change designation from Agricultural to Rural as the lot has not been farmed in over 50 years;no No change recommended to Draft 2 Q 678 15/16 Sideroad West farmers showed interest despite being on the market for over three years;over 60 acres are now EP with forests that are 40 The draft Official Plan has been developed to conform to the p 2017/08/15 plus years old,and a great majority of the land is protected wetlands. County of Simcoe's Official Plan.These lands are designated U) Greenlands in the County's OF and is reflected as such in the o draft OF Land Use Schedule'A'. N N 27 Nadia De Amicis 100-acres of their property is zoned EP,which they feel"is highly unfair practice"since the land is"80%dry"while the rest is No change recommended to Draft 2 0 1200 Line 8 North flooded on and oftfrom"the back up of water from(the creek on)either the 9'"or 10'"line of Oro,would like their property to The draft Official Plan has been developed to conform to the February 21,2018 be able to be built on to some extent. County of Simcoe's Official Plan.These lands are designated y Greenlands in the County's OF and is reflected as such in the Q draft OF Land Use Schedule'A'.The applicant is encouraged to review and comment on the proposed refinements to the m Natural Heritage System being undertaken by the County of Simcoe as it relates to the subject lands. s 28 Tosh Skalosky Would like their 112-acre property within"the area encompassing Line 15 and Hwy#11"to be considered for designation as a No change recommended to Draft 2 � 174 Line 15 South "Development or Settlement Area"in the new OF on the basis that it is in close proximity to existing development in the City of The draft Official Plan has been developed to conform to the CD 13 Line 14 South Orillia and proximity to existing residential areas on shores of Lake Simcoe. County of Simcoe's Official Plan.These lands are designated 'o 2018/05/16 Greenlands and Rural in the County's OF the lands are proposed to be designated Greenlands and Highway Commercial in the draft OF Land Use Schedule'A'.The y establishment of new Settlement Areas is prohibited—Policy Q 2.1.3.12 p 29 Clarence(Clare)Riepma Would like to know how and when the proposal for2921 Highway 11 will be dealt with. No change recommended to Draft 2 Riepma Consultants Inc. The Oro Centre Secondary Plan has been identified in the draft o m 2921 Highway 11 Official Plan and includes appropriate land use designations— _ w July 5,2018 Section 2.9 and Schedule'B3'. p rn co 30 Patricia Dunn Would like their property to be rezoned from A/RU to RR on the basis that the lands cannot become a financially feasible No change recommended to Draft 2 m ° 4472 Line 10 North agricultural operation;Oro-Medonte has allowed residential development in the immediate surrounding area(i.e.Braestone at The draft Official Plan has been developed to conform to the 2018/08/22 Line 9 and Horseshoe Valley Road),there is close proximity to other settlements and recreation areas and current zoning County of Simcoe's Official Plan.These lands are designated -0 designations are incorrect/not reflective of the true characteristics and usage of the property. Greenlands in the County's OF and is reflected as such in the draft OF Land Use Schedule'A'. CD Cn m 2 o' updated June 29,2022 Page 6 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 31 Wayne Lambert Would like amendments to the Rural designation severance policies. No change recommended to Draft 2 11 Palm Beach Road The Draft OP includes updated severance policies including 2019/03/17 infilling policies in appropriate land use designations, specifically in the Rural designation—Section 2.6. 32 Wayne Lambert Would like to sever their property on the comer of Ridge Road and Line 5;Township needs more flexibility for the fast- No change recommended to Draft 2 11 Palm Beach Road changing times to control responsible growth.Infill can help facilitate this responsible growth. The draft Official Plan has been developed to conform to the 2020/12/18 County of Simcoe's Official Plan.These lands are designated Rural in the County's OP and is reflected as such in the draft OP Land Use Schedule'A'.The Draft OP includes updated severance policies including infilling policies in appropriate land use designations,specifically in the Rural designation—Section 2.6. 33 Kory Chisholm and Jamie Would like property to be re-designated from Agricultural,with the eastern portion of the lands designated Environmental No change recommended to Draft 2 Q Robinson,MHBC on behalf of Protection Two,to Commercial or Industrial in the OP.It is their opinion that despite being identified Prime Agricultural Area The draft Official Plan has been developed to conform to the p Glenn Melton (PAA),property is adjacent to a significant transit corridor(Highway 11),making it"unique"relative to other PAA. County of Simcoe's Official Plan.These lands are designated U) 1936 Highway 11 Agricultural and Greenlands in the County's OP and is reflected o 2020/05/28 as such in the draft OP Land Use Schedule'A'.The applicant is N encouraged to review and comment on the proposed refinements to the Natural Heritage System and Agricultural o System being undertaken by the County of Simcoe as it relates - to the subject lands. D 34 David Johnston on behalf of Dr. Would like the 133-acre property to be re-designated to Rural Residential for partial development into 40-45 single-family No change recommended to Draft 2 °- James Lam residential lots and 4 blocks of affordable residential units,with 4-5 units per block. The draft Official Plan has been developed to conform to the m 1375 15/16 Sideroad East Provincial policies and the County of Simcoe's Official Plan. m 2020/10/07 These lands are designated Agricultural and Greenlands in the County's OP and is reflected as such in the draft OP Land Use ? Schedule'A'.In accordance with Provincial policies,minor p adjustments may be made to the boundaries of Rural m Settlements tithe change would constitute minor rounding out of existing development in keeping with the rural character of the area—Section 1.11.The inclusion of these lands into the 0 Rural Settlement Area does not constitute a minor rounding out. 0 Request for the settlement boundary expansion should be submitted to the County for consideration through their MCR. 0 m m o m _ m � rn co N < O � a O W O O U) O n updated June 29,2022 Page 7 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 35 David Johnston on behalf of Dr. Would like Council and relevant authorities to assess proposed areas for residential development and reassign unfit areas to No change recommended to Draft 2 James Lam suitable lands.Unfit development may be physically limited or otherwise unfit.An example of impractical land with proposed The draft Official Plan has been developed to conform to the 1375 15/16 Sideroad East development is an area of land in the northwest of the East Om Hamlet,behind recently constructed single family homes.It Provincial policies and the County of Simcoe's Official Plan. 2021/01/15 has no viable access point and the site is bordered with an EP area to the north. Here,Council should remove the These lands are designated Agricultural and Greenlands in the Development designation from the property and re-assign the Rural Residential land to Dr.Lam's property which does not County's OP and is reflected as such in the draft OP Land Use have any such limitations for practical development. Schedule'A'.In accordance with Provincial policies,minor adjustments may be made to the boundaries of Rural Settlements tithe change would constitute minor rounding out of existing development in keeping with the rural character of the area—Section 1.11.The inclusion of these lands into the Rural Settlement Area does not constitute a minor rounding out. Request for the settlement boundary expansion should be submitted to the County for consideration through their MCR. Q 36 Robert G.Douglas Would like 80acre property to be added to the Horseshoe Valley Settlement Area on the basis that the lands front onto No change recommended to Draft 2 640 Horseshoe Valley Rd.West Horseshoe Valley Rd.W.and borders on Cathedral Pines subdivision,borders on Simcoe County Forest and borders on 5th The draft Official Plan has been developed to conform to the 2020/10/13 Line North. Provincial policies and the County of Simcoe's Official Plan. N o These lands are designated Greenlands in the County's OP 0 and is reflected as such in the draft OP Land Use Schedule W. N Settlement boundary expansion is the responsibility of the o County of Simcoe.Settlement Area boundary expansions shall proceed through an amendment to the County of Simcoe y Official Plan as part of a Municipal Comprehensive Review as Q well as an amendment to the Township Official Plan as outlined in Section 1.11 in the draft OP.Alternatively,minor adjustments m may be considered in advance of the Municipal Comprehensive m Review in accordance with Section 1.11 of the draft OP. s 37 Raivo Uukkivi,Cassels Brock and Would like an 18-hectare portion of client's 63fiectare property to be changed from Rural to Shoreline.Requesting to change No change recommended to Draft 2 � Blackwell LLP County OP designation from Greenlands to Rural,change Township OP designation from Rural to Shoreline;change Zoning The draft Official Plan has been developed to conform to the CD 837 Line 7 South By-Law from A/RU to residential zone.The basis for this request is it would match the existing residential subdivision County of Simcoe's Official Plan.These lands are designated 'o 2021/02/19 designated Shoreline on the other side of Ridge Trail Drive.would provide logical expansion of the Shoreline settlement in Greenlands in the County's OP and is reflected as such in the east and infill existing residential development located to the east and south and meets definition of infill in OP(borders 2+ draft OP Land Use Schedule W.Severances of residential lots 0 settlement areas). and/or development is not permitted on lands designated y Greenlands—Section 2.13.13.The applicant is encouraged to O review and comment on the proposed refinements to the p Natural Heritage System being undertaken by the County of �' Simcoe as it relates to the subject lands. n 38 Jacqueline Jackson Would like their 13 acre property to be severed to accommodate 2 residences.It is currently Rural in the OP and A/RU in No change recommended to Draft 2 w 455 Old Barrie Road West zoning,and Greenlands in County OP.Owner is hoping for flexibility in the Rural Consent Policies to permit a severance. The draft Official Plan has been developed to conform to the p w 2021/03/10 County of Simcoe's Official Plan.These lands are designated < o Greenlands in the County's OP and is reflected as such in the m w draft OP Land Use Schedule'A'.Severances of residential lots o and/or development is not permitted on lands designated Greenlands—Section 2.13.13.The applicant is encouraged to m review and comment on the proposed refinements to the 3 Natural Heritage System being undertaken by the County of Simcoe as it relates to the subject lands. CD o' updated June 29,2022 Page 8 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Iieg Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 39 Joshua Morgan,Morgan Planning Would like client's property to be re-designated for development.They request that OF Section C3.32 be deleted due to No change recommended to Draft 2 &Development,on behalf of David being unrepresentative of the Township's short-or long-term visions,supporting Hawkestone's Rural Settlement Area The draft Official Plan has been developed to conform to the Stephen designation. County of Simcoe's Official Plan.These lands are designated 1544 Ridge Road East Settlements,Agricultural and Greenlands in the County's OF 2021/05/25 The entire eastern half of the property is zoned A/RU Exception 15,the developed portion of the property is A/RU,the west and are designated Rural Settlement Area,Agricultural and side of the property is EP(Figure 1).The property has four distinct land use designations shown in Figure 2. Greenlands in the draft OF Land Use Schedule W.The draft + _ OF eliminates the Hawkestone Expansion Area and Hawkestone incorporates this into the Rural Settlement Area. Residential Area + _ Hawkestone + Expansion Area MP01n # designation v --i Agricultural designation p tin N„ _ • Environmental p Protection One N _ designation N O 40 James Maclean Would like to have their properties,3224 Line 4 North and 3094 Line 4 North,considered for land use change to Horseshoe Addressed in Draft 1 D 3094&3224 Line 4 North Valley mixed use classification. The subject lands are designated Low Density Residential in = Q 2016/07/26 the draft Official Plan Land Use Schedule'B2'. mM 41 Nicola Mitchinson,Mitchinson Would like their client's properties,3094(2.6 ha)and 3224 Line 4 North(5.4 Ha)to be re-designated Residential from Addressed in Draft 1 r Planning&Development,on "Horseshoe Valley-Resort Facility"to develop a range of low-to medium-density housing on the basis that the Horseshoe The subject lands are designated Low Density Residential in behalf of the Maclean's Valley Settlement Area is one ofthe Township's primary settlement areas and a focus forgrowth and development,residential the draft Official Plan Land Use Schedule'132'. s 3094&3224 Line 4 North uses are consistent and compatible with the existing residential uses;resort facility uses on this site appear unviable given the August 22 2018&July 2312021 site's more remote location and a lack of need for additional resort facilities and the site could be serviced with municipal � water(but that municipal sewers cannot be physically extended to the site). � s= n D O m m o m _ m � rn m A < O � ca O W O O fn O n updated June 29,2022 Page 9 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 42 Ray Duhamel,The Jones Would like client's property to be removed from the Provincial Agricultural System on the basis that the lands have been used No change recommended to Draft 2 Consulting Group for commercial purposes for 15 years,they have no potential for agriculture,and they are adjacent to residential areas and The draft Official Plan has been developed to conform to the 9289&9951 Hwy 12 settlement of Marchmont. County of Simcoe's Official Plan.These lands are 2022/04/14 predominately designated Agricultural in the County's OF and is ^3 reflected as such in the draft OF Land Use Schedule'A'. Applicants'request to consider the agricultural system refinement has been submitted to the County for consideration through their MCR. 4 iT t7 (n N O N N 43 Linda Myles Disagrees with the changes suggested for the language for B&Bs.The neighbours should still have an opportunity to say Change recommended to Draft 2 0 11 Trillium Trail whether a B&B can be operated in a residential neighbourhood.The rezoning requirement should not be removed from the It is recommended that B&Bs be permitted in the Shoreline - 2022/05/16 Official Plan. designation subject to a Zoning By-law Amendment application. D Site Plan Control will be required to detail appropriate o_ performance standards for B&B's. m 44 Paul&Barbara Miller Would like their two properties at Line 9 and Highway 11 to be identified as land for economic development.Lot 1 is 1.09 acre Addressed in Draft 1 99 Line 9 North building lot south of Hwy 11 with entrance from School House Road.Lot 2 is 40 acres located on"the southbound side of Hwy The subject lands are designated Employment Area in the draft (' 2021/11/04 11 at line 9 N".Basis forthis change is that the properties are included in the Employment Land Strategy(2021),Township Official Plan Land Use Schedule'A'. ? economic development focuses on Highway 11 corridor,and businesses have presented interest in locating on these lots. p m 45 Paul Miller Several properties along highway#11 are zoned for economic development or commercial but MTO have blocked for new Addressed in Draft 1 0 99 Line 9 N Oro-Medonte entrances.Do we have a current position from MTO on the OPR?The 72 acres property at 73 line 9 N is considered an option The subject lands are designated Employment Area in the draft 2022/05/20 for Employment Land expansion,has an existing Agricultural Impact Assessment that favors development,setbacks for a new Official Plan Land Use Schedule'A'.MTO has provided n service road to MTO standards and a willing developer,ideal site lines on highway#11 for commercial&industrial comments on Draft 1 of the OP,staff will review and incorporate y development,and is located on a cloverleaf for easy access.It could be considered"Investment Ready"as we have met a few these comments into Draft 2 as appropriate. O interested parties on this location.The second location on School House Rd and Highway#11 northbound,is app,1.09 acres, p surrounded by Comm/Ind.properties.Currently zoned Ag/Rural,{shown in Figure 7 of OPR for Employment Land Expansion) (D' will require a rezoning that is sight specific and in line with surrounding zonings. n m o m _ m � rn co N < O � a O W (D O U) (D n updated June 29,2022 Page 10 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 46 Joshua Morgan,Morgan Planning Would like the Guthrie Settelment Area to be expanded to include client's property,26 Winstar Road.Expansion would No change recommended to Draft 2 &Development on behalf of change designation from A/RU to Industrial and EP1,and extend the two adjacent industrial subdivisions. The draft Official Plan has been developed to conform to the Rumball Excavation and Haulage Provincial policies and the County of Simcoe's Official Plan. Inc. These lands are designated Greenlands and Agricultural in the 26 Winstar Road County's OF and is reflected as such in the draft OF Land Use 2021/11/12 Schedule'A'.In accordance with Provincial policies,minor adjustments may be made to the boundaries of Rural Settlements tithe change would constitute minor rounding out of existing development in keeping with the rural character of the area—Section 1.11.The inclusion of these lands into the Rural Settlement Area does not constitute a minor rounding out. The applicant's request for the settlement boundary expansion has been submitted to the County for consideration through their MCR. 47 Joshua Morgan,Morgan Planning Would like the County to expand the Moonstone Settlement Area to incorporate 85 Old County Road,and the Township re- No change recommended to Draft 2 &Development on behalf of owner designate the developable portions of the property from Rural to Settlement Area. The draft Official Plan has been developed to conform to the N 89 Old County Road County of Simcoe's Official Plan.These lands are designated o 0 2021/11/12 Rural and Greenlands in the County's OF and is reflected as N such in the draft OF Land Use Schedule W.In accordance with o Provincial policies,minor adjustments may be made to the boundaries of Rural Settlements if the change would constitute y minor rounding out of existing development in keeping with the Q rural character of the area—Section 1.11.The inclusion of these lands into the Rural Settlement Area does not constitute a m minor rounding out.The applicant's request for the settlement boundary expansion has been submitted to the County for consideration through their MCR. ? 48 Joshua Morgan,Morgan Planning Would like their 18-hectare property to be incorporated into the Warminster Settlement Area for development,changing its No change recommended to Draft 2 &Development on behalf of owner zoning from A/RU to Residential. The draft Official Plan has been developed to conform to the 'o 1922 Warminster Side Road County of Simcoe's Official Plan.These lands are designated 2021/11/12 Agricultural in the County's OF and is reflected as such in the draft OF Land Use Schedule'A'.In accordance with Provincial y policies,minor adjustments may be made to the boundaries of O Rural Settlements tithe change would constitute minor p rounding out of existing development in keeping with the rural �' character ofthe area—Section 1.11.The inclusion of these n m lands into the Rural Settlement Area does not constitute a o m minor rounding out.The applicant's request for the settlement boundary expansion has been submitted to the County for m o consideration through their MCR. m w o m m 2 o' updated June 29,2022 Page 11 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 49 Nicola Mitchinson,Mitchinson Would like client's property,specifically the easterly Bidwell Road lands owned by 1091402 Ontario Ltd.(Mr.Lou Orsi and Dr. No change recommended to Draft 2 Consultants Inc.on behalf of Lou Michael da Costa),to be re-designated Rural Residential.Currently,the client's land on the north side of Bidwell Road(Site A) The draft Official Plan has been developed to conform to the Orsi and Dr.Michael da Costa has RR designation and is vacant,unused,open space situated.They would like the RR to be transferred to a portion ofthe County of Simcoe's Official Plan.Site'A'is designated Rural in Bidwell Rd East easterly Bidwell Rd lands located on the south side of Bidwell Road at Line 1 North(Site B). The designation transfer would in the County's OF and is designated as Rural Residential in 2021/12/03 facilitate a logical and appropriate minor rounding out and completion of the Bidwell Road residential community. the draft OF Land Use Schedule'A'.Site'B'is designated Greenlands in the OF and is reflected as such in the Schell draft OF Land Use Schedule'A'.It is the objective of the Rural Residential designation to only recognize existing estate and f" cONcrrTua1rraN country residential developments in the Township and that development shall be limited to existing lots of record;lot - creation in the Rural Residential designation is not permitted— _ Sections 2.12.2&2.12.4.Severances of residential lots and/or development is not permitted on lands designated Greenlands s —Section 2.13.13. o O see N O �I N N I •+xawJ" � O 50 Rick Hann&Jia Liu Would like their property to be developed for residential from restricted rural. No change recommended to Draft 2 m 85 Penetanguishene Road Simcoe County's Official Plan contains policies that discourage s 2 01 6/1 112 1 development,including lot creation,within one kilometre of a 0 primary settlement area.This property is within one kilometre of m the City of Barrie and therefore development of these lands is c, not permitted-The draft Official Plan contains this policy- .