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04 05 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, April 5, 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 158 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 - 18 a) Minutes of Development Services Committee meeting held on Wednesday, March 1 , 2023. 5. Public Meetings: None. 6. Public Hearings: 19 - 40 a) 5:30 p.m. DS2023-022, Danielle Waters, Planner re: Minor Variance Application 2023-A-09, Douglas Mark Group, 90 Ward Avenue. 41 - 81 b) 5:40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-10, Manoharan Pathmanathan, 2388 Highway 11 . 82 - 115 c) 5:50 p.m. DS2023-021 , Danielle Waters, Planner re: Minor Variance Application 2023-A-11, 8903 Properties Inc., 18 Small Crescent. 116 - 147 d) 6:00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: Consent Application 2023-B-02, Sherry & Don Hubbert, 404 Ridge Road East. Page 2 of 158 7. Reports of Municipal Officers: 148 - 158 a) DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control By-Law Update [Refer to Item 5a) 04 05 2023 Council Agenda]. b) Minor Variance Application 2023-A-03, David and Danielle Nicoletta, 67A Huronwoods Drive [from March 1 , 2023 Development Services Committee meeting - Deferred to May 3, 2023 Development Services Committee meeting]. 8. Next Meeting Date: Wednesday, May 3, 2023. 9. Adjournment: a) Motion to Adjourn. Page 3 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte Development Services Committee Minutes Township of Electronic Hybrid Meeting t?te Proud Heritage,Exciting Future Wednesday, March 1, 2023 5:31 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Staff Derek Witlib, Acting Director, Development Services; Andy Karaiskakis, Present: Senior Planner; Catherine McCarroll, Intermediate Planner, Danielle Waters, Planner; Michael Barton, Township Planning Consultant; Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Patrick Howse, Information Technology Technician (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Deputy Mayor Lavoie assumed the Chair at the above noted time and called the meeting to order. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron- Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. Page 1 of 15 Page 4 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 1, 2023. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC230301-1 Moved by Bard, Seconded by Greenlaw It is recommended that the agenda for the Development Services Committee meeting of Wednesday March 1 , 2023 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, February 1, 2023. 'A�J, 1 Motion No. DSC230301-2 Moved by Young, Seconded by Hutcheson It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, February 1, 2023 be received and approved as printed and circulated. Carried. Page 2 of 15 Page 5 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 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, 15 Guest Road, 2022-ZBA-13, 15 Guest Road Inc. Deputy Mayor Lavoie called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by 15 Guest Road. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 6, 2023; Ministry of Transportation dated February 6, 2023; Severn Sound Environmental Association dated February 7, 2023; Township of Oro-Medonte, Building Division dated February 10, 2023; Enbridge Gas Inc. dated February 21, 2023; Township of Oro- Medonte, Operations Division dated February 22, 2023; Futurus Investments dated February 28, 2023; County of Simcoe, Planning Department dated February 28, 2023. Michael Barton, Township Planning Consultant, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Melanie Horton, agent on behalf of the applicant, was present. John Mutton, agent on behalf of the applicant, was present. Santo Costabile, applicant, was present. The following provided public comments: Donald Kettle provided concerns regarding the culvert that was installed by the MTO, flooding and drainage, disintegration of sink holes and damage of vehicles, use of trucks using the road, water contamination, drinking water, traffic, waste product and water flow. Michael Holjevac provided concerns regarding the application status, the culvert and loaded trucks damaging the culvert, weight limits and road not suitable for trucks, number of trucks, speed limit, business has been operating, traffic and noise, suggestion of a service road to go around properties, quality of life, decrease of property value, application not appropriate, sign proposal notice when posted and culvert drainage. Karen Proctor provided concerns that the business was running last year, trucks starting early and going all day, damaging roads and area, on the weekends can document working all week, loaders are running in the summer until 9:00 p.m. and continuing all day. Fred Goldsmith provided concerns regarding the building at the back of the building, the building on cement pad, should a permit be required, running the business all year and the culvert is similar to a speed bump. 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 15 Page 6 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 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 10, Concession 5, Municipally known as 529 Mount St. Louis Road West, 2023-ZBA-02, Level Design Inc. Deputy Mayor Lavoie called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Level Design Inc. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 6, 2023; Township of Oro-Medonte, Building Division dated February 7, 2023; Township of Oro-Medonte, Operations Division dated February 6, 2023; Enbridge Gas Inc. dated February 21, 2023; County of Simcoe, Planning Department dated February 24, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Tim Cane, agent on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. Page 4 of 15 Page 7 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 1, 2023. 6. Public Hearings: a) DS2023-010, Danielle Waters, Planner re: Minor Variance Application 2022-A-63, Brandy Moser, 5183 Line 9 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Brandy Moser. The following correspondence was received: Victoria Hoffmann, dated February 8, 2023; Lorain deKoning dated February 6, 2023; Brian Johnstone dated February 8, 2023; Bertriz Muller dated February 8, 2023; Township of Oro-Medonte, Building Division dated February 10, 2023; Township of Oro-Medonte, Manager, Development Engineering dated February 10, 2023, Ministry of Transportation dated February 10, 2023; Township of Oro- Medonte, Operations Division dated February 10, 2023; Nottawasaga Valley Conservation Authority dated February 17, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Brandy and Troy Moser, applicants, were present. va 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. DSC230301-3 Moved by Schell, Seconded NYoung It is recommended 1. That DS2023-010, Danielle Waters, Planner re: Minor Variance Application 2022-A-63, Brandy Moser, 5183 Line 9 North 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 DS2023- 010. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 15 Page 8 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 1, 2023. b) DS2023-017, Derek Witlib, Acting Director, Development Services re: Minor Variance Application 2023-A-03, David and Danielle Nicoletta, 67A Huronwoods Drive. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by David and Danielle Nicoletta. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 9 and 17, 2023; Township of Oro-Medonte, Environmental Services Department dated February 10 and 21, 2023 and included June 14, 2022 correspondence from Development Services Department; Township of Oro- Medonte, Building Division dated February 10, 2023; Township of Oro-Medonte, Operations Division dated February 10, 2023; Sandy Roe dated February 22, 2023; Jacinta McLoughlin and Simon Ford dated February 23, 2023; Alison Young dated February 28, 2023; Gillian Leava dated February 28, 2023. Derek Witlib, Acting Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. q1161 law Andrew McIntyre, agent on behalf of the applicant, was present. David Nicoletta, applicant, was present. The following provided public comments: Simon Ford provided comments regarding the timing of receiving the public notice and Canada Post schedule, application at a dangerous location, step hill, no setback on a bend, application fails to meet four tests, better location comments, new building requires a separate driveway, comments on bigger than other houses, comments that it is not accessory, it is a second house, is there an intention to split the lot, the build into the steep hill and the danger comments, construction building dangers, busy and dangerous road conditions, multiple business and vehicles visually with snow piling up concerns, decrease in sight and safety issues and sets a precedence of building additional homes. Sandy Rowe provided comments of choosing to live in the area with the vision of the communities in the Township and regarding the Official Plan, community collaboration, numerous variances are not minor and application setting precedence, fine line between growth and managing unique character of Township, the digging into the bank, removing vegetation/trees and adding a retaining wall is not unique character of Township and to consider community vision. Page 6 of 15 Page 9 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 1, 2023. Gillian Leava provided comments referred to her in correspondence submitted, opposition of ecological removal, data deficiencies not answered or overlooked, in complete opposition of application, safety of residents concerns, application will result in an invasive act of established ecological systems, removal of significant wildlife habitat, environmental designation comments, designed as woodland, the application only benefits the proponent and gives risks, hazards and disturbances to the rest of the community, too many data deficiencies and gaps to understand true nature of structures will bear on surrounding systems, i.e., pump house, erosion and drainage and changes to grade and topography. Additional concerns are area of impact will be greater than what is shown on slides, majority of area is woodland and retaining wall will result loss of dominant trees, site hosts numerous birds, is there to be a tree inventory, EIS is needed to understand the gravity of impacts, what mitigation will be to compensate wildlife habit. 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. DSC230301-4 [Item deferred per Motion No. DSC230301-6. Refer to Same.] Moved by Clark, Seconded by Schell It is recommended 1. That DS2023-017, Derek Witlib, Acting Director, Development Services re: Minor Variance Application 2023-A-03, David and Danielle Nicoletta, 67A Huronwoods Drive 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 variances as outlined in DS2023-017 on lands municipally known as 67A Huronwoods Drive, be approved, and subject to the conditions as outlined in DS2023-017. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Defeated. Motion No. DSC230301-5 Moved Greenlaw, Second by Schell It is recommended that the previous motion re Minor Variance Application 2023-A-03, David and Danielle Nicoletta, 67A Huronwoods Drive be reconsidered. Carried. Page 7 of 15 Page 10 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 1, 2023. Motion No. DSC230301-6 Moved Clark Second by Schell It is recommended that Minor Variance Application 2023-A-03, David and Danielle Nicoletta, 67A Huronwoods Drive be deferred to the next Development Services Committee meeting to allow all members of the Committee to visit the site and in order to obtain the following additional information: - Sight line analysis by staff; - And for the applicant to consider an alternate location or design. Carried. Motion No. DSC230301-7 Moved by Hutcheson Seconded by Bard It is recommended that Rule 14.19a), as per the consolidated Procedural By-law No. 2017-165 be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement. Carried. Page 8 of 15 Page 11 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 1, 2023. c) DS2023-012, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-04, Pamela and Lawrence Hill, 246 Line 11 South. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Lawrence and Pamela Hill. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 10, 2023; Township of Oro-Medonte, Operations Division dated February 10, 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Lawrence Hill, 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. DSC230301-8 Moved by Hutcheson, Seconded by Schell It is recommended - � 4ell 1. That DS2023-012, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-04, Pamela and Lawrence Hill, 246 Line 11 South 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 DS2023-012. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 15 Page 12 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 1, 2023. d) DS2023-013, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023- A-05, Jonathan Halliday and Kimberly Solorzano, 161 Eady Station Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jonathan Halliday and Kimberly Solorzano. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 9, 2023; Township of Oro-Medonte, Operations Division dated February 9, 2023; Township of Oro-Medonte, Building Division dated February 10, 2023. A& Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Keith Prentice, agent on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this hearing. ivqq� There being no further comments or questions, the hearing adjourned. Motion No. DSC230301-9 Moved by Greenlaw, Seconded by Clark It is recommended low 1. That DS2023-013, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023-A-05, Jonathan Halliday and Kimberly Solorzano, 161 Eady Station Road 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 DS2023-013. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 15 Page 13 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 1, 2023. e) DS2023-011, Danielle Waters, Planner re: Minor Variance Application 2023-A-06, Roman Dobrowolsky, 2215 Lakeshore Road East. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Roman Dobrowolsky. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 10, 2023; Township of Oro-Medonte, Operations Division dated February 10, 2023; Township of Oro-Medonte, Building Division dated February 16, 2023; Lake Simcoe Region Conservation Authority dated February 17, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Roman Dobrowolsky, 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. % 'Nqo"� 14M There being no further comments or questions, the hearing adjourned. Motion No. DSC230301-10 it, Moved by Bard, Seconded by Schell It is recommended k, NNOho 1. That DS2023-011 , Danielle Waters, Planner re: Minor Variance Application 2023-A-06, Roman Dobrowolsky, 2215 Lakeshore Road East 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 building, on lands municipally known as 2215 Lakeshore Road East, Township of Oro- Medonte, be approved subject to the conditions as outlined in DS2023-011. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 11 of 15 Page 14 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 1, 2023. f) DS2023-014, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023- A-07, TNR Industrial Doors Inc. 15-25 Winstar Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by TNR Industrial Doors Inc. The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 9, 2023; Township of Oro-Medonte, Building Division dated February 10, 2023; Township of Oro-Medonte, Environmental Services Department dated February 10, 2023; Township of Oro-Medonte, Manager, Development Engineering dated February 10, 2023, Lake Simcoe Region Conservation Authority dated February 21, 2023. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Allison Teves, agent on behalf of the applicant, was present. Grant Beller, agent on behalf of the applicant was present. 101L ANEW 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. DSC230301-11 Moved by Young, Seconded by Hutcheson It is recommended N, 1. That DS2023-014, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023-A-07, TNR Industrial Doors Inc. 15-25 Winstar Road 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 DS2023-014. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 12 of 15 Page 15 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 1, 2023. g) DS2023-016, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-08, HSV GP Inc., 1101 Horseshoe Valley Road East. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by HSV GP Inc. The following correspondence was received: Severn Sound Environmental Association dated February 21 , 2023; Township of Oro-Medonte, Environmental Services Department dated February 22, 2023, Township of Oro-Medonte, Manager, Development Engineering dated February 22, 2023; Nottawasaga Valley Conservation Authority dated February 22, 2023; Township of Oro-Medonte, Operations Division dated February 22, 2023; Township of Oro-Medonte, Building Division dated February 23, 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Ellen Ferris, agent on behalf of the applicant was present. Derrick Canete, agent on behalf of the applicant was present. A PowerPoint presentation was presented. 4001016 Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this hearing. ldmmr � INK .1 There being no further comments or questions, the hearing adjourned. Motion No. DSC230301-12- Moved by Clark, Seconded by Young It is recommended 1 . That DS2023-016, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-08, HSV GP Inc., 1101 Horseshoe Valley Road East 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 DS2023-016. 3. 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, Page 13 of 15 Page 16 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 1, 2023. 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, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2023-016. 4. That the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Carried. 7. Reports of Municipal Officers: 4t a) DS2023-008, Danielle Waters, Planner re: Minor Variance Application 2022-A-53, Randy Langstaff, 419 Line 11 South. Motion No. DSC230301-13 Moved by Hutcheson, Seconded by Clark It is recommended 1. That DS2023-008, Danielle Waters, Planner re: Minor Variance Application 2022-A-53, Randy Langstaff, 419 Line 11 South 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 DS2023-008. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. -X , N Carried. 8. Next Meeting Date: Wednesday, April 5, 2023. Page 14 of 15 Page 17 of 158 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 1, 2023. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC230301-14 Moved by Greenlaw, Seconded by Bard It is recommended that we do now adjourn at 10.04 p.m. Carried. An audio recording is available through the Township's website. Chair, Deputy Mayor, Peter Lavoie Acting Director, Development Services, Derek Witlib Page 15 of 15 Page 18 of 158 6.a) 5.30 p.m. DS2023-022, Danielle Waters, Planner re: Minor Variance A... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-022 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # April 5, 2023 Minor Variance Application 2023-A-09 by Roll #: Douglas Mark Group R.M.S. File #: 4346-010-005-37000 90 Ward Avenue D13 61016 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2023-022 be received and adopted. 2. That Minor Variance Application 2023-A-09 by Douglas Mark Group, specifically for the purposes of a reduced interior side yard setback, increased floor area and increased height for a detached accessory building, on lands municipally known as 90 Ward Avenue, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-022. 3. The conditions are as follows: a) That notwithstanding Section 5.1 d), 5.1.4, 5.1.5 and 5.1 .6 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; d) That the existing detached accessory structure be demolished; e) 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 detached accessory building is located no closer than 1.52 metres from the interior side lot lines; and, f) That the Applicant obtain from the Township the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit only after the Development Services April 5, 2023 Report No. DS2023-022 Page 1 of 11 Page 19 of 158 6.a) 5.30 p.m. DS2023-022, Danielle Waters, Planner re: Minor Variance A... 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 is a shoreline lot that has an area of 0.134 hectares (0.33 acres) and supports a single detached dwelling, accessory building, and boathouse. Through discussions with Planning Staff, the applicant has reduced the floor area and lot coverage variances to address comments related to the size of the proposed detached accessory building. Those changes are indicated in the tables below. 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: Section 5.1 d — Detached Accessory Buildin , interior side yard setback, Required: Proposed: 2.0 metres (6.5 feet) 1 .52 metres (5.0 feet) — north-east interior lot line 1 .52 metres (5.0 feet) — south-east interior lot line Section 5.1 .4 — Detached Accessory Building, Height Required: Proposed: 4.5 metres 14.7 feet 5.4 metres 17.7 feet Section 5.1 .5 — Detached Accessory Building, Lot coverage, Required: Proposed: 5% 4-. O - 7.3% Section 5.1 .6 — Detached Accessory Buildin , floor area, Required: Proposed: 70.0 square metres (753.5 square feet) 113.8 square metros (1 ,225.9 sq iare feet) 97.9 square metres 1,054.0 square feet The applicants' site plan and elevation drawings are included as Schedules 3 and 4. Development Services April 5, 2023 Report No. DS2023-022 Page 2 of 11 Page 20 of 158 6.a) 5.30 p.m. DS2023-022, Danielle Waters, Planner re: Minor Variance A... Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.2 - Water and 3.1 — Natural Hazards are applicable to this application due to the proximity to Bass Lake. 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 are relevant due to the proximity to Bass Lake. Planning Staff have reviewed the applicable policies and have no concerns. Nottawasaga Valley Conservation Authority (NVCA) has been circulated this application however no comments have been received at the time of writing this report. Committee shall have regard to any comments that may be received. A permit is not required as the proposed development is located outside of the regulated area. 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. Development Services April 5, 2023 Report No. DS2023-022 Page 3 of 11 Page 21 of 158 6.a) 5.30 p.m. DS2023-022, Danielle Waters, Planner re: Minor Variance A... 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. The County has been circulated the subject application and at the time of writing of this report, planning comments have yet to be received by Township staff. The Committee should have regard to any County planning comments that may be received. 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 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. Development Services April 5, 2023 Report No. DS2023-022 Page 4 of 11 Page 22 of 158 6.a) 5.30 p.m. DS2023-022, Danielle Waters, Planner re: Minor Variance A... Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) according to the Township's Zoning By-law 97-95. The general intent of the interior side yard setback is to ensure access around a structure for maintenance and drainage purposes, as well as to provide separation from adjacent properties. The proposed setback is a minimal deviation from the required setback and Planning Staff are satisfied that adequate access and drainage around the structure will be maintained. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. The proposed detached accessory building is similar in size to the existing dwelling on the property; however the footprint of the dwelling also includes an attached garage which increases the size of the footprint to 1,280 square feet. Since the applicant has reduced the size of the proposed detached accessory building, which in turn revised the request for floor area and lot coverage variances, Planning Staff are satisfied that the proposed structure will appear secondary and subordinate to the main dwelling structure. It should be noted that there is a finished basement in the existing dwelling, and the applicant has indicated that the attached garage has plans to be renovated into two bedrooms to increase the size of habitable floor area within the main dwelling. In Planning Staff's opinion, the proposed accessory building would be 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. There is an existing accessory structure in the proposed location that will be removed. In Planning Staff's opinion, the proposed design, size and use of the accessory building would 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. An NVCA permit is not required as the proposed structure is outside of the regulated area. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed development is not anticipated to have an adverse impact on the character Development Services April 5, 2023 Report No. DS2023-022 Page 5 of 11 Page 23 of 158 6.a) 5.30 p.m. DS2023-022, Danielle Waters, Planner re: Minor Variance A... 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 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended. Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments: • Township Development Engineering — No objection. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. • Township Operations Division — o Operations has no objections to the variances; however, the building shall be orientated so that the front is accessed from the existing driveway. Development Services April 5, 2023 Report No. DS2023-022 Page 6 of 11 Page 24 of 158 6.a) 5.30 p.m. DS2023-022, Danielle Waters, Planner re: Minor Variance A... o An additional entrance is not permitted from Ward Ave as per by-law 2017-076. o Applicant shall provide greater clarity on the site plan. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule I Applicants' Site Plan Schedule 4: Applicants' Detached Accessory Building Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-09 be approved, specifically for the purposes of a reduced interior side yard setback, increase in floor area, increase in height and increase in lot coverage for a detached accessory building, on lands municipally known as 90 Ward Avenue, 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 March 30, 2023 Derek Witlib, Acting Director, Development Services March 31, 2023 Development Services April 5, 2023 Report No. DS2023-022 Page 7 of 11 Page 25 of 158 6.a) 5.30 p.m. DS2023-022, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map —vns raa,— 46 49 14 10 11 105 51 12 11 doreen Ave. 112 113 Muensmne Rd. 4$ 1fi 15 116 117 50 53 10 24 17 Zesno�.vauey.Rm; 52 L 55 8 28 26 18 122 123 G 576 9 Glengrove Ave. 130 129 Old B.- Rd. 56 l� 58 61 4 5 29 27 25 21 138 135 23 r 63 fi0 2 141 Rid 9e�Road 62 67 36 32 30 28 26 24 18 64 6s Broadview Ave. 69 68 71 155 70 72 73 74 77 79 19 76 78 83 80 85 82 $7 C 84 J 185 W 90 89 A m 204 200 27 Sass 8 Lake 23 00212 21 NP js 216 15 nh St 4 2 11 9 5 3 1 _ i 5 Location �� ® Subject Lands Township of Proud Heritage,Exciting Future 0 loom File Number.2023-A-09 I I I I Development Services April 5, 2023 Report No. DS2023-022 Page 8 of 11 Page 26 of 158 6.a) 5.30 p.m. DS2023-022, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo r-.V—pRd,— EL 63 5 29 2A 25 23 .Moonstone Rd. 2I I 69 36 � 32: 30 28 26 24 �` Horseshoe Valley Rd� � 4 � olds_„Ie.Rd� � � 8roadvie�Ave. 66 N -68 69 a y 71 70 4 72 � 74 77 79' 76 83 78 80 85 82 87 84 90 89 204 200 27 0021.2 21 k, 216 r ti P y 4 ^ 7 -15 srt 11 9 5 kL Aerial Photo Subject Lands 7uumship o Proud Heritage,Exciting Future 0 100 m File Number_2023-A-09 Development Services April 5, 2023 Report No. DS2023-022 Page 9 of 11 Page 27 of 158 6.a) 5.30 p.m. DS2023-022, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Site Plan rCA X-- )7 fdLj - - - - 1 Development Services April 5, 2023 Report No. DS2023-022 Page 10 of 11 Page 28 of 158 6.a) 5.30 p.m. DS2023-022, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicants' Detached Accessory Building Elevation Drawings 3 V-0" I o o I I N $So I I 31 I I . II I O APPROVEDATTICTRUSSES 00 DESI ED 4Y SUP PLIER ------ -= ARAGE I NGINEERED SLAB (SEES CTORALSLAB DRAWING$ m 1 I I I I 1 I I I I 1 I I I I I I I I I I I I I I I I 9 I I I I I I I Y z-zx& I I z-zx& I N 10'-0-x10'-0,O.H.DooR 10 o"x10 o",a.H.DOOR ----- — ------ ------ — -----------J D01 — 8' PEAK OF ROOF 12 12 MID I OOF T PLATE PRE-FINISHED FASCIA& _ Z-0" VENTED SOFFIT(TYP) E HORIZ.SIDING(TYP) F=7_[L] 0 � 00 0 0 0 SIDING MIN.&"ABOVE GRADE(TYP) TOP OF SLABIFIN.GRADE 10'-0"x10'-0"O.H.DOOR ________10'-0"x10'_0'_O.H.DOOR ------------------------------I` Development Services April 5, 2023 Report No. DS2023-022 Page 11 of 11 Page 29 of 158 Minor Variance Application 2023-A-09 (Douglas Mark Group) Location: 90 Ward Avenue o Zoning: Shoreline Residential (SR) o yg P� O Official Plan: Shoreline N Current Use: Residential m NeI nSt l �a CD to CD W O O r—dn 00 O r.,n xr;mer,E-rfi,�g F,W,, N N n (D D Minor Variance Application 2023-A-09 (Douglas Mark Group) Purpose: The applicant is proposing a detached accessory building. The o applicant is seeking relief to the following sections of Zoning By-law 97-95, as 3 amended. Section 5.1 d)— Detached Accessory Building, interior side yard setback. o Required: Proposed: o 2.0 metres (6.5 feet) 1.52 metres (5.0 feet)— north-east interior N w lot line b 1.52 metres (5.0 feet)—south-east interior N lot line _ v Section 5.1.4— Detached Accessory Building, Height =3 Required: Proposed m 4.5 metres 14.7 feet 5.4 metres 17.7 feet m Section 5.1.5— Detached AccessoryBuilding, Lot coverage, g, g � Required: Proposed: can 5% 7.3% _ Section 5.1.6— Detached Accessary Building, floor area, cu Required: Proposed: CD 70.0 square metres (753.5 square feet) ++ square .a#rn6 (1,225.0 99 1@ra faa+� 0 97.9 square metres (1,054.0 square feet s w Of, o r I H�•�a,,,.E�.F,A.�,�,,,i r, , Q M. N n (D D Minor Variance Application 2023-A-09 (Douglas Mark Group) v 0 6 Aerial Photo: �VI ' 7a o 72 6 as /�� 8 C 1 80 85 N C) 82 a 8i 84 � O 90 89 N N zoa zoo � v D zn ■ CD a (D 2a C 66ziz C zi zis � tie CD a � I s st f/1 s � 5 D 3 D (D CD N � O_ aw Tawuhip 00 0.off!'/ D O Prrii4 Fli-r W w n D Minor Variance Application 2023-A-09 (Douglas Mark Group) v Existing Zoning: M1 P80' o e/s a aoreen Ave. Glen love Ave. N O eroea�rewA�e. W 1 O uee•.. N i J aee � D (D Bassse Cake i Subject Lands "Se ' ; "" (D R1 (Residential One) 0 SR(Shoreline Residential) v v D m 0 RLS(Residential Limited Service) CD m w 0 A/RU(Agricultural/Rural) m 0 0 OS(Open Space) Cn Township o�Cn � O v v n (D D Minor Variance Application 2023-A-09 (Douglas Mark Group) v Township Official Plan Township Adopted County Official Plan o Land Use: Official Plan Land Use: Land Use: 3 o 0 t N _ N 1 - � CD CD R Im Ba55 J L.kr S `LLi IRItl.pvr. V p D - Rural Settlement Area Rural Settlements Greenlands Settlements ((D Q Restricted Rