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09 07 2022 Development Services Committee Agenda
The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Township of Proud Heritage, Exciting Future Wednesday, September 7, 2022 5:30 p.m. Effective Monday, March 28, 2022, all Township facilities are open to the Public for Customer Service (all meetings to remain virtual) with safety measures in place including social distancing and discretionary masks/face coverings. Residents and business owners are encouraged to continue to utilize online and telephone services for Township related business; and staff continue to be available to provide assistance by telephone or email. Input on agenda items are welcome and encouraged. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings during a declared emergency. Protocols have been established to advise how to participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Participation Form • Protocols for Public Participation Council and IDS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. Opening of Meeting: 2. Agenda Approval: Page 1 of 219 a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 22 a) Minutes of Development Services Committee meeting held on Thursday, July 7, 2022. 5. Public Meetings: None. 6. Public Hearings: 23 - 49 a) 5:35 p.m. DS2022-116, Oliver Ward, Planning Student re: Minor Variance Application 2022-A-47, Jennifer & Brent Cameron, 2253 Lakeshore Road East. 50 - 71 b) 5:45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Development Services re: Consent Application 2022-B-10, Victor Parsons, 342 Tudhope Blvd. 72 - 102 c) 5:55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-24 and Minor Variance Application 2022-A-48 by Paula Beech & Brian Beatty, Concession 4 Part Lot 1 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro). 103 - 138 d) 6:05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-49 and Consent Application 2021-B-29 Revised, 12 West Holdings Inc., 1750 Warminster Sideroad. 139 - 158 e) 6:15 p.m. DS2022-119, Andria Leigh, Deputy CAO/Director, Development Services re: Consent Application 2022-B-26 Saeed Rahbar, Concession 1 , Plan 1 E Pt Lot 15 (Oro) 69 Barrie Terrace. 159 - 179 f) 6:25 p.m. DS2022-115, Danielle Waters, Planner re: Minor Variance Application 2022-A-50, James Taylor, 4885 Line 6 North. 180 - 207 g) 6:35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-27 and Minor Variance Application 2022-A-51 by Roderick Charlton, 3324 Line 4 North. 7. Reports of Municipal Officers: 208 - 218 a) DS2022-114, Danielle Waters, Planner re-Minor Variance Application 2022- A-30, The Timbersmith Log Construction Ltd., 2245 Horseshoe Valley Road West. b) DS2022-121, Derek Witlib, Manager, Planning Services re: Planning Division Activity Summary (Development Applications, Planning, GIS, and Heritage Page 2 of 219 Committee Projects) April 2021 - August 2022 [te be dic+rib tee to be brought forward to September 14, 2022 Council Meeting]. 8. Communications: 219 a) Correspondence dated August 18, 2022 from Doug Humphries re: Request for Return of $700.00 Application Fee, Minor Variance Application 2022-A- 40, Hand. 9. Next Meeting Date: Wednesday, October 5, 2022. 10. Adjournment: a) Motion to Adjourn. Page 3 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... The Township of Oro-Medonte (w Development Services Committee Minutes Township of tPi Electronic Meeting Proud Heritage,Exciting Future Thursday, July 7, 2022 5:35 p.m. Present: Mayor H.S. Hughes Councillor Ian Veitch Deputy Mayor Ralph Hough Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw ',? Staff Andria Leigh, Deputy CAO/Director, Development Services; Andy Present: Karaiskakis, Senior Planner; Danielle Waters, Planner, Michael Barton, Township Planning Consultant; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician, (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: ULhh', it Mayor H.S. Hughes assumed the Chair at the above-noted time and called the meeting to order. Nk 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC220706-1 Moved by Scott, Seconded by Keane It is recommended that the agenda for the Development Services Committee meeting of Thursday, July 7, 2022 be received and approved. Carried. Page 1 of 19 Page 4 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. 3. Disclosure of Pecuniary Interest: Councillor Veitch declared a conflict of interest on Item 6i) 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) as he indicated a close family member was a recent employee of Vetta Spa, and Vetta Spa is the recipient of the boundary adjustment from Skyline. Councillor DeSousa declared a conflict of interest on Item 10g) DS2022-102, Andria Leigh, Deputy CAO/Director, Development Services re: Minor Variance Application 2022-A-44, Tamara DeSousa, 29 Barrie Terrace as she indicated she is the owner of this property, therefore she indicated a conflict of interest. 4. Approval of Minutes: C '. , %" a) Minutes of Development Services Committee meeting held on Wednesday, June 1 , 2022. "t 'N Motion No. DSC220706-2 Moved by Hughes, Seconded by DeSousa It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, June 1, 2022 be received and approved as printed and circulated. Carried. Page 2 of 19 Page 5 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. 5. Public Meetings: a) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, 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]. Mayor H.S. Hughes called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Lise Brunelle. The following correspondence was received: Severn Sound Environmental Association dated June 8, 2022; Enbridge Gas Inc. dated June 14, 2022; Township of Oro-Medonte, Building Division dated June 22, 2022; County of Simcoe, Transportation and Engineering dated June 22, 2022. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Lise Brunelle, applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. Page 3 of 19 Page 6 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. b) 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.). Mayor H.S. Hughes called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Eagles Landing Estates Ltd. The following correspondence was received: Canada Post Corporation dated June 3, 2022; Bell Canada dated June 6, 2022; Simcoe Muskoka Catholic District School Board dated June 6, 2022; Township of Oro-Medonte, Operations Division dated June 9, 2022; Enbridge Gas Inc. dated June 10, 2022; Hydro One Networks Inc. dated June 15, 2022; Simcoe County District School Board dated June 20, 2022; Don Gregor dated June 21, 2022; John Fawcett dated June 28, 2022; Rick Boyd dated June 24, 2022; Township of Oro-Medonte, Director, Environmental Services and Manager, Development Engineering dated June 28, 2022; Jennifer and Chris Stone dated July 4, 2022; Mikaela Jacobs dated July 5, 2022; Dianne and David Pearson dated July 5, 2022; Charlie Giffin dated July 6, 2022; Jessica Mawson on behalf of Brad Hickling and Peter Caldwell dated July 6, 2022; County of Simcoe, Planning Department dated July 6, 2022; Ashleigh and Bryan Price dated July 5, 2022. Michael Barton, Township Planning Consultant, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Brandi Clement, Jones Consulting Group Ltd., on behalf of the applicant, was present. A PowerPoint presentation was presented. The following presented public comments: Jessica Mawson indicated she had no other comments other than what was submitted in her written correspondence. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. Page 4 of 19 Page 7 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. 6. Public Hearings: a) DS2022-095, Danielle Waters, Planner re: Minor Variance Application 2022-A-30 by The Timbersmith Log, 2245 Horseshoe Valley 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 The Timbersmith Log. The following correspondence was received: CP Proxmity Ontario dated June 16, 2022; Township of Oro-Medonte, Manager, Development Engineering dated June 16, 2022; Township of Oro-Medonte, Operations Division dated June 16, 2022; Township of Oro-Medonte, Building Division dated June 22, 2022; Nottawasaga Valley Conservation Authority dated July 6, 2022. 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. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220706-3 Moved by Greenlaw, Seconded by Scott It is recommended 1%, 104k 1. That DS2022-095, Danielle Waters, Planner re: Minor Variance Application 2022-A- 30 by The Timbersmith Log, 2245 Horseshoe Valley Road West 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. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 19 Page 8 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. b) DS2022-098, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-39, Sharon & Roy Watson, 160 Line 7 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 Sharon & Roy Watson. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated June 16, 2022; Township of Oro-Medonte, Operations Division dated June 16, 2022; Township of Oro-Medonte, Building Division dated June 22, 2022. Air Andria Leigh, Deputy CAO/Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Sharon and Roy Watson, applicants, were present. Staff confirmed that no additional public registrations were received. 7 Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220706-4 1% "4% — Moved by Keane, Seconded by_Veitch It is recommended 1. That DS2022-098, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-39, Sharon & Roy Watson, 160 Line 7 South 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. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 19 Page 9 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. c) 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). 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 John Hand. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated June 17, 2022; Township of Oro-Medonte, Operations Division dated June 17, 2022; Township of Oro-Medonte, Building Division dated June 22, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Doug Humphries, 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 were received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220706-5 Moved by DeSousa, Seconded by Greenlaw IVIt is recommended 1 . That 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) 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 DS2022-096. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 19 Page 10 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. d) DS2022-103, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-41, Siobhan Ducette, 320 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 Siobhan Ducette. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated June 17, 2022; Township of Oro-Medonte, Operations Division dated June 21, 2022; Township of Oro-Medonte, Building Division dated June 22, 2022; Lake Simcoe Region Conservation Authority dated June 24, 2022. Andria Leigh, Deputy CAO/Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Siobhan Ducette, applicant, was present. Staff confirmed that no additional public registrations were received. 'MokStaff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220706-6 Moved by Veitch, Seconded by Greenlaw It is recommended 1. That DS2022-103, Michael Barton, Township Planning Consultant re: Minor Variance Application 2022-A-41, Siobhan Ducette, 320 Lakeshore Road East 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 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. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 19 Page 11 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. e) DS2022-099, Catherine McCarroll, Intermediate Planner re- Minor Variance Application 2022-A-42, Aleisha and Lisa Devoe, 1039 Line 6 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 Aleisha and Lisa Devoe. The following correspondence was received- Township of Oro-Medonte, Manager, Development Engineering dated June 16, 2022; Township of Oro-Medonte, Operations Division dated June 16, 2022; Township of Oro-Medonte, Building Division dated June 22, 2022; Ian Kay dated June 30, 2022; Derek Tavares dated July 4, 2022. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Amanda Mischitelle, on behalf of the applicant, was present. Marco and Tiny Gonzalez, applicants, were present. Staff confirmed that no additional public registrations were received. b, Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the hearing adjourned. Page 9 of 19 Page 12 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. Motion No. DSC220706-7 Moved by Scott, Seconded by Keane It is recommended 1. That DS2022-099, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-42, Aleisha and Lisa Devoe, 1039 Line 6 North be received 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 approved subject to the conditions as outlined in Report DS2022-099. 3. The conditions are as follows: a) That notwithstanding Table B4 (a) and Table Al, the hobby farm (barn and manure storage) shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed barn and manure storage be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee, and, c) 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. Carried. Recorded Vote Requested by Councillor Scott Councillor Scott Yea Councillor Veitch Nay Councillor DeSousa Yea Councillor Greenlaw Nay Deputy Mayor Hough Yea Councillor Keane Yea Mayor H.S. Hughes Yea Page 10 of 19 Page 13 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. f) DS2022-097, Danielle Waters, Planner re: Minor Variance Application 2022-A-43, Sarah and Gehard Peysar, 3122 Townline. 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 Sarah and Gehard Peysar. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated June 16, 2022; Township of Oro-Medonte, Operations Division dated June 16, 2022; Township of Oro-Medonte, Building Division dated June 22, 2022. Aff Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Sarah and Gehard Peysar, applicants, were present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220706-8 1% Moved by Greenlaw, Seconded by DeSousa' It is recommended %&, 1. That DS2022-097, Danielle Waters, Planner re: Minor Variance Application 2022-A- 43, Sarah and Gehard Peysar, 3122 Townline 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 DS2022-097. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Unanimously Carried. Page 11 of 19 Page 14 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. g) DS2022-102, Andria Leigh, Deputy CAO/Director, Development Services re: Minor Variance Application 2022-A-44, Tamara DeSousa, 29 Barrie Terrace. Councillor DeSousa declared a conflict of interest on Item 10g) DS2022-102, Andria Leigh, Deputy CAO/Director, Development Services re: Minor Variance Application 2022-A-44, Tamara DeSousa, 29 Barrie Terrace as she indicated she is the owner of this property, therefore she indicated a conflict of interest. Councillor DeSousa turned off her video and did not discuss or vote on the item. 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 Tamara DeSousa. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated June 20, 2022; Bell Canada dated June 23, 2022; Township of Oro-Medonte, Building Division dated June 24 and 28, 2022; Lake Simcoe Region Conservation Authority dated June 24, 2022; Anna and Andrew Jedrzejewski dated July 4, 2022. Andria Leigh, Deputy CAO/Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Matt Pryce and Rick Ecker, on behalf of the applicant, were present. The following presented public comments; Anna Jedrzejewski commented there concerns were addressed regarding the logistical issues. Comments were provided on their shoreline which was done before they purchased their property. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. I%f Page 12 of 19 Page 15 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. Motion No. DSC220706-9 Moved by Hough, Seconded by Greenlaw It is recommended 1. That DS2022-102, Andria Leigh, Deputy CAO/Director, Development Services re: Minor Variance Application 2022-A-44, Tamara DeSousa, 29 Barrie Terrace 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 DS2022-102. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Recorded Vote Requested by Councillor Sc Councillor Scott Yea Councillor Veitch Yea Councillor Greenlaw Yea Deputy Mayor Hough Yea Councillor Keane Yea Mayor H.S. Hughes Yea Page 13 of 19 Page 16 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. h) DS2022-104, Derek Witlib, Manager, Planning Services re- Minor Variance Application 2022-A-45 by Jamie and Michelle Christie, 115 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 Jamie and Michelle Christie. The following correspondence was received- Township of Oro-Medonte, Manager, Development Engineering dated June 16, 2022; Township of Oro-Medonte, Operations Division dated June 16 and 28, 2022; Lake Simcoe Region Conservation Authority dated June 20, 2022; Township of Oro-Medonte, Building Division dated June 22, 2022; Susan Bradley dated June 30, 2022. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Susan Bradley, on behalf of the applicant, was present. Michelle Christie, applicant, was present. NEL ANEW Staff confirmed that no additional public registrations were received. b, Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220706-10 Gh,-A Moved by Veitch, Seconded by Hough' It is recommended 'NL 1. That DS2022-104, Derek Witlib, Manager, Planning Services re- Minor Variance Application 2022-A-45 by Jamie and Michelle Christie, 115 Lakeshore Road East 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 DS2022-104. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 14 of 19 Page 17 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. i) 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). Councillor Veitch declared a conflict of interest on Item 6i) 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) as he indicated a close family member was a recent employee of Vetta Spa, and Vetta Spa is the recipient of the boundary adjustment from Skyline. Councillor Veitch turned off his video and did not discuss or vote on the item. 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 Skyline Investments Inc. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated June 16, 2022; Enbridge Gas Inc. dated June 21, 2022; Township of Oro-Medonte, Building Division dated June 22, 2022; Township of Oro-Medonte, Operations Division dated June 24, 2022; Nottawasaga Valley Conservation Authority dated July 4, 2022; County of Simcoe, Planning Department dated July 5, 2022. it "N% Andria Leigh, Deputy CAO/Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Derrick Canete, 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 were received during this meeting. There being no further comments or questions, the hearing adjourned. I%f Page 15 of 19 Page 18 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. Motion No. DSC220706-11 Moved by DeSousa, Seconded by Keane It is recommended that Consent Application 2022-B-22 by Skyline Investments Inc. Concession 3 Part Lots 1 and 2 Reference Plan 51 R9949 Part 1 (Oro) be deferred to allow a better understanding of Consent Application 2022-B-22. Defeated. Recorded Vote Requested by Councillor Keane Councillor Keane Yea Councillor Scott Nay Councillor DeSousa Yea Councillor Greenlaw Nay Deputy Mayor Hough Nay Mayor H.S. Hughes Nay Motion No. DSC220706-12 Moved by Greenlaw, Seconded by Scott K It is recommended VOL 1. That 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) 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 DS2022-100. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Recorded Vote Requested by Councillor Greenlaw Councillor Greenlaw Yea Deputy Mayor Hough Yea Councillor Keane Nay Councillor Scott Yea Councillor DeSousa Nay Mayor H.S. Hughes Yea Page 16 of 19 Page 19 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. j) DS2022-105, Michael Barton, Township Planning Consultant re: Consent Application 2022-B-23 by Diane Marcellus, 5005 Vasey 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 Diane Marcellus. The following correspondence was received- Township of Oro-Medonte, Manager, Development Engineering dated June 17, 2022; Township of Oro-Medonte, Operations Division dated June 17, 2022; Township of Oro-Medonte, Building Division dated June 22, 2022; Bell Canada dated June 23, 2022; Enbridge Gas Inc. dated June 23, 2022; County of Simcoe, Planning Department dated July 5, 2022. Andy Karaiskakis Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Angela Baldwin, on behalf of the applicant, was present. Diane Marcellus, applicant, was present. NEL ANEW Staff confirmed that no additional public registrations were received. b, Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC220706-13 Moved by DeSousa, Seconded by Scott It is recommended 'I%L 1. That DS2022-105, Michael Barton, Township Planning Consultant re: Consent Application 2022-B-23 by Diane Marcellus, 5005 Vasey Road 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 DS2022-105. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature Unanimously Carried. Page 17 of 19 Page 20 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. Motion No. DSC220706-14 Moved by Hough, Seconded by DeSousa It is recommended Rule 14.19a), as per the consolidated Procedural By-law No. 2017- 165, be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement. Carried. 7. Reports of Municipal Officers: 4t 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]. Motion No. DSC220706-15 Moved by Veitch, Seconded by DeSousa It is recommended %47� 1 . That 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 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 appropriate draft By-law be brought forward for the Council's consideration. 4. That the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. Carried. Page 18 of 19 Page 21 of 219 4.a) Minutes of Development Services Committee meeting held on Thursday,... Development Services Committee Meeting Minutes — Thursday, July 7, 2022. b) DS2022-101 , Andria Leigh, Deputy CAO/Director, Development Services; and Andy Karaiskakis, Senior Planner re: Official Plan Review - Comment Summary and Next Steps. Motion No. DSC220707-16 Moved by DeSousa, Seconded by Scott It is recommended 1. That DS2022-101 , Andria Leigh, Deputy CAO/Director, Development Services; and Andy Karaiskakis, Senior Planner re: Official Plan Review - Comment Summary and Next Steps 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. 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. Carried. 8. Next Meeting Date: Wednesday, September 7, 2022. 9. Adjournment: a) Motion to Adjourn. VIEW 14016k Motion No. DSC220706-17 Moved by Veitch, Seconded by Keane' It is recommended that we do now adjourn at 9.29 p.m. 'W Carried. Mayor H.S. Hughes, Chair Andria Leigh, Deputy CAO/Director, Development Services Page 19 of 19 Page 22 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re: Minor Varia... Township of p Re o rt 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-116 Development Services Oliver Ward Committee Student Planner Meeting Date: Subject: Motion # September 7, 2022 Minor Variance Application 2022-A-47 Roll #: Jennifer & Brent Cameron R.M.S. File #: 4346-010-012-10300 2253 Lakeshore Road East D13 60735 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-116 be received and adopted. 2. That Minor Variance Application 2022-A-47 by Jennifer & Brent Cameron, specifically to permit a variance from the required front yard of 7.5 metres (24.6 feet) to 1.83 metres (6.0 feet) to accommodate an existing detached accessory building (shed), on land municipally known as 2253 Lakeshore Road East, be approved, subject to the conditions as outlined in Report DS2022-116. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1 .7 (a) of the Zoning By-law 97-95, the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the 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 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 on the front and interior property lines, or replace with a similar vegetative buffer if destroyed; e) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify that the detached accessory building is no closer than 1 .83 metres (6.0 feet) from the front lot line; f) That the appropriate Zoning Certificate and Building Permit be obtained 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 September 7, 2022 Report No. DS2021-116 Page 1 of 15 Page 23 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re: Minor Varia... Background: The subject property has a lot area of 0.14 hectares (0.35 acres), according to MPAC records, and contains a single detached dwelling with an area of 148 sq. m. (2052 sq. ft.), a boathouse with an area of 27.6 sq. m. (298.0 sq. ft.), and an attached garage with an area of 44.6 sq. m (480.0 sq. ft.). 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 legalize an existing detached accessory building (shed) and are seeking relief to the following section of Zoning By-law 97-95: 5.1.7 (a) - Detached Accessory Buildings Less than 10 Square Metres (107.6 Square Feet Required: Proposed: 1 .83 metres (6.0 feet)front yard Not be located in the required front yard setback (7.5 metres or 24.6 feet) The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the detached accessory building (shed) will not impact the natural features or functions. Planning Staff is of the opinion that this application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the detached accessory building (shed) is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Development Services September 7, 2022 Report No. DS2021-116 Page 2 of 15 Page 24 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re: Minor Varia... The lands subject to this application 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 detached accessory building (shed) conforms to the Growth Plan as the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the detached accessory building (shed) is consistent with the LSPP as the detached accessory building (shed) will be located further from Lake Simcoe than the existing dwelling and it is not anticipated to have any adverse impact on the Lake Simcoe shoreline. The Lake Simcoe Region Conservation Authority (LSRCA) has reviewed the application and determined that the minor variance application is generally consistent with, and in conformity with the hazard policies of the Provincial Policy Statement, and other applicable Provincial, and Local Plans. On this basis, they recommended approval of this application. Since the detached accessory building (shed) is located outside the regulated area, an LSRCA permit is not required. The LSRCA's full comments are included as Schedule 5 to this report. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development. In Planning Staff's opinion, the detached accessory building (shed) generally conforms with the County's Official Plan as the proposed detached accessory building (shed) 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 Development Services September 7, 2022 Report No. DS2021-116 Page 3 of 15 Page 25 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re: Minor Varia... 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? 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, such as detached accessory buildings. Therefore, based on the above, the requested variance pertaining to the detached accessory building (shed) 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 Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. Single detached dwellings and by extension accessory uses to the residential use are permitted in the SR Zone. The applicants are proposing to keep their detached accessory building within the required front yard and are seeking relief from the Zoning By-law to allow a decrease in this required yard. The slab for the building has been poured and the building has been constructed. The primary purpose of a front side yard setback is to provide separation from the road and space for such features and functional matters such as parking, septic system, landscaped space, an attractive and consistent arrangement of buildings along the street and access and maintenance around buildings and structures. The proposed use of the building as a shed for personal storage and its design will remain subordinate in its use and appearance to the main residential use on the lot and fit within the required size restrictions. The setback will provide enough room for maintenance, and the natural vegetation buffer will reduce any significant impact on the neighbourhood aesthetic. Planning Staff conducted an inspection of the subject lands and of the streetscape in the immediately surrounding area and noted that this section of Lakeshore Road East includes several properties with accessory buildings of various sizes located in their front yards. As a result, it is Planning Staff's opinion that the applicant's accessory building will not look out of place or detract from the attractive character of this neighbourhood. 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. Development Services September 7, 2022 Report No. DS2021-116 Page 4 of 15 Page 26 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re: Minor Varia... Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the detached accessory building (shed) to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff identified that the roof of the detached accessory building (shed) would be visible from the road and the neighbouring properties, but Staff do not believe that there will be any negative impacts on these properties. Additionally, there is a mature vegetative buffer located along the north (front) and east (interior) property lines which assists with providing privacy elements for the neighbouring properties. The detached accessory building will not interfere with functional matters such as parking and the septic system, which is located on the rear side of the property. Due to the size of the lot, location of the house, septic, and well on the property, as well as the slope of the property, there leaves little room for a possible location for a shed. In addition, there are several properties which abut Lake Simcoe that have an accessory building located within the front yard. Due to the location of the property on Lake Simcoe and the location of the dwelling on the property, the front yard (as defined by the Zoning By-law) functions more like a rear yard, and the proposed location of the shed is considered by Staff to be appropriate on the lands. Due to the size of the accessory building, no building permit is required, however, Planning Staff are recommending as a condition of any approval the pinning of the foundation to ensure correct setbacks from the front lot line. A pinning report is to be submitted to Planning Staff with the submission of a Zoning Certificate. In order to maintain the existing character of the neighbourhood, Planning Staff recommend that condition (d) be applied, requiring that the applicants maintain and preserve the existing vegetative buffer along the front and interior side lot lines, or replace with a similar vegetative buffer if destroyed, to ensure that the accessory building remains screened from view from the neighbouring properties to the east and west of the subject lands. Due to the topography of the property and the existing vegetation along the front and interior side lot lines, it is Planning Staff's opinion that the proposed accessory building will not have an adverse impact on the neighbouring properties. For these reasons, Planning Staff are of the opinion that the proposed variance is considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the building is not anticipated to have an adverse impact on the neighbouring properties and it will not detract from the shoreline residential character of the lot. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Development Services September 7, 2022 Report No. DS2021-116 Page 5 of 15 Page 27 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re: Minor Varia... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection • Township Building Services — No objection • Township Infrastructure and Capital Projects — No objection • Lake Simcoe Region Conservation Authority — No objection, subject to the following condition: o That the LSRCA review fee of ($525) for the Minor Variance application be paid. Attachments: Schedule 1: Location Map Development Services September 7, 2022 Report No. DS2021-116 Page 6 of 15 Page 28 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re: Minor Varia... Schedule 2: Aerial Photo Schedule I Applicants Proposed Site Plan Schedule 4: Applicants Elevation Drawings Schedule 5: Lake Simcoe Region Conservation Authority's comments dated August 23, 2022. Conclusion: Based on Planning Staff's analysis of this application, it is Staff's recommendation that Minor Variance Application 2022-A-47 be approved, specifically to permit a reduced front yard setback of 1 .83 metres (6.0 feet) for an existing detached accessory building (shed) on lands municipally known as 2253 Lakeshore Road East, as the application meets the four tests of the Planning Act and conforms and is consistent with applicable Provincial, County and Township land use policies, and represents good planning. Respectfully submitted: Oliver Ward, Student Planner Approvals: Date Derek Witlib, RPP, Manager Planning Services September 1, 2022 Andria Leigh, MCIP, RPP Deputy CAO/Director Development Services September 2, 2022 Development Services September 7, 2022 Report No. DS2021-116 Page 7 of 15 Page 29 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re- Minor Varia... Schedule 1: Location Map W�A.6A�ip ad. � :2zs4 385 f� f •""1 ', 2272� 2261 - 1 2282 i2268 # '.2260\ 2258 2254 a 2256 l � 2252' 1 1 2250 y 2248'; 2246 2244 t 2240 '� y.�' 1 1 2238� = 12269 ly,." e 2230 2 2234 ',2238 1 l �C = Yt 2265 2287 1 2261 2259 2257 2251 t1 1 1 22 2249% 1 " 2245 i 2241 5if2243 12239'k ; 2233 2235 2237 l'229 ii 2231 � i y Location Subject Lands 7isu�ts[1ip�nf & Proud Heritage,F.xeireng Furur, 0 1a m Fife Number:2022-A-47 M I 1 1 1 Development Services September 7, 2022 Report No. DS2021-116 Page 8 of 15 Page 30 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re- Minor Varia... Schedule 2: Aerial Photo -MoansYnne.Rtl,J� 2262 1 12114 2258 2256 ,� no�esncevanevRd 2254 22 52 2250 uld-s�..le.Ra� 248 lo M `�Ridger0. r 2,2 Kes�o{e Rd � ya � 2265 2261 2259 4 2257 2255 22 225 J 2249 2.,2 2245 2.243 a Aerial Photo Township o Q Subject Lands Proud Heritage,Exciting Future o 100 m Re Number-2022-A-47 I I I I I Development Services September 7, 2022 Report No. DS2021-116 Page 9 of 15 Page 31 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re: Minor Varia... Schedule 3: Applicants Proposed Site Plan Lakeshore Road 1 ' T 1 I Ls�6T` �I fEkC I it 1 'r r o� Ill '2 Development Services September 7, 2022 Report No. DS2021-116 Page 10 of 15 Page 32 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re- Minor Varia... Schedule 4: Applicants Elevation Drawings Shed Elevation (Viewed from West to East) Shed Elevation Viewed from South to North Development Services September 7, 2022 Report No. DS2021-116 Page 11 of 15 Page 33 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re- Minor Varia... Schedule 5: Lake Simcoe Region Conservation Authority's comments dated August 23, 2022 Lake Simcioe Region conservation authority waww.LSJtGA,o n.ca Sent via e-mail: planning@oro-medonte.ca August 23,2022 Muni€ipaI File No_:2022-A-47 LSRCA file No-:VA-173858 Andy Karaiskskis Secretary-Treasurer Development Semices,Township ofOro-Medonte 148 Line 7 South Oro-Medonte,ON LOL 2E0 Dear Mr-Karaiskakis: Re: Application for Minor Variance 2253 Lakeshore Rd E Township of Oro-Medonte Owners:Jennifer& Brent Cameron Thank you for circulating the above-captioned application to the Lake Sim€oe Region Conservation Authority('LSRW)for review and comment- It is our understanding that the proponents,are proposing to accommodate and existing 10 square metre outdoor accessary buHding [shred) on a concrete pad constructed in the fall of 2021- The proponents are seeking relief from the following section of the Township of Oro-Medonte Zoning By-Iawt 97-95,as amended: 5.1.7(a)-Detached Accessory Buildings Less than 10 Square Metres(107.6 Squ.ere Feet) Required: Proposed: Not be located in the required front yard (7.5 1.83 metres(6.0 feet)front yard for shed metres or 24-6 feet) Documents Received and Reviewed by Staff Staff have received and reviewed the fallowing documents submitted with this application: ■ Notice of Public Hearing(dated August 12t' 2022) ■ Shed floor plan and survey 120 6ayview Parkway T 905.895,1281 Newmarket, Ontario L3Y 3VV3 F 905.853,5881 Membero' Conservation Onta'`n TF '-800.465.0437 Development Services September 7, 2022 Report No. DS2021-116 Page 12 of 15 Page 34 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re: Minor Varia... Lake Simcoe Region Page 2 of 4 Staff have reviewed this application as per our delegated responsibility:from the Province to represent provincial interests regarding natural hazards identified in Section S.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 179106_ LSRCA has also provided comments as per our M OU with our member municipalities representing matters pertaining to watershed planning, natural heritage and stormwater management. The application has also been reviewed through our role as a public Body under the Planning Act as per our CA Board approved policies_ Recommendation Based on our review of the submitted information, from a watershed management perspective, we confirm that LSRCA has no objection to the proposed minor variance subject to the following condition_ ■ Tha t the LSRCA revi ew fee($525.00)for the Minor Variance application be paid. Site Characteristics The subject property is located within the Township of Oro-Medonte and County of Simcoe. The property is designated as'Rural'within the County of Simcoe Official Plan, and is not located within an existing Settlement Area.The property is designated as'Shoreline'within the Township Official Plan and is zcned'Shoreline Residential (SR)'as per the Township's Zoning By-law 97-95. Existing mapping ind icates the following: ■ The subject property is partially regulated by the LSRCA under Ontario Regulation 179/06 for sh ore lin e flooding and erosion (including allowa nce for wave uprush and othe r wate r-rel ated hazards). Pieose note: LS'HCA staff havE not ottended any site awetings at this docotion reiate+d to the suL est oppiications. Development Services September 7, 2022 Report No. DS2021-116 Page 13 of 15 Page 35 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re: Minor Varia... Lake 5imcoe Region t_ :,i •. tip fi . ' , Page _ -if 1 2293 Lakeshwe Rd E,4?r04%danle t sMw�w h.en.F p UWrr.rw..akrnrr .—w"', La.d cec..n. — rwwnwser p u..yr w«ory 9 ti u+l fsJK MEOW— •nua 1F4r14?! �YqF VILM+M_ fi 9n ryf.�� M4���+4yFlrr•+c �y.yI�w�f+faW r���1s4y is Sl. i rf4F� .+ a T, a Delegated Responsibility and Statutory Comments: 1- LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). There are identified natural hazards on the subject lands (shoreline flooding and erosion hazards).This proposal is consistent with 3.1 of the PPS as the accessory building(shed) is located outside of the hazard areas- 2- LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches,pollution or the conservation of land are not affected_LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland- There are regulated elements on this site. The accessory structure (shed) is located outside of the area currently regulated by the LSRCA under Ontario Regulation 179/06, as such, a Development Services September 7, 2022 Report No. DS2021-116 Page 14 of 15 Page 36 of 219 6.a) 5.35 p.m. DS2022-116, Oliver Ward, Planning Student re: Minor Varia... Lake Rf-gion Page 4 of permit will not be required from the LSRCA- Should future development or site alteration be proposed within the LSRCA regulated portion of the property, a permit will be required from us in advance of municipal building permits and prior to works commencing. Summary Based on our review of the submitted information, from a watershed management perspective, we confirm that LSRCA has no objection to the proposed minorvariance subject to the following condition,. That the LSRCA review fee(S525.0€)for the Minor Variance application be paid. Given the above comments,it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated,and 2_ Ontario Regulation 179/06 does apply to the subject site. The existing access;-^r st°ructure(shed) pertaining to this Minor Variance application is located outside of the area c4r�e fitly regulated by the LSRCA under Ontario Regulation 179106_ Therefore, a permit from the LSRCA will not be required for the shed_Should development or site alteration be proposed in the future within the regulated portion of the property,a permit will be required from the LSRCA. Please inform this office of any decision made by the municipality with regard to this application. We respectfully request to receive a copy of the decision and notice of any appeals filed. Should you have any questions,please contact the undersigned(e.dias @Isrca_on.ca) Sincerely, /low -6-4 Emma Dias Junior Planning and MaturaI Heritage Analyst Development Services September 7, 2022 Report No. DS2021-116 Page 15 of 15 Page 37 of 219 Minor Variance Application 2022-A-27 (Cameron) v Location: 2253 Lakeshore Road East 0 Zoning: Shoreline Residential (SR) CD N O N Official Plan: Shoreline � Snote,Ra E � O C. Current Use: Residential -Ronson S,__ I1 Q L_ i � ®se7ea lane: � v � (D CD W 0 Q (D Otl- Praiir(Hrri�nRr,Ezrifing Ferli,rr 0 Minor Variance Application 2022-A-27 (Cameron) v Purpose: The applicants are proposing to accommodate an existing outdoor Cn accessory building (shed) on a concrete pad. The applicants are seeking relief 7 to the following section of Zoning By-law 97-95, as amended: o N 5.1.7 (a) - Detached Accessory Buildings Less than 10 Square Metres (107.6 Square Feet) Required: Proposed: Not be located in the required front yard (7.5 1.83 metres (6.0 feet) Front Yard for shed metres or 24.6 feet) 0 Z m v v =. v � (D CD m w C CO CL Township of Praiir(HrrinRr,Ezrifing Ferliirr O Minor Variance Application 2022-A-27 (Cameron) v Aerial Photo: _m. 2262Cn o aKesno�c. 0 N 0 0 121 Z 261 (D : 9 1211 v Q v =. v (Q m CD o Q p (D CO V1Y/G'p�f (D Pr—d Heritage,Exciting Fufurr 0 Minor Variance Application 2022-A-27 (Cameron) v Shed Site Overriew Applicants Site Plan: LakKML Fined East � 3 Fft'P1'eF' 0 IQ N — N 4 � � 0 O Z (D v L v z s� CD O �Q (D CO V1Y/G'p (D Pr—d Heritage,Exciting Fufurr 0 W Minor Variance Application 2022-A-27 (Cameron) v Applicant's Site Plan Cn Detail: 3 p � 0 Driveway N 0 4 Grass N f tc _o_ G Ebreem=o NW fCD Su u e Front Yalo Laf Line ' Y ELot Line SoNy -% p,�M3 nnlenf 6 L New 8 Concrete Pao T flew fo m2 Aowuory § OutoulJdng ti 4 =3 CO Driv way p �(D CO V1Y/G'p or (D Pr—d Heritage,Exciting Future O W Minor Variance Application 2022-A-27 (Cameron) v Applicant's Drawings: Cn Shed Elevation 3 (Viewed from Shed Elevation 0 West to East) Viewed from N South to North / N / P T-6" 0 N G C CD T TQ V if W Q �� Prai�r(HnilnRr,Esrrlinq Ferhirr O W P Minor Variance Application 2022-A-27 (Cameron) — r y CD on EA �tm = N 0 0 O Z (D a C _Q ID CD Notice sign posted CD N =3 /SO� � (D Praiir(Hrri�nRr,Ezrifing Ferliirr 0 W M. Minor Variance Application 2022-A-27 (Cameron) - v -- - Cn CD - -- - N - _ O N -- O h lV Gmm PL T f. 1 �• V! Shed — Looking East Shed — Looking North CD (9t, � CD Pr—d Hn img,,E-iiinq Feehnr O W Minor Variance Application 2022-A-27 (Cameron) �,t w Cn CD OEMrm ,a No N N Q tQ CD CD Subject Lands relative to lands to east. �0 �� - •-� co �iYJG"e,�'L�CCCJ�2tPi cD Arard Heri1q,.E-W,,A Fnl�irr 0 Minor Variance Application 2022-A-27 (Cameron) sOil cn CO N O N N f — O O �1 (D L CD CF Shed in relation to existing dwelling CD T—hip of .-% (D Pr—d Hn img,,E-iiinq Feehnr O W Minor Variance Application 2022-A-27 (Cameron) v w Cn cn 10 PQ -  - N Ail P1 is O L v � (D CD D Front yard View of shed Q CD Pr—d Heritage,Exciting Fulurr O W Minor Variance Application 2022-A-27 (Cameron) v Recommendation: Approve It is recommended: 3 1. That Report No. DS2022-116 be received and adopted. 0 to 2. That Minor Variance Application 2022-A-47 by Jennifer&Brent Cameron,specifically to permit a variance from the required front N yard of 7.5 metres(24.6 feet)to 1.83 metres(6.0 feet)to accommodate an existing detached accessory building (shed),on land municipally known as 2253 Lakeshore Road East, be approved,subject to the conditions as outlined in Report DS2022-116. 3. That the following conditions be imposed on the Committee's decision: 0 b) That notwithstanding Section 5.1.7(a)of the Zoning By-law 97-95,the detached accessory building shall otherwise G• comply with all other applicable provisions of the Zoning By-law; (D c) That the 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; d) That the accessory building shall not be used for human habitation,commercial purposes or for a home industry; Q e) That the applicants maintain and preserve the existing vegetative buffer on the front and interior property lines,or replace _ with a similar vegetative buffer if destroyed; f) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify v that the detached accessory building is no closer than 1.83 metres(6.0 feet)from the front lot line; =3 g) That the appropriate Zoning Certificate and Building Permit be obtained only after the Committee's decision becomes final cQ and binding,as provided for within the Planning Act R.S.O. 1990,c.P. 13 m co ro � 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's Q o signature. m N r co 0;Toumshi (D Prair(HnilnRr,Esrrlinq Ferhirr O M. 6.b) 5.45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Developmen... /a Township Of C.�` ,W Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-113 Development Services Committee Andria Leigh, Deputy CAO/Director, Development Services Planner Meeting Date: Subject: Motion # September 7, 2022 Consent Application 2022-B-10 by Victor Parsons Roll #: 342 Tudhope Boulevard R.M.S. File #: 4346-010-009-82700 D10-60486 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2022-113 be received and adopted; 2. That Consent Application 2022-B-10 by Victor Parsons, to permit the creation of a new residential lot having an area of approximately 0.21 hectares (0.52 acres) and a frontage of approximately 36.5 metres (120 feet) and a retained parcel having a lot area of approximately 0.49 hectares (1.21 acres) and a frontage of approximately 83.8 metres (275.1 feet), be approved, subject to the conditions identified in Report DS2022-113. 3. The conditions for Consent Application 2022-B-10 are as follows: 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, on either the vacant severed or retained parcel; b) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, 15 metre by 15 metre daylight triangle on the south-west corner the subject lands at the intersection of Tudhope Boulevard and Lakeshore Road East, dimensioned to the satisfaction of the Township's Director, Operations and Community Services. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylighting triangle with Tudhope Boulevard as one Property Identifier Number Development Services Committee September 7, 2022 Report No. DS2022-113 Page 1 of 12 Page 50 of 219 6.b) 5.45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Developmen... to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. c) That the applicant submit, to the satisfaction of the Chief Building Official, a plan complete with dimensions, areas with approximate building and sewage system envelopes ensuring all required clearances under the Ontario Building Code; d) 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; e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of Consent; g) That all municipal taxes be paid to the Township of Oro-Medonte; h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice 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 at 342 Tudhope Boulevard and possess a lot area of approximately 0.7 hectares (1 .7 acres). The lands are tree covered, with an existing dwelling and detached accessory building. Surrounding land uses consist of low-density residential uses, predominantly in the form of single detached dwellings. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. The purpose of Consent Application 2022-B-10 is the creation of a new residential lot. This application was previously heard at the May 4, 2022 Development Services Committee meeting (see Report DS 2022-055); but was deferred at that time to allow the applicant the required time to provide an updated site plan that included the building and septic envelope for the proposed lot to the satisfaction of the Township Building Division. Since that time, the applicant has submitted the required site plan (see Schedule 4 - Applicant's Revised Site Plan) and the Township's Building Division is now satisfied (see comments below). Development Services Committee September 7, 2022 Report No. DS2022-113 Page 2 of 12 Page 51 of 219 6.b) 5.45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Developmen... The Applicant's Consent Sketch is included as Schedule 3. The details of the proposed consent (severance) are provided in the table below: Lands to be Severed: Lands to be Retained: Frontage: Approximately 36.5 m (120.0 ft.) Approx. 83.8 m (275.1 ft.) Depth: Approximately 58.5 m (191.8 ft.) Approximately 58.5 m (191.8 ft.) Area: Approximately 0.21 ha (0.52 ac.) Approximately 0.49 ha (1.21 ac.) Use: Residential Residential The applicant's original severance proposal has been amended and the frontage of the severed lot has been increased an additional 5 feet in order to address the requirements of the Building Division and the area required for the sewage system on the severed lot. Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas are applicable to this application. This application represents limited residential development that is consistent with the PPS with respect to Rural Areas, as the lands are designated by the Township's Official Plan to generally permit this form of development. Based on the above, Planning Staff are of the opinion that the application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed residential lot is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established residential area. Section 4.2.4.5 permits infill development outside of settlements areas, in developed shoreline areas of inland lakes that are designated or zoned for concentrations of development. As the lands are designated by the Township's Official Plan to generally permit this form of development and the proposed development would create an infill lot within a concentration of existing development, Planning Staff are of the opinion that the application conforms to the Growth Plan. Development Services Committee September 7, 2022 Report No. DS2022-113 Page 3 of 12 Page 52 of 219 6.b) 5.45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Developmen... Lake Simcoe Protection Plan (LSPP) The subject lands are located outside the Lake Simcoe Region Conservation Authority's regulated area and the Township is not required to circulate consent applications that are not within the regulated area to the LSRCA. However, the property is located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial Plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have reviewed the consent application in the context of the LSPP and the following policies are applicable: "6.3-DP Within shoreline built-up areas, an application for development or site alteration within 120 metres of the Lake Simcoe shoreline shall be accompanied by a natural heritage evaluation that satisfies the requirements of policy 6.26..." Planning Staff have considered the location and context of the proposed lot and note that the lands are: • Entirely surrounded by existing shoreline residential development; • Farther than 120m from Lake Simcoe; • Separated from the Lake Simcoe Shoreline by existing development and by a public road (Lakeshore Road); and • Not adjacent to or in proximity to any other identified Natural Heritage Features. Based on the above, Planning Staff are of the opinion the application conforms to the LSPP and does not require a natural heritage evaluation. County of Simcoe Official Plan The subject lands are designated Rural in the County of Simcoe's Official Plan. Section 3.7.4 lists limited residential development as a permitted use within the Rural designation. Section 3.7.8 states that: "Limited residential development may be created by consent provided the following are satisfied: a) Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. Consent lots should be developed to an approximate maximum size of one hectare, except where larger sizes may be suitable because of environmental constraints or design considerations; and b) The number of lots on the grid road system shall be restricted in order to maintain the rural character and road function and to avoid strip development." (p. 39 of Simcoe County's Official Plan). In Planning Staff's opinion, the proposed consent application conforms to these policies as the proposed lot is limited in size and located within an existing shoreline residential area. Under the General Development Policies, Section 3.3.13 states that all development within the area of the Lake Simcoe Protection Plan is required to satisfy the provisions of Section 3.13 of this Plan. Section 3.13 reiterates the policies listed in the Lake Simcoe Protection Plan which have been discussed in the previous section of this report as it relates to conformity. Development Services Committee September 7, 2022 Report No. DS2022-113 Page 4 of 12 Page 53 of 219 6.b) 5.45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Developmen... County Planning staff have provided comments and indicated that they have no comments/concerns with the proposed consent application. Township of Oro-Medonte Official Plan The subject property is designated Shoreline in the Township's Official Plan. The Shoreline designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. Section C5 of the Township's Official Plan outlines the permitted uses within the `Shoreline' designation, which includes single detached dwellings. The proposed consent was assessed against the development of land policies in the Shoreline Designation. Specifically, Section C5.3 of the Official Plan "Residential Development Policies" contains policies related to "New Residential Plans of Subdivision" (Section C5.3.3), and policies related to the "Limits of Shoreline Development" (Section C5.3.4), however, the scope of the policies contained in both these sections is limited to either the creation of multiple lots by Plan of Subdivision, or to the expansion of the Shoreline designation in Schedule A to the Official Plan, neither of which is applicable to this application. On this basis, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan and specifically Section D2.2.1 in evaluating the proposed application for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1, "New Lot by Consent — General Criteria".