� Section 2.6.11. n 51 Rick Hann&Jia Liu Request property re-designation for development based on: No change recommended to Draft 2 DO 85 Penetanguishene Road Simcoe County's Official Plan contains policies that discourage 2019/11/27 - PPS(2014)supports the development oftheir land development,including lot creation,within one kilometre of a - - Small acreage is unsustainable for agriculture and better used for residential lots primary settlement area.This property is within one kilometre of ID m - An existing subdivision to the south and developed housing east and north,and City of Barrie to west the City of Barrie and therefore development of these lands is p not permitted.The draft Official Plan contains this policy- Section 2.6.11. CD J < O CD a O W O O fn O n updated June 29,2022 Page 12 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 52 Matt Pryce Would like their property to be included in the settlement area of Shanty Bay on the basis that the subject property is adjacent No change recommended to Draft 2 1685&1687 Ridge Rd West to the proposed Shanty Bay Settlement Area;the subject property is the only property on the south side of Ridge Road and The draft Official Plan has been developed to conform to the 2019/01/24 west of Line 3 that does not have water frontage.All other lots are shoreline lots;the subject property is adjacent to both the County of Simcoe's Official Plan.These lands are designated settlement area and waterfront properties.Rounding out the Settlement Area to include the subject property will ensure Rural and Greenlands in the County's OF and is reflected as Followed up: compatibility of uses in the area in the future.Given the surrounding residential and shoreline residential lots,the use of the such in the draft OF Land Use Schedule W.In accordance with Chloe Spear&Jamie Robinson, subject lands for agricultural purposes may not be compatible with surrounding uses;and the rounding out of the settlement Provincial policies,minor adjustments may be made to the MHBC,on behalf of Matt Pryce area to include the subject lands is a logical given the uses on surrounding residential lots. boundaries of Rural Settlements if the change would constitute 2022/06/08 minor rounding out of existing development in keeping with the rural character of the area—Section 1.11.The inclusion of these lands into the Rural Settlement Area does not constitute a minor rounding out.The applicant's request for the settlement boundary expansion has been submitted to the County for consideration through their MCR. Q 53 Paul Crooks Would like portions oftheir property to be included in the East Oro Rural Settlement Area,specifically along 15/16 Sideroad No change recommended to Draft 2 1474 15/16 Side Road East East and Line 11 North The draft Official Plan has been developed to conform to the 2019/05/12 County of Simcoe's Official Plan.These lands are designated No Eu Settlements,Rural and Greenlands in the County's OF and is r) reflected as such in the draft OF Land Use Schedule'A'.In N —�I accordance with Provincial policies,minor adjustments may be o made to the boundaries of Rural Settlements if the change would constitute minor rounding out of existing development in y • - keeping with the rural character of the area—Section 1.11.The Q inclusion of these lands into the Rural Settlement Area does not constitute a minor rounding out.Proposed lots along Line 11 m North are within the Greenlands designation,severances of m residential lots and/or development is not permitted on lands (3' designated Greenlands—Section 2.13.13.Request for the ? settlement boundary expansion should be submitted to the p County for consideration through their MCR. m 54 Janice Brennan Would like their property which operates with a Temporary Zoning By-Law,to be rezoned permanently for Change recommended to Draft 2 5071 Highway 11 North industrial/commercial use. The applicant applied for and obtained an Official Plan 0 2019/05/14 Amendment(OPA#44)and Zoning By-law Amendment(By-law y #2022-062)to amend the permitted uses in the Agricultural O designation and the Agricultural/Rural Zone to recognize the p uses that have existed on the subject property historically.It is �' recommended that an exception be added to Section 2.5 n Agricultural to incorporate OPA#44. o m � rn co w < o � w o (D U) m 2 o' updated June 29,2022 Page 13 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 55 Barbara Lawson Robertson Would like their property to be considered for the Craighurst expansion on the basis that it is 1km south of Craighurst and No change recommended to Draft 2 Roll No.4346-010-001-10700 frontage on Hwy 93. The draft Official Plan has been developed to conform to the Lot 38 N&39 S Concession 1 County of Simcoe's Official Plan.These lands are designated (Oro) Rural and Greenlands in the County's OF and is reflected as 2019/10/20 such in the draft OF Land Use Schedule'A'.In accordance with Provincial policies,minor adjustments may be made to the boundaries of Rural Settlements if the change would constitute minor rounding out of existing development in keeping with the rural character of the area-Section 1.11.The inclusion of these lands into the Rural Settlement Area does not constitute a minor rounding out.Request for the settlement boundary expansion should be submitted to the County for consideration through their MCR. T 56 Lawlor Would like property to be removed from the Provincial Agricultural System on the basis that the lands have been used for No change recommended to Draft 2 9289&9951 Highway 12 commercial purposes for 15 years,they have no potential for agriculture. The draft Official Plan has been developed to conform to the 2019/10/01 County of Simcoe's Official Plan.These lands are No predominately designated Agricultural in the County's OF and is N reflected as such in the draft OF Land Use Schedule'A'.The N applicant is encouraged to review and comment on the o proposed refinements to the Agricultural System being undertaken by the County of Simcoe as it relates to the subject y lands. Q 57 Kayly Robbins,The Jones Would like clients 8.55-hectare property,567 Line 11 S in the Hawkestone Expansion Area,to be re-designated to Residential No change recommended to Draft 2 m Consulting Group on behalf of on the basis that this will facilitate future residential development,settlement has close proximity to Hwy 11 and is central to The draft Official Plan has been developed to conform to the r- owner Barrie and Orillia,would increase range of housing options in Hawkestone and property is centrally located in settlement. County of Simcoe's Official Plan.These lands are designated 567 Line 11 South Settlements in the County's OF and are designated Rural s 2020/05/04 Settlement Area in the draft OF Land Use Schedule'A'.The draft OF eliminates the Hawkestone Expansion Area and CD incorporates this into the Rural Settlement Area. 'o r= 58 Mark Pilch Would like their property to be re-designated from agricultural to rural,and"introduce a flexible severance policy". No change recommended to Draft 2 1548 Line 1 South The draft Official Plan has been developed to conform to the D 2019/10/15 County of Simcoe's Official Plan.These lands are designated O Greenlands in the County's OF and is reflected as such in the draft OF Land Use Schedule'A'.Severances of residential lots and/or development is not permitted on lands designated m Greenlands-Section 2.13.13.The applicant is encouraged to 0 m review and comment on the proposed refinements to the _ wNatural Heritage System being undertaken by the County of p Simcoe as it relates to the subject lands. < o m w o m Cn m 2 o' updated June 29,2022 Page 14 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 59 Claudio Brutto,Brutto Consulting Would like a portion of the property to be considered for inclusion in the Rural Settlement Area of Warminster. No change recommended to Draft 2 on behalf of the owner The draft Official Plan has been developed to conform to the 1750 Warminster SR County of Simcoe's Official Plan.These lands are designated 2021/02/09 Agricultural and Settlements in the County's OF and is reflected as such in the draft OF Land Use Schedule'A'.In accordance with Provincial policies,minor adjustments may be made to the boundaries of Rural Settlements if the change would constitute minor rounding out of existing development in keeping with the rural character of the area—Section 1.11.The inclusion of these lands into the Rural Settlement Area does not constitute a minor rounding out.The applicant's request for the settlement boundary expansion has been be submitted to the County for consideration through their MCR. 0 60 Barry May,Heritage Hills Golf Club Would like their Rural-designated property to be exempt from Section C2.3.1,permitting the creation of a single lot,in the Change recommended to Draft 2 Limited Official Plan Amendment.The New County OF policies,specifically 3.7.8 do permit single lot creations.The current Oro- It is recommended the entire subject property be designated 2017/03/21 Medonte OF policies,specifically C2.3.1,do not support single lot creations in the Rural designation. Recreational to reflect the existing golf course use and areas of N influence surrounding the golf course. 0 N 61 Diane Webster,Heritage Hills Golf Would like their client's property,367 Line 1 S,owned by Barry May and Bruce Dodson,to be re-designated Rural and/or Change recommended to Draft 2 Club Limited Residential from Agricultural to allow forthe development of personal houses for the owners and the remaining lots to be sold It is recommended the entire subject property be designated o 367 Line 1 South and developed. Recreational to reflect the existing golf course use and areas of 2022/06/03 influence surrounding the golf course. D Q (. r 4 (D' s I p n D O tar rol 0 m o m _ m � J O < O a O W (D O U) O n updated June 29,2022 Page 15 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix [ off Rood F3eri",Ezriedag F.- 62 HVPOA Section 1.2—add a new paragraph by describing Oro-Medonte's natural beauty and rural character No change recommended to Draft 2:Oro-Medonte's natural 2022/06/03 heritage features and rural character is a common theme through the Draft OP. -in paragraph 2,delete"Settlement Areas"and just refer to Rural Settlements No change recommended to Draft 2:The County MCR requires the identification of a Settlement Area Hierarchy using the three types of settlements that the Growth Plan defines.It is appropriate from a planning horizon perspective to identify Settlement Areas and Rural Settlements in the Draft OP. Section 1.5—who/what authority will"deem"that the plan conforms...? No change recommended to Draft 2:the OP once approved by the County as the approval authority will deem the plan to conform. Section 1.6—please share the population&household numbers and forecasts that have been provided to the County as part No change recommended to Draft 2:this information is on of the MCR that is currently underway the County's website.The County provides this information as the upper-tier municipality in accordance with the Growth Plan. Sections 1.7/1.8—paragraph 4last sentence implies a priority for economic development over resident's interest—suggest re- No change recommended to Draft 2:these policies are Q wording to:"every effor to promote economic activity will also need to protect what residents value about living..." general,they set goals building on the community vision. -Horseshoe Valley and Craighurst both should be identified as Rural Settlement Areas throughout the Plan No change recommended to Draft 2:Craighurst and U) Horseshoe Valley are identified as Settlement Areas in the County's Settlement Area Hierarchy. 