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03 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, March 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 276 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 - 12 a) Minutes of Development Services Committee meeting held on Wednesday, February 1, 2023. 5. Public Meetings: 13 - 27 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, 15 Guest Road, 2022-ZBA- 13, 15 Guest Road Inc. 28 - 41 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 10, Concession 5, Municipally known as 529 Mount St. Louis Road West, 2023-ZBA-02, Level Design Inc. 6. Public Hearings: 42 - 67 a) 6.00 p.m. DS2023-010, Danielle Waters, Planner re: Minor Variance Application 2022-A-63, Brandy Moser, 5183 Line 9 North. Page 2 of 276 68 - 105 b) 6:10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Services re: Minor Variance Application 2023-A-03, David and Danielle Nicoletta, 67A Huronwoods Drive. 106 - 134 c) 6:20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-04, Pamela and Lawrence Hill, 246 Line 11 South. 135 - 161 d) 6:30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023-A-05, Jonathan Halliday and Kimberly Solorzano, 161 Eady Station Road. 162 - 185 e) 6:40 p.m. DS2023-011 , Danielle Waters, Planner re: Minor Variance Application 2023-A-06, Roman Dobrowolsky, 2215 Lakeshore Road East. 186 - 210 f) 6:50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023-A-07, TNR Industrial Doors Inc. 15-25 Winstar Road. 211 - 264 g) 7:00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-08, HSV GP Inc., 1101 Horseshoe Valley Road East. 7. Reports of Municipal Officers: 265 - 276 a) DS2023-008, Danielle Waters, Planner re: Minor Variance Application 2022- A-53, Randy Langstaff, 419 Line 11 South. 8. Next Meeting Date: Wednesday, April 5, 2023. 9. Adjournment: a) Motion to Adjourn. Page 3 of 276 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 to Proud Heritage,Exciting Future Wednesday, February 1, 2023 5:34 p.m. Present: Mayor Randy Greenlaw Councillor Lori Hutcheson Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Regrets: Deputy Mayor Peter Lavoie Staff Derek Witlib, Acting Director, Development Services; Catherine Present: McCarroll, Intermediate Planner, Danielle Waters, Planner; Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Mayor Greenlaw 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 9 Page 4 of 276 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 1, 2023. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC230201-1 Moved by Bard, Seconded by Clark It is recommended that the agenda for the Development Services Committee meeting of Wednesday, February 1, 2023 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: thhhh,<*40 a) Minutes of Development Services Committee meeting held on Wednesday, January 4, 2023. Motion No. DSC230201-2 Moved by Young, Seconded by Schell It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, January 4, 2023 be received and approved as printed and circulated. 1% Carried. Page 2 of 9 Page 5 of 276 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 1, 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, 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. Mayor Greenlaw 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 Victor Emberson The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 12, 2023; Township of Oro-Medonte, Building Division dated January 13, 2023; Township of Oro-Medonte, Operations Division dated January 13, 2023; County of Simcoe, Transportation and Engineering dated January 19, 2023; Hydro One dated January 20, 2023; Enbridge Gas Inc. dated January 27, 2023. Derek Witlib, Acting Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Victor and Carol Emberson, applicants, were present. 'X Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this meeting.; There being no further comments or questions, the meeting adjourned. Page 3 of 9 Page 6 of 276 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 1, 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, 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. Mayor Greenlaw 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 Ken and Patti Crawford The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 11 , 2023; Jenn Roehner dated January 16, 2023; Township of Oro-Medonte, Operations Division dated January 17, 2023; Hydro One dated January 19, 2023; County of Simcoe, Planning Department dated January 23, 2023; Lake Simcoe Region Conservation Authority dated January 24, 2023 Steve and Lori Chillman dated January 23, 2023; Julie Parna and Clive Algie dated January 17, 2023; Enbridge Gas Inc. dated January 27, 2023; Township of Oro-Medonte, Building Division dated January 30, 2023. Michael Barton, Township Planning Consultant, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Joshua Morgan, Morgan Planning & Development, agent on behalf of the applicant, was present. Ken and Patti Crawford, applicants, were present. The following public provided comments: 'IT Bruce Malcolm provided comments/questions regarding if the land is landlocked and how the boats were being stored, comments regarding a small scale store, what this could potential be, i.e., is it wide open or restricted to a small hardware store, future concerns if the lot is sold and property value concerns. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this meeting. Nap There being no further comments or questions, the meeting adjourned. Page 4 of 9 Page 7 of 276 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 1, 2023. 6. Public Hearings: a) DS2023-004, Danielle Waters, Planner re: Minor Variance Application 2022-A-64, Rob and Sky Bicevskis, 1065 Lakeshore Road East. Mayor Greenlaw called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Rob and Sky Bicevskis The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 13, 2023; Township of Oro-Medonte, Building Division dated January 16, 2023; Township of Oro-Medonte, Operations Division dated January 18, 2023; Lake Simcoe Region Conservation Authority dated January 24, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Nhh. Matt Pryce, agent on behalf of the applicant, was present. Rob Bicevskis, applicant, was present. 'IWF Ima Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this hearing. h. There being no further comments or questions, the hearing adjourned. Motion No. DSC230201-3 Moved by Schell, Seconded by Hutcheson " It is recommended 1. That DS2023-004, Danielle Waters, Planner re: Minor Variance Application 2022-A- 64, Rob and Sky Bicevskis, 1065 Lakeshore Road East be received. 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 DS2023-004 amended, to replace Condition c) with the following: c) That the applicant is to topsoil and seed over the old entrance within the road allowance; 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 9 Page 8 of 276 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 1, 2023. b) DS2023-003, Catherine McCarroll, Intermediate Planner re: Consent Application 2022-B-34, HSV GP Inc., 1101 Horseshoe Valley Road West. Mayor Greenlaw called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by HSV GP Inc. The following correspondence was received: Severn Sound Environmental Association dated January 25, 2023; Township of Oro-Medonte, Operations Division dated January 19, 2023; Township of Oro-Medonte, Manager, Development Engineering dated January 23, 2023; Township of Oro-Medonte, Environmental Services dated January 24, 2023; County of Simcoe, Transportation and Engineering dated January 26, 2023 and County of Simcoe Planning Department dated January 27, 2023; Township of Oro- Medonte, Building Division dated January 30, 2023; Township of Oro-Medonte, Manager, Development Engineering dated January 31, 2023, Nottawasaga Valley Conservation Authority dated January 31 , 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Kory Chisolm, on behalf of applicant, agent on behalf of the applicant, was present. Derrick Canete, on behalf of 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. DSC230201-4 L X Moved by Clark, Seconded by Bard It is recommended that Consent Application 2022-B-34, HSV GP Inc., 1101 Horseshoe Valley Road West be deferred, at the request of the applicant, to allow the application to come back to the Committee with the associated Minor Variance application. Carried. Page 6 of 9 Page 9 of 276 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 1, 2023. c) DS2023-002, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-01, Janet Wicks and Lorraine Brouillette, 1899 Ridge Road West. Mayor Greenlaw called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Janet Wicks and Lory Brouillette The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 13, 2023; Township of Oro-Medonte, Operations Division dated January 18, 2023, Township of Oro-Medonte, Building Division dated January 20, 2023; Lake Simcoe Region Conservation Authority dated January 25, 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was _'Nh" Angela Baldwin, agent on behalf of the applicant, was present. Lorraine Brouillette, 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. DSC230201-5 W"N%NO Moved by Lavoie, Seconded by Young It is recommended 1 . That DS2023-002, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-01, Janet Wicks and Lorraine Brouillette, 1899 Ridge Road West 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 DS2023-002. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 9 Page 10 of 276 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 1, 2023. d) DS2023-005, Danielle Waters, Planner re: Minor Variance Application 2023-A-02, David and Haley Valiquette, 198 Line 3 North. Mayor Greenlaw called the hearing to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by David and Haley Valiquette. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 13, 2023; Township of Oro-Medonte, Building Division dated January 16, 2023; Township of Oro-Medonte, Operations Division dated January 18, 2023; Nottawasaga Valley Conservation Authority dated January 30, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Haley Valiquette, applicant, was present. Staff confirmed that no additional public registrations were received. 16 Staff confirmed that no additional correspondence from the public were received during this hearing. INK Iql0uhh, There being no further comments or questions, the hearing adjourned. Motion No. DSC230201-6 Moved by Hutcheson, Seconded by Clark It is recommended 1. That DS2023-005, Danielle Waters, Planner re: Minor Variance Application 2023-A- 02, David and Haley Valiquette, 198 Line 3 North 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 DS2023-005. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 9 Page 11 of 276 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 1, 2023. 7. Reports of Municipal Officers: 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]. Committee consented to allow Michael MacMillan to provide additional information. Motion No. DSC230201-7 Moved by Bard, Seconded by Hutcheson At It is recommended 1. That DS2023-006, Danielle Waters, Planner re: Zoning By-law Amendment Application 2023-ZBA-03, The Sarjeant Co. Ltd, 2065 Line 7 North 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 appropriate draft by-law be brought forward for Council's consideration to remove the Holding Provision applying to the lands described as West half of Lot 8, Concession 8 (Oro). 4. And that the applicant be advised of the Committee's decision under the Acting Director, Development Services' signature. Carried. 8. Next Meeting Date: Wednesday, March 1, 2023. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC230201-8 Moved by Schell, Seconded by Young It is recommended that we do now adjourn at 7.19 p.m. Carried. An audio recording is available through the Township's website. Chair, Mayor, Randy Greenlaw Acting Director, Development Services, Derek Witlib Page 9 of 9 Page 12 of 276 5.a) 5:30 p.m.: Notice of Receipt of a Complete Application; Notice of P... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2022-ZBA-13 (15 Guest Road Inc.) 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 Act on 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 March 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 15 Guest Road. 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 consider a proposal to amend Zoning By-law No. 97-95, as amended, by rezoning the subject lands from the Agricultural/Rural (A/RU)Zone to the Agricultural/Rural Exception (A/RU*XXX)Zone. This zoning would permit an aggregate depot that includes open storage of sand and stone to be used for local landscaping and construction projects, 3 sea containers in proximity to the stockpiled aggregate material and a small silo to be used storage of Portland cement. This site would operate seasonally from April to December and daily activity varying according to the local customer demands. 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/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ning(a)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 person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ningCa).oro-medonte.ca. Page 13 of 276 5.a) 5:30 p.m.: Notice of Receipt of a Complete Application; Notice of P... 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 planningaoro-medonte.ca Dated at the Township of Oro-Medonte this 6th day of February, 2023. Location Map Airport Rd.(PVT) Z Z A R L E L G seu t Rd. z11 i� IFvi J C ®Subject Lands Page 14 of 276 5.a) 5:30 p.m.: Notice of Receipt of a Complete Application; Notice of P... Applicant's Site Plan/Zoning Sketch HIGHWAYNG. 11 yn f A'.i PARTS PART PART A ic2�1 91.:T11 `•del' S I;C 2 M P 4 LIGHT POLE n 2 Z _ a,u.0 _ r,55 arCG'L Page 15 of 276 Zoning By-law Amendment Application (2022-ZBA-13) 15 Guest Road Inc. Location: 15 Guest Road ,3 0 Zoning: Agricultural/Rural (A/RU) � z Official Plan: Agricultural s21I o Current Use: Existing structures and open storage of sand to be n O used for the proposed aggregate G111,Ra: v depot � 17 rn � v V1Y/G'es��CC.IGU/� � O Arad Heritage,Exciting Fufurr z O .-f n O Zoning By-law Amendment Application (2022-ZBA-13) 15 Guest Road Inc. Purpose: The purpose and effect of the proposed Zoning By-law Amendment is to consider a proposal to amend Zoning By-law No. 97-95, as amended, by o rezoning the subject lands from the Agricultural/Rural (A/RU) Zone to the 3 Agricultural/Rural Exception (A/RU*XXX) Zone. o ID This zoning would permit an aggregate depot that includes open storage of sand and stone to be used for local landscaping and construction projects, 3 sea CD containers in proximity to the stockpiled aggregate material and a small silo to be used storage of Portland cement. This site would operate seasonally from v April to December and daily activity varying according to the local customer o demands. CDCD `4 D m � o N M � O P"'d HrHll g,Ez iimg Ferliirr P Z O .-f n CD O Zoning By-law Amendment Application (2022-ZBA-13) 15 Guest Road Inc. Aerial Photo: W G uest Rd. z O 0' m O x m n CD. O v n O 3 m v m m > 0 o v V1Y/G�0') O Pr—d Heritage,Exriting Fufurr z O .-f n CD O Zoning By-law Amendment Application (2022-ZBA-13) 15 Guest Road Inc. Existing Zoning: �oes 3 z O CID Guest Rd. O euaz � CID n r-f 4.V a/au O `^ W .V n O Subject Lands 3 -•3 �] RUR2(Rural Residential Two) CCD cQ ] GC(General Commercial) "°"'"°""' CID CD A/RU (Agricultural/Rural) CD o EP(Environmental Protection) � 043 tPi � O Pr—d Heritage,Exciting Future P z O .-f n CID h Zoning By-law Amendment Application (2022-ZBA-13) 15 Guest Road Inc. Township Official Plan v, Land Use: o 3 z 0 .-f 0 CD Guest Rd. _ { 0 CD 0 0 Ll r-f 0 N ^` n Subject Lands 0 3 Environmental Protection Two CD Agricultural D N Environmental Protection One o � NSecondary Plan Area r � F rn O Pr—d Heritage,Ex W,,g Fufurr P z 0 .-f 0 0 0 h Zoning By-law Amendment Application (2022-ZBA-13) 15 Guest Road Inc. Township Adopted Official Plan j Land Use: z \! O _. CD- - Guest Rtl. - Q — CDT n CD r-f O YI ^` n Agricultural 3 Employment Area m v m CD Greenlands D o . raj Subject Lands � 0 4 V1Y/G'es��CC.IGU/�rn O Pr—d Heritage,Exciting Fufurr z O .-f n CD O M Zoning By-law Amendment Application (2022-ZBA-13) 15 Guest Road Inc. County of Simcoe Official Plan , Land Use: �� o 3 z E HT�__ 0 CD Guesl Rd. O T� N CD n _CD r-f O M =i Subject Lands 0 O 3 Agricultural m Greenlands D N - Rural v V1Y/G'es��CC.IGU/� � O Arad Heritage,Exciting Fufurr z O .-f n O Zoning By-law Amendment Application (2022-ZBA-1 3) 15 Guest Road Inc. Applicant's Site Plan: 0 _P 3 PARTS PART 6 PART] z 0 0 CD 0 CD 0 CD. CD CD CO 0 n. N) -4 0') Arad Heritage,Exciting Ft,,e z 0 0 CD 0 Zoning By-law Amendment Application (2022-ZBA-13) 15 Guest Road Inc. W 0 i z 0 0 CD s gin:...... cu o h n 3 v CD m N) Looking east along Looking west along Notice sign posted Guest Road Guest Road v (g/rQ"� �E�LGV/GCl% O Pra d HrHll g,Ez iimg Ferliirr P z O .-f n CD O Zoning By-law Amendment Application (2022-ZBA-13) 15 Guest Road Inc. W 0 s � ti z O M C. O all m s - n m 'r O v C� O 3 m Subject property from Guest View looking south of adjacent D Cn Road lands O �. v V1Y/G'� O Pr—d Heritage,Exciting Fufurr z O .-f n CD O Zoning By-law Amendment Application (2022-ZBA-13) 15 Guest Road Inc. W O 1! � itl , 0 CDr io- 0 o — tit 0 _ uuu 0 0 0 n 0 3 CD v (D Existing structures on Existing structures & land equipment 0 J �/YJG^�2tPi a, o .."d Heritage,Exciting Fufurr P z 0 .-f 0 0 0 Zoning By-law Amendment Application (2022-ZBA-13) 15 Guest Road Inc. Recommendation: w 0 This concludes staff's summary/overview of the planning context and summary 3 of the applications. o ID There will be no decision made at tonight's meeting. The purpose is to receive public comments. CD n 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, o agencies and Township Departments are received and a planning analysis is v completed. `4 D m � N � v _ O_ • � O Pra d HrHll g,Ez iimg Ferliirr P z O .-f n O 5.b) 5:45 p.m.: Notice of Receipt of a Complete Application; Notice of P... 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 2023-ZBA-02 (Level Design Inc) 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 Act on the 3rd day of February, 2023. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on March 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 Lot 10, Concession 5, municipally known as 529 Mount St. Louis Road West.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 property from Agricultural Rural Exception 96 (A/RU*96)Zone to Agricultural/Rural Exception xx (A/RU*xx)Zone for the purpose of building a single detached dwelling and an enlarged detached accessory building. 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/mun icipal-services/plan ninq-information. Written submissions can be made by: 1. Emailed to plan ninW( 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 person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ninq(Qoro-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. Page 28 of 276 5.b) 5:45 p.m.: Notice of Receipt of a Complete Application; Notice of P... 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 2EO Attn: Derek Witlib,Acting Director, Development Services plan ning6d�oro-medonte.ca Dated at the Township of Oro-Medonte this 6th day of February, 2023. Location Map X I' II M9unt_•Stftouls'RtlLW. z ®sgealeas Applicant's Site Plan/Zoning Sketch INDICATES EXISRNG VACANT LAND LINE INDICATES TOPOGRAPHIC ; INMEN DED 10, NOTE ENTIRE LOT AREA CONTOUR LIDS WOODLAND BUFFEF COVERED BY EXISTING PROPERTY BOUNDARY f VEGETATION PROPOSED LOCATION LAND$DEJECT TO ZCNNNG OF DRIVEWAY BYLAWAMENDMENT PROPOSEDEXTeNTOF Y. VEGETATION REMOVAL 1 ` lI � PR�' ` ` � OPOSE[]FLITURE� DE AOSSORY BU DOING 175rc1 FOOTPRI NT.2 STOR IES� I it CIO J 1 PROPOSED SMCLCIO Dorm NEo—E-146 z �Y11.S FDOTPRIRT,2 3TORI 2 , 0 328. 326 m 324 m 322 m 8 31 E%TENT OF SIONI FICANT I APPROX.EXISTING '� WOODED AREA(MNRF)AS DRIVEWAY LOCATION 'y INDICATED ON EIS REPORT Page 29 of 276 Zoning By-law Amendment Application (2023-ZBA-02) Level Design Inc. Location: 529 Mount St. Louis y` Road West 3 Zoning: Agricultural Rural z O Exception 96 (A/RU*96) (OD ---- Mount St:Louis Rd.W. ° Official Plan: Agricultural Current Use: Vacant ° ----- J v ®1Lb'11d, N v m D W _0 o O �. v V1Y/G'�4 O Pr—d Heritage,Exciting Fufurr z O .-f n O Zoning By-law Amendment Application (2023-ZBA-02) Level Design Inc. Purpose: The purpose and effect of the proposed Zoning By-law Amendment is to rezone the property from Agricultural Rural Exception 96 (A/RU*96) Zone to Agricultural/Rural Exception xx (A/RU*xx) Zone for the purpose of building a 3 single detached dwelling and an enlarged detached accessory building. o CD O X CD O v n O 3 CDCD `4 D m � o N W � O Praiir(HrrinRr,Ezrifing Ferliirr z O .-f n CD O Zoning By-law Amendment Application (2023-ZBA-02) Level Design Inc. Cr Aerial Photo: -Mount St.Louis �y a I O 563 5A5 53, 518 0 495 614 0 O N CD n 4598 (p O 4586 O 3 CD 4568 CD � D w 4562 � N v V1Y/G•es��CC.IGU/ � O Pr—d Heritage,Exciting Fufurr z O .-f n CD O Zoning By-law Amendment Application (2023-ZBA-02) Level Design Inc. �n Cr Existing Zoning: 3 z 0 0 CD 0 M.— Rd St.Louis W. CD 0 CD. Q 0 0 3 -a Subject Lands CD CD CO CD L WD (Waste Disposal) > 0 A/RU (Agricultural/Rural) N3 4 0') 0 Pr—d Heritage,Exciting Ft,,e P z 0 0 CD 0 Zoning By-law Amendment Application (2023-ZBA-02) Level Design Inc. Township Official Plan Land Use: / - o 0 I O n Mount St.Louis Rd.W. I 0 I « Subject Lands o 3 QEnvironmental Protection Two -a_ 0 Rural m (D, U Agricultural ®Closed Waste Disposal Site o N v 1111111110 V1Y/G� O Pr—d Heritage,Exciting Future z O r-t- n O Zoning By-law Amendment Application (2023-ZBA-02) Level Design Inc. Cr Township Adopted Official Plan Land Use: a� - 3 0 CD MOUM St Lo is Rd.W. --��--tt 0 0 I 0 0 i M / l J 0 �.? 5ubiect Lands 3 CD Agricultural CD - w Greenlands D Rural -4 Pr—d Heritage,Ea W,,g Future z 0 .-f 0 0 0 Zoning By-law Amendment Application (2023-ZBA-02) Level Design Inc. County of Simcoe Official Plane Land Use: au 3 z O 0 Mount St.Louis Rd.W. T� N n r-t- O _ l J O Subject Lands 3 Agricultural mm Greenlands D Cl) _0 °' Rural o 0 0') O Arafd Heritage,Exciting Future P z O r-t- n O Zoning By-law Amendment Application (2023-ZBA-02) Level Design Inc. Applicant's Site Plan: Cr INDICATES EXISTING VACANT LANDLIN E INDICATES TOP...11G RECOMMENDED iOm NOTE:ENTIRE LOT 0.RER CONTOUR LINES WOODLAND BUFFER COVERED BY EkISTING 3 PROPERTY BOUNDARY! VEGETATION PROPOSED LOCATION LAN SUBJECT TO ZONING OF DRIVEWAY BYLAW AMENDMENT z I sa� ° PROPOSED EXTENT OF 1 j l0 V VEGETATION REMOVAL 1 h PROPOSED F DTLIRE I'. ,j (p ACCESSORY gU ILDING(75IW FOOTPRINT'.2STORIES) I J v PFOPDBED I DET HED DWELL9NG F- (111.A1 FCOTPRINT.2 T E 3TI) ES t �ka . an.�? m 12Gm l3�m31� vml <7ENTOfIB.I APPROX.EXISTING - C ED AREA IIANRF)AS D w DRIVEWAY LOGATPON 1 GATEFJ ON EIS REPORT 4 oIND �{ v � �i�oG^�2tPi 4 ° Proud Heritage,Exciting Fufurr z O .-f n O Zoning By-law Amendment Application (2023-ZBA-02) Level Design Inc. Applicant's _ Floor Plan and Elevations: � � z O MUCD O CD CD O p 3 (D (D (D ti CO o ® n. v V1Y/G'es��CC.IGU/ � O. Pr—d Heritage,Exciting Fufurr z O .-f n CD O Zoning By-law Amendment Application (2023-ZBA-02) r Level Design Inc. r t i it O N � �• 0 CD i O (D v CD m CO View looking East View looking West Notice sign posted Tow v �hiP f rn (9 O Pr—d Heril�gr,Ea W,,g Pufurz P z O .-f n CD O !'i� ��r�l p� R� : � �r "' i a �" � , " ail • #��'��1��y� ��j�� i. it�d �� per r � � /, • d��z • � 1 S� • y�F 1.: 1 � 1 1 � • Zoning By-law Amendment Application (2023-ZBA-02) Level Design Inc. Recommendation: Cn This concludes staff's summary/overview of the planning context and summary 3 of the applications. o ID There will be no decision made at tonight's meeting. The purpose is to receive public comments. n 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, o agencies and Township Departments are received and a planning analysis is v completed. `4 m D� o N ._� � O Pra d HrHll g,Ez iimg Ferliirr P z O .-f n O 6.a) 6.00 p.m. DS2023-010, Danielle Waters, Planner re: Minor Variance A... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-010 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # March 1, 2023 Minor Variance Application 2022-A-63 Roll #: Brandy Moser R.M.S. File #: 4346-020-005-19300 5183 Line 9 North D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-010 be received and adopted. 2. That Minor Variance Application 2022-A-63 by Brandy Moser specifically to permit a custom workshop in the Environmental Protection Zone on lands municipally known as 5183 Line 9 North, be approved, subject to the conditions as outlined in Report DS2023-010. 3. The conditions are as follows: a) That notwithstanding Section 5.27 and Table A5, the custom workshop shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed custom workshop 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 custom workshop not to be used for human habitation; d) That the proposed development implements all recommendations as listed in "Scoped Environmental Impact Study" by Azimuth Environmental Consulting Inc, dated March 2022; e) That the custom workshop be solely used for the purposes as defined in Zoning By-law 97-95 as amended, "used by a trade, craft or guild for the manufacture, in small quantities, of made to measure clothing or articles including the sale of such products at retail"; and, f) 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. Development Services March 1, 2023 Report No. DS2023-010 Page 1 of 12 Page 42 of 276 6.a) 6.00 p.m. DS2023-010, 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 has an area of 14.7 hectares (36.3 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and several detached accessory buildings. The applicant is proposing to construct a custom workshop (clothing) and is seeking relief to the following sections of Zoning By-law 97-95: Table A5 — Permitted Uses, Environmental Protection Required: Proposed: No structures permitted To permit a Custom Workshop within the Environmental Protection Zone 1 st Floor: 282.15 sq.m. (3,037.0 sq.ft) 2nd Floor: 222.5 sq.m. (2,395.5 sq.ft) =504.7 sq.m. (5,432.5 sq.ft) Open Deck: 45.4 sq.m. 489.0 sq.ft) Section 5.27 Setbacks from Limits of Environmental Protection Zone Required. Proposed: 30.0 metres 98.4 feet 0 metres 0 feet 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, and 2.2 — Water 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. Development Services March 1, 2023 Report No. DS2023-010 Page 2 of 12 Page 43 of 276 6.a) 6.00 p.m. DS2023-010, Danielle Waters, Planner re: Minor Variance A... 