- a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed and retained parcels would front onto a Township road, specifically Tudhope Boulevard, which is maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: the subject lands do not have access to either a Provincial Highway or County Road c) Will not cause a traffic hazard; Conforms: Upon site visit, Planning Staff noted that the severed parcel would require a new municipal entrance. No traffic concerns have been identified by the Operations Department, but the applicant will be required to obtain an entrance permit and to provide the Township with a daylighting triangle as a condition of consent. Development Services Committee September 7, 2022 Report No. DS2022-113 Page 5 of 12 Page 54 of 219 6.b) 5.45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Developmen... d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Conforms- Both the severed and retained parcels would comply with the Zoning By- law's lot frontage and lot area requirements (minimum lot frontage 30m and minimum lot area 0.2 ha). Additionally, residential uses are permitted, and are compatible with the adjacent residential uses. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: the severed and retained land generally possess sufficient land area for the dwelling on each lot to be serviced by private individual on-site services (well and septic system). As noted above, the application was previously deferred at the May 4, 2022 meeting in order to allow the applicant time to address the Building Division comments and provide a revised plan showing the building and sewage system envelopes for the proposed lot in addition to confirming required clearances for building and sewage system on both the severed and retained lands. The applicant has provided the revised plan to the Township and the Building Division concerns have now been satisfied. f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. Any future structures on the severed lands will be subject to an Engineered Lot Grading Plan as part of the Building Permit submission in accordance with the Township's policies. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- The retained lands are designated Shoreline and are thus not designated for development beyond the level of their current use, which is for single detached residential purposes. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conforms- The subject lands and immediately surrounding area do not exhibit the characteristics of lands that might possess significant natural heritage features and is more than 120m from Lake Simcoe as discussed in more detail above. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms: No groundwater concerns have been identified by the Township and agencies in their review of this application. At the time of building permit submission, the applicant Development Services Committee September 7, 2022 Report No. DS2022-113 Page 6 of 12 Page 55 of 219 6.b) 5.45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Developmen... will be required to ensure all requirements for sewage system installation and private water supply are addressed prior to issuance of a building permit. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: Planning Staff have reviewed this application against Section 51(24) of the Planning Act and find that it meets the requirements of the Act. Based on the above, Planning Staff are of the opinion that the application conforms to the Official Plan. Zoning By-law 97-95 The subject lands are zoned Shoreline Residential (SR) in the Township's Zoning By-law 97- 95, as amended. Single detached dwellings are permitted in the Shoreline Residential (SR) zone and both the severed and retained parcels would comply with the Zoning By-law's lot frontage and lot area requirements (minimum lot frontage 30m and minimum lot area 0.2 ha). Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • Lake Simcoe Protection Plan • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Development Services Committee September 7, 2022 Report No. DS2022-113 Page 7 of 12 Page 56 of 219 6.b) 5.45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Developmen... Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering — No objection, an engineered lot grading plan will be required for the severed lot at time of building permit • Building Division - Applicant/owner to ensure all on-site sewage systems conform to the clearances outlined in the Ontario Building Code • Operations Division —will require a 15m X 15m daylight triangle on the corner of Tudhope Boulevard and Lakeshore Road East • Environmental Services — No municipal drinking water or sewage services available. Site to be serviced by private well and septic system • Bell Canada — No concerns. • County of Simcoe — County planning staff have no concerns/comments regarding the proposed consent application Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Schedule 4: Applicant's Revised Site Plan (for Severed Lot) Conclusion: Based on Planning Staff's analysis of the application, it is Staff's recommendation that Consent Application 2022-B-10 be approved, specifically to permit the creation of a new residential lot consisting of a severed parcel having an area of approximately 0.21 hectares (0.52 acres) and a frontage of approximately 36.5 metres (120 feet) subject to the conditions as outlined in this report on the basis that the application conforms and is consistent with applicable Provincial, County and Township land use policies, complies with the requirements of Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Andria Leigh, MCIP, RPP Deputy CAO/Director, Development Services Approvals: Date Development Services Committee September 7, 2022 Report No. DS2022-113 Page 8 of 12 Page 57 of 219 6.b) 5.45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 1: Location Map 672 691 682 7Q3 698 e = + s 712 714 721 xie4.r?° 726 172 188 202 216 234 246 262 276 290 736 960 744 968 N Tudhope Blvd. 301 758 C3 967 m 315 760 -J 973 11 245 257 275 285 764 783 325 977 Y 778 10 981 786 789 5 762 343 $40 856 866 17 796 172 754 776 792 342 832 850 864 SQ4 4 �6. 188 198 746 345 Gr 872 to@a7 9 dal Springhome Rd. Lakeshore Rd, E. 3 5649'T�B71� 3 iB 765 7 791 799 130 138 859 i60 1 759 775 122 712 8 90 98 173 187 11 74 82 paf%0400 ar' 147 181 678 9 58 129 155 163 123 139 81 89 99 662 670 47 41 33 65 73 � 687 Schedule 1 ,� Location 4 IiiuhrshiP��f, Subject Lands Proud Herieal>r,Exdring Future 0 2C'" m File Number:2022-B-10 41 1 1 1 1 1 Development Services Committee September 7, 2022 Report No. DS2022-113 Page 9 of 12 Page 58 of 219 6.b) 5.45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 2: Aerial Photo Mlin CD m - a t I 3, f 1 � � ., A Lakeshore Rd.E. iS Schedule 2 Aerial Photo �4 {Oultsltop of Subject Lands '1% Prowd Herirnirr,Extirir{q Fimerr, 0 m File Number:2022-B-10 I Development Services Committee September 7, 2022 Report No. DS2022-113 Page 10 of 12 Page 59 of 219 6.b) 5.45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 3: Applicant's Consent Sketch { SKETCH OF SURVEY OF # LOT 3 REGISTERED PLAN TOWNSHIP OF ORO COUNTY OF SIMCOE } €�73 35 36 .a® F9 Retained Q Lands ;z 3 Q M o • �r� cr �trxK yo+rs{. see �7 73.e3" c 4 Q uti. R o Severed o � JL ands R.s� l Road 411owance Between Lars 25 cind 26 1.17c THgS SKETCH 15 PR;P RED FOR MORTGZOE PkR;2CSiES O LY A r _ P.7,rite tY�'LS kIL M T"" i i L0P4 w f•t 1 0 1 Development Services Committee September 7, 2022 Report No. DS2022-113 Page 11 of 12 Page 60 of 219 6.b) 5.45 p.m. DS2022-113, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 4: Applicant's Revised Site Plan (Proposed Severed Lands) w i. jt2 Q t '4 Development Services Committee September 7, 2022 Report No. DS2022-113 Page 12 of 12 Page 61 of 219 Consent Application 2022-13-10 (Parsons) Cn Location: 342 Tudhope Boulevard 3 0 Zoning: Shoreline Residential (SR) N 0 177 udhope Iv Official Plan: Shoreline J W y � D a =3 Current Use: Residential H-11L r ,prm am .� .d._E. J anon ,. m Indian. d.m 0 (D 4 � � D Subject Lands O (D CY) 0 N (D 0 jern,Tou„�6;ve� n Pr—d Heritage,Exciting Fufurr 0 G 0 0 3 0 Consent Application 2022-B-10 (Parsons) Cr Cn Purpose: The purpose of Consent Application 2022-B-10 is for the creation of a 3 new residential lot. The details of the proposed consent (severance) are: o CD N Lands to be Severed: Lands to be Retained: Frontage: Approximately 36.5 m (120.0 ft.) Approx. 83.8 m (275.1 ft.) Depth: Approximately 58.5 m (191.8 ft.) Approximately 58.5 m (191.8 ft.) W Area: Approximately 0.21 ha (0.52 ac.) Approximately 0.49 ha (1.21 ac.) Q Use: Residential Residential r CD cQ' 0 CD n D O m 0 rn o cD 0 Otl- 0 Pra d HrHll gr,E-iimg Ferliirr 0 0 G 0 0 3 0 Consent Application 2022-B-10 (Parsons) Cr Cn Aerial Photo: CD t° N W D v' ♦ m cQ' cu Lakeshore Rd.E.-" n D O m 0 rn 0 C. 0 co �/YJG" Pr—d Heritage,Exciting Fururr 0 G 0 0 3 0 Consent Application 2022-B-10 (Parsons) Cn Applicant's Consent Sketch: � I o 35 36 O N r:sae�g5o a �v�a� N Fe.iB fY-D8 � Retained Q W Lands Q 3 � - LU I SNiEY BMKM My5[ �`' � 4 �. D.Sf CD �y6 � ri.4l' (D3. �� 0 r ¢ 0 Severed o 8 I a Lands sv E�.m � ns3'ii 50'E 19185 m Road Allowance Between Lots 23 and 26 0 rn Ul �. 0 { 0 co �/YJG" Pr—d Heritage,Exciting Future 0 G 0 0 3 0 Consent Application 2022-B-10 (Parsons) Cn Applicant's Revised Site Plan: TuA I/ 3^tz iv �)- IQcHnPC LPv i o ©RO-/?E1Jv.�iu N v CD CD _ . _ ° NJ { ° CO Pr—d Heritage,Exciting Fu,urr CD G CD ° 3 CD Consent Application 2022-B-10 (Parsons) kh;1. r ~� {C• ip CO O AM � i �• r m 4 � �• CD Notice signs posted Pr—d Heritage,Exciting Fufurr 0 G 0 0 3 0 Consent Application 2022-13-10 (Parsons) Cr Cn CD y 0 v s N CL aY t> cu 0 m n View on Lakeshore Rd W View on Tudhope Blvd ID 0 0 ° Pr—d Heritage,Exciting Fufurr 0 G 0 0 3 0 Consent Application 2022-B-10 (Parsons) 3�4 Ca�V� - r5:� I I ,. � � A � .M�,.L ate,.• \ l V! /r� 0 r P_ r m CD 7 � Severed lands looking Severed lands view from ° 0 towards Lakeshore Tudhope o 0 n P-4 Heritage,Exciting Fufurr 0 G 0 0 3 0 Consent Application 2022-B-10 (Parsons) Cn Recommendation: Approve It is recommended: 0 1. That Report DS2022-113 be received and adopted; co N O 2. That Consent Application 2022-B-10 by Victor Parsons,to permit the creation of a new residential lot having an area of N N approximately 0.21 hectares(0.52 acres)and a frontage of approximately 36.5 metres(120 feet)and a retained parcel having a Ic area of approximately 0.49 hectares(1.21 acres)and a frontage of approximately 83.8 metres(275.1 feet),be approved,subject t W the conditions identified in Report DS2022-113. _ D 3. The conditions for Consent Application 2022-B-10 are as follows: Q 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, r detailed design of a building or septic system,engineered lot grading,on either the vacant severed or retained parcel; _(D b) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"),in fee simple,free and clear of all liens and encumbrances, 15 metre by 15 metre daylight triangle on the south-west corner the subject lands at the intersection of Tudhope Boulevard and Lakeshore Road East,dimensioned to the satisfaction of the Township's Director, 0 Operations and Community Services.The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township,together with his/her opinion letter stating that upon registration of the Transfer,the Township will have acquired a good and marketable title thereto,free and clear of all liens and encumbrances. Further,the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, n as amended,to consolidate the above noted daylighting triangle with Tudhope Boulevard as one Property Identifier Number 0 m to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and 0 o Consolidation Application, including costs relating to surveying, legal fees,and disbursements,agreements, HST,etc.shall be 0 fully borne by the Applicant. ID � co ll_/tQ"� �E;CG(l1GGG O co Prair(HnilnRr,Esrrlinq Ferhirr 0 G 0 0 3 0 Consent Application 2022-B-10 (Parsons) Recommendation (cont'd): Approve c) That the applicant submit,to the satisfaction of the Chief Building Official, a plan complete with dimensions, areas with p approximate building and sewage system envelopes ensuring all required clearances under the Ontario Building Code; co d) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as p cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13)of the Planning N Act, R.S.O. 1990 c. P. 13; e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to w the Committee Secretary-Treasurer which conforms substantially with the application as submitted; _ f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed,for review by the > Municipality and for use for the issuance of the certificate of Consent; g) That all municipal taxes be paid to the Township of Oro-Medonte; v h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42)of the Planning Act R.S.O. 1990,without qualification; and, i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision(Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from 0 the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the CD 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. 1 n D cc 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. O 0 CD �=n N /�co ll_/tQ"� �E;CG(l1GGG O co Prair(HnilnRr,Esrrlinq Ferhirr 0 G 0 0 3 0 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-117 Development Services Committee Catherine McCarroll Intermediate Planner Meeting Date: Subject: Motion # September 7, 2022 Consent Application 2022-B-24 and Minor Variance Application Roll #: 2022-A-48 by Paula Beech & Brian R.M.S. File #: 4346-010-002-30030 Beatty D10- Concession 4 Part Lot 1 D13- Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro) Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2022-117 be received and adopted; 2. That Consent Application 2022-B-24 by Paula Beech & Brian Beatty, to create a residential lot on lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 , Part Road Allowance, Reference Plan 51 R37085, Part 4 (Oro), Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-117. 3. The conditions are as follows: a) That the applicants sign the Township's Memorandum of Understanding by which the applicants acknowledge the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, and water and sanitary servicing, on either the vacant severed or vacant retained parcels; b) That the applicants obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte; c) That the applicants apply for and obtain an amendment to Site Plan Application 2010-SPA-08 to reflect the new building and septic envelopes and tree preservation on the retained lands; d) That the applicants 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; e) That all municipal taxes be paid to the Township of Oro-Medonte; Development Services September 7, 2022 Report No. DS2022-117 Page 1 of 16 Page 72 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... f) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; g) That the applicants' solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted statutory two-year period (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2022-A-48 by Paula Beech & Brian Beatty, specifically to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 21.19 metres (69.5 feet), a retained lot with a minimum lot area of 1 .42 hectares (3.5 acres) and a minimum lot frontage of 10.86 metres (35.6 feet) and permit the lands conditionally severed through Consent Application 2022-B-13 with a lot area of 0.19 hectares (0.47 acres) and a minimum lot frontage of 32.83 metres (107.7 feet), on lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro), Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2022-117. 5. The conditions are as follows: a) That, notwithstanding Exception 187 of Zoning By-law 97-95, the two severed lots and the retained lot shall otherwise comply with all other applicable provisions of the Zoning By-Law; b) That the applicants apply for and obtain Site Plan approval from the Township for both severed parcels to identify building and septic envelopes on the lands and to require tree preservation outside of the identified building and septic envelopes to the satisfaction of the Planning Division; c) That the proposed building envelope and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and approved by the Committee; and, d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after: i. The Committee's Minor Variance decision becomes final and binding; and, ii. The applicants have obtained Site Plan Approval from the Township for the severed lands pursuant to Section 41 of the Planning Act. 6. And that the applicants be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Development Services September 7, 2022 Report No. DS2022-117 Page 2 of 16 Page 73 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... Background: Property Information The property is located on the west side of Line 4 North, south of Horseshoe Valley Road West, to the south of the OPP station and the Huronia Nurse Practitioner-Led Clinic. The lot is approximately 1.8 hectares (4.5 acres) in size and is currently vacant. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Previous Planning Applications This property has been subject to a number of Planning Applications over the years. A chronology of the Planning Applications is listed below: • Official Plan Amendment application 2008-OPA-02 was submitted in August 2008, for the purpose of re-designating the 6.16 hectares (15.2 acres) parcel from the "Horseshoe Valley- Medium Density Residential" designation to the "Horseshoe Valley— Low Density Residential" designation (OPA No. 28). The purpose of the Official Plan Amendment was to sever the lands into four residential lots. Official Plan Amendment No. 28 was adopted by Township Council on February 11, 2009, and approved by Simcoe County Council on June 4, 2009. • Zoning By-law Amendment Application 2008-ZBA-10 was submitted concurrently with the Official Plan Amendment. The purpose of the Zoning By-law Amendment was to rezone the subject lands from the Agricultural/Rural Exception 15 (A/RU*15) Zone to the Residential One Exception 187 (R1*187) Zone. The Zoning By-law Amendment was approved by Township Council on February 11 , 2009. • Consent Applications 2009-B-20 to 2009-B-23 were approved on July 16t", 2009 to permit the creation of the four new residential lots. • The property was subject to Site Plan Control (2010-SPA-08) to ensure that the placement of the dwelling, driveway, septic system and other structures was appropriately located on the subject lands and to ensure tree preservation. • Consent Application 2022-B-13 was conditionally approved on May 4, 2022 to permit the creation of a new residential lot. The lot dimensions were altered to accommodate the additional residential lot proposed through Consent Application 2022-B-24; therefore, this previously approved lot was included in this Minor Variance application. Consent Application 2022-B-24 The purpose of Consent Application 2022-B-24 is the creation of a new residential lot. The Applicants' consent sketch is included as Schedule 3 to this report. The details of the proposed consent (severance), are provided in the table below. Lands to be Severed: Lands to be Retained: Frontage: Approximately 21 .19 m. (69.5 ft.) Approximately 10.86 m (35.6 ft.) Depth: Irregular Irregular Area: Approximately 0.2 ha 0.5 ac. Approximately 1.42 ha 3.5 ac. Use: Future residential development Future residential development Development Services September 7, 2022 Report No. DS2022-117 Page 3 of 16 Page 74 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... Minor Variance Application 2022-A-48 The lands are also the subject of a related Minor Variance Application 2022-A-48. The applicants are proposing to sever lands for the creation of a new residential lot and are seeking relief to the following sections of Zoning By-law 97-95: Lands to be severed: Section 7.187 c — Minimum Lot Area Required: Proposed: 1 .23 hectares (3.04 acres) 0.2 hectares (0.5 acres) Section 7.187 (c) — Minimum Lot Frontage Required: Proposed: 59.0 metres (193.6 feet) 21 .19 metres (69.5 feet) Lands to be retained: Section 7.187 c — Minimum Lot Area Required: Proposed: 1.23 hectares 3.04 acres 1.42 hectares 3.5 acres Section 7.187 c — Minimum Lot Frontage Required: Proposed: 59.0 metres (193.6 feet) 10.86 metres (35.6 feet) Lands conditionally severed through Consent Application 2022-B-13: Section 7.187 c — Minimum Lot Area Required: Proposed: 1 .23 hectares 3.04 acres 0.19 hectares 0.47 acres Section 7.187 c — Minimum Lot Frontage Required: Proposed: 59.0 metres 193.6 feet 32.83 metres 107.7 feet Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 1.1.3 — Settlement Areas and Section 1 .6.6 Sewage, Water and Stormwater are applicable to this application. The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS Development Services September 7, 2022 Report No. DS2022-117 Page 4 of 16 Page 75 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1.1.3.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Furthermore, Section 1.1.3.4 states: "appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form" (p. 9). The subject lands are located in an established Rural Settlement Area (Horseshoe Valley) which is intended to be the focus of growth and development and where development is encouraged with consideration to rural characteristics, the scale of development and the provision of appropriate service levels. Section 1 .6.6 Sewage, Water and Stormwater of the PPS contains policies that promote the efficient use and optimizes existing municipal services. Section 1.6.6.5 of the PPS states that partial services (municipal water services and individual on-site sewage services) shall be permitted "within settlement areas, to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts" (p.19). Township Environmental Services Staff have reviewed the subject applications and noted that the severed and retained lands will be serviced by private septic systems and municipal drinking water (Horseshoe Highlands Drinking Water System). The subject lands are located within the Horseshoe Valley Settlement Area; therefore, Planning Staff is of the opinion that these applications are consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth" and directs development to settlement areas. Specifically, Section 2.2.1 .2 (b) permits limited growth in rural settlement areas and settlement areas that are not serviced by existing or planned municipal water and wastewater systems. In this case, the severed and retained lots will be serviced by municipal water and private septic systems. Section 2.2.9, Rural Areas, is also applicable to this application and Planning Staff is of the opinion that the proposed residential lot is consistent with the Rural Areas policies as the lands subject to this application are located within a rural settlement area (Horseshoe Valley). Since the proposed development is located within the Horseshoe Valley settlement area and since the Township's Environmental Services Department has provided comments that support the proposed servicing of the lands, it is Planning Staff's opinion that these applications conform to the Growth Plan. County of Simcoe Official Plan The subject lands are designated "Settlements" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. Pursuant to Table 5.1 of the County's Official Plan, Horseshoe Valley is recognized as a settlement area in the Township. Section 3.5 of the County Official Plan contains policies relating to the "Settlements" designation. The objectives of the "Settlements" designation are to: "focus population and employment growth and development within settlements...to develop a compact urban form that promotes the Development Services September 7, 2022 Report No. DS2022-117 Page 5 of 16 Page 76 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... efficient use of land and provision of water, sewer, transportation, and other services...to promote development forms and patterns which minimize land consumption and servicing costs" (p.26). Settlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. Additionally, Section 3.3 of the County's Official Plan contains "General Development Policies" for lot creation. Specifically, Section 3.3.4 states: "Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe, the Province of Ontario, or local municipalities." (p. 18). In this case, both the severed and retained parcels would have frontage on Line 4 North. In Planning Staff's opinion, the applications appear to generally conform to these policies as the proposed lot is limited in size and is located within a rural settlement area, which is already developed, and therefore it is not anticipated to have any adverse effect on any agricultural uses or environmental features. Township of Oro-Medonte Official Plan The subject lands are located within the Horseshoe Valley Rural Settlement Area and are designated Low Density Residential according to Schedule `D' of the Township's Official Plan. Specifically, Section C14.3.4.1 identifies single detached dwellings as a permitted use in the Horseshoe Valley Low Density Residential Designation. This section states that "the density of residential development shall generally not exceed 7.0 units per gross hectare". Even with the second severance, the density will remain well below this maximum. For the purposes of the creation a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies contained in Section D2.1 and D2.2.1 of the Township's Official Plan, in evaluating the proposed application for consent. These policies and Staff's comments are provided below: Section D2.1 — Preferred Means of Land Division Land division by Plan of Subdivision, rather than by consent, shall generally be required if: a) the extension of an existing public road or the development of a new public road is required to access the proposed lots; or, b) the area that is proposed to be developed is not considered to be infilling; or, c) a Plan of Subdivision is required to ensure that the entire land holding or area is developed in an orderly and efficient manner, or, d) more than four lots including the retained lands are being created and/or the owner is retaining sufficient lands for the development of additional lots. Development Services September 7, 2022 Report No. DS2022-117 Page 6 of 16 Page 77 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... In Planning Staff's opinion, Consent rather than a Plan of Subdivision, would be the appropriate means through which to consider the proposed lot as infilling on a Township maintained road. For the purposes of the creation a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed application for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1 , "New Lot by Consent — General Criteria".