0 -delete the word"urban"throughout the Plan,replace it with"developed"or"development"(e.g."developed area", No change recommended to Draft 2:"urban"is a common N development design") planning terminology and is consistent with the Township Road o Network Plan and Road Standards. -paragraph 5 suggests that Oro-Medonte can move to"complete communities"with settlement areas that might have Change recommended to Draft 2:sentence"Development in y a"sustainable urban form"...replace this with a new paragraph that describes the limitations that our rural Township faces Settlement Areas will contribute to a sustainable urban form..." Q trying to move towards complete communities because there is no public transit in the Township,only Craighurst might to be replaced with"Settlement Areas will contribute to a otherwise be a"complete community"as defined by provincial policies,Horseshoe Valley settlement area could not become a sustainable form of development which minimizes use of m complete community within the horizon of this plan,Horseshoe is unlikely to ever have the same range of essential retail resources..." services as Craighurst Seciton 1.9—change to"two(2)Rural Settlement Areas,a number of smaller rural settlements,along the shoreline..."and No change recommended to Draft 2:The County MCR ? throughout the Plan ensure refemece to Rural Settlement Areas requires the identification of a Settlement Area Hierarchy using p the three types of settlements that the Growth Plan defines.It is m appropriate from a planning horizon perspective to identify Settlement Areas and Rural Settlements in the Draft OP. `< -identify the provincially imposed density targets in section 1.9.3(40 residents&jobs combined per ha.) No change recommended to Draft 2:The County OP D contains density targets,we do not want to be more prescriptive 0 than that. 0 -add wording to identify the challenges that need to be addressed in achieving higher densities within rural settlement Change recommended to Draft 2:new wording to be included — areas that approval authority can provide alternative density targets to E0 m Settlement Areas o -add Braestone to the list of Rural Settlements in section 1.9.4 No change recommended to Draft 2:Braestone does not w meet the definition of a Rural Settlement Area p Section 1.10—1.b—change"existing urbanized area"to"existing developed area" No change recommended to Draft 2:"urban"and other fortes < 0 of"urban"such as"urbanized"is common planning terminology m w and is consistent with the Township Road Network Plan and O Road Standards. Section 1.11—please confirm that if any proposal is made to expand the Horseshoe Valley settlement area boundary within No change recommended to Draft 2:refer to Section 2.1.3.1 CD the life of this OP a Secondary Plan for the area will be required Cn m 2 o' updated June 29,2022 Page 16 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Trn-hihpp f Comment & Response Matrix [ , Proud H.*W,E—Ii,F.— Section 2.1—2.1.2d)delete"the establishment of an urban environment"and replace with..."development that is safe,..." No change recommended to Draft 2:"urban"is a common -2.1.2i)delete—we are not an urban environment to which this statement is suited planning terminology and is consistent with the Township Road Network Plan and Road Standards. Section 2.1.3-#6 stregthen importance of retaining natural vegetation Change recommended to Draft 2:sentence to be changed to "Retention of natural environment or enhancement,where appropriate and feasible..." -#13 in second sentence,place tree preservation at the beginning of list of measures,delete`fencing",add"and to No change recommended to Draft 2:the list of measures is preserve the scenic,rural character of the Township" not listed in order of importance.Fencing is to remain as it one of many tools a municipality has to protect adjoining lands.Staff do not recommend adding the proposed wording at the end of the second sentence as this section is related to development in Settlement Areas,not the rural areas. Section 2.1.4—use the same standard/measure of density for both Craighurst and Horseshoe Change recommended to Draft 2:Policy 2.1.4.1 to be revised -why is Craighurst at a minimum density that is below the provincially imposed density target of 40 persons+ to read"In the Graighuret-Settlement Area,75%of all new jobs per hectare?Why is Craighurst per net hectare and Horseshoe per gross hectare? dwellings shall be single detached dwellings."Policies 2.1.42 Q -what do the measures in#3 for Horseshoe translate to in terms of persons+jobs per hectare? and 2.1.4.3 shall be deleted and replaced with"The County of this is the time to update and clarify the measures to comply with provincial policies and to reflect a Simcoe Official Plan contains density targets that are to be comprehensive and coordinated approach to Township planning considered as part ofthe review and evaluation of development applications that are within Settlement Areas." 0 Change recommended to Draft 2:Section 2.1.6 Urban Design N Section 2.1.6—re-title to"Design Policies" to be renamed to"Urban Design Policies". o -re-number 2.1.62 to just item 2 under 2.1.6.1 Section 2.1.6.2 Urban Design Policies/Guidelines to be deleted -delete the term"urban"throughout —policy 2.1.6.2.1 to be moved to under Section 2.1.6.1 y -at 2.1.6.6#2e)delete"where appropriate" No change recommended to Draft 2:"urban"is a common Q -2.1.6.7#3 delete"perimeter fencing" planning terminology and is consistent with the Township Road Network Plan and Road Standards. m Change recommended to Draft 2:Section 2.1.6.6 2e)delete m "where appropriate". No change recommended to Draft 2:Policy 2.1.6.7.3 ? Perimeter fencing is to remain as it one of many tools a p municipality has to protect adjoining lands. m No change recommended to Draft 2:Staff will look into the 20 Section 2.1.7—land use designations should be the same for both Rural Settlement Areas—either"Residential"for both,or feasibility of creating one set of land use designations for both `< "Low Density"and"Medium Density"for both,either"Employment Area"or"Commercial"for both,"Community Use"for both, Settlement Areas. D and replace"Recreational"in Horseshoe to"Private Recreational",Environmental Protection area should be included in both O Craighurst and Horseshoe as per 2.2.4.1 wording No change recommended to Draft 2:these policies are Section 2.2—see comments in 1.7/1.8 above regarding"complete communities"and 2.1.4 regarding appropriate density general,they set goals building on the community vision. _ targets No change recommended to Draft 2:2.3.4 m Section 2.3-#4 given that two buildings exceeding 5 stories have already been approved for the Village zone,delete limit of 5 Height policies continue to be appropriate o stories and replace with"shall not be higher than tree-tops or hill-tops in order to preserve scenic views". Change recommended to Draft 2:Policy 2.3.2.2.1 to be w revised with"Where a Medium Density Residential designation p N -section 2.3.2.2 elaborate what is meant by"adequate buffering".Specifically do not reference or allow fencing which abuts an existing Low Density Residential designation, < o urbanizes the environment and destroys existing scenic views;establish a minimum spatial separation(eg 30m as per adequate buffering in the form of landscaping shall be m w Craighurst)and require the preservation or use oftrees/naturalized areas to providing buffering.Or replace with same wording provided within the Medium Density Residential designation O � as 2.3.3.2#1 lands to provide for privacy and a smooth transition between � uses." (D Change recommended to Draft 2:Section 2.3.2.2 to be U) revised by adding a new policy#2"Multiple residential units 2m o' updated June 29,2022 Page 17 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review p f Comment & Response Matrix [r Trn—hp Proud H.*W,Es vi,F.- -overall,make changes to bring more consistency in approach between Craighurst and Horseshoe Valley as per (structures containing 3 or more units)shall be developed comments above under Site Plan Control." No change recommended to Draft 2:refer to Section 2.1.3.1 -#6 previous detailed planning work for Horseshoe is sorely out of date.The potential need for a Secondary Plan Change recommended to Draft 2:Policy 3.2.11.2 to be remains a concern,subject to the Township's response to various other questionstcomments made in this submission revised by adding a new sub-policy 2f)that requires the Section 3.2—3.2.11 Climate Change add a sub-item under#2 that specifies retention of stands of mature trees to the submission of a Tree Inventory and Preservation Plan and maximum extent possible within all residential developments and prohibition on clear-cutting Report for subdivision approvals. No change recommended to Draft 2:policies are appropriate in their current form. 3.2.12 combine sub-points a)and b)to:"promote and direct compact,mixed use developments to areas with terrain conducive to the use of active transportaiton and within reasonable walking distance of county roads where transit might No change recommended to Draft 2:costs of connection become available in future" would be the responsibility of the developer and would be a Section 4.2—4.2.2#2 specify that if the municipality requires a user to connect to municipal services as a condition of any condition of redevelopment. redevelopment the costs of that connection will be borne by the developer and not the individual resident(consistent with No change recommended to Draft 2:stormwater Q "growth pays for growth") management ponds are designed to municipal and provincial 0 Section 4.3—add a statement that stormwater management ponds in residential developments must be designed with a development standards.To be considered during review/update Cn natural look that is consistent with our rural character to enhance views for surrounding residences and create a focal point for of Development Engineering Policies,Process and Design r) neighbouring park/recreational uses Standards. o No change recommended to Draft 2:this is consistent with N the Township Road Network Plan and Road Standards. o Section 4.4—4.4.2.3 Township Roads#3 replace"local urban"and"collector urban"with"local residential or local No change recommended to Draft 2:this is consistent with commercial"and/or"collector residential"/"collector commercial" the Township Road Network Plan and Road Standards. y -#4 change to delete reference to an urban standard and limit to new devleopment e.g."within rural settlements areas, No change recommended to Draft 2:requirements for wider Township roads in new development shall generally require trails/sidewalks on one side...' right-of-way widths is determined through the Township Road CL -4.4.5 Rights-of-Way—add to item#5 examples of where/why wider right-of-way widths may be required e.g.to retain Network Plan and Road Standards and the Development v adquate visibility at intersections in areas with exceptionally high levels of snow accumulation Engineering Policies,Process and Design Standards and m subject to review and consideration by Operations and cQ' Community Services staff. No change recommended to Draft 2:this is consistent with l7 the Township Road Network Plan and Road Standards. � -4.4.7-#5 delete"urban"and replace with"all cross-sections in new residential or commercial developments.." No change recommended to Draft 2:this is consistent with provincial requirements for secondary dwelling units,OBC and Section 4.9-#7 after a)add a new sub-point to clarify that the Township's Zoning By-law may require safety features that Fire Code legislation. D exceed those in Provincial Codes to address climatic and drainage concerns speck to the particular area Change recommended to Draft 2:b)is proposed to be 0 revised to read"Adequate on-site parking is available on the lot 0 -d)add"or any reduction to the number of available parking spaces" for the dwelling unit and for the primary residence,as — identified in the Zoning By-law.Reduction to the number of m n m required parking spaces shall be discouraged." o No change recommended to Draft 2:this is consistent with - wprovincial policies that promote and encourage secondary and 0 w Section 4.10—by their description as being portable in nature,exclude these from residential zones in Rural Settlement Areas temporary dwelling units. < o and limit them to agricultural and larger rural residential properties Change recommended to Draft 2:It is recommended that w 4.12.1c)be revised to require B&B establishments be the 0 Section 4.12—add a criterion—"the resident owner/operator must be on-site during periods when one or more rooms are principal residence and occupied on a full-time basis by the being rented out to guests".If a B&B is proposed within a residential zone,notice must be provided to neighbours so that they owner of the dwelling.It is also recommended to add a new m have an opportunity to provide input before an approval is given. 