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 applicant has submitted an Environmental Impact Study (EIS) to provide an understanding of the natural environment conditions and the potential for impacts on these features. As per the Township's adopted Official Plan, there is a significant woodland and an unevaluated wetland on the property. The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the EIS and has no objection to the proposed development which would also require a permit for the building. Section 8 of Azimuth Environmental Consulting Inc's EIS discusses recommendations including the requirement for sediment and erosion control to be in place during construction. The consultant has provided a conclusion that indicates that the proposed development will not negatively impact the environmental features on the property. 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 2.2.9 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 (EP) zone around a watercourse on the property. The proposed structure meets the required 30m setback to a watercourse however it is to be located within the EP zone. The applicant has submitted an Environmental Impact Study (EIS) to assess the potential impact of development on environmental features on the property (significant woodland, watercourse, and unevaluated wetland). NVCA has reviewed the EIS and has no objection to the proposed development. Planning Staff is of the opinion that this application conforms with the policies of A Place to Grow, 2020. County Official Plan The property is designated Agriculture and Greenlands in the County of Simcoe's Official Plan, with the proposed structure being located in the Greenlands designation. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." (County of Simcoe, 2016). Permitted uses in the Greenlands designation include agricultural uses; agriculture-related uses; on-farm diversified uses; forestry uses; mineral aggregate operations; outdoor passive recreational uses; and residential dwelling units that demonstrate that the lands are not within a prime agricultural area. According to Section Development Services March 1, 2023 Report No. DS2023-010 Page 3 of 12 Page 44 of 276 6.a) 6.00 p.m. DS2023-010, Danielle Waters, Planner re: Minor Variance A... 3.8.16, legally existing uses within the Greenlands system will be recognized and can continue. The proposed structure is an accessory use to the existing residential use. In reviewing the County's OP policies, the proposed structure is considered to conform to the County's OP as the residential use is existing and the proposed structure is accessory to an existing permitted use. The application has been circulated to the County, however, no comments have been received at the time of writing this report. Council shall have regard for any comments received. In Planning Staff's opinion, the applicant's minor variance application conforms with the County's Official Plan as the construction of a custom workshop is considered an accessory use to the existing residential use on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) 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 Official Plan will be repealed once the updated Official Plan 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 Official Plan and Green lands/Agriculture in the 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 March 1, 2023 Report No. DS2023-010 Page 4 of 12 Page 45 of 276 6.a) 6.00 p.m. DS2023-010, 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) 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; however, it is within the 30 metres setback buffer from the Environmental Protection Zone. The existing quonset but is within the Environmental Protection Zone. The purpose of the Environmental Protection Zone is to ensure the health and safety of the environment, people and property. The proposed development will be utilizing an existing development envelope on the property that has been disturbed. An EIS and Slope Stability Study have been submitted and reviewed by NVCA in which they have no objections. Within the Zoning By-law, the definition of Custom Workshop is as follows: "Means premises used by a trade, craft or guild for the manufacture, in small quantities, of made to measure clothing or articles including the sale of such products at retail and, for the purpose of this By-law shall include upholstering but does not include metal spinning, woodworking or furniture manufacturing". The agent for the application has confirmed with the owner that the proposed structure will meet this definition. The owner has an equestrian related clothing business. They currently utilize the dwelling, Quonset but and another farm for the business and are looking to consolidate into one structure. Planning Staff are satisfied that this use falls under the Custom Workshop definition. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Staff has identified that the proposed structure will not be visible from the road or neighbouring properties. There is an existing quonset but where the proposed structure will be located. The proposed structure will be located in an existing development envelope on the site and will utilize the existing driveway. An EIS and Slope Stability Study have been submitted and reviewed by NVCA in which they have no objections. 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 custom workshop will be located on previously disturbed land is not anticipated to have an adverse impact on the neighbourhood (letters of support) or environment (EIS submitted and supported by the NVCA). Development Services March 1, 2023 Report No. DS2023-010 Page 5 of 12 Page 46 of 276 6.a) 6.00 p.m. DS2023-010, 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, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended. Corporate Strategic Goals: In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection • Township Infrastructure and Capital Projects — No comments • Township Building Department — Owner/Applicant to be aware that demolition permits will be required for the structures that are to be removed. Building Permit will be required for proposed workshop. • Nottawasaga Valley Conservation Authority — no objection, permit required • Ministry of Transportation — no permit required • 3 Letters of Support Development Services March 1, 2023 Report No. DS2023-010 Page 6 of 12 Page 47 of 276 6.a) 6.00 p.m. DS2023-010, Danielle Waters, Planner re: Minor Variance A... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Applicant's Proposed Site Plan Schedule 4: Applicant's Elevation Schedule 5: Applicant's Floor Plan Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-63 be approved, specifically, to permit a custom workshop within the Environmental Protection Zone on lands municipally known as 5183 Line 9 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 February 22, 2023 Derek Witlib, Acting Director, Development Services , 2023 Development Services March 1, 2023 Report No. DS2023-010 Page 7 of 12 Page 48 of 276 6.a) 6.00 p.m. DS2023-010, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location Map Moonstone-Rd. 5441 H.—h-N.Iley-Rd Z C1 old.a�iead. C 146 5383 �Rldgc 43 5363 g �I 19E� 500 Moonstone Rd. 2 sao 7os 00515 699 747 777 5 83 400 t 5144 Z Oi C 5116 LJ 4940 4982 Location �4 ® Subject Lands Township of Proud Heritage,Exciting Future 0 100m He Number:2022-A-63 Development Services March 1, 2023 Report No. DS2023-010 Page 8 of 12 Page 49 of 276 6.a) 6.00 p.m. DS2023-010, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo —wa>ewae,— 5,13 . 537 --1 146 C t 8 -Mo rtstoneR • ` uapn 2y U 19, Heseshoe.Val4•µRd� �.�— �oonSfo��Rt7� � w. Old.earrie.Rd�\`` V L� 00515 C. -Ringer 699 ` I 4f 5183 5188 5180 s T 44 .. 1 ) Aerial Photo �\ Toumship of 0 Subject Lands Proud Heritage,Exciting Future J 0 100 M File Number:2022-A-63 Development Services March 1, 2023 Report No. DS2023-010 Page 9 of 12 Page 50 of 276 6.a) 6.00 p.m. DS2023-010, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants Proposed Site Plan BRANDY MOSER 11.9LINE N,COa AT8K.CNLCK tEe TOWNSHIP OF ORO-McDCIwE 20NING:ARU ED ea�m>�+ —a°rlpuEea�u t \ rarreSN�kcs v:merry =- 3` R \ AMU f � ✓P s 1 N sew ° 1 ! i s AMU f fP 4 S� '2\ c� l � i wr,aµcw�w �•; EP FAT %= / s \ ArNu i 1 � 4 r:r She Plan k- Site Plan "on ��jJru'[PPrrrouud Herita e.,Exciting Future File Number:2022-A-63 Development Services March 1, 2023 Report No. DS2023-010 Page 10 of 12 Page 51 of 276 6.a) 6.00 p.m. DS2023-010, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicants Elevation 30• #. Ceik�/ xee.. Fled.� Q 1s1 Floor C+a�e._b. t South(View from driveway) Peak � 3a_p° LI CeY� 2ntl F._ b4" t� 15. \l 0 0 s Pbor b.b Gre�b,_e• North(View from forest) Elevations j Proud Hak9ge,E-Wt 2 Fw— File Number'.2022-A-53 Peak � 3a #" �o 2na 15_4 l rsr Fleer creae �l East(View from yard) �..4. ao cem0 24'-3- 2na Floor n 9st Floor a-9• ar�tle - b p• West Elevations �Tf Proud Hrritue,E-itim?Future File Number.2022-A-33 Development Services March 1, 2023 Report No. DS2023-010 Page 11 of 12 Page 52 of 276 6.a) 6.00 p.m. DS2023-010, Danielle Waters, Planner re- Minor Variance A... Schedule 5: Applicants Floor Plan sT gnlrz�.,b p.m. 2NOFLOQRF Z b.pkr�rz.sq.m. r———— ——— I® a ®I I I I I I I I I � I mil w I I � i Fhl �rw I I -- � I I I I i i i L— -----� 1 1 st Floor 118"=1'-C" Applicant's Floor Plan Proved HMtnpe,Exciting*17w— File Number:2022-A-53 t9T kLooR FooTvrsieT.rz,a�apkl rzsrz.ts aq.m. S127*3 t26 SF swrage t 1315 SF Open Deck 489 SF $ P Storages 2 613 SF 2nd Floor Applicant's Floor Plan Psoud Hcrir4ge,Ex W.j,Future File Number:2d22-A-53 Development Services March 1, 2023 Report No. DS2023-010 Page 12 of 12 Page 53 of 276 Minor Variance Application (2022-A-63) Moser v Location: 5183 Line 9 North , o Old-C unty-Rd - �. Zoning: Agricultural Rural (A/RU) & o I Reid's Ria l� cf) Environmental Protection (EP) MoamineRti-E. I; N W Official Plan: Agricultural 1 0 9 0 i =3 Current Use: Residential �. z W �F f� ®6uh7�Lands I � � � v v � m o N { � v V1Y/G�0') �. Pr-d Heritage,Exciting Fufurr O n D Minor Variance Application (2022-A-63) Moser v Purpose: The applicant is proposing to construct a Custom Workshop with an o open deck. The applicant is seeking relief to the following section of Zoning By- 3 law 97-95, as amended: o Table A5—Permitted Uses, Environmental Protection o N Required: Proposed: W 0 No structures permitted To permit a Custom Workshop within the Environmental Protection Zone o 0 v 1st Floor: 282.15 sq.m. (3,037.0 sq.ft) D. 2"d Floor: 222.5 sq.m. (2,395.5 sg.ft) =504.7 sq.m. (5432.5 sq.ft) m v Open Deck: 45.4 sq.m. (489 sq.ft) m Section 5.27 Setbacks from Limits of Environmental Protection Zone v v =3 cQ Required: Proposed: m �`�„ 30 metres (98.4 feet) 0 metres (0 feet) O m N Th—hip f 0') 0 Pra d HrHli g,E-iimg-F,h— —% W M. W n D Minor Variance Application (2022-A-63) Moser v Aerial Photo: r ,- o 9�� 0 fV O _ W a7 � St83 O 5188 O st nn L CD .-f i'141 v (�D `. `� -- — ;' r �_ .ems•�' (D t . m !S f R v V1Y/G'� 0. � O Pr—d Heritage,Exciting Fufurr M. w n CD D Minor Variance Application (2022-A-63) Moser v Existing Zoning: Mom o .wn�J [y�Rtl. p n/au ��u� Iy S usu m T�\ CO Moonstone Rtl.P _ 1 w p Al. 0 "/xu xu I I CD CD m Subject Lands w L v C CD A/RU (Agricultural/Rural) 0' EP (Environmental Protection) m NJ 0') 0 O Pr—d Heritage,Ex W,,g Fulorr M. 0) n CD D Minor Variance Application (2022-A-63) Moser v Township Official Plan ;:u,.e -� 0 , _ Land Use: ylRd.' �I - CD Moonstone Rtl. 0 N %z / 0 0 _ CD - CD i v r — `�� Subject Lands v Environmental Protection Two � Rural CD oAgricultural CD 0") If 0. � o Prai�r(HnilnRr,Esrrlinq Ferhirr � n CD D Minor Variance Application (2022-A-63) Moser v Township Adopted Official Plan .1 o Land Use: Co - r 0 J�� W m v m J Subiect Lands v Agricultural CD QI Greenlands `D rnf � � O. Praiir(Hrri�nRr,Ezrifing Ferliirr 0 W M. W n CD D Minor Variance Application (2022-A-63) Moser v County of Simcoe Official Plan - o Land Use: yR° -P nn on stone Rd �_ O F' N W O O 0 v (D (D v Subject Lands Agricultural v Greenlands (D � Rural o v V1Y/G'es��E%CG(/1GGr/ =. Pr—d Heritage,Exciting Future O n D Minor Variance Application (2022-A-63) Moser SEASONAL CR@EN / - -- ' CREEK EXISTING 57 ORAGE HE r i;REL TO BE REMOVED5m Sir ~� — TO Applicant's Site Plan: - o EXISTING DETACHED GARAGE E �m TO BE REMOVED orvewme 5TS SF ^pi ®,. PROPOSED CUSTOM WORKSHOP TO REPLACE DETACHED GARAGE /rY AND STORAGE SHED V! / a 3 PJRU �F O EP W / O IN .N 0 POND r-F €BOTTOM OF @ERV IVEWAY EP =3 cc "1pj s`` EXIS TING T OSTOREY HOUSE \ (� i�^ TO REMAIN THE SAME WO SIF O \. AlRIJ rn Pr—d Heritage,Exciting Fulurr n D Minor Variance Application (2022-A-63) Moser v Applicant's Elevations: o CD _ O =°sue W o � O � O f South(View from driveway) — JA o-o ,•=,o•-o (1 East(View from yard) VJ D (D — — CD CD n North(View from forest) U r•=,o•o• 2 West c (D (D N O v V1Y/G� =. Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application (2022-A-63) Moser Applicant's Floor Plan: 0 0 -P ........... ----- CD s sr 0 0 (D (D =3 =3 cc (D (D m w 0 =3 0') Pr—d Heritage,Exciting Ft,,e 0 =3 0 CD Minor Variance Application (2022-A-63) Moser � 11 0 k 0 CD w - o o v a + (p. (D (D CD North on Line 9 South on Line 9 Notice sign posted o � v V1Y/G'es��E%CG(/1CGG Pr—d Heritage,Exciting Fufurr % W M. w n CD D Minor Variance Application (2022-A-63) Moser v a t O wwrri W O O CD N N Existing accessory building Existing dwelling Cn O (D O Praiir(Hrri�nRr,Ezrifing Ferliirr —% W M. W n CD D Minor Variance Application (2022-A-63) Moser 0 O CD o No N -- - W O (D (D 6 � v v =3 CD m CD Location of proposed workshop o . . N w�hiP f v 0.IT 0. � O Pr—d Heritage,Exciting Fufurr M. W n CD D Minor Variance Application (2022-A-63) Moser v Recommendation: Approve 0 It is recommended: _P 3 1. That Report No. DS2023-010 be received and adopted. 0 0) 2. That Minor Variance Application 2022-A-63 by Brandy Moser specifically to permit a custom workshop in the Environmental N 0 Protection Zone on lands municipally known as 5183 Line 9 North, be approved,subject to the conditions as outlined in Report �N DS2023-010. 0 3. The conditions are as follows: 0 a) That notwithstanding Section 5.27 and Table A5,the custom workshop shall otherwise comply with all other applicable 0 provisions of the Zoning By-law; v b) That the proposed custom workshop 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 custom workshop not to be used for human habitation; (D d) That the proposed development implements all recommendations as listed in"Scoped Environmental Impact Study'by Azimuth Environmental Consulting Inc,dated March 2022; ,) e) That the custom workshop be solely used for the purposes as defined in Zoning By-law 97-95 as amended,"used by a m trade,craft or guild for the manufacture, in small quantities,of made to measure clothing or articles including the sale of such products at retail";and, f) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority(NVCA)Permit, Building Permit and cW Septic Permit be obtained from the Township only after the Committee's decision becomes final and binding,as provided =3 m for within the Planning Act R.S.O. 1990, c.P. 13. cu 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. (D o _ N (� ` _ O M 0) n D 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-017 Development Services Derek Witlib, Acting Committee Director, Planning Services Meeting Date: Subject: Motion # March 1, 2023 Minor Variance Application 2023-A-03 Roll #: David and Danielle Nicoletta R.M.S. File #: 4346-010-003-20750 67A Huronwoods Drive D13- Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-017 be received and adopted. 2. That Minor Variance Application 2023-A-03 by David and Danielle Nicoletta, specifically to permit a two-storey detached accessory building (detached garage) containing an upper level accessory apartment dwelling unit with the following variances: a) Accessory apartment dwelling unit in an accessory building; b) Accessory building in front yard with a minimum 3.37 metres (11 .0 feet) front yard setback; c) Maximum height of 6.98 metres (22.87 feet); d) Maximum 1st floor: 91 .8 square metres (988.1 square feet), maximum 2nd floor: 91.8 square metres (988.1 square feet), maximum total floor area: 183.6 square metres (1976.3 square feet); e) Maximum floor area of apartment dwelling unit 127.24 square metres (1369.6 square feet); f) Minimum interior side yard setback for accessory building of 3.05 metres (10.0 feet); g) Retaining wall to be located in the front yard with a 0 metres (0 feet) front yard setback; on lands municipally known as 67A Huronwoods Drive, be approved, subject to the conditions as outlined in Report DS2023-017. 3. The conditions are as follows: a) That notwithstanding Sections 5.1.1 , 5.1 .3, 5.1 .4, 5.1.6 and Table B1, the development shall otherwise comply with all other applicable provisions of the Zoning By-law; Development Services March 1, 2023 Report No. DS2023-017 Pagel of 21 Page 68 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... 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 proposed accessory building or accessory apartment dwelling shall not be used for a home industry, for commercial purposes or for temporary accommodation for any period of 28 consecutive days or less throughout any part of a calendar year; d) That the applicant apply for an obtain a Driveway Entrance Permit for a driveway that conforms to Township standards, including that the potion of the driveway within the municipal road allowance not exceed 6 metres in width; e) That the owner provide the Township with a written acknowledgement that the adjacent Township-owned property at 64 Huronwoods Drive houses a water booster station and generator which creates noise and that the generator and associated equipment will not be muffled for further noise reduction; f) That an Ontario Land Surveyor verify by pinning the foundation wall and retaining wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation and retaining wall, that the detached accessory building is located no closer than 3.37 metres (11.0 feet) from front lot line and no closer than 3.05 metres (10.0 feet) from the interior side lot line and that the retaining wall is located no closer than 0 metres (0 feet) from the front lot line and does not encroach onto the Township road allowance; g) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, Septic System Permit or Septic Verification and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.674 hectares (1 .67 acres) and currently supports a single detached dwelling. The property is shown on Schedules 1 and 2 to this report. Surrounding land uses consist mainly of single detached dwellings. A municipal water booster station with a generator abuts the north side of the subject lands. The applicant is proposing to construct a detached accessory building (detached garage) containing an upper level accessory apartment dwelling unit. The applicant is seeking relief from the following sections of Zoning By-law 97-95: Development Services March 1, 2023 Report No. DS2023-017 Page 2 of 21 Page 69 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... Detached Accessory Building Section 5.1.1 — Uses Permitted in Detached Accessory Buildings and Structures Required: Proposed: No detached accessory building or To allow for an accessory dwelling unit in accessory structure shall be used for a detached garage human habitation Section 5.1.3 a Not be located in the front yard. Required. Proposed: Not be located in the front yard To be located in the front yard with a 3.37 metres 11.0 feet setback Section 5.1.4 Maximum height Required. Proposed: 4.5 metres 14.76 feet 6.98 metres 22.87 feet Section 5.1 .6 Maximum floor area Required: Proposed: 70.0 square metres (753.5 square feet) 1 st floor: 91 .8 square metres (988.1 square feet) 2nd floor: 91.8 square metres (988.1 square feet) Total: 183.6 square metres (1976.3 square feet Table 131 — Front yard setback, R1 , Exception 202 Required. Proposed: 6.0 metres 19.7ft 3.37 metres 11 .0 feet Table 131 —Interior side yard setback, R1, Exce tion 202 Required. Proposed: 4.5 metres 14.7ft 3.05 metres 10.0 feet Accessory Dwelling Unit Section 5.4 c) Maximum Floor Area of Apartment Dwelling Units Accessory to a Single Detached Dwelling Required. Proposed: 70.0 square metres 753.5 square feet 127.24 square metres 1369.6 square feet Development Services March 1, 2023 Report No. DS2023-017 Page 3 of 21 Page 70 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... Retaining Wall associated with Detached Accessory Building — For the purposes of the Zoning By-law a retaining wall with a height of 1.0 metre (3.2 feet) or more is considered an accessory structure and is subject to the provisions of Section 5.1 Section 5.1.3 a Not be located in the front yard. Required. Proposed: Not be located in the front yard To be located in the front yard with a 0 metres 0 feet setback Table 131 — Front yard setback, R1 , Exception 202 Required. Proposed: 6.0 metres 19.7ft 0 metres 0 feet The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1 .1.1 states that: "Healthy, liveable and safe communities are sustained by... accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs..." Sections 1 .1.3 and 1 .1 .4 are also applicable to this application and include policies that state: • Settlement areas shall be the focus of growth and development; • Land use patterns within settlement areas shall be based on densities and a mix of land uses; • Land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment; and • In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it would result in minor residential intensification by providing an additional residential unit in a rural settlement area. Development Services March 1, 2023 Report No. DS2023-017 Page 4 of 21 Page 71 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. It identifies the Greater Golden Horseshoe (GGH), including Simcoe County, as a dynamic and diverse area, and one of the fastest growing regions in North America which, by 2051 , is forecast to grow to, at a minimum, 14.8 million people and 7.0 million jobs. The magnitude and pace of this growth necessitates a plan for building healthy and balanced communities and maintaining and improving our quality of life while adapting to the demographic shift underway. The Growth Plan is about accommodating forecasted growth in complete communities that are well designed to meet people's needs for daily living throughout an entire lifetime by providing convenient access to an appropriate mix of jobs, local services, public service facilities, and a full range of housing to accommodate a range of incomes and household sizes. Complete communities support quality of life and human health by encouraging the use of active transportation and providing high quality public open space. The Growth Plan seeks to optimize the use of the existing settlement area land supply as well as the existing building and housing stock to avoid over-designating land for future development while also providing flexibility for local decision-makers to respond to housing need and market demand. The Plan recognizes and promotes the important role of rural towns and villages as a focus of economic, cultural and social activities that support surrounding rural and agricultural areas across the GGH. It is Planning Staff's opinion that the proposed additional dwelling unit conforms to the Growth Plan. County Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements, and minimize land consumption and servicing costs" (County of Simcoe, 2016). Section 3.3.1 of the County Official Plan states that: "In the Settlement designation... zoning bylaws may make provision for detached dwelling units, garden suites, second units in residential dwellings and mixed use buildings, and multi dwelling residential buildings." In Planning Staff's opinion, this application for an additional dwelling unit within a detached accessory building conforms to the County of Simcoe 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 Development Services March 1, 2023 Report No. DS2023-017 Page 5 of 21 Page 72 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. The Planning Act supports the establishment of additional residential units by stating in Sections 16(3) and 35.1(1) that a municipality may not adopt and Official Plan or pass a zoning by-law that has the effect of prohibiting the use of: (a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. 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 (OP) 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. Current Township of Oro-Medonte Official Plan The Township's Official Plan identifies the subject lands to be within the Rural Settlement Area of Sugarbush. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to a residential use. Development Services March 1, 2023 Report No. DS2023-017 Page 6 of 21 Page 73 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... The Township has been permitting accessory apartments in single detached dwellings since 1997 through the provisions contained in the Zoning By-law, which is deemed to conform to the Official Plan. The Township has also previously permitted a number of accessory dwelling units to be located in detached accessory buildings, through site- specific planning applications. It is Planning Staff's opinion that the applicant's proposal for an additional dwelling unit within a detached accessory building generally conforms to the purpose and intent of the Township's Official Plan. Adopted (not vet in effect) Updated Official Plan The Township's adopted (not yet in effect) updated Official Plan contains detailed policies with respect to additional residential units, as required by the Planning Act. These policies are listed below and Planning Staff have included an analysis of the applicants' proposal against these policies: Section 4.9 Additional Residential Units 1 , Additional Residential Units are defined as separate and complete dwelling units that are contained either within the structure of a residential dwelling or in an accessory building or structure on the same lot. Additional Residential Units allow for affordable housing opportunities and the policies of Section 2 of this Plan determine in which land use designations an accessory residential dwelling unit shall be permitted. Staff comment: Conforms. The additional residential unit is proposed in an accessory building on the same lot. 2. Additional Residential Units provide for the opportunity to develop affordable housing units within the Township. Development of these units will assist in supporting the County's target of providing 10 percent affordable housing units to be created each year throughout the County. Staff comment: Conforms. Contributes to the inventory of affordable housing units in the Township. 