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02 01 2023 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda T�wnshzpo ' Electronic Hybrid Meeting Proud Heritage, Exciting Future Wednesday, February 1, 2023 5:30 p.m. Effective Monday, March 28, 2022, all Township facilities are open to the Public with safety measures in place. We encourage social distancing and discretionary masks/face coverings. Residents and business owners are encouraged to continue to utilize on line and telephone services for Township related business; and staff continue to be available to provide assistance by telephone 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. In-person attendance at public meetings is also available. Protocols have been established to advise how to electronically participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Participation Form • Protocols for Public Participation Council and IDS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. Opening of Meeting: Page 1 of 197 The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 15 a) Minutes of Development Services Committee meeting held on Wednesday, January 4, 2023. 5. Public Meetings: 16 - 31 a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, West Part of Lot 16, Concession 8 (Medonte), Township of Oro-Medonte, municipally known as 72 Moonstone Road East, 2023-ZBA-01 (Emberson); and Consent Application, 2023-B-01, Carol Ann Emberson. 32 - 53 b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Part of Lot 26, Concession 8, municipally known as 983 & 985 Line 7 South, 2022-ZBA-16, (Crawford); and Consent Applications 2022-B-32 & 2022-B-33. 6. Public Hearings: 54 - 82 a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re: Minor Variance Application 2022-A-64, Rob and Sky Bicevskis, 1065 Lakeshore Road East. Page 2 of 197 83 - 118 b) 6:10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-34, HSV GP Inc., 1101 Horseshoe Valley Road West. 119 - 164 c) 6:20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-01, Janet Wicks and Lorraine Brouillette, 1899 Ridge Road West. 165 - 189 d) 6:30 p.m. DS2023-005, Danielle Waters, Planner re: Minor Variance Application 2023-A-02, David and Haley Valiquette, 198 Line 3 North. 7. Reports of Municipal Officers: 190 - 197 a) DS2023-006, Danielle Waters, Planner re: Zoning By-law Amendment Application 2023-ZBA-03, The Sarjeant Co. Ltd, 2065 Line 7 North [Refer to Item 5a) 02 01 2023 Council Agenda]. 8. Next Meeting Date: Wednesday, March 1 , 2023. 9. Adjournment: a) Motion to Adjourn. Page 3 of 197 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte Development Services Committee Minutes Township of Electronic Hybrid Meeting t?te Proud Heritage,Exciting Future Wednesday, January 4, 2023 4:01 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Staff Derek Witlib, Acting Director, Development Services; Andy Karaiskakis, Present: Senior Planner, Catherine McCarroll, Intermediate Planner, Danielle Waters, Planner; Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Yvonne Aubichon, Clerk; Jason Scharapenko, Information Technology Technician (IT) qq� x 46, All Committee and staff participated via Zoom platform. 1. Opening of Meeting; Deputy Mayor Lavoie assumed the Chair at the above noted time and called the meeting to order. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron- Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. Page 1 of 12 Page 4 of 197 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 4, 2023. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC230104-1 Moved by Clark, Seconded by Schell It is recommended that the agenda for the Development Services Committee meeting of Wednesday January 4, 2023 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: Councillor Clark declared a conflict of interest on Item 6f) DS2022-141, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2022-A-62, Lindsay & Gerald Langlois, 881 Woodland Drive, as he has a familial relationship with the design and renovation firm involved in the application. 7. Reports of Municipal Officers: a) Derek Witlib, Acting Director, Development Services; and Andy Karaiskakis, Senior Planner re: Orientation. Motion No. DSC230104-2 Moved by Clark, Seconded by Greenlaw It is recommended that the information presented by Derek Witlib, Acting Director, Development Services; and Andy Karaiskakis, Senior Planner re: Orientation be received. 1WCarried. Page 2 of 12 Page 5 of 197 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 4, 2023. 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, Plan 979 Lot 47 (Oro), municipally known as 45 Ward Avenue, 2022- ZBA-14 (Cadiou). Deputy Mayor Lavoie called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Clayton Cadiou. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated November 15, 2022; Township of Oro-Medonte, Operations Division dated November 17, 2022; Township of Oro-Medonte, Building Division dated November 21 and December 21, 2022; Enbridge Gas Inc. dated November 30, 2022; Mark Guy/Linda Stanger dated January 2, 2023; Nottawasaga Valley Conservation Authority dated January 4, 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Jamie Robinson, MHBC Planning Urban Design & Landscape Architecture, agent on behalf of the applicant, was present. A PowerPoint presentation was presented. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. IV Page 3 of 12 Page 6 of 197 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 4, 2023. b) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 4 Part Lot 28 (Oro), municipally known as 1211 Line 3 South, 2022-ZBA-15 (Van Muyen). Deputy Mayor Lavoie called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Lisa Van Muyen. The following correspondence was received: Township of Oro-Medonte, Operations Division dated November 17, 2022; Township of Oro-Medonte, Manager, Development Engineering dated November 18, 2022; Karin Ucci dated November 25, 2022; Lake Simcoe Region Conservation Authority dated December 14, 2022; Jeff Scott dated December 18, 2022; Peter Buchanan and Margaret Mikkelborg dated December 20, 2022; Trevor Owen dated December 21, 2022; Patricia O'Connor dated December 23, 2022; Ralph Kircher dated December 28, 2022; Martha Billes dated December 29, 2022, Stephen and Sonja Moro dated January 2, 2023; Roberta Cancilla dated January 3, 2023; Patrick and Davina Doorly dated January 3, 2023; Krista and Kent Smith dated January 3, 2023; Matt & Shari Pryce dated January 4, 2023; County of Simcoe Planning Department dated January 4, 2023 including County of Simcoe Transportation and Engineering Department dated November 30, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Brian Goodreid, Goodreid Planning Group, agent on behalf of the applicant, was present. Jim Broadfoot, Azimuth Environmental Consulting, Inc., agent on behalf of the applicant was present. Lisa Van Muyen, applicant, was present. A PowerPoint presentation was presented. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. Page 4 of 12 Page 7 of 197 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 4, 2023. 6. Public Hearings: a) DS2022-135, Danielle Waters, Planner re: Minor Variance Application 2022-A-57, Anthony Assivero, 11 Allen Street. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Anthony Assivero. The following correspondence was received: Alderville First Nation dated December 9, 2022; Township of Oro-Medonte, Building Division dated December 9, 2022; Township of Oro-Medonte, Manager, Development Engineering dated December 9, 2022; Township of Oro-Medonte, Operations Division dated December 9, 2022. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Lyndsey Tkaczuk, Bailey Designs, agent on behalf of the applicant, was present. IMILANEW Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC230104-3 Moved by Bard, Seconded by Hutcheson It is recommended 1. That DS2022-135, Danielle Waters, Planner re: Minor Variance Application 2022-A- 57, Anthony Assivero, 11 Allen Street be received and adopted. 2. That Minor Variance Application 2022-A-57 by Anthony Assivero specifically to enlarge a non-complying structure by permitting the construction of an addition to an existing single detached dwelling within the required interior side yard setback, on lands municipally known as 11 Allen Street, be approved, subject to the conditions as outlined in DS2022-135. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 12 Page 8 of 197 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 4, 2023. b) DS2022-139, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-58, Nick Lamprakos, 8786 Highway 12. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Nick Lamprakos. The following correspondence was received: Alderville First Nation dated December 9, 2022; Township of Oro-Medonte, Manager, Development Engineering dated December 9, 2022; Ministry of Transportation dated December 9, 2022; Nottawasaga Valley Conservation Authority dated December 9, 2022; Township of Oro-Medonte, Operations Division dated December 9, 2022. AMEM Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Nick Lamprakos, 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 hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC230104-4 Moved by Schell, Seconded by Bard It is recommended 1. That DS2022-139, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-58, Nick Lamprakos, 8786 Highway 12 be received and adopted. 2. That Minor Variance Application 2022-A-58 by Nick Lamprakos specifically for permission to legalize two existing apartment dwelling units in a single detached dwelling and to recognize that one apartment dwelling unit shares a means of egress with the main dwelling unit, on lands municipally known as 8786 Highway 12, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-139. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 12 Page 9 of 197 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 4, 2023. c) DS2022-136, Danielle Waters, Planner re: Minor Variance Application 2022-A-59, Robert Kular & Ying Xu, 103 Shoreline Drive. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Robert Kular & Ying Xu. The following correspondence was received: Alderville First Nation dated December 9, 2022; Township of Oro-Medonte, Manager, Development Engineering dated December 9, 2022; Township of Oro-Medonte, Operations Division dated December 12, 2022; Lake Simcoe Region Conservation Authority dated December 13, 2022; Township of Oro- Medonte, Building Division dated December 19, 2022; Vlad Bregman dated December 29, 2022 and January 2, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Robert Kular and Ying Xu, applicants, were present. 146"40 N_ Staff confirmed that no additional public registrations were present. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC230104-5 Moved by Young, Seconded by Greenlaw It is recommended 1. That DS2022-136, Danielle Waters, Planner re: Minor Variance Application 2022-A- 59, Robert Kular & Ying Xu, 103 Shoreline Drive be received and adopted. 2. That Minor Variance Application 2022-A-59 by Robert Kular & Ying Xu specifically to permit the legalization of existing structures with an interior lot line setback of 1.08 metres (3.5 feet) for the detached accessory building (shed), an interior lot line setback of 0.9 metres (2.95 feet) for the detached accessory building (canopy/deck), an interior lot line setback of 0.9 metres (2.95 feet) for the detached accessory building (gazebo/deck), on lands municipally known as 103 Shoreline Drive, be approved, subject to the conditions as outlined in DS2022-136. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 12 Page 10 of 197 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 4, 2023. d) DS2022-138, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-60, Mike Poole, 54 Slalom Drive. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by by Mike Poole. The following correspondence was received: Alderville First Nation dated December 9, 2022; Township of Oro-Medonte, Building Division dated December 9, 2022; Township of Oro-Medonte, Manager, Development Engineering dated December 9, 2022; Township of Oro-Medonte, Operations Division dated December 9, 2022; James Leduc dated December 10, 2022; Township of Oro-Medonte, Environmental Services dated December 15 and 19, 2022; Rob Wilcox and Kristy Linklater dated January 2, 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented Danielle Bilodeau, agent on behalf of the applicant, was present. Staff confirmed that no additional public registrations were present. Staff confirmed that no additional correspondence from the public were received during this hearing. A91011bb,, INK lzmsh. lift There being no further comments or questions, the hearing adjourned. Motion No. DSC230104-6 Moved by Hutcheson, Seconded by Clark It is recommended 1. That DS2022-138, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2022-A-60, Mike Poole, 54 Slalom Drive be received and adopted. 2. That Minor Variance Application 2022-A-60 by Mike Poole specifically for permission to build a single detached dwelling with a porch that encroaches 1.0 metre (3.3 feet) into the required 7.5 metres (24.6 feet) exterior side yard setback and a two storey detached accessory building in the front yard with a setback of 8.0 metres (26.2 feet) from the front lot line and with an increased floor area of 110.0 square metres (1,184.1 square feet) on lands municipally known as 54 Slalom Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-138. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 12 Page 11 of 197 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 4, 2023. e) DS2022-143, Derek Witlib, Acting Director, Development Services re: Minor Variance Application 2022-A-61 by Al & Diane Langman, 678 Line 12 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Allan & Diane Langman. The following correspondence was received: Alderville First Nation dated December 9, 2022; Township of Oro-Medonte, Manager, Development Engineering dated December 9, 2022; Township of Oro-Medonte, Operations Division dated December 9, 2022; Lake Simcoe Region Conservation Authority dated December 16, 2022; Township of Oro- Medonte, Building Division dated December 21 , 2022. Derek Witlib, Acting Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Victoria Lemieux and Lauren Arsenault, Morgan Planning & Development Inc., agents on behalf of the applicant, were present. Allan and Diane Langman, applicants, were present. 'IWF Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this hearing. 61 There being no further comments or questions, the hearing adjourned. Motion No. DSC230104- Moved by Greelaw, Seconded by Schell It is recommended 1. That DS2022-143, Derek Witlib, Acting Director, Development Services re: Minor Variance Application 2022-A-61 by Al & Diane Langman, 678 Line 12 North be received and adopted. 2. That Minor Variance Application 2022-A-61 by Al & Diane Langman, specifically for the purposes of recognizing an existing accessory building with an increased height of 7.1 metres (23.25 feet), an increased floor area of 381 square metres (4096 square feet) and to permit within the accessory building a home occupation that includes a maximum of three (3) employees who are not residents of the dwelling on the lands municipally known as 678 Line 12 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-143. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 12 Page 12 of 197 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 4, 2023. Motion No. DSC230104-8 Moved by Hutcheson, Seconded by Bard It is recommended that 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. f) DS2022-141, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2022- A-62, Lindsay & Gerald Langlois, 881 Woodland Drive. Councillor Clark declared a conflict of interest on Item 6f) DS2022-141, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2022-A-62, Lindsay & Gerald Langlois, 881 Woodland Drive, as he has a familial relationship with the design and renovation firm involved in the application. Councillor Clark left the room and did not participate in the discussion or vote on this item. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Lindsay & Gerald Langlois. The following correspondence was received: Alderville First Nation dated December 9, 2022; Township of Oro-Medonte, Manager, Development Engineering dated December 9, 2022; Township of Oro-Medonte, Operations Division dated December 9, 2022; Township of Oro-Medonte, Building Division dated December 12 and 20, 2022; Lake Simcoe Region Conservation Authority dated December 15, 2022. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Glen Prairie, agent 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 hearing. Page 10 of 12 Page 13 of 197 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 4, 2023. There being no further comments or questions, the hearing adjourned. Motion No. DSC230104-9 Moved by Bard, Seconded by Young It is recommended 1. That DS2022-141, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2022-A-62, Lindsay & Gerald Langlois 881 Woodland Drive be received and adopted. 2. That Minor Variance Application 2022-A-62 by Lindsay & Gerald Langlois specifically for permission to construct an addition to the existing single detached dwelling with a reduced rear yard setback of 17.04 metres (55.91 feet) from the average high water mark of Lake Simcoe, on lands municipally known as 881 Woodland Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2022-141. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. 7. Reports of Municipal Officers: , NO N, b) DS2022-140, Catherine McCarroll, Intermediate Planner re: Request for Extension of the Temporary 2nd Dwelling at 3626 Line 5 North by Virginia and Raymond Gingras [Refer to Item 5a) 01 04 2023 Council Agenda]. Motion No. DSC230104-10 Moved by Hutcheson, Seconded by ScheANEPW--"qmmkk" 14t ll k It is recommended 1. That DS2022-140, Catherine McCarroll, Intermediate Planner re: Request for Extension of the Temporary 2nd Dwelling at 3626 Line 5 North by Virginia and Raymond Gingras be received and adopted. 2. That the temporary second home agreement dated March 3, 2021 between the Township of Oro-Medonte and Virginia & Raymond Gingras be replaced with a new agreement to authorize the temporary residential use of the existing detached accessory building that currently occupies the property at 3626 Line 5 North, for an additional 6 months (a term of twenty-four (24) months from the issuance of the Building Permit for the single detached dwelling) or until completion of the proposed new single detached dwelling, whichever is the lesser period of time. 3. That By-law 2021-024 be repealed and replaced by a new By-law authorizing the execution of a temporary second home agreement between the Township of Oro- Medonte and Virginia & Raymond Gingras. 4. That the applicant be advised of Committee's decision under the Acting Director, Development Services' signature. Carried. Page 11 of 12 Page 14 of 197 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 4, 2023. c) DS2022-142, Andy Karaiskakis, Senior Planner re: New Oro-Medonte Zoning By-law — Communications Engagement Strategy. Motion No. DSC230104-11 Moved by Young, Seconded by Bard It is recommended that DS2022-142, Andy Karaiskakis, Senior Planner re: New Oro- Medonte Zoning By-law — Communications Engagement Strategy be received for information only. Carried. 4. Approval of Minutes: 4K a) Minutes of Development Services Committee meeting held on Wednesday, November 2, 2022. Motion No. DSC230104-12 Moved by Greenlaw, Seconded by Young It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, November 2, 2022 be received and approved as printed and circulated. Carried. 8. Next Meeting Date: 'g Wednesday, February 1, 2023. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC230104-13 Moved by Schell, Seconded by Clark It is recommended that we do now adjourn at 9.03 p.m. Carried. An audio recording is available through the Township's website. Chair, Deputy Mayor, Peter Lavoie Acting Director, Development Services, Derek Witlib Page 12 of 12 Page 15 of 197 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for ftwd fir, Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2023-ZBA-01 (Emberson) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca) for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a "Complete" Application pursuant to the Planning Acton the 6t" day of January, 2023. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on February 1, 2023 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as West Part of Lot 16, Concession 8 (Medonte), Township of Oro-Medonte, municipally known as 72 Moonstone Road East. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone: 1 . Lands proposed to be severed: from an Agricultural/Rural (A/RU) Zone to a Residential One (R1) Zone; and 2. Lands proposed to be retained: from an Agricultural/Rural (A/RU) Zone to an Agricultural/Rural Exception (A/RU*##) Zone to permit a reduced lot frontage of 29.8 metres (98 feet). The subject lands are also the subject of related Consent Application 2023-B-01 to create one residential lot. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/m unicii)al-services/plann inq-information. Written submissions can be made by: 1. Emailed to planninq(d�oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705) 487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any Page 16 of 197 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planningQoro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal (OLT) and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Derek Witlib, Acting Director, Development Services planninq(d�oro-medonte.ca Dated at the Township of Oro-Medonte this 12t" day of January, 2023. Location Map 4 Z i m c Moonstone Rd. Moonstone Ltd. E. L CLU � c CD. 0 acbty � =Agnes St. 4V 6.r 'O ®Subject Lands r O Il I m— Page 17 of 197 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Sketch i elossl 8� «pp n� w 'St'O• �y` �{a LOT 16, PART 5 �z-oNfrD Alf JA Ex(;EPTIaa Retakned.lands s6, 4S1 174'back a' oh PIN INST Conveyed (severed) lands _Garage to be demolisheda� ISTOREY i STi1CC0 OWELLInO WORKu400 Minimum 24'from residen a to west property fin g a 1 ears � '/'frontage on retained lands sa4.a IMMASL E 404.M � C- }t{'Z t✓RaN1`AGE „�,�"-..,-.--�ere.E�u ac.Rwo ,____--__ ------._...,_..__---__ Page 18 of 197 Zoning By-law Amendment & Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) Cn Location : 72 Moonstone Road East 0 Zoning: Agricultural/Rural (A/RU) z z O Official Plan : Rural & Rural CD O Settlement Area _ ILEL h Moonstone Rd.W. � /u CD L Jj moonstone Rd.,E. (� CD Current Use: Residential F Agnes.St. ` _ a �0 ®subiat Lands v Im Al T CF V c� F—I CD m co o Township of 0 Projid Herildge,Exciting Future z O n 0 h V Zoning By-law Amendment & Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) Cn iD Purpose: The purpose and effect of the proposed Zoning By-law Amendment is w to rezone: CD z O 1 . Lands proposed to be severed: from an Agricultural/Rural (A/RU) Zone to a CD Residential One (R1 ) Zone; and CD CD 1 . Lands proposed to be retained: from an Agricultural/Rural (A/RU) Zone to an 0 Agricultural/Rural Exception (A/RU*##) Zone to permit a reduced lot frontage o of 29.8 metres (98 feet). 0 CD c� _0 m N O (j Tof Yr= i�of 0 Prniid Herildge,Exciting Fidure z O n. 0 h V Zoning By-law Amendment & Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) Cn Aerial Photo: z �, r a8 R r Z O 94 �--h n 102 CD 98 O 72 h N 90 CD 0 Moonstone`ROE. AdMIM, A_ O 13 ZS 3p - 42 44 ^ l J 40 O 11 3 3recnin Cres. 0 81 _0 c C 9 CD D (D 7 36 tt � 47 N s uP O 6 5 3 24 26 28_ 30 2 3 Township off 0 14 . Prnxd Heritage,Exciting Future z O n O h V Zoning By-law Amendment & Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) Existing Zoning: maw EP oae.noevan.vR A RU O i ae_M1sea_ � Is' A,RU J O n (D A/RU O Ah lV RUR2Q (y Moonstone_Rd.W. Il '�s Moonstone Rd.E. Rl*155 1 _0 Rl*165 VHF _ RS Rl*lfi5 O W c~ �1 �1FI^k65 Yv R1i*1o� 7can_Dr. —m. A/RU-15 4 Rl*O) L— �� O Pie R+iai Agn s Subject `ands 3t. Rl*231 .Rl U 3 4/RU A(RV R1^107 L\ tR� os OS R1 (Residential One) OS Open space) `D(O R*1 l RUR2(Rural Residential Two) PR (Private Recreational) !B D oyd Cres. Al m LC(Local Commercial) I (Institutional) ''" \ _0 N A/RU(Agricultural/Rural) Ru 1 P ^ l J• O EP(Environmental Protection) 4 Tawrfsltip of 0 Prnxd Heritage,Exciting Future z O R--F n. O h V Zoning By-law Amendment & Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) Cn Township Official Plan Cn Land Use: "nPS"ce °p'° 3 z z O l J CD O T�1 D ^ l J —Moonstone-Rd YY. `s` Moonstone Rd.E. _0 o O u � L YlJ C t Duncan Dr, ^ m l J MI Subject Lands °' O �e. Agnes St. 3 �P _0 QEnvironmental Protection Two Rural CD D m Rural Settlement Area Boyd Cres. N Rural Residential Township of 0 Proxd Heritage,Exciting Future z O 0 O h V Zoning By-law Amendment & Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) Cn Adopted Township Official Plan Cn Land Use: o;ace 'aa z z r' I c O �F CD O —1 /v CD —_ — l V Moonstone-Rd.W. �9 Moonstone Rd.E. y m 0 Duncan c I � U w_� t, =3 Subject Lands --- o P �_ r AgneslSt, GreenlandsCD Rural (Q _F Boy tli Cres. � (D, Rural Residential o Rural Settlements '' v Township ojr 0 Prond Heritage,Exciting Future z O n 0 h V Zoning By-law Amendment & Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) Cn County of Simcoe Official Plan Ma Land Use• o,=, o�a z z o CD 0 h l J Moonstone_Rd_W. Moonslone Rd.E. �. r-F ❑ 0 V N —1 C U w MAg Subject Lands 0 Settlements m m Greenlands Boyd_Cres. CD 'con - Rural 0 4 0 o Proud Herilqu,Exciting Future z 0 n. 0 h Zoning By-law Amendment & Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) Cn Applicant's Site Plan: of Cn w CD cu 0 LOT 16, Th n PART 5 6 g P ZoNEp (A E)cCEP7norJ O Retained lands t�4'back Yo Be 2Etab EO 2i /`0 �¢ PIN t.J IMSf Conveyed(severed)lands (� Garage to be demolished @ Mini u 24afmmreslden —e propeMlin s N a>ir rn� Y � � 711'froncage On retained lands n �• 494� �f O � Tawrfship of � Prnxd Heritage,Exciting Future z O n. 0 h V Zoning By-law Amendment & Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) CYll eq IJotice of a Public Meeting of the Township of Oao-Medonte pursuantto Section 34(12)of the Planning Act in respect to a Proposed Zoning O By-law Amendment(1121.ZSA.01). �F Meeting Date&Time: ' February 1,2023 at 5:30p.m. The Township will live stream the Public y, Meeting Please refer to the Townsfiip's {. - _ — --__ o �Wwe,s,te(wwworo-medontc forrrvestream — .y - viewing and participation information .Proposed: Rezone lands from �i CD AgriculturelRural(AICRU)Zone „ • ®o' to Residential(R1) Zone and Agriculturall Rural (Al RU) L., v Exception Zone for the purpose dAI - of creating one new residential lot. Any person may wore or attentl to present - oFor more information,contact ib the Tow nsh i�p Planning Department at il •(705)487.2171 or planning@oro-medonte.ca, j O 3 _CD c� D m _0 0 Notice signs posted Existing dwelling O � Tnrunsllip of � Prolyd Heritage,Exciting Future z O r--F n. 0 h V Zoning By-law Amendment & Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) Cn w 0 CD (D O l J O CD D Severed lands Retained lands N 00 �. Township of Projid Herildge,Exciting Future z O n 0 h V Zoning i Amendment : Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) • CD 177 CD , I - • D Retained lands looking North Development on South side of CO 0 Moonstone Road Prond Heritage,Exciting Future z • Zoning By-law Amendment & Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) Cn 6� r y 1 O CD n I r O CD r-r O lJ 0 3 CD D Looking East on Looking West on CD Moonstone Road Moonstone Roa �= - co 1 � . Praia!Hrrifdgu,Exciting Fibre z O n. 0 h V Zoning By-law Amendment & Consent Application 2023-ZBA-01 & 2023-B-01 (Emberson ) Cn Recommendation : w 0 This concludes staff's summary/overview of the planning context and summary of the applications. 0 0 0 There will be no decision made at tonight's meeting. The purpose is to receive � CD public comments. CD 0 A recommendation report will be prepared by Staff and the applications will be considered by the Committee at a future date once comments from the public, 0 agencies and Township Departments are received and a planning analysis is completed. D w - Prnird HrrilrtRr,Eriri rr FrePrn•r z 0 n. 0 h V 5.b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for ftwd fir, Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2022-ZBA-16 (Crawford) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca) for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a "Complete" Application pursuant to the Planning Acton the 15t" day of December, 2022. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on February 1, 2023 at 5:45 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Part of Lot 26, Concession 8, municipally known as 983 & 985 Line 7 South. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone the subject lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception (A/RU*##) to permit "commercial retail store" and "outdoor storage of boats and recreational vehicles" as additional permitted uses within the site specific A/RU*## Zone. These additional permitted uses will enable the conversion of the existing automotive repair and body shop to a "commercial retail store" and permit the continued outdoor storage of boats and recreational vehicles. In addition, the proposed Zoning By-law Amendment will provide that notwithstanding Table B4 of the Zoning By-law, the minimum lot frontage of 24 metres (78.7 feet) within the A/RU*## Zone shall be permitted. The lands are also the subject of related Consent Applications 2022-B-32 & 2022-B-33. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/m unicii)al-services/plann inq-information. Written submissions can be made by: 1. Emailed to planninq(d�oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705) 487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any Page 32 of 197 5.b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planningQoro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal (OLT) and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Derek Witlib, Acting Director, Development Services planninq(d�oro-medonte.ca Dated at the Township of Oro-Medonte this 11th day of January, 2023. Location Map _ _� J _ =t 2022-B-32 and 2022-ZBA-1 fi - ------- 983 Line 7 South �j 2022-B-33 985 Line 7 South No L Ur C/ � O o �dk9 �si�e s�N�U� %r�' > o —r Subject Lands Page 33 of 197 5.b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Site Plan/Zoning Sketch ey6 r _r= IAdeNLatM NNlleri� r; 85 F sled rues 983 Lane 7 S.0 h e t 983 Line-+s 83 Line 79 3 t-. •a. Lakes4wre LEGEND Subject Lands Lot Area: ±27.289ha(67.43ac) Lot Frontage ±266-5m 985 Line 7 S Existing Area: ±26.340ha(65.09ac) Proposed Area: ±25.096ha(64.48ac) Existing Frontage: ±256.5m Proposed Frontage: ±242.1m 983 Line 7 S Existing Area: ±0.949ha(2.34ac) Proposed Area: ±1.193ha(2.95ac) Lot Frontage: 0m Proposed Frontage: ±24.4m Lot Addition(From 985 to 983) Area ±0.340ha(0.84ac) 0 Lot Addition(From 983 to 985) Area ±0.096ha(0.24ac) Page 34 of 197 Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) CT Location : 983 & 985 Line 7 South Zoning: Agricultural/Rural (A/RU) y & Environmental Protection (EP) ! - o ICD 2022-B-32 and 2022-Z:BA-16 Official Plan : Shoreline, Rural & 9\Line7Sout 985 Line _ 985 Line 7 South is f a (D 6�a+a Tr t 0 Environmental Protection 2 i1 � x L a k he►sw ' 0 Current Use: Commercial & �� RdW a to n 0 yak Q m c Residential! 0 ®Subject Lands �F M c� D m CA) — 0 v O � Tawrfship of � Proud Heritage,Exciting Future z O n. 0 h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) Purpose of 2022-ZBA-16: The purpose and effect of the proposed Zoning By- law Amendment is to rezone the subject lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception (A/RU*##) to permit "commercial retail z store" and "outdoor storage of boats and recreational vehicles" as additional permitted uses within the site specific A/RU*## Zone. These additional permitted uses will enable the conversion of the existing automotive repair and body shop 0 to a "commercial retail store" and permit the continued outdoor storage of boats and recreational vehicles 0 0 3 0 D c� _0 m Prniid Herildge,Exciting Fidure z 0 n. 0 h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) CT Purpose of 2022-B-32: The purpose of Consent Application 2022-B-32 is to sever and merge lands for the purpose of a boundary adjustment. The details of the proposed consent are: 3 z Lands to be Severed Lands to be retained Total Merged lands from (983 Line 7 South) (985 Line 7 South) `D O 983 Line 7 South andCD added to 985 Line 7 CD South Frontage: 0 m (0 ft.) 0 m (0 ft.) Approximately 266.6 m o (874.6 ft.) n Depth: Irregular Irregular Irregular 0 Area: Approximately 960 Approximately 0.8 ha Approximately 26.3 ha m sq.m. (10,333.7 sq.ft.) (2.1 ac.) (64.9 ac.) m `CD Use: Vacant Automotive repair shop Residential/woodlands w — (.0Towrishily of~r� O Prnird HrrilrtRr,Eriri rr FrePrn•r z O n. O h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) CT Purpose of 2022-B-33: The purpose of Consent Application 2022-B-33 is to sever and merge lands for the purpose of a boundary adjustment. The details of the proposed consent are: 3 z Lands to be Severed Lands to be retained Total Merged lands m from (985 Line 7 South) (983 Line 7 South) o 985 Line 7 South and added to 983 Line 7CD South _0 Frontage: 24.4 m (80.0 ft.) Approx. 242.1 m (794.3 Approximately 24.4 m o ft.) (80.0 ft.) n Depth: Irregular Irregular Irregular 0 3 Area: Approximately 0.34 ha Approximately 26.0 ha Approximately 1 .1 ha _0 m (0.84 ac.) (64.4 ac.) (2.9 ac.) m CD CD Use: Driveway access Residential/woodlands Automotive repair shop 00 w —�. �o f o Prnird Hrrildge,E�riri rr�FrePrn•r z O n. 0 h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) CT Aerial Photo: Cn iA ,+gip m C 2022-B-32 and N 2022-ZBA-1 6. r f 985 O ti ,3 - y961 968 CD 971 2022-B-33 n 3 16 M. takesh0re0 _ 0 �� 41 M 1008FW= 2 4 8 25 ■- 6 15 �, 59 10 12 O _0 65 ' 1 3 5 7 � 14 16 18 18 ■! 19 14 11 12 11 1,2. — 14 69 67 9 11 - 20 Q 11 N 7 Q 13....15`�d�Ps ;6 28 fi a��Q 5 68 72 II 76 84 21 -huh 0 54 �.N - - CQ D c�' CD `�� z5 a F ss s� �s O 33 41 2 Township off 0 Prnxd Heritage,Exciting Future z O n 0 h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) CT Existing Zoning: - xois,.exx_v.,ii.r xay A/RH _ N--Oe V A/RU*336(H) i A/RU Z V O r y J A/RL l J CD O h CD E n A/R I SR L SR /R1�319 � A/R K O keshoce.Rd:W� R� _ o � Rl 0 R1_ LN SR i1 R �I 'RLS j N O SR � 'SR r/,-F Q Subject Lands sR 1"` �, SR Q�R R y 5 l/V 0 R1 (Residential tine) 0 A/RU (Agricultural/Rural) cQ 0 SR (Shoreline Residential) EP (Environmental Protection) °N _0 CD 4�1 0 RLS(Residential Limited Service) O ] LC (Local Commercial) 66, � O CO Township of M 14 Proud Heritage,Exciting Future z O n. O h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) CT Township Official Plan Land Use: _0 z y O r r-h c CD O h CD 0 L —J— Lakeshore Rd.W v O t fY �1 0 5� ^ l v Subject Lands Ja 3 �a. IJ ro Ira I° _ lO'c°nnelRLn. M Environmental Protection Two ° CD m Rural N 0 Shoreline v ~` O � Tawrxship of � Prnxd Heritage,Exciting Future z O n. O h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) CT Adopted Township Official Plan Land Use: z CD J AT' CD \✓ --"'�lakeSNbre-RG:W 0 v 8helsW ' i O. e �c-Jp7onn el III- Subject Lands Greenlands LakeCD v Simcoe y Rural _0 Shoreline Towrashill of 0 14 Prand HerilnRe,Exciting F,a ure z 0 0 0 h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) CT County of Simcoe Official Plan Land Use: n�av�ad o,a � z O CD h (CD 0 (D O LakeshoreRn. l J O esweUglvd� <a Subject Lands sn ke 0 Shore ti ti F_ settlements m M �r'�r• �.J � � �O'eonnell Ln. D (D Greenlands r�co�ne„1n m -P `' ® Rural o 0 (.0 Hof �_ f o. Prnnd HrrilrtRr,E�riri n��FrePrn•r z O n. O h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) Cn CT Applicant's Site Plan: Cn g ,} U1 LEGEND Subject Lands O Lot Area: ±27.289ha(67.43ac) Lot Frontage: ±266.5m (D 985 Line 7 S _ OT Existing Area: ±26.340ha(65.49ac) ,- Proposed Area: ±26.096ha(64.48ac) _ ---.- (D Existing Frontage: ±266.5mw.� Proposed Frontage: ±242.1 m 983 Line 7 5 - '" O Existing Area: ±0.949ha(2.34ac) h Proposed Area: +1-193ha(2.95ac) � Lot Frontage: 4m if M N n Proposed Frontage: ±24.4m ; r - 0 _0 Lot Addition(From 985 to 983) s l d 1.3-1 Area: ±0.340ha(0.84ac) M cW Lot Addition(From 983 to 985) CD Area: ±0.496ha(024ac) SS _0 keshare RdE p h Tf WMhiP of 0 Proxd Heritage,Exciting Future z O 0 M O h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) ! _0 RUST PROOFING - z O uns e,ANTI-CORROSION _ CD f�.. giebsuarylst,1023-5:95 P.M. �.' O • i I __� 'Y R POSE } y L nv P 0 3 m m Consent 2022-B-33 2022-ZBA-16 & 2022-B-32 notice 0 notice sign sign � Tawrfslgip of O Prnxd Heritage,Exciting Future z O 1--F n O h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) Cn ---- ------- - x CD CD ■ (D - 0 O 3 —= ((D CD Entrance to Subject Lands Viewed Subject Lands - Looking Southwest from Line 7 South 0 ~` O Cfl Tawrfship of 14 Prnxd Heritage,Exciting Future z O n. O h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) _0 0 fi le �. m o CD �1 l J 0 3 �F Existing Building - Looking North Looking West Toward Line 7 South �4y 0 Tawrxship of M Prnxd Heritage,Exciting Future z 0 n. 0 h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) r CD O h I T CD O h n O 3 CD v (D Outside Storage Area - Looking Storage Units - Looking Northwest co Northeast 0 ~` O � Tawrxship of � Prnxd Heritage,Exciting Future z O n. O h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) Kr 4 ,. O CD a' O CD — CD 1y�. O n _ O 3 (D Woodland - Looking East Woodland - Looking North 0 y`4 _ Township of 0 Prnxd Heritage,Exciting Future z O n O h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) --- r7 Q r cu Q cu 0 �cu 14. Q Q _0 Q r-r Q c� D m _0 CD Wetland Viewed from Line 7 South 0 Q � Tawrxship of � Prnxd Heritage,Exciting Future z Q n Q h V 31 +•-rr- s aV�■■s ioi...,4i SFS. .vt - s,i -<I Few • , _ E V 1 • Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) U1 r U1 KI ak�"��' •fit' r�. � �ii __ 0 y (D O h CD r' ■■ (D gnu Adjacent Dwellings Along Line 7 N South O �r4 y 0 Tawrfship of Prnxd Heritage,Exciting Future z O n. M O h V Zoning By-law Amendment & Consent Application 2022-ZBA- 16, 2022-B-32 & 2022-B-33 (Crawford ) CT Recommendation: This concludes staff's summary/overview of the planning context and summary of the applications. 0 0 0 There will be no decision made at tonight's meeting. The purpose is to receive � CD public comments. CD 0 A recommendation report will be prepared by Staff and the applications will be considered by the Committee at a future date once comments from the public, 0 agencies and Township Departments are received and a planning analysis is completed. D Prnird HrrilrtRr,Eriri rr FrePrn•r z 0 n. M 0 h V 6.a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re: Minor Variance A... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-004 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # February 1, 2023 Minor Variance Application 2022-A-64 by Roll #: Robert & Sky Bicevskis R.M.S. File #: 4346-010-010-07000 1065 Lakeshore Road East D13 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2023-004 be received and adopted. 2. That Minor Variance Application 2022-A-64 by Robert & Sky Bicevskis, specifically for the purposes of an increase in height for a detached accessory building with an attached carport and an increase in height for a proposed boathouse, on lands municipally known as 1065 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-004. 