- a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed and retained parcels would front onto a Township road, specifically Line 4 North, which is maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The subject lands do not have direct access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Conforms: The Township's Operations Department has been circulated for comments and have not identified any traffic safety concerns. As part of the previous severance (2022-B-13), the Operations Department had requested a 3.0 metre (9.8 feet) road widening along the frontage of both the severed and retained lands. Upon site visit, Planning Staff noted that the severed lots will require a new municipal entrance. The applicants will be required to obtain an Entrance Permit for each new entrance. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Conforms- Subject to approval of Minor Variance Application 2022-A-48, the severed lots and retained parcel would comply with the Zoning By-law. The applicants are seeking relief from the Zoning By-law to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 21.19 metres (69.5 feet), a retained lot with a minimum lot area of 1 .42 hectares (3.5 acres) and a minimum lot frontage of 10.86 metres (35.6 feet) and to permit the lands conditionally severed through Consent Application 2022-B-13 with a lot area of 0.19 hectares (0.47 acres) and a minimum lot frontage of 32.83 metres (107.7 feet). Additionally, the proposed residential uses are permitted and compatible with the adjacent land uses. Development Services September 7, 2022 Report No. DS2022-117 Page 7 of 16 Page 78 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: Environmental Services Staff have confirmed that the severed and retained lands are to be serviced by private septic systems and municipal drinking water (Horseshoe Highlands Drinking Water System). The lots will be subject to applicable development charges and connection fees related to provision of Municipal drinking water. These fees will be charged at the issuance of the Building Permit for the dwelling on each lot. f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The severed and retained lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. The proposed dwelling on the severed lands and retained lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- As proposed, the lands to be retained and severed would not restrict the development of any other lands. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conforms- No natural heritage concerns have been identified by Planning Staff in the review of these applications. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the application conforms. On the basis of the analysis of the applications in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the applications conform to the policies of the Township's Official Plan. Development Services September 7, 2022 Report No. DS2022-117 Page 8 of 16 Page 79 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... Zoning By-law 97-95 The subject lands are zoned Residential One Exception 187 (R1*187) in the Township's Zoning By-law 97-95, as amended. Exception 187 states the following: a) Notwithstanding Section 5.32 of this By-law, the following zone provisions apply on the lands denoted by the symbol R1*187 on the schedules to this By-law: No building or structure shall be located within 5 metres of a slope or embankment that exceeds 33% or 3 to 1 ; b) The minimum required setback from County Road 22 (Horseshoe Valley Road West) shall be 15 metres; c) Notwithstanding the provisions of Section 4.0 —Use standards, Table B1 "Standards for Permitted Uses on the R1,R2,RUR2, SR and RLS Zones" the following provisions will also apply: Lot 1 Lot 2 Lot 3 Lot 4 Minimum Lot Area 1.45 ha 1.23 ha 1.45 ha 2.04 ha Minimum Lot 105.1 m 59.0 m 35.3 m 47.4 m Frontage As per Table Al, a single detached dwelling is permitted in the Residential One (R1) zone. Subject to approval of Minor Variance Application 2022-A-48, both the severed and retained parcels would comply with the Zoning By-law. The applicants are seeking relief from the Zoning By-law to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 21 .19 metres (69.5 feet), a retained lot with a minimum lot area of 1.42 hectares (3.5 acres) and a minimum lot frontage of 10.86 metres (35.6 feet) and the lands conditionally severed through Consent Application 2022-B-13 with a lot area of 0.19 hectares (0.47 acres) and a minimum lot frontage of 32.83 metres (107.7 feet). These variances will be examined in more detail in the following sections. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services September 7, 2022 Report No. DS2022-117 Page 9 of 16 Page 80 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... Do the variances conform to the general intent and purpose of the Official Plan? As described above, the subject lands are located within the Horseshoe Valley Rural Settlement Area and are designated Low Density Residential according to Schedule `D' of the Township's Official Plan. The Low Density Residential designation permits a single detached dwelling, among other uses, and states that the density of residential development shall generally not exceed 7.0 units per gross hectare. In order to facilitate the severance, the applicants are requesting a reduced lot area and a reduced lot frontage for both the severed and retained lands. Despite the reduced lot sizes, the proposed density would remain well below the maximum density of seven units per gross hectare. Section B5.1 .4 of the Township's Official Plan deals with hazardous slopes. There is a steep slope at the rear of the subject lands. As part of the previous Development Applications, a Slope Stability Report had been prepared which contained provisions for construction within 5.0 metres (16.4 feet) of the slope crest. Nevertheless, Exception 187 in the Township's Zoning By-law states that "no building or structure shall be located within 5 metres of a slope or embarkment that exceeds 33% of 3 to 1". Notwithstanding the reduced lot sizes, there remains sufficient space on all lots to fit a dwelling outside the required 5.0 metres (16.4 feet) setback from the top of bank of the slope. Based on above, Planning Staff is satisfied that the proposed variances conform to the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? As described above, the subject lands are zoned Residential One Exception 187 (R1*187) in the Township's Zoning By-law 97-95, as amended. Exception 187 requires a minimum lot area of 1 .23 hectares (3.04 acres) and a minimum lot frontage of 59.0 metres (193.6 feet) for this lot. In comparison, lots in the Residential One Zone require a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). Both the severed and retained lands require a minor variance to address the proposed deficient lot areas and lot frontages. The applicants are proposing a lot area of 0.2 hectares (0.5 acres) for the severed lands and a lot area of 1 .42 hectares (3.5 acres) for the retained lands, and they are proposing a lot frontage of 21.19 metres (69.5 feet) for the severed lands and a lot frontage of 10.86 metres (35.6 feet) for the retained lands. Furthermore, the applicants are seeking to revise the variances for the lot previously approved through Consent Application 2022-B-13 and are requesting a lot area of 0.19 hectares (0.47 acres) and a lot frontage of 32.83 metres (107.7 feet). The Zoning By-law's minimum lot frontage and lot area requirements are intended to ensure that there is adequate space on the lot to fit a dwelling, private individual services (well and septic system) when other forms of servicing are unavailable, and driveway, with appropriate setbacks to the neighbouring dwellings. The severed and retained lands will be serviced by a private septic system and Municipal drinking water (Horseshoe Highlands Drinking Water System). Planning Staff reviewed all the previous Development Applications, in addition to the Planning Justification Report (PJR) that was submitted with the Official Plan Amendment and Zoning Development Services September 7, 2022 Report No. DS2022-117 Page 10 of 16 Page 81 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... By-law Amendment applications to get a better understanding of why Exception 187 required such large lot sizes and large lot frontages compared to the typical Residential One (R1) zone which requires a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). The PJR's rational for the Official Plan Amendment to reduce the density, from medium to low density, was due to the site topography and the difficulty the physical site conditions created for implementation of the higher densities. The PJR stated that the Zoning By-law Amendment would limit lot sizes to ensure no further subdivision could take place but did not state why the lots had to be so large considering the maximum density set out in the Official Plan's Horseshoe Valley — Low Density Residential designation is 7.0 units per gross hectare and the original four lots resulted in a density of approximately 0.65 units per gross hectare. The retained lands will have a narrow frontage of 10.86 metres (35.6 feet); however, it is wide enough to accommodate a driveway and meet the required 3.0 metres (9.8 feet) interior side yard setback. The lot widens beyond the two severed lots to provide adequate space for a dwelling while meeting the required 5.0 metres (16.4) setback from the top of bank of the slope. In Planning Staff's opinion, the proposed lot areas remain large enough to support a dwelling, driveway and septic system, as well as maintain the required setbacks. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed single detached dwelling on the retained lands will be setback significantly from the road and will barely be visible from the road due to the large number of trees. Site Plan Agreement 2010-SPA-08 was registered on title of the subject lands. One of the development restrictions listed in the Site Plan Agreement was tree preservation and that a maximum of 50% tree removal was permitted within the established building envelope. In order to ensure that this development restriction is carried forward on the severed and retained lands, Planning Staff recommend as a condition of consent that the applicants apply for and obtain an amendment to Site Plan Application 2010-SPA-08 to reflect the changes to the retained lands. Further, Planning Staff recommend as a condition of the Minor Variance that the future owners of the severed lots apply for and obtain Site Plan approval from the Township for the proposed dwelling prior to issuance of a Zoning Certificate and Building Permit. In Planning Staff's opinion, the lots would be fully functional with respect to matters such as servicing, parking, setbacks and outdoor amenity space associated with the proposed single detached dwellings. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as there remains Development Services September 7, 2022 Report No. DS2022-117 Page 11 of 16 Page 82 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... adequate space on the severed lots and retained lot to fit a dwelling, septic system and driveway, with appropriate setbacks to the lot lines. The proposed development is not anticipated to have any adverse impact on the character of the existing residential neighbourhood or on the use and enjoyment of the surrounding properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Township of Oro-Medonte Protection and Enhancement of Tree Canopy Policy Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — Development Engineering has No Objection to the above noted Applications. An Engineered Lot Grading Plan (ELG) shall be required for the Severed Lot at the time of Building Permit Application. • Township Infrastructure and Capital Projects — No comments. Development Services September 7, 2022 Report No. DS2022-117 Page 12 of 16 Page 83 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re:... • Township Building Division: o Owner/applicant to ensure all on-site sewage systems conform to the clearances outlined in the Ontario Building Code o Will development be connecting to municipal water; or private on-site wells? • Township Environmental Services — Both lots would be subject to Horseshoe Drinking Water connection fees (DC, trench, water meter) and operational rates related to the Horseshoe Highlands Municipal Drinking water system. Sewage services to be provided through private lot level septic systems. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Consent Sketch Conclusion: Based on Planning Staff's analysis of these applications, it is Staff's recommendation that Consent Application 2022-B-24 be approved, specifically to permit the creation of a new residential lot on the lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro), and that Minor Variance Application 2022-A-48 be approved, specifically to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 21.19 metres (69.5 feet), a retained lot with a minimum lot area of 1 .42 hectares (3.5 acres) and a minimum lot frontage of 10.86 metres (35.6 feet) and the lands conditionally severed through Consent Application 2022-B-13 with a lot area of 0.19 hectares (0.47 acres) and a minimum lot frontage of 32.83 metres (107.7 feet), as the application meets the four tests of the Planning Act and conforms and is consistent with applicable Provincial, County and Township land use policies, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services August 31, 2022 Andria Leigh, Deputy CAO/Director Development Services August 31, 2022 Development Services September 7, 2022 Report No. DS2022-117 Page 13 of 16 Page 84 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re-... Schedule 1: Location Map —v�sevRa_ 31 22 32 34 36 38 40 42 44 4$ -Mmmrnt—Ra. 29 20 50 27 18 HmrsQshae-Valley-Ra 25 16 14 12 10 8 6 4 2 52 oia•sarr m-Ra,_ 23 tea. z1 Cathedral Pines Rd. ine5 19 m �7777Z4- 15 17 15 13 11 9 7 5 3 1 1%O $1 J Horseshoe Valley Rd.W. 1101 11 9 7 � 32 Date Ct. 5 3387 1 3 3328 28 1 29 26 27 24 6 ka 25 22 L 7 N� 23 9 03324 3331 y W 21 o Hillside Ct. 3 19 1 20 6 17 18 16 2 3325 10 12 14 8 10 Location ® Subject Lands Towt+sha'p of, Proud Heritage,Exciting Future 0 loom File Number:2022-A-48 and 2022-B-24 N 1 i i i I Development Services September 7, 2022 Report No. DS2022-117 Page 14 of 16 Page 85 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re-... Schedule 2: Aerial Photo —VaseV.Rd.—ar ,�� HoraeshoeValleyRd. 4'' w - DId�6 c.Rd. �+ • Ridge Roa¢ ae c t. 1 3 3328 28 1 26 24 22 03324 v Hillside Q 3 All 18 ". 2 3325 1 f� Aerial Photo Towns&rp Subject Lands Proud Heritage,Exciting Future 0 100 rn File Number:2022-A-48 and 2022-B-24 Development Services September 7, 2022 Report No. DS2022-117 Page 15 of 16 Page 86 of 219 6.c) 5.55 p.m. DS2022-117, Catherine McCarroll, Intermediate Planner re-... Schedule 3: Applicants' Consent Sketch 0 i_cr Proposed severed lot Proposed retained lands low I CCNC{SWON a PANT 4 Lot conditionally severed (2022-B-13) Applicant's Site Plan Proud Fleritafe,Ezcitirry Fritare File Number;2022-A-4a and 2022-B-24 Development Services September 7, 2022 Report No. DS2022-117 Page 16 of 16 Page 87 of 219 Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) Cn Location: Concession 4 Part Lot 1 Cn Concession 5 Part Lot 1 Part Road Horseshoe Valley Rd.K Allowance Reference Plan / o 51 R37085 Part 4 (Oro) N � N Zoning: Residential One Exception m 187 (R1 *187) NillsiderC�" = Official Plan: Horseshoe Valley - Low Density Residential 0 v 0 v Current Use: Vacant ®Subje Lands _ O { J(D J ioGp ���cr,�oirt� Pr—d Heritage,Exciting Fufure Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) Purpose of 2022-113-24: The purpose of Consent Application 2022-B-24 is the Cn creation of a new residential lot. The details of the proposed consent P (severance) are: o N O Lands to be Severed: Lands to be Retained: Frontage: Approximately 21 .19 m. 69.5 ft. Approximately 10.86 m 85.6 ft. Depth: Irregular Irre ular Area: Approximately 0.2 ha 0.5 ac, Approximately 1 .42 ha 8.5 ac. Use: Future residential development Future residential development n n v 0 v CD CO 3 0 (D � Tommhip Pra d HrHli gr,E-iimg Ferliirr CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) Purpose of 2022-A-48: The applicants are proposing to sever lands for the Cn creation of a new residential lot and are seeking relief to the following sections of P Zoning By-law 97-95, as amended: o Lands to be severed: N O Section 7.187(c)—Minimum Lot Area N N Required: Proposed: 1.23 hectares(3.04 acres) 0.2 hectares(0.5 acres) v Section 7.187(c)—Minimum Lot Frontage v Required: Proposed: N 59.0 metres(193.6 feet) 21.19 metres(69.5 feet) �.(D Lands to be retained: n Section 7.187(c)—Minimum Lot Area C7 v Required: Proposed: 0 1.23 hectares(3.04 acres) 1.42 hectares(3.5 acres) — v (D Section 7.187(c)—Minimum Lot FrontageCD C) Required: Proposed: N 59.0 metres(193.6 feet) 10.86 metres(35.6 feet) Praiir(HrrinRr,Ezrifing Ferliirr CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) Purpose of 2022-A-48 (cont'd): Consent Application 2022-B-13 was conditionally approved on May 4, 2022. The lot dimensions were altered to accommodate 3 the additional residential lot proposed through Consent Application 2022-B-24; therefore, the applicants are requesting the 0 following revised variances for Consent Application 2022-B-13: CO N Section 7.187 (c)—Minimum Lot Area oN N Required: Proposed: 1.23 hectares (3.04 acres) 0.19 hectares(0.47 acres) n v Section 7.187 (c)—Minimum Lot Frontage m Required: Proposed: 59.0 metres (193.6 feet) 32.83 metres(107.7 feet) m n n v 0 v m m o 3 Pra d Hrriingr,E-iiing Ferliirr CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) Aerial Photo: ate. 3 3328 ' 23 1 V! N zs O N N zn v zz * (7 v (D "031za —% c`a (D Hillside Ct. 0 n 0 � III v za .�� CD N 3 3 325 CD (fl r-f Pr—d Heritage,Exciting Fufurr CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) Applicant's Consent Cn Sketch: , -a o o Proposed severed lot �,a5 BRA b (2022-B-24) N Proposed retained lands J v R Y AINfb b'1 0�0�. 01 1 OCD CD CaNCc5510N e B 5 _ ' ,f n n 2- Lot conditionally severed (2022-B-13) m CD w 3 0 CD Prallr(HrrinRr,Ezrifing Ferllirr CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) ry a6a, CD CD CD sr > .= _ J - v Looking north along Line 4 North Looking south along Line 4 NorthCD CD D Pr—d Heritage,Exciting Fufurr CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) �f. o N O _ N CD CD _ N � ��"1�� •�' 'ate v Public notice signs posted CD (.n 3 v Prai�r(HnilnRr,Esrrlinq Ferhirr CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) o CD PQ y a - `�` p F C7 (D y ems§(D n v Location of the proposed View of the retained lands fromCD CD dwelling on the retained lands Line 4 North CD NJ T,,,,whip of CO C9i �tt� ' Araard Heri1q,EaeW,,g Pufurz CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) o fb» 3. N o Ag CD TM 12s � + ten'` 0 Steep slope at the rear of the CD retained lands ,CD —' ' Q Pr—d Heritage,Exciting Fufurr CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) r t N t a CD CD v ` F? w - v (D CO Lands proposed to be severed 3 0 CD T-hip Pr—d Heritage,Exciting Fufurr CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) CD 0 I � CD 6W �s (D n C� v v Lot conditionally severed (2022-B-13) CD o m Arard Heritage,Exciting Fw— CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) Recommendation for 2022-A-48: Approve It is recommended: 1. That Minor Variance Application 2022-A-48 by Paula Beech&Brian Beatty,specifically to permit a severed lot with a minimum lot 0 area of 0.2 hectares(0.5 acres)and a minimum lot frontage of 21.19 metres(69.5 feet),a retained lot with a minimum lot area of 0) 1.42 hectares(3.5 acres)and a minimum lot frontage of 10.86 metres(35.6 feet)and permit the lands conditionally severed 0 through Consent Application 2022-B-13 with a lot area of 0.19 hectares(0.47 acres)and a minimum lot frontage of 32.83 metres N (107.7 feet),on lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance N Reference Plan 51 R37085 Part 4(Oro),Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-117. v 0 2. The conditions are as follows: v a) That,notwithstanding Exception 187 of Zoning By-law 97-95,the two severed lots and the retained lot shall otherwise comply =r (D with all other applicable provisions of the Zoning By-Law; _% b) That the applicants apply for and obtain Site Plan approval from the Township for both severed parcels to identify building and N septic envelopes on the lands and to require tree preservation outside of the identified building and septic envelopes to the satisfaction of the Planning Division; n c) That the proposed building envelope and landscaping on the property be substantially and proportionally in conformity with 0 the dimensions as set out on the application and approved by the Committee;and, d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after: p v i. The Committee's Minor Variance decision becomes final and binding;and, C.0 ii. The applicants have obtained Site Plan Approval from the Township for the severed lands pursuant to Section 41 of cD the Planning Act. N o 0 0 3. And that the applicants be advised of Development Services Committee's decision under the Secretary Treasurer's signature. _CD co --� Prair(HnilnRr,Esrrlinq Ferhirr CD CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) Recommendation for 2022-B-24: Approve It is recommended: 1. That Report DS2022-117 be received and adopted; co p N 2. That Consent Application 2022-B-24 by Paula Beech & Brian Beatty, to create a residential lot on lands legally described as o Concession 4, Part Lot 1 and Concession 5, Part Lot 1, Part Road Allowance, Reference Plan 51R37085, Part 4 (Oro), Township oV3 Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-117. 3. The conditions are as follows: n a) That the applicants sign the Township's Memorandum of Understanding by which the applicants acknowledge the v requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland,CD and water and sanitary servicing, on either the vacant severed or vacant retained parcels; b) That the applicants obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medontap c) That the applicants apply for and obtain an amendment to Site Plan Application 2010-SPA-08 to reflect the new building ands septic envelopes and tree preservation on the retained lands; n d) That the applicants pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created asv cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning o v Act, R.S.O. 1990 c. P. 13; — e) That all municipal taxes be paid to the Township of Oro-Medonte; o_ m o 3 N (D J Township of 53, Q Pra d Hrriingr.Ez iiing Ferliirr CD CD Minor Variance and Consent Applications 2022-A-48 & 2022-B-24 (Beatty & Beech) Recommendation for 2022-B-24 (cont'd): Approve f) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the 3 Committee Secretary-Treasurer which conforms substantially with the application as submitted; 0 g) That the applicants' solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the co Municipality and for use for the issuance of the certificate of consent; No h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42)of the Planning Act R.S.O. 1990, without N N qualification; and, i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date n of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted v statutory two-year period (Sections 53(41)& 53(43), the Planning Act R.S.O. 1990)shall cause the application to lapse and render this Decision null and void. CDCD '= m n n v o v m =3 o m N 3 O (p Th—hipof53, Pra d HrHli g,Ez iimg-Ferliirr CD CD 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... /a Township Of C.�` ,W Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-120 Development Services Committee Derek Witlib, Manager Planning Services Meeting Date: Subject: Motion # September 7, 2022 Consent Applications 2021-B-29 & 2022-B-25 and Roll #: Minor Variance Applications R.M.S. File #: 4346-020-004-09400 2021-A-48 2022-A-49 D10-59775 & 60752 by 12 West Holdings Inc. D13-59776 & 60750 1750 Warminster Sideroad Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2022-120 be received and adopted; 2. That revised Consent Application 2021-B-29 and revised Minor Variance Application 2021- A-48 by 12 West Holdings Inc., to permit the creation of a new residential lot consisting of a severed parcel having an area of approximately 1 ,719.22 sq. m (0.42 ac.) and a frontage of approximately 27.51 m (90.29 ft.), on the lands municipally known as 1750 Warminster Sideroad, Township of Oro-Medonte, be deferred to allow the applicant time to address the comments received from the Township's Planning, Building and Operations Divisions, as outlined in Report DS2022-120. 3. That Consent Application 2022-B-25 and Minor Variance Application 2022-A-49 by 12 West Holdings Inc., to permit the creation of a new residential lot consisting of a severed parcel having an area of approximately 1 ,594.18 sq. m (0.39 ac.) and a frontage of approximately 25.51 m (83.69 ft.), on the lands municipally known as 1750 Warminster Sideroad, Township of Oro-Medonte, be deferred to allow the applicant time to address the comments received from the Township's Planning, Building and Operations Divisions, as outlined in Report DS2022-120. 4. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background: The property is located at 1750 Warminster Sideroad. The lot is approximately 42.1 hectares (104.12 acres) in size, contains several detached accessory buildings and is currently under agricultural production. The south east corner of the property is located in the Warminster Development Services Committee September 7, 2022 Report No. DS2022-120 Page 1 of 16 Page 103 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re- settlement area and the properties to the north and west of the subject lands consist of agricultural uses. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Consent Application 2021-B-29 and Minor Variance Application 2021-A-48 were originally the subject of a Public Hearing held on September 1, 2021 , proposing a 1-lot severance with a frontage of approximately 53.0 m (173.9 ft.) along Warminster Sideroad and a lot area of approximately 0.17 ha (0.43 ac.), along with an easement to facilitate vehicle access for future development on the retained lands. A copy of the applicant's original consent sketch is included as Schedule 3 to this report. Staff Report DS2021-135 dated September 1, 2021 recommended deferral of the applications due to a number of outstanding technical issues identified by the Township's Building, Planning, Development Engineering, Operations and Environmental Services Departments, as well as by the Ministry of Transportation. As a result, the Development Services Committee deferred the applications. The applicant has now revised the above-noted applications in response the 2021 comments, as well as has submitted additional Consent (2022-B-25) and Minor Variance (2022-A-49) applications to create an additional lot to make better use of the available lands within the Warminster Rural Settlement Area. A copy of the applicant's new consent sketch is included as Schedule 4 to this report. The details of the revised and new applications are as follows: Consent Application 2021-113-29 (revised) (Part 1) Lands to be Severed: Lands to be Retained: Frontage: Approximately 27.51 m (90.29 ft.) Approx. 625 m (2050 ft.) Depth: Approximately 64.02 m 210.04 ft. Approximately 610.0 m 2,001 .3 ft. Area: Approximately 1 ,719.22 sq. m Approximately 41.77 ha (103.21 ac.) 0.42 ac. Use: Future Residential Continued Agricultural Consent Application 2022-113-25 (Part 2) Lands to be Severed: Lands to be Retained: Frontage: Approximately 25.51 m 83.69 ft. Approx. 