3. Where an Additional Residential Unit is permitted, a maximum of two Additional Residential Units are permitted within a single detached, semi-detached dwelling or rowhouse dwelling. Staff comment: Conforms. There is currently one residential unit within the existing single detached dwelling on the lands. 4. Where an Additional Residential Unit is permitted, a maximum of one Additional Residential Unit is permitted within an accessory Development Services March 1, 2023 Report No. DS2023-017 Page 7 of 21 Page 74 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... building or structure of a single detached, semi-detached dwelling or rowhouse dwelling. Staff comment: Conforms. The additional residential unit is proposed in a building accessory to a single detached dwelling. 5. For further clarity, the intent of this policy is to permit up to a total of three residential units, which includes the primary dwelling, on eligible properties and in accordance with the relevant zoning height provisions. Staff comment: Conforms. There applicants' proposal would result in a total of two residential units on the lands, and the applicants are seeking Minor Variance relief from current zoning provisions. 6. Additional Residential Units are not permitted within hazardous lands as defined and regulated by the local Conservation Authority either within the basement of a primary residence or within an accessory building or structure. Staff comment: Conforms. The subject lands are not regulated by a Conservation Authority and do not contain any hazardous lands. 7. Additional Residential Units will be regulated by the provisions of the implementing Zoning By-law in accordance with the following provisions: a) The Additional Residential Unit shall clearly be ancillary to the principal residence and specific limits as the maximum floor area permitted or size relative to the primary residence will established in the Zoning By-law; Staff comments: Conforms. The additional dwelling unit and the associated accessory building would remain smaller than the main dwelling and remain ancillary in both function and appearance. b) The Additional Residential Unit shall be integrated into its surroundings with negligible visual impact to the streetscape; Staff Comment: Conforms. Despite the tree clearing that would be required for the development, the lot would remain substantially wooded and the development would resemble existing development in the neighbourhood. c) The Additional Residential Unit shall be compatible in design and scale with the built form of the primary dwelling; Development Services March 1, 2023 Report No. DS2023-017 Page 8 of 21 Page 75 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... Staff comment: Conforms, subject to the applicants submitting a septic verification or obtaining a new septic system permit, as requested by the Township's Building division. The land are serviced by a municipal water system with capacity for the proposed development. 11. Generally, Additional Residential Units will only be permitted as-of- right by the Zoning By-law on lots that comply with the minimum lot area and minimum lot frontage requirements of the Zoning By-law. Staff comment: conforms. The lot complies with the minimum lot area and minimum lot frontage requirements of the Zoning By-law. 12. The severance of an Additional Residential Unit located within the primary dwelling unit or within an accessory building or structure through consent, subdivision or condominium, is prohibited. Additionally, surplus farm dwelling severance policies shall not be used to create a separate lot for Additional Residential Units. Staff comment: Conforms. No severance is proposed and the Official Plan's policies would not support a severance. 13. Garden suites are temporary dwellings and are not considered Additional Residential Units under this Plan. Staff comment: Conforms. The applicants are proposing a permanent additional dwelling unit, not a temporary garden suite. 14. As a condition of approval, the Township may require that the Additional Residential Unit be registered in accordance with the provisions of the Municipal Act. Staff comment: Not applicable. The Township does not currently register additional residential units. Planning Staff are of the opinion that the proposed variance to accommodate an additional residential unit in a detached accessory building on the lands would conform to the Township's adopted Official Plan. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One Exception 202 (R1*202) according to Zoning By-law 97-95, as amended. The permitted uses of the R1*202 Zone include single detached dwellings. Section 5.4 (Apartment Dwelling Units Accessory to a Single Development Services March 1, 2023 Report No. DS2023-017 Page 10 of 21 Page 77 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... Detached Dwelling) would also permit a maximum of one apartment unit in the dwelling on the lands, provided: a) the single detached dwelling has a gross floor area greater than 110 square metres (1,184 square feet), exclusive of the apartment dwelling unit; b) the minimum floor area of the apartment dwelling unit is 50 square metres (538 square feet); c) the maximum floor area of the apartment dwelling unit is 70 square metres (753.5 square feet); d) the apartment dwelling unit has a means of egress to the outside that is separate from any means of egress for another dwelling unit; and e) a window opening in the apartment dwelling unit having an area of 0.30 square metres (3.23 square feet) is located above grade. Also applicable is Section 5.19 (Parking Standards), which includes the following minimum parking requirements: • Single detached dwelling — minimum of 2 parking spaces • Accessory apartment dwelling unit — minimum of 1 parking space The proposed development complies with the above-noted provisions, except that the proposed dwelling unit would be located in an existing detached accessory building rather than inside a dwelling. The general purpose and intent of the Zoning By-law is reflective of the prevailing land uses policies in effect at the time that the Zoning By-law was passed in 1997, which sought to establish permissions of additional, affordable housing options but did not contemplate more than one detached residential structure on a lot, except for temporary garden suites. Considering the changes that have been made to the Planning Act to permit second units in dwellings and in accessory buildings, as well as considering the overall promotion of a range of housing types and affordability found in Provincial policies, the legislative and policy basis for establishing a second unit in an accessory building is well established. Therefore, the focus of Planning Staff's consideration of this application is whether the applicant's proposal is appropriate in this site-specific context and in advance of the Township's updated Official Plan coming into effect. The applicant's lands are located in a Rural Settlement Area and in a zone (R1*202) which already permits second units within dwellings. The applicant has proposed the additional residential unit to be located above a proposed detached accessory building (detached garage). In Planning Staff's opinion, the size and appearance of the proposed building would not be out of character with the surrounding built form and would not detract from the appearance and use of the main dwelling as the primary and dominant structure on the lands. This is because the property is relatively large sized settlement area lot (0.674 hectares / 1 .67 acres), and the accessory building containing the addition residential unit would remain smaller than the main dwelling. Development Services March 1, 2023 Report No. DS2023-017 Page 11 of 21 Page 78 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... While the proposed development would add a new structure to the streetscape of Huronwoods Drive, the proposed development is not anticipated to detract from the use and enjoyment of the surrounding residential properties or from the overall tree-covered appearance of the neighbourhood. For the reasons outlined above, Planning Staff is of the opinion that the requested variance maintains the general purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate development or use of the land? As indicated above, Planning Staff does not expect the proposed structure to look out of place or detract from the character of this established neighbourhood as the subject lands and surrounding lots are mostly treed and dwellings in the neighbourhood are positioned at varying setbacks from the road. The lot is of adequate size to support private on-site sewage disposal needs, the details of which would be required to be addressed through a septic system permit or a septic verification. Adequate parking that would exceed the minimum requirements of the Township's Zoning By-law would be provided in the proposed driveway and garage. Driveway related matters that have been flagged through the Township Operations Division's comments would be addressed through Planning Staff's recommended conditions of approval and through the required driveway entrance permit. The sloping topography of the lands has necessitated that the applicant utilize retaining walls, resulting in a number of required variances that are technical in nature, and the number of variances required should not be considered as detrimental to the proposal. Based on the above, Planning Staff is satisfied that the proposed development would be 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. Planning Staff does not foresee any negative impacts resulting from the variances on the use and enjoyment of neighbouring properties. A public concern has been expressed regarding the possible establishment of a short-term rental in the proposed building. The application does not propose a short-term rental and Planning Staff has recommended a condition to prohibit a short-term rental use. As the proposed variance is maintain the general intent and purpose of the Official Plan and the Zoning By-law, to be desirable for the appropriate development or use of the land, 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 Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Development Services March 1, 2023 Report No. DS2023-017 Page 12 of 21 Page 79 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... 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/Agency Comments: • Township Development Engineering Division: An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Included therein shall be included the Retaining Wall Design — signed and Stamped by a Professional Engineer and any reports or calculations pertinent to the Retaining Wall design and/or Slope Stability to accommodate the proposed construction. • Township Building Division: Owner/Applicant to be aware that a building permit and a septic verification or septic permit will be required. • Township Operations Division: Has concerns with the 3.37m set back as it may interfere with winter operations and the placing of snow on the Township boulevard. Proposed driveway does not meet the Township standards. A maximum of 6.Om width is required from the edge of the road to the property line. • Township Environmental Services Department: Technical comments remain consistent with those circulated to the applicant under File 2022-PCA-16 provided by Development Services in June 14, 2022, including: Development Services March 1, 2023 Report No. DS2023-017 Page 13 of 21 Page 80 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... ➢ If development proceeds the water curb stop for a new structure should be located on the east side of any new structure (i.e. on the opposite side of the structure as the Township property); and, ➢ The adjacent Township property at 64 Huronwoods Drive houses a water booster station and generator which creates noise. The generator and associated equipment will not be muffled for further noise reduction. Additionally and as provided to the applicant by email on January 27, 2023, traversing neighbouring Township lands with any equipment or vehicles is prohibited without consent and can potentially damage critical infrastructure. Public Comments: Sandy and Wayne Rowe, 66 Huronwoods Drive: The proposed variances are all contrary to Zoning By-Laws. The majority of variances are significantly contrary to these by-laws. Proposals are absent in regards to the planned septic system and the impact on existing septic systems. In the same vein, the impact these proposals will have on the Drinking Water Booster Station (DWBS) regarding elevation and proximity. The proposed structure will be built into the elevation as indicated on the application. The requirement of a retaining wall and the elevation does not address water run-off. The proposed structure will require significant removal of old growth trees as well as a change to the topography. This is contrary to the forested natural character of the neighbourhood and the reason people have chosen this area in which to live. Canada Post has declared this section of Huronwoods Drive unsafe for individual mail delivery. The residents are required to collect mail at community boxes located on Line 6 by Horseshoe Valley Road. The addition of a 1976.3 square foot structure with driveway access that is not in accordance to by- laws lacks a concern for safety. Respect for the use of private property is respected provided variances meet the by-laws. Realizing variances are required at times, these variances are numerous and require significant alterations. Is the intent for short term rental, a business or the severance of this lot as a primary dwelling. As this structure has a dwelling and garage while the primary residence is in possession of a current garage and an additional out- building brings us to questioning the intent of this structure and the danger of precedent setting. there is a contradiction with Section 5.1.1 and Section 5.4. We are adamantly opposed to approving this application for these variances. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Proposed Site Plan and Detail Schedule 4: Applicant's Elevation and Section Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-03 be approved, specifically to permit the construction of a detached accessory building containing an Development Services March 1, 2023 Report No. DS2023-017 Page 14 of 21 Page 81 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... additional dwelling unit, on lands municipally known as 67A Huronwoods Drive, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS and conforms to the Growth Plan. Respectfully submitted: Derek Witlib, MCIP, RPP Acting Director, Development Services Development Services March 1, 2023 Report No. DS2023-017 Page 15 of 21 Page 82 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... Schedule 1: --VaseyRd,— 1 2 -Mann--Rd. 46 4 49 51 A MOResnoe-VA.,Rd, 50 O 6 om•s�e•Rd. s \ � v 60 s@� $ N'.u. 55 13 1 Rid9e.+A9a 62 11 57 18 59 17 61 i 63 65 19 73 66 71 21 67 69 23 79 68 27 Huronwoods Dr. 70 29 76 72 80 82 e 14 �07 10 84 9G. i' 12 86 14 15 88 90 16 Location ® Subject Lands TotvnsI- )f Proud Heritage,Exciting Future 0 100 m File Number:2023-A-03 /�" I i i i Development Services March 1, 2023 Report No. DS2023-017 Page 16 of 21 Page 83 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... Schedule 2: —V—y Rd,- 49 •Maonsto e-RA.,^,,t ¢� 8 Ho ¢she¢ValleyRd _ 60 O' ald.R�rieRd� 55 —RidgerA 57 III 59 61 — 63 65 9 66 73 71 67 21 69 79 68 r-. Hur0nw00ds 1) 70 76 7z 60 t K. - 82 O� 14 r Aerial Photo 0 Subject Lands Toturtsktp of �'"�� Proud Heritage,Exciting Future 0 100 m File Number:2023-A-03 I p I I I Development Services March 1, 2023 Report No. DS2023-017 Page 17 of 21 Page 84 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... Schedule 3: Site Plan and Detail �I - - - - - - - s SEE CK A-101 .ram # r E � � 1 Idr+l S 4 # � 1 � Development Services March 1, 2023 Report No. DS2023-017 Page 18 of 21 Page 85 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... K� 21 A CTL tv 006 6, Front yard setback to accessory E 124 building(retaining 13n , 1wkr, K wall) r°` ' A=7T. g PCP ` D' AY 125 A=2175 M20PCLy 1 C 212r Paa WASI GvE 1 x y wnr w® 111871 .,lL`5 �` n 0. D 147 126 00 5307 1Z ( I � 172 - 17.so OG_ 5 Front yard °G NB8 12i5 W 1d� ,, setback to accessory N 41 _ ° building 0 OG (garage/suite) Mrs Z 4 \ `h \ 00 OG 187 or. �m Retaining oG or wall oa In#erior Leo side yard OG � ' IB5 setback 105OG oc 19P SF€D Schedule 4: Elevations and Section Development Services March 1, 2023 Report No. DS2023-017 Page 19 of 21 Page 86 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... _ _ _ T ®, M.lm. .-.-,-.- 1100 ®E ®El In® ----- - ® ® ®® ®® ®® ME EMT Structure to be built into the hill. C AWI[FASCIA s�WBOARD 2Rae_._ _. ._._ 32dW — ——_ —.—.—— i aa—.—._._._._._._.—._._._.L._.—._._._._.—.... — _._._._ . . zap_._-------,......_._._.L._._._._._._._,_._. _.__._ ._._.M �zc - - - -- - — —- - — — } — — — — — — — —---————————————— — - ------ Development Services March 1, 2023 Report No. DS2023-017 Page 20 of 21 Page 87 of 276 6.b) 6.10 p.m. DS2023-017, Derek Witlib, Acting Director, Development Se... I -._._.------_._ ._ -.-. - - - - - - - - - - - - - - - - - - - - - 4 - - - i i — i i R-80IN 1ATIO'N 6 ML POLY V3, - -- V2'GYP"BOARD — —._. _._._._. .—.—.—.—.... — — — — —�— — — — — _._ _ - 2 nd suite — -— —-— - ----- - - - - - - - - - - - - - - - - - - - - TFE CONSPUCIr-N BET'PrESV 1FE ATl"ACHED GARAGE AT D'+ 1LN3 -_____ UNT SHALL PROVIDE AN EFFECTIVE -- - - - - - = garage — - - — -------------------------------------------------------- o ' section `BQ SCALE:va=r-U Development Services March 1, 2023 Report No. DS2023-017 Page 21 of 21 Page 88 of 276 Minor Variance Application (2023-A-03) Nicoletta Location: 67A Huronwoods Drive Zoning: Residential One Exception - ' 202 (R1 *202) - N o ! 94p`s /Tli g W i Official Plan: Rural Settlement -�Al" Area of Sugarbush �f _ 7- 9 Current Use: Residential ��i`� P ®�qen m n 00 co O O � Township of Pra d Hrriingr,E-iiing Ferliirr �_ O 3 .-f V! 5D Minor Variance Application (2023-A-03) Nicoletta Purpose: The applicant is proposing to construct a detached accessory building o (detached garage) containing an upper level accessory dwelling unit. The 3 applicant is seeking relief to the following sections of Zoning By-law 97-95, as o amended: N 0 N Detached Accessory Building W O Section 5.1.1—Uses Permitted in Detached Accessory Buildings and Structures v Required: Proposed: 0 No detached accessory building or To allow for an accessory dwelling unit in CD accessory structure shall be used for a detached garage CD human habitation C� Section 5.1.3 a)Not be located in the front yard. 7 Required: Proposed: D Not be located in the front yard To be located in the front yard with a 3.37 0 metres(11.0 feet)setback cQ � p cQ Section 5.1.4 Maximum height m CD !ao Required: Proposed: 0 0 4.5 metres(14.76 feet) 6.98 metres(22.87 feet)4 CD 0') Oownship of 0 tT < Praiir(Hrri�nRr,Ezrifing Ferliirr 0 0 3 0 .-f CD 0 Minor Variance Application (2023-A-03) Nicoletta Cr Purpose (cont'd): o Section 5.1.6 Maximum floor area _P 3 Required: Proposed: p 70.0 square metres (753.5 square feet) 1st floor: 91.8 square metres(988.1 square N feet) o 2nd floor: 91.8 square metres (988.1 W square feet) 0 Total: 183.6 square metres(1976.3 square J feet) 0 CD m Table B1 —Front yard setback, R1, Exception 202 Required: Proposed: Cr 6.0 metres (19.7ft) 3.37 metres (11.0 feet) D n =' Table B1 —Interior side yard setback, R1, Exception 202 cc � p CD v Required: Proposed: CD 4.5 metres (14.7ft) 3.05 metres (10.0 feet) o N 4 CD fp rn OToumship of ft < P,,,,d HnHMg,.Es W,%Femur (D O 3 CD .-f V! 5D Minor Variance Application (2023-A-03) Nicoletta Cr Purpose (cont'd): o Accessory Dwelling Unit _P 3 Section 5.4 c) Maximum Floor Area of Apartment Dwelling Units Accessory to a Single Detached 0 Dwelling No Required: Proposed: w 70.0 square metres (753.5 square feet) 127.24 square metres(1369.6 square feet) o v Retaining Wall associated with Detached Accessory Building—For the purposes of the Zoning By-law a retaining wall with a height 0 of 1.0 metre(3.2 feet)or more is considered an accessory structure and is subject to the provisions of Section 5.1 m Section 5.1.3 a) Not be located in the front yard. Required: Proposed: Cr Not be located in the front yard To be located in the front yard with a 0 D metres (0 feet)setback 0 =' cQ v Table 131 —Front yard setback, R1, Exception 202 0 m CD Required: Proposed: 0 6.0 metres (19.7ft) 0 metres (0 feet) Township of CD G Praiir(HrrinRr,Ezrifing Ferliirr 0 0 3 0 .-f V! 0 Minor Variance Application (2023-A-03) Nicoletta rn Cr Aerial Photo: p 67 5B III ,7 - �j 61 65 CO 9 V N 3 66 0 71 W 21 � 0 9 � 9 68 J 0 Hur°nw° ds Dr. CD CD 0 76 .-f 2 7 80 D 0 =' 82 (Q — � CD r9 !a w 84 0 0 OAfi 15 19 ��{ 0 '' Qi�oG=�2�Pi < Pr—d Heritage,Exciting Fufurr T- o 3 CD .-f V! CD Minor Variance Application (2023-A-03) Nicoletta Cr Existing Zoning: Maxim --_ o R 3 o CD e T W O 1 �I 0 CD Monawk e`\ herrY Tr. vroo Hurontls r \Yj Subject Lands L D 9 0 o rtr rss R1 (Residential One) �3- A/RU (Agricultural/Rural) cc CD OS (Open Space) �`¢ °-- o o F-I PR (Private Recreational) a., 4 rav.wp�2tPis�CD rn < Pt—d Heritage,Exciting Future T- o 3 CD V! 5D Minor Variance Application (2023-A-03) Nicoletta Township Official Plante o Land Use: 0 CD 8 N W O _ v Subject Lands o Oro Moraine Boundary Monaw�'- Q Oro Moraine Planning Area �u�oawood� r 0 Rural D 0 0 Agricultural 9 0,9 � Zo Residential p. 0 Oro Moraine Core/Corridor Area C.no��a o o 7-7 Oro Moraine Enhancement Area. vT—hip�r,�� __��__ rn '�CUf2tPi < Proud Heritage,Exciting Fufurr 0 0 3 0 .-f V! 0 Minor Variance Application (2023-A-03) Nicoletta Township Adopted Official Plan w;, � r - o � � Land Use. �o,-.,��,�� . 0 CD \ N O I �� J Hur nwootls � CD o i Monacaµµ Cherry_ « Subiect Lands - D Q Oro Moraine Boundary GreenlandsCo (D CD 0 Rural D sugarhuah Rd. o Rural SettlementsCD IV 0 01F G Prai�r(HnilnRr,Esrrlinq Ferhirr (D 0 3 (D .-f V! (D Minor Variance Application (2023-A-03) Nicoletta County of Simcoe Official Plan -° �- o Land Use: � P tl- o CD N 3 O N _ W O v 0 (D nye H,ohawkNe`9� H.roawooas or. 7 Subiect Lands _ D 0 9a Settlements 0 Greenlands (D o - Rural all s 0 OfTo umship of rn t < Prai,r(HnHMg,,Es W,%Ferhirr (D O 3 .-f V! 5D Minor Variance Application (2023-A-03) Nicoletta Cr Applicant's Site Plan: o ° �00 Fmnt yard setback [o accessory f r •� q•C building(retaining wall) CO � N O • t Z07 proposedCD f Front f f ,w pccesso�y ya d Ao -f 1 f}111�C�IIIg„ setbackm \ accessory .'�. ( r.a 1.a,. ._ _.::::r1• building ,--f yc. \ (garage/suite) 41 � Retaining 0• ✓✓✓ wall D / Inlenor � / setback m �• � CD n 00 O O � N T-1;p j CD Pra d HrH1,ig,•E-iimg-Ferliirr CD O 3 CD V! 5D Minor Variance Application (2023-A-03) Nicoletta Cr Applicant's Elevations: o 3 0 CD N O ------------- O CD - --- CD tI - VF117 ------ T71171111 C - - - Im ®. ................... I LI rR — u3m > Ta wg ® � --- ® ®OT-- mm - -- - 0 m 1 m co O 0 .n vTow�hip I (D rn O/ < Pr—d Heritage,Exciting Fufurr T- o 3 CD .-f V! 5D Minor Variance Application (2023-A-03) Nicoletta Cr Applicant's Elevations: o Structure to be -i ------- ------------ builtintothehill -__*________ _ _ ________r-_- CI) r a row I rem.---------------------- __----------------___F__ ------- - ---- -i - ---- ----E °---- _ -- naa._._. ._ --_. . -- - sodwb_..------- - T -- --. CD rem------_-_----------- -_------- ----_ ---- - -- -% CD . . - --- =------------------- --- -— 2W4.-.-.-.-.-.-.-.-.-----._.i.-,-._._._.-._.-.-. .- - --- -'-'- = 9wBe Cr i '-- -- — --——————————————— D �� CD (D ------------- --------------------------------------------------r--------------- LL� CDI n O O O _.n CD 01' Praiir(HrrirnRr,Ezrifing Ferliirr �_ 0 CD .-f V! 5D Minor Variance Application (2023-A-03) Nicoletta ;4 s rn I 1 CD O O CD CD 0 v Looking North on Huronwoods Drive Looking South on Huronwoods Drive o CD 0 AIN{ 6CD o r rn ��t < Pra::r(Hrri�nRr,Ezrifing Ferl:irr CD 0 3 CD .-f V! 5D Minor Variance Application (2023-A-03) Nicoletta o Y CO 0 r ease ' o N CD n La cQ Notice sign posted Existing dwelling CD �0 < Pr—d Heritage,Exciting Fufurr T- o 3 CD .-f CO 5D Minor Variance Application (2023-A-03) Nicoletta ;4 s rn I 1 CD O O CD CD 0 v Looking North on Huronwoods Drive Looking South on Huronwoods DriveCD o o W 0 CD { o r rn ��t < Pra::r(Hrri�nRr,Ezrifing Ferl:irr 0 0 3 0 .-f V! 0 Minor Variance Application (2023-A-03) Nicoletta Cr Recommendation: Approve 0 It is recommended: 3 0 1. That Report No. DS2023-017 be received and adopted. N 0 2. That Minor Variance Application 2023-A-03 by David and Danielle Nicoletta, specifically to permit a two-storey detached N accessorybuilding detached garage)containing an upper level accessory apartment dwelling unit with the following variances: w 9( 9 9 ) 9 pp Y p 9 9 ' a) Accessory apartment dwelling unit in an accessory building; 0 b) Accessory building in front yard with a minimum 3.37 metres(11.0 feet)front yard setback; J c) Maximum height of 6.98 metres(22.87 feet); 0 d) Maximum 1st floor: 91.8 square metres(988.1 square feet), maximum 2nd floor: 91.8 square metres(988.1 square feet), m maximum total floor area: 183.6 square metres(1976.3 square feet); e) Maximum floor area of apartment dwelling unit 127.24 square metres(1369.6 square feet); f) Minimum interior side yard setback for accessory building of 3.05 metres(10.0 feet); g) Retaining wall to be located in the front yard with a 0 metres(0 feet)front yard setback; Cr on lands municipally known as 67A Huronwoods Drive, be approved,subject to the conditions as outlined in Report DS2023-017. D n =CO � cQ v 0 m CD. n 0 o Toumship ofCD %0 rn 0ftQiaB < Prair(HnilnRr,Esrrlinq Ferhirr (D O 3 CD .-f V! 5D Minor Variance Application (2023-A-03) Nicoletta Recommendation (cont'd): Approve o 3. The conditions are as follows: _P a) That notwithstanding Sections 5.1.1, 5.1.3,5.1.4, 5.1.6 and Table B1,the development shall otherwise comply with all other applicable provisions of the Zoning By-law; p b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the N application and sketches submitted and approved by the Committee; p c) That the proposed accessory building or accessory apartment dwelling shall not be used for a home industry,for W commercial purposes or for temporary accommodation for any period of 28 consecutive days or less throughout any part o of a calendar year; d) That the applicant apply for an obtain a Driveway Entrance Permit for a driveway that conforms to Township standards, v including that the potion of the driveway within the municipal road allowance not exceed 6 metres in width; 0 e) That the owner provide the Township with a written acknowledgement that the adjacent Township-owned property at 64 cD Huronwoods Drive houses a water booster station and generator which creates noise and that the generator and ( associated equipment will not be muffled for further noise reduction; 7- f) That an Ontario Land Surveyor verify by pinning the foundation wall and retaining wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing,the foundation and retaining wall,that the '- detached accessory building is located no closer than 3.37 metres(11.0 feet)from front lot line and no closer than 3.05 7 metres(10.0 feet)from the interior side lot line and that the retaining wall is located no closer than 0 metres(0 feet)from D the front lot line and does not encroach onto the Township road allowance; 0 g) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, Septic System Permit or Septic Verification and =3 Building Permit be obtained from the Township only after the Committee's decision becomes final and binding,as provided cc for within the Planning Act R.S.O. 1990,c.P. 13. CD (D 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature.(YIo o >p rn 0;Toumship of < Prair(HnilnRr,Esrrlinq Ferhirr N_ 0 .-f CD 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re:... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-012 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # March 1, 2023 Minor Variance Application 2023-A-04 Roll #: Pamela and Lawrence Hill R.M.S. File #: 4346-010-011-03000 246 Line 11 South D13 60961 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-012 be received and adopted. 2. That Minor Variance Application 2023-A-04 by Pamela & Lawrence Hill specifically for permission to build an addition to their existing detached accessory building (garage) with a reduced rear yard setback of 1.2 metres (4.0 feet), an increased height of 4.6 metres (15.1 feet), an increased lot coverage of 8.2% and an increased floor area of 137.5 square metres (1,480 square feet) on lands municipally known as 246 Line 11 South, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-012. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 (b), Section 5.1.4, Section 5.1.5 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 applicant maintains and preserves the existing vegetative buffer along the north interior side lot lines, or replaces with a similar vegetative buffer if destroyed; e) That the existing lean-to and metal structure be removed or demolished upon obtaining occupancy for the detached accessory building addition; f) That an Ontario Land Surveyor verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is located no closer than 2.0 metres from the interior side lot line and no closer than 1.2 metres from the rear lot line; and, Development Services March 1, 2023 Report No. DS2023-012 Page 1 of 13 Page 106 of 276 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re:... g) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.17 hectares (0.42 acres) and contains a 182.1 square metres (1,960.0 square feet) single detached dwelling, a 92.9 square metres (1 ,000.0 square feet) detached accessory building, a 20.9 square metres (225.0 square feet) lean-to and a metal detached accessory building. 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 their existing detached accessory building (garage). The applicants are seeking relief to the following sections of Zoning By- law 97-95: Section 5.1.3 b — Minimum rear yard setback for an accessory building Required. Proposed: 2.0 metres 6.6 feet 1.2 metres 4.0 feet Section 5.1.4 — Maximum Height Required. Proposed: 4.5 metres 14.7 feet 4.6 metres 15.1 feet Section 5.1.5 — Maximum Lot Coverage Required: Proposed: 5% 8.2% Section 5.1.6 — Maximum Floor Area Required. Proposed: 70.0 square metres 753.5 square feet 137.5 square metres 1,480.0 s are feet The applicant's site plan, elevation drawings and floor plan 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. Section 1.1 .4 — Rural Areas is Development Services March 1, 2023 Report No. DS2023-012 Page 2 of 13 Page 107 of 276 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re:... applicable to this application, as the subject lands are located within a rural settlement area (Hawkestone). Specifically, Section 1 .1.4.2 states that rural settlement areas shall be the focus of growth and development. Planning Staff is of the opinion that the proposed addition to the existing accessory building is consistent with Rural Areas policies of the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application, as the subject lands are located within a rural settlement area (Hawkestone). 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. Although there is a woodland to the rear of the subject lands, the Natural Heritage System for the Growth Plan excludes lands within settlement area boundaries that were approved and in effect as of July 1 , 2017 (Growth Plan Section 4.2.2.1) and would be applicable to the subject lands. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory building addition is not anticipated to have any adverse impacts on any key natural heritage features. County Official Plan The property is designated Settlements in Simcoe County's Official Plan. The Settlements designation is the focus of population growth and seeks to develop a compact urban form that promotes the efficient use of land. The subject lands are located within a rural settlement area (Hawkestone) and in Planning Staff's opinion, the proposed addition to the existing detached accessory building is consistent with the County's Official Plan as it is accessory to the existing permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy Development Services March 1, 2023 Report No. DS2023-012 Page 3 of 13 Page 108 of 276 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re:... 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 Hawkestone Residential Area in the Township's Official Plan (1997) and designated Rural Settlements in the Township's Adopted Official Plan (2022). Permitted uses in these designations include single detached dwellings and by extension accessory uses, such as detached accessory buildings. The proposed variances conform to the general intent and purpose of the Official Plan as the applicant is proposing to build an addition to the existing detached accessory building, which is accessory to a permitted residential use in the Hawkestone Residential Area and Rural Settlements Designations. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97- 95. 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 a reduced rear yard setback, an increased maximum height, an increased lot coverage and an increased floor area to provide additional storage space. Detached accessory buildings are subject to maximum size restrictions to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot, and to prevent over-development that would detract from the rural settlement character of the area. The applicants are proposing to build a 44.6 square metres (480.0 square feet) addition to their existing 92.9 square metres (1,000.0 square feet) one-storey detached accessory building, for a total building floor area of 137.5 square metres (1,480.0 square feet). The proposed total floor area of the detached accessory building is smaller than the existing single detached dwelling Development Services March 1, 2023 Report No. DS2023-012 Page 4 of 13 Page 109 of 276 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re:... which has a gross floor area of 182.1 square metre (1,960.0 square feet) according to the MPAC records. The applicants have also requested to increase the maximum lot coverage from 5% to 8.2% to accommodate the proposed accessory building addition. Through discussions with the owners, they confirmed they will be removing the lean-to and metal structure next to the existing accessory building. Since they were not included in the total lot coverage calculation, Planning Staff have recommended as a condition of approval that the owners remove or demolish the existing lean-to and metal structure upon obtaining occupancy for the detached accessory building addition. In Planning Staff's opinion, the proposed location of the accessory building behind the dwelling, combined with the accessory building's smaller size and the proposed use of the building as a garage and for storage, will help ensure that the accessory building will remain secondary and subordinate to the primary residential use. The height of a detached accessory building is measured from average grade to mid- roof. The applicants have requested an increase in height from 4.5 metres (14.8 feet) to 4.6 metres (15.1 feet). In Planning Staff's opinion, the proposed increase in height of 0.1 metres (0.3 feet) is minimal as it is not believed to have a significant impact on the overall appearance of the structure. The applicants have also requested to reduce the rear yard setback from 2.0 metres (6.6 feet) to 1.2 metres (4.0 feet). The existing detached accessory building is non- complying as it is located 0.05 metres (0.2 feet) from the rear lot line. Planning Staff have no concerns with the requested rear yard setback for the addition as they have set it back further from the rear lot line than the existing accessory building. Based on the above, Planning Staff is satisfied that the detached accessory building addition 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. Upon site visit, Planning Staff noted that only the addition will be visible from the road as the existing detached accessory building is located directly behind the dwelling. The existing accessory building and proposed addition will not be visible to the neighbours to the west and north as there is dense vegetation along the north lot line and on the neighbouring property to the west, however, it will remain visible to the neighbour to the south as the existing fence will not completely block it from view. Due to the location of the accessory building behind the dwelling and the screening from view, Planning Staff believe that it is appropriate within this context. A similar structure may not be supportable on every property within this neighbourhood depending on size, location and screening from view. Planning Staff recommend that as a condition of the minor variance, the applicants maintain and preserve the existing vegetative buffer along the north interior side lot line, or replace with a similar vegetative buffer if destroyed, to ensure that the accessory building remains screened from view from the neighbouring property. Development Services March 1, 2023 Report No. DS2023-012 Page 5 of 13 Page 110 of 276 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re:... The existing detached accessory building is being use as a garage for the homeowner's hobby restoring old vehicles. The owners have confirmed that they are not operating a business out of the garage. To ensure the detached accessory building is to be used as a garage for storage and for the homeowner's hobby, Planning Staff have recommended as a condition of the Minor Variance that the detached accessory building shall not be used for human habitation, commercial purposes or for a home industry. In the event that their hobby turns into a business, they would require a Zoning By-law Amendment to permit this use. Prior to issuance of a Building Permit, the owner will be required to prepare an Engineered Lot Grading (ELG) Plan, that is subject to municipal approval. The ELG plan will ensure that water drainage resulting from the proposed building 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 development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the existing detached accessory building and proposed addition are secondary and subordinate to the primary residential use on the lot and the addition is not anticipated to have any adverse impacts on the neighbouring properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services March 1, 2023 Report No. DS2023-012 Page 6 of 13 Page 111 of 276 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re:... Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Infrastructure and Capital Projects — No comments. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Schedule 5: Floor Plan Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-04 be approved, specifically to permit construction of an addition to the existing detached accessory building with a reduced rear yard setback of 1.2 metres (4.0 feet), an increased height of 4.6 metres (15.1 feet), an increased lot coverage of 8.2% and an increased floor area of 137.5 square metres (1,480.0 square feet) on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andy Karaiskakis, RPP February 23, 2023 Senior Planner Derek Witlib, MCIP, RPP Acting Director, Development Services February 23, 2023 Development Services March 1, 2023 Report No. DS2023-012 Page 7 of 13 Page 112 of 276 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re-... Schedule 1: Location Map --Va ,-Rd, 129 -MoonstoneRd. How.rs hoe-Yalley-Rd. 6 Old•8arrie•Rd. `4 Ridger 220 219 fA r c 227 J 1656 244 235 1632 1644 1544 246 1fi14 1626 252 1530 260 36 32 Ridge Rd. 281 276 2 1583 29 1553 1567 1577 284 285 4 28 1667 289 y 25 8 294 = 293 y 12 22 a 14 28 298 299 23 16 18 22 24 26 304 305 20 19 310 309 John St. 17 13 _ Cedarbrook Cres. 15 17 1 19 21 23 25 3 1 IF 16 5 Location �4 ® Subject Lands Tatunshi. Proud Heritage,Exciting Future 1!J 0 100 m File Number:2023-A-04 I i i i Development Services March 1, 2023 Report No. DS2023-012 Page 8 of 13 Page 113 of 276 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re'... Schedule 2: Aerial Photo —Vasey Rd :yam -Mo s.-Rd\,� Hnrsesloe-Palley-Rd� �� OId9arrie-Rd1 d "+.Rid4erA zzo I21s V, .. 6 i C P 63 - 235- r 1544 _- 1626 60 � 26Q JL� 32 Ri dge Ftd-:E 2s1 _ ..� 1583 � 85 29 1553T567 1577 284,-__ 2 28 N •2B9 ?� 1.2 294 28 - 293 1G 15 18 22 24 26 22 298 i r 299 23 Aerial Photo t ;4 ® Subject Lands Township of Proud Heritage,Exciting Future 0 100 M File Number:2023-A-04 N I I I I Development Services March 1, 2023 Report No. DS2023-012 Page 9 of 13 Page 114 of 276 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Applicant's Site Plan GWMOZ r � r + fcr Mu fAH SIB- 1P3a0� N s PAA7 f PLAN SIR— IJ833 Y F n f a l0.n O j. vAar Y PLAN 37R f a .13G �I I Lu . FMir. No ftfJ73! 30 U i y.dw pM 1YW!►ttlwl 47. � v rac r YMft Existing garage z { HN 777 ii 1 � Gy M . � •, !L tv 0 .:� � fk' -pia " �► . f'"" Iwsait r,u wn a�nrW c:: I c, Proposed addition ,0 !. o ' cl Site Plan ToffYJI ')f Proud Hrrit¢Qe,F.xcrtin,Q Faure File Number:2023-A-04 Development Services March 1, 2023 Report No. DS2023-012 Page 10 of 13 Page 115 of 276 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Elevation Drawings �tm npy�cc�d,'s7..v. Elevation Drawings Tvuwship of P—d Haht g,,F—ithw F"N' File Number.2023-A-04 Development Services March 1, 2023 Report No. DS2023-012 Page 11 of 13 Page 116 of 276 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Elevation Drawings (Continued) �tL[P �r'p�1,,,7rOh f.3rr re-4uf a n feAr re"'i dy I Il�i �yy{-gyp Elevation Drawings r,tt,rsfp�� 11—d Hsrit.R,F—iring F"w" File Number:2023,A-04 Development Services March 1, 2023 Report No. DS2023-012 Page 12 of 13 Page 117 of 276 6.c) 6.20 p.m. DS2023-012, Catherine McCarroll, Intermediate Planner re:... Schedule 5: Floor Plan I o7•aS"A I I t�.aY P i ±�1rF ©�n e Lv /l.a�`r'►°r e r..�►a id Pu�+F'� 4',5`7►� Floor Plan Proud Heritage,Exritin4+Fixture File Number.2023.A-04 Development Services March 1, 2023 Report No. DS2023-012 Page 13 of 13 Page 118 of 276 Minor Variance Application (2023-A-04) Hill Location: 246 Line 11 South o Zoning: Residential One (R1 ) �agaR° o Official Plan: Hawkestone Ridge=Rd. -E=== Residential Area N Cetlarbrook Crest Jo n•" Current Use: Residential a i =3 (D Mail a.. n O v Q =3 _ (D 3 O (D Toumship of Praiir(HrrinRr,Ezrifing Ferliirr Minor Variance Application (2023-A-04) Hill Purpose: The applicants are proposing to build an addition to their existing o detached accessory building (garage). The applicants are seeking relief to the P following sections of Zoning By-law 97-95, as amended: o Section 5.1.3(b)—Minimum rear yard setback for an accessory building N O N Required: Proposed: W 2.0 metres(6.6 feet) 1.2 metres(4.0 feet) O N Section 5.1.4—Maximum Height 0 v Required: Proposed: CD 4.5 metres(14.7 feet) 4.6 metres(15.1 feet) (D Section 5.1.5—Maximum Lot Coverage 0 Required: Proposed: n 5% 8.2% O_ v Section 5.1.6—Maximum Floor Area .� oCD Required: Proposed: 0 70.0 square metres(753.5 square feet) 137.5 square metres(1,480.0 square feet) 3 CD 0 Toumship Prair(HnilnRr,Esrrlinq Ferhirr CD CD Minor Variance Application (2023-A-04) Hill Aerial Photo: 22! - 2,9 N Ul' 227 f, d 235 CO 3!1-. 164. N p O i44 W i O 1614� 1626 N r-f • 20 � z6o N 36 =3 32 (p I T• Ftd.E_ zat R d9e 0 z,76 n 1553 N1'56, 5 284 � •2a5 , O 2fl N (Q �,r�r289 N zs4 N 14 16 18 22 26 28 293 CD 24 �.., .299 22 23 O' ,moo _ Q Township Pr—d Heritage,Exciting Fu,urr CD CD Minor Variance Application (2023-A-04) Hill Existing Zoning: o 3 .,w.., CD H u N .,°°.I, O _ W u O N Subject Lands °° 0 ./°° R1 (Residential One) 0 m �- R2 (Residential Two) Ritlg Rd.E- m — LI (Local Industrial) _ LC (Local Commercial) `°"°' °""°` = v F A/RU (Agricultural/Rural) _ vco - — _ EP (Environmental Protection) N N I� OS(Open Space) Tcjr1 - 3-% o I (Institutional) N , � CD4 v�zrvKacvicwci w Arard H,,Uq,.E-i,i°g Fw— CD w CD Minor Variance Application (2023-A-04) Hill Township Official Plan w:; o Land Use: @� N O N _ W i Y O N v rJ Subiect Lands _ CD Ridge Rtl.E. QEnvironmental Protection Two m Rural n CetlStW°ak Cres. Agricultural - Environmental Protection One C Hawkestone Expansion Area MMl CD w Hawkestone Residential Area 3-% 0 +' �Q 7,.—hip rIj rn of Praiir(HrHMg,E-riri°,q Ferliirr CD CD Minor Variance Application (2023-A-04) Hill Township Adopted Official Plan o Land Use: CD N O N O N n �ad9j CD 'Ridge Rtl.E.- (D Subject Lands Agricultural Cedarb—k Cres. John 5t 2- CD Greenlands \ _ m Rural Settlements m 0 �Q r u.uh;n I Praiir(HrrirnRe,Ezrifing Ferliirr PO CD CD Minor Variance Application (2023-A-04) Hill County of Simcoe Official Plan o Land Use: 3 o N ei O N W O N n v �a9e (D Ridge Rd.E. Subject Ldnds c� v Agricultural ° � cetlaroroox cres_ Settlements m Greenlands 3 �m Pr—d Heritage,Ex Weg Fufurr Minor Variance Application (2023-A-04) Hill /y Applicant's Site Plan: O PLAN !rN-{JJ so V! ————————— N a. I$ E O I PLAN '^ r N �N It;Otf1 II i � W 1 O • � S Exis�Gng garage 7F� NNrvM .. IJrles It 1 N 6 a } =' - m n nur`ai xa NIL. n Proposed addition f o (D CY) ———————— _ '� ,CD vTownship { s Pr—d Heritage,Exciting Fulurr CD CD Minor Variance Application (2023-A-04) Hill Applicant's Elevations: o CD N O N W new 0 �7L�t 6'�a✓�.-fos. N (D 0 ®3 !•dim N m � ig.s i1 / 1 k3-t new ae�d.'riw. � O v (D � N N v O (D T—hip of Araard HnilnRr,Ezrifing Ferliirr CD CD Minor Variance Application (2023-A-04) Hill Applicant's Floor Plan: o 3 o � N O 1 09.0�wt O I N I 7-W4 (D I �.ay p�•,� � CD i n (D 41ci hk a�•F�rs'>rl rt��x r�,r�c_CO�,Id iza�F�3:35 uti CD N xt�5tln�S W:ll rwk Lka z^ � CD CO O (D N) Q Toumship of Praiir(Hrri�nRr,Ezrifing Ferliirr CD CD Minor Variance Application (2023-A-04) Hill - o N O _ O *�' N (D , (D y,. 00 v Looking North along Line 11 South Looking South along Line 11 South CD CD 3 Q CD Pr-d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-04) Hill O CD Iry W Variance Applrcatron2U23-A-04 ,JIIIIIII -� TowasniPororo-nreaoare j{� �] N (D 0 CD Cj (D O Notice sign posted �' CD T--hip f rn Pra;;rr HrrirnRr,Ezrifing Ferl;,rr CD CD Minor Variance Application (2023-A-04) Hill r - O CD y� O O ri Illlllllillll ll�llllllllllllllo�� l�rw f TCD m 0 n v v Existing Detached Accessory Existing Single Detached Dwelling W Building CD CD Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-04) Hill MIII V+ ,xiAL CD t� d - o �r++, WW N CD CD =3CD n n v o W Existing carport to be demolished and CD Q replaced with the garage addition Q Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-04) Hill 0 4 r t N O A01 CD d 4 cu ;✓ = n v Fence along the south interior side Vegetation along the north interior W lot line and vegetation to the rear of side lot line screening the garage the property from view -011 Me Q ToumA of '��^ 53, Prair(HnilnRr,Esrrlinq Ferhirr CD CD Minor Variance Application (2023-A-04) Hill Recommendation: Approve o It is recommended: _P 3 1. That Report No. DS2023-012 be received and adopted. 0 2. That Minor Variance Application 2023-A-04 by Pamela&Lawrence Hill specifically for permission to build an addition to their 0) existing detached accessory building(garage)with a reduced rear yard setback of 1.2 metres(4.0 feet),an increased height of N 4.6 metres(15.1 feet),an increased lot coverage of 8.2%and an increased floor area of 137.5 square metres(1,480 square feet) on lands municipally known as 246 Line 11 South,Township of Oro-Medonte, be approved subject to the conditions as outlined W in Report DS2023-012. O 3. The conditions are as follows: K j a) That notwithstanding Section 5.1.3(b),Section 5.1.4,Section 5.1.5 and Section 5.1.6,the proposed detached accessory building addition shall otherwise comply with all other applicable provisions of the Zoning By-law; n b That the proposed detached accessory building addition be substantial) and proportionally in conformity with the p p Y 9 Y p p Y� Y '-' dimensions as set out on the application and sketches submitted and approved by the Committee; N c) That the detached accessory building shall not be used for human habitation,commercial purposes or for a home industry; M. d) That the applicant maintains and preserves the existing vegetative buffer along the north interior side lot lines,or replaces CD with a similar vegetative buffer if destroyed; Z-1 e) That the existing lean-to and metal structure be removed or demolished upon obtaining occupancy for the detached 0 accessory building addition; f) That an Ontario Land Surveyor verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing,the foundation,that the detached accessory building is located O_ v no closer than 2.0 metres from the interior side lot line and no closer than 1.2 metres from the rear lot line;and, cc g) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township =3 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. 3 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. (D Q (]Township Prair(HnilnRr,Esrrlinq Ferhirr CD CD CD 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re: Minor Va... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-013 Development Services Andy Karaiskakis, Committee Senior Planner Meeting Date: Subject: Motion # March 1, 2023 Minor Variance Application 2023-A-05 Roll #: Jonathan Halliday and R.M.S. File #: 4346-020-006-00705 Kimberly Solorzano D13- 161 Eady Station Road Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-013 be received and adopted. 2. That Minor Variance Application 2023-A-05 by Jonathan Halliday and Kimberly Solorzano specifically to permit the construction of an addition (attached garage) to the existing single detached dwelling with a reduced interior side yard setback of 1.2 metres (3.9 feet), on lands municipally known as 161 Eady Station Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-013. 3. The conditions are as follows: a) That notwithstanding Table B4-B of Zoning By-law 97-95, the proposed single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the dwelling addition is located no closer than 1.2 metres (3.9 feet) from the interior side lot line; and, d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services March 1, 2023 Report No. DS2023-013 Page 1 of 14 Page 135 of 276 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re: Minor Va... Background: The subject lands are located on the south side of Eady Station Road and have a lot area of 0.2 hectares (0.5 acres). The lands currently contain a single detached dwelling and several accessory buildings (refer to Schedules 1 and 2). The applicants are proposing to construct an addition (attached garage) to the existing single detached dwelling and are requesting the following variance from Zoning By-law 97-95, as amended: Table 134-13 — Minimum Required Interior Side Yard Setback for Single Detached Dwellin Required: Proposed: 4.5 metres 14.7 feet 1.2 metres 3.9 feet The applicants' site plan, floor plan and elevation drawings are included as Schedules 3, 4 and 5 to this report. Analysis: 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, the policies pertaining to Rural Areas (Section 1 .1.4) is applicable to this application. This application represents limited development that is consistent with the PPS with respect to Rural Areas. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed dwelling addition conforms to the Rural Areas policies in the Growth Plan. County Official Plan The property is designated Agricultural and Greenlands in Simcoe County's Official Plan. The existing dwelling is located in the Greenlands designation, and as such, the policies of the Greenlands designation are applicable as they affect the subject application. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." Section 3.8.16 speaks to legally existing uses which are recognized and permitted to continue in the Greenlands designation. The residential use of the property is an existing use and the proposed development is an expansion to this permitted use. In Planning Staff's opinion, the application conforms to the County's Official Plan. Development Services March 1, 2023 Report No. DS2023-013 Page 2 of 14 Page 136 of 276 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re: Minor Va... 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 (OP) 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. Current Township of Oro-Medonte Official Plan The subject lands are designated Agricultural in the Township's Official Plan (refer to Schedule 6). Permitted uses in the Agricultural designation include single detached dwellings and by extension accessory uses, including detached accessory buildings. The proposed variance has been requested to accommodate an addition to the existing dwelling. As such, Planning Staff are of the opinion that the application conforms to the current Official Plan. Adopted (not yet in effect) Updated Official Plan The Township's adopted (not yet in effect) updated Official Plan (OP) designates the subject lands as Agricultural and Greenlands (refer to Schedule 7). The existing dwelling is located in the Greenlands designation, and as such, the policies of the Greenlands designation are applicable as they affect the subject application. The intent of the Greenlands designation is to "maintain and enhance the ecological integrity of the natural heritage system and to minimize the loss or fragmentation of significant wetlands and the habitats and ecological functions they provide." Section 2.13.13 speaks to legally existing uses which are recognized and permitted to continue in the Greenlands designation. Specifically, Section 2.13.13.4 states that expansions to existing residential dwellings are permitted on lands that are designated Greenlands, Development Services March 1, 2023 Report No. DS2023-013 Page 3 of 14 Page 137 of 276 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re. Minor Va... provided that it is demonstrated that there is no alternative, that the expansion in the feature is minimized and the impact of the expansion on the feature and its functions is minimized to the maximum extent possible. Upon site visit, Planning Staff noted that the proposed dwelling addition is located in an already disturbed area where two detached accessory structures exist, which are noted by the applicant to be demolished as a result of the proposed addition. The subject lands do not contain any significant woodlands or wetland features according to Township mapping, and as such, Planning Staff are satisfied that the proposed expansion will not impact the natural heritage system. The proposal is considered appropriate and the requested variance would conform to the objectives of the Adopted Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended (refer to Schedule 8). The applicants are proposing to construct an addition (attached garage) to the existing dwelling and demolish the existing detached accessory structures on the property. The applicants have requested relief from the Zoning By-law to permit the construction of the addition with a reduced minimum required interior side yard setback, from 4.5 metres (14.8 feet) to 1.2 metres (3.9 feet). The Zoning By-law's requirement for a minimum interior side yard setback of 4.5 metres (14.8 feet) in the Agricultural/Rural (A/RU) Zone is intended to provide spatial separation between rural properties, as well as provide space for access and maintenance around buildings and structures. The applicants are proposing an interior side yard of 1.2 metres (3.9 feet) which, in Planning Staff's opinion, is adequate space for maintenance and access around the dwelling as it maintains spatial separation between the subject lands and the neighbouring property. For the reasons outlined above, the requested variance is considered to meet the general intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed dwelling addition would have a minimal impact on the adjacent landowners as there is a row of tall trees along the property line, which will assist in softening the impact of the addition from view. Prior to issuance of a Building Permit, the owners may be required to prepare an Engineered Lot Grading (ELG) Plan, subject to municipal approval. The ELG plan will ensure that water drainage resulting from the proposed addition will be mitigated on the subject lands and will not impact the neighbouring lots. The location of the proposed addition will 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. Development Services March 1, 2023 Report No. DS2023-013 Page 4 of 14 Page 138 of 276 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re. Minor Va... Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. For the reasons outlined above in this report, and also having concluded that the character, appearance and uses of surrounding properties will not be negatively impacted, it is Planning Staff's opinion that the requested variance is minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments. • Township Development Engineering — No objection. An Engineered Lot Grading Plan may be required at the time of Building Permit Application. • Township Building Services — No comments. Owner/applicant to be aware of glazing requirements in Section 9.10.15.4 of the Ontario Building Code due to proximity to property line. Development Services March 1, 2023 Report No. DS2023-013 Page 5 of 14 Page 139 of 276 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re: Minor Va... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Applicant's Site Plan Schedule 4: Applicant's Floor Plan Schedule 5: Applicant's Elevation Drawing Schedule 6: Current Official Plan Land Use Schedule 7: Adopted Official Plan Land Use Schedule 8: Existing Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-05 be approved, specifically to permit the construction of an addition (attached garage) to the existing single detached dwelling with a reduced interior side yard setback of 1 .2 metres (3.9 feet), on lands municipally known as 161 Eady Station Road, on the basis that the application meets the four tests of the Planning Act, conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, RPP, Acting Director, Development Services February 22, 2023 Development Services March 1, 2023 Report No. DS2023-013 Page 6 of 14 Page 140 of 276 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 1: Location Map -yascy,Rd, 5086 -Moonafone-Rd. 5091 Maneshoe-Yalley-Rd� OId6_le'Rd� w.L 1Ridge 5086 4981 142 174 158 L 209 175 Ffd• 161 131 149 36 60 101 61 73 4841 Location ` ® Subject Lands -roof Prayed Heritage,Exciting Future 0 100m File Number.2023-A-05 I I I t I Development Services March 1, 2023 Report No. DS2023-013 Page 7 of 14 Page 141 of 276 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 2: Aerial Photo —u.srrad.— 1 7 i- HarusloeValleyRd� jl �'} Oldeg;e.a�f� " P 3 5086 f.I t �R�aye�Roaa� 14274 } �L158 :, r . �Ra �s lady Statio tog aa- _ 161Ilk - • * 4t• r� 1 -_ l".' ._ 'ems M1" 4— 0, ' ' t � � � �� '�►. ` ,r�'�` ► a. 4841 a 131 'r' 149 70 Aerial Photo T�lunslatp of 0 Subject Lands Proud Heritage,Exciting Future 0 100 nl File Number_2023-A-05 I l I I Development Services March 1, 2023 Report No. DS2023-013 Page 8 of 14 Page 142 of 276 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 3: Applicants' Site Plan - I w 5,1,� n yy �Tc 4�t1 '7rldc7ri �Co ��'1� �-�.ln �Gr �r�rL 13cD t �}aq,4as� 1�1r�� s�rC .;L p cw wCU_ 2,4, n �i1 Sri f�}, L C 50'WI nJ- v �] r t TG rta i T l Low S kzc XISi rr.r lr LOT G�11e�W l.rE P c P o L.o Go iurQkkA- 110 woelagi Site Plan fnt TU1d! p -'L�JEG[-'C� Proud Heritage, f•;xcitirkq Fut"" File Number:2023-A-05 Development Services March 1, 2023 Report No. DS2023-013 Page 9 of 14 Page 143 of 276 6.d) 6.30 p.m. DS2O23-013, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 4: Applicant's Floor Plan s� 4 EX16TING DIllELLING Proposed attachBd fUnahangBdJ ;. "IdaB Sq Ft Garage llddEtlan - fi S' .. r" 9 MAIN FLOOR Floor Plan Tc�iwm�nf Proud Heritage,Exciting Future File Number 2023•A-05 Development Services March 1, 2023 Report No. DS2023-013 Page 10 of 14 Page 144 of 276 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 5: Applicant's Elevation Drawings 3 Y � FRONT ELEVAT:GN LwE4N� Awl _ 0F�nlnHe✓9 RE6R E4Ev<ii4N — a Iw fi Elevation Drawings T h�p�� Proud Heritage,Fxcidng Future File Number 2023-A-05 Development Services March 1, 2023 Report No. DS2023-013 Page 11 of 14 Page 145 of 276 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 6: Current Official Plan Land Use —vasey.Ra.� .M—tene/Rd+- Horsezhce•ValleyRd� Old•eanie Rd-,r— 51 �RIA9c�Roa� r��a• �ad�1 z P rl Q1 C J Township Official Plan - Land Use A Subject Lands Q Environmental Protection Two Agricultural Township o,f Proud Heritage,Exciting Future 0 300 M File Number:2023-A-05 Development Services March 1, 2023 Report No. DS2023-013 Page 12 of 14 Page 146 of 276 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 7: Adopted Official Plan Land Use —Va3ey.Rd.— .rnoonsrone`R/a. Horseshce•Valley�Rd� Ofd•6�rrie-Rd. i —Ridge. tat�Q�� ki l z 0 P d c Township Adopted Official Plan (2022) - Land Use X JI Subject Lands AgriculturalSN Greenlands Tnumship of Proud Heritage,Exciting Future 0 300 M File Number:2023-A-05 N I I I I Development Services March 1, 2023 Report No. DS2023-013 Page 13 of 14 Page 147 of 276 6.d) 6.30 p.m. DS2023-013, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 8: Existing Zoning _Vp y.Rd.— .Moon ha RRd Hor, h--Va11 ypRd. A/RU nwa.RL_.de Rd' A/RU —Ridge - a c rr w N A/RU A/RU A/RU Z 0 i w c A/RU A/RU Existing Zoning _r Subject Lands A/RU{Agricultural/Rural) 7' hipo_f _ EP(Environmental Protection) Proud Heritage,Exciting Future 0 ti 620 Meters File Number_2023-A-05 I i I I 4 Development Services March 1, 2023 Report No. DS2023-013 Page 14 of 14 Page 148 of 276 Minor Variance Application (2023-A-05) Halliday Location: 161 Eady Station Road Zoning: Agricultural/Rural (A/RU) co - N O N Official Plan: Agricultural - W 0 Current Use: Residential Q v v ®SubjeG Ind, tn' co v m oCD C N �� rn CD Ot" Praiir(Hrri,nRr,Ezrifing Ferliirr � 0 Minor Variance Application (2023-A-05) Halliday Purpose: The applicants are proposing to construct an addition (attached o garage) to the existing single detached dwelling. The applicants are seeking 3 relief to the following section of Zoning By-law 97-95, as amended: o N Table 134-13 — Minimum Required Interior Side Yard Setback for Single Detached Dwelling Required: Proposed: 4.5 metres (14.7 feet) 1.2 metres (3.9 feet) D v v C' v CD v m o' C o _ 0 �NJ rn Ot, CD Praiir(HrrinRr,Ezrifing Ferliirr � O Minor Variance Application (2023-A-05) Halliday Aerial Photo: o ° 158 d StationRa• �'�� 'y v.�:.,x zoo 0 ae O - - W s, O 149 CD ve a3. d v a � (D 0 a � V1Y/G"� N Pr—d Heritage,Exciting Fufurr 0 Minor Variance Application (2023-A-05) Halliday Existing Zoning: Ma,: W 0 a.� 3 CD O � I N W O W D v C. 7- v ` Subject Lands CD m CD A/RU (Agricultural/Rural) ° o ® EP (Environmental Protection) v { =3 rn 043% ea!�o�rttPi , Pr—d Heritage,Exciting Fufurr O Minor Variance Application (2023-A-05) Halliday Township Official Plan w. o Land Use O J N W \ O W D v raT Subject Lands E Q Environmental Protection Two cf) m Rural N 0 Agricultural w � 0 Closed Waste Disposal Site �=3 v0 Toumship CD Prai�r(HnilnRr,Esrrlinq Ferhirr � 0 Minor Variance Application (2023-A-05) Halliday �I w Township Adopted Official Plan Land Use: CI) � o 5 �F mat W O W D v z � (n' v �1 Subiect Lands CD v Agricultural Cm CD CD 0 C , Greenlands o Rural N P o� � N rn OtT Praiir(Hrri�nRr,Ezrifing Ferliirr � 0 Minor Variance Application (2023-A-05) Halliday Applicant's Site Plan: 5 7 P�Fl� (n N 4-NOV TO 9LA-* '19•�^ �Of• SrPnO 6jrp O N W S cPrc 7Owr I O I.?n 7n4c+R IKOO ` =3 uru- 2.ti„ o orw ao n 1'0 5°PM1L � P�y� eft.ScaJr. rd �S r. To schi� r,U,c ss oar ✓' {' '� � ejE QyMOJrb Fyn LeT SIZC � �o0 7 nx �1�5 cos, �X�SY,w V Lmc CD LoJeuf�e (p (D _ Peo Pos+o log O GOJ5Ol1l/e � N / 6� CD Praiir(Hrri�nRr,Ezrifing Ferliirr � O Minor Variance Application (2023-A-05) Halliday Applicant's Floor Plan: o 3 0 N O e N 1 9 O CD D EXIfiTING PUJELLING hangs PY'OpOesd attachBd � '�7 �� a) s 168 Sq Ft GaeagB Additloh s 9 = W W v ry <D MAIN FLOOR 0 01 { =3 Pr—d Heritage,Ex W,,g Fufurr 0 0 Minor Variance Application (2023-A-05) Halliday Applicant's Elevations: o 0 CD _ N LO - Q® [Rmflnmw nmw4 n N O FROM 11 EVXION W Q CD Kam..... 9 N Pr—d Heritage,Exciting Fufurr 0 Minor Variance Application (2023-A-05) Halliday V 0 N ' O N u v v CD v m View looking west along View looking east along Eady Station Rd Eady StationCD R v N ownship y � (9iT��rt� P,-d Heril�gr,Ea W,,g Future 0 • — ' • • do • 1 ' 1 • . y 6 f 7iIN I Z Jr ji 9 Minor Variance Application (2023-A-05) Halliday CD N W low _ r D C Location of proposed View of proposed addition and adjacent addition property -4094 v rQ � CD .."d Heritage,Exciting Fufurr 0 Minor Variance Application (2023-A-05) Halliday Recommendation: Approve o It is recommended: P 1. That Report No. DS2023-013 be received and adopted. 0 N 2. That Minor Variance Application 2023-A-05 by Jonathan Halliday and Kimberly Solorzano specifically to permit the construction o of an addition(attached garage)to the existing single detached dwelling with a reduced interior side yard setback of 1.2 metres W (3.9 feet),on lands municipally known as 161 Eady Station Road,Township of Oro-Medonte, be approved subject to the p conditions as outlined in Report DS2023-013. W D 3. The conditions are as follows: =3 a) That notwithstanding Table 134-13 of Zoning By-law 97-95,the proposed single detached dwelling addition shall otherwise `< comply with all other applicable provisions of the Zoning By-law; T� b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify by pinning the foundation wall and verifying in writing by way of survey/real property report,prior to the pouring of the footing and if no footing,the foundation,that the dwelling addition is located no closer than 1.2 metres(3.9 feet)from the interior side lot line;and, co cW d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's 2. m decision becomes final and binding,as provided for within the Planning Act R.S.O. 1990, c.P. 13. 0 rn 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature 0 =3 v /�]To—hip of �� N Prair(HnilnRr,Esrrlinq Ferhirr � 0 0 6.e) 6.40 p.m. DS2023-011 , Danielle Waters, Planner re: Minor Variance A... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-011 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # March 1, 2023 Minor Variance Application 2023-A-06 by Roll #: Roman Dobrowolsky R.M.S. File #: 4346-010-012-08400 2215 Lakeshore Road East D13 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2023-011 be received and adopted. 2. That Minor Variance Application 2023-A-06 by Roman Dobrowolsky, specifically for the purposes of a reduced front and interior side yard setback for a detached accessory, on lands municipally known as 2215 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023- 011. 3. The conditions are as follows: a) That notwithstanding Table B1/ Section 5.1 .3 a) and d), the proposed accessory building 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 detached accessory building is not to be used for human habitation, commercial purposes or for a home industry; and, d) 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. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services March 1, 2023 Report No. DS2023-011 Page 1 of 11 Page 162 of 276 6.e) 6.40 p.m. DS2023-011 , Danielle Waters, Planner re: Minor Variance A... Background: The subject property is a shoreline lot that has an area of 0.14 hectares (0.34 acres) and supports a single detached dwelling and boathouse. A Location Map is included as Schedule 1 to this report and an Aerial Photo is included as Schedule 2. The applicant is requesting relief from the following sections of Zoning By-law 97-95, as amended: Table B1/ Section 5.1 .3 a — Front yard setback, Shoreline Residential SR Zone Required: Proposed: Not be located in the front yard. 3.04 metres (9.97 feet) Notwithstanding this provision, a detached private garage is permitted in the front yard of a lot that abuts Lake Simcoe or Bass Lake provided it is set back a minimum distance equal to the required front yard for the main building from the front lot line. 7.5 metres 24.6 feet Section 5.1.3 d — Detached Accessory Buildin , interior side yard setback. Required. Proposed: 2.0 metres 6.5 feet 1 .82 metres 5.97 feet The applicants' site plan and elevation drawings are included as Schedules 3 and 4. 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 2.2 - Water and 3.1 — Natural Hazards are applicable to this application due to the proximity to Lake Simcoe. 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". Section 3.1 Natural Hazards is met as per comments received by the Lake Simcoe Region Conservation Authority (LSRCA). A permit is not required as the proposed development is outside of the regulated area. Development Services March 1, 2023 Report No. DS2023-011 Page 2 of 11 Page 163 of 276 6.e) 6.40 p.m. DS2023-011 , Danielle Waters, Planner re: Minor Variance A... 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 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 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features permits development outside of settlement areas in developed shoreline areas of inland lakes on lands that are designated or zoned for concentrations of development. The proposed development conforms to Section 4.2.4.5 as the lands are designated and zoned for residential uses by the Township's Official Plan and Zoning By-law. Based on the above, it is Planning Staff's opinion that the proposed development conforms to the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated the subject application. The subject property is located within the regulated area; however, the location of the proposed structure is not within the regulated area of the property and therefore an LSRCA permit is not required. Township Staff have received supportive comments from LSRCA dated February 17, 2023. 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: Development Services March 1, 2023 Report No. DS2023-011 Page 3 of 11 Page 164 of 276 6.e) 6.40 p.m. DS2023-011 , Danielle Waters, Planner re: Minor Variance A... "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. 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 is permitted on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The 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 Development Services March 1, 2023 Report No. DS2023-011 Page 4 of 11 Page 165 of 276 6.e) 6.40 p.m. DS2023-011 , Danielle Waters, Planner re: Minor Variance A... reviewing and evaluating the applicant's development proposal. The existing Official Plan will be repealed once the updated Official Plan 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 and, by extension, accessory buildings and structures. 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. 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 minimum front yard setback is to ensure separation of structures from the road allowance, and ensure that there is sufficient amenity space and parking on the property. In the SR zone, accessory structures are permitted in the front yard when the property abuts Lake Simcoe. However, the proposed structure will be within the required front yard setback. There is an existing structure to be removed, and the proposed structure will be setback farther from the road than the existing structure. Township Operations Department has no concerns with the setback, and the structure will not impact the parking provided on the property. The general intent of the interior side yard setback, is to ensure access around a structure for maintenance purposes. The proposed setback is a minimal deviation from the required setback and Planning Staff are satisfied that access around the structure will be maintained. 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 conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed accessory building would be visible from the road and neighbours. It should be noted that the proposal is very similar to other properties on the street who also have front yard accessory buildings including both neighbours. In Planning Staff's opinion, the proposed design, size and use of the accessory building would clearly be secondary and subordinate to the applicants' main dwelling. The location of the proposed accessory building would not interfere with functional matters on the lot such as parking or the septic system area. LSRCA has provided supportive comments for the application. Development Services March 1, 2023 Report No. DS2023-011 Page 5 of 11 Page 166 of 276 6.e) 6.40 p.m. DS2023-011 , Danielle Waters, Planner re: Minor Variance A... 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. 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 Development Services March 1, 2023 Report No. DS2023-011 Page 6 of 11 Page 167 of 276 6.e) 6.40 p.m. DS2023-011 , Danielle Waters, Planner re: Minor Variance A... (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 — No comments • Township Building Division — No comments. • Lake Simcoe Region Conservation Authority— no objections, no permit required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Applicants' Detached Accessory Building Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-06 be approved, specifically for the purposes of a reduced front and interior side yard setback for a detached accessory building, on lands municipally known as 2215 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 February 21 , 2023 Derek Witlib, Acting Director, Development Services February 22, 2023 Development Services March 1, 2023 Report No. DS2023-011 Page 7 of 11 Page 168 of 276 6.e) 6.40 p.m. DS2023-011 , Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map —yaseyRd,— -MoonstoneRd. XorseShoeNalleyRtl� old=B_ie•Rd� N.i�' N N r 385 c 504 2234 2236 2212 Lakeshore P 2237 Robinson St. f 2235 O� `may 2211 �0 530 157 take Simcoe 151 Location 177/1 Subject Lands 7' h' Proud Heritage,Exciting Future 0 100 m File Number_2023-A-06 r r Development Services March 1, 2023 Report No. DS2023-011 Page 8 of 11 Page 169 of 276 6.e) 6.40 p.m. DS2023-011 , Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo —V—y-Rd— .MoonsT-I-Rdi.., t Horsesho v lley-Rd 22.26 2.226 2224 2216 2220 2222 Olds_nieRd� 2214 2216 t d � ^RidgevRe _ _ Lakeshore Rd,E' ✓. am a 7 Robinson m Iw J 2227 2221 2223 2225 2219 2217 -215 x 22} 2'211 .w Aerial Photo owl, lulvnsh' of �] Subject Lands Proud Heritage,Exciting Future a 1cr,m File Number_2023-A-06 N I I I 1 Development Services March 1, 2023 Report No. DS2023-011 Page 9 of 11 Page 170 of 276 6.e) 6.40 p.m. DS2023-011 , Danielle Waters, Planner re- Minor Variance A... Schedule 3: Site Plan OF o e 4a1 numen 'E)dstlno Cedars Front Yard Lot Llne ce � a c� ionw,y Existing Shed To be Removed za'n- Lawn A 6 p" e ��onww"y ,rin I 'C o Proposed New Lawn 20x24 Double Garage C�0( 24 0' Elevation 0 m +� :�.. J �6. Lawn Septic Drainage Bed Under Lawn Development Services March 1, 2023 Report No. DS2023-011 Page 10 of 11 Page 171 of 276 6.e) 6.40 p.m. DS2023-011 , Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicants' Detached Accessory Building Elevation Drawings � I I non I I I I s I I I I I I I I I I I I I I 1 ? I R�, I A 1 I I I 1 I I I I I 1 I v I I I I I I '; M 0rnz 33m G L m p m G1 O Z Ilp IQq 0 ro d 0 w b _ Va 10 5. f 10 Q m n 1 I O m I g-e ve- 11'-611Z 13.51 m1 13'83W14.14m' ronittshiP of Proud Heritage,Exciting Future 0 100m File Number:2023-A-06 41 1 i 1 1 Development Services March 1, 2023 Report No. DS2023-011 Page 11 of 11 Page 172 of 276 Minor Variance Application (2023-A-06) Dobrowolsky Location: 2215 Lakeshore Road o East 0 Zoning: Shoreline Residential (SR) o N W Official Plan: Shoreline 5t Rogmson `°Current Use: Residential R�bn=��s`- �� — I i A t 1 I m F-71 � v cQ � m � m w o v V1Y/G'es��E%CG(/1GGr/ Pr—d Heritage,Exciting Fufurr O n D Minor Variance Application (2023-A-06) Dobrowolsky Purpose: The applicant is proposing to construct a detached accessory 0 building. The applicant is seeking relief to the following sections of Zoning By- P law 97-95, as amended: o Table B1/Section 5.1.3 a)—Front yard setback, Shoreline Residential (SR)Zone N 0 N Required: Proposed: w Not be located in the front yard. 3.04 metres (9.97 feet) 0 Notwithstanding this provision, a detached private garage is permitted in 0 the front yard of a lot that abuts Lake =3 Simcoe or Bass Lake provided it is set back a minimum distance equal to the m required front yard for the main building from the front lot line. v m 7.5 metres (24.6 feet) � v Section 5.1.3 d)—Detached Accessory Building, interior side yard setback � m Required: Proposed: 0 2.0 metres (6.5 feet) 1.82 metres (5.97 feet) CD N omnshipo� � (9tT 0. o Praiir(HrrilnRr,Ezrifing Ferliirr � M. W n CD D Minor Variance Application (2023-A-06) Dobrowolsky CD Aerial Photo: 0 - Lakeshore Rd.E. � Robinson St. � - c V!/� J ' N zz7 0 2223 2225 N 2221 W 2217 0 2215 22;13 � 2211 �7 530 CD .-f s (D Ci) =3 CD (s 0 v V1Y/G'es��E%CG(/1GGr/ =. Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application (2023-A-06) Dobrowolsky CD Existing Zoning: O 0 Qa CD N O O 0 v Lakeshore RG.E' \ ao Ro i�Tst (p CD I � Co .-f Subject Lands m Lake SR (Shoreline Residential) Simcoe CD AJRU (Agricultural/Rural) CD o ® EP (Environmental Protection) m � V1Y/G� Pr—d Heritage,Exciting Future O W M. w n CD D Minor Variance Application (2023-A-06) Dobrowolsky Township Official Plan o Land Use: V! O i � N CD o� Y CD I � Subject Lands Rural CD Shorehne `D � O Praiir(Hrri�nRr,Ezrifing Ferliirr � n CD D Minor Variance Application (2023-A-06) Dobrowolsky Township Adopted Official Plan ....... 0 Land Use: Co 0 0 -VT Jd- R7W n St- T CD CD Subiect Lands x T Lake -0 Greenlands Simcoe =3 Rural CDCD Co Shoreline 0 Pr—d Hrdage,Exciting Ft,,e M. 0) =3 0 CD Minor Variance Application (2023-A-06) Dobrowolsky County of Simcoe Official Plan Land Use: o� mkio-I o CD N O N W O 0 v (D lnkesM1ore Ril.E, Robinson 51.- r-F �S Subject Lands - v `D Greeniands m o ' Rural =. O Pr—d Heritage,Exciting Fufurr n D Minor Variance Application (2023-A-06) Dobrowolsky CD Applicant's Site Plan: 0 __s e `" n,rmen• Existing Cedars Front Yard Lnt LI—, -P s o° N Exlsm,Shed be F To 2emowed W 0 11 � Proposed Ne^N 20x24 Double Garage .