3 pp Y p p Y pp g� policy to permit B&Bs in the Shoreline designation subject to a Zoning By-law Amendment application. U) m 2 o' updated June 29,2022 Page 18 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Trn hip f�� Comment & Response Matrix Lro � ['rood H�rimge,'Ii,F.— Change recommended to Draft 2:policy 4.13.3d)be revised to read'4he building is buffered from adjacent low density Section 4.13—3d)remove"fencing"and reference to privacy fencing with solid wood board(or similar)material. residential uses by setbacks,landscaping,and/or fencing and trees..." Change recommended to Draft 2:it is recommended that Short Tenn Rental Accommodation section be revised to Section 4.17—short term rental accomodations should be prohibited in residential zones with the exception of B&B's include additional policies regarding STRs including the use of buildings for STIR accommodation and where they shall be permitted. No change recommended to Draft 2:refer to Section 2.1.3.1 Change recommended to Draft 2:it is recommended that Section 5.5—please confirm that item 5.5#2 applies to Horseshoe Valley policy 5.8.1.2 be revised to read"...establish development and Section 5.8—add wording in OP to ensure that public notification and opportunities for public input are retained in this new design requirements,provisions and standards which must be process demonstrated to the satisfaction of the Township including public notification requirements prior to the granting of any Q approval." 0 No change recommended to Draft 2:public notification is prescribed for in Section 28 of the Planning Act o Section 5.9—add wording to clarify the need for public notification and input Change recommended to Draft 2:it is recommended that an N additional policy be added to Section 5.19 that states the N Section 5.19-#2 strengthen the wording to place priority on preservation of mature trees and prohibit(or limit)clear-cutting Township may impose Site Plan Control as a policy basis for o except as required for the construction of roads.Require development and grading to work around and preserve as many tree preservation where appropriate. mature trees as possible within a residential development,as occurred between homes on Landscape/Oakmont and No change recommended to Draft 2:policy 5.19.4 is y Oakmontlianglewood appropriate in its current form. Q #4 re-word to add the highlighted portions"existing hedgerows and stands of mature trees located between the various farm parcels and lining township roads provide a visual attraction and shall be preserved%vhoFo ec-possible No change recommended to Draft 2:compliance and v xcept where roadways need to be cut through" enforcement is regulated through the provisions of the m Section 5.25—add wording within#3 or immediately following to clarify that if the non-conforming use was also illegal/non- Municipal Act. conforming prior to this plan&its implementing zoning by-law the Township will take enforcement action to achieve No change recommended to Draft 2:applications 2019-OPA- ? compliance. 02,2019-ZBA-21 and 2019-SUB-01 were deemed complete p Section 5.30—is Xiao's spring 2020 application still considered"complete"or has it been deemed"incomplete"due to the applications on February 27,2020. m easements issue? Change recommended to Draft 2:It is recommended that a schedule/appendix to the Draft OP show the boundaries of the `< Schedule B2 Land Use Horseshoe Valley—given the significance of the Oro-Moraine,suggest to continue to depict its Oro Moraine. D currently defined boundaries Change recommended to Draft 2:refer to Comment#40 and O 41 0 -please explain/describe why the area circled in red has changed from the existing Schedule D to draft Schedule B2. — m � o m - o m i � J f m) A < O CD a O W ry O U) O n updated June 29,2022 Page 19 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,s_li,F.— COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 63 Darlene Presley,MHBC on behalf Would like to remind the Township of the TransCanada Pipelines Limited's two high pressure natural gas pipelines and a Change recommended to Draft 2 of TransCanada Pipelines compressor station within Township jurisdiction,but subject to the jurisdiction of the National Energy Board.Certain activities It is recommended that staff incorporate appropriate policies in 2018/05/24 must comply with the NEB Act and NEB Damage Prevention Regulations. Draft 2 to reflect TransCanada Pipeline comments. Would like the new Draft OF to include the following policies: (1)approval requirements for activities within 30 metresof the pipeline centreline(i.e.conducting a ground disturbance, constructing or installing a facility across/along pipeline right-of-way,driving a vehicle,mobile equipment,or machinery across the right-of-way,and use of explosives. (2)early consultation with TransCanada or its designated representative for any development proposals within 200 metres of the pipeline(s). (3)a noise and vibration study,to be carried out by the proponent,may be required for development proposals within 750 metres of the compressor station. (4)the TransCanada facilities to appear on the Land Use Schedules. o' 64 Tom Kalvik Is opposed to STRs in residential areas because... Change recommended to Draft 2: 41 Moon Point Drive - They are often for partying,creating excess noise for long hours and inappropriate vehicle parking. It is recommended that Short Tenn Rental Accommodation 2022/05/17 - STRs are insufficiently governed to protect the lake and surrounding area.Septic systems designed for single-families section be revised to include additional policies regarding STRs N may be incapable of sustaining regular partier-usage and damage the environment. including the use of buildings for STIR accommodation accommodation and 0 Absent property owners equal uncontrolled rental use,less so than a B&B,so there is no immediate source to go to for where they will be considered. N disruptive noise,smoke,or other violations.Neighbors suffer poor behaviour and renters don't care as they don't have to deal o with the consequences. 65 Brad Wolfenden Would like their property to be re-designated rural and considered for a severance. Change recommended to Draft 2 D 116 Rail Trail Dr. It is recommended that the subject property be designated Q 2022/03/04 Rural in Draft 2 as the lands contain no significant natural m heritage features. m 66 Emma West,Bousfields Inc.,on Would like client's 54 hectare property to develop into a"compact,walkable and complete community'and become an No change recommended to Draft 2 behalf of the McLean Family expansion to the Barrie settlement area but remain in the Township as a cross-jurisdictional settlement area. The draft Official Plan has been developed to conform to the ? 121 Penetanguishene Rd County of Simcoe's Official Plan.These lands are designated p 2021/05/28&2021/10/01 Agricultural and Greenlands in the County's OF and is reflected CD as such in the draft OF Land Use Schedule'A'.Simcoe County's Official Plan contains policies that discourage development,including lot creation,within one kilometre of a D primary settlement area.This property is within one kilometre of 0 the City of Barrie and therefore development of these lands is not permitted.The draft Official Plan contains this policy- _ Section 2.6.11. m n m o m _ m J C N < O � a O W CD O U) CD n updated June 29,2022 Page 20 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 67 Susan Rosenthal,Davies Howe Would like client's 54-hectare property to be developed on the basis that the local context strongly suggests that it No change recommended to Draft 2 LLP on behalf of McLean Family is inappropriate to identify these lands as Prime Agricultural Areas(PAAs):and they should be removed from the The draft Official Plan has been developed to conform to the 121 Penetanguishene Rd. Provincial mapping of PAAs.The attached letter from Bousfields dated November 12,2021 details the basis for this County of Simcoe's Official Plan.These lands are designated 2022/04/20 deletion. Agricultural and Greenlands in the County's OF and is reflected as such in the draft OF Land Use Schedule'A'.Simcoe County's Official Plan contains policies that discourage development,including lot creation,within one kilometre of a primary settlement area.This property is within one kilometre of the City of Barrie and therefore development of these lands is not permitted.The draft Official Plan contains this policy- Section 2.6.11.The applicant's request to consider the agricultural system refinement has been submitted to the County for consideration through their MCR. o' 68 Kory Chisholm,MHBC Planning Requesting that the identified portions of the properties within the Township of Oro-Medonte be refined from the Provincial No change recommended to Draft 2 on behalf of the owner Agricultural System mapping as identified on the attached figures through the MCR refinement process. The draft Official Plan has been developed to conform to the i)Part Lot 20,Concession 6(Oro) County of Simcoe's Official Plan.These lands are designated No ii)Part Lot 20,Concession 7(Oro) Agricultural,Rural and Greenlands in the County's OF and are N iii)97 Line 7 South designated: N 2022/04/20 i)Agricultural and Greenlands in the draft OF Land Use o Schedule'A'; ii)Oro Centre Office/Industrial in the draft OF Land Use y Schedule'B3'; Q ii)Oro Centre Office/Industrial,Commercial and Environmental Protection in the draft OF Land Use Schedule'B3'. m The applicant's request to consider the agricultural system CD refinement has been submitted to the County for consideration through their VCR. ? 