625 m 2050 ft. Depth: Approximately 62.52 m 205.12 ft. Approximately 610.0 m 2,001 .3 ft. Area: Approximately 1 ,594.18 sq. m Approximately 41 .8 ha (103.21 ac.) 0.39 ac. Use: Future Residential Continued Agricultural Minor Variance Application 2021-A-48 (revised) (Part 1) Table B1 — Minimum lot area in the Residential One R1 Zone Required: Proposed: 0.2 hectares 0.1719 hectares (1719.22 sq. m) (0.49 acres) (0.42 acres) Development Services Committee September 7, 2022 Report No. DS2022-120 Page 2 of 16 Page 104 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... Table 131 — Minimum lot frontage in the Residential One (R1) Zone Required: Proposed: 30 metres 98.43 feet 27.51 metres 90.26 feet Minor Variance Application 2022-A-49 (Part 2) Table B1 — Minimum lot area in the Residential One (R1) Zone Required: Proposed: 0.2 hectares 0.1594 hectares (1594.18 sq. m) 0.49 acres 0.39 acres Table 131 — Minimum lot frontage in the Residential One R1 Zone 1 Required: Proposed: 30 metres 98.43 feet 25.51 metres 83.69 feet 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 .3 — Settlement Areas is applicable to this application. Section 1.1.3.1 speaks to settlement areas being the focus of growth and development. Since the proposed development would result in the creation of a new residential lot within the Warminster settlement area, the proposed consent and associated variances are considered to be consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 - Managing Growth is applicable to this application and states that development should be directed to settlement areas. Since the proposed development would result in the creation of a residential lot within a settlement area (Warminster), the proposed severance and associated minor variances are considered to conform to the Growth Plan. Nottawasaga Valley Conservation Authority Portions of the property are regulated by the Nottawasaga Valley Conservation Authority (NVCA). The regulated area includes the woodland in the north-west corner of the retained lands; however, no significant natural heritage features were identified on the subject lands. The NVCA had previously advised they had no objections to Consent Application 2021-B-29 and Minor Variance Application 2021-A-48, but as of the preparation of this report the Development Services Committee September 7, 2022 Report No. DS2022-120 Page 3 of 16 Page 105 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... Township has not received NVCA comments regarding the current applications. Committee members should have regard to any NVCA comments that may be received. County of Simcoe Official Plan The subject lands, including the portion to be severed, are designated Agricultural and Settlements in the County of Simcoe's Official Plan, see Schedule 5 to this report. As per Section 3.2.12, "local municipalities will delineate the boundaries of settlement areas in their official plans based on what is shown on Schedule 5.1 of this Plan". However, the settlement area boundary identified in the County's Official Plan, does not precisely align with the settlement area boundary identified in the Township's Official Plan mapping. Through discussions with County Staff, Township Planning Staff have determined that the Township's mapped of the Settlement Area boundary is accurate and that the Settlement Area boundary as identified on the applicant's consent sketches is correct. County Planning Staff have provided comments advising they have no concerns with the applications. Based on the above, the applications conform to the County of Simcoe's Official Plan. Township of Oro-Medonte Official Plan The subject property is designated Agricultural and Rural Settlement Area in the Township's Official Plan, see Schedule 6 to this report. The portion of the lands to be severed is designated Rural Settlement Areas. The objectives of this designation are: • To maintain and create attractive communities with suitable amenities. • To ensure that settlement areas are developed in a logical and cost-effective manner. In Planning Staff's opinion, the applicant's revised proposal represents an improvement over the original applications because it makes more efficient use of the available Settlement Area lands in this location. Permitted uses within the Rural Settlement Areas designation include low density residential uses. Beyond these provisions, the Rural Settlement Areas designation is silent with respect to the severance of land in the Warminster Settlement Area. Section A4.2.3 and Section A5.2 of the Official Plan states that approved development in Warminster will be connected to the existing municipal water systems and serviced by private septic systems and the applicant's revised development proposal conforms to these servicing policies. Planning Staff in evaluating the proposed development has considered the general "Subdivision of Land" policies of the Township's Official Plan and is of the opinion that the proposed development should be considered by way of Consent and does not require a Plan of Subdivision application and can be assessed through the criteria set out in Section D2.2.1 (New Lot by Consent— General Criteria), as analyzed below: a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed and retained parcels would front onto a Township road, specifically Warminster Sideroad, which is maintained year-round by the Township. Development Services Committee September 7, 2022 Report No. DS2022-120 Page 4 of 16 Page 106 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The subject lands do not have direct access to Highway 12 or to a County Road. The MTO has previously provided comments advising that had no concerns with lot creation, but any new public road intersection within 400 metres of Highway 12 (e.g. a new road aligned with Preston Street) would require MTO review. No new public road intersection is proposed at this time. c) Will not cause a traffic hazard,- Conforms- Upon site visit, Planning Staff noted that the severed parcel would require a new municipal entrance. No traffic concerns have been identified by the Operations Division but the following land dedications have been requested: • 3.Om road widening along both the severed and retained lands, since Warminster Sideroad has been identified as a collector road requiring a 23.Om right-of-way. • 15m x 15m daylight triangle on the westerly lot, in the event that the Preston Street intersection is ever extended. Planning Staff concurs with Operations Staff that, notwithstanding that no new road intersection is proposed at this time, it would be in the interest of good long-term planning for the Township to acquire a daylight triangle at this time. While there are currently no Township plans to expand the Warminster Rural Settlement Area within the known planning horizon (2051), the applicant has been transparent with his intentions to further develop the retained lands and to extend Preston Street in the event that the Settlement Area Boundary is ever expanded to include more of the retained lands. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Does not conform: The applicant submitted Minor Variance applications requesting a reduced lot frontages and areas. However, in consideration of the Operations Division's requested daylight triangle, Planning Staff anticipates that the lot dimensions will need to be further altered and additional variances potentially required in order to accommodate the daylight triangle. These anticipated revisions are the basis for Planning Staff's recommendation that the applications be deferred. The existing agricultural use on the retained lands and the proposed residential use on the severed lands are permitted and compatible with the adjacent residential uses to the east and south and with the adjacent agricultural uses to the north and west. e) Can be serviced with an appropriate water supply and means of sewage disposal; Does not conform: As per the comments previously received from the Township's Building Division, the applicant is required to provide the proposed building and sewage envelopes complete with dimensions including any/all surrounding well locations. Development Services Committee September 7, 2022 Report No. DS2022-120 Page 5 of 16 Page 107 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... The Township's Environmental Services Department previously indicated that connection to the Warminster Municipal Drinking Water System would require the applicant to pay the applicable Warminster Water Development Charges along with the submission of detailed site plans, including proposed connection details, to be submitted for further review, consideration and comment by Environmental Services. f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The proposed dwelling on the severed lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission to ensure that water drainage resulting from the proposed residential use will be mitigated on the subject lands and will not impact neighbouring lots. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- The size and share of that portion of the Settlement Area located on the subject lands does not lend itself to be fully developed. However, the applicant's current 2-lot proposal represents, in Planning Staff's opinion, an appropriate option for best utilizing the available Settlement Area lands and is an improvement over the applicant's previous 1-lot proposal. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conforms- Schedule B — Natural Features of the Township's Official Plan did not identify any natural heritage features on the severed or retained lands. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Does not conform: As per the comments received from the Township's Building Division, the applicant is required to provide the proposed building and sewage envelopes complete with dimensions including any/all surrounding well locations, for the purposes of protecting ground water supplies. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The 2-lot proposal represents an appropriate and efficient utilization of the available Settlement Area land on the property and therefore Planning Staff are no longer concerned that the development may be premature or not in the public interest. Based on the above, Planning Staff finds the current proposal to be a significant improvement over the previous proposal. However, due to the further lot dimension revisions that are anticipated to result from the requested daylight triangle and the outstanding requirements for Development Services Committee September 7, 2022 Report No. DS2022-120 Page 6 of 16 Page 108 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... more details regarding the locations of existing and proposed wells and septic systems, Planning Staff are not in a position to conclude whether the applications conform to Section D2.2.1 of the Township's Official Plan. Zoning By-law 97-95 The subject lands are zoned Agricultural/Rural (A/RU) and Residential One (R1) in the Township's Zoning By-law 97-95, as amended, refer to Schedule 7 of this report. The lands proposed to be severed are zoned Residential One (R1). As per Table Al , single detached dwellings are permitted in the Residential One (R1) zone. The applicant is seeking relief from the Zoning By-law to permit a reduced lot areas and frontages. However, as these dimensions are expected to further change in response the comments received, Planning Staff have not undertaken a detailed analysis of the variances at this time. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: • Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of these applications were circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: Development Services Committee September 7, 2022 Report No. DS2022-120 Page 7 of 16 Page 109 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... • Township Building Division — Owner/applicant to ensure dwelling and on-site sewage system can be accommodated on each lot and maintain and required clearances. Due to reduced lot size, applicant to provide proposed building and sewage envelope complete with dimensions including any/all surrounding well locations (2021 comments). • Township Operations Division — Operations will require a 3.Om road widening along both the severed and retained lands. Warminster Sideroad has been identified as a collector road requiring a 23.Om ROW. As the applicant has proposed an extension of Preston Street for their future development plans, Operations is also requesting a 15m x 15m daylight triangle on the westerly lot, as they will not be the ability to obtain it in the future. • Township Development Engineering: Development Engineering has no objection to the above noted Applications. Note: An Engineered Lot Grading Plan shall be required at the time of Building Permit Application(s). Entrance Permits shall be required from Capital and Infrastructure. Proof of capacity for the proposed Septic Systems and Proposed Wells shall be required by the Building Department. Appropriate Planning / Zoning Approvals shall be required. • Township Environmental Services (2021 comments) — Should the applicant wish to connect to the Warminster Municipal Drinking Water System, applicable Warminster Water Development Charges would be applied and detailed site plans, including proposed connection details would need to be submitted for further review, consideration and comment by Environmental Services. • County of Simcoe: No concern with the severance based on its location in a settlement, however it would need legal access and assuming it also meets all local policies and zoning. • Ministry of Transportation (MTO)(2021 comments) — No concern with the severance but I'd like to suggest that if retained lands are to be developed in the future some of it is within MTO permit control area, and additional public road intersection with Warminster SR should be submitted for MTO review (it should be a minimum of 400m west of Hwy 12). The Warminster SR/ Burnett St. intersection is very close to Hwy 12, and MTO would not approve it to be the sole access point for development of retained lands in the future. • Nottawasaga Valley Conservation Authority (2021 comments): no objection. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Original (2021) Severance Sketch Schedule 4: Applicant's Revised (2022) Severance Sketch Schedule 5: County of Simcoe Official Plan — Land Use Schedule 6: Township Official Plan — Land Use Development Services Committee September 7, 2022 Report No. DS2022-120 Page 8 of 16 Page 110 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... Schedule 7: Existing Zoning Conclusion: Based on Planning Staff's analysis of these applications it is Staff's recommendation that revised Consent Application 2021-B-29, revised Minor Variance Application 2021-A-48, Consent Application 2022-B-25 and Minor Variance Application 2022-A-49 be deferred to allow the applicant time to address the comments received from the Township's Building, Planning, and Operations Divisions. Respectfully submitted: Derek Witlib, MCIP, RPP, Manager, Planning Services Approvals: Date: Andria Leigh, Deputy CAO & Director Development Services September 2, 2022 Development Services Committee September 7, 2022 Report No. DS2022-120 Page 9 of 16 Page 111 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map vaa�r•Ra .Flnonston Ad. eah�eNa� . n�Id T m4ta.r do. Bane V tr Cheslock Cres. LL Demont.Dr. 12 ,re S. IU f0 Cfl fll� Cn Wallis Dr. v C i m Wa rrn i nster_5rd. F1 rA r U O C M Q' Liy r �+ N N c � Y a d Schedule 1 Location Township of ® Subject Lands �W Proud Herftg'e,Exciting Future a 300 m File Number:2021-A-48l2021-B-29 v I 1 1 Development Services Committee September 7, 2022 Report No. DS2022-120 Page 10 of 16 Page 112 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo �eeescee!�e. r: es a-w i1. . Id. r a1 � .1 - l . Demont Dr. I 3 � Warminster Srd. Schedule 2 Aerial Photo Township n� In Subject Lands Proud Heritage,Exciting Future 0 200 m File Number:2021-A-4812021-13-29 N I 1 I I 1 Development Services Committee September 7, 2022 Report No. DS2022-120 Page 11 of 16 Page 113 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicant's Original (2021) Severance Sketch idol C I $ Cy ?A4T I Proposed lands i I to be retained PLAY.11P I > i I � I I � i I � wee* aae moo � T I j PART 5PLAIN 1 I � I I t PART 4 I � err I f I M le. S tr ! i j fk PART 3 I, /easement oposed -a'4ds to cilitate vehicular cess for future s ART evelopment Proposed lands to be severed P PART 1 Meow 694 a - ;M9RiT�i wl f-I, q L)KK3FP1A4 RI]AQALI.C7VVANL:F OF TWF--F.IJ I.UTS 5 A14IJ 5 PIN 74059-0=cJ) -p A R T r, Development Services Committee September 7, 2022 Report No. DS2022-120 Page 12 of 16 Page 114 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... Schedule 4: Applicant's Revised (2022) Severance Sketch 0 gW 0. Z VI 13 w z Flo J I I PART 3 S oI N5892'4O"E I ^ // CIS 27-51 Z 47 N ^� O --1 E lmo � I ril I �o o I � 5 N 1 n d R =-=' VI o PART t I I PART 2 :; `,":-`` PART 1 PIN 740 59-011o( ) LT I a I(AREA-inezx sam.) 0 I 2.50 �2.50 z 4.50 pNN I c N587Y40"E ———— 153-09I. 1e(c7 0 1 � I42'1 Z = I IWG. PART 1zPIN 74059-D1D9(LT)WIDENING TO EXTEND TO N Sw ix 1 0DS1E'+lLY LIMIT OF SUBJECT LAMPSA 4,7,D0(vs>#a)N 511 IV 4D" EPART 6 WE KNOWN As WARWNSTER SIDEROAD I (ORIGINAL ROAD ALLOWANCE RETWEEN LOl 5 AND S) PIN 74059-0002(LT) y— I 1 I Q l I I Development Services Committee September 7, 2022 Report No. DS2022-120 Page 13 of 16 Page 115 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... Schedule 5: County of Simcoe Land Use -VasJRd: no nston Rd E7¢n:¢aM1�¢•Ya kY�Rd. Id. i.Rd. N C IV T i Ina 1119dde1R E hesiock Cres. . emont.Dr. �y w 12 �i, Cres. I1 I11 I° N WallisN �Dr. 1 C m Warminster_Srd' � IY E� LI �f Z U M Q O '— 3 m m o a; _ m :::�L—:4 a Schedule 5 County of Simcoe — Land Use A;Fooss Sub ect Lands �" 1 Agricultural Settlements Greenlands CCCJ��� Proud[/Heritrzge,Exciting Future o 300 m File Number:2021-A-4812021-B-29 'V' I,i 1 Development Services Committee September 7, 2022 Report No. DS2022-120 Page 14 of 16 Page 116 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... Schedule 6: Township Official Plan — Land Use YasaY'Rd:— �,00�s�mn! r Horseah'a�VTIkY lid, I;e.ied., ti C ,a V Chesloc-Cres. FFT Demont_Dr. S zp/ 'in tCres. c7 d N Sian_Dr.— Wal His�,$tLLU :, c 3 Wa mi`nster- rd. m y G C O z Merrington-Ave. T o Y ; v � g Rol5binS_Dr. ' Q c o` d Henry Ball'Ct. `m=Henry-BaII_ct. Grac U N a w Y Schedule 6 Township Official Plan - Land Use 1.*Subject Lands h s'4 T of w�p f �?tf�i Agricultural -Rural Settlement Area Proud Heritage,Exciting Future 0 400 m File Number:2021-A-4&2021-B-29 N I I I I I Development Services Committee September 7, 2022 Report No. DS2022-120 Page 15 of 16 Page 117 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... Schedule 7: Existing Zoning �sJRd .Floonskon'RA, rsesli e•Ya bye[. Te A/RU,Ild le8il.� 11IFIge Rid R1 A/RU Demont Dr. Rl R1 n LC*177 R1 Rd i 3 m r a Warminster Srd. OS*266 OFF Rl*198 R1 a � � C Ri*265 A/RU*15 G R1 N Rl = RL*265 d R1*265 Q, y J •.A/RU � � � R1 Y —�J Schedule 7 10%Existing Zoning 0 R1(Residential One) f qw you reship o 0 LC(Local Commercial) /� �� 0 A/RU(Agricultural/Rural) l� Subject Lands Proud Heritage,Exciting Future 0 os(Open space) I(Institutional) 0 I I I 200 m File Number:2021-A-48l2021-B-29 Development Services Committee September 7, 2022 Report No. DS2022-120 Page 16 of 16 Page 118 of 219 Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) 2- Location: 1750 Warminster Sideroad o .,.., co g• g ( ) Zoning: A ricultural/Rural A/RU � � N ��� - � i Cheslock res. 0 L and Residential One (R1 ) —% = r� � N Official Plan: Agricultural & Rural Settlement17 N 1Na Sf—SFA_- fL Current Use: Vacant/Agriculture co CQ � (D � Pr—d Heritage,Ex W,,g Future co n Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-13-25 (12 West Holdings Inc.) 2 Purpose of 2021-A-48 & 2022-A-49: The applicant is seeking relief from the 0 following sections of Zoning By-law 97-95, as amended, for the purposes of two (2) proposed residential lots, as amended: o N Application 2021-A-48 (Part 1) N Table 131 — Minimum lot area in the Residential One (R1) Zone ^, 0 Required: Proposed: p 0.2 hectares 0.1719 hectares (1719.22 sq. m) % CD (0.49 acres) (0.42 acres) Table 131 — Minimum lot frontage in the Residential One (R1) Zone 7 Required: Proposed: v 30 metres (98.43 feet) 27.51 metres (90.26 feet) CD N � O � O =3 Township of � P"'d Hrriingr,Ez iiing Ferliirr co CD n CD Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) 2 Purpose of 2021-A-48 & 2022-A-49 (cont'd): Application 2022-A-49 (Part 2) 0 Table B1 — Minimum lot area in the Residential One (R1) Zone N 0 Required: Proposed: N 0.2 hectares 0.1594 hectares (1594.18 sq. m) r (0.49 acres) (0.39 acres) 0 m m Table B1 — Minimum lot frontage in the Residential One (R1) Zone Required: Proposed: 30 metres (98.43 feet) 25.51 metres (83.69 feet) v cQ v m m _ v o =3 Th—hipof =3 Pra d Hrriingr,E-iiing Ferliirr co CD n CD Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) 2 Purpose of 2021-B-29 & 2022-B-25: The purpose of Consent Applications Cn 2021-B-29 and 2022-B-25 is the creation of two (2) new residential lots. The details of the proposed consent (severance) applications are: o Application 2021-B-29 0 Lands to be Severed: Lands to be Retained: N Frontage: Approximately 27.51 m(90.29 ft.) Approx. 625 m (2050 ft.) o Depth: Approximately 64.02 m (210.04 ft.) Approximately 610.0 m (2,001.3 ft.) _ Area: Approximately 1,719.22 sq. m Approximately 41.77 ha (103.21 ac.) 0 (0.42 ac.) m Use: Future Residential Continued Agricultural Application 2022-B-25 7 Lands to be Severed: Lands to be Retained: v Frontage: Approximately 25.51 m(83.69 ft.) Approx. 625 m (2050 ft.) v Depth: Approximately 62.52 m(205.12 ft.) Approximately 610.0 m(2,001.3 ft.) m m Area: Approximately 1,594.18 sq. m Approximately 41.8 ha (103.21 ac.) N (0.39 ac.) � o Use: Future Residential Continued Agricultural � Pra d HrHll g,,E-iimg-Ferliirr CO CD n CD Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) 2 Aerial Photo: i 0 3 I�® o I� N O DemonUUr. N N =, O 0 (D 1 (D C ® 7 rn a � c =3 � m � (Q a Warminster Srd... (D ® FN� •I y Pr—d Heritage,Exciting Fufurr CO n Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) 2- I PART 7 0 Applicant's Original *, (2021) Severance ' I Sketch: Proposed lands to be retained ; cI•�y� r�, � i 0 N O PART 3 P I p 777 EF I PART 4 I I t PART 3 ProposedCr easement to it facilitate vehicular access for future PART 2 development ti� i !v `ot _ Proposed lands (Q Io be Severed PART t � amwiu P•. I..en au�u. .n�••••� PA RTY6L ~ y� =3 7, h;p J = Pr—d Heritage,Exciting Future CD n Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) 2- Applicant's Revised (2022) Severance Sketch: I CD az 15 c I PART 3 N o� --1 F�7 1 I w N I„s.Pi . I ART 2 .t: ?AIR o 1 Z I 0 fr °�� I g�ee,rac umww �aa m a (D w�RT 1 I G I I PAsR..:m3 we • nr it m c "o' PART 6 I KNOWN AS WARMINSTFR SIDFROAD =3 r - cQ (D o� I I I N Hw I I �� I � I �� v � Tow�hip co OiY�G"c122tPi �^ Pr—d Heril�gr,Ea ding Pufurz V! n Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) 2- County of Simcoe Official Plan _.... Land Use: CD N O N Chesbck N 1 Demont.Dr 0 12 pro to (D E E r-f Wartninster_STd. _ rc w C."Subject Lands _ =3 v Agricultural N Settlements Y 0 Greenlands � 2=3) �i�oG"c 22�Pi D. Pr—d Heritage,Exciting Future co n l� Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) 2- Township Official Plan - - - 0 Land a d Use: Fez 0 CD N O N 1 CM1eslock6re � N ent or. O a 12 0 c/ai C v (p _ wanassr„ nor.__ CC wa mMaste o` Cr < Merrington live Y � Rob c Henr Ball"C[. =He JsU lV - .Y nry_Ball_Gt_ G a� � C."Subject Lands 0 �]Agricultural 0 Rural Settlement Area l D �D. � cQ Pr—d Heritage,Ex W,,g Future co n Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) 2 Existing Zoning: w. CD N O N i [)em nt N O 0 CD (D i C�C N r-f Cr ,Subject Lands a i o5-rss s Warminster Srtllavy dl � 0 R1 (Residential One) v0 LC (Local Commercial) NCD cD n A/RU (Agricultural/Rural) vas 89 ry U OS (Open Space) 00 0 I (Institutional) =3 Pr—d Heritage,Exciting Fufurr (� CD n CD Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) 2- CD MM,.. ..,....� ......,. .. =aam_ I... TOWxL��oP0.Mf00NrE - _ , (D � Notice signs posted ' �i—hipe,�2tPi � Pr—d Heritage,Exciting Fufurr CO n Minor Variance and Consent Applications 2021 -A-28 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) 2 � _ o CD N O v j 1 Cr v v m W Retained lands Severed lands 0 Tow�hip of =. C9s�,il.�e�oirt� �^ Pr—d Herilg,.Ea W,,g Pufurz V! n Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) 2 0 C, s N N .o w C� v v � cQ Subject Lands viewed from Subject lands v Preston St ,�� Pr—d Heritage,Exciting Fut,,e CO n Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-B-25 (12 West Holdings Inc.) V! - 0 C� Cr v � t v Looking East on Warminster Looking West on Warminster CO Sideroad Sideroad 3 Pr—d Heritage,Exciting Fufurr CD n Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -B-29 & 2022-13-25 (12 West Holdings Inc.) 2L Recommendation for 2021 -A-48 & 2021-B-29: Defer It is recommended: 1. That Report DS2022-120 be received and adopted; p co 2. That revised Consent Application 2021-B-29 and revised Minor Variance Application 2021-A-48 by 12 West Holdings Inc., to permit o the creation of a new residential lot consisting of a severed parcel having an area of approximately 1,719.22 sq. m (0.42 ac.) and a N frontage of approximately 27.51 m(90.29 ft.), on the lands municipally known as 1750 Warminster Sideroad,Township of Oro- Medonte, be deferred to allow the applicant time to address the comments received from the Township's Planning, Building and N Operations Divisions, as outlined in Report DS2022-120. _0 0 m 3. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. 7 v v � m m w � w v o =3 Th—hipof =3 Pra d Hrriingr,Ez iiing Ferliirr co n Minor Variance and Consent Applications 2021 -A-48 & 2022-A-49, 2021 -13-29 & 2022-13-25 (12 West Holdings Inc.) 2- Recommendation for 2022-A-49 & 2022-B-25: Defer It is recommended: 3 1. That Report DS2022-120 be received and adopted; 0 07 N 2. That Consent Application 2022-B-25 and Minor Variance Application 2022-A-49 by 12 West Holdings Inc., to permit the creation of a new residential lot consisting of a severed parcel having an area of approximately 1,594.18 sq. m (0.39 ac.)and a frontage of N approximately 25.51 m(83.69 ft.), on the lands municipally known as 1750 Warminster Sideroad, Township of Oro-Medonte, be N deferred to allow the applicant time to address the comments received from the Township's Planning, Building and Operations o Divisions, as outlined in Report DS2022-120. p m m 3. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. 7 v v � m m w � � v o =3 Th—hipof =3 Pra d Hrriingr,E-iiing Ferliirr co n 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... Alternate Resolution: 2021-B-29 & 2021-A-48 2022-13-25 & 2022-A-49 It is recommended: 1. That Report DS2022-120 be received; 2. That Consent Application 2021-B-29 by 12 West Holdings Inc., be revised to permit the creation of a new residential lot (Part 1 on applicant's sketch) having an area of approximately 1560 sq. m (0.385 ac.) and a lot frontage of approximately 27.51 m (90.29 ft.) less any required daylight triangle, on the lands municipally known as 1750 Warminster Sideroad, Township of Oro-Medonte, be approved subject to the following conditions: a) That the applicant signs the Township's Memorandum of Understanding by which the applicants acknowledge the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, and water and sanitary servicing, on either the vacant severed or vacant retained parcels; b) That the applicants obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte; c) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a road widening, dimensioned to the satisfaction of the Director, Operations and Community Services, along the entire frontage of the severed and the retained lands adjacent to Warminster Sideroad. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the road widening with Warminster Sideroad as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. d) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a daylight triangle, dimensioned to the satisfaction of the Director, Operations and Community Services, at the south-west corner of the subject lands, adjacent to Warminster Sideroad. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear Page 135 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the daylight triangle with Warminster Sideroad as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. e) That the applicant provides, to the satisfaction of the Township's Chief Building Official, a plan showing proposed building and sewage envelope complete with dimensions including separations from any/all surrounding well locations. f) That the applicants pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; g) That all municipal taxes be paid to the Township of Oro-Medonte; h) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted; i) That the applicants' solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; j) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, k) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.) WARNING: Failing to fulfil the conditions within the above-noted statutory two-year period (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 3. That Minor Variance Application 2021-A-48, by 12 West Holdings Inc., be revised to permit a severed lot (Part 1 on applicant's sketch) having an area of approximately 1560 sq. m (0.385 ac.) and a frontage of approximately 27.51 m (90.29 ft.) less any required daylight triangle, on the lands municipally known as 1750 Warminster Sideroad, Township of Oro-Medonte, be approved subject to the following conditions: a) That, notwithstanding Table B1 (Minimum Lot Area and Minimum Lot Frontage in the Residential One (R1) Zone) of Zoning By-law 97-95, the severed lot shall otherwise comply with all other applicable provisions of the Zoning By-Law; and b) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's Minor Variance decision becomes final and binding. Page 136 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... 4. That Consent Application 2022-B-25 by 12 West Holdings Inc., be revised to permit the creation of a new residential lot (Part 2 on applicant's sketch) having an area of approximately 1550 sq. m (0.38 ac.) and a lot frontage of approximately 25.51 m (83.69 feet), on the lands municipally known as 1750 Warminster Sideroad, Township of Oro-Medonte, be approved subject to the following conditions: a) That the applicant signs the Township's Memorandum of Understanding by which the applicants acknowledge the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, and water and sanitary servicing, on either the vacant severed or vacant retained parcels; b) That the applicants obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte; c) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a road widening, dimensioned to the satisfaction of the Director, Operations and Community Services, along the entire frontage of the severed and the retained lands adjacent to Warminster Sideroad. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the road widening with Warminster Sideroad as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. d) That the applicant provides, to the satisfaction of the Township's Chief Building Official, a plan showing proposed building and sewage envelope complete with dimensions including separations from any/all surrounding well locations. e) That the applicants pay to the Municipality a fee of $2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted; h) That the applicants' solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; Page 137 of 219 6.d) 6.05 p.m. DS2022-120, Derek Witlib, Manager, Planning Services re: ... i) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, j) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.) WARNING: Failing to fulfil the conditions within the above-noted statutory two-year period (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 5. That Minor Variance Application 2022-A-49, by 12 West Holdings Inc., be revised to permit a severed lot (Part 2 on applicant's sketch) having an area of approximately 1550 sq. m (0.38 ac.) and a frontage of approximately 25.51 m (83.69 feet) on the lands municipally known as 1750 Warminster Sideroad, Township of Oro-Medonte, be approved subject to the following conditions: a) That, notwithstanding Table B1 (Minimum Lot Area and Minimum Lot Frontage in the Residential One (R1) Zone) of Zoning By-law 97-95, the severed shall otherwise comply with all other applicable provisions of the Zoning By-Law; and b) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's Minor Variance decision becomes final and binding. 6. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Page 138 of 219 6.e) 6.15 p.m. DS2022-119, Andria Leigh, Deputy CAO/Director, Developmen... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2022-119 Committee Andria Leigh, Deputy CAO/Director, Development Services Meeting Date: Subject: Motion # September 7, 2022 Consent Application 2022-B-26 Saeed Rahbar Roll #s: Concession 1, Plan 1 E Pt Lot R.M.S. File #: 4346-010-006-00700 15 (Oro) 69 Barrie Terrace D10-60761 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-119 be received and adopted. 2. That Consent Application 2022-B-26 by Saeed Rahbar, to permit boundary adjustment(s) that would split 69 Barrie Terrace and merge with the two adjacent properties to the east and west. The severed lands having a lot frontage of approximately 9.91 m (32.51 ft.), an irregular lot depth, and a lot area of approximately 0.059 hectares (0.15 acres) to be added to the property located at 67 Barrie Terrace and the retained lands having a lot frontage of approximately 9.91 m (32.51 ft.), an irregular lot depth, and a lot area of approximately 0.059 hectares (0.15 acres) to be added to the property located at 71 Barrie Terrace, be approved subject to the conditions as outlined in Report DS2022-119. 3. The conditions are as follows: a) That the severed lands be consolidated with the receiving lands at 67 Barrie Terrace and that the provisions of Section 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of 67 Barrie Terrace, the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. Development Services September 7, 2022 Report No. DS2022-119 Page 1 of 10 Page 139 of 219 6.e) 6.15 p.m. DS2022-119, Andria Leigh, Deputy CAO/Director, Developmen... b) That the retained lands be consolidated with the receiving lands at 71 Barrie Terrace and that the provisions of Section 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of 71 Barrie Terrace, the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1 ) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. c) That all municipal taxes be paid to the Township of Oro-Medonte. d) That one copy of a Registered Reference Plan of the severed and retained 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 parcels severed and retained, 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 one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands proposed to be severed, retained and merged are located on the south side of Barrie Terrace adjacent to Lake Simcoe. The subject lands, that are currently vacant, are intended to be split in half with the severed lands being merged with 67 Barrie Terrace and the retained lands being merged with 71 Barrie Terrace. The applicant has requested the boundary adjustments/lot additions indicating the vacant lands are undevelopable given the required setbacks from the Township and LSRCA and the proposed split would increase the side yards of the two existing properties to the east and west (Refer to Schedules 1 and 2). Development Services September 7, 2022 Report No. DS2022-119 Page 2 of 10 Page 140 of 219 6.e) 6.15 p.m. DS2022-119, Andria Leigh, Deputy CAO/Director, Developmen... Consent Application 2022-B-26 The purpose of Consent Application 2022-B-26 is for two boundary adjustments/lot additions from 69 Barrie Terrace to the adjacent lands to the east and west (being 67 and 71 Barrie Terrace) to enlarge their residential lot. No new lots are proposed as a result of the boundary adjustment/lot addition; and in fact the current three conveyable parcels will be merged into two parcels through this application. The details of the Consent Application are shown in the table below: Lands to be Severed and Lands to be Retained and merged with merged with 67 Barrie Terrace: 71 Barrie Terrace: Frontage: Approximately 9.91 m 32.51 ft. Approximately 9.91 m 32.51 ft. Depth: Irregular Irregular Area: Approximately 0.059 ha (0.15 ac) Approximately 0.059 ha (0.15 ac) Use: Residential Residential The applicant's consent sketch is included as Schedule 3 to this report. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 1 .1.5 - Rural Lands and Section 2.1 — Natural Heritage are applicable to this application. The type and density of development on these lands has already been established and will not be changing as a result of the boundary adjustments. No new buildings or structures are proposed as part of this application and 69 Barrie Terrace (the subject lands) are already cleared and therefore no adverse impacts are anticipated on the natural heritage features as a result of the boundary adjustment. Based on the above, Planning Staff is of the opinion that this 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 adjustments are consistent with the Rural Areas policies in the Growth Plan as the boundary adjustments do not represent "development" as defined by the Growth Plan. Development Services September 7, 2022 Report No. DS2022-119 Page 3 of 10 Page 141 of 219 6.e) 6.15 p.m. DS2022-119, Andria Leigh, Deputy CAO/Director, Developmen... Section 4.2.2 Natural Heritage System has also been reviewed by Planning Staff with respect to the proposed boundary adjustment and variance applications. The Natural Heritage System policies regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). Since the proposed boundary adjustments do not represent `development' as defined by the Growth Plan, these policies do not affect this application. Based on the above, Planning Staff are satisfied that this application is considered to conform to the policies of the Growth Plan. Lake Simcoe Protection Plan (LSPP) The lands subject to the application are regulated by the Lake Simcoe Region Conservation Authority (LSRCA) due to the proximity to the Lake Simcoe shoreline. The LSRCA was circulated the subject application and through their September 2, 2022 letter have confirmed they have no objection to the application subject to the review fee being paid, which was submitted by the applicant. Staff have reviewed the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial Plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have reviewed the consent application in the context of the LSPP and the following policies are applicable: "6.3-DP Within shoreline built-up areas, an application for development or site alteration within 120 metres of the Lake Simcoe shoreline shall be accompanied by a natural heritage evaluation that satisfies the requirements of policy 6.26..." However as a boundary adjustment the application is not considered development under the definition in the LSPP and therefore the policy would not require the submission of a NHE. Additionally the lands subject to the boundary adjustments are entirely surrounded by existing shoreline residential development and will be merged with parcels that already contain residential development and not adjacent to or in proximity to any other identified Natural Heritage Features. Based on the above, Planning Staff are of the opinion the application conforms to the LSPP and does not require a natural heritage evaluation which has been confirmed by LSRCA staff in their September 2, 2022 correspondence. County of Simcoe Official Plan The subject lands are designated `Rural' in accordance with the County of Simcoe Official Plan. Development Services September 7, 2022 Report No. DS2022-119 Page 4 of 10 Page 142 of 219 6.e) 6.15 p.m. DS2022-119, Andria Leigh, Deputy CAO/Director, Developmen... Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.18). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 129). Planning Staff are satisfied that this boundary adjustment is minor in nature as it will not impact the character of the surrounding uses and both the severed and retained lands once merged with the abutting parcels will continue to be large enough to accommodate their existing residential uses. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated `Shoreline" on "Schedule A — Land Use" of the Township's Official Plan. The objectives of the Shoreline designation area are: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. The Shoreline policies 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." (p. 235). Planning Staff are satisfied that the proposed boundary adjustments are generally in keeping with the intent of the Shoreline policies stated in the Official Plan, and otherwise conforms to the boundary adjustment policies contained in Section D.2.2.2 as no new building lot is proposed and in fact three existing parcels will be merged into two parcels and the proposed boundary adjustment will enhance the viability of the abutting residential use of 67 and 71 Barrie Terrace. Development Services September 7, 2022 Report No. DS2022-119 Page 5 of 10 Page 143 of 219 6.e) 6.15 p.m. DS2022-119, Andria Leigh, Deputy CAO/Director, Developmen... Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Residential Limited Service (RLS) in the Township's Zoning By-law 97-95, as amended recognizing the property fronts onto Barrie Terrace. The proposed severed and retained lands once merged will both continue to comply with the zoning provisions for the Residential Limited Service (RLS) Zone; and in fact will increase the size of both the abutting residential lots. It is my opinion that the consent application conforms to the purpose and intent of the Zoning By-Law. Planning Act, R.S.O. 1990, c.P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is my opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan (LSPP) • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The following Goals of the Plan are relevant to these applications: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Development Services September 7, 2022 Report No. DS2022-119 Page 6 of 10 Page 144 of 219 6.e) 6.15 p.m. DS2022-119, Andria Leigh, Deputy CAO/Director, Developmen... Staff is of the opinion that the application is consistent with the Strategic Plan Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No objection. • Township Development Engineering — No Objection. • Township Building Division — No comments at this time. • Enbridge — No objection. • Lake Simcoe Region Conservation Authority (LSRCA) — we confirm that LSRCA has no objection to the proposed consent subject to the following condition: that the LSRCA review fee ($ 250.00) for the Consent application be paid • County of Simcoe - Attachments: Schedule 1 : Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Sketch Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2022-B-26 for the purposes of a boundary adjustment be approved subject to the conditions as outlined in the recommendations; and on the basis that the application is consistent with the Provincial Policy Statement, conforms to the Growth Plan, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) and represents good planning. Respectfully submitted: Andria Leigh, RPP, MCIP Deputy Chief Administrative Officer/Director Development Services Development Services September 7, 2022 Report No. DS2022-119 Page 7 of 10 Page 145 of 219 6.e) 6.15 p.m. DS2022-119, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 1: Location Map �VnseY'Rd..— -----27---- 21 17 - y` _ -H.. a-Rd 25 23 1i 7/ 35 - Horse h—'VaI!Wy-Rd. 9 12 ow•Rayre•Ra._ 334 -- 10 N 5 i 286 288 290 8 O -'--� 292 294 296 298 I 300 6 ' Shanty 8aY Rd 304 308 310 --- b 4 1r Shanty c Y�aY Rd. C 285 y 61 p� tC0 70 299 64 2 46 287 289 J3 y O m U ��s 1 Barrie Terrace 291 —1f - 69 73 57 71 67 65 51 Location .` 7-0— ® Subject Lands Tnumsh' of Proud Heritage,Exciting Fn1w, 0 100 m He Number:2022-B-26 N I r I Development Services September 7, 2022 Report No. DS2022-119 Page 8 of 10 Page 146 of 219 6.e) 6.15 p.m. DS2022-119, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 2: Aerial Photo —VaseyRd.- 296 � -Moonset 0.d�L 2�6 Ho esn/h--VauerRd. 289 ha��y�Ay 360 a4d.e_ie-Rd. ' Rid9e.�Rnaa 291 / • Imo\ 64 r. 73 edr 2 71 69 67 ; 65 59 51 Aerial Photo �4 ® Subject Lands Tnumshrp of Proud Heritage,Exciting Future 0 100 M File Number:2022-6-26 N r r J Development Services September 7, 2022 Report No. DS2022-119 Page 9 of 10 Page 147 of 219 6.e) 6.15 p.m. DS2022-119, Andria Leigh, Deputy CAO/Director, Developmen... Schedule 3: Proposed Boundary Adjustment Sketch RF,�py7:74 a=•w°' adF'T . • r r-m.•may0,110PLAN PA 7 i4ft p p. $7 Barris .. 71 Barrie Terra II trace RETAINED SEVERED �- PART 3 PART 2 0 -.X i'! Aj .1 I 4' 1 cny l �~ r E77 ._ _ .. L.v i +r� I � Development Services September 7, 2022 Report No. DS2022-119 Page 10 of 10 Page 148 of 219 Consent Application 2022-13-26 (Rahbar) Location: 69 Barrie Terrace ,,qa eQpaWaC4 Zoning: Residential Limited Service l g CD A N P4 a O (RLS) o` syc; N Shad y Shorev�e'� �� � CrE5two0tl Dh (o Official Plan: Shoreline M. Current Use: Vacant Ridge�_ cQ an Ba'Rd. �� �.L�- -Y- ce (D p s„e�e<��anas D m O cD j s 0 ern,Tou„�6;ve� n Pr—d Heritage,Exciting Fufurr 0 G 0 0 3 0 Consent Application 2022-B-26 (Rahbar) CD Purpose: The purpose of Consent Application 2022-B-26 is to sever and merge lands for the purposes of lot additions. No new lots are proposed to be created. o The details of the proposed consent (severance) application are: o N N Lands to be Severed: Lands to be Retained: Frontage: Approximately 9.91 m (32.51 ft.) Approximately 9.91 m (32.51 ft.) D Depth: Irregular Irregular Area: Approximately 0.059 ha (0.15 ac.) Approximately 0.059 ha (0.15 ac.) Use: Vacant and to be merged with Vacant and to be merged with abutting a abutting parcel to east. parcel to west. o CD n v D O_ C 0 o cD 0 Otl- 0 Pra d HrHll gr,E-iimg Ferliirr 0 0 G 0 0 3 0 Consent Application 2022-B-26 (Rahbar) Aerial Photo: 291 � as CD errs N t ce i 71 69 � F7 1� Q 59 r m cQ' 0 m v D O � 0 o n co �/YJG" Pr—d Heritage,Exciting Fufurr 0 G 0 0 3 0 Consent Application 2022-B-26 (Rahbar) Applicant's Consent Sketch: a]same CD LD. (D (D IT 0 OIT Pr—d H,img,E-iii,,g Feehnr (D (D 0 _0 3 0 Consent • • • 1 i • R. • . CD ref ' 4 �q1e .� r � ass.{;'' • 1 • Notice . posted • • 1 • 1 Consent • • • 1 i • R. • . CD �r i • Severedlands • • Consent Application 2022-B-26 (Rahbar) - 0 CD N O N r m - 0 O Lands adjacent to Lands adjacent to 67 Barrie Terr 71 Barrie Terr �404 Pr—d Heritage,Exciting Fufurr 0 G 0 0 3 0 Consent Application 2022-13-26 (Rahbar) 0 N O s+r Q ,u View looking East on View looking West on o CY Barrie Terrace Barrie Term Aroard Hrritagr,Exciting Fufurr G 0 Consent Application 2022-B-26 (Rahbar) Cn Recommendation: Approve It is recommended: 0 CD N 1. That Report No. DS2022-119 be received and adopted. o N 2. That Consent Application 2022-B-26 by Saeed Rahbar,to permit boundary adjustment(s)that would split 69 Barrie Terrace and merge with the two adjacent properties to the east and west. The severed lands having a lot frontage of approximately 9.91 m (32.51 ft.), an irregular lot depth, and a lot area of approximately 0.059 hectares(0.15 acres)to be added to the property located D at 67 Barrie Terrace and the retained lands having a lot frontage of approximately 9.91 m(32.51 ft.), an irregular lot depth,and a =3 lot area of approximately 0.059 hectares(0.15 acres)to be added to the property located at 71 Barrie Terrace, be approved CL subject to the conditions as outlined in Report DS2022-119. v r 3. The conditions are as follows: m (Q' a) That the severed lands be consolidated with the receiving lands at 67 Barrie Terrace and that the provisions of Section 50(3) y and 50(5)of the Planning Act apply to any subsequent conveyance of, or other transaction involving,the identical subject 0 parcel of land.Therefore, once the subject parcel of land has been conveyed to the owner of 67 Barrie Terrace,the subject (D parcel and the said abutting parcel shall be consolidated and become one parcel of land.A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1)implement the conveyance and merger;2)consolidate the severed and benefitting parcels to one Property Identification Number;and 3)alter the benefitting n 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. D cc CD O � \0 Prair(HnilnRr,Esrrlinq Ferhirr G 0 Consent Application 2022-B-26 (Rahbar) CD Recommendation (cont'd): Approve c) That the retained lands be consolidated with the receiving lands at 71 Barrie Terrace and that the provisions of Section 0 50(3)and 50(5)of the Planning Act apply to any subsequent conveyance of, or other transaction involving,the identical N subject parcel of land.Therefore, once the subject parcel of land has been conveyed to the owner of 71 Barrie Terrace, O the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land.A Solicitor's written N N 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. D d) That all municipal taxes be paid to the Township of Oro-Medonte. CL e) That one copy of a Registered Reference Plan of the severed and retained lands prepared by an Ontario Land Surveyor be v' submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. r f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcels severed and retained, m for review by the Municipality. g) That the Certificate of Consent be issued utilizing Form 4, Section 53(42)of the Planning Act R.S.O. 1990,to merge the 0 parcels. m h) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision(Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within n cc the above-noted statutory periods(Sections 53(41)&53(43),the Planning Act R.S.O.1990)shall cause the D m application to lapse and render this Decision null and void. O � 0 00 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature CD n N CD (9s1 �o% eosrte o 0 G 0 0 3 0 6J) 6.25 p.m. DS2022-115, Danielle Waters, Planner re: Minor Variance A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-115 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # September 7, 2022 Minor Variance Application 2022-A-50 Roll #: James Taylor R.M.S. File #: 4346-020-002-14800 4885 Line 6 North D13 60759 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-115 be received and adopted. 2. That Minor Variance Application 2022-A-50 by James Taylor specifically to enlarge a non-conforming use by permitting the construction of a garage addition to an existing single detached dwelling with an interior side yard setback of 1.5 metres (5.0 feet) on lands municipally known as 4885 Line 6 North, be approved, subject to the conditions as outlined in Report DS2022-115. 3. The conditions are as follows: a) That notwithstanding Table A5, Table B5 and Section 7.58, the single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is no closer than 1.5 metres (5.0 feet) from the interior lot line; d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services September 7, 2022 Report No. DS2022-115 Page 1 of 10 Page 159 of 219 6J) 6.25 p.m. DS2022-115, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.49 hectares (1.2 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling. The applicant is proposing to construct a new garage addition to the existing dwelling. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Table A5 — Permitted Uses, Private Recreation Zone and Section 7.58 Private Recreation Exception 58 Zone Permitted. Proposed: Existing uses only Enlargement/extension of existing dwelling Table B5 — Private Recreation, Interior side yard Required. Proposed: 7.5 metres 24.6 feet T1 .5 metres 5.0 feet The applicant's site plan and elevation drawings 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, Section 1.1 .5 — Rural Lands and Section 2.1 — Natural Heritage are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas/Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. This is an existing non-farm residential lot, and does not conflict with sections 1 .1 .4 or 1 .1 .5. Within the Township's Official Plan, a Significant Woodland has been identified across the street on the west side of Line 6 North. Given that the feature is across the road, down a long driveway, and construction is occurring behind the existing house, Planning Staff do not believe any benefits will be added by requiring an Environmental Impact Study. The proposed addition is 140m away from the feature. Planning Staff is of the opinion that this application conforms to the PPS, 2020, as the proposed addition is compatible with the rural landscape. Development Services September 7, 2022 Report No. DS2022-115 Page 2 of 10 Page 160 of 219 6J) 6.25 p.m. DS2022-115, Danielle Waters, Planner re: Minor Variance A... A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. this section has been reviewed and Planning Staff are of the opinion that the application is consistent. Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features states any feature within 120m requires a Natural Heritage Evaluation. Since the proposed construction is further than this, a study is not required. Planning Staff are of the opinion that the proposed application is consistent with the policies in the Growth Plan 2020 as the land subject to this application is an existing residential lot in a rural area. County Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the Rural designation. In Planning Staff's opinion, the application conforms to the County's Official Plan as the construction of an addition to the dwelling, as being proposed by this application, 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(2)(a)(i) for the consideration of the enlargement or extension of the building or structure whose use is not currently permitted by the Zoning By-law, if that building or structure was used for a purpose lawfully permitted on the day the Zoning By-law was passed and that use has continued until the date of the application to the Committee. Consideration should be given to whether the enlargement or extension of the non- conforming building or structure would hinder the achievement of the goals, purpose or intent of the Official Plan and Zoning By-law, and the desirability for development of the property in question and the impact on the surrounding area. 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. Development Services September 7, 2022 Report No. DS2022-115 Page 3 of 10 Page 161 of 219 6J) 6.25 p.m. DS2022-115, Danielle Waters, Planner re: Minor Variance A... 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 Township's Official Plan identifies the subject lands to be within the Mount St Louis Moonstone designation. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variance pertaining to the construction of an addition to the existing dwelling is considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Private Recreation Exception 58 (PR*58) in the Township's Zoning By-law 97-95, as amended. Exception 58 states "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". The variance for Table A5 and Section 7.58 is to allow for an expansion of an existing non-conforming structure. Single detached dwellings are not a permitted use in this zone, however, according to MPAC records the current residential dwelling was constructed in 1935 and therefore pre-dates the Township's current Zoning By-law and any preceding Zoning By-laws. Therefore the existing building and its use meet the requirements of Section 45(2)(a)(i) of the Planning Act for eligibility for extension or enlargement. The residential use of the building on the property has been carried out for 87 years (since 1935) with no known negative impacts on or conflicts with the adjacent private recreation use (Mount St. Louis Ski Resort). In Planning Staff's opinion, permission to enlarge the building will not create any land use conflicts or interfere with the range of private recreation activities that are permitted by the Zoning By-law on the adjacent lands. The primary purpose of the interior side yard setback is to provide spatial separation between structures and the lot line, as well as to provide space for access around a structure for maintenance purposes. Notwithstanding the proposed variance, Planning Staff believe that the proposed setback will provide an adequate setback from the lot line and not restrict parking on the lot, since the addition will not interfere with the relatively existing large driveway on the lands. 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. Are the variances desirable for the appropriate development of the lot? Development Services September 7, 2022 Report No. DS2022-115 Page 4 of 10 Page 162 of 219 6J) 6.25 p.m. DS2022-115, Danielle Waters, Planner re: Minor Variance A... Planning Staff does not expect the proposed addition to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the proposed single detached dwelling addition would be visible from the neighbouring properties, however, there is mature vegetation along the lot lines to provide a buffer to the proposed structure. The proposed structure will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are 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 is minor in nature as the addition is not anticipated to have an adverse impact on the neighbourhood. The proposed variance will keep the existing driveway and mature vegetation in place, therefore providing a buffer for the proposed structure from 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 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: Development Services September 7, 2022 Report No. DS2022-115 Page 5 of 10 Page 163 of 219 6J) 6.25 p.m. DS2022-115, Danielle Waters, Planner re: Minor Variance A... 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 objection • Township Building Department — no comments 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-50 be approved, specifically, to permit the construction of a single detached dwelling addition with a reduced side yard setback to 1.5 metres (5.0 feet) on lands municipally known as 4885 Line 6 North, 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 September 2, 2022 Andria Leigh, Deputy CAO/Director, Development Services September 2, 2022 Development Services September 7, 2022 Report No. DS2022-115 Page 6 of 10 Page 164 of 219 6J) 6.25 p.m. DS2022-115, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map —Vasey-Rd.— -f1o°nsConeRd. Horsesh-4,11ey-Rd. UId6a_e•Rd. i N u �Rid4e,.�R°°d 5090 Z. 2 C J 4800 386 246 4748 P' R 4739 +i 226 4734 � Mount=St-__Lous_Rd.-_W. 721"2 191 179 167 83 69 103 4662 4613 i �Oir/l �� 99 Location ^. l� Subject Lands (qvTocyraship of Proud Heritage,Exciting Future 0 loom File Numbor:2022-A-50 N �� Development Services September 7, 2022 Report No. DS2022-115 Page 7 of 10 Page 165 of 219 6J) 6.25 p.m. DS2022-115, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo —�YaseyRd.— y -Moanstone/Rd.s..-\ Honesh—VAIeY-Rd� i —Rid } 4885 Z Gl C J w 24 A800 Aerial Photo Q Subject Lands Township o Proud Heritage,Exciting Future o 100 m File Number.2022-A-50 N I 1 1 I Development Services September 7, 2022 Report No. DS2022-115 Page 8 of 10 Page 166 of 219 6J) 6.25 p.m. DS2022-115, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants Proposed Site Plan six.rn PIFO FEN iitON WWI 6Y w= 00,C MAk O.LS PART OF LOT 77 CdM F TOWigwp of OR6- mo-TE CCWI OF G.COE INDICATE THE ROOF DRAINAGE TO BE DIRECTED TO THE EXISTING SWAL.E/DITCH LINE. WILL BE REVEWED BY BUILDING DEPARTMENT DURING CONSTRUCTION. w` a55p k wrFow�w \� 1u��1 u xr-er Applicant's Site Plan 0 T��v] f cite Proud Heritage,Fxtitirl,E hiture File Number 2022-R-50 Development Services September 7, 2022 Report No. DS2022-115 Page 9 of 10 Page 167 of 219 6J) 6-25 p.m. DS2022-115, Danielle Waters, Planner re- Minor Variance A Schedule 4: Applicants Proposed Elevation El ago ................................. ....................................... El— FE M ------------------------------- —-—-—--------------------------------------------- -- Sir Applicant's Elevation Drawings Proud Heritage,Fxcitii�q hiture File Number 2022-A-50 Development Services September 7, 2022 Report No. DS2022-115 Page 10 of 10 Page 168 of 219 Minor Variance Application 2022-A-50 (Taylor) Location: 4885 Line 6 North Cn Zoning: Private Recreation o Exception 58 (PR*58) o N m n c a � Official Plan: Mount St Louis o Moonstone Current Use: Residential �o CD � p swim rage: v (D (�D CD O � T-,-hip of O. Praiir(HrrirnRr,Ezrifing Ferliirr 0 n CD D Minor Variance Application 2022-A-50 (Taylor) Purpose: The applicant is proposing to construct a garage addition to an Cn existing single detached dwelling. The applicant is seeking relief to the following 3 sections of Zoning By-law 97-95, as amended: o N Table A5— Permitted Uses, Private Recreation Zone and Section 7.58 Private Recreation Exception 58 Zone cn Permitted: Proposed: o Existing uses only Enlargement/extension of existing dwelling D. m m Table B5— Private Recreation, Interior side yard 0 m Required: Proposed: 7.5 metres (24.6 feet) 1.5 metres (5.0 feet) � v m =3 m o CD m Th—hip f O. Praiir(HrrinRr,Ezrifing Ferliirr � n CD D Minor Variance Application 2022-A-50 (Taylor) Aerial Photo: CD O N 4R85 � N 2 N � C J �r W 24 (p• CD r-f CD R k CD s (p isl��E'CCCJ/7t(% Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2022-A-50 (Taylor) Applicant's Site Plan: Cn INDICATE THE ROOF DRAINAGE TO BE — )IRECTED TO THE EXISTING SWALE/DITCH LINE. BALL BE RENEWED BY BUILDING x�,m DEPARTMENT DURING CONSTRUCTION. CD m. oR:poe O _ N an.xi�niw iae s x owunc ( ,q_r CCD CD (D CD (D CD T—hip of Araard HnilnRr,Ezrifing Ferliirr � n CD D Minor Variance Application 2022-A-50 (Taylor) Applicant's Site Plan Detail: EXISTING SHED 3 TO BE REMOVED EXISTING GARAGE TO BE REMOVED Requested Variance CD �cc�Y N o Eon}a O EXISTING BREEZEWAY `v E x a m N TO BE REMOVED a i io y rCD N -- CD o I EXISTING 2-STOREY DWELLING CD 60'-O (n (Q =3 (D PROPOSED 1-STORFY =3 EXISTING ATTACHED GARAGE CD J DECK W PROPOSED COVERED (D ALCOVE l.f�t =. Pr—d Heritage,Exciting Fufurr O M. 0) n CD D Minor Variance Application 2022-A-50 (Taylor) Applicant's Elevation Drawings: Cn N O j Ifl ID C ®� m ED ® r y (D a N ►g ® V D (D (D CD v � O V1Y/G'es��E%CG(/1GGr/ D. Arard Hrritagr,Exciting Fufurr O n CD D Minor Variance Application 2022-A-50 (Taylor) k' CD C31 * 0 u� N O C31 C. (D Fk X v `° North on Line 6 South on Line 6CD 0 (4i % 0 0 Pr—d Heritage,Exciting Fufurr M. 0) n CD D a b^ ; • �14 f L k� 1it axe P 4885 Minor Variance Application 2022-A-50 (Taylor) 4 CD r I ® O y N CD CD (D 1 (D 'AN� v (D � Existing accessory Existing dwelling o building T—hip of Pr—d Hn doge,E-iiinq Feehnr M. 0) n CD D Minor Variance Application 2022-A-50 (Taylor) N To be removedCD N 0 N C n Location of addition, -_ �- red lines are the approximate stake locationsi v m w m m o Pr -ard Hrritagr,Exciting Fufurr � n CD D Minor Variance Application 2022-A-50 (Taylor) Recommendation: ApproveIQ It is recommended: 1. That Report No. DS2022-115 be received and adopted. 0 07 2. That Minor Variance Application 2022-A-50 by James Taylor specifically to enlarge a non-conforming use by permitting the o construction of a garage addition to an existing single detached dwelling with an interior side yard setback of 1.5 metres(5.0 feet) N on lands municipally known as 4885 Line 6 North, be approved,subject to the conditions as outlined in Report DS2022-115. N 3. The conditions are as follows: a) That notwithstanding Table A5,Table B5 and Section 7.58,the single detached dwelling addition shall otherwise comply p with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions CD' as set out on the application and sketches submitted and approved by the Committee; (=p c) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the v footing and if no footing,the foundation,that the single detached dwelling addition is no closer than 1.5 metres(5.0 feet) (D from the interior lot line; tin d) 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. cQ =3 CD4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. m co (D 0 N � s To hip of O. Prair(HnilnRr,Esrrlinq Ferhirr � M. 0) n CD D 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2022-118 Development Services Committee Catherine McCarroll Intermediate Planner Meeting Date: Subject: Motion # September 7, 2022 Consent Application 2022-B-27 and Minor Variance Application Roll #: 2022-A-51 by Roderick Charlton R.M.S. File #: 4346-010-002-30040 3324 Line 4 North D10- D13- Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2022-118 be received and adopted; 2. That Consent Application 2022-13-27 by Roderick Charlton, to permit the creation of a new residential lot consisting of a severed parcel having an area of approximately 0.2 hectares (0.5 acres) and a frontage of approximately 61 .0 m (200.1 ft.) and a retained parcel having a lot area of approximately 0.65 hectares (1.6 acres) and a frontage of approximately 44.0 m (144.4 ft.), be approved subject to the conditions as outlined in Report DS2022-118. 3. The conditions are as follows: a) That the applicant sign the Township's Memorandum of Understanding by which the applicant acknowledge the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, and water and sanitary servicing, on either the retained or vacant severed parcels; b) That the applicant obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte; c) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 3.0 metre road widening along the entire frontage of the severed and retained lands adjacent to Line 4 North to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the 3.0 metre widening with Line 4 North as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating Development Services September 7, 2022 Report No. DS2022-118 Page 1 of 16 Page 180 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant; d) That the applicant apply for and obtain an amendment to Site Plan Application 2010- SPA-07 to reflect the new building and septic envelopes and tree preservation on the retained lands; e) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; h) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; i) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, j) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted statutory two-year period (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2022-A-51 by Roderick Charlton, specifically to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 61 .0 metres (200.1 feet), and a retained lot with a minimum lot area of 0.65 hectares (1.6 acres) and a minimum lot frontage of 44.0 metres (144.4 feet), on lands municipally known as 3324 Line 4 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2022-118. 5. The conditions are as follows: a) That, notwithstanding Exception 187 of Zoning By-law 97-95, the severed and retained lots shall otherwise comply with all other applicable provisions of the Zoning By-Law; b) That the applicant apply for and obtain Site Plan approval from the Township for the proposed dwelling on the severed lands to identify building and septic envelopes on the lands and to require tree preservation outside of the identified building and septic envelopes to the satisfaction of the Planning Division; c) That the proposed building envelope and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and approved by the Committee; and, d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after: i. The Committee's Minor Variance decision becomes final and binding; and, Development Services September 7, 2022 Report No. DS2022-118 Page 2 of 16 Page 181 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... ii. The applicant has obtained Site Plan Approval from the Township for the severed lands pursuant to Section 41 of the Planning Act. 6. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background: Property Information The property is located on the west side of Line 4 North, south of Horseshoe Valley Road West, to the south of the OPP station and the Huronia Nurse Practitioner-Led Clinic. The lot is approximately 0.8 hectares (2.08 acres) in size, according to MPAC records, and contains a single detached dwelling. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Previous Planning Applications This property has been subject to a number of Planning Applications over the years. A chronology of the Planning Applications is listed below: • Official Plan Amendment application 2008-OPA-02 was submitted in August 2008, for the purpose of re-designating the 6.16 hectares (15.2 acres) parcel from the "Horseshoe Valley- Medium Density Residential" designation to the "Horseshoe Valley— Low Density Residential" designation (OPA No. 28). The purpose of the Official Plan Amendment was to sever the lands into four residential lots. Official Plan Amendment No. 28 was adopted by Township Council on February 11, 2009, and approved by Simcoe County Council on June 4, 2009. • Zoning By-law Amendment Application 2008-ZBA-10 was submitted concurrently with the Official Plan Amendment. The purpose of the Zoning By-law Amendment was to rezone the subject lands from the Agricultural/Rural Exception 15 (A/RU*15) Zone to the Residential One Exception 187 (R1*187) Zone. The Zoning By-law Amendment was approved by Township Council on February 11 , 2009. • Consent Applications 2009-B-20 to 2009-B-23 were approved on July 16t", 2009 to permit the creation of the four new residential lots. • The property was subject to Site Plan Control (2010-SPA-07) to ensure that the placement of the dwelling, driveway, septic system and other structures was appropriately located on the subject lands and to ensure tree preservation. Consent Application 2022-B-27 The purpose of Consent Application 2022-B-27 is the creation of a new residential lot. The Applicants' consent sketch is included as Schedule 3 to this report. The details of the proposed consent (severance), are provided in the table below. Development Services September 7, 2022 Report No. DS2022-118 Page 3 of 16 Page 182 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... Lands to be Severed: Lands to be Retained: Frontage: Approximately 61.0 m (200.1 ft.) Approx. 44.0 m (144.4 ft.) Depth: Irregular irregular Area: Approximately 0.2 ha (0.5 ac.) Approximately 0.65 ha (1.6 ac.) Use: Future Residential Development—Development-7 Existing Residential Use Minor Variance Application 2022-A-51 The lands are also the subject of a related Minor Variance Application 2022-A-51. The applicant is proposing to sever lands for the creation of a new residential lot and is seeking relief to the following sections of Zoning By-law 97-95: Lands to be severed: Section 7.187 (c) — Minimum Lot Area Required: Proposed: 1.45 hectares 3.6 acres 0.2 hectares 0.5 acres Section 7.187 c — Minimum Lot Frontage Required: Proposed: 105.1 metres 344.8 feet 61 .0 metres 200.1 feet Lands to be retained: Section 7.187 (c) — Minimum Lot Area Required: Proposed: 1 .45 hectares (3.6 acres) 0.65 hectares (1.6 acres) Section 7.187 (c) — Minimum Lot Frontage Required: Proposed: 105.1 metres (344.8 feet) 44.0 metres (144.4 feet) Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 1.1 .3 — Settlement Areas and Section 1 .6.6 Sewage, Water and Stormwater are applicable to this application. The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Development Services September 7, 2022 Report No. DS2022-118 Page 4 of 16 Page 183 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... Specifically, Section 1.1.3.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Furthermore, Section 1.1.3.4 states: "appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form" (p. 9). The subject lands are located in an established Rural Settlement Area (Horseshoe Valley) which is intended to be the focus of growth and development and where development is encouraged with consideration to rural characteristics, the scale of development and the provision of appropriate service levels. Section 1.6.6 Sewage, Water and Stormwater of the PPS contains policies that promote the efficient use and optimizes existing municipal services. Section 1.6.6.5 of the PPS states that partial services (municipal water services and individual on-site sewage services) shall be permitted "within settlement areas, to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts" (p.19). Township Environmental Services Staff have reviewed the subject applications and noted that the severed lands will be serviced by private septic systems and municipal drinking water (Horseshoe Highlands Drinking Water System). The subject lands are located within the Horseshoe Valley Settlement Area; therefore, Planning Staff is of the opinion that these applications are consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth" and directs development to settlement areas. Specifically, Section 2.2.1 .2 (b) permits limited growth in rural settlement areas and settlement areas that are not serviced by existing or planned municipal water and wastewater systems. In this case, the severed and retained lots will be serviced by municipal water and private septic systems. Section 2.2.9, Rural Areas, is also applicable to this application and Planning Staff is of the opinion that the proposed residential lot is consistent with the Rural Areas policies as the lands subject to this application are located within a rural settlement area (Horseshoe Valley). Since the proposed development is located within the Horseshoe Valley settlement area and since the Township's Environmental Services Department has provided comments that support the proposed servicing of the lands, it is Planning Staff's opinion that these applications conform to the Growth Plan. County of Simcoe Official Plan The subject lands are designated "Settlements" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. Pursuant to Table 5.1 of the County's Official Plan, Horseshoe Valley is recognized as a settlement area in the Township. Section 3.5 of the County Official Plan contains policies relating to the "Settlements" designation. The objectives of the "Settlements" designation are to: "focus population and employment growth and development within settlements...to develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services...to promote development forms and patterns which minimize land consumption and servicing Development Services September 7, 2022 Report No. DS2022-118 Page 5 of 16 Page 184 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... costs" (p.26). Settlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. Additionally, Section 3.3 of the County's Official Plan contains "General Development Policies" for lot creation. Specifically, Section 3.3.4 states: "Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe, the Province of Ontario, or local municipalities." (p. 18). In this case, the severed parcel would have frontage on Line 4 North. In Planning Staff's opinion, the applications appear to generally conform to these policies as the proposed lot is limited in size and is located within a rural settlement area, which is already developed, and therefore it is not anticipated to have any adverse effect on any agricultural uses or environmental features. Township of Oro-Medonte Official Plan The subject lands are located within the Horseshoe Valley Rural Settlement Area and are designated Low Density Residential according to Schedule `D' of the Township's Official Plan. Specifically, Section C14.3.4.1 identifies single detached dwellings as a permitted use in the Horseshoe Valley Low Density Residential Designation. This section states that "the density of residential development shall generally not exceed 7.0 units per gross hectare". The proposed severance of one residential lot would result in a density well below this maximum. For the purposes of the creation a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies contained in Section D2.1 and D2.2.1 of the Township's Official Plan, in evaluating the proposed application for consent. These policies and Staff's comments are provided below: Section D2.1 — Preferred Means of Land Division Land division by Plan of Subdivision, rather than by consent, shall generally be required if: a) the extension of an existing public road or the development of a new public road is required to access the proposed lots; or, b) the area that is proposed to be developed is not considered to be infilling; or, c) a Plan of Subdivision is required to ensure that the entire land holding or area is developed in an orderly and efficient manner, or, d) more than four lots including the retained lands are being created and/or the owner is retaining sufficient lands for the development of additional lots. In Planning Staff's opinion, Consent rather than a Plan of Subdivision, would be the appropriate means through which to consider the proposed lot as infilling on a Township maintained road. Development Services September 7, 2022 Report No. DS2022-118 Page 6 of 16 Page 185 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... For the purposes of the creation a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed application for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1, "New Lot by Consent — General Criteria".- a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed parcel would front onto a Township road, specifically Line 4 North, which is maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The subject lands do not have direct access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Conforms: The Township's Operations Department has been circulated for comments and have not identified any traffic safety concerns, but have advised that a 3.0 metre (9.8 feet) road widening will be required along the frontage of both the severed and retained lands. Line 4 North has been identified in the Road Network Plan as a collector road requiring a 23.0 metre (75.5 feet) right-of-way. Upon site visit, Planning Staff noted that the severed lands would require a new municipal entrance. The applicant will be required to obtain an Entrance Permit for the new entrance. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Conforms- Subject to approval of Minor Variance Application 2022-A-51 , both the severed and retained parcels would comply with the Zoning By-law. The applicant is seeking relief from the Zoning By-law to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 61.0 metres (200.1 feet) and a retained lot with a minimum lot area of 0.65 hectares (1 .6 acres) and a minimum lot frontage of 44.0 metres (144.4 feet). Additionally, the existing and proposed residential uses are permitted and compatible with the adjacent land uses. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: Environmental Services Staff have confirmed that the severed lands is to be serviced by private septic system and municipal drinking water (Horseshoe Highlands Drinking Water System). The severed lot will be subject to applicable development charges and connection fees related to provision of Municipal drinking water. These fees will be charged at the issuance of the Building Permit for the dwelling. Development Services September 7, 2022 Report No. DS2022-118 Page 7 of 16 Page 186 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The severed lands appear to have sufficient area to accommodate any on- site grading to ensure that drainage patterns will not be negatively impacted. The proposed dwelling on the severed lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- As proposed, the lands to be retained and severed would not restrict the development of any other lands. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conforms- No natural heritage concerns have been identified by Planning Staff in the review of these applications. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the application conforms. On the basis of the analysis of the applications in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the applications conform to the policies of the Township's Official Plan. Zoning By-law 97-95 The subject lands are zoned Residential One Exception 187 (R1*187) in the Township's Zoning By-law 97-95, as amended. Exception 187 states the following: a) Notwithstanding Section 5.32 of this By-law, the following zone provisions apply on the lands denoted by the symbol R1*187 on the schedules to this By-law: No building or structure shall be located within 5 metres of a slope or embankment that exceeds 33% or 3 to 1 ; Development Services September 7, 2022 Report No. DS2022-118 Page 8 of 16 Page 187 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... b) The minimum required setback from County Road 22 (Horseshoe Valley Road West) shall be 15 metres; c) Notwithstanding the provisions of Section 4.0 —Use standards, Table B1 "Standards for Permitted Uses on the R1,R2,RUR2, SR and RLS Zones" the following provisions will also apply: Lot 1 Lot 2 Lot 3 Lot 4 Minimum Lot Area 1.45 ha 1.23 ha 1.45 ha 2.04 ha Minimum Lot 1051 m 59.0 m 35.3 m 47.4 m Frontage As per Table Al, a single detached dwelling is permitted in the Residential One (R1) zone. Subject to approval of Minor Variance Application 2022-A-51, both the severed and retained parcels would comply with the Zoning By-law. The applicant is seeking relief from the Zoning By-law to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 61.0 metres (200.1 feet) and a retained lot with a minimum lot area of 0.65 hectares (1 .6 acres) and a minimum lot frontage of 44.0 metres (144.4 feet). These variances will be examined in more detail in the following sections. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? As described above, the subject lands are located within the Horseshoe Valley Rural Settlement Area and are designated Low Density Residential according to Schedule `D' of the Township's Official Plan. The Low Density Residential designation permits a single detached dwelling, among other uses, and states that the density of residential development shall generally not exceed 7.0 units per gross hectare. In order to facilitate the severance, the applicant is requesting a reduced lot area and a reduced lot frontage for both the severed and retained lands. Despite the reduced lot sizes, the proposed density would remain well below the maximum density of seven units per gross hectare. Section B5.1 .4 of the Township's Official Plan deals with hazardous slopes. There is a steep slope at the rear of the subject lands. As part of the previous Development Applications, a Slope Stability Report had been prepared which contained provisions for construction within Development Services September 7, 2022 Report No. DS2022-118 Page 9 of 16 Page 188 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... 5.0 metres (16.4 feet) of the slope crest. Nevertheless, Exception 187 in the Township's Zoning By-law states that "no building or structure shall be located within 5 metres of a slope or embarkment that exceeds 33% of 3 to 1". Notwithstanding the reduced lot size, there was sufficient space to fit the dwelling on the retained lands outside the required 5.0 metres (16.4 feet) setback from the top of bank of the slope. The applicant's consent sketch illustrates that there is adequate space to situate a dwelling on the severed lands while complying with the required 5.0 metres (16.4 feet) setback from the top of bank of the slope. Based on above, Planning Staff is satisfied that the proposed variances conform to the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? As described above, the subject lands are zoned Residential One Exception 187 (R1*187) in the Township's Zoning By-law 97-95, as amended. Exception 187 requires a minimum lot area of 1 .45 hectares (3.6 acres) and a minimum lot frontage of 105.1 metres (344.8 feet) for this lot. In comparison, lots in the Residential One Zone require a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). Both the severed and retained lands require a minor variance to address the proposed deficient lot areas and lot frontages. The applicant is proposing a lot area of 0.2 hectares (0.5 acres) for the severed lands and a lot area of 0.65 hectares (1 .6 acres) for the retained lands, and proposing a lot frontage of 61.0 metres (200.1 feet) for the severed lands and a lot frontage of 44.0 metres (144.4 feet) for the retained lands. The Zoning By-law's minimum lot frontage and lot area requirements are intended to ensure that there is adequate space on the lot to fit a dwelling, private individual services (well and septic system) when other forms of servicing are unavailable, and driveway, with appropriate setbacks to the neighbouring dwellings. The severed lands will be serviced by a private septic system and Municipal drinking water (Horseshoe Highlands Drinking Water System). Planning Staff reviewed all the previous Development Applications, in addition to the Planning Justification Report (PJR) that was submitted with the Official Plan Amendment and Zoning By-law Amendment applications to get a better understanding of why exception 187 required such large lot sizes and large lot frontages compared to the typical Residential One (R1) zone which requires a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). The PJR's rational for the Official Plan Amendment to reduce the density, from medium to low density, was due to the site topography and the difficulty the physical site conditions created for implementation of the higher densities. The PJR stated that the Zoning By-law Amendment would limit lot sizes to ensure no further subdivision could take place but did not state why the lots had to be so large considering the maximum density set out in the Official Plan's Horseshoe Valley- Low Density Residential designation is 7.0 units per gross hectare and the original four lots resulted in a density of approximately 0.65 units per gross hectare. In Planning Staff's opinion, the proposed lot areas, which are equal to and larger than the standard Residential One Zone lot areas, remain large enough to support a dwelling, driveway and septic system, as well as maintain the required setbacks. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Development Services September 7, 2022 Report No. DS2022-118 Page 10 of 16 Page 189 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the existing single detached dwelling on the retained lands is setback significantly from the road and is barely be visible from the road due to the large number of trees. Site Plan Agreement 2010-SPA-07 was registered on title of the subject lands. One of the development restrictions listed in the Site Plan Agreement was tree preservation and that a maximum of 50% tree removal was permitted within the established building envelope. In order to ensure that this development restriction is carried forward on the severed and retained lands, Planning Staff recommend as a condition of consent that the applicants apply for and obtain an amendment to Site Plan Application 2010-SPA-07 to reflect the changes to the retained lands. Further, Planning Staff recommend as a condition of the Minor Variance that the future owners of the severed lands apply for and obtain Site Plan approval from the Township for the proposed dwelling prior to issuance of a Zoning Certificate and Building Permit. In Planning Staff's opinion, the lots would be fully functional with respect to matters such as servicing, parking, setbacks and outdoor amenity space associated with the proposed single detached dwellings. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as there remains adequate space on the severed lot to fit a dwelling, septic system and driveway, with appropriate setbacks to the lot lines. The proposed development is not anticipated to have any adverse impact on the character of the existing residential neighbourhood or on the use and enjoyment of the surrounding properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Development Services September 7, 2022 Report No. DS2022-118 Page 11 of 16 Page 190 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Township of Oro-Medonte Protection and Enhancement of Tree Canopy Policy Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — Development Engineering has No Objection to the above noted Applications. An Engineered Lot Grading Plan (ELG) shall be required for the Severed Lot at the time of Building Permit Application. • Township Infrastructure and Capital Projects — Operations will require a 3.Om road widening along Line 4 N across both the severed and retained lands. • Township Building Division: o Owner/applicant to ensure all on-site sewage systems conform to the clearances outlined in the Ontario Building Code o Will development be connecting to municipal water; or private on-site wells? • Township Environmental Services — Both lots would be subject to Horseshoe Drinking Water connection fees (DC, trench, water meter) and operational rates related to the Horseshoe Highlands Municipal Drinking water system. Sewage services to be provided through private lot level septic systems. • Enbridge — Do not object. 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. Development Services September 7, 2022 Report No. DS2022-118 Page 12 of 16 Page 191 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re:... Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Conclusion: Based on Planning Staff's analysis of these applications, it is Staff's recommendation that Consent Application 2022-B-27 be approved, specifically to permit the creation of a new residential lot on the lands municipally known as 3324 Line 4 North, and that Minor Variance Application 2022-A-51 be approved, specifically to permit a severed lot with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 61.0 metres (200.1 feet), and a retained lot with a minimum lot area of 0.65 hectares (1 .6 acres) and a minimum lot frontage of 44.0 metres (144.4 feet), as the application meets the four tests of the Planning Act and conforms and is consistent with applicable Provincial, County and Township land use policies, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services August 31, 2022 Andria Leigh, Deputy CAO/Director Development Services August 31, 2022 Development Services September 7, 2022 Report No. DS2022-118 Page 13 of 16 Page 192 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re-... Schedule 1: Location Map —v yad 9 1 26 28 30 57 67 eygl. -M007�1 7 5 3 33 24 32 46 Q�n 2 31 22 34 36 38 40 42 44 48 as• � 69 29 H.rseshae-v.11ey Rdk 27 20 18 50 71 25 16 14 12 10 8 6 4 2 52 73 Old•8arrieRd, - 23 d' 75 21 Cathedral Pines Rd. pese' 1s a 77 17 15 13 11 9 7 5 3 1 id 81 79 m Horseshoe Valley Rd.W. U 37 11 9 7 32 35 5 3387 e Ct. 33 \ 1 3 3328 31 28 1 L '- 29 26 1101 `4 27 24 I?A N -- �+� 22 25 7 23 9 03324 pick 3331 •�C 21 Hillside Ct• v 3 19 1 20 6 11 13 15 17 9 18 7 16 2 14 5 8 10 12 10 8 3325 12 3 6 18 16 14 20 7 22 9 1 3315 28 26 24 aQt• 19 17 2 -n 3 - 21 4 30 23 � 5 ooa5 25 6 n 7 3303 27 0085 °" 32 29 57 8 9 36 31 55 11 Location ® Subject Lands T, ha, of, Proud Heritage,Exciting Future 0 loom File Number:2022-A-51 and 2022-B-27 N 1 Development Services September 7, 2022 Report No. DS2022-118 Page 14 of 16 Page 193 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re-... Schedule 2: Aerial Photo —VaseyRd.— -Moons[one.Rdw� � !a Fs� \L e • F� � � ,s Hurgesh--Valley-Rd. - t _Old-Barrie-Rd.— � dk • 5 � � date ct M^ 1 • 3 3328 r 28 1 zs 24 22 7 i � 03.324 �Q V Fifilside Ct. 3 1 6 � 20 ,� Aerial Photo Townsha'p of, Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2022-A-51 and 2022-B-27 1 Development Services September 7, 2022 Report No. DS2022-118 Page 15 of 16 Page 194 of 219 6.g) 6.35 p.m. DS2022-118, Catherine McCarroll, Intermediate Planner re-... Schedule 3: Applicant's Consent Sketch -C Pmposed +J natsmlad lands J jProposed 1 r severed lot e 1 Applicant's Site Plan Ioar7tclriy e?j Proud Heritage,Excising Eaton File Number:2022-A-51 and 2022-8-27 Development Services September 7, 2022 Report No. DS2022-118 Page 16 of 16 Page 195 of 219 Minor Variance and Consent Applications 2022-A-51 & 2022-B-27 (Charlton) Location: 3324 Line 4 North j 01 w Zoning: Residential One Exception % o 187 (R1 *187) Official Plan: Horseshoe Valley - 50 r Oe Low Density Residential - Hillside Ct CD Current Use: Residential -�� � � �`�� CD v - m o {� ?m Pr—d Heritage,Ex W,,g Fufurr CD CD Minor Variance and Consent Applications 2022-A-51 & 2022-B-27 (Charlton) Purpose of 2022-B-27: The purpose of Consent Application 2022-B-27 is to Cn create a residential lot. The details of the proposed consent (severance) are: P Lands to be Severed: Lands to be Retained: N Frontage: Approximately 61 .0 m (200.1 ft.) Approx. 44.0 m (144.4 ft.) Depth: Irregular irregular Area: Approximately 0.2 ha (0.5 ac.) Approximately 0.65 ha (1 .6 ac.) O0 Use: Future Residential Development Future Residential Development v CD CD n n v o v m =3 CD 3 o CD I Pra d Hrriingr,E-iiing Ferliirr CD CD Minor Variance and Consent Applications 2022-A-51 & 2022-6-27 (Charlton) Purpose of 2022-A-51: The applicants are proposing to sever lands for the creation of a new W residential lot and are seeking relief to the following sections of Zoning By-law 97-95, as amended: Lands to be severed: 0 Section 7.187(c)—Minimum Lot Area 0 N Required: Proposed: N 1.45 hectares(3.6 acres) 0.2 hectares(0.5 acres) Section 7.187(c)—Minimum Lot Frontage () v Required: Proposed: 105.1 metres(344.8 feet) 61.0 metres(200.1 feet) N (D Lands to be retained: Z-1 Section 7.187(c)—Minimum Lot Area 0 Required: Proposed: 1.45 hectares(3.6 acres) 0.65 hectares(1.6 acres) p v cD Section 7.187(c)—Minimum Lot Frontage (D CO 00 Required: Proposed: 3 0 105.1 metres(344.8 feet) 44.0 metres(144.4 feet) N N ll_ /tQ"� �E;CG(l1GGG Prair(HnilnRr,Esrrlinq Ferhirr CD CD Minor Variance and Consent Applications 2022-A-51 & 2022-B-27 (Charlton) �a�e fir: / W Aerial Photo: Cn 3 3328 3 28 1 /0/^� V! N 26 O N N 2n O n zz_ (D 1 =. 0332'4 (D 0 00. b� ve l J Hillside Ct. w 3 O CQ 1 (D =3 6 CD CD 20 ��^�^ �CD Pr—d Heritage,Exciting Fufurr CD CD Minor Variance and Consent Applications 2022-A-51 & 2022-B-27 (Charlton) Applicant's Consent Cn Sketch: 3 0 CD N O N o � m Proprsed � � retained lands � (D / =3 Proposed (D severed lot n n v v cD =3 N (D O —% O N �m OtTo O w�hip�{ s Q Pr—d Heritage,Exciting Fufurr CID CID Minor Variance and Consent Applications 2022-A-51 & 2022-B-27 (Charlton) Cn a fr y CD d v 0 n w. . r n Looking North along Line 4 North Looking South along Line 4 North Ci CD .."d Heritage,Exciting Fufurr CD CD Minor Variance and Consent Applications 2022-A-51 & 2022-B-27 (Charlton) Cn k x 0 u Ayw1 ON J?: (D ` + t (D 4 'Aft ? �.c —% Public notice signs posted CD P,_d Heritage,Exciting Fufurr CD CD Minor Variance and Consent Applications 2022-A-51 & 2022-B-27 (Charlton) Cn CD ;w w O CD f f m n v n .. a Existing dwelling on the lands to View of the retained lands from Line Ci CO be retained 4 North �,CD Pr—d Heritage,Exciting Fufurr CD CD Minor Variance and Consent Applications 2022-A-51 & 2022-B-27 (Charlton) N O f m N c n (D =3 .D Lands proposed to be severed o \�_Q Pr—d Heritage,Exciting Fufurr CD CD Minor Variance and Consent Applications 2022-A-51 & 2022-6-27 (Charlton) Recommendation for 2022-A-51 : Approve It is recommended: 3 1. That Minor Variance Application 2022-A-51 by Roderick Charlton,specifically to permit a severed lot with a minimum lot area of 0 0.2 hectares(0.5 acres)and a minimum lot frontage of 61.0 metres(200.1 feet),and a retained lot with a minimum lot area of CO 0.65 hectares(1.6 acres)and a minimum lot frontage of 44.0 metres(144.4 feet),on lands municipally known as 3324 Line 4 0 North,Township of Oro-Medonte,be approved subject to the conditions as outlined in Report DS2022-118. N 2. The conditions are as follows: a) That,notwithstanding Exception 187 of Zoning By-law 97-95,the severed and retained lots shall otherwise comply with all other n applicable provisions of the Zoning By-Law; b) That the applicant apply for and obtain Site Plan approval from the Township for the proposed dwelling on the severed lands (D to identify building and septic envelopes on the lands and to require tree preservation outside of the identified building and =' septic envelopes to the satisfaction of the Planning Division; CD c) That the proposed building envelope and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and approved by the Committee;and, n d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after: v i. The Committee's Minor Variance decision becomes final and binding;and, o ii. The applicant has obtained Site Plan Approval from the Township for the severed lands pursuant to Section 41 of = cc v _ the Planning Act.CD - N (D o) 3. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. � o ICD N /�] CO .-� Prair(HnilnRr,Esrrlinq Ferhirr CD CD Minor Variance and Consent Applications 2022-A-51 & 2022-B-27 (Charlton) Recommendation for 2022-B-27: Approve It is recommended: 1. That Report DS2022-118 be received and adopted; 0 CO 2. That Consent Application 2022-13-27 by Roderick Charlton,to permit the creation of a new residential lot consisting of a severed N 0 parcel having an area of approximately 0.2 hectares(0.5 acres)and a frontage of approximately 61.0 m (200.1 ft.)and a retained �N parcel having a lot area of approximately 0.65 hectares(1.6 acres)and a frontage of approximately 44.0 m (144.4 ft.), be approved subject to the conditions as outlined in Report DS2022-118. 0 3. The conditions are as follows: n a) That the applicant sign the Township's Memorandum of Understanding by which the applicant acknowledge the requirements v and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland,and water and sanitary servicing,on either the retained or vacant severed parcels; b) That the applicant obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte; =3 c That the Applicant transfer to The Corporation of the Township of Oro-Medonte("Township"), cD pp p p (" p"), in fee simple,free and clear of all � liens and encumbrances, a 3.0 metre road widening along the entire frontage of the severed and retained lands adjacent to n Line 4 North to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by 0 the Township,together with his/her opinion letter stating that upon registration of the Transfer,the Township will have acquired v a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be p v responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended,to cc consolidate the 3.0 metre widening with Line 4 North as one Property Identifier Number to the satisfaction of the Township. All - CD N costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to m rn surveying, legal fees,and disbursements,agreements, HST,etc.shall be fully borne by the Applicant; % 0 .(D PO CL (9ft0� �2 CO --� P,—d HnHiq,Es W,%Femur CD W CD CD Minor Variance and Consent Applications 2022-A-51 & 2022-B-27 (Charlton) Recommendation for 2022-B-27 (cont'd): Approve d) That the applicant apply for and obtain an amendment to Site Plan Application 2010-SPA-07 to reflect the new building and 3 septic envelopes and tree preservation on the retained lands; 0 e) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as 0) cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13)of the Planning N Act, R.S.O. 1990 c. P. 13; f) That all municipal taxes be paid to the Township of Oro-Medonte; N g) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; h) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed,for review by the n Municipality and for use for the issuance of the certificate of consent; v i) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42)of the Planning Act R.S.O. 1990,without =r m qualification; and, j) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. m (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date Z-1 of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted n statutory two-year period(Sections 53(41)&53(43),the Planning Act R.S.O. 1990)shall cause the application to v lapse and render this Decision null and void. o v CD � N O � 4 3 O 'Q N Toumsh;p53, co .-� Prair(HnilnRr,Esrrlinq Ferhirr CD CD Ta) DS2022-114, Danielle Waters, Planner re: Minor Variance Application... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2022-114 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # September 7, 2022 Minor Variance Application 2022-A-30 Roll #: The Timbersmith Log R.M.S. File #: 4346-040-001-21410 Construction Ltd. D13 60531 2245 Horseshoe Valley Road West Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2022-114 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 approved, subject to the conditions as outlined in Report DS2022-114. 3. The conditions are as follows: a) That notwithstanding Table B4 and Section 5.29, the accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed 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 an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, , that the detached accessory building is no closer than 10.0 metres (32.8 feet) from the front lot line and 11.0 metres (36.0 feet) from the interior lot line that abuts a railway; d) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority (NVCA) Permit, County of Simcoe Permit, Building Permit be obtained from the Township only after the Committee's decision becomes Development Services September 7, 2022 Report No. DS2022-114 Page 1 of 11 Page 208 of 219 Ta) DS2022-114, Danielle Waters, Planner re: Minor Variance Application... 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 8.5 hectares (21.0 acres) and is currently used as an industrial lot, as shown on Schedules 1 and 2. The property currently supports several 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) Section 5.29 — Setback from 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. Section 5.33 Sight Lines on a Corner Lot or on a Lot Abutting a Railway was previously circulated as a required variance, however, after further review of the Zoning By-law, Section 5.29 is instead the appropriate section to obtain relief from. The applicant's site plan and elevation drawing are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas 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. Development Services September 7, 2022 Report No. DS2022-114 Page 2 of 11 Page 209 of 219 Ta) DS2022-114, Danielle Waters, Planner re: Minor Variance Application... 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-Craighurst-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. 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. The applicant has obtained a variance from the County for the existing building to reduce the required setback from County Road 22. 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 September 7, 2022 Report No. DS2022-114 Page 3 of 11 Page 210 of 219 Ta) DS2022-114, Danielle Waters, Planner re: Minor Variance Application... 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 include: a) single detached dwellings and accessory uses on existing lots; b) home occupations; c) passive, non-motorized recreational uses; d) existing agricultural uses; e) fish and wildlife management; f) conservation uses; g) flood and erosion control projects; h) renewable resource management uses, such as forestry; and, i) bed and breakfast establishments in single-detached dwellings. 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. 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 manufactured and sold on the property. The applicant has received a minor variance for the front yard setback from the County of Simcoe as well. Development Services September 7, 2022 Report No. DS2022-114 Page 4 of 11 Page 211 of 219 Ta) DS2022-114, Danielle Waters, Planner re: Minor Variance Application... The purpose of Section 5.29, is to ensure there are adequate setbacks between the trains on the railway and buildings on an adjacent property. Planning Staff have provided information to CP Rail, including the applicant's site plan and photographs of the structure. 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. Planning Staff have reviewed these Guidelines and note that they recommend setbacks for residential uses from rail lines, but not for other types of land uses. CP Rail has provided comments that they do not object to Commercial/Industrial development, but CP Rail did not directly provide comments specific to this application. Based on Staff's assessment, the requested variances do not conflict with CP Rail's Guidelines as there is no residential use proposed. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? 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, do not object to Commercial/Industrial developments. The structure acts as a sign to indicate to the public what is being manufactured and sold 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. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variances are minor as CP has not provided an objection to the application or verified required distances. 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 September 7, 2022 Report No. DS2022-114 Page 5 of 11 Page 212 of 219 Ta) DS2022-114, Danielle Waters, Planner re: Minor Variance Application... 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 comment • 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 Canadian Pacific does not oppose to non-residential type developments adjacent to our right of way. o 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 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 Development Services September 7, 2022 Report No. DS2022-114 Page 6 of 11 Page 213 of 219 Ta) DS2022-114, Danielle Waters, Planner re: Minor Variance Application... Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-30 be approved, specifically, to permit a reduced setback to the front lot line, and lot line abutting a railway on lands municipally known as 2245 Horseshoe Valley Road West, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS, conforms to the Growth Plan 2020 and the County Official Plan and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services September 2, 2022 Andria Leigh, Deputy CAO/Director, Development Services September 2, 2022 Development Services September 7, 2022 Report No. DS2022-114 Page 7 of 11 Page 214 of 219 Ta) DS2022-114, Danielle Waters, Planner re- Minor Variance Application... Schedule 1: Location Map —UaseY'Rd. — -Ma¢is[¢ncRdy--� Horses---hoe Walley-RA. 1, OIdBrrie'RA. 2298 Horseshoe Valley Rd.W. 224- � 2 tQ � I � � 0 0 O O to Z 3276 Location ® Subject Lands T, hr. of Proud Heritage,Exciting Future 0 loom File Number:2022-A-30 41 1 Development Services September 7, 2022 Report No. DS2022-114 Page 8 of 11 Page 215 of 219 Ta) DS2022-114, Danielle Waters, Planner re- Minor Variance Application... Schedule 2: Aerial Photo —VaseyRd.— -Moonset 0.d�L - H--hh--V/Valley-Rd. ala.earr;e.Rtl. 2298 C �Nidge�ftoad Horseshoe Valley Rd.W 22r '/� •Jam'--:- � . ,..... � s f 2245 I Ig s� I E< r Ilit Aerial Photo ® Subject Lands Tntvnshrp of �'"�� Proud Heritage,Exciting Future 0 100 m File Number:2022-A-30 I I Development Services September 7, 2022 Report No. DS2022-114 Page 9 of 11 Page 216 of 219 Ta) DS2022-114, Danielle Waters, Planner re- Minor Variance Application... Schedule 3: Applicants Site Plan -rat s,�cr 4� eoao yo ra".w-pa-) ........... CL rn 9fa.ucC 00 P1 a.. .....}... ..Qq ........... 1 w ti; Z t PAR; 2, 51R-131�5� �' PIN 5B35d-0056 ( J p }ice x LOT 40, C(JN�ESSlpN 7 � +6 I l GROUND WATER NOTE 1 fU J 1NU21lG ANp$UFFACE 47rrMlME GIIEY,'++fE � k M1�y-r•�y.�1,7��V C n[Tl�i�@[G 0!1 9$.llES YAY 4O)M L R TG 1HE S1flGA(;tMLmnp[. -�7 /} �}q � ADINkplhlG NOTE mrnws+G ec fG,MGEp M 6lMGi45tism PTM sen a�a cECArEn rr bim .kn Al FOUHDA1t-SHN Wit A�,�CANy^E M THE RCOI EAIDAI1 M5 6,ANO Applicant's Site Plan 0 Toatnas 7a�p�f TC I zt� Proud FlrritaQe.,F`.xcrti q Faature File Number:2022-A-30 Development Services September 7, 2022 Report No. DS2022-114 Page 10 of 11 Page 217 of 219 Ta) DS2022-114, Danielle Waters, Planner re- Minor Variance Application... Schedule 4: Applicants Elevation � 1 t •t` �1 I Applicant's Elevation Drawings T he f� Proud FlrritaQe.,F`.xcrti q Future File Number:2022-A-30 Development Services September 7, 2022 Report No. DS2022-114 Page 11 of 11 Page 218 of 219 8.a) Correspondence dated August 18, 2022 from Doug Humphries re: Reques... From: Doug Humphries <dougwhumphries(a-)gmail.com> Sent: August 18, 2022 1.19 PM To: Aubichon, Yvonne <vaubichon(a-)oro-medonte.ca> Cc: Dedora, Abbey <adedora(a)oro-medonte.ca>; Witlib, Derek <dwitlib(a-)-oro- medonte.ca> Subject: [External] Notice of Decision - Development Services Committee Meeting July 07, 2022 (2022-A-40) Hand This email originated from outside of Oro-Medonte's email system. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Good Afternoon Mayor Hughes and Council Members We appreciate your decision and approval for the minor variance requested by John Hand of 25 Tamarack Drive in Big Cedar Estates on July 7th. As you are aware, I have been acting as their agent for this project and as such, I am requesting your consideration for the return of the $700 application fee. It is our understanding that recently, council have agreed to have these funds returned for Bid Cedar residents when applying for a variance due to the environmental protection classification of a portion of the park. We thank you in advance for your consideration and hopeful approval. Respectfully submitted on behalf of John Hand, Doug Humphries. Home 705-835-0656. Cell... 289-716-8440 Page 219 of 219