-f CD CQ - Ele�at on 0 (D CO Nef l :I.G(IICGG =. O Arard HrritaXr,Exciting Fufurr % W w n CD D Minor Variance Application (2023-A-06) Dobrowolsky CD Applicant's Elevations: o PEAK OF ROOF 3 MID POINT OF ROOF_ _ Cl) O N TOP F PLATE _ W O PRE-FINISHED FASCIA& E VENTED SOFFIT(TYP) HORIZ.SIDING(TYP) ei i3 =3 NCC U CD (D SIDING ABOVE(TYP) (n GRADE(TYP) TOP OF SLAB/FIN.GRADE ------------1G-0�8-0`O.H.--- I =3 (D ~ ENGINEERED SLAB TYPi (D W � fV y Praiir(Hrrilnge,Ezriling Ferlirrr � M. 0) n CD D Minor Variance Application (2023-A-06) Dobrowolsky - CD y r. _ N r 0 aI W - � r CD CD m East on Lakeshore West on Lakeshore Notice sign posted CD 0 N (D N T—hip f v � 0 O Araard Heril�Re,Eaeilinx Pururr � M. w n CD D Minor Variance Application (2023-A-06) Dobrowolsky O w. CD - � N O _ v CD (D Existing accessory Existing boathouse Existing dwelling CO CO building N T—hip� s v lJ/ "� 0. CF) O Araard Heril�Re,Eaeilinx Pururr � M. W n CD D Minor Variance Application (2023-A-06) Dobrowolsky o CD N O m (mD lT V m � m CO Proposed location o . . v Ot 0. O Arard Hrritagr,Exciting Fufurr � M. 0) n CD D Minor Variance Application (2023-A-06) Dobrowolsky Recommendation: Approve o It is recommended: _P 3 1. That Report No. DS2023-011 be received and adopted. 0 07 2. That Minor Variance Application 2023-A-06 by Roman Dobrowolsky, specifically for the purposes of a reduced front and interior sideo yard setback for a detached accessory, on lands municipally known as 2215 Lakeshore Road East, Township of Oro-Medonte, be w approved subject to the conditions as outlined in Report DS2023-011. o 0 3. The conditions are as follows: _ a) That notwithstanding Table B1/Section 5.1.3 a)and d), the proposed accessory building 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; (D c) That the detached accessory building is not to be used for human habitation, commercial purposes or for a home industry; and, 'D (D d) 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. v cQ =3 m 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. m CO cn N /� � s v ll/rQ"� � 0. � O Prair(HnilnRr,Esrrlinq Ferhirr � n D 6J) 6.50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re: Minor Va... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-014 Development Services Andy Karaiskakis, Committee Senior Planner Meeting Date: Subject: Motion # March 1, 2023 Minor Variance Application 2023-A-07 Roll #: TNR Industrial Doors Inc. R.M.S. File #: 4346-010-008-10726 15-25 Winstar Road D13- Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-014 be received and adopted. 2. That Minor Variance Application 2023-A-07 by TNR Industrial Doors Inc. specifically to permit a reduced number of parking spaces to 92 spaces, on lands municipally known as 15-25 Winstar Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-014. 3. The conditions are as follows: a) That notwithstanding Section 5.19 of Zoning By-law 97-95, the proposed industrial development shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after: i. The Committee's Minor Variance decision becomes final and binding; and, ii. The applicant has obtained Site Plan Approval from the Township pursuant to Section 41 of the Planning Act. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject lands are located on the south side of Winstar Road and have a lot area of 5.1 hectares (12.6 acres). The lands are currently vacant and are located in the Guthrie Industrial Subdivision (refer to Schedules 1 and 2). The applicant is proposing to construct an industrial building on the subject lands that is the subject of a Site Plan Approval Application (Township File No. 2022-SPA-24). In Development Services March 1, 2023 Report No. DS2023-014 Page 1 of 12 Page 186 of 276 6J) 6.50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re: Minor Va... order to facilitate the proposed development, the applicant is requesting the following variance from Zoning By-law 97-95, as amended: Section 5.19 - Parking Standards Required Warehouse Proposed GFA 1 ,112.19 sq.m. - 1 space/100 sq.m. Gross = 11.1 spaces Floor Area (GFA) Production (Industrial) Proposed GFA 3,001 sq.m. _ - 1 space/45 sq.m. GFA for 66.7 spaces the first 3,001 sq.m. - 1 space/100 sq.m. GFA for Proposed GFA 6,431 .2 sq.m. _ the remaining GFA 64.3 spaces Office/Showroom Proposed GFA 1089.42 sq.m. - 1 space/30 sq.m. GFA = 36.3 spaces Total Required Parking Proposed 179 spaces 92 spaces The applicants' site plan and elevation drawings are included as Schedules 3 and 4 5 to this report. Analysis: Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Planning Staff have reviewed the subject Minor Variance application with respect to the intent of the PPS. Specifically, the policies pertaining to Employment (Section 1.3) and Natural Heritage (Section 2.1) were reviewed. Section 1 .3.2.1 of the PPS states that "planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs." The subject lands are located in an established industrial employment area which is intended to be the focus of industrial employment opportunities and to maximize the use of existing infrastructure. In Planning Staff's opinion, the proposed development is capable of being privately serviced for sewage and water and the development can be accommodated by the existing local road network. Section 2.1 — Natural Heritage contains policies concerning the long-term prosperity and protection of natural heritage features. This Section states that development or site alteration shall not be permitted on or adjacent to natural heritage features unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. An Environmental Impact Study (EIS) was prepared in Development Services March 1, 2023 Report No. DS2023-014 Page 2 of 12 Page 187 of 276 6J) 6.50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re. Minor Va... support of the applicant's Site Plan Application (File No. 2022-SPA-24) to facilitate the proposed development as the lands contain an unevaluated wetland shown on Provincial natural heritage mapping. The EIS is required to assess the potential for direct and indirect impacts to the wetland as a result of the proposed development. The EIS concluded that the proposed development can be achieved with no negative impacts to the wetlands or the woodlands associated with the wetland feature. The EIS recommended that a 25 metre (82.0 feet) setback/buffer to the unevaluated wetland be established to ensure the ongoing protection of the wetland located on the southeast portion of the subject lands. Based on the above, Planning Staff are of the opinion that the application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The subject applications have been reviewed by Planning Staff with respect to the Growth Plan policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification". The Growth Plan contains specific policies pertaining to preserving, protecting employment areas. Section 2.2.5 states that economic development and competitiveness will be promoted by: a) making more efficient use of existing employment areas and vacant and underutilized employment lands are increasing employment densities; b) ensuring the availability of sufficient land, in appropriate locations, for a variety of employment to accommodate forecasted employment growth to the horizon of this Plan; c) planning to better connect areas with high employment densities to transit; and, d) integrating and aligning land use planning and economic development goals and strategies to retain and attract investment and employment. Since the proposed variance pertains to an industrial lot within an employment area, the proposed development is considered to be consistent with the Employment policies in the Growth Plan. Schedule B — Natural Features of the Township's Official Plan does not show the presence of any natural heritage features on or adjacent to the subject lands. However, Provincial natural heritage mapping indicates an unevaluated wetland located at the southeast corner of the subject lands. As a result, Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is now also applicable to this application. Specifically, Section 4.2.4.1 of the Growth Plan states: "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrological feature will require a natural heritage evaluation or hydrological evaluation that identifies a vegetation protection zone, which: Development Services March 1, 2023 Report No. DS2023-014 Page 3 of 12 Page 188 of 276 6J) 6.50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re. Minor Va... a) Is of sufficient width to protect the key natural heritage feature or key hydrological feature and its functions from the impacts of the proposed change; b) Is established to achieve and be maintained as natural self-sustaining vegetation; and c) For key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrological feature" (p. 43-44 of A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020). In accordance with this policy, an EIS was submitted in support of this application. The EIS concluded that that a 25.0 metre (82.0 feet) setback/buffer to the unevaluated wetland be established to ensure the ongoing protection of the wetland located on the southeast portion of the subject lands. This vegetation protection zone (VPZ) will be regulated through site plan control in order to prevent development within the VPZ and to ensure that it is maintained as natural self-sustaining vegetation. Based on the above, it is Planning Staff's opinion that the proposed minor variance conforms to the Growth Plan as the location of the proposed development will ensure the ongoing protection of the unevaluated wetland. 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. The LSPP addresses long term environmental issues in Lake Simcoe and its watershed by: • Promoting immediate action to address threats to the ecosystem, such as excessive phosphorus; • Targeting new and emerging causes of stress such as invasive species and climate change-land • Protecting and restoring important natural areas such as shorelines and wetlands restoring the health of the fish and other aquatic life. The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated this application and have advised that they have no objection to the Minor Variance application. Technical comments relating to hydrogeology, natural heritage and stormwater management will be addressed through the current Site Plan application review process and implemented in the Site Plan Agreement and the required LSRCA Permit. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits development in existing designated rural employment areas. In Planning Staff's opinion, the proposed industrial development is consistent with the County's Official Plan as it is a permitted use. Development Services March 1, 2023 Report No. DS2023-014 Page 4 of 12 Page 189 of 276 6J) 6.50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re. Minor Va... 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 (OP) 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. Current Township of Oro-Medonte Official Plan The subject lands are designated Industrial in the Township's Official Plan. This designation permits manufacturing assembly, processing, fabrication, storage/warehousing, research establishments, wholesaling establishments, parking lots and portable asphalt plants. The proposed variance has been requested to accommodate a new manufacturing facility for industrial door production. The application conforms to the current Official Plan. Adopted (not yet in effect) Updated Official Plan The Township's adopted (not yet in effect) updated Official Plan (OP) designates the subject lands as Employment Area. The objectives of the Plan with respect to Employment Areas are to: • Ensure that the Township is positioned to accommodate new and expanded business activities that provide jobs to local residents and positive economic impact to the municipality; • Provide for and maintain an adequate supply of developable land at appropriate locations; • Ensure that the design of new industrial development is sensitive to the rural character of the Township; Development Services March 1, 2023 Report No. DS2023-014 Page 5 of 12 Page 190 of 276 6J) 6.50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re. Minor Va... • Ensure that new industrial development occurs in an orderly manner and is appropriately serviced (sewage, water, utilities, internet), and, • Protect and enhance the existing Employment Areas of the Township. Permitted uses in the Employment Area designation include industrial operations including manufacturing, processing, fabrication, assembling, warehousing and distribution. The proposal is considered appropriate and the requested variance would conform to the objectives of the Adopted Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Economic Development (ED) in the Township's Zoning By-law 97-95, as amended. Table A3 of the By-law identifies permitted uses within the ED Zone and business offices, industrial uses and warehouses are among the permitted uses in the ED Zone. Table B3 of the By-law identifies the standards for properties within the ED Zone and Section 5.19 of the By-law provides parking rates for residential and non-residential uses. The owner intends to construct a 11,209 sq.m. (120,652 sq.ft.) industrial building on the subject lands which will be subject to Site Plan approval. It should be noted that a Site Plan application has been submitted to the Township and is currently under review. Staff have reviewed the Gross Floor Area information provided by the applicant associated with the proposed parking space reduction and have no objections to a parking supply of 92 spaces on the basis that the proposed tenant (TNR Doors) does not require the full 179 spaces as part of its daily operation management (for employees and visitors). Lastly, the proposed site plan provides for an abundance of space to expand the parking area in the future if a subsequent owner has greater parking needs. For the reasons outlined above, the requested variance is considered to meet the general intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? The requested variance for a requested parking reduction would not negatively impact the functionality or the appearance of the lot. Therefore, Planning Staff finds the variance to be appropriate and desirable. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. For the reasons outlined above in this report, and also having concluded that the character, appearance and uses of surrounding properties will not be negatively impacted, it is Planning Staff's opinion that the requested variance is minor. Development Services March 1, 2023 Report No. DS2023-014 Page 6 of 12 Page 191 of 276 6J) 6.50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re. Minor Va... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments. • Township Development Engineering — No objection. Detailed design comments regarding the Site Plan Application may highlight minor issues surrounding parking configuration, etc. but should not impact the Development Engineering position regarding this Minor Variance application. • Township Building Division — No comments. • Township Environmental Services —technical comments related to stormwater management design will be provided through peer review with Tatham Engineering and Development Engineering. As the site will be privately serviced with water and septic, Environmental Services has no additional comments regarding the Minor Variance application at this time. • Lake Simcoe Region Conservation Authority — no objection to the proposed Minor Variance. Consistency with Section 3.1 of the PPS has been demonstrated. A permit from the LSRCA will be required within the LSRCA regulated portion of the property. Development Services March 1, 2023 Report No. DS2023-014 Page 7 of 12 Page 192 of 276 6J) 6.50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re. Minor Va... Matters pertaining to stormwater management, hydrogeology and natural heritage are being addressed through the current Site Plan submission. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Applicant's Site Plan Schedule 4: Applicant's Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-07 be approved, specifically to permit a reduction of parking spaces to 92 spaces, on lands municipally known as 15-25 Winstar Road, on the basis that the application meets the four tests of the Planning Act, conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, RPP, Acting Director, Development Services February 22, 2023 Development Services March 1, 2023 Report No. DS2023-014 Page 8 of 12 Page 193 of 276 6J) 6.50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 1: Location Map —VascyRd,— -MeenstoneRd. M.—h-4.11ey Rd, Old-Ra,i-Rd. • .-ate �Rid9e�Aoad - 4 6 8 10 12 14 16 18 20 22 24 165 26 Winstar Rd. 207 5 7 9 11 15 239 290 rn 239 N c J 279 Location ® Subject Lands Township of Proud Heritage,Exciting Future 0 loom File Number.2023-A-07 I I I I Development Services March 1, 2023 Report No. DS2023-014 Page 9 of 12 Page 194 of 276 6J) 6.50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 2: Aerial Photo —V—y-Rd— .Moon., , m I Horses hoe Valley Rd Al2i 1'4 ,`16 �1.8 `22 24 Olds_rieRd� f - Winstar Rd. 7 3 v _ 279 Aerial Photo �] Subject Lands In[tmsltipnf Proud Heritage,Exciting Future 0 100 rn File Number_2023-A-07 N I I Development Services March 1, 2023 Report No. DS2023-014 Page 10 of 12 Page 195 of 276 6J) 6.50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 3: Applicants' Site Plan _ r. I i r r r r r -ten I I I I I � • f � I I 1 I I I I r r I r a_ Site Plan �(]Towns}+fp oj. Proud Herdtwfe,8xcitin2 Future File Numhec 2023-A-07 Development Services March 1, 2023 Report No. DS2023-014 Page 11 of 12 Page 196 of 276 6J) 6.50 p.m. DS2023-014, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 4: Applicant's Elevation Drawings r : r. Q Q Q Q Q r Q Q Q i i i i i I i i i i i i i i I i Q 7 7 `r `T Q 7 e r r r e� Elevation Drawings 0 _ T,r� , Proud Heritage,Exciting Future File Number,2023-A-07 Development Services March 1, 2023 Report No. DS2023-014 Page 12 of 12 Page 197 of 276 Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. Location: 15-25 Winstar Road fiokkRd. - o L 3 Zoning: Economic Development CD (ED) N 0 W �t o Official Plan: Industrial ""`nstarR° Current Use: Vacant I� _v J W T ®Subj,t Lands �• V CD lVm O. 00 T V 0 '4~ &= OtTCD Pr—d Herit gr,Ea W,,g Future 0 Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. Purpose: The applicant is proposing to construct an industrial building on the o subject lands and is requesting relief to the following section of Zoning By-law 3 97-95, as amended: U CD N Section 5.19— Parking Standards o w Required: Proposed: o Warehouse - 1 space/100 sq.m. Gross Floor 1112.19 sq.m. = 11.1 spaces D Area (GFA) Q Production (Industrial) sv - 1 space/45 sq.m. GFA for the first 3,001 sq.m = 66.7 spaces Cn 3,001 sq.m. - 1 space/100 sq.m. GFA for the 6431.21 sq.m. = 64.3 spaces remaining GFA CD cQ Office/Showroom � m 1 space/30 sq.m. GFA ° 1089.42 sq.m. = 36.3_spaces o Total Required Parking = 178.4 spaces Proposed = 92 spaces v N =3 CD Praiir(HrrinRr,Ezrifing Ferliirr � 0 Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. Aerial Photo: me.; � - o �.� 21 �, 2a a ti , 3 CO Wiinstar Rd. O 1 O D Q W Tom' W T �• V CO lVm O. N � O � CD Pr-d Heritage,Exciting Fulurr 0 Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. Existing Zoning: ms �z 0 IF M,-1�L o 0 TTITN W ° 0 ` 1 Subject Lands Holick Rd. OS (Open Space) I (Institutional] R1 v _ v Residential One) 2H75 (n 0 { wnstar Rd, � F- RUR2 (Rural Residential To [ ED (Economic DevelopmerCD CD � GC (General Commercial) =3 0 0 A/RU (Agricultural/Rural) N EP (Environmental Protecti �� N rn 043o^� CD % Pr—d Heritage,Exciting Future 0 Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. Township Official Plan Land Use: ��n��na; ��I 3 o Melville CC /n N V! N � o O N O J � Holick Rd D See Section D1.4.1 Subject Lands wlnsW d. v MEnvironmental Protection Two v Agricultural - Rural Settlement Area `D. D oIndustrial ° N o Commercial ON v /�]Township of .,��,.��, N �1-/ � -E:IG(/7GGG P,—d HnHiq,E-W,iq Ferhirr O Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. Township Adopted Official Plan _ o Land Use. 0 N 411 N W I HOlick,RC: O D « Subiect Lands v Agricultural Employment Area CD Greenlands m v cc =3 CD N Highway Commercial ° o W Rural Settlements � - v ° ya ~ � POhip of 4 0ToiYJ� .I t of2tPi Proud Heritage,Exciting Fut— 0 W Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. County of Simcoe Official Plan W o Land Use: M-19 ille_Ct. M wa w� V 0) aTE N O N W 1 O H lick Rtl. � D y Winstar Rtl. c Subject Lands Agricultural CD Settlements � 0 o Greenlands o - Rural �=3 N rnp s Pr—d Heritage,Exciting Fufurr 0 Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. Applicant's Site Plan: o I l I 1 1 R 0 _ o I I 411 cn I I I A CD 0 � oQI N � CD I A I 1 ..� v (1 � Aroird Heritage,Exciting Fut,,e 0 Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. Applicant's Elevations: 0 -P 3 I? T T I TI, T y T T y Q T T T T y I? y Q T CD 0 0 Cl) CD =3 0 O CY) =3 =3 CD P-4 Heritage,Exciting Ft,,e =3 0 Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. O CD N W .. .� Q v Cn (Q y (D O. View looking west along View looking east along Notice sign posted rQ Winstar Rd Winstar Rd .."d Heritage,Exciting Fufurr 0 Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. O 3 0 CD N O N W O e =v >v CD rQ View of subject lands View looking south of subject lands O 00 v NJ 4 �: = CD Pr—d Heritage,Exciting Fufurr 0 W Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. O 0 N W- 9 O W �O 1L v v v v � CO View looking south of subject View looking southwest of subject lands lands v Ili �{�'��'�� 4 CD � Pr—d Heritagr,Exciting Fufurr 0 Minor Variance Application (2023-A-07) TNR Industrial Doors Inc. Recommendation: Approve o It is recommended: 3 1. That Report No. DS2023-014 be received and adopted. 0 N 2. That Minor Variance Application 2023-A-07 by TNR Industrial Doors Inc. specifically to permit a reduced number of parking oN spaces to 92 spaces, on lands municipally known as 15-25 Winstar Road, Township of Oro-Medonte, be approved subject to the o conditions as outlined in Report DS2023-014. D 3. The conditions are as follows: =3 CL a) That notwithstanding Section 5.19 of Zoning By-law 97-95, the proposed industrial development shall otherwise comply `< with all other applicable provisions of the Zoning By-law; b) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after: i. The Committee's Minor Variance decision becomes final and binding; and, (n ii. The applicant has obtained Site Plan Approval from the Township pursuant to Section 41 of the Planning Act. v (n 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. - m cc v =3 m o' N _% O _U 4 /�]Township W �1-/ � -E:IG({7GGG Prair(HnilnRr,Esrrlinq Ferhirr � O 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-016 Development Services Committee Catherine McCarroll Intermediate Planner Meeting Date: Subject: Motion # March 1, 2023 Consent Application 2022-B-34 and Minor Variance Application Roll #: 2023-A-08 by HSV GP Inc. R.M.S. File #: 4346-010-002-03500 1101 Horseshoe Valley Road D10-60933 West I D13-60975 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2023-016 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 DS2023-016. 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 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 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 Development Services March 1, 2023 Report No. DS2023-016 Pagel of 31 Page 211 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... 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. 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 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 metres 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 all municipal taxes be paid to the Township of Oro-Medonte; f) 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; g) 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; h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted statutory two-year period (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2023-A-08 by HSV GP Inc., specifically to permit parking spaces that are located within 275.0 metres (902.2 feet) of the permitted uses associated with the proposed mixed-use condominium development, to permit driveways that cross a front or exterior side lot line and lead to a parking area or parking lot with a minimum width of 6.3 metres (20.7 feet) in width for two-way traffic, and to apply the Village One Zone Parking Standards Table (Table C6) to the Future Development Exception 67 (FD*67) Zone and Future Development Exception 68 (FD*68) Zone on the subject property, on the lands municipally known as 1101 Development Services March 1, 2023 Report No. DS2023-016 Page 2 of 31 Page 212 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... Horseshoe Valley Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-016. 5. The conditions are as follows: a) That, notwithstanding Section 5.19, Section 5.19.1 and Section 5.20.2.2.1 of Zoning By-law 97-95, the proposed development and parking shall otherwise comply with all other applicable provisions of the Zoning By-Law; b) That the proposed development and parking on the property be substantially and proportionally in conformity with the dimensions as set out on the application and approved by the Committee; and, c) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after: i. The Committee's Minor Variance decision becomes final and binding; ii. The applicant has obtained Site Plan Approval from the Township pursuant to Section 41 of the Planning Act; and, iii. Council has passed a by-law to remove the Holding (H) provisions from the zoning of the subject lands. 6. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. 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 is currently under review. Development Services March 1, 2023 Report No. DS2023-016 Page 3 of 31 Page 213 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... 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. The Applicant's consent sketch is included as Schedule 3 to this report and the proposed easement sketch is included as Schedule 4. Minor Variance 2023-A-08 The applicant is proposing to build a mixed-use condominium development with 195 residential units and commercial space (restaurant) on the main floor. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 5.19.1 — Parking in the Village One V1 Zone Required: Proposed: Parking spaces are required to be located Parking spaces are proposed to be on the same lot as the permitted use or located within 275.0 metres (902.2 feet) of within 200.0 metres (656.2 feet) of the the permitted uses associated with the permitted use. I mixed-use condominium development. Section 5.20.2.2.1 — Driveways in the Village One V1 Zone Required: Proposed: Driveways that cross a front or exterior Driveways that cross a front or exterior side lot line and lead to a parking area or side lot line and lead to a parking area or parking lot shall be a minimum of 7.0 parking lot are proposed to be a minimum metres (23.0 feet) in width for two-way 6.3 metres (20.7 feet) in width for two-way traffic. traffic. Development Services March 1, 2023 Report No. DS2023-016 Page 4 of 31 Page 214 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... Section 5.19 — Parking Standards Required: Proposed: Section 5.19 Parking Standards Table Apply the Village One Zone Parking applies to the Future Development Standards Table (Table C6) to the Future Exception 67 (FD*67) Zone and Future Development Exception 67 (FD*67) Zone Development Exception 68 (FD*68) Zone. and Future Development Exception 68 FD*68 Zone on the subject property. The Applicant's Site Plan, Existing Parking Plan and Proposed Parking Plan are included as Schedules 11, 12 and 13 to this report. The following supporting information has been submitted with the Minor Variance, Consent and Site Plan Applications: • Planning Justification Report — Site Plan Approval, prepared by MHBC, dated October, 2022; • Planning Justification Report —Application for Consent, prepared by MHBC, dated December, 2022; • Planning Justification Report — Minor Variance Application, prepared by MHBC, dated February 2023; • Planning Addendum Letter— Minor Variance Submission, prepared by MHBC, dated February 17, 2023; • Site Servicing & Stormwater Management Report, prepared by WMI & Associates Limited, dated October 2022; • Landscape Drawings, prepared by Envision-Tatham, dated October 4, 2022; • Geotechnical Investigation, prepared by Soil Engineers Ltd., dated May 2022; • Parking Review, prepared by JD Engineering, dated October 4, 2022; • Parking Rates Justification, prepared by Cole Engineering, dated September 22, 2011 ; • Water Servicing Study, prepared by IBI Group, dated October, 2022; • Watermain Upgrades Drawings, prepared by IBI Group, dated September, 2022; and, • Photometrics Plan, prepared by Gerrits Engineering, revision dated October 18, 2022; 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 Services March 1, 2023 Report No. DS2023-016 Page 5 of 31 Page 215 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... development" (p. 8). Furthermore, Section 1.1 .3.4 states: "appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form" (p. 9). The subject lands are located in an established 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 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. Development Services March 1, 2023 Report No. DS2023-016 Page 6 of 31 Page 216 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... 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 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. The subject lands are located within the Horseshoe Valley 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 and will be discussed further in the following sections. 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: Development Services March 1, 2023 Report No. DS2023-016 Page 7 of 31 Page 217 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... 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: This will be addressed as part of the Site Plan Application. The County of Simcoe has requested that as part of the Site Plan Application, the applicant submit a Traffic Impact Brief to be reviewed by the County 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 a private resort street extending from Horseshoe Boulevard. In the Village One (V1) Zone, buildings or structures may be erected on lands which front onto or have access to a resort street and lot division may occur on a resort street (Section 5.10.1). 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. Development Services March 1, 2023 Report No. DS2023-016 Page 8 of 31 Page 218 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... Environmental Services Staff provided comments on these matters, through the Site Plan Approval Process. The studies were reviewed by Aecom who indicated that they believe that the wastewater treatment facility has sufficient ability to treat the additional flow and biological capacity in accordance with the existing Ministry of the Environment, Conservation and Parks (MECP) approval. The Director of Environmental Services requested that as part of the Site Plan Application that the Township obtains written confirmation that the existing private drinking water system at Horseshoe Resort has sufficient capacity to provide water service to the proposed development. 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,- 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. Development Services March 1, 2023 Report No. DS2023-016 Page 9 of 31 Page 219 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... 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). Minor Variance 2023-A-08 will be examined in more detail in the following sections. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services March 1, 2023 Report No. DS2023-016 Page 10 of 31 Page 220 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... Do the variances conform to the general intent and purpose of the Official Plan? As described above, the subject lands are located within the Horseshoe Valley Rural Settlement Area and are designated 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. Section 2.3.4.2 Development Policies of the Adopted Official Plan contains detailed policies pertaining to the development of lands within the Village Designation. Specifically, Section 2.3.4.2 speaks to parking: "It is intended that day-use parking areas be provided in such a manner as to balance the location and quantity of parking with the carrying capacity of the facilities. The required parking for the Village uses shall be considered in relation to the parking for the ski resort. Where any new development is proposed on lands currently used for parking purposes or any other lands, the proponent shall demonstrate, to the satisfaction of the Township, that any displacement of parking will not affect the carrying capacity of the existing lift systems and parking for all other Village uses, or that appropriate alternate parking provisions will be made available, in addition to any parking requirements for the proposed development" (p.39). The applicants submitted a Parking Review, prepared by JD Engineering, dated October 4, 2022, which reviewed the parking supply throughout the resort, see Schedule 14 to this report, and concluded that 890 parking spots are available throughout the resort. MHBC Planning Consultants provided a table listing all the uses throughout the resort and the associated required parking per use (see Schedule 9 to this report). Their analysis concluded that using the Village One Parking rates, there is a total parking demand of 830 parking spots, meaning that there is a surplus of 60 parking spaces. Based on above, Planning Staff is satisfied that the proposed variances conform to the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? As described above, the subject lands 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 permits a reduced rear year setback for the building, staircase and terrace. The parking lots on the subject lands are currently zoned Future Development Exception 68 (FD*68), Future Development Exception 67 (FD*67) and Village One Hold (V1(H)). Section 5.19.1 of the Zoning By-law states that: "In the Village One (V1) Zone, parking spaces are required to be located on the same lot as the permitted use or within 200.0 metres (656.2 feet) of the permitted use" (p. `5-13'). The applicants have requested to increase that distance to 275.0 metres (902.2 feet) to permit some of the required parking to be located within the main ski parking lot. According to the Planning Justification Report, these spots remain within an average 5 minute walking distance to the site. Section 5.20.2.2.1 states: "In the Village One (V1) Zone, driveways that cross a front or exterior side lot line and lead to a parking area or parking lot shall be a minimum of 7.0 metres Development Services March 1, 2023 Report No. DS2023-016 Page 11 of 31 Page 221 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... in width for two-way traffic" (p. `5-17'). As part of the proposed development, the applicants are proposing to extend Horseshoe Boulevard to the site. 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"; therefore, all the driveways that extend off Horseshoe Boulevard are required to have a minimum width of 7.0 metres (22.9 feet) for two-way traffic. The applicants have requested a variance to permit a minimum driveway width of 6.3 metres (20.7 feet) as the reconfigured driveways within the external lot to the north of the proposed development are less than the required width. The existing driveway width within that external lot is 5.8 metres (19.0 feet); therefore, they are improving the current situation by widening the driveways as part of the reconfiguration of that lot. The applicants have also requested a variance from Section 5.19. They are requesting to apply the Village One Zone Parking Standards Table (Table C6) to the Future Development Exception 67 (FD*67) and Future Development Exception 68 (FD*68) Zones. The external parking lot, located to the east of Slopeside is currently zoned Future Development Exception 68 (FD*68) and the parking lot located to the east of the chalet/Crazy Horse restaurant is zoned Future Development Exception 67 (FD*67). These parking lots currently support the parking needs for various uses. The agent provided a parking analysis that lists all the uses within the resort, the existing zoning for each use, the general parking rate and the required parking per use, as well as the Village One (V1) parking rate and the V1 required parking per use, see Schedule 9 to this report. Under the general parking standards, 891 parking spaces would be required to accommodate all the uses within the resort, whereas under the Village One Zone parking rates, 830 parking spaces would be required. The assumption under the Village One Zone is that there are shared parking demands as guests that visit the resort may use multiple facilities throughout the day, for example, they stay at the resort, eat at the restaurants and ski. The applicants provided a Parking Review, prepared by JD Engineering, dated October 4, 2022, which included a table listing the parking supply at each parking lot throughout the resort and concluded that there is a total of 890 spaces available on site, see Schedule 14 to this report. Based on those numbers, when applying the Village One parking rate to all the uses throughout the property, there is a surplus of 60 parking spaces. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff have no concerns with the parking strategy for the proposed development; however, Staff note that this parking strategy will have to be re-evaluated when the applicants bring forward the planning applications for the second phase of this development as a number of the proposed parking spaces for this development will be removed to accommodate the future phase of this development. All the technical design elements associated with the proposed development will be reviewed as part of the Site Plan Application process. The applicants submitted a Site Plan Application which has been circulated to Township Departments and external agencies for comments. As per the Site Plan By-law (2019-056), "In the case where Council or the Committee of Adjustment has approved a development application (i.e. Zoning By-law Amendment), within 12 months of the date of that decision, the Director of Development Services is hereby Development Services March 1, 2023 Report No. DS2023-016 Page 12 of 31 Page 222 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... delegated authority to approve major site plan applications and amendments thereto, unless otherwise directed by Council". Once the applicants have obtained Site Plan Approval, the Holding provision will have to be removed from the lands prior to obtaining their Zoning Certificate and Building Permit for the proposed development. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as there remains an adequate number of parking spaces throughout the resort lands to accommodate the existing uses and the proposed mixed-use development. 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 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 • 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. Development Services March 1, 2023 Report No. DS2023-016 Page 13 of 31 Page 223 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... Consultations: Notice signs were posted on the property and notice of the applications were 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: Consent Comments: • 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. • 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. Minor Variance Comments: • Township Infrastructure and Capital Projects— No comments. • Township Development Engineering — No Direct Objection(s) with the Parking Strategy as per the Minor Variance Application 2023-A-08. Concerns regarding the Parking Strategy impact(s), when the second building is developed and when the additional uses within the Village are factored in, should be considered. The evaluation of parking impacts on the long-term parking strategy have not been addressed in the one-off approach to the single / stand alone approach applied for in this Application. Technical design elements shall be reviewed in the Site Plan Application 2022-SPA-38. • Township Environmental Services - Environmental Services comments remain consistent for this property, as related to the following associated applications: 0 2022-SPA-38, comments provided February 13, 2023 0 2022-B-34, comments provided January 24, 2023 • Township Building Division — No comment. • Severn Sound Environmental Association - A portion of the property is located within the Wellhead Protection Areas A, B, and C of the Horseshoe Highlands municipal drinking water system, with vulnerability scores of 10, 8, 6, and 4 respectively. As the portion of the property, where the Minor Variance Application would apply, is outside of all Wellhead Protection Areas, policies in the Approved South Georgian Bay Lake Simcoe Source Protection Plan would not apply to the application, as it is currently presented. If changes to the application are made, these comments may become null and void. • Nottawasaga Valley Conservation Authority - NVCA has no concerns with this file, the subject lands has no hazards associated with it in that location. We recommend that if any site alterations are made that the applicant reach out to our Permit Department to determine if any permits are required. Development Services March 1, 2023 Report No. DS2023-016 Page 14 of 31 Page 224 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... 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: Existing Zoning Schedule 8: County of Simcoe comments dated January 26, 2023. Schedule 9: Parking Requirements Table Prepared by MHBC Schedule 10- Horseshoe Valley Resort — Ski and Tubing Area Map (Prepared by MHBC) Schedule 11 : Applicant's Site Plan Schedule 12: Site Plan — Existing Parking Schedule 13: Site Plan — Proposed Parking Schedule 14: Horseshoe Valley Parking Supply (Prepared by JD Engineering) 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, and that Minor Variance Application 2023-A-08 be approved, specifically to permit parking spaces that are located within 275.0 metres (902.2 feet) of the permitted use, to permit driveways that cross a front or exterior side lot line and lead to a parking area or parking lot with a minimum width of 6.3 metres (20.7 feet) in width for two-way traffic, and to apply the Village One Zone Parking Standards Table (Table C6) to the Future Development Exception 67 (FD*67) Zone and Future Development Exception 68 (FD*68) Zone on the subject property, on the lands municipally known as 1101 Horseshoe Valley Road West, on the basis that the applications meet the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andy Karaiskakis, RPP February 23, 2023 Senior Planner Derek Witlib, RPP Acting Director, Development Services Development Services March 1, 2023 Report No. DS2023-016 Page 15 of 31 Page 225 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re-... Schedule 1: Location Map —Va y-Rd. -Moonset 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 6 7 9 12 2 l Horseshoe Valley Rd.W. vr` _ �fm 1 n 0 1101 12 2 C 1 y_l�ch: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 V' � Development Services March 1, 2023 Report No. DS2023-016 Page 16 of 31 Page 226 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re-... Schedule 2: Aerial Photo —VaseyRd., i .M...s.n Rd,,� _,IF Horseshoe-Valley-Rd. 1102 11 ....Res Roaa - T rdQ 15 QfiP�/y_ m 10 2 0 2 5 7 9 °2�° � Horseshoe•Valley-Rd:W. �cu,�IYCh- OVe:U�. — 35 �d. t � .� • \ 9 �17�y 8 .,i;1 3i303 _ 28 26 2 11U1 30 '� 32 38 vt Lands to be as severed 40 S 4f ►, ��he p C491 ".a1 931[45J 50 - [4g 0085 32 0 52 (5�1i 90 g0 90 0085 y ��J ' 24 x � gtl% 0085 3000 �i� , �7 Aerial Photo Q Subject Lands Township 0 Lands to be severed Proud Heritage,Exciting Future 0 100 IT File Number:2022-3-34 Development Services March 1, 2023 Report No. DS2023-016 Page 17 of 31 Page 227 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Applicants' Consent Sketch w e s W mug, []Wr, AMP z W dddttt ' 'rr Wa / and O;:-w We f ` I f, cn � m p� N _V ry N •� UY 9 L Development Services March 1, 2023 Report No. DS2023-016 Page 18 of 31 Page 228 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re-... Schedule 4: Proposed Easement G a. x: �xv Q� W m ■��/y m LrA!/' 0 Y d 0� 9 L z i1 Development Services March 1, 2023 Report No. DS2023-016 Page 19 of 31 Page 229 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re-... Schedule 5: Township Official Plan (1997) —Schedule D — Horseshoe Valley Land Use —Vaseµ Rd.— 1 -- -—I Hw—hoe Vall_,Rdk, 91d-ear is Rd — oa—� `Ridge R - 'f O zz o 5 Horseshoe Valley Rd.W. yBirch Grove Dr. , 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 March 1, 2023 Report No. DS2023-016 Page 20 of 31 Page 230 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re-... Schedule 6: Township Adopted Official Plan (2022) — Land Use (Schedule 132) —VaseV-Rd.— F2 H�eshoeValleyRd� /tom 9Id-Earn.-Rd. // bP 9 f11 r-Pvca��o_ ?? o�_ Horseshoe Valley Rd.W. 0 0 r a Go. 4iillside-ct. A yam, eycte T MI C7 N Q R at Lands to be severed U, Township Adopted Official Plan (2022) - Land Use B2 =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 March 1, 2023 Report No. DS2023-016 Page 21 of 31 Page 231 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re-... Schedule 7: Zoning —vaseV-Rd.— _.EP 7p PR-118 PR R1* 3 Di N Q- -Moons[one.Rd,�y r R2-60 pR 11 2*6 R3*6 Rm shceValleyRd. 'A � N Ri*63 _y RS*63 T old-same-Rd. d+ 111-613 A RU R'*6 FD-67 f'.,.* A. / .0- Rl*63 ,y rt i 7hNypOtnt n yj *RL 53 m A R1*62 Rl*63 Horseshoe ValleLa y FD*67 • aPR FD-67 V1(H) Bireh Ri'G� Rl R1 1 -A3 e G%. m AJRU +r FD-67 R1 A/RU A/RU-15 FD-69 pR 11 FD-68 Hillside_Ct. 1� R1*42 W EP „'d 111*4 �GreS�•O R1 Pam#7, Viz. R2-123 R1*147 r RS*147(Hr y `+ U O PR R1*147 1 M EP 1-I47(Hi 1 tC -1.47-(H) A/RU*284 OS 1*14 P R•1:147 AlRU 1112-123 112-123 112-123 R2-123 [Q a i�1 Lands to be R1 P j j Rl A%RU severed R1 Highlantl'DC. � R1*j4111*140(H) oad. Rl r PR r§0�*,EPHr1EP!ek78 y 'o_ R1*140 O Existing Zoning _.We� 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 March 1, 2023 Report No. DS2023-016 Page 22 of 31 Page 232 of 276 6.g) 7.00 p.m. DS2023-016, 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-Medante 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 36.5 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 vv-ill 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 fol la4i ng: a) A road all ov,-ance Mdening along the frontage of the retained property, adjacent to County Road 22, w,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 March 1, 2023 Report No. DS2023-016 Page 23 of 31 Page 233 of 276 6.g) 7.00 p.m. DS2023-016, 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 by 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 March 1, 2023 Report No. DS2023-016 Page 24 of 31 Page 234 of 276 Schedule 9: Parking Requirements Table Prepared by MHBC Horseshoe Valley Resort Parking Requirements Township of Oro-Medonte Zoning By-law 97,95(October 2022 Consolidation) Use Zone General Parking Rate General Parking Req VI Parking Rate VI Parking Req W F; 516 spaces(based on Downhill Ski Facility (parking NIA N/A 10 spaces per 1 acre 51.6 acres of skiable —4 n V1) of skiable terrain terrain) o 1 parking space per 0 HV Ski Chalet FD`67 35m2of grass 0—Treated as Accessory 3.0 spaces per 100m 0—Treated as Accessory _P floor area to Downhill Ski Facility of gross floor area to Downhill Ski Facility 3 Shared Crazy Horse Banque# FD*67 1 parking space per 51n' 0—Treated as Accessory 5.0 spaces per 100m? 0—Treated as Accessory C0 of gross floor area to Downhill Ski Facility of gross floor area to Downhill Ski Facility � Kitchen N 1 parking space per W 0—Treated as Accessory 3.0 spaces per lfl0m 0—Treated as Accessory 6 Aires PatiofTiki FD*67 35m ofgross to HV Ski Chalet of gross floor area to HV Ski Chalet floor area rn HV Ski Chalet FD*67 1 parking space per 0—Treated as Accessory 2.0 spaces per 140m2 0—Treated as Accessory Sports Retail Store 20mrof gross floor area to Downhill Ski Facility of gross floor area to Downhill Ski Facility HV Ski Chalet FD*67 1 parking space per9mj 0—Treated as Accessory 4.0 spaces per 100m 0—Treated as Accessory Chalet Boardroom ofgross floor area to Downhill Ski Facility of gross floor area to Downhill Ski Faciliy Shoe Brew Coffee FD*67 1 parking space per 9rn 6 spaces(based on 51 ml 5.0 spaces per 100m' 3 spaces(based on 51 m N Shop of gross floor area of gross floor area) of gross floor area of gross floor area) C HV Ski Chalet a 0 Crazy Horse FD*67 1 parking space per 9m 25 spaces(based on 5.0 spaces per lido' 12 2paces(based on n of gross floor area 223m of gross floor areal of gross floor area 223m of gross floor area Restaurant HV Ski Chalet 1 parking space per 9mr 42 spaces(based on 4.0 spaces per 10-Orn' 15 spaces(based on O cQ Alpine Roam ofgross floor area 376m2of gross flour areal of gross floor area 376m1 of gross floor area) NHV Ski Chalet Fairway FD*67 1 parking space per9mj 20 spaces(based on 4.0 spaces per 100rn 8 spaces(based on 178mr N Room ofgross floor area 178m'of gross floor area) of grass floor area of gross floor area) o FD*67_ HV Ski Chalet 1 parking space per9mt 10 spaces(based on 84 m' 4.0 spaces per 100m' 4 spaces(based on 84mr m N Go West Room ofgross floor area of gross floor area) of gross floor area of gross floor area LI � v 10 spaces per 1 acre 32 spaces(based on 3.2 CD ofHill FD*67 NIA NIA of skiable terrain acres) v Development Services March 1,2023 =3 (D Report No.DS2023-016 Page 25 of 31 (D Schedule 9: Parking Requirements Table Prepared by MHBC(Continued) Use Zone General Parking Rate General Parking Req V1 Parking Rate V11 Parking Req PR 24 parking spaces per 32 spaces(based on 24 parking spaces per 32 spaces(ba5ed on Golf Course PR"118 nine hales current 12 holes) nine holes current 12 holes) FD*67 cQ The Horseshoe Inn FD*69 FG*69 Requires flat rate 54 FD*59 Requires flat 54 of 54 spaces rate of 54 spaces 0 1.25 parking spaces Relies on 20 spaces from 0 0 Copeland V1 N/A N/A per dwelling unit resort parking 1.25 parking spaces Horseshoe Ph 1 per dwel li ng unit Relies on 134 spaces from CO Residential& V1*318 N/A N/A Restaurant resort parking N Restaurant 5.0 spaces per 100m O N of gross floor area W Total Parking Demand - 891 spaces - 83)spaces O Total Parking Supply 8900 parking spaces rn Parkin g Ca pacit -1 spaces +60 spaces n !v 0) M. 0) Z7 0 n !v O_ v ca � N W (D rn 3 O_ (D N Q 4 w ((D N Development Services March 1,2023 =3 (D Report No.DS2023-016 Page 26 of 31 (D Schedule 10: Horseshoe Valley Resort-Ski and Tubing Area Map(Prepared by MHBC) Horseshoe Valley Resort �R ` Skiing and Tubing Area - cQ y -4 i' o " + t• CO N O N s CD . �. YCO n Sv CD Skiing Area +2p,g a+51,fi Acres CD W �71F+�. Tubing Area +4.3ha +3.2 Acres ,t M — — (D N Development Services March 1,2023 =3 (D Report No.DS2023-016 Page 27 of 31 (D 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re-... Schedule 11: Applicant's Site Plan 1� 1 1 II I Site Plan «•. Tua_f Proud Hn tafie,Fx inp Future File.N—be,2023-A-08 Development Services March 1, 2023 Report No. DS2023-016 Page 28 of 31 Page 238 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re-... Schedule 12: Site Plan — Existing Parking l� Fl]-FxY.F l� F p y� Site Plan - Existing Parking �U !f /�]Township Proud Hrritugr,Exciting Fran" File Number 2023-R-08 Development Services March 1, 2023 Report No. DS2023-016 Page 29 of 31 Page 239 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re-... Schedule 13: Site Plan — Proposed Parking .rtl x5if2 RaL�[LC �V s nnxCi Y �� WI IUM YYr N�Ir Ynrr� 1 '��, �nwP a F. 'q.'• �� ww.wa sirncrm*aa+iax:a'i3 sfff iC R.