69 Patrice Theroux Would like to allow creation of lots that meet minimum requirements of bylaw for A/RU zoned lots.Wants to divide the No change recommended to Draft 2 CD 475 Line 15 South existing severed lot zoned A/RU into 2lots. The draft Official Plan has been developed to conform to the 'o 2015/04/27 County of Simcoe's Official Plan.These lands are designated Greenlands in the County's OF and is reflected as such in the 0 draft OF Land Use Schedule'A'.Severances of residential lots y and/or development is not permitted on lands designated O Greenlands—Section 2.13.13.The applicant is encouraged to p review and comment on the proposed refinements to the m Natural Heritage System being undertaken by the County of Simcoe as it relates to the subject lands. o m � J CD W < O � a O W O O U) O n updated June 29,2022 Page 21 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood F3enmge,Esriting F.— COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 70 Councillor Randy Greenlaw From my initial review of the OF Draft 1,1 would like to ask that we consider more detail under the Bed and Breakfast Change recommended to Draft 2 2022/05/16 Definition and By-Law to clearly state: 1)It is recommended that Section 4.12 B&B's be amended to state that the B&B must be the principal residence and 1)The total maximum number of guests permitted at a B&B. Basing the Definition and By-Law on the number of rooms occupied on a full-time basis by the owner ofthe dwelling.It is rented only assumes a max.occupancy oftwo/room.A factual number would provide clarity and represent good planning. also recommended that the definition of B&B be amended to indicate the moms being offered for rental to the travelling 2)That the owner is present for the duration of any rental.Being the principle residence of the operator does not mean that public must be by the permanent occupant of the dwelling. they are on site or even in the country during the rental.Once again further clarity would represent good planning. No change recommended to Draft 2 2)It is not recommended that the Draft OF included the maximum number of persons permitted. 71 Tom Fendley Would like to know why section 2:12 Rural Residential does not include writing on short term rentals(i.e.no short term rentals Change recommended to Draft 2: Horseshoe Valley in residential areas)when It is specific on land uses such as 2:12.3 Permitted use(ie Bed&Breakfast). It is recommended that Short Tenn Rental Accommodation iT 2022/05/16 section be revised to include additional policies regarding STRs including the use of buildings for STIR accommodation and where they will be considered. o 72 Lynette and Dave Mader In section 2.2.1.1 Permitted Uses in the Craighurst Settlement Area. Re"legally existing commercial and light industrial uses", No change recommended to Draft 2 N 2022/05119 what qualifies as"legally existing?"and what would qualify as"light"industrial use? The Craighurst Settlement Area is intended to provide an appropriate mix of residential,commercial and institutional O In Craighurst,Belt Conveyor Guarding is a long established and well accepted legally existing light industrial use,as is the uses,as shown on draft OF Land Use Schedule'B1'.It is - former location of Chelsea Chocolates which is now a veterinarian.This wording may be intended to accommodate those recognized that there may be existing commercial and small- D businesses,but does that mean any residentially zoned property can set up a commercial or light industrial business?How is scalellight industrial uses on lands designated Residential.The Q this decided and where does the line get drawn? intent is to recognize those existing uses and direct new m commercial/industrial uses to those lands designated Employment Area. 73 Gord and Ruth Mitchell Would like their property to be considered for a severance or have second dwelling built on property. No change recommended to Draft 2 ? Emily Mitchell The draft Official Plan has been developed to conform to the p 6171 Line 2 North County of Simcoe's Official Plan.These lands are designated m 2022/05/17 Greenlands and Agricultural in the County's OF and is reflected =0 as such in the draft OF Land Use Schedule'A'.Severances of 1 residential lots and/or development is not permitted on lands D designated Greenlands—Section 2.13.13.The applicant is O encouraged to review and comment on the proposed 0 refinements to the Natural Heritage System being undertaken _ by the County of Simcoe as it relates to the subject lands. m Secondary dwelling units may be permitted accessory to single o m detached dwellings on lots which were approved prior to the - w approval date of the draft OF—Policy 2.13.13.6.Secondary p dwelling units shall be located in the building cluster and shall < o be subject to Section 4.9 of the draft OP_ m w o m fn m 2 o' updated June 29,2022 Page 22 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,'Ii,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 74 Jill Hawken Would like their property located in the"cloverleaf'at Line 3 in the southbound lane of Hwy 11 to be developed. No change recommended to Draft 2 Concession 3,North Part Lot 21 The draft Official Plan has been developed to conform to the (Oro) County of Simcoe's Official Plan.These lands are designated 2022/05/18 Agricultural in the County's OP and is reflected as such in the draft OP Land Use Schedule'A'.MTO has indicated that Line 3 in this area is Designated as Controlled Access therefore no entrances would be permitted.This may be lands that the Ministry holds onto in the event that a full interchange off of Highway 11 is built. 75 Valerie Stonkus Would like some flexibility or softening ofthe development restrictions on Greenlands to mitigate this issue while retaining a No change recommended to Draft 2 14 Scottsdale Drive high degree of control. The draft Official Plan has been developed to conform to the 2022/05/18 Provincial policies and the County of Simcoe's Official Plan. Section 2.13 Greenlands of the draft OP contains land use Q policies to protect,conserve and enhance natural heritage features,areas and functions.The Township,County and Province encourage the protection and enhancement of natural o heritage features and areas. N N 76 Good Neighbours Alliance Concern 1 No change recommended to Draft 2 2022/05/18 - Would like a"black line"review document to summarize the amendments and their rationale regarding the new OP. 1.Since the Township's current Official Plan was adopted in O this would enable better accessibility and comprehension by the public. 1997,there have been significant changes to planning policy at - Concern 2: the Provincial and County levels including:release of two(2) D - With reference to Section 4.17 of the Draft OP,recommend no changes to the OP with respect to STRs be made at new Growth Plans,Amendment 1 to the Growth Plan,a new Q this time,since changes will result in an expensive appeal.'The best course to protect the safety and security of our Provincial Policy Statement,South Georgian Bay Lake Simcoe m neighbourhoods is by enforcing the existing zoning by-law before the Superior Court seeking injunction relief." Source Protection Plan,and the Lake Simcoe Protection Plan Concern 3: and the County of Simcoe adopted its most recent Official Plan B&B provisions no longer have a requirement for a site-speck rezoning application in residential zones,disregarding in December 2016.The draft Official Plan has been developed s the need for the owner to be on the premises,offer breakfast,or control the property and users.More robust language to conform to the Provincial policies and the County of Simcoe's would be better. Official Plan.A`black line"review document is not possible as m this is a"new Official Plan"and not an amendment to the -o existing Official Plan. Change recommended to Draft 2: y 2.It is recommended that Short Tenn Rental Accommodation O section be revised to include additional policies regarding STRs p including the use of buildings for STIR accommodation and CD' where they will be considered. n m o m Change recommended to Draft 2 3.It is recommended that B&Bs be permitted in the Shoreline m designation subject to a Zoning By-law Amendment application. m ° Site Plan Control will be required to detail appropriate o Jperformance standards for B&B's. m Cn m 2 o' updated June 29,2022 Page 23 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,Esriting Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 77 Kim Kosart,Save the Oro Would like to know why they didn't see reference to the Oro Moraine in the new OP.It would be easier to see boundaries if it Change recommended to Draft 2 Moraine/Stop Sprawl Om-Medonte was referenced as it was previously,making it seem insignificant.What actions are being taken to protect the Oro Moraine? Since the Township's current Official Plan was adopted in 1997, 2022/06/06 Shouldn't it be provincially recognized as significant?Horseshoe Valley is planned for intensification but wasn't mentioned in there have been significant changes to planning policy at the Simcoe County's 4 centres ofgrowth(Barrie,Orillia,Midland,Collingwood).Why isn't the Township settling in areas off of the Provincial and County levels including:release of two(2)new Moraine? Growth Plans,Amendment 1 to the Growth Plan,a new Provincial Policy Statement,South Georgian Bay Lake Simcoe Source Protection Plan,and the Lake Simcoe Protection Plan and the County of Simcoe adopted its most recent Official Plan in December 2016.The Province does not recognize the Oro Moraine like other natural features in specific Plans(Oak Ridges Moraine,Niagara Escarpment).The draft Official Plan has been developed to conform to the Provincial policies and the County of Simcoe's Official Plan.This includes greater policies to protect,conserve and enhance natural heritage features,areas and functions,such as the Oro Moraine.The p Township,County and Province encourage the protection and N enhancement of natural heritage features and areas. o It is recommended that a schedule/appendix to the Draft OP N show the boundaries of the Oro Moraine. 78 JerryGreen lass Is opposed to STRs in residential areas,believing the will reduce theirproperty's value.The want more enforcement of the Change recommended to Draft 2: 9 PP 9 Y Y 9 75 Stanley Ave existing bylaws. It is recommended that Short Tenn Rental Accommodation y 2022/05/18 section be revised to include additional policies regarding STRs Q including the use of buildings for STIR accommodation and where they will be considered. m r 79 Diana Wells Is opposed to STRs in residential areas,including on lakes"as these are mostly full-time homes".Believe any exceptions Change recommended to Draft 2: 67 Stanley Ave should require a zoning amendment with input from neighbours and existing STRs shouldn't be grandfathered in. It is recommended that Short Tenn Rental Accommodation s 2022/05/18 section be revised to include additional policies regarding STRs including the use of buildings for STIR accommodation and CD where they will be considered. 