3. The conditions are as follows: a) That notwithstanding Section 5.1. and 5.6, the proposed accessory building and boathouse shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicants existing driveway and culvert for the lot with the dwelling that is to be demolished be removed and ditches restored; d) That the detached accessory building and boathouse is not to be used for human habitation, commercial purposes or for a home industry; e) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority (LSRCA); f) That the Applicant/Owner prepare and provide a Shoreline Restoration Plantings Plan, to the satisfaction of LSRCA; g) That the Applicant obtain from the Township the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services February 1, 2023 Report No. DS2023-004 Page 1 of 13 Page 54 of 197 6.a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re: Minor Variance A... 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property is a shoreline lot that has an area of 0.33 hectares (0.82 acres) and contains an aging single detached dwelling (to be demolished as per 2022-D-02), a new single detached dwelling (built in 2008), and a detached accessory building (gazebo). A Location Map is included as Schedule 1 to this report and an Aerial Photo is included as Schedule 2. The applicants have received approval for a Deeming By-law (Application 2022-D-02) to merge the subject lands with their adjacent property at 1067 Lakeshore Road East. The report speaks to the removal of the existing dwelling on 1067 Lakeshore Road East, so as to not have two dwellings on one lot as a result of the lots merging. In conjunction with the Deeming By-law application, the applicants have received approval (2022-A-32) for the accessory building subject to this minor variance application. They previously applied and received approval to increase the allowable floor area (detached garage with a floor area of 99.7 square metres (1073 square feet) with an attached carport of 80.2 square metres (863 square feet)). This detached accessory building is replacing the existing aging dwelling to be demolished. The applicants are requesting relief from the following sections of Zoning By-law 97-95, as amended: Section 5.1 —Accessory Buildings, Structures and Uses Required. Proposed: 4.5 metres 14.7 feet 4.88 metres 16.0 feet Section 5.6 — Boathouses Required: Proposed: The highest point of the roof surface or the 7.7 metres (25.3 feet) from average high- parapet, whichever is the greater, of a water mark to mid-roof of unenclosed boathouse with a flat roof is no more than second storey gazebo 4.5 metres (14.7 feet) above the elevation of the average high-water mark. The applicants' site plan and elevation drawings are included as Schedules 3, 4 and 5. Development Services February 1, 2023 Report No. DS2023-004 Page 2 of 13 Page 55 of 197 6.a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re: Minor Variance A... Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. The application represents limited development in a designated rural area that is consistent with the above-noted PPS policies. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.2 — Water aims to "protect, improve or restore the quality and quantity of water". Planning staff are confident that the required permit by Lake Simcoe Region Conservation Authority (LSRCA) will take all necessary precautions to protect the environment. Section 3.1 Natural Hazards is met as per comments received by LSRCA. Planning Staff is of the opinion that this application conforms to the Provincial Policy Statement, 2020. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed accessory building and boathouse conforms to the Rural Areas policies in the Growth Plan as is represents residential related development in a rural area that is designated for limited residential development. Section 4.2.4.5, which permits development outside of settlement areas in developed shoreline areas of inland lakes on lands that are designated or zoned for concentrations of development. The proposed development conforms to Section 4.2.4.5 as the lands are designated and zoned for residential uses by the Township's Official Plan and Zoning By-law. Based on the above, it is Planning Staff's opinion that the proposed development conforms to the Growth Plan. Development Services February 1, 2023 Report No. DS2023-004 Page 3 of 13 Page 56 of 197 6.a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re: Minor Variance A... 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). The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated the subject application. The subject property is located within the regulated area and will be subject to obtaining an LSRCA permit prior to building permit issuance. Township Staff have received supportive comments from LSRCA dated January 25, 2023, with the following conditions: • That the Applicant/Owner apply for, and successfully obtain, LSRCA Permit for the proposed works; • That the Applicant/Owner prepare and provide a Shoreline Restoration Plantings Plan, to the satisfaction of LSRCA staff; and • That the Applicant/Owner provide the LSRCA Review Fee of $525.00 for Minor Variance/Consent Applications (Minor— Planner Review Only). On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1 .5 million homes over the next 10 years. Section 28 of the Conservation Authorities Act, which speaks to regulation of areas over which conservation authorities have jurisdiction, was amended with the following new policies: "Same, Planning Act (4.1) Subject to subsection (4.2), the prohibition in subsection (1) do not apply to an activity within a municipality prescribed by the regulation if, (a) the activity is part of development authorized under the Planning Act; and, (b) such conditions and restrictions as may be prescribed for obtaining the exception and on carrying out the activity are satisfied. Same (4.2) If a regulation prescribes activities, areas of municipalities or types of authorizations under the Planning Act for the purposes of this subsection, or prescribes any other conditions or restrictions relating to an exception under subsection (4.1), the exception applies only in respect of such activities, areas, and authorizations and subject to such conditions and restrictions." More clearly, any development that is authorized by the Planning Act is exempt from Conservation Authority approval. This particular Bill 23 change is not in effect yet and will come into force on a day to be named by proclamation of the Lieutenant Governor. Until such time, the subject lands are regulated by the LSRCA and the applicants will be Development Services February 1, 2023 Report No. DS2023-004 Page 4 of 13 Page 57 of 197 6.a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re: Minor Variance A... required to obtain a LSRCA Permit prior to submitting their Building Permit application. The requirement for a LSRCA Permit has been included as a recommended condition of approval. 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 a detached accessory building and boathouse are permitted on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Shoreline in the current and adopted Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation include a single detached dwelling. The Shoreline designation allows for limited shoreline development. Therefore, based on the above, the requested variances are considered to conform to the general intent and purpose of the Official Plan. Development Services February 1, 2023 Report No. DS2023-004 Page 5 of 13 Page 58 of 197 6.a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re: Minor Variance A... Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) according to the Township's Zoning By-law 97-95. The general intent of the Zoning By-law in prescribing a maximum height requirement is to ensure that an accessory building will continue to be secondary and subordinate in both use and in appearance to the primary residential use of a property. In this case the proposed one-storey detached garage with carport would be of lesser height than the applicant's two-storey dwelling. The additional height for the proposed boathouse would also be smaller than the existing dwelling and appear as a secondary use. In Planning Staff's opinion, the proposed accessory building would be clearly subordinate and secondary to the main dwelling. Based on the above, Planning Staff are satisfied that the proposed variances conforms to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed accessory building would occupy approximately the same location as an existing, aging dwelling that is to be demolished. The height will be similar to the structure it will be replacing, therefore, the presence of a building in this location has already been established. It should be noted that a detached accessory buildings and boathouses are not permitted to be used for human habitation, commercial purposes or for a home industry. The increase in height for the proposed boathouse is due to the design of a second-floor unenclosed gazebo structure. The topography of the land in this area of Lake Simcoe has a steep drop off to the water. When looking from the road, the boathouse will only appear as 1-storey (the gazebo) due to this terrain. LSRCA has provided supportive comments for the application. In Planning Staff's opinion, the proposed design, size and use of the accessory building and boathouse would clearly be secondary and subordinate to the applicants' main dwelling. The location of the proposed accessory building and boathouse would not interfere with functional matters on the lot such as parking or the septic system area. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed development is not anticipated to have an adverse impact on the character and appearance of the shoreline residential neighbourhood, will not detract from the use and enjoyment of nearby properties and will not negatively affect the functionality of the subject lands. Development Services February 1, 2023 Report No. DS2023-004 Page 6 of 13 Page 59 of 197 6.a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re: Minor Variance A... As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have any adverse impacts, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes. 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: • Township Development Engineering — No objection. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. • Township Operations Division — Operations will require that the existing driveway and culvert for the lot with the dwelling that is to be demolished be removed and ditches restored. Development Services February 1, 2023 Report No. DS2023-004 Page 7 of 13 Page 60 of 197 6.a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re: Minor Variance A... • Township Building Division — No comments. Owner/Applicant to be aware that a demolition permit will be required for removal of the existing dwelling and attached carport. Building permit will be required for proposed detached garage/gazebo and proposed boathouse Lake Simcoe Region Conservation Authority - • That the Applicant/Owner apply for, and successfully obtain, LSRCA Permit for the proposed works; • That the Applicant/Owner prepare and provide a Shoreline Restoration Plantings Plan, to the satisfaction of LSRCA staff; and • That the Applicant/Owner provide the LSRCA Review Fee of $525.00 for Minor Variance/Consent Applications (Minor— Planner Review Only). Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Applicants' Site Plan Schedule 4: Applicants' Boathouse Elevation Drawings Schedule 5: Applicants' Detached Accessory Building Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-64 be approved, specifically for the purposes of an increase in height for a detached accessory building with an attached carport and an increase in height for a proposed boathouse, on lands municipally known as 1065 Lakeshore Road East, on the basis that the application meets the four tests of the Planning Act, and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Andy Karaiskakis, Senior Planner January 25, 2023 Derek Witlib, Acting Director, Development Services January 25, 2023 Development Services February 1, 2023 Report No. DS2023-004 Page 8 of 13 Page 61 of 197 6.a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map —yaseyRd,— -MoonstoneRd. XorseShoeNalleyRtlA\' old=B_ie•Rd� J 6 1076 --- 1074 ------ — 1072 117 113 1070 3 105 109 1068 101 1079 97 eQ.r+� 1077 1081 O� m eye 0 �aV' 1062 1060 1075 1050 1073 1048 1D46 1071 1044 1069 10651 1063 1061 1055 1057 Lake 1061 1053 .Simcoe 1043 1045 1047 1049 Location 177/1 Subject Lands 7' h' Proud Heritage,Exciting Future 0 loom File Number_2022-A-64 r r r Development Services February 1, 2023 Report No. DS2023-004 Page 9 of 13 Page 62 of 197 6.a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo -Moons<ol1e.ad:�-p 169�4 /J 1072 Horseshoe YallcV ftd� ... )) '��, 10701�� Old 9 ads a�H 1068 al �o v 1060 1075 1073 .may, 1071 1069 CC � 1065 1063 I 1069 (� 057y e 1055 f ti 9 Aerial Photo /�(�7' hip�f �] Subject Lands (wG 1 Proud Heritage,Exciting Future File Number.2022-A-64 Development Services February 1, 2023 Report No. DS2023-004 Page 10 of 13 Page 63 of 197 6.8) 6:00 p.m. DS2O23-OO4, Danielle Waters, Planner re: Minor Variance A.. Schedule 3: Site Plan , Z � �� > ■ � � z . Z . \ _ - ƒ , \ 00, ® Applicant's Proposed Site Plan O;G � Proud x;ige, m9 _ o 100 R.w_r # & • i Development Services February 1, 2023 Report No DS 0 3 00 Page11 of13 Page 64 0 197 6.a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicants' Boathouse Elevation Drawings i 5 1'or NI V• F g t� t �4 25•-21n•n.ft1 FKH WAFER MAW TO MID—PEAK CF GA&9O ROOF m Applicants' Boathouse Elevation �iL Drawings ro�,Tshrp Proud Heritage,Exciting Fntnrr �lr1 0 100m File Number 2022-A-64 1 Development Services February 1, 2023 Report No. DS2023-004 Page 12 of 13 Page 65 of 197 6.a) 6.00 p.m. DS2023-004, Danielle Waters, Planner re: Minor Variance A... Schedule 5: Applicants' Detached Accessory Building Elevation Drawings 6� o I i I III ------ ------------- NORTH ELEVATION I==t=O I==IJLJ kMMI oo000ono=IE=== o I I �------------------------------------ WEST ELEVATION Applicants' Accessory Building Elevation Drawings ra�ship i1 Proud Heritage,Exciting Future 0 loom File Numbers 2022-A-64 " �I I I II I I Development Services February 1, 2023 Report No. DS2O23-004 Page 13 of 13 Page 66 of 197 Minor Variance Application (2022-A-64) Bicevskis Location : 1065 Lakeshore Road `'lam % / � \� \ •, � East m j ,=poe —— Cn Zoning: Shoreline Residential (SR) 0 Official Plan : Shoreline - � y Current Use: Residential - - =_ cn CM Subject Subject Lands v lV Qmm O � �r4 Township of ( �. Prnard Heritage,Exciting Finure O n D Minor Variance Application (2022-A-64) Bicevskis Purpose: The applicants are proposing to construct a detached accessory o building and boathouse with an increase in height for both structures. The applicants are seeking relief to the following sections of Zoning By-law 97-95, asCn N amended: N W Section 5.1 — Accessory Buildings, Structures and Uses o 0 Required: Proposed: 4.5 metres (14.7 feet) 4.88 metres (16.0 feet) cu Section 5.6 — Boathouses m Required: Proposed: m The highest point of the roof surface or the 7.7 metres (25.3 feet) from average high- parapet, whichever is the greater, of a water mark to mid-roof of unenclosed boathouse with a flat roof is no more than second storey gazebo 4.5 metres (14.7 feet) above the elevation M of the average high-water mark. 00 CD (.0 CD Hof �_ f D 14 o Prnird HrrilrtRr,E�riri rr�FrePrn•r � n D Minor Variance Application (2022-A-64) Bicevskis Aerial Photo: a o n le � v 1062 - 1 Y060 075 1073 �r 1071 III - N C60 O N _ W 1065 p 1063 1061 `y 1055 r-h �T V CQ � C (C) CD CD Township of Prnxd Heritage,Exciting Future O 0 D Minor Variance Application (2022-A-64) Bicevskis Existing Zoning: o J �Or°thys pr, 3 Yvonn° N c"es o WN A/RU � n O N v / o Pie, R CD Poplar Cres. sR>Lsu 5R 0.L5 �rnf sR LaKeshova RA.E. V `S 11 �� Subject Lands N° SR(Shoreline Residential) EP (Environmental Protection) CD v �] RLS(Residential Limited Service) 0 OS (Open Space) CD o AJRU (Agricultural/Rural) � Tawrfship of~� � 4 1 Prnxd Heritage,Exciting Future O n D Minor Variance Application (2022-A-64) Bicevskis Township Official Plan o Land Use ��.•.�.e.aa �\� ■ Dorpt _�l ems \ o "es N W Y O N� C 1 i 5ta I II IIII � E. Subject. Lands —� LaKeshore_Ra'r-� ..T1 Environmental Protection Two Z3 -_l__-\--\l - Rural CD o Shorelines 14 O Prand Hrrifdgu,Exciting Future � n D Minor Variance Application (2022-A-64) Bicevskis Adopted Township Official Plan r,Qo,. CD Land Use• "ors ceW„'e add • old e fir ``^^ Cn N Yvoh°e�� N e$. CD O p P A ------- poplar Cres. V r—F e °re �agsh. �.-=3 Subject Lands Lakem Simcoe :3 Z3 CD Greenlands -_----- 1I__ CD o Shoreline cof= of : O Prond Herildgu,Exciting Futin•e n D Minor Variance Application (2022-A-64) Bicevskis County of Simcoe Official Plan o Land Use: CD Pc N�Ps N W N � CD N O Q J a m VL Poplar Cres. (p. �S r-h Lakesho[e Rp.E. Subject Lands Greenlands CD o - Rural CD �4 mTownshily w= f Z o Proud Herildgu,Exciting Fiewre � n D Minor Variance Application (2022-A-64) Bicevskis Applicant's Site Plan: o o I ( m W y 1 O A ' p' Yv t/ T I ° � I O Township of Prnxd Heritage,Exciting Future 14 0 D Minor Variance Application (2022-A-64) Bicevskis Applicant's Boathouse Elevation Drawings: o SIMICLES TO WX7 EAOSMC HOUSE IPA AS DWTEP Of w(Al FM1NMOUu OR AM iRW 12 RPPF ARP er nRraMJWMIRA.crr�R B� Cn N O (N 5i TTP- &•Ac aF.WLVRros!*N O m SMISM CASES AM CAS 90AI SE P LAD TO OMEN ON IMMEME 1l T W. EpSrwF t• CCnCRE3E FA➢0 Ai RPlISE o �. REI R 10 S=TVA R"LA FNpI�IH415-M1-RNL CR RErER EP SRbJPFURAl PWFS ML.L ALUIpyL4A QA5i pUMW AnoP SIAF4 d SttN€ Q$IP"MM PRE EDGE (D S fA o r uAm1nv 1RMMEa tl.ACpNL � As sFlaclm er oMrER �� (D � S A WA!NA[F•:MAP,�- CW MAB PR CWPAG7IM MWAJLIR 1O-�'• l V ACkELL wm FxLr CdPRRLTER m sswc+lutu Pula IAnurrs uAwAk (n a10PE 2x 5i x AMC ELP N SCCR EN STW OG+RA. Ci&iE FCUIlm VFW FCR RENFRCM CgICAEIE FWIR6 -/`�7 m (5EE-.MKT W MIUMD ME LL -..7 1 CD RM TO`_V 1 llVnn V1 �. O �1 Township of � Z. Prnxd Heritage,Exciting Future S n D Minor Variance Application (2022-A-64) Bicevskis Applicant's Detached Accessory Building Elevation Drawings: o 0 N O sp N 0 OC]CICI m ------------------- ----- — — -- ______ r________----------I------ i (D NORTH ELEVATION WEST ELEVATION CQ :3 CD CD v � O � �r4 Township of � :. Prnxd Heritage,Exciting Future O 0 D Minor Variance Application (2022-A-64) Bicevskis o N W O �. O C' CD CD CD CD East on Lakeshore West on Lakeshore Tawrxship of Prnxd Heritage,Exciting Future O 0 D Minor • • • (2022-A-64) Bicevskis CD Cn CD iw Lxa . ' x D CD I 1 00 Notice sign posted • '� 0 Minor Variance Application (2022-A-64) Bicevskis id CD Cn N W Y. (_ CD S Existing dwelling to Existing gazebo New existing dwelling be demolished CO Tawrxship of Prnxd Heritage,Exciting Future O 0 D Minor Variance Application (2022-A-64) Bicevskis O O 14 Cn CD W O C. c� Z3 N CD CO CD Location for proposed boathouse Cfl Township of Proud Heritage,Exciting Future O 0 D Minor Variance Application (2022-A-64) Bicevskis 0 O o i W — (D /-�� �Q Z3 CD CD I OD 01 Existing dwelling to be replaced with accessory building J Tawrfship of 14 , , Prnxd Heritage,Exciting Future O 0 D Minor Variance Application (2022-A-64) Bicevskis Recommendation : Approve o It is recommended: _0 1. That Report No. DS2023-004 be received and adopted. Cn 2. That Minor Variance Application 2022-A-64 by Robert & Sky Bicevskis, specifically for the purposes of an increase in height for a o detached accessory building with an attached carport and an increase in height for a proposed boathouse, on lands municipally N known as 1065 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report to DS2023-004. (D 3. The conditions are as follows: a) That notwithstanding Section 5.1. and 5.6, the proposed accessory building and boathouse shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the (D application and sketches submitted and approved by the Committee; c) That the applicant is to topsoil and seed over the old entrance within the road allowance; d) That the detached accessory building and boathouse is not to be used for human habitation, commercial purposes or for a home industry; CD e) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority (n (LSRCA); f) That the Applicant/Owner prepare and provide a Shoreline Restoration Plantings Plan, to the satisfaction of LSRCA; v g) That the Applicant obtain from the Township the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Z3 m m Permit only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 00 1990, c.P. 13. CD NJ 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. co Hof �_ f 5. 14 O Prnird HrrilrtRr,E�riri rr�FrePrn•r � n D 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-003 Development Services Committee Catherine McCarroll Intermediate Planner Meeting Date: Subject: Motion # February 1, 2023 Consent Application 2022-B-34 by HSV GP Inc. Roll #: 1101 Horseshoe Valley Road R.M.S. File #: 4346-010-002-03500 West D10- Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2023-003 be received and adopted; 2. That Consent Application 2022-B-34 by HSV GP Inc., to create a new lot for a proposed mixed-use commercial and residential condominium development and to create an easement along Horseshoe Boulevard, from Birch Grove Drive to the new lot, for access to the site, on the lands municipally known as 1101 Horseshoe Valley Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-003. 3. The conditions are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland which will be collected per unit and will be identified as a condition of draft plan approval for the condominium application, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; b) That the applicant apply for and obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte; c) That the applicant obtain Site Plan approval for the proposed development on the severed lands and for site works on the retained lands, and enter into a Site Plan Agreement, registered on-title, with the Township; d) That the Applicant transfer to The Corporation of the County of Simcoe ("County"), in fee simple, free and clear of all liens and encumbrances, a road widening to provide a 18.0 metres right-of-way from the centre line of Horseshoe Valley Road West (County Road 22) along the frontage of the retained lands, where necessary, adjacent to Horseshoe Valley Road West (County Road 22) to the County. 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 Development Services February 1, 2023 Report No. DS2023-003 Page 1 of 19 Page 83 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... 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 widening with Horseshoe Valley Road West 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 transfer to The Corporation of the County of Simcoe ("County"), in fee simple, free and clear of all liens and encumbrances, a 10.0 metres road widening along the frontage of the retained lands, adjacent to Horseshoe Valley Road West (County Road 22), from the PIN 740530268/PIN 740530269 property line, west, to a point of 125.50 metres, enclosing an area approximately 1255 square metres, to the County. 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 10.0 metre widening with Horseshoe Valley Road West 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. f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That one copy of a Registered Reference Plan of the severed lands and easement be prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title; h) That the applicant's solicitor prepare and submit a copy of the proposed conveyances for the parcel severed and easement, 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. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Development Services February 1, 2023 Report No. DS2023-003 Page 2 of 19 Page 84 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... Background: Property Information The subject lands are located in the Horseshoe Valley Settlement Area, south of Horseshoe Valley Road West, and can be accessed via Horseshoe Boulevard. 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 related to this proposed development is listed below: • Zoning By-law Amendment Application 2019-ZBA-23 was approved by Township Council on September 3, 2020 to rezone the subject lands from the Future Development Exception 67 (FD*67) Zone to the Village One Exception 318 Holding (V1*318(H)) Zone. Exception 318 permits a reduced minimum rear yard for the building, staircase and terrace. The Holding (H) Provision will not be removed from the zoning of the subject lands until such time as the appropriate Site Plan is approved by the Township, the related Site Pan Agreement is registered and the Township has received the securities identified in the Site Plan Agreement. • Minor Variance 2022-A-19 was approved on May 4, 2022, to permit a reduced minimum gross floor area for dwelling units in the proposed building, down from 50.0 square metres (538.2 square feet) to 30.0 square metres (322.9 square feet). • The applicant submitted Site Plan Application 2022-SPA-38 on October 18, 2022 to facilitate the proposed development, which has been circulated for comments. The Site Plan Application will be brought to a future Development Services Committee meeting. Consent Application 2022-B-34 The purpose of Consent Application 2022-B-34 is for the creation of a new lot and an easement across Horseshoe Boulevard for the purposes of providing access to the site. The details of the proposed consent (severance) are: Lands to be Severed: Lands to be Easement: Retained: Frontage: 0 m (0 ft.) (No public road Approx. 950.0 m Approximately 7.0 m frontage) 3,116.8 ft. 22.9 ft. Depth: Irregular Irregular Approximately 712 m 2,335.9 ft. Area: Approximately 0.44 ha Approximately 119.9 1 .09 ac. ha 296.3 ac. Use: Proposed mixed-used Horseshoe Valley Proposing an easement condominium development Resort along Horseshoe (195 residential units and Boulevard from Birch commercial space Grove Drive to the site (restaurant) on the main for access to the new floor). lot. Development Services February 1, 2023 Report No. DS2023-003 Page 3 of 19 Page 85 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... The Applicants' consent sketch is included as Schedule 3 to this report and the proposed easement sketch is included as Schedule 4. Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas and Section 1 .1 .3 — Settlement Areas are applicable to this application. The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1.1.3.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Furthermore, Section 1 .1 .3.4 states: "appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form" (p. 9). The subject lands are located in an established Rural Settlement Area (Horseshoe Valley) which is intended to be the focus of growth and development and where development is encouraged with consideration to rural characteristics, the scale of development and the provision of appropriate service levels. Since the subject lands are located within the Horseshoe Valley Settlement Area, Planning Staff is of the opinion that this application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth" and directs development to settlement areas. Section 4.2.2 Natural Heritage Systems has also been reviewed by Planning staff with respect to the proposed Consent application. In accordance with Section 4.2.2.1, "the Natural Heritage System for the Growth Plan excludes lands within settlement area boundaries that were approved and in effect as of July 1, 2017" (p. 40). Since the proposed development is located within the Horseshoe Valley settlement area, it is Planning Staff's opinion that this application conforms to the Growth Plan. County of Simcoe Official Plan The subject lands are designated "Settlements" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. Pursuant to Table 5.1 of the County's Official Plan, Horseshoe Valley is recognized as a settlement area in the Township. Section Development Services February 1, 2023 Report No. DS2023-003 Page 4 of 19 Page 86 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... 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, with particular emphasis on primary settlement areas, in accordance with the policies of this Plan. • To develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services. • To develop mixed use settlements as strong and vibrant central places and to create healthy settlements and communities that are sustainable. • To promote development forms and patterns which minimize land consumption and servicing costs" (p.26). 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). The lands to be severed would have access to Horseshoe Valley Road West via an easement along Horseshoe Boulevard, from Birch Grove Drive to the site. The Township maintains the portion of Horseshoe Boulevard from Horseshoe Valley Road West to Birch Grove Drive. In Planning Staff's opinion, the application appears to generally conform to these policies as the proposed lot for future commercial and residential uses 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. The County of Simcoe provided comments dated January 26, 2023 (see Schedule 8 to this report). The County has no objection to the approval of the application, subject to a condition that the applicant transfer to the County the following road widenings: • A road allowance widening along the frontage of the retained property, adjacent to County Road 22, where necessary, to provide a 18.0 metre (59.1 feet) right-of-way from the centre line of County Road 22. • Additionally, a road allowance widening of 10.0 metres (32.8 feet) along the frontage of the retained property, adjacent to County Road 22, from the PIN 740530268/PIN 740530269 property line, west, to a point of 125.50 metres (411.7 feet), enclosing an area approximately 1255 square metres. Township of Oro-Medonte Official Plan The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. Development Services February 1, 2023 Report No. DS2023-003 Page 5 of 19 Page 87 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... The subject lands are located within the Horseshoe Valley Rural Settlement Area and the lands to be severed are designated Horseshoe Valley Village according to Schedule `D' of the Township's existing Official Plan (1997) (see Schedule 5 to this report) and Schedule B2 in the Township's Adopted Official Plan (2022) (see Schedule 6 to this report). Permitted uses in the Village designation include: apartment dwellings, mixed-use developments and restaurants. As indicated in Section 2.3.4.2.1 of the Township's Adopted Official Plan, "Integrated multiple residential dwellings and commercial resort unit complexes constructed in conjunction with commercial uses, is encouraged" (p.39). Section 2.3.4.2 of the Adopted Official Plan contains detailed policies pertaining to the development of lands within the Village Designation. Specifically, Section 2.3.4.2.2 states that the proponent shall prepare a conceptual site plan for the area to ensure that development within the Village Designation proceeds in an orderly manner. This will be addressed through the applicant's Site Plan Application. Section 2.3.4.2.6 speaks to parking. Planning Staff have concerns with the reallocation of parking throughout the resort site to accommodate the proposed development. The applicant will be required to obtain a Minor Variance for the reduced number of parking spaces within 200.0 metres (656.2 feet) of the proposed development (Section 5.19.1 of the Zoning By-law). Planning Staff's parking concerns will have to be addressed prior to the applicant obtaining approval for this variance. 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" of the existing Official Plan and Section 4.8.6 "New Lots by Consent" of the Adopted Official Plan: a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed lands would front onto an extension of Horseshoe Boulevard. In accordance with Section 5.10.1 of the Township's Zoning By-law, a "resort street shall have the same meaning as public street". Horseshoe Boulevard (south of Birch Grove Drive) is maintained year-round by Horseshoe Resort. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: Access to the property is intended to be by way of an easement across Horseshoe Boulevard from Birch Grove Drive to the site. The Township maintains Horseshoe Boulevard from Horseshoe Valley Road West to Birch Grove Drive. The County of Simcoe provided comments dated January 26, 2023 (see Schedule 8 to this report) indicating that they have no objection to the approval of the application subject to a condition that the applicant transfer road widenings along Horseshoe Valley Road West (County Road 22) to the County. c) Will not cause a traffic hazard; Conforms subject to Minor Variance approval: As part of the Site Plan Application and Minor Variance Application for the reduced parking spaces within 200.0 metres (656.2 Development Services February 1, 2023 Report No. DS2023-003 Page 6 of 19 Page 88 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... feet) of the proposed use, the applicant will be required to address Planning Staff's concerns with the relocation of the parking areas throughout the resort property to accommodate the proposed development. The County of Simcoe has requested that as part of the Site Plan Application, they submit a Traffic Impact Brief to their satisfaction. The purpose of the brief is to examine the site generated traffic by the proposed development at the nearby intersection of Horseshoe Valley Road West (County Road 22) and Horseshoe Boulevard. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Conforms- The subject lands are zoned Village One Exception 318 (V1*318) Zone. The Village One Zone requires a minimum lot area of 0.02 hectares (0.05 acres) and a minimum lot frontage of 7.0 metres (22.9 feet). The proposed lot complies with the minimum lot area as they are proposing a lot area of 0.44 hectares (1.09 acres) and it complies with the minimum lot frontage as it will have frontage along the extension of Horseshoe Boulevard. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: Development in the area is presently serviced by private communal water and wastewater services. The applicant submitted a Site Servicing and Stormwater Management Report prepared by WMI & Associates Limited, dated October 2022, and a Water Servicing Study prepared by IBI Group, dated October 2022, to confirm that the proposed development can be serviced by existing water and sanitary infrastructure. Environmental Services Staff will be providing comments on these matters, through the Site Plan Approval Process. It is the opinion of Planning Staff that severance of the lands from the balance of the resort property is largely a technical matter, the timing of which would not need to be tied to the resolution of the servicing issues and engineering details. f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The applicant submitted Civil Engineering Drawings and a Stormwater Management Report which will be reviewed to the satisfaction of the applicable Township Departments and external agencies as part of the Site Plan Approval process. 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- Planning Staff does not anticipate that the retained lands will be restricted by the proposed severance. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Development Services February 1, 2023 Report No. DS2023-003 Page 7 of 19 Page 89 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... Conforms: There are no natural features on the lands to be severed and any potential impact on features present on the retained lands would be addressed and mitigated (e.g. stormwater management) through the Site Plan Approval process. 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 application in relation to the Township's existing and adopted Official Plans (1997 & 2022), as outlined above, it is the opinion of Planning Staff that the application conforms to the policies of the Township's Official Plan. Zoning By-law 97-95 The subject lands contain a wide variety of zones as illustrated on Schedule 7 to this report. The lands to be severed are zoned Village One Exception 318 Hold (V1*318(H)) in the Township's Zoning By-law 97-95, as amended. Exception 318 states the following: "Notwithstanding the provisions of Section 4.1-Table B6, Village One Zone Standards, the following provisions shall apply to the lands denoted by the symbol V1*318 on the schedules to this By-law: Minimum Rear Yard: a) To a main wall of a building or structure 3 metres b) To a staircase 0 metres c) To an enclosed or unenclosed terrace 2 metres" (p.7-103' & `7-104'). As per Table A6, the Village One Zone permits apartment dwellings and restaurants. The proposed lot complies with the minimum lot area of 0.02 hectares are they are proposing a lot size of 0.44 hectares and complies with the minimum lot frontage of 7.0 metres (22.9 feet) as they will have frontage along the extension of Horseshoe Boulevard. On May 4, 2022, the applicant obtained approval of Minor Variance 2022-A-19 to permit dwelling units with a reduced gross floor area down from 50 square metres (538.2 square feet) to 30.0 square metres (322.9 square feet). Development Services February 1, 2023 Report No. DS2023-003 Page 8 of 19 Page 90 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... The applicant will require another Minor Variance application to address the following non- complying items: • Section 5.19.1 for a reduced number of required parking spaces within 200.0 metres (656.2 feet) of the use; and, • Section 5.20.2.2 for a reduced width for driveways that cross a front or exterior side lot line and lead to a parking area or parking lot. As part of the future Minor Variance application, the applicant will be required to address Planning Staff's concerns with the reallocation of parking throughout the resort. 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 (1997) • Township of Oro-Medonte Adopted Official Plan (2022) • 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. Site Plan review of the Engineering submission (servicing and stormwater management, etc.) will address the specific design details. • Township Infrastructure and Capital Projects — No comments. Development Services February 1, 2023 Report No. DS2023-003 Page 9 of 19 Page 91 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... • Township Environmental Services — No specific comments on Consent Application 2022-B-34. Please be advised that comments related to servicing for this proposed development will be provided under 2022-SPA-38 (HSV GP Inc.). • Severn Sound Environmental Association - The portion of 1101 Horseshoe Valley Road West that is to be severed is located outside of any of the wellhead protection areas. Therefore, policies in the South Georgian Bay Lake Simcoe Source Protection Plan would not apply as the application is currently presented. • County of Simcoe — See Schedule 8. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Consent Sketch Schedule 4: Proposed Easement Schedule 5: Township Official Plan (1997) — Land Use (Schedule D of the OP) Schedule 6: Township Adopted Official Plan (2022) — Land Use (Schedule 132) Schedule 7: Zoning Schedule 8: County of Simcoe comments dated January 26, 2023. Conclusion: Based on Planning Staff's analysis of these applications, it is Staff's recommendation that Consent Application 2022-B-34 be approved, specifically to permit the creation of a new lot and permit an easement along Horseshoe Boulevard, from Birch Grove Drive to the new lot, for access to the site, on the lands municipally known as 1101 Horseshoe Valley Road West, on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro- Medonte and the County of Simcoe, complies with the Planning Act and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andy Karaiskakis, RPP January 25, 2023 Senior Planner Derek Witlib, RPP Acting Director, Development Services January 25, 2023 Development Services February 1, 2023 Report No. DS2023-003 Page 10 of 19 Page 92 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re'... Schedule 1: Location Map —V—y-Rd. -Moon--Rd. r 1102 ��p�FLZ Horseshoe•Valley-Rd. (^ d 7 9�G 15 Q pthN 9 8 7 8 12 1 5 3 6 5 6 r ; 4 3 2 2 2 6 7 9 12 l Horseshoe Valley Rd.W. vr` — �fm 1 n 0 1101 12 2 C 1 y_lw:1 C Grove Dr. 37 3800 = � \ a 11 27 35 3800 9 57 ` 6 1101 y 3303 28 26 30 32 38 36 40 42 39 3 41 43 48 45 47 50 49 0085 3210 52 51 53 Lands to b 90 90 90 severed Doss ° y 27 26' 3028 :3Hlghlan�i]r• CD � Cs 51 � A 0085 °9s, 3000 p �4 Location ® Subject Lands Township o Lands to be severed Proud Heritage,Exciting Future 0 loom File Number:2022-B-34 � Development Services February 1, 2023 Report No. DS2023-003 Page 11 of 19 Page 93 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... Schedule 2: Aerial Photo .Moonstone.Rd _,IF aoo p— I L Harwshoe-ValleyRd. 1102 ofd.g�rrieRd. y, �'�C.ti p � 11 _..Rd� goad r raa ,� 1s QfiP�� m 10 2 0 2 5 7 9 °2�° � Horseshoe•Valley-Rd:W. � Bir'ch`Grove:U�. 37 11 9 — 35 1.0V� y, g �d. t � .� • \ 9 �17�y ilk .i,13 3303 .� .. �� 28 26 2 1101 30 To 32 Its- 38 vt Lands to be as severed 4o S 4f ►, �, `����he p C49� 50 - [49 0085 32 0 52 (5�1i 90 g0 0085 y ��J �' 24 00' Aerial Photo Q Subject Lands Township 0 Lands to be severed Proud Heritage,Exciting Future 0 100 IT File Number:2022-3-34 N l l l Development Services February 1, 2023 Report No. DS2023-003 Page 12 of 19 Page 94 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re'... Schedule 3: Applicants' Consent Sketch R w e s W mug, []Wr, AMP z W dddttt ' 'rr WbL / and O;:-w We 4-0 f ` I f, cn � m p� N _V ry N •� UY 9 L Development Services February 1, 2023 Report No. DS2023-003 Page 13 of 19 Page 95 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Proposed Easement G a. x: Q� W m ■��/y m LrA!/' 0 Y d 0� 9 L z i1 Development Services February 1, 2023 Report No. DS2023-003 Page 14 of 19 Page 96 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... Schedule 5: Township Official Plan (1997) —Schedule D — Horseshoe Valley Land Use —V85eµ Rd.— 1 -- -—I Hw—hoe Vall_,Rdk, 91d-ear is Rd — `Ridge R O zz o 5 Horseshoe Valley Rd.W. y Birch Grove s vl` f�0ip r- d 3� Lands to b w severed F a Township Official Plan - Schedule D HSV Land Use Q Subject Lands Low Density Residential F-1 Resort Facility [:3 Lands to Medium Density Residential =Village _ +4 be severed Township of Recreational Proud Heritage,Exciting Future 0 300 m File Number:2022-B-34 I I I I Development Services February 1, 2023 Report No. DS2023-003 Page 15 of 19 Page 97 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... Schedule 6: Township Adopted Official Plan (2022) — Land Use (Schedule 132) —VaseV-Rd.— -Moons[one.Rd:r� eweshce-Valley-Rd. /tom Old-Barrie-Ram o Horseshoe Valley Rd.W. a,__,8irch GCove:� _— _ 7� fD�eG,ti r a Go. limiside-Ct. y�r eycKe I n �h��N ra is at \ 2 Lands to be severed CL I fit: QqS 7 Township Adopted Official Plan (2022) - Land Use B2 Q Subject Lands Low Density Residential 0 Lands to be severed Medium Density Residential Commercial Township o� Recreational Village Proud Heritage,Exciting Future Q Settlement Area 0 300 M File Number:2022-B-34 1 I I I I Development Services February 1, 2023 Report No. DS2023-003 Page 16 of 19 Page 98 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... Schedule 7: Zoning —VaseyRd.— N EP PR-118 PR..• * P Rl 3 A: -Mmns[one•2d. Y R2-60 rb R2*60 rr R3*6^ HerseshceValleyRd. � 63 �� w N# RS*6 11 3 R1*63 r_ o9dearrie-Rd. d+ A RU R' 6 FD-67 f'.,.* A. / iC• 41*63 �I}idAoint n yj *ti pR RL 53 9/) Rl 63 a L• •C � ♦sad M a:��t � Q - F- R1*62 Horseshoe Valley R� W��z2a 2 FD*67 ^ aPR FD-67 V1(H) Bireh Ri' � Rl RS 1 .r113 v1 `l Cr�L � pale m AJRU Rl 4 FD-67 R1 A/RU A/RU-15 FD-69 pR 11 FD-68 Hill side_Ct. RS*42 R1 �d R2*4.�rrest- EP R1 !� 112-123 R1*147 r J (7 RS*147M, ay �+ U % PR R1*147 •T EP 1-I47(Hi 1 1C -147-(H) A/RU*284 OTS 1*14"+ P `� R•1:147 A/RV R2-123 R2-123 112-123 R2-123 [Q a Ri Lands to be P R1 j j Rl to severed wr R1 Fiighflan—Dr. — — P 111*140(H) R1��, Q aY R1r:14p p. r�� OgiS` R1 PR * ♦I 1*4 Pg lit - �a y.EPKy1fR15*140 O Existing Zoning _ ®Lands to be severed R1(Residential One) PR(Private Recreational) Subject Lands R2(Residential Two) FD(Future Development) Township of 0 A/RU(Agricultural/Rural) ® V1(Village One) I Vsi�i_,/ti _ EP(Environmental Protection) Proud Heritage,Exciting Future OS(Open Space) I/ 0 300 Meters File Number:2022-13-34 �V 1 1 1 1 1 Development Services February 1, 2023 Report No. DS2023-003 Page 17 of 19 Page 99 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... Schedule 8: County of Simcoe comments dated January 26, 2023 r Counter of Simcoe fiain Line(PU5}72d93DD CC}UND,OF Transportation and Tall Fri 1 ®05 821 93LDI IMC 4 Engineering 1itlANSF[ f{IA IrUN AND Fax(7D5)722 7984 11110 Highway 26, ENGINEERING .� � Midhurs�Ontario U@X 1 NB tiwetr:sim �_ca Andy Karalskakls January 6,2023 Secretary-Treasurer, Committee of Adjustment Township of Cara-h'ledonte 148 Line 7 S Oro-Medonte, ON LOL 2E0 *via e-mails`$ Dear Mr_ Karaiskalkis, Re: Consent Application File No. 2022-B-34 Applicant: HSV GP Inc. 1101 Horseshoe Valley Road Writ, Township of Oro-Medonte, County of Simcoe Thank,you for circulating the above-noted application tothe County of Simcoe for review- It is understood that the purpose of the consent application is for the creation of a new lot and an easement across Horseshoe Boulevard for the purposes of providing access to the new lot from Horseshoe Malley Road Writ_ The County notes that the existing reght-of-way on County Road 22 (Horseshoe Valley Road West), adjacent to the northerly limits of the subject property, varies along the property line, being approximately 30.5 metres wide at the narrayvest section. In accordance with Table 5.4 of the Simcoe County Official Plan, the required basic right-af-way width for County Road 22 is 36-0 metres. County staff has reviewed this requirement and feel that the full right-of-way width is necessary for future road maintenance, road improvements and stormwater flow from County Road 22. The Count} of Simcoe is requesting the road widening pursuantto section 53(12)of the Planning Act and such land •gill form part of the highway to the extent of the designated widening in accordance viith section 31(6)of the Municipal Act, 2001_ The County of Simcoe has no objection to the approval of the application, provided the following condition is included: 1. The applicant shall transfer to the Corporation of the County of Simcoe("County"), at no cost,a fee simple, unencumbered interest in the follaMng: a) A road all ov,-ance Mdening along the frontage of the retained property, adjacent to County Road 22, -,%,here necessaR,. to provide a 1 B_0 metre right-of-way from the centre Line of Ceount+r Road 22. b) Additionally, a road allowance-widening of 10.0 metres along the frontage of the retained property, adjacerdto County Road 22, from the PIN 74053026EVPIN 740530259 property line,west, to a point of 126.50 metres, enclosing an area approximately 1255 square metres. The applicant shall submit to the satisfaction of the County's Transportation and Engineering Department a preliminary reference plan which sets out the road widening to be transferred to Development Services February 1, 2023 Report No. DS2023-003 Page 18 of 19 Page 100 of 197 6.b) 6.10 p.m. DS2023-003, Catherine McCarroll, Intermediate Planner re:... County Comments-2 the County- Upon approval, the County will instruct the surveyor to deposit the reference plan in the Land. Registry Office for Simcoe county and requests the surveyor to provide the County with a copy of the deposited reference plan. All casts associated with the land transfer, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the applicant. All legal documentation is to be negotiated, prepared and registered by the Legal Services Department of the Count, and to be executed-where required by the Applicant. The Applicant shall submit to the Legal Services Department of tha County a deposit in the amount of$1200-00 prior to the services being rendered- Invoices will be submitted on a cost recovery basis and applied against the deposit- Additional deposits may be required, and any excess over the total invoices-will be refunded- Priorto stamping of the deed I) the Town of Oro-Medonte, the App`icant shal obtain written clearance from the Gounty for the above-noted condition. Please formard a copy of the decision- If you require any further information, please do not hesitate to contact nee. Sincerely, The CoLalkovski, rporation of the County.of Simcoe z I OK44� C/z/ Zoran C.E.T Engineering Technician II (705)726-9300 ext 1222 Zoran.Pledeiko ski(d.sirncoe.ca C.C- Julie Scruton, County of Simcoe Claire Walker, County of Simcoe ht"4ps:;-slmaae€aunty.staFerolIL03rl-snes.'PLNGeparhrerri,-�fiared 6ccumEnWr—reral-D-De'MDPnw'-8 mianring DOM is D i-7e,r goweM cdnesp®n] -i:�EOr[rF.ledarr.e'u1 C..F&-rarce&d'3 Var"aroEVA23OM—E-2 M-1.0 orsesh©e'r1a es'R:ar h1J ".'Drwnty T&E Cammerns-Jan 25.23.doe Development Services February 1, 2023 Report No. DS2023-003 Page 19 of 19 Page 101 of 197 Consent Application (2022-B-34) HSV GP Inc. CT Location : 1101 Horseshoe Valley o Road West Ir t` t P x 9 ' e a 'p 7 b 8 ? 3 4 3 4 12�. Cn 9 Zoning: Village One Exception 318 HorseshosYl w � � t = Z = 6 7 9 N n not tz z t Q 97 N Hold (V1 *318(H)) o 95 O 3900 Official Plan : Horseshoe Valley zeTa` =3 24 Village 36 �. 40 CD 3 42 4 4 Current Use: Horseshoe Valley 9Zt3 43 �95 � � Lands to b m so Resort severed 6 3oz3 24 p�—HI tl n6 zb 51 crass s (DCD_ r-h 4 �.;. (D aL co Tawxship of 0) 14 r-q- Prnxd Heritage,Exciting Future (T V Consent Application (2022-B-34) HSV GP Inc. CT Purpose: The purpose of Consent Application 2022-B-34 is for the creation of a CD new lot and an easement across Horseshoe Boulevard for the purposes of providing access to the new lot from Horseshoe Valley Road West. The details Cn of the proposed consent (severance) and easement are: N 0 N W Lands to beSevered: Lands to be Easement: o 0 Retained: u' Frontage: 0 m (0 ft.) (No public road Approx. 950.0 m Approximately 7.0 m � frontage) ,110, ft, (22.9 ft.)� Depth: Irregular Irregular Approximately 712 m CD. 5.9 ft. m Area: Approximately 0.44 ha Approximately 119,9 if (1 ,09 ac,) ha (296.3 ac.) c� Use: Proposed mixed-used Horseshoe Valley Proposing an easement M condominium development Resort along Horseshoe 0 (195 residential units and Boulevard from Birch = commercial space Grove Drive to the site m o (restaurant) on the main for access to the new , m ° floor). lot. CO Hof f v 14 Prmul Herildge,Esririrr,�Fu 101c �T V Consent Application (2022-B-34) HSV GP Inc. CT Aerial Photo: C4, © L`i2 S 121 O a.22 m�T` _ Horseshoe V.all_eyRd®Wu®—� _ 3 ' t v0- 12 k N Sirch Grove:Dr. �w� 39 �� >xoo �e w z �� Dade 1... g., 3 16 t l J 3303 9' 28 26 30 ' 38 �'4 • Lands t0 36 �• ., '. severed CD • ' 4� E39] n C5 53 90 .90 90 — � 0085 (� D Wf27J r-h 3028 H19+.��.Dry ,� ,� rg f.6 24 (D ��ry Doss L� .Sl. �k�� �4y CO Tawrfship of �' 1 Prnxd Heritage,Exciting Future (T V Consent Application (2022-B-34) HSV GP Inc. va,R�aa. Cr H-h.V. County of Simcoe Official Plan °a."'Ad.' o Land Use: �a,9�no� _ y Maple, Cn Horseshoe Valley Rd.W., 22 yNBirch Goo a N o Po u O _ a I Goy°ter 0 d W 0 ^ w. !� FaiC? z v v � J 5ubiect Lands hland-flr• � A � � v F— Settlements a o q ; w o � -"o � chPs- A��eiWay Greenlands o r'l�t<,t W k (gyp Nordic.Tr erp� o M Rural id9waodCt. 3 o Q 0/Qw,= of Prmid Herildge,Exciting Fidowe �T V Consent Application (2022-B-34) HSV GP Inc. Township Official Plan (1997) CD Land Use: a o O T Horseshoe Valley Rd.W. 0° IV y Blrch Grove Dr. j N Q 1 GOJ� C) m CD 7 Subject Lands Y, Lands to be severed o v Low Density Residential I Resort Facility % Lands to e severed _- — CD CDMedium Density Residential = VillageCD o Recreational �4 � GL Township of G' Prand Heritage,Exciting Future (T V Consent Application (2022-B-34) HSV GP Inc. —va:evRe— 11 Hoo,o� CT Hr esM1ce�Vallay-Rd. T CD Adopted Township Official Plan ..�� _ ��' L.: od'Rd. @ A. Land Use: ado 9� N Horseshoe Valley Rd.W. o, yBiyth-Grover j N S Ct. x° v pa\e Q N W � O i Hillside ft. (D yam, Via\\eye�g CJ Subject Lands ' J Lands to be severed T (DCD Low Density Residential \" t 4 n Medium Density Residential v Commercial Lands to be severed O Recreational (D Ya N P CDVillage z gas CD 0 Settlement Area Tauiuhip off Proxd Heritage,Exciting Future (CID V Consent Application (2022-B-34) HSV GP Inc. —v.,uv ne.— N PR-118 RR ER - 1 V! R2-60 TT 2*60 `V �v vRd� k16 *6 1 N 3 R1*3 R3�6 Existing Zoning = - ow 1*60� A/RV � FD-67 CD FD*67 a' Dint � Village One yj9 1•3 Exception 318 Horseshoe Valfgy RLLdyW�zz CflYfl P n FD'67 �' I�•/ RR FD.67 V1(HI) > BIFC�J �% R1' C) Hold (V1 *318(H)) V1a'oate W U � R-1 1 FD-67 O Lands to be severed A/R1 A/RV-15 FD-69 FR-118 O FD-88 Willside.Ct. CD P R*42 R Subject Lands ER �' v`lpryJ R1*4OreSlq YlJ 1 pw7 � �TF R2-123 0.1. 7 R1 (Residential One) a CD Rl*197(H• � //1 �1� R2 (Residential Two) RR RV147 CD A/RU (Agricultural/Rural) i E Rl°-14X(. 1 4 l J EP (Environmental Protection) A/RU*284 O$ V14 ` J 1-14 /RU 2-123 R2-1OS (Open Space) 23 R2-123 R2-123 W � 0 v PR (Private Recreational) Lands to be A R1 A/RU d c� severed Rl Highland0+• �}- �, A � FD (Future Development) i =PYYC1 R1w140(H) P R OQS. Ri �~ p 2 oP <? (D co V1 (Village One) 3„ `gay 3 0 1 CD co Talvnsl2ip of 1 Prnxd Heritage,Exciting Future M V M M Consent Application (2022-B-34) HSV GP Inc. CT Applicant's Consent o Sketch: LANDS TO BE RETAINED (n \ AREA.±119.73ha ^, 6� 7 % ,. Z37 (D m LA S a j SE RE®- =3 ,1 ro .. CD E � C) —s co 3 co Tawrfship of 1 Prnxd Heritage,Exciting Future (T V Consent Application (2022-B-34) HSV GP Inc. CT Applicant's Proposed o Easement: / o O N W O O W n f (D c� =3 (D c 0 n O (D CD 3 O 4 (D CO Tawrfship of I Prnxd Heritage,Exciting Future (D V Consent Application (2022-B-34) HSV GP Inc. o „ ,s - - ----- Cn O � N�r t ' c _ ,� - - wi�..� y O Looking East along Horseshoe Valley Looking West along Horseshoe CD Road West Valley Road West 3 CO Tawrfship of v Prnxd Heritage,Exciting Future (DT V Consent Application (2022-B-34) HSV GP Inc. o , Cn CD - o _ n � O Looking South along Horseshoe Proposed extension of Horseshoe N Boulevard Blvd. with an easement from Birch ° Grove Drive to the site j0A 0 TOWIt.Plllj/Of ^' Proud Heritage,Exciting Future (D V Consent Application (2022-B-34) HSV GP Inc. ub ? O I pp V ue x N CD W O O Application No.2022-8-34 TOWNSHIP OF ORO-MEDONT[ ` J Anx eAmHron eoxse.r. rr!,r/; fi 7- r-h CD W Notice sign posted4 � Tawrfshtp of �' Proud Heritage,Exciting Future (DT V Consent Application (2022-B-34) HSV GP Inc. 0 Cn i C) t, C) (D n _ O v Lands to be severed for the CD proposed mixed-use development 3 CO Tawrfship of Prnxd Heritage,Exciting Future (D V Consent Application (2022-B-34) HSV GP Inc. `I %r O fr< . s , � i a Cn N O till Ikl� �TF I1t'` { I�;�IIIfrIAS CD O Rear of the lands to be severed, along Lake HorseshoeQ- Townshi F. p of Prnxd Heritage,Exciting Future �T V Consent Application (2022-B-34) HSV GP Inc. CT Recommendation : Approve o It is recommended: 1. That Report DS2023-003 be received and adopted; Cn 2. That Consent Application 2022-B-34 by HSV GP Inc., to create a new lot for a proposed mixed-use commercial and residential o condominium development and to create an easement along Horseshoe Boulevard, from Birch Grove Drive to the new lot, for W access to the site, on the lands municipally known as 1101 Horseshoe Valley Road West, Township of Oro-Medonte, be approved o subject to the conditions as outlined in Report DS2023-003. o W 3. The conditions are as follows: n a That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the � requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland (u which will be collected per unit and will be identified as a condition of draft plan approval for the condominium application, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; m b) That the applicant apply for and obtain final approval of all necessary Minor Variances to the satisfaction of the Township of if Oro-Medonte; n c) That the applicant obtain Site Plan approval for the proposed development on the severed lands and for site works on the retained lands, and enter into a Site Plan Agreement, registered on-title, with the Township; o v — m Prmul HrrilrtRr,Esriri rr�FrePrn•r �T V Consent Application (2022-B-34) HSV GP Inc. CT Recommendation (cont'd): Approve o d) That the Applicant transfer to The Corporation of the County of Simcoe ("County"), in fee simple, free and clear of all liens and _P encumbrances, a road widening to provide a 18.0 metres right-of-way from the centre line of Horseshoe Valley Road West 3 (County Road 22)along the frontage of the retained lands, where necessary, adjacent to Horseshoe Valley Road West (County Road 22) to the County. 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 N good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be N responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to to consolidate the widening with Horseshoe Valley Road West as one Property Identifier Number to the satisfaction of the o Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including o costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. W e) That the Applicant transfer to The Corporation of the County of Simcoe ("County"), in fee simple, free and clear of all liens and encumbrances, a 10.0 metres road widening along the frontage of the retained lands, adjacent to Horseshoe Valley Road West (County Road 22), from the PIN 740530268/PIN 740530269 property line, west, to a point of 125.50 metres, enclosing an area m approximately 1255 square metres, to the County. 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 CD 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, n R.S.O. 1990, as amended, to consolidate the 10.0 metre widening with Horseshoe Valley Road West 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 o fully borne by the Applicant. (D f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That one copy of a Registered Reference Plan of the severed lands and easement be prepared by an Ontario Land Surveyor be CD submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. A draft copy of 3 the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title; cD GL Prmul Hrrildge,Esriri rr�FrePrn•r (D V Consent Application (2022-B-34) HSV GP Inc. CT Recommendation (cont'd): Approve o h) That the applicant's solicitor prepare and submit a copy of the proposed conveyances for the parcel severed and easement, 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, N j) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. o (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date c of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted o 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. v 4. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. CD CD 0 n v 0 v — c( m (D CO 3 o .�' OL (.0 Hof f 0) Prmul HrrilrtRr,Esriri rr�FrePrn•r �T V 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-002 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # February 1, 2023 Minor Variance Application 2023-A-01 Roll #: Janet Wicks and Lorraine R.M.S. File #: 4346-010-007-20910 Brouillette D13 1899 Ridge Road West Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-002 be received and adopted. 2. That Minor Variance Application 2023-A-01 by Janet Wicks and Lorraine Brouillette specifically for permission to build an addition to the existing detached accessory building (garage) with an increase in height of 5.2 metres (17.1 feet) and an increase in floor area of 483.21 square metres (5,201 .4 square feet), on lands municipally known as 1899 Ridge Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-002. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4 and Section 5.1.6, the proposed detached accessory building addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That the applicants provide the Lake Simcoe Region Conservation Authority Minor Variance application review fee; e) That the applicants submit a Planting Plan to the satisfaction of the Lake Simcoe Region Conservation Authority; f) That the applicants maintain the existing vegetative buffer along the interior side property lines, or replace with a similar vegetative buffer; and, g) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services February 1, 2023 Report No. DS2023-002 Pagel of 25 Page 119 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... 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 2.1 hectares (5.2 acres), according to MPAC records, and contains a single detached dwelling with an attached three (3) car garage, a detached accessory building (2 car garage), gazebo and tennis court. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build an addition to the existing detached accessory building (garage). The applicants are seeking relief to the following sections of Zoning By- law 97-95: Section 5.1 .4 — Maximum Height Required. Proposed: 4.5 metres 14.7 feet 5.2 metres 17.1 feet Section 5.1.6 — Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) 1st floor: 310.13 square metres (3,338.3 square feet) 2nd floor: 173.08 square metres (1 ,863.1 square feet) Total: 483.21 square metres 5,201.4 square feet The applicants' site plan, elevation drawings and floor plans are included as Schedules 3, 4 and 5 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. 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 proposed development will not impact the natural features or functions. Planning Staff is of the opinion that this application is consistent with the PPS. Development Services February 1, 2023 Report No. DS2023-002 Page 2 of 25 Page 120 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 — Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building addition 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. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as they are proposing an addition to the existing detached accessory building that is not expanding into a key natural heritage feature or a key hydrologic feature, is not expanding into any minimum vegetation protection zone associated with the Lake Simcoe shoreline and is located further from Lake Simcoe than the existing dwelling; therefore, it is not anticipated to have any adverse impact on the Lake Simcoe shoreline. The Lake Simcoe Region Conservation Authority (LSRCA) provided comments dated January 25, 2023, see Schedule 10 to this report. They indicated that "it should be demonstrated how the addition will minimize any impact on the woodlands it will encroach into, a key natural heritage feature. Encroachment into this feature can be entertained, as the proposed development would reflect an existing structure, and use, subject to 6.45-DP of the LSPP. However, further to 6.29-DP of the LSPP, any existing natural, self-sustaining vegetation to be removed from a key natural heritage feature, should be re-established, to the extent feasible. A Plantings Plan, demonstrating compensation plantings for the loss of vegetation should be prepared, and provided for review by the LSRCA. This document should be scoped, with the assistance of LSRCA staff". Development Services February 1, 2023 Report No. DS2023-002 Page 3 of 25 Page 121 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... The LSRCA is in support of the application subject to the following conditions: • That the Applicant/Owner prepare and provide a Plantings Plan, to the satisfaction of the LSRCA; and, • That the Applicant/Owner provide the LSRCA Review Fee of $525.00 for Minor Variance/Consent Applications. An LSRCA Permit is not required as the proposed development is located outside the regulated area. County Official Plan The property is designated Rural, Greenlands and Settlements in Simcoe County's Official Plan, see Schedule 6 to this report. The existing garage and proposed garage addition will be fully located within the Greenlands Designation. The Greenlands Designation seeks to protect and restore the natural character, form, function and connectivity of the natural heritage system. The Greenlands Designation permits dwellings on existing lots of record. In Planning Staff's opinion, the proposed enlargement of the existing detached accessory building is consistent with the County's Official Plan as the detached accessory building is accessory to the permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Shoreline, Rural and Rural Settlement Area in "Schedule A— Land Use" of the Township's existing Official Plan (1997), see Schedule Development Services February 1, 2023 Report No. DS2023-002 Page 4 of 25 Page 122 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... 7 of this report. The existing accessory building and proposed addition are located in the Rural Designation. The intent of the Rural Designation is: • To preserve and promote the rural character of the Township and the maintenance of the open countryside; and, • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. Permitted uses in the Rural designation include single detached dwellings and by extension accessory uses, such as detached garages. The subject lands are designated Shoreline, Greenlands and Rural Settlements in "Schedule A — Land Use" of the Township's Adopted Official Plan (2022), refer to Schedule 8 of this report. The existing accessory building and proposed addition are located in the Greenlands Designation. The Greenlands Designation permits single detached dwellings and by extension accessory uses on existing lots. In accordance with "Schedule C — Natural Heritage, Water Resources and Hazards" of the Adopted Official Plan (2022) (see Schedule 9), the subject lands contain a woodland, yet according to criteria set out in Section 2.13.6, the woodland is not deemed to be significant as it is less than 50 hectares in size. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build an addition to the existing detached accessory building, which is accessory to a permitted residential use and is not anticipated to conflict with the Official Plan's objectives to protect the natural features of the shoreline area. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential Exception 83 (SR*83) in the Township's Zoning By-law 97-95. Exception 83 permits a reduced lot frontage and is not applicable to the proposed detached accessory building addition. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1. The applicants have requested relief from the Zoning By-law to permit the construction of an addition to the existing detached accessory building with an increased maximum floor area and an increased maximum height. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. Properties that abut Lake Simcoe are permitted to have a detached accessory building in the front yard provided that it is set back a minimum distance of 7.5 metres (24.6 feet) from the front lot line in the Shoreline Residential zone. The detached accessory building is proposed to be located over 300.0 metres (984.3 feet) from the front lot line and will not be visible from the road. Section 5.1 .4 of the Zoning By-law allows a maximum height of 4.5 metres (14.7 feet) for detached accessory buildings, which is measured from average grade to mid-roof. The applicants have requested a variance to recognize the height of the existing garage which is 5.2 metres (17.1 feet) and allow the addition to be the same height. Development Services February 1, 2023 Report No. DS2023-002 Page 5 of 25 Page 123 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... A detached accessory building in the Shoreline Residential zone is permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The existing two storey detached accessory building has a floor area of 203.91 square metres (2,194.9 square feet); however, Planning Staff have no records of a Minor Variance to permit the original increase in size. The applicants are proposing to build an addition to the existing garage for a total floor area of 483.21 square metres (5,201.4 square feet). The main level is proposed to have an area of 310.13 square metres (3,338.3 square feet) and will be used as a garage, and the second floor is proposed to have an area of 173.08 square metres (1,863.1 square feet) and is proposed to be used as a workshop, storage and art studio. The proposed detached accessory building is smaller than the existing single detached dwelling which has a gross floor area of approximately 581.8 square metres (6,262.6 square feet) according to the Planning Justification Report. In Planning Staff's opinion, the accessory building's smaller size and the proposed use of the building, will help ensure that the accessory building will remain secondary and subordinate to the primary residential use. Based on the above, Planning Staff is satisfied that the proposed detached accessory building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. The subject lands are located within a row of estate shoreline residential lots that are characterized by large lot sizes, large single detached dwellings and vegetation along the lots lines to screen the buildings from view. Upon site visit, Planning Staff noted that the existing detached accessory building and proposed addition will have a minimal impact on the surrounding neighbours due to its proposed location and the vegetation throughout the lot. The addition will be located over 300.0 metres (984.3 feet) from the front lot line and will not be visible from the front lot line or from Shanty Bay Public School which is located to the north. Furthermore, it will also not be visible from Lake Simcoe due to its location in front of the dwelling. There is existing vegetation along both interior side lot lines which will help screen the accessory building from the neighbouring properties; however, a number of trees will be removed along the east interior side lot line to accommodate the addition. In order to maintain the existing character of the neighbourhood, Planning Staff recommend that as a condition of the minor variance the applicants maintain and preserve the existing vegetative buffer along the interior side lot lines, or replace with a similar vegetative buffer if destroyed during construction, to ensure that the accessory building remains screened from view from the neighbouring properties. Furthermore, the LSRCA indicated that any existing, self-sustaining vegetation that is removed, should be re- established. The LSRCA has recommended as a condition of approval that the applicants submit a Planting Plan to the satisfaction of the LSRCA that demonstrates compensation plantings for the lost vegetation. Development Services February 1, 2023 Report No. DS2023-002 Page 6 of 25 Page 124 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Due to the size of the lot, the established character and built form of this neighbourhood, the location of the accessory building and existing vegetative buffer, Planning Staff believe that the detached accessory building addition is appropriate within this context. A similar structure may not be supportable on every property within this area depending on size, location and screening from view. A number of the shoreline estate properties along this section of Ridge Road have obtained a Minor Variance to permit an oversized detached accessory building. The largest accessory building is located at 1775 Ridge Road West where the owners had obtained a variance to permit a detached accessory building with a floor area of 321 .0 square metres (3,455.3 square feet) and a height of 7.2 metres (23.6 feet) (Minor Variance 2017-A-67). Prior to issuance of a Building Permit, the owners will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval. The plan will ensure that water drainage resulting from the addition will be mitigated on the subject lands and will not impact the neighbouring lots. For these reasons, Planning Staff are of the opinion that the proposed variances are 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 Minor Variances are minor in nature as they are not anticipated to have any adverse impacts on the neighbouring properties and they will not detract from the shoreline residential character of the lot. As these variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan (1997) • Township of Oro-Medonte Adopted Official Plan (2022) Development Services February 1, 2023 Report No. DS2023-002 Page 7 of 25 Page 125 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. • Township Infrastructure and Capital Projects — No comments. • Township Building Division — No comments. Owner/applicant to be aware that a Building Permit is required for the addition to the garage. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Elevation Drawings Schedule 5: Floor Plans Schedule 6: County of Simcoe Official Plan — Land Use Schedule 7: Township Official Plan (1997) — Land Use Schedule 8: Township Adopted Official Plan 2022 — Land Use Schedule 9: Township Adopted Official Plan 2022 — Natural Heritage, Water Resources and Natural Hazards Schedule 10: Lake Simcoe Region Conservation Authority comments dated January 25, 2023 Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-01 be approved, specifically to permit construction of an addition to the existing detached accessory building with an increase in height of 5.2 metres (17.1 feet) and an increase in floor area of 483.21 .0 square metres (5,201.4 square feet), on the basis that the application meets Development Services February 1, 2023 Report No. DS2023-002 Page 8 of 25 Page 126 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, an represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andy Karaiskakis, RPP January 25, 2023 Senior Planner Derek Witlib, RPP January 26, 2023 Acting Director, Development Services Development Services February 1, 2023 Report No. DS2023-002 Page 9 of 25 Page 127 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Schedule 1: Location Map ^^WaseyRd. ^ -Meonstone-Rd. 918 Horceshoe-Valley-Rd. Old Barrie•Rd. - _ - 12 14 68 72 80�8694 William St. `ti.Rid9e �. 17 6 7 a 7 6 9 8 1093 2 14 13 16 d 15 1fi 15 1sRa'�es gt. Melis 1 14 15 22 = 21 24 W 25 24 23 7 1 Sa Cres 13 30 2 0 29 30 am 33 32 c 31 d 1120 3 5 7 9 11 fy 37 38 N 39 40 �- tn 39 2034 54 46 44 24 16 8 47 1950 Graham St. 55 53 47 41 35 27 21 7 � 63 2007 1860 73 1164 1157 6 Ridge W 1844 1832 14 1985 18D2 1963 1957 1168 y 1167 20 19 1174 C4 1931 1180 c 1179 32 ,; 25 ] 1177 to 31 1871 1184 1189 41 39 43 •L 44 o 1200 1197 0 49 47 45 ChUrCh3f 1207 60 59 11 1219 70 69 8 2 1911 1935 1811 1791 84 1227 76 Brook_Sf. 12 1927 1847 1233 3 1901 1899 54 22 9 30 3 $aY St. 101 53 31 17 5 1 25 --�� f Kempenfelt Bay Location �. Subject Lands Tatunship of Proud Heritage,Exciting Future �rJ 0 100m File Number:2023-A-01 /� I i i i Development Services February 1, 2023 Report No. DS2023-002 Page 10 of 25 Page 128 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Schedule 2: Aerial Photo —vazewaa— v 44 � 24 16 8 47 -Moonstane.Rd: ' 55 eo a:nne.van�y.na� a`� tY G om.a�3�ie.Ra�rr 41 35 27 21 7 64 Q. 63 73 2E 1844 1832 wo Ridgg 1822 1812 1802 1957 � 1871 1911 1935 1811 1791' 1847 ` 12 192, 1899' 1901 u• ^ s' rAA, s Aerial Photo Township a_f��"E,��� ® Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2023-A-01 Development Services February 1, 2023 Report No. DS2023-002 Page 11 of 25 Page 129 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re'... Schedule 3: Applicants' Site Plan L F E. i. I T F I T t I E -r T �1 F T -1 F - _ T -i F I I I i y 1MEhM i 'p�I {`F I p I YP Applicant'sSite Play Te,uarsN f"rnud Heri� r,£xretilr Fururr File hlUMIDer:2023•A•01 Development Services February 1, 2023 Report No. DS2023-002 Page 12 of 25 Page 130 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Applicants' Site Plan (Continued) r T T i I ' 1 I T p I S T iT r I a r 46*.+:.1 -------------- =r----------- 4� I T' R[]l 0 ST i r _ I;yp,I;A7 , STORAGE SPACE 44. a� "P, # _ a Applicant's Site Plan Tnrarrsh�� Ptma?Hera'pav,LxrFtrnk Foam File Numbpre 2023•A•01 Development Services February 1, 2023 Report No. DS2023-002 Page 13 of 25 Page 131 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Elevation Drawings West Elevation: _ ,jk_ .� I mar:�— I __ - _Y_`• — 'r' --_ —_ — East Elevation: _'- - WELAM �y Elevation Drawings 'Ta kiu Ftwri Heri�apr,L'.,.'rtrnp Fururt File Number:202:3-A 01 Development Services February 1, 2023 Report No. DS2023-002 Page 14 of 25 Page 132 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Elevation Drawings (Continued) North Elevation: + 77 Alf ` ______ _____ _______________ __.______-______ d ff — i -�-------- ----- ----- South Elevation: t MrMT - 0e Elevation Drawings Tnunrsfraftof FI o N Ljmber:2023•A.01 Development Services February 1, 2023 Report No. DS2023-002 Page 15 of 25 Page 133 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re'... Schedule 5: Floor Plans Main Level. - - +`la -w t k .2 G _ d.-+ - v•n_-_ .'Bari Floor Plan owns rip �- Pf"41 HeMapr,[xrrrbli?Fwfurc 1-i"e Number:2023-A-01 Development Services February 1, 2023 Report No. DS2023-002 Page 16 of 25 Page 134 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Schedule 5: Floor Plans (Continued) Second Floor: + 'T+ _ 1 y � . x ! _ �v � { • a.:.�Ate' J. I r i I i I Floor Plea ' TL�unrsfr�yuut ��- Pt&jr�Heriwe,Exrerrnk Fwo, Mile Number:2023•A•01 Development Services February 1, 2023 Report No. DS2023-002 Page 17 of 25 Page 135 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Schedule 6: County of Simcoe Official Plan — Land Use —V-W-Rd. William St. H°rseshae-valley�Rd. OId.Barr—Rd�— C � tG N u �Rid9e�0.°ad � y (,1 O 0r C C7 iq a rn Graham St. Ridge c _ - v n O Brook St. Bay St. County of Simcoe — Land Use Subject Lands Agricultural Greenlands settlements -Rural 0 T'I� °fin-f Proud Heritage,Exciting Fnture 0 300 M File Number:2023-A-01 'V I I I I Development Services February 1, 2023 Report No. DS2023-002 Page 18 of 25 Page 136 of 197 l 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Schedule 7: Township Official Plan (1997) — Land Use -- — - -Moonstone R/d.*� - / William St, Horseshoe-Valley-Rd. - old-Barri,Rd� - -- �Ridg rRead - f6 N GJ L) o C7 to c Graham St. --- - - ----Ridge Rd., v 0 Brook St. — - - aY ------ ------- Township Official Plan - Land Use _ =3 Subject Lands Rural -Rural Settlement Area Township of � 0 Shoreline Prom d Heritage,Exciting Future 0 300 m File Number:2023-A-01 I I l Development Services February 1, 2023 Report No. DS2023-002 Page 19 of 25 Page 137 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Schedule 8: Township Adopted Official Plan 2022 — Land Use -Moonst°ite Rd.- s 1` Horseshoe-Y°Iley-Rd William St. ofdearne.Rd� Q) a fires. 3 a� o a� C7 in a Graham St. Ridgel?d.yU rn C G7 n O Brook St. say St. Updated Township Official Plan Land Use J M Subject Lands Agricultural Rural Settlements I _a Greenlands Shoreline Toumshi. .- Rural Proud Heritage,Exciting Future 0 300 m File Number:2023-A-01 Development Services February 1, 2023 Report No. DS2023-002 Page 20 of 25 Page 138 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re'... Schedule 9: Township Adopted Official Plan 2022 — Natural Heritage, Water Resources and Natural Hazards —VascyRd.— _ _Moa Rde�. I� 13 �I HorseshceValleyRa� y C � O Graham 5t. rn �Rldg�afl d} I -- Rid9e_Rd,W. c d n O ~� I LBrook 5t. BaY St. Kempenfelt Bay Township Adopted Official Plan (2022) - Natural Heritage, Water Resources and Natural Hazards �y CA Subject Lards Woodlands " Toumsfrip o} Treed Proud Heritage,Exciting Future 0 300 M File Number:2022-A-01 'IV I I I I Development Services February 1, 2023 Report No. DS2023-002 Page 21 of 25 Page 139 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Schedule 10: Lake Simcoe Region Conservation Authority comments dated January 25, 2023 Lake Simcoe Region - conservation authority www.LSRi=A.on.ea Sent via a-rnaiI to:p Ian ning{@oro-nredonte.ca January25, 2023 Municipal File:2023-h-01 LSRCA Fi le No.:VA-12 3515 Andy Karaiskak€is,Secretary-Treasurer, Committee of Adjustment Township of Ora-Medonte 148 Line 7South Oro-Medonte,ON LOL 2E0 Dear Mr_Karaiskakis: Re: Minor Variance Application Applicants/Owners,Janet Wicksand Lorraine Brouillette 1999 Ridge Road West,Oro-Medonte Thank you forcircu lating the captioned application to the Lake Simcoe Region ConservationAuthority(LSRCA) for review and comment.Itis our u nd e rsta nding that the App licants have made an application for Minor Variance,to facilitate the proposed addition to an existing detached accessory building(garage).The Applicants are seeking relief tothe following sections of Township Zoning By-law 97-95: Section 5.1.4—Maxirrurr Height Required: Proposed_ 4.5 rr (14.7 ft) 5.2 m(17.1 ft) Section 5.1.6 Required: Proposed: 70 sq.m.(753.5 sq.ft_) V Floor-310.13 sq_m_(3,33&3 sq-ft) 2"' Floor-173.08 sq-m-(1,8B_1 sq-ft-) Totalling 483.21 sq_m_(5,201-1 sq-ft) Documents Received and Reviewed by Staff Staff have received and rev ie wed thefollowingdocument}submittedwiththisapplication_ • Notice of Public Heahng(dated Jan.13171, 2023) • Site Plan,and Detailed L7rawft Staff has reviewed this application as perour delegated responsiblty from the Province of Ontario to represent provincial interests regarding natural hazards identified in Section3.1 of the Provincial Policy Statement,2020 120 Bayuiew Parkway T 905.895.1281 Newmarket, Ontario L-3Y 3 3 F 905,853.5881 Member of Conservation Ontari:5 TF 1.800.4,65.0437 Development Services February 1, 2023 Report No. DS2023-002 Page 22 of 25 Page 140 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... La ke Simcoe Region :nsar;a7inn authori-y Rage 2 of 4 (PPS) and as a regulatory authority underOntario Regulation 179/06 ofthe Conservation Authorities Act. The LSRCA has also provided comments as pe rourMemorandum of U nder,,tan d in g(MOU)with the To^.vnshipof Oro- Medonte.The application has also been reviewed through our role as public body underthe Pianning Act as per our Conse rvatfon Authority(CA)Board approved policies. fkecornmendation Saved on our review of the submitted information, in support of the appBcationr we recommend that any approval of this application be subject to the followingcond itions= a Thatthe ApplicantlOwner prepare and provide a Plantings Plan,to thesatisfaction ofthe LSRCA-,and + That the Applicant/owner provide the LSRCA Review Fee of 25-00 for Minor Variance/Consent Applications(Minor—Planner Review Only). Site Characteristics The sub'j ect properties do contain regulated area,as per Ontarf o Regulation 179�/06 of the Cnnsenrrr6on AuthorttesAct.Existing mapping indicates: • Sh ore lin e Hazard Are a ShorelM Kward Area Mappin®-1001t"RDM We3L r..b— I.iYe.3nme RrMlas . OrO,Mr}d0151e � L51M`Jk llah+'aRM 0aais7 LWP rW,lb m.d. �, _ p �ar.�amr.-vmcseao �� _ ^;ram. �', rtr�o-rorerscra ^` r.p p • R9181�11 P d _erg hears r.n.w.rn coo — hatu"Um R� „— ,t YIAq Fri k , PAW • �Ttr L&..W *V k. lmam= ws YW 5:].Y MY�r Ii M E MMI Development Services February 1, 2023 Report No. DS2023-002 Page 23 of 25 Page 141 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Lake Simcoe Region canser;a.ion authori.y Page 3 of 4 Del egetedResponsibiIityarnd5tatutory Comments,. 1- LSRCA has reviewed the applications through ourdelegatedresponsibilityfrom the Provincetorepresent provincial interests regarding natural hazards identified in Section 3-1 of the Provincial Policy Statement, 2020(PPS)- The proposal has demonstrated conformitywith Section 3-1 of the PPS- 2- LSRCA has reviewedthe applications as per our responsibilities as a regulatory auth or"underOntario Regulation 1MO6- This regulation,made under Section 28 of the Conservation AuthoritiesAct,enables conservation authorities to regulate development in or adjacentto river or stream valleys,Great Lakes and inland lake shorelines,watercourses,hazardous lands,and wetlands.Developmenttakingplace on these lands may require permission from the conservation authority to confirm that the cantro I of flooding,erosion,dynarric beaches, pollution,or the conservation of land are not affected.LSRCA also regulatesthe alteration to or interference in anyway with a watercourse orwetland- The subject property contains regulated area, as per Ontario Regulation 179J06 of the conservation AutharitlesAct.LSRCA Permit is not requiredforthe proposed developrnent,as 7twould not locate within the regulated area- Advisory Comments: 3_ The LSRCA has reviewed this application through our responsibilities as a service provider to the Township of Oro-Medonte,in that we provide through an MOU,as well asthrough our role as a public body,pursuantto the PlanningAet. LakeSirnoneNote[tion Plan ILSPP) Furtherto Chapter 6 of the LSPP,it should be demonstrated howthe addition will minimize any impact on the woodlands it will encroach into,a key natural heritage feature.Encroachment into this feature can be entertained,as the proposed developrrentwoukl reflect an existing structure, and use,subjett to 6-45-DP of the LSPP- However,further to 6.29-13P of the LSPP, any existing natural, self-sustainiig vegetation to be removed from akey natural heritage feature,should be re-established,to the extent feasible-A4 Plantings Plan, demonstrating compensation plantings forthe loss of vegetation should be prepared,and provided for reviewby the LSRCA-This document should bescoped,with the assistance of LSRCA staff- Summary Based on our review of the submitted information, in support of the application, we recommend that any approval of this application be subjectto the f ollowing conditions: • ThattheApplicant}OwnerprepareandprovideaPlantingsPlan,tothesatisfactionoftheLSRCA;and • That the Applicantlowner provide the LSRCA Review Fee of $525.00 for Minor Variance/Consent Applications(Minor—Planner Review Only). Should youhave any g Lie stionsconcerning these comments,pleasedo not hesitate to contact the undersigned (I.munnoch@6rca-on-ca)ref erencingthe above file numbers in any correspondence.Please advise ouroffice of any decisions regarding this matter. Development Services February 1, 2023 Report No. DS2023-002 Page 24 of 25 Page 142 of 197 6.c) 6.20 p.m. DS2023-002, Catherine McCarroll, Intermediate Planner re:... Lake Sirnwe Region ..n�?-~,,7-i:n MUThO-i--' Page 4 =f Sincerely, � � r Liam Munnoch,Plannerl,LSRCA cc: Andy Karaiskakis,5ecretary-Treasurer,Committee ofAdjustment,Ora-Medonte Development Services February 1, 2023 Report No. DS2023-002 Page 25 of 25 Page 143 of 197 Minor Variance Application (2023-A-01 ) Wicks & Brouillette Location : 1899 Ridge Road West Rd'kPs j- N s� � � o \ Zoning: Shoreline Residential J i� J� rar3h�m r r-- --- Cn Exception 83 (SR*83) � g N J N w I� Chvrh_gt CD IV Official Plan : Shoreline, Rural and Po� Rural Settlement Area CD Current Use: Residential C n C) ®subw and 0 CD OCD � Tawrxship of � Prnxd Heritage,Excilinx Future (T V Minor Variance Application (2023-A-01 ) Wicks & Brouillette Purpose: The applicants are proposing to build an addition to the existing CD detached accessory building (garage). The applicants are seeking relief to the 3 following sections of Zoning By-law 97-95, as amended: N Section 5.1 .4 — Maximum Height C) N W Required: Proposed: o 4.5 metres (14.7 feet) 5.2 metres (17.1 feet) N n v Section 5.1 .6 — Maximum Floor Area cu Required: Proposed: cu 70.0 square metres (753.5 square feet) 1 st floor: if 310.13 square metres (3,338.3 square feet) 0 2nd floor: 173.08 square metres (1 ,863.1 square feet) o_ Total: 483.21 square metres (5,201 .4 square feet) o OL co Hof f �. 14 Prmul Hrrildge,Esriri rr�FrePrn•r (T V Minor Variance Application (2023-A-01 ) Wicks & Brouillette E Aerial Photo: IV M °° 4 6 e a ,., o....no.mi.r u c 63 A q e� um 7 64 fn 1869 _i2o;Ria 1a3z ,Szz (n se,/�a..f1y9 1a12 1802 N 9S7 19a, ,A N � W 1 1 B'71 i O C) N n (D 19„ 1935 1811 179, CD 16A'7 92, if1899 901 0^ _ l J v � 0 ,A (D =3 ,-I- � ,-I- (D rn ems.- 4 OL Taumship of 14 ,--r Prnxd Heritage,Exciting Future (D V Minor Variance Application (2023-A-01 ) Wicks & Brouillette A/R°Existing Zoning: N 0 x,rwew,vaneyx R1 William St. a , we R1 Melissa Cres, 1 d `a N LC 1 I os Graham St. 1 "` N R1-155 .. Ritlge kA, Rl C , rTf =r�3 C (D 1 CD AJRU RU if l J Brook St. r1 SR"SS l J Subject Lands R1 BaY St. O c�/� R1 (Residential One) EP (Environmental Protection) lV 5R SR SR-16 SR (Shoreline Residential) DS (Open Space) 4 LC(Local Commercial) I (Institutional) 3 o ^ A/RU (Agricultural/Rural) �4 y C Township of 14 ,--r Proxd Heritage,Exciting Future (T V Minor Variance Application (2023-A-01 ) Wicks & Brouillette Township Official Plan (1997) - � - CD N Land Use: m°w W"iia�5t. 3 Cn ° Z d C7' N n N m N Graham St. W Ridge Rd. N^ l ) N h m 'C a C CD if Brook St. 0 l J =3 Subject Lands Sayst. — ---- O Rural m Rural Settlement Area m Co Shoreline D Cfl Tawrtsltip of Prnxd Heritage,Exciting Future (T V Minor Variance Application (2023-A-01 ) Wicks & Brouillette Adopted Township Official Plan CD Land Use: Zw„�a, William St. aCr b w m VJ es, 3 m G v U' y Q N y O N Graham St. did O O Ridge Rd. l J h fN c d O �. CD Brook St. Wl Subject Lands O Agricultural Rural Settlements � Greenlands Shoreline cu o Rural CO ]Towxship of 14 Prnxd Heritage,Exciting Future (T V Minor Variance Application (2023-A-01 ) Wicks & Brouillette Adopted Township Official Plan MPo.6®w° CD N Natural Heritage Water m N Resources & Natural Hazards: 3 Graham3t. N o a . Cn Ridge Rtl.W. - O N W N 1 d a C) b N n Brook St. � CD Ba St. C if 0 l J Kempenfelt 0 Subject Lands Bay m Woodlands CD 0 CD 0+1 Treed Co Talvnship of IJ ,--r Proxd Heritage,Exciting Future (T V Minor Variance Application (2023-A-01 ) Wicks & Brouillette Id— County of Simcoe Official Plan ooJ� William St. O Land Use: a O Graham st. N W I O Ridge Rtl,yy. m m� O `✓ mmZ lV Brook St. n^ l J Subject Lane gays[ o m Agricultural Greenlands E Settlements - Rural 3 o 0 Proud Herilqu,Exririrty Fiewre Minor Variance Application (2023-A-01 ) Wicks & Brouillette PLAN OF SURVEY SHOWING I._: :;APHIC FEATURES OF PART OF LOTS 27 AND 28 CONCESSION 3 (GEOGRAPHIC TOWNSHIP OF We) TOWNSHIP OF ORO—VEDONTE COUNTY OF SIMCOE T Applicant's Site Plan: • N , o _ o N 0 CD N MOM Proposed addition � Y to the existing (D detached accessory building (D (garage). if 0 aD (D Cn _ (D N _ 3 0 _ Taumhip ofco Prnxd Heritage,Exciting Future (D V Minor Variance Application (2023-A-01 ) Wicks & Brouillette 23°tom I �� 2}3&3 23}89M1 l2 .]5�'?�• ��G}x T T 3 \�/ S _5 231.5 d�P 27 TA Applicant's Site Plan■ 231 7 R[iM L 2 23 0 I np, t t 9P 295R4 O 32- .}20 232 T9 _ Sly'a32.45J.'ten. O MERE ME FENCE` 4ARD 3 JJ 0 x(232 TS 87 2 23268 ,25z:fry `cr 2 w T, ,hs N - 232 u 23�� 23259 232. }2�' O 1E1NI5 COUP L h ____�. _ +�a5.P2ffT1R�5l8•aE4f. ______ ____I O EMT, 5 ETAC ... •a 213 MERE MESH FE14GE $ �.eca•nx f11 .I PLEMENT YlJ , p GEWf2ND, h .t5 EV T d GE GE: CD IM �• F3 z9t. 'i.51 ? m lV • 23t.. ti _ / a oJl 23t 5 tip' vE-T h n o � 517E BENCNM/RN 230 5 �n � T0�Q`BENCH nE m O AN EEEva nBry of asl.ar � a �?g z 6 k m 2 22)aF noT �Yr'lV44 CD 2 CF O 22n.5 229 S 53 � fl62 Cfl Tawrfship of OL Prnxd Heritage,Exciting Future (T V Minor Variance Application (2023-A-01 ) Wicks & Brouillette Applicant's Elevation Drawings: o 3 0 U) N West Elevation: East Elevation: p • + + 4 W O -sa• sa N 41 ==3@L 0 MIMI r _ .r�•r -—= CD =. . -- -- #� ; -�oY =_ - _ _ _ - Jar n v 0 v — m � m o � CO Tawrxship of �' Prnxd Heritage,Exciting Future �T V Minor Variance Application (2023-A-01 ) Wicks & Brouillette Applicant's Elevation Drawings (cont'd): o 3 0 U) North Elevation: South Elevation_ N O N W z�_ •sir• _ ----= —_ - - --- -- - —� O (D Lam- - - - • 00 TJ L= �. pp __---------__aa — CD R—17 — ..-.-.. - •. ... . . +. ——— y l J 0 CD CID C� O CID CO , Q Tawrxship of �' 14 ,--r Prnxd Heritage,Excilinx Future (T V Minor Variance Application (2023-A-01 ) Wicks & Brouillette Applicant's Floor Plans: o Main Level: Second Floor: P Cn CD o w ggG __ - .•1-�'d4 - I - �F 1 . 1 I CD �C — „ 1 s 1U. (7 --`---_ T --------__- ... O _ r-h CD 0 ter ` OL Cfl Talvnship of 14 ,--r Prnxd Heritage,Exrilirrx Future (T V Minor Variance Application (2023-A-01 ) Wicks & Brouillette y K } O O - r (D O v `(D Looking East along Ridge Road West Looking West along Ridge Road West Cn 0 CD Township 14 ,--r Proud Heritage,Exciting Future (D V Minor Variance ' • • • 1 ' 1 • - - • • • • 1 CD ` Ir • s, CD CD CO Notice signposted Minor Variance Application (2023-A-01 ) Wicks & Brouillette 0 Cn .. � ` r - CD CD \ 0 `(D Attached 3 car garage Existing single detached dwelling CO CD CO Tawrxship of �' Prnxd Heritage,Exciting Future (T V Minor Variance Application (2023-A-01 ) Wicks & Brouillette (D : di N k77-7777-7. In a --- (D CD O v — `(D Existing detached accessory building CD CD CO Tawrxship of �' 14 ,--r Prnxd Heritage,Exciting Future (D V U. • Z"i a - Aix eti tit 9i��`�� X7. t 'r `b Ff��'' � • a�ffi �kO�^ P4n �'�'i � '�r'k • 4 f of �y�i �io pitr • / [ v tir �� �rii s s • '- qe . f z a r J i ,;¢ } ♦ Y �� of i iAl� An MAP � •y� r u-��i —.. � r �6-� lie r { _ y ai Y � i Ik Mily 'tina4 5g c .kz 'Si"Et +' "rh. Yty "Ailter. TTM _ ram^ irk 7' • 1 Minor Variance Application (2023-A-01 ) Wicks & Brouillette Recommendation : Approve o It is recommended: 3 1. That Report No. DS2023-002 be received and adopted. Cn 2. That Minor Variance Application 2023-A-01 by Janet Wicks and Lorraine Brouillette specifically for permission to build an addition N to the existing detached accessory building (garage)with an increase in height of 5.2 metres (17.1 feet) and an increase in floor N area of 483.21 square metres (5,201.4 square feet), on lands municipally known as 1899 Ridge Road West, Township of Oro- GJ Medonte, be approved subject to the conditions as outlined in Report DS2023-002. o 0 N 3. The conditions are as follows: n a) That notwithstanding Section 5.1.4 and Section 5.1.6, the proposed detached accessory building addition shall otherwise comply with all other applicable provisions of the Zoning By-law; CD b) That the proposed detached accessory building addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; CD d) That the applicants provide the Lake Simcoe Region Conservation Authority Minor Variance application review fee; if e) That the applicants submit a Planting Plan to the satisfaction of the Lake Simcoe Region Conservation Authority; n f) That the applicants maintain the existing vegetative buffer along the interior side property lines, or replace with a similar vegetative buffer; and, g) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township — cn only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P.CD — 13. rn CD 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's , 3 o �p signature. y; OL co 14 O,of �_�f Prmul Hrrildge,Esriri rr�FrePrn•r (T V 6.d) 6.30 p.m. DS2023-005, Danielle Waters, Planner re: Minor Variance A... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-005 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # February 1, 2023 Minor Variance Application 2023-A-02 Roll #: David and Haley Valiquette R.M.S. File #: 4346-010-002-06720 198 Line 3 North D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-005 be received and adopted. 2. That Minor Variance Application 2023-A-02 by David and Haley Valiquette specifically to permit an accessory apartment unit with a shared egress (access) with the main dwelling on lands municipally known as 198 Line 3 North, be approved, subject to the conditions as outlined in Report DS2023-005. 3. The conditions are as follows: a) That notwithstanding Section 5.4 d), the accessory apartment unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed accessory apartment unit be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority (NVCA) Permit, Building Permit and Septic Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services February 1, 2023 Report No. DS2023-005 Page 1 of 11 Page 165 of 197 6.d) 6.30 p.m. DS2023-005, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has an area of 0.83 hectares (2.0 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling. The applicants are proposing to renovate the existing dwelling to create an apartment dwelling unit and are seeking relief to the following section of Zoning By-law 97-95: Section 5.4 d —Apartment Dwelling Units Required: Proposed: the apartment dwelling unit has a means of Apartment to utilize a shared entrance with egress to the outside that is separate from the main dwelling unit any means of egress for another dwelling unit The applicant's site plan and elevation drawing are included as Schedule 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, 2.1 — Natural Heritage, 2.2 — Water, and 1.4 — Housing, are applicable to this application. Rural Areas are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1 (Natural Heritage) and 2.2 (Water) are applicable to this application due to the environmental protection zone around a watercourse on the property. The dwelling structure itself was previously subject to a minor variance, and has received permits to be constructed from NVCA (permit #2019-10816). The proposed accessory unit is to be an interior renovation to the existing dwelling. Planning Staff do not believe a Natural Heritage Evaluation will add additional information for the decision-making process. NVCA has been circulated this minor variance application for comment. At the time of writing this report, no comments have been received. Committee shall have regard to any comments received. Condition c) to this report requires an NVCA permit should it be required. Development Services February 1, 2023 Report No. DS2023-005 Page 2 of 11 Page 166 of 197 6.d) 6.30 p.m. DS2023-005, Danielle Waters, Planner re: Minor Variance A... Section 1 .4 (Housing) requires municipalities to provide an appropriate range and mix of housing options and densities. New housing is to be directed to locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs. Encouraged are development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use of the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.1 supports the achievement of complete communities that feature, among other items, a mixture of land uses, provision of a diverse range and mix of housing options, and a compact built form. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is an existing rural residential lot. Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is applicable to this application due to the environmental protection zone around a watercourse on the property. The dwelling structure itself was previously subject to a minor variance which was approved for a reduced setback from the Environmental Protection Zone (Minor Variance File No. 2019-A-08) and has received permits from the NVCA (permit #2019-10816) for the dwelling construction. The proposed accessory unit is to be an interior renovation to the existing dwelling. Planning Staff do not believe a Natural Heritage Evaluation will add additional information for the decision-making process. NVCA has been circulated this minor variance application for comment. At the time of writing this report, no comments have been received. Committee shall have regard to any comments received. Condition c) to this report requires an NVCA permit should it be required. Planning Staff is of the opinion that this application conforms with the policies of the A Place to Grow, 2020. County Official Plan The property is designated Agricultural in the County of Simcoe's Official Plan. The intent of the Agricultural designation is to "protect the resource of prime agricultural lands and prime agricultural areas, while recognizing the inter-relationship with natural heritage features and areas and ecological functions" (County of Simcoe, 2016). The Section 3.6.10 speaks to the location of development, should it occur within the Development Services February 1, 2023 Report No. DS2023-005 Page 3 of 11 Page 167 of 197 6.d) 6.30 p.m. DS2023-005, Danielle Waters, Planner re: Minor Variance A... Agricultural designation, that development "be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system" (County of Simcoe, 2016). The proposed accessory apartment will be created within an existing structure. Section 3.5.30 speaks to the policies in the Plan that a range of types of housing be provided within the County. This includes apartment units and a mix of affordable housing. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. In Planning Staff's opinion, the minor variance application conforms to the general intent and purpose of the County's Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Agricultural in the Township's current and adopted Official Plan. Pursuant to the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings and by extension accessory uses to the residential use. 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 Official Plan. Development Services February 1, 2023 Report No. DS2023-005 Page 4 of 11 Page 168 of 197 6.d) 6.30 p.m. DS2023-005, Danielle Waters, Planner re: Minor Variance A... Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU), Rural Residential Two (RUR2) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. The existing dwelling is located in the A/RU zone. Single detached dwelling additions and by extension accessory uses to the residential use are permitted in the Zone. Section 5.4 of the Zoning By-law permits an apartment dwelling unit accessory to a single detached dwelling in the A/RU Zone. The primary purpose of an accessory apartment requiring a separate means of egress to the main dwelling unit is to ensure separation and privacy of the two units. The proposed apartment will be utilizing an entrance through the garage which is part of the main dwelling unit. Planning Staff are satisfied that the proposed entrance maintains an adequate level of privacy for both units and encourages mixed housing within the Township. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? The proposed development is an interior renovation of an existing dwelling, therefore no changes to the appearance from the outside will be made. Upon site visit, Staff has identified that the proposed single detached dwelling is visible from the road, and has sufficient parking space to accommodate two dwelling units on the property. Adding an accessory unit within an existing dwelling is appropriate development. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the accessory apartment is not anticipated to have an adverse impact on the neighbourhood. The proposed variance will keep the existing driveway and only renovations on the interior of the building. 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 February 1, 2023 Report No. DS2023-005 Page 5 of 11 Page 169 of 197 6.d) 6.30 p.m. DS2023-005, Danielle Waters, Planner re: Minor Variance A... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended. Corporate Strategic Goals: In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection • Township Infrastructure and Capital Projects — No comments • Township Building Department o Design to comply with 9.10.9. Fire Separations Between Rooms and Spaces Within Buildings in the Ontario Building Code. o The suite shall conform to section 9.9 Means of Egress in the Ontario Building Code. o Septic Verification OR Septic System permit will be required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Elevation Development Services February 1, 2023 Report No. DS2023-005 Page 6 of 11 Page 170 of 197 6.d) 6.30 p.m. DS2023-005, Danielle Waters, Planner re: Minor Variance A... Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-02 be approved, specifically, to permit the renovation of an existing dwelling to include an accessory apartment unit with a shared egress (access) with the main dwelling on lands municipally known as 198 Line 3 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: Andy Karaiskakis, Senior Planner January 25, 2023 Derek Witlib, Acting Director, Development Services January 25, 2023 Development Services February 1, 2023 Report No. DS2023-005 Page 7 of 11 Page 171 of 197 6.d) 6.30 p.m. DS2023-005, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map ---VaseyRd,— -M.—ne�Rd. 77 �0 52 257 Herceshoe-Palley-Rd. Old•Bame•Rd. N li 1Rid9e_+Auad ..; 00198 207 171 z M 166 c J 74 77E67 1766 1936 Location ® Subject Lands Township of Proud Heritage,Exciting Future 0 loom File Number:2023-A-02 Development Services February 1, 2023 Report No. DS2023-005 Page 8 of 11 Page 172 of 197 6.d) 6.30 p.m. DS2023-005, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo —YasewAd,— 't Hoeshoe.Yallcy.Rd� � >� . _ 10 `�RId9e�0. 252 0098 y � 207 d. I. 166 171 Aerial Photo 0 Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2023-A-02 Il i�l� Development Services February 1, 2023 Report No. DS2023-005 Page 9 of 11 Page 173 of 197 6.d) 6.30 p.m. DS2023-005, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants Proposed Site Plan l �:wwEEEEavm PART OF LOT 20 92CPE rrsoPEair irssrxuen —� ' �l 9MYr.WAY —— — — —— J J x7e�eoe� .w.,._._ L O'T 2 D � wrrece Applicant's Proposed Site Plan 0 T, h f Proud Haita,'e,Exciting F"m" File Wmhber•2023-A-02 Development Services February 1, 2023 Report No. DS2023-005 Page 10 of 11 Page 174 of 197 6.d) 6.30 p.m. DS2023-005, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicants Elevation LM — --------- ------ ------------ - ------- � --- ---- -- ------------- - -- -- L --------- MEW - ---- - -- - . : ....::::::::::::::::.::.:::.::::: ®-. ---- __----__--__ - __ _-��- - --- saah alertlon r I I I I � I r I r � r i ...a. _._ . . _._.!__._.__._._._ ------- — ________ _ — ;— ---- -- -- - ------ ®® i ®® t _ - --- -- ---- —. - ------ ------------ I.---- — ._._._._._._._._.._._._._-- ---,_._.�._-- �"_-- � --------------------- -- ----=--_�i Applicant's Proposed Elevation P p P Township of Proud Heritage,Exriting Future File NPmOer:2023-A-02 Development Services February 1, 2023 Report No. DS2023-005 Page 11 of 11 Page 175 of 197 Minor Variance Application (2023-A-02) Valiquette Location : 198 Line 3 North w 0 Zoning: Agricultural Rural (A/RU) & i - Cn Environmental Protection (EP) _N_ N w Official Plan : Agricultural 0 Current Use: Residential TTI I N �✓ N C 'i ®Subject Lard: 1 O 4�� Cfl Tauiuhip of � �. Prnxd Heritage,Exciting Future S n D Minor Variance Application (2023-A-02) Valiquette Purpose: The applicants are proposing to construct an apartment within an o existing single detached dwelling . The applicants are seeking relief to the 3 following section of Zoning By-law 97-95, as amended: Cn N (D Section 5.4 d) — Apartment Dwelling Units w Required: Proposed: CD the apartment dwelling unit has a means of Apartment to utilize a shared entrance with o egress to the outside that is separate from the main dwelling unit any means of egress for another dwelling m unit m v cu S v v Z3 m o Prnird HrrilrtRr,E�riri rr�FrePrn•r � n D Minor Variance Application (2023-A-02) Valiquette Aerial Photo: - o Cn O _ N z GJ oaks ,y � m zo7 p ti C 166 171 00 O Township of � Z. Proud Heritage,Exciting Future O n D Minor Variance Application (2023-A-02) Valiquette Existing Zoning: A,RR W 0 RUR2 `^ V J AIRU x, C) E O RUR2 O' ) R V 1 Z M RUR3 1 J YlJ C. Subject Land I aLI EP Floodplain FP(H) (Floodplain Overlay-Holding) A/RU Cf RUR2 (Rural Residential Two) ° RDR2 IR (Rural Industrial) w ED (Economic Development) f° m - 4�/� A/RU [Agricultural/Rural) » - - (.0 !+/RUCD o EP (Environmental Protection) — � � Township oj~4 � CO ,�,, 0 Lr��Prr`and Heritage,Excili Rx Future O 0 D Minor Variance Application (2023-A-02) Valiquette Township Official Plan CD w Land Use: oµ "° 3 Cn N O N W O O Lt C J �S lV �F mm Subject Lands Environmental Protection Two Z3 Agricultural 00 —S o - Industrial CD Co Townshily of Proud Hrrilqu,Exciting Future n D Minor Variance Application (2023-A-02) Valiquette Adopted Township Official Plan W � o Land User N O N W O F � M _G J C lV S VT/ v Subject Lands m Z3 m 00 Agricultural Greenlands 4 _� � Tawrfship of~� � Co , , Prnxd Heritage,Exciting Future O n D Minor Variance Application (2023-A-02) Valiquette County of Simcoe Official Plan -VaSeP o Land Use: ®ceu N O N W O O z w 'J �S lV V/ Subject Lands v Agricultural m co Greenlands --I 0 Cfl Tawrfship of 14 0. Prnxd Heritage,Exciting Future O n D Minor Variance Application (2023-A-02) Valiquette Applicant's Site Plan: o ------ ----------------------------------------; Cn N 1 , O ' N, 1 W ' O iI , I , 1 1 �"""0'`A'9fMN PART OF LOT 20 I Y IIIGRCIRlIf � �•—{•-+• OWHER TO ET/SUN! Y lV A�EPT!.B1E pRAIHq E Y I p.cM SWMEEP E �V P EPZOIE vWnFALv W5i/glE4 r�� Y ^r. = C (�D �imu to$av - _ _ _ gngWWIEWPr y -- - - -- Sw I ,• Y Yw 1 ——--- -, .P.... � _--- �— ��__ CD CA) MIND �:.. LOT 2 0 CEO Tawrfship of 14 �. Prpxd Heritage,Exciting Future O n D Minor Variance Application (2023-A-02) Valiquette Applicant's Elevation Drawings: o Cn :_.=,•s O �, N _ W m ______ _ ————————'— ——— ---- .-.-.-._.-._-'--- �- --'--'--.--- -___ 707 ---------------- --- ---- - - --------------- - ` ___-------------- --._-•-•-`_----------------- Smadh — (D m f 1 I C 1 ! --- •---•--' Z3 (p _.__�------ — — —— —— _ ! CD ° 1 _.__._._._._._.___.__.�_ _._.,r6mL.�.�.�s.�_.�.�i_.� ._.-����J�.e_� • • ._----.-- J ! m ^t�,� 1J Y ,v O N 1 Cfl Tawrfship of 14 0. Prnxd Heritage,Exciting Future O n D Minor Variance Application (2023-A-02) Valiquette O V • N O W O O 71 _ , -, - V (T V 0 Looking North on Line 3 Looking South on Line 3 Township of Z. OPrnxd Heritage,Exciting Future n D Minor - ' • • • 1 ' 12) Valiquette k -yr Y �, i /ys .�� }�y • CD Cn CD CD CD �• Notice • posted • CO ' 0 Minor Variance Application (2023-A-02) Valiquette w 0 Cn - S�6 4 t Q fi N CD Y O k ` C �S r-h (T V (D CD CO 0 Existing dwelling CO Tawrfship of Ij 0. Prnxd Heritage,Exciting Future O 0 D Minor Variance Application (2023-A-02) Valiquette w O o � N j O - - - O (D (D (A CDCD CO CO Existing garage for apartment 4 �g � Tawrfship of~� � Prnxd Heritage,Exciting Future O 0 D Minor Variance Application (2023-A-02) Valiquette Recommendation : Approve o It is recommended: 1. That Report No. DS2023-005 be received and adopted. N 2. That Minor Variance Application 2023-A-02 by David and Haley Valiquette specifically to permit an accessory apartment unit with N a shared egress (access) with the main dwelling on lands municipally known as 198 Line 3 North, be approved, subject to the W conditions as outlined in Report DS2023-005. o 3. The conditions are as follows: a) That notwithstanding Section 5.4 d), the accessory apartment unit shall otherwise comply with all other applicable a provisions of the Zoning By-law; CD• b) That the proposed accessory apartment unit be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; CD c) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority (NVCA) Permit, Building Permit and Septic Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided m 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. v v � cn Z3 m m CO -ar-M � �,of w_ f Z O Pr,,ird Hrrildge,Exriring FrePrn•r n D Ta) DS2023-006, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-006 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # February 1, 2023 Zoning By-law Amendment Application Roll #: 2023-ZBA-03 R.M.S. File #: 4346-010-003-34700 The Sarjeant Co. Ltd D14- 2065 Line 7 North Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-006 be received and adopted. 2. That Zoning By-law Amendment Application 2023-ZBA-03 by The Sarjeant Co. Ltd, specifically to permit the removal of the Holding Provision applying to the lands known as 2065 Line 7 North, be approved. 3. That the Deputy Clerk bring forward the By-law for Council's consideration to remove the Holding Provision applying to the lands described as West half of Lot 8, Concession 8 (Oro); and, 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: The subject lands are located on the east side of Line 7 North between Old Barrie Road East and Bass Lake Sideroad West and has a lot area of approximately 43.8 hectares (108.2 acres). See Schedules 1 and 2 to this report. The land is utilized as an active aggregate pit that has been in operation since 1994. In 1988 an Aggregate Resources Act Site Plan was prepared for submission to the Ministry of Natural Resources and Forestry in conjunction with an application for a Class A license under the Aggregate Resources Act which was subsequently approved in 1994. Extraction has been active within the area subject to the hold since 2002. Development Services February 1, 2023 Report No. DS2023-006 Page 1 of 8 Page 190 of 197 Ta) DS2023-006, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Analysis: Section 36 of the Planning Act authorizes municipalities to use a Holding ("H") symbol on the zoning of lands to "...specify the use to which lands, buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law". Pursuant to Section 36(4) of the Planning Act, a Public Meeting is not required in advance of removing a Holding symbol and the public has no ability to appeal a decision. The applicant may appeal a decision of Council to refuse to remove a Holding Provision. There is a Holding Provision on a portion of the site (see Schedule 3) and the applicant has requested to have the Holding Provision removed to facilitate continued aggregate use as well as the construction of buildings required for operation, on the subject lands. The Holding Provision and Exception 34 were carried forward from the previous Zoning By-Law of Oro, into the Township's Zoning By-law 97-95, as amended. The subject land has the following policy designations: • Current Township Official Plan — "Mineral Aggregate Resources - Licensed" • Adopted Township Official Plan o "Mineral Aggregate Resources"; and, o "Active Aggregate Site" • County of Simcoe Official Plan — Rural • Township's Zoning By-law 97-95, as amended: o Mineral Aggregate Resource One Exception 34 Zone (MAR1*34); and, o Mineral Aggregate Resource One Exception 34 (Holding) Zone (MAR1*34(H)) Section 66 of the Aggregate Resources Act confirms that the existing extraction permit would prevail over the Township's Zoning By-law holding provision. "Act overrides municipal by-laws, etc. — 66 (1) This Act, the regulations and the provisions of licenses and permits and site plans apply despite any municipal by- law, official plan or development agreement and, to the extent that a municipal by-law, official plan or development agreement deals with the same subject- matter as this Act, the regulations or the provisions of a license or permit or a site plan, the by-law, official plan or development agreement is inoperative." Planning Staff are satisfied that the Holding Provision is no longer required as the area subject to the Hold has been extracted since 2002 in accordance with its MNRF approved license and Operational Plan, and therefore no environmental features are present. The Hold appears to be a legacy provision that was brought over from the previous Township of Oro zoning by-law. The applicant is not creating a new operation or expanding the existing operation. As per the Operational Plan submitted with the application, the property in its entirety is permitted to be used for extraction purposes. Planning Staff has reviewed the proposed application to remove the Holding Provision in the context to relevant planning policies and legislation contained in the Township of Development Services February 1, 2023 Report No. DS2023-006 Page 2 of 8 Page 191 of 197 Ta) DS2023-006, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Oro-Medonte Official Plan, County of Simcoe Official Plan, Growth Plan for the Greater Golden Horseshoe (2020), the Provincial Policy Statement (2020) and the Lake Simcoe Protection Plan. The application to remove the Holding Provision is consistent with and conforms to Provincial policies, the County Official Plan and the Township of Oro- Medonte Official Plan and is considered good planning. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended. Corporate Strategic Goals: In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: • Owner • MHBC Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Township Zoning By-law Schedule 4: Township Official Plan Development Services February 1, 2023 Report No. DS2023-006 Page 3 of 8 Page 192 of 197 Ta) DS2023-006, Danielle Waters, Planner re: Zoning By-law Amendment Ap... Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2023-ZBA-03 be approved, and the associated By-Law for Removal of the Holding Provision be passed. Respectfully submitted: Danielle Waters, Planner Approvals: Date Andy Karaiskakis, Senior Planner January 26, 2023 Derek Witlib, Acting Director, Development Services January 27, 2023 Development Services February 1, 2023 Report No. DS2023-006 Page 4 of 8 Page 193 of 197 Ta) DS2023-006, Danielle Waters, Planner re- Zoning By-law Amendment Ap... Schedule 1: Location map —YeseyRd: -ma tan.Rd. 6 2217 2291 Horaeshoe•YalleyRd. O l]3dBarrieRd. 2137 lQeaA ���•'�R'idge �`�� 2089 2056 2061 --Z- - a 1994 1968 J 1993 1944 Z � 1832 ci 1833 C 1908 J J I. 127 1816 1800 490 1720 316 424 1640 .C' Qiro� 433 537 300 1525 �a Z O io d c J 152 127 1432 1495 pod-Barrie Rd.W. Location' ® Subject Lands ToumshlpotJ��r,�- Proud HeritagExciting Future/ 0 loom File Number.2022-ZBA-03 /V Development Services February 1, 2023 Report No. DS2023-006 Page 5 of 8 Page 194 of 197 Ta) DS2023-006, Danielle Waters, Planner re- Zoning By-law Amendment Ap... Schedule 2: Aerial Photo .Moonstone.Rd:�� e� v H—ho VWIey-Rd Old 6 Rtl:T-•/' YY 11 •+Ridge F - � .Ff j��2:17� t r kky a A 2056 �� ;y, �.¢ 2065 t 3s 1996 1994 1988 1 1944 - 1832 1908 1720 1816 1800 Aerial Photo 7oumship o� Q Subject Lands Proud Heritage,Pxcitiug Future 6 100 m File Number.2022-B-34 l i l l Development Services February 1, 2023 Report No. DS2023-006 Page 6 of 8 Page 195 of 197 Ta) DS2023-006, Danielle Waters, Planner re- Zoning By-law Amendment Ap... Schedule 3: Existing Zoning —vasevRd. .MoonstgneRd ` MAR2 nerecshoewauewlvd. RUR2 OId�6�rrie.Rd. `Ridge,Road -- -. MARL-35 Os MAR1 w. I MARS_34 c J MAR1-34(H� A/RU MAR2 MARL-37 OS A/RU MAR2 Existing Zoning RUR2(Ru 1Re dmbzl T—) AfRu(A.g,,.KuralfRurai) ; Subject Lands �(Dp 5Pa<e) Taumshtpo�� MARL(Mineral Aggregate Resod—one) _ MAR2(Ml neral Agregate Re rce Two) Proud Heritage,Exciting Future 0 N 950 Meters File Number.2023-ZBA-03 I I I I Development Services February 1, 2023 Report No. DS2023-006 Page 7 of 8 Page 196 of 197 Ta) DS2023-006, Danielle Waters, Planner re- Zoning By-law Amendment Ap... Schedule 4: Township Official Plan -Maons[eR¢Rd. Ho rseshee-Val ley-Rd� OIdBa•e•Rd� �RidgeNRea Z r— e J y a� 'Y�q Tyt 'ate a�;iw5 .n 4d'3•��'Y;+yaxygq� ��`M1 SY+Y yta W. " .M1M1' `«Y q`+ la 'yitl'S-,} a``� a q°•+._t' q-""�y o'�.gY`�sti: `"! tiM Yg r. 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Y .M13, +4,,`t 'S�6 `'1''1w,y.- °�'"y" y w ^q fsx."`hq .r.yga•�;:+a'4. -^5 V4 ` '3`L., ",`v' ��'�5,'S q` „�`cqc^� .h^ °,�'�'v�wt`+,...>... ;':,+'Y ',� . y 3 qS: .� y...�-v�ro ,Yw�-�•"«'+�•. 'S + .tea"{•."h..� •;` <y- -='1 M1^.« .,�.'• 'Y'� •'ya:im ,x'1``„"Lta, q•, v�h y.�.r E-;'} i'"�.a 1'. q7'., '1"'..x'\ �•+ "� "� +�y v v t` �'s'k-s'S: ..:4 ."th' q ^`t'+c. Township Official Plan - Land Use �Tf =3 Subject Lands Oro Moraine Boundary .Major Open Space Oro Moraine Planning Area Oro Moraine Core/CorridorArea Proud Heritage,Exciting Future u Rural ®Mineral Aggregate Resources-Licensed 0 Agricultural Mineral Aggregate Resources-Potential o soo m File Number.2023-ZBA-03 I I I N Development Services February 1, 2023 Report No. DS2023-006 Page 8 of 8 Page 197 of 197