=%FRdN-�L�� Site Plan - Proposed Parking T( 1 , of Proud Hrritugr,Exciting Fora" File Number:2023-A-08 Development Services March 1, 2023 Report No. DS2023-016 Page 30 of 31 Page 240 of 276 6.g) 7.00 p.m. DS2023-016, Catherine McCarroll, Intermediate Planner re-... Schedule 14: Horseshoe Valley Parking Supply (Prepared by JD Engineering) Table 3—Horseshoe Valley Parking Supply(Revised Parking Estimate Zone 1 2 3 4 5 fa 6113 7 8 Nev; I]estription Main Lot HVR Sales Cope and Yamaha Restaurant Slopeside 1 External Resort Horseshoe TOT.L.L Lot Lot f valet Condo- Parking Inn Ph-1 Parking Supply 703 143 15 67 46 54 83 541 284 137 L,596 Ski Parking Supply 703 143 15 -20 46 0 83 54 0 -134 890 Development Services March 1, 2023 Report No. DS2023-016 Page 31 of 31 Page 241 of 276 Minor Variance Application (2023-A-08) HSV GP Inc. Location: 1101 Horseshoe Valley o Road West " Jm� d CD Zoning: Village One Exception 318 H°�°°°� „ � M ° ` N o N Hold (V1 *318(H)) 21 o 35 Official Plan: Horseshoe Valley 9'e v Village (° =. Q' 41 Current Use: Horseshoe Valley 3=,� 0 Lantlsd b Resort °re° 0 �_ v — � s — =3 N N Pr—d Heritage,Exciting Fufurr Minor Variance Application (2023-A-08) HSV GP Inc. Purpose: The applicant is proposing to build a mixed-use condominium development with 195 residential units and commercial space (restaurant) on 3 the main floor. The applicant is seeking relief to the following sections of Zoning o By-law 97-95, as amended: N W Section 5.19.1 —Parking in the Village One (V1)Zone o Required: Proposed: Parking spaces are required to be located Parking spaces are proposed to be v on the same lot as the permitted use or located within 275.0 metres(902.2 feet)of within 200.0 metres(656.2 feet)of the the permitted use. CD permitted use. =' (D Section 5.20.2.2.1 —Driveways in the Village One (V1)Zone 0 Required: Proposed: Driveways that cross a front or exterior Driveways that cross a front or exterior o v side lot line and lead to a parking area or side lot line and lead to a parking area or m parking lot shall be a minimum of 7.0 parking lot are proposed to be a minimum r1j CD metres(23.0 feet)in width for two-way 6.3 metres(20.7 feet)in width for two-way 0 traffic. traffic. �/ m 0 / Township of 0') Praiir(HrrinRr,Ezrifing Ferliirr CD CD Minor Variance Application (2023-A-08) HSV GP Inc. Purpose (cont'd): o Section 5.19— Parking Standards P Required: Proposed: 0 Section 5.19 Parking Standards Table Apply the Village One Zone Parking o applies to the Future Development Standards Table (Table C6) to the Future w Exception 67 (FD*67)Zone and Future Development Exception 67 (FD*67)Zone b Development Exception 68 (FD*68)Zone. and Future Development Exception 68 (FD*68)Zone on the subject property. n v m =' m n n v o v m =3 NCD 3 O (p / Township of � Praiir(HrrinRr,Ezrifing Ferliirr CD CD Minor Variance Application (2023-A-08) HSV GP Inc. Aerial Photo: ca,E31 _ 3 9;2 0 Horseshoe Valley Rm - 1 g ° 1101 Bircfi-Grove.U[ 37 11 3 f CD fi,; _4 0 � 1 0 � yalleyc� P - l J 03 ti r. .. _ 28 26 0 30 32 CD 8 M. Lands to be 36 = se (D vered a0 <n�� 4�3 1"9 �5 �s 0 1 5 [- 0085 3 10 52 [51 � 53 0 B so 0085 e _ 1' (D y 1?SzJ =3 CD 3028 k1i9h�Sna•G�—��, 2a A -% Cn I 51 L OQ, 3 Q .�\ 0095 ate. - �!. I� J i�oG= Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-08) HSV GP Inc. County of Simcoe Official Plan w o Land Use: 0) 'g s � �:� r' ao"pomr�Q;nesRa N 0 Horseshoe Valley Rd�W.��%��' —I c � W Birch-Gro, '} ` 0 CoJC l J VA � d (D (P =3 ati (D n Subject Lands - v Hi9hlanaAr. m � 6 O settlements cc v 9q J (D a cy"sr norWay 3 N Greenlands o D ��Pr m - Nortlic.Tr. Ridgewood Ct (D P! 3 o Rural _.,: PO q /9 Township of �� Pranr(HnilnRr,Esrrlinq Ferhirr Minor Variance Application (2023-A-08) HSV GP Inc. Township Official Plan (1997) o Land Use: � A SSA 8 5 Co O eshoe Va11 Rd.W. N O UT m�m ss Dr• � CD ' =CD r�77 Subject Lands Lands to tiT n be severed _ o v I� Low Density Residential Resort Facility Lands tobCa severed 2) I Medium Density Residential = Village m m oU Recreational 3 0 m Tow�hip� s P-4 Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-08) HSV GP Inc. Adopted Township Official Plan ../'^ Land Use: A (�a r N Pvn_m m 1 O _Horseshoe Valley..W. N Grove j; W O Hill.! p Subject Lands % Y ur C CD 117-1 Lands to be severed %. CDLow Density Residential Medium Density Residential Commercial Lands to be o � severedd Ca Recreational m I a -A =3 Village m oSettlement Area I _ CD Township�f; P-4 Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-08) HSV GP Inc. Existing Zoning: . 0 Village One Exception 318 q o �IA N Hold (V1 *318(H)) Horseshoe Valley Rid.W`.�zz �Pm _ N s> vIX) - Blr ri W ai a c� 0 0 Lands to be severed 5 e •Iw.ss _ rose tllsl Subject Lands ge. 0v R1(Residential One) m R2(Residential Two) �' �.r, m A/RU (Agricultural/Rural) EP(Environmental Protection) •=G _ LL n OS(Open Space) "/au v PR (Private Recreational) -' - 1� Lands to R,gnlaaAor — £ severed )l N MW FD (Future Development) - _ =3 A //�� i o(X) \V �r ei � � c V1 (Village One) 3 m J Pr—d Heritage,Ex W,,g Fufurr CD CD Minor Variance Application (2023-A-08) HSV GP Inc. Applicant's Site Plan: o CD �t \ w J m. m CD � m o CD o 3 rn �9/�/��eCC(IiLtPi � Prai�r(HnilnRr,Esrrlinq Ferhirr CD CD Minor Variance Application (2023-A-08) HSV GP Inc. Site Plan — Existing _, o O Parking: o CD O N CD CD r __ _ "e„ CO N (D 3 o N, m Q Township rn I � _�_ iYJ�cl22tPi P-4 Heritage,Exciting Fut— CD CD Minor Variance Application (2023-A-08) HSV GP Inc. Site Plan — Proposed o o 0 Parking: - _ - - o p (D CD w.xo r n v - v.... . m N --_ N —�(D Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-08) HSV GP Inc. � 0 0 0 CD 0 CD CD I' y — 0 . v cQ - N Looking East along Horseshoe Valley Looking West along Horseshoe CD W Road West Valley Road West 3 CD {� � s Q v �: �%2G�CCCJ/2tP� Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-08) HSV GP Inc. r ;. 0 _. O J� PP n _ ,.. _ F_ m =. m n _ 0 v Looking South along Horseshoe Proposed extension of Horseshoe = 0 Cn Boulevard Blvd. with an easement from Birch Grove Drive to the site C Pr—d Heritage,Exciting Fufurr CD CD .,�Minor Variance Application (2023-A-08) HSV GP Inc. CD , • 4 g 1 CD 1 1 • Notice signs posted CD NJ • 1 Minor Variance Application (2023-A-08) HSV GP Inc. 0 0 0 A (n 17 -W- - 9� kl ME, 4 t- h, p Amw ate. s v (D =. (D n Parking lot adjacent to Horseshoe Sales lot parking adjacent to the Cn Valley Road church �(D rQ Tow�h,p of (9 Araard HnilnRr,Ezrifing Ferliirr CD CD Minor Variance Application (2023-A-08) HSV GP Inc. 0 0 3 o u!6U N 0 4 7' (D = CD CD � o v Main ski parking lot 3 CD : Q Pr—d Heril�gr,Ea W,,g Pufurz CD CD Minor Variance Application (2023-A-08) HSV GP Inc. � o arCOa., o, I l ■t mm ® ` m � O Restaurant/chalet parking Slopeside 1 condo parking C CO Q Pr—d Heritage,Exciting Fut,,e CD CD Minor Variance Application (2023-A-08) HSV GP Inc. o o ry pjjjjk�� ` (D M. (D 0 n v O Existing resort parking lot Location of the proposed additional CD CID resort parking 3 CD Q r u.uh;n I rn Pra d HrHll gr,E-iimg Ferliirr CD CD Minor Variance Application (2023-A-08) HSV GP Inc. y. t iM i AIR i (D (D n n v 2- Parking lot adjacent to the proposed development & Slopeside to be CD reconfigured with additional parking spaces 3 BCD s Q J �: p2tPi Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-08) HSV GP Inc. 0 CD Y . 0 o o CD c.n..r1uF' CD (D n 0 w 0 (Q — N Existing parking lot on the site of the CD proposed development 3 CD o �_ s Q Pr—d Heritage,Exciting Fufurr CD CD Consent & Minor Variance Applications (2022-B-34 & 2023-A-08) HSV GP Inc. Recommendation for Consent Application: Approve o It is recommended: _P 3 1. That Report DS2023-016 be received and adopted; 0 2. That Consent Application 2022-B-34 by HSV GP Inc.,to create a new lot for a proposed mixed-use commercial and residential CO condominium development and to create an easement along Horseshoe Boulevard,from Birch Grove Drive to the new lot,for O access to the site,on the lands municipally known as 1101 Horseshoe Valley Road West,Township of Oro-Medonte,be approved N subject to the conditions as outlined in Report DS2023-016. 0 0 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; (D b) That the applicant apply for and obtain final approval of all necessary Minor Variances to the satisfaction of the Township of M. Oro-Medonte; (D c) That the Applicant transfer to The Corporation of the County of Simcoe("County"), in fee simple,free and clear of all liens and Z-1 encumbrances, a road widening to provide a 18.0 metres right-of-way from the centre line of Horseshoe Valley Road West 0 (County Road 22)along the frontage of the retained lands,where necessary,adjacent to Horseshoe Valley Road West(County n 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 O v good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be cc responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990,as amended,to (D N consolidate the widening with Horseshoe Valley Road West as one Property Identifier Number to the satisfaction of the N N 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. (D 'Cl 0') �1-/�] umship of To Prai�r(HnilnRr,Esrrlinq Ferhirr CD CD CD Consent & Minor Variance Applications (2022-B-34 & 2023-A-08) HSV GP Inc. Recommendation for Consent Application: Approve 0 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 10.0 metres road widening along the frontage of the retained lands,adjacent to Horseshoe Valley Road West 3 (County Road 22),from the PIN 740530268/PIN 740530269 property line,west,to a point of 125.50 metres,enclosing an area 0 approximately 1255 square metres, to the County. The Applicant's solicitor shall prepare and submit a draft of the proposed (p Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the N 0 Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the N Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, W R.S.O. 1990,as amended,to consolidate the 10.0 metres widening with Horseshoe Valley Road West as one Property Identifier 0 Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and rn Consolidation Application, including costs relating to surveying, legal fees,and disbursements,agreements, HST,etc.shall be n fully borne by the Applicant. v e) That all municipal taxes be paid to the Township of Oro-Medonte; CD f) 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 =3 the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title; CD g) 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; 0 h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42)of the Planning Act R.S.O. 1990,without v qualification;and, p v i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. cc (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date - M of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted m 0') statutory two-year period(Sections 53(41)&53(43),the Planning Act R.S.O. 1990)shall cause the application to � o lapse and render this Decision null and void. (p /9 Toumship of �� Prair(HnilnRr,Esrrlinq Ferhirr CD CD CD Consent & Minor Variance Applications (2022-B-34 & 2023-A-08) HSV GP Inc. Recommendation for Minor Variance Application: Approve o 1. That Minor Variance Application 2023-A-08 by HSV GP Inc.,specifically to permit parking spaces that are located within 275.0 P metres(902.2 feet)of the permitted uses associated with the proposed mixed-use condominium development,to permit driveways that cross a front or exterior side lot line and lead to a parking area or parking lot with a minimum width of 6.3 metres 0 (20.7 feet)in width for two-way traffic,and to apply the Village One Zone Parking Standards Table(Table C6)to the Future rev Development Exception 67(FD*67)Zone and Future Development Exception 68(FD*68)Zone on the subject property, on the oN lands municipally known as 1101 Horseshoe Valley Road West, Township of Oro-Medonte, be approved subject to the conditions w as outlined in Report DS2023-016. 0 rn 2. The conditions are as follows: n v a) That, notwithstanding Section 5.19, Section 5.19.1 and Section 5.20.2.2.1 of Zoning By-law 97-95,the proposed development and parking shall otherwise comply with all other applicable provisions of the Zoning By-Law; m b) That the proposed development and parking on the property be substantially and proportionally in conformity with the m dimensions as set out on the application and approved by the Committee;and, C c) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after: i. The Committee's Minor Variance decision becomes final and binding; 0 ii. The applicant has obtained Site Plan Approval from the Township pursuant to Section 41 of the Planning Act;and, iii. Council has passed a by-law to remove the Holding (H)provisions from the zoning of the subject lands. o_ cc v — CD � M 3. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. CD CD o 1—hip of 53, Prair(HnilnRr,Esrrlinq Ferhirr CD CD Ta) DS2023-008, Danielle Waters, Planner re: Minor Variance Application... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-008 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # March 1, 2023 Minor Variance Application 2022-A-53 Roll #: Randy Langstaff R.M.S. File #: 4346-010-011-26200 419 Line 11 South D13 60814 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-008 be received and adopted. 2. That Minor Variance Application 2022-A-53 by Randy Langstaff specifically to enlarge a non-complying structure by permitting the construction an addition to an existing single detached dwelling within the 30 metre setback to a watercourse and the Environmental Protection Zone, and a reduced front yard setback for a covered unenclosed deck to 5.18 metres (17.0 feet), on lands municipally known as 419 Line 11 South, be approved, subject to the conditions as outlined in Report DS2023-008. 3. The conditions are as follows: a) That notwithstanding TableB1 , Section 5.9 and 5.16, the single detached dwelling addition and unenclosed deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition and unenclosed deck be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P. Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the structure and verifying in writing by way of survey/real property report, prior to framing inspection, that the deck is located no closer than 5.18 metres (17.0 feet) from the front lot line; d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, Lake Simcoe Region Conservation Authority Permit (LSRCA) and Building Permit be obtained from the Township only after the Committee's decision Development Services March 1, 2023 Report No. DS2023-008 Page 1 of 12 Page 265 of 276 Ta) DS2023-008, Danielle Waters, Planner re: Minor Variance Application... 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. Background: The subject property has a lot area of 0.125 hectares (0.3 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and a detached accessory building. The applicant is proposing to construct an addition at the rear of the existing dwelling as well as a covered unenclosed deck located at the front of the dwelling. This application was the subject of a Public Hearing at the October 5, 2022, Development Services Committee, where the application was deferred to allow the applicant time to satisfy comments received by LSRCA. Comments previously received noted a flood-related hazard concern on the property. The applicant has submitted a topographic survey which has been reviewed by LSRCA staff who are now satisfied that their previous comments have been addressed. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Table B1/Section 5.9 Encroachments in Required Yards Required: Proposed: 6.5 metres (21 .3 feet) from front lot line 5.18 metres (17.0 feet) from the front lot (Deck permitted to encroach by 1.0 metre line for covered unenclosed deck (Deck to (3.2 feet) into minimum required 7.5 encroach 2.32 metres (7.61 feet) into front metres 24.6 feet front yard setback and Section 5.16 Non-Complying Buildings and Structures Required: Proposed: A non-complying building or structure may Increasing the square footage of the be enlarged, repaired, replaced or existing dwelling by permitting an addition renovated provided that the enlargement, within the 30.0 metres setback to the repair, replacement or renovation: does Environmental Protection Zone and a not in any other way increase a situation Watercourse of non-compliance The applicant's site plan and elevation drawings are included as Schedule 3 and 4 to this report. Development Services March 1, 2023 Report No. DS2023-008 Page 2 of 12 Page 266 of 276 Ta) DS2023-008, Danielle Waters, Planner re: Minor Variance Application... Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .3 — Settlement Areas, Section 2.1 — Natural Heritage, Section 3.1 — Natural Hazards are applicable to this application. Section 1 .1.3 — Settlement Areas is applicable as the subject lands are located within the Hawkestone Rural Settlement Area — The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Settlement Areas section supports residential development and intensification within these boundaries; the applicant is proposing constructing an addition at the rear of the existing dwelling and a deck at the front of the dwelling that would be permitted by these policies. Section 2.1 — Natural Heritage and Section 3.1 — Natural Hazards are applicable as the subject lands are adjacent to Hawkestone Creek. As per revised comments received from LSRCA, the application now conforms with the PPS. Planning Staff is of the opinion that this application conforms to the PPS, 2020. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. The lands subject to this application are within the Rural Settlement Area of Hawkestone and are subject to the policies of Section 2 — Where and How to Grow. This includes Subsection 2.2.9 - Rural Areas which contains policies for rural settlements, such as Hawkestone. Subsection 2.2.1.2(e) is particularly relevant to this application because it states that, "development will be generally directed away from hazardous lands...". The applicant has submitted additional information to LSRCA and they are satisfied with the proposed development. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements and minimize land consumption and servicing costs" (County of Simcoe, 2016). Considering that the LSRCA has identified flooding and erosion hazards associated with Hawkestone Creek on the subject lands, Sections 4.5.4, 4.5.9 and 4.5.25 are Development Services March 1, 2023 Report No. DS2023-008 Page 3 of 12 Page 267 of 276 Ta) DS2023-008, Danielle Waters, Planner re: Minor Variance Application... particularly relevant to this application. The applicant has submitted additional information to LSRCA, which is now satisfied that the proposed development has addressed the flooding and erosion hazards previously identified. Based on the above, in Planning Staff's opinion, the applicant's minor variance application conforms to the general intent and purpose of the County's Official Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are regulated by the LSRCA. The LSRCA has been circulated for this application and reviews applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. The applicant has submitted a topographic survey to the LSRCA for review to further assess this application. Based upon LSRCA's review of the submitted information in support of the application, it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, Regional and Local plans. LSRCA requested the following condition should Committee approve the application: That the Owner shall obtain a permit from the LSRCA under Ontario Regulation 179/06 prior to the proposed development and site alteration taking place. Based on the above, in Planning Staff's opinion, the applicant's minor variance application conforms to the Lake Simcoe Protection Plan (LSPP). Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(2)(a)(i) for the consideration of the enlargement or extension of the building or structure whose use is not currently permitted by the Zoning By-law, if that building or structure was used for a purpose lawfully permitted on the day the Zoning By-law was passed and that use has continued until the date of the application to the Committee. Consideration should be given to whether the enlargement or extension of the non- conforming building or structure would hinder the achievement of the goals, purpose or intent of the Official Plan and Zoning By-law, and the desirability for development of the property in question and the impact on the surrounding area. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Development Services March 1, 2023 Report No. DS2023-008 Page 4 of 12 Page 268 of 276 Ta) DS2023-008, Danielle Waters, Planner re: Minor Variance Application... Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The Township's Official Plan identifies the subject lands to be within the Hawkestone Residential Area designation. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. Section B5.1.3 - Floodplain Management is also applicable to this application. The applicant has submitted additional information to LSRCA to address flooding and erosion hazards associated with Hawkestone Creek and they are now satisfied that the proposed development has addressed these previous concerns. Planning Staff is of the opinion that this application conforms to the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97- 95, as amended. The primary purpose of the setback from a watercourse and the Environmental Protection Zone, is to ensure the health and safety of people and property. When looking at the enlargement of a structure within these zones it is important to also consider this. The applicant has submitted additional information to LSRCA, and they are now satisfied with the proposed development. The primary purpose of the front yard setback is to provide spatial separation between structures and the road, as well as to provide space for access around a structure, maintenance, and parking. Notwithstanding the proposed variance, Planning Staff believe that the proposed setback will provide an adequate setback from the lot line and not restrict parking on the lot, since the front covered deck addition will not interfere with the relatively existing large driveway on the lands. For the reasons outlined above, Planning Staff is of the opinion that the requested variances meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed additions to stand out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the proposed rear addition would be visible from the neighbouring properties, however, the front covered porch will blend in with the neighbourhood. The proposed structure will not interfere with functional matters such as parking and the septic system. Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Development Services March 1, 2023 Report No. DS2023-008 Page 5 of 12 Page 269 of 276 Ta) DS2023-008, Danielle Waters, Planner re: Minor Variance Application... 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 residential neighbourhood, will not detract from the use and enjoyment of nearby properties and will not negatively affect the functionality of the subject lands. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and 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, 2020 • County of Simcoe Official Plan • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended. Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: Development Services March 1, 2023 Report No. DS2023-008 Page 6 of 12 Page 270 of 276 Ta) DS2023-008, Danielle Waters, Planner re: Minor Variance Application... • Township Development Engineering — No objection, Engineered Lot Grading Required • Township Infrastructure and Capital Projects — No objection • Township Building Department — Building Division has no comment at this time. Owner/applicant to be aware that a septic verification permit OR a new septic permit to be obtained prior to issuance of building permit. • LSRCA — permit required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Zoning Map Schedule 4: Applicants Proposed Site Plan Schedule 5: Applicants Proposed Elevation Conclusion: Planning Staff recommends that Minor Variance Application 2022-A-53 be approved, specifically to enlarge a non-complying structure by permitting the construction an addition to an existing single detached dwelling within the 30 metre setback to a watercourse and the Environmental Protection Zone, and a reduced front yard setback for a covered unenclosed deck to 5.18 metres (17.0 feet), on lands municipally known as 419 Line 11 South, 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 February 10, 2023 Derek Witlib, Acting Director, Development Services February 22, 2023 Development Services March 1, 2023 Report No. DS2023-008 Page 7 of 12 Page 271 of 276 Ta) DS2023-008, Danielle Waters, Planner re- Minor Variance Application... Schedule 1: Location Map —va:erad. 346 N 352 4 W 3 j l 353 Q H.,...hu%Valley-Hd. 358 37 Matilda 5t. 31 _ - 9 375 16 24 30 40 48 391 4fi//S.r 56 403 16 420 419` r 45 C 421 J 426 425 433 440 439 446 F—T567 165 8 6 4 2 Location Tourashi gift Ot ;4 ® Subject Lands /j� _ _ P f Proud Heritage,Exciting Future 0 loom File Number:2022-A-53 I a t Development Services March 1, 2023 Report No. DS2023-008 Page 8 of 12 Page 272 of 276 Ta) DS2023-008, Danielle Waters, Planner re: Minor Variance Application... Schedule 2: Aerial Photo —VascyRd.— f _Maonst—RRdd+-mil Ho rseshoeWal IeyRd� 77 Old k.' Rdw 45 �Ridge�Roab 403 420 a 419 42.1 J 426 425 r 433 fV 439 448 567 a 6 4 2 a Aerial Photo / Q Subject Lands Touazsfiiy of .Proud Heritage,Exciting Future 0 100 m File Nurnher.2022-A-53 i I Development Services March 1, 2023 Report No. DS2023-008 Page 9 of 12 Page 273 of 276 Ta) DS2023-008, Danielle Waters, Planner re- Minor Variance Application... Schedule 3: Zoning Map —vascy�kd.— -Moons[oa¢Rd�{ Ho rseshee-Val ley-Rd� OIdBarrf e•Rd� �RidgeNRea� ✓. E m N C J RI R1 Existing Zoning .� Subject Lands R1(Residential One) Township of EP(Environmental Protection) Proud Heritage,Exciting Future 0 41 60 Meters File Number:2022-A-53 �I I Development Services March 1, 2023 Report No. DS2023-008 Page 10 of 12 Page 274 of 276 Ta) DS2023-008, Danielle Waters, Planner re- Minor Variance Application... Schedule 4: Applicants Proposed Site Plan y � e fr y ! Y f rr / y r y r \ r \ Y \ 1 OZ.- .eavy amcc nae ' fkwl�!�eo:srrmyyl .men, m�e�rry. decks[2� \\ nick �e.sd �afr \ 'xa aesxM' !J rh°25c]x M4 v0 —� Applicant's Site Plan Touruhipof~ Fraud Heritage,&xritirkt,i^'r},w File Number 2022-A-53 Development Services March 1, 2023 Report No. DS2023-008 Page 11 of 12 Page 275 of 276 Ta) DS2023-008, Danielle Waters, Planner re- Minor Variance Application... Schedule 5: Applicants Proposed Elevation El ...... LL GCS ----------------------- Applicant's Elevations 11 TU��a��f:GGVyGLY/ Proud Heritage,Exciting Future File Wi,bi 2022-A-$3 Development Services March 1, 2023 Report No. DS2023-008 Page 12 of 12 Page 276 of 276