'o 80 Stephen Wells While awaiting a written OLT decision for STRs in Residential areas,as per Item No.4.17,they are not permitted.Would like Change recommended to Draft 2: 67 Stanley Avenue the Township to"read with stronger by-law enforcement"until final decision emerges. It is recommended that Short Tenn Rental Accommodation D 2022/05/18 section be revised to include additional policies regarding STRs O including the use of buildings for STIR accommodation and 0 where they will be considered. _ 81 Susan Smythe Schedule B 2-My property is designated as recreational which is incorrect.The land behind my house is designated low Change recommended to Draft 2 c0i 7 Ridgewood Court density residential.How is that possible when I have an easement on that land? Land Use Schedule B2 will be updated in the 2n'draft to show o m 2022/05/18 all lots on Ridgewood as being designated"Low Density Residential". m m < o � w o m C m 2 o' updated June 29,2022 Page 24 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,s_li,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 82 Jorge Bartolo 1) Can restrictions of STRs to commercial/tourist designated lands be included in the OP? Change recommended to Draft 2: 30 Elvyn Crescent 2) MZO's which were granted to land's adjacent to the airport for a Medical Innovation Park(received October 30,2020) 1)It is recommended that Short Term Rental Accommodation 2022/05/18 are no longer going ahead and the land has been put up for sale at 1Ox the original Value.Can this MZO be reversed section be revised to include additional policies regarding STRs as there is no assurance that these lands will be used for the purpose of the MZO? including the use of buildings for STIR accommodation and 3) Can wording be added to the OF that requires proper infrastructure(i.e.sufficient Electrical,Natural Gas,Water& where they shall be permitted. waste water Systems)be in place for which the Properties will be used for and that Portable sources of infrastructure No change recommended to Draft 2 (i.e.high capacity electrical power)are not allowed except for emergency Stand By. 2)MZO's are under the jurisdiction of the Ministry of Municipal Affairs and Housing. No change recommended to Draft 2 3)Infrastructure such as electricity and gas are not within the mandate of municipal services.The current Draft includes appropriate policies for the availability of water and wastewater systems. Q 83 Eddy Aceti Would like the Township to stop any commercial activity from occurring in residential zones where they"disrupt the peaceful Change recommended to Draft 2: 61 Moon Point Drive enjoyment of residential property".Believes that the OLT ruling has removed"protections enjoyed by the STIR property It is recommended that Short Term Rental Accommodation 2022/05/17 owners"and enforcement of the zoning by-law should commence. section be revised to include additional policies regarding STRs N including the use of buildings for STIR accommodation accommodation and 0 where they will be considered. N 84 Alex McConney Would like to build a new home in the future on their 27-acre forested property,2160 Line 5 North,and tear down their current No change recommended to Draft 2 0 2160 Line 5 North home.With the classification of Greenland in the new OP,is this possible? Single detached dwellings are permitted in the Greenlands 2022/05/17&2022/06/03 designation on lots which were approved prior to the approval > Under the existing OP,Section 81.10.1,their property is classified as Oro Moraine-Natural Core/Corridor Area.Under the date of the draft OF-Section 2.13.4. Q draft OP,Section 2.13,their property is classified as Greenlands.The permitted uses for each classification differ.They would m like to be able to build a new single detached dwelling on their property,2160 Line 5 N. r- m s t7 m n D O m m o m _ m � m o < o � w o m U) m 2 o' updated June 29,2022 Page 25 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,s_li,F.— COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 85 Hang Gao&Xu Han Owners of approx.40%of the Hawkestone Expansion Area and cite of proposed retirement village plan(2019)which was No change recommended to Draft 2 1667 Ridge Rd E "terminated by some OF policies.Land is A/RU"15 but they believe it should be RR to match designation as settlement The draft OF eliminates the Hawkestone Expansion Area and 2021/10/03 expansion area. incorporates this into the Rural Settlement Area. They believe Township OF policies do not conform to the PPS,Growth Plan,and County OF due to approving 335 units outside the settlement area despite growth policies for within settlement boundaries,and would like modifications OF policy:Subsection A4.2.1 Hawkestone of Section A4—Settlement Area Strategy should be modified to allow the communal sewer/water system and individual onsite water/sewage system services in Hawkestone Expansion Area.Also, Township OF should allow those services can be operated and owned by landowner once a Responsibility Agreement approved by Council.Preparation of a Secondary Plan should be removed from this policy either. OF policy:A5.2 should remove Hawkestone from the list where servicing by municipally owned system and add Hawkestone to the list where servicing by private owned wells,septic systems,and communal systems. Q OF policy:C3.3.2.1 Objectives's subsection a)To promote the consolidation of residential development on full municipal p services in the Hawkestone area.&d)To promote the development of uses that require full municipal services to be cost- U) effective.should be modified because the full municipal services in the Hawkestone area will not be available within the o foreseeable future. N N OF policy:C3.3.2.3 should be modified because the full municipal services in the Hawkestone area will not be available within o the foreseeable future. D OF policy:C3.3.2.4 Hawkestone Expansion Area should designate all or at least the portion we own(Roll:434601001043200 Q &434601001122700)in Hawkestone Expansion Area to Hawkestone Residential without the process of the Secondary Plan. m Also,the new policy should permit some new lots to be created for retirement village project.Section C3.3.2.5 should be removed as no secondary plan scheduled. u? 86 Hang Gao Would like to change part b)of subsection 3 of Section 4.13 Special Needs Housing in the Draft OF by adding"Township local No change recommended to Draft 2 ? 1667 Ridge Rd E road".This would change"b)the site has access and frontage onto an Arterial or Collector mad as shown as Schedule D1 to The transportation system outlined in the Draft OF includes a p 2022/05/14 this Plan"to the edited version here,"b)the site has access and frontage onto an Arterial or Collector road or Local road as hierarchy of roads for planning for the safe and efficient m shown as Schedule D1 to this Plan." movement of people and goods and access to convenient 20 transportation options.Township local roads are intended to 1 Basis: discourage through traffic,major traffic volumes and major D - They own 2 properties within the Rural Settlement Area of Hawkestone,about 150 acres in total.They want to develop goods movement.Special Needs Housing is more appropriate O Special Needs Housing. to be located on Arterial or Collector roads that can - properties have frontage on Ridge Rd E. accommodate majortraffic volumes. _ - this portion of Ridge Rd E is defined as Township local road according to Schedule D1 of the draft OP,which isn't m included in the Special Needs Housing section-0 m - Plan conforms to the Recommendations from the Age-Friendly Action Plan forthe Township of Oro-Medonte,dated _ m October 2016. p - Both Simcoe County and Township of Om-Medonte have Age-Friendly community plan to support senior people's life. < o - The draft OF contradicts this age-friendly attitude in this circumstance m w - It will benefit seniors and people with special housing needs. 1 O m U) m 2 o' updated June 29,2022 Page 26 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,s_li,Fume COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 87 Hang Gao Would like Ridge Road E between line 11 and 13 S to be re-designated from Township Local Road to Township Collector No change recommended to Draft 2 1667 Ridge Rd E Road in Schedule D1. Draft OF Schedule D1 Transportation implements the 2022/05/14 Township's Road Network Plan which identifies Ridge Road Basis: East between Lines 11 and 13 as a Local Road. - OF Schedule D1 shows that every major road with leveling direction is either a County road or a Township collector road.Ridge Rd E changes from County road suddenly to Township local road starting from Line 11 S. - Woodland Dr.is designated Township Collector Road,but they believe it carries far less traffic than Ridge Rd E.They believe that while Woodland Dr.caters to residents on the south side of Woodland Dr.,while the portion of Ridge Road E between lines 11 and 13 S support traffic from both sides of Lakeshore Rd E,Shoreline Dr,Forest Wood Ln,and Lakewood Ct. 88 Hang Gao "By the way,would you please let us know where we can find Schedule B of this plan?Because Schedule B was mentioned in Change recommended to Draft 2 1667 Ridge Rd E sections 2.13.1,2.13.5,and some other parts of the draft plan." The reference to Schedule B in Section 2.13 has been changed 2022/05/14 to Schedule C iT 89 Hang Gao Would like to change Draft OF policy part 2 of 4.2.4 Private Communal Water and Wastewater Systems to permit their long- No change recommended to Draft 2 p 1667 Ridge Rd E term care homes to use a private communal water and wastewater system'without the approval of an OF amendment right An Official Plan Amendment is required for any development U) 2022/05/16 after this OF is approved." that is proposing private communal water and wastewater o systems to ensure that all regulatory requirements(to the N Basis: satisfaction ofthe Township and the Ministry of Environment, - Draft OF policy 2.4.2 Permitted Uses allows the Special needs housing development(from policy 4.13 Special Needs Conservation and Parks)are met. o Housing) - According to section 22 of Planning Act,we can only start the process of OF amendment after 2 years of this OF be D approved.The time of an OF amendment from start to finish may be 1-2 years or longer.Thus,there are 4 to 5 years Q before we can apply for a private communal water and wastewater system for the project of long-term care facilities m and retirement homes. - They believe that policy part 2 of 4.2.4 of the draft OF is conflict with PPS,Simcoe County's OF and other policies of this draft plan since they all encouraged development of Special needs housing. s l7 m 0 D O m m o m _ m � m N < O � a O W O O U) O n updated June 29,2022 Page 27 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Comment & Response Matrix Appendix A f !'rood Hnimge,Esriting F.— COMMENT FROM/ADDRESS SUMMARY OF COMMENTS RESPONSE 90 Charlotte Knegt,Simcoe Muskoka Would like to see several goals and objectives from the SMDHU Healthy Community Design—Policy Statements for Official No change recommended to Draft 2 District Health Unit Plans into draft two of the OF -the Township's Road Network Plan will identify opportunities 2022 06 03 -create physical environment that provides opportunities for safe daily physical activity to include"Share the Road"signage on cycling routes. -increase availability of healthy food for all residents -additional comments may be more appropriately addressed in -create a physical form within communities that encourages social interaction,promotes social capital and sustains the well- the Road Network Plan being of all residents Change recommended to Draft 2 -staff will review opportunities to include additional language or clarification in Sections 2.2 and 2.3 for small and medium sized food retailers,mobile food vendors and farmer's markets and for urban agriculture initiatives such as community gardens, edible landscaping and rooftop gardens in residential, commercial and institutional designations. Q No change recommended to Draft 2 p -Section 2.5 Agricultural permits agriculture-related uses which allows for a range of appropriate on-farm uses that contribute to 0 economically sustainable agriculture in the Township which in N turn facilitates broader access to local food and beverages,and agricultural products. o -Section 4.13 Special Needs Housing requires the Township to work with the County,local social services and providers of > housing for those people with special needs to assist in Q identifying lands suitable for special needs housing which will m include consultation and engagement. m s t7 m n D O m m o m _ m w < o m W o (D U) m 2 o' updated June 29,2022 Page 28 of 28 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Appendix B _ mshfp Official Plan Open House Comment Summary Table C4 T hip Proud Hnifage,E—fi,F.— Organization/Member ofthe Summary of Comments RESPONSE Jeff Bolichowski Comment on policies on architectural control and urban design guidelines,pleased to see some of these policies in the Draft Staff will review the draft OP to determine if additional OP for new plans of subdivision,great steps towards ensuring community character is preserved as we go forward with new architectural control/urban design policies are appropriate for developments.Recommends the OP could delineate a basic level of built form standards as a baseline case for future design inclusion. policies,particular goal should meet a few objectives,any design document should be asking new buildings to respect and enhance the sense of waste created by existing development and also hope to see these documents looking at building materials in the community,focus on durable,longevity and resilience building material.People should be able to look at these developments and be proud that it is part of the community. Plan has policy language to encourage use of permeable pavement where appropriate,wants this to be stronger policy. Language for Site Plan Control is important for urban design guidelines to have teeth behind the policy. Q l7 N O N N O D o_ in r m s (D m n D O m m o m _ m � m A < O (D W O W (D O U) rD n' updated June 20,2022 Page 1 of 4 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Appendix B _ mshfp Official Plan Open House Comment Summary Table C4 T hip Proud Hnifage,E—fi,F.— Organization/Member ofthe Summary of Comments RESPONSE Josephine Martensson-Hemsted, Looking at County maps and puzzled at some of the natural heritage designations that are imposed on the maps with little The County is undertaking a MCR review process which 354 Line 8 South explanation.Areas that have been dry and now suddenly they are green.Local farmers don't know what the natural heritage includes mapping refinements to the natural heritage system designation means and what impact it'll have on their farming operations,example if they want to clear a fence row of trees or and agricultural system.We are encouraging residents to construct a new agricultural building.Don't know why some agricultural lands are being removed and others are being added. contact the County as these are decisions that will be made by the County on both the natural heritage system and the Question of proposed Orillia settlement boundary expansion and how it effects the Township and employment lands that could agricultural system mapping.This is based on the mapping that potentially be lost.Could this be mitigated? the Province has provided to the County in terms of where these locations should be.There is criteria the County is using On the lands surrounding the airport,is there some allowance to allow for airport commercial designation so people that are to refine the natural heritage system and agricultural system. trying to set up operations that is in character with the airport they don't have to apply for Minister Zoning Orders,so that they Our draft OP falls in line with the Provincial and County are a natural spinoff ofthe airport. requirements as a lower tier municipality and is required to conform to those policies. l7 City of Orillia has provided an update to their timeline and their U) approach in reconsidering density and intensification within their o boundaries.At this time they have identified a study area both N in Oro-Medonte and Severn,they are doing additional work.We don't know where their preferred land area is for future o expansion/annexation;they don't anticipate to have the rest - technical work to detennine the preferred land area completed D until the end of this year and they will complete their Official Q Plan amendment early into next year.Oro-Medonte's OP is a in conformity exercise we're not able to considerwhat those future r- impacts will be because we don't know the specific land area. When we do know the impact of this on Oro-Medonte,we will s then have an ability to understand the implications from a commercial,industrial,residential,agricultural and aggregate basis and able to address those existing permissions that were 0 there and reallocate them,but until then we don't know what the loss will be and not in a position to adjust the allocation n somewhere else at this time. y O The Township went through an Employment Land Strategy that p identified the need for additional lands to be designated and certain lands in the vicinity of Lines 6 and 7 along Highway 11 c0i and along Line 7 near the airport to make use of the airport to 0 m ensure that other commercial/industrial and employment land uses would be permitted.The Zoning By-law Review would m u, consider zoning those lands to be as ready as possible for m ° development. o w -a (D U) m 2 o' updated June 20,2022 Page 2 of 4 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Appendix B _ mshfp Official Plan Open House Comment Summary Table C4 T hip Proud Hnifage,Es fi,F.— Organization/Member ofthe Summary of Comments RESPONSE Victoria Lemieux,Morgan Planning Question on if the draft OP contains any speck criteria for low density and medium density policies forthe Horseshoe Valley The Draft OP and associated mapping identifies areas &Development Settlement Area. designated low density and medium density in Horseshoe Is there an update on the servicing capacity for this area? Valley Settlement Area. The policies as they stand in Horseshoe Valley have not been revised to reflect the future full servicing and future potential intensification as noted in the Craighurst Horseshoe Corridor Master Servicing Plan,they recognize the existing permissions and uses.It will be considered in the next OP Review update. Peter Lavoie,105 Lakeshore Road Would like a"black line"review document to summarize the amendments and their rationale regarding the new OP. Since the Township's current Official Plan was adopted in 1997, East Regarding Section 4.17 Commercial Accommodations,recommend that it be clear that STR's are not permitted in residential there have been significant changes to planning policy at the designations.B&B provisions no longer have a requirement for a site-specific rezoning application in residential zones, Provincial and County levels including:release of two(2)new Q disregarding the need for the owner to be on the premises,offer breakfast,or control the property and users.More robust Growth Plans,Amendment 1 to the Growth Plan,a new language would be better. Provincial Policy Statement,South Georgian Bay Lake Simcoe Source Protection Plan,and the Lake Simcoe Protection Plan and the County of Simcoe adopted its most recent Official Plan 0 in December 2016.The draft Official Plan has been developed N to conform to the Provincial policies and the County of Simcoe's o Official Plan.A"black line"review document is not possible as this is a"new Official Plan"and not an amendment to the y existing Official Plan. Q Commercial accommodations(short-term rentals/STRs)are not m permitted in any land use designation.Section 4.17 of the draft OP is a placeholder until such time as the written decision from the Ontario Land Tribunal is released and will be updated with ? draft policy language to be incorporated into the 2n1 draft. p m B&B's shall be permitted as of right in the implementing Zoning By-law where permitted in the appropriate land use designations.Site Plan Control will be required to detail D appropriate performance standards for B&B's.The Draft OP 0 has been updated to require that B&B's must be the principal residence and occupied on a full-time basis by the owner of the _ dwelling and that at least one bedroom must be available in the m dwelling for the exclusive use of the building's permanent o m resident. _ m � m Charlotte Knegt,Simcoe County Would like to see small-scale food processing facilities and distribution centres in the Agricultural designation,urban There are permissions in the Settlement Area policies that do m ° District Health Unit agriculture initiatives such as community gardens in settlement areas and small/medium sized food retailers/grocery stores, allow for food retailers,we will look at language to ensure o mobile food vendors and farmers markets to be permitted in settlement areas they're clearer.Regarding small scale-food processing facilities 'a in other areas,there are general provisions in some ofthe rural designations,but we will look at the language and what 3 specifically is allowed. m 2 o' updated June 20,2022 Page 3 of 4 N TOWNSHIP OF ORO-MEDONTE Official Plan Review Appendix B _ mshfp Official Plan Open House Comment Summary Table C4 T hip Proud Hnifage,E—fi,F.— Organization/Member ofthe Summary of Comments RESPONSE Kim Kosari,Horseshoe Valley Comments will be accepted to June 3?If anyone has comments afterthat will they be ignored? Reason forthe June 3 comment deadline is that it aligns with This Plan is different than the current plan,any plans for the Township to protect the Oro Moraine? comments to be received from agencies on the Draft OP.You can still submit comments after that and they will be considered Where does the County get the information for settlement areas and what constitutes? in subsequent draft documents. When the OP was done in 1997 there was a different level of Provincial and County protection for natural heritage features. The PPS,Growth Plan and County OP have different recognition of greenlands and permissions that provide an added level of protection for the Oro Moraine feature and natural heritage system that wasn't there historically.The policies for the Oro Moraine haven't been lessened or become less restrictive,the overall Provincial framework,source water p protection,natural heritage through the Growth Plan has U) elevated those policies to do a better job of protecting and now o these policies are applying Township wide. N The Growth Plan has policies for growth management that o relate to Simcoe County specifically.Based on Provincial - policies,the County will create a hierarchy of settlement areas D (Primary Settlement Areas,Settlement Areas,Rural Settlement Q Areas) n Linda Wells,22 Simcoe Road, Question on removal of lands from natural heritage system mapping County is refining the Natural Heritage System mapping CD Rescue Lake Simcoe Coalition through their MCR and will be implemented at the County level. (' A further review of the Township's Official Plan will be ? completed once the County has completed the MCR. p m n D O m m o m _ m � m J < O CD W O W CD O U) CD n updated June 20,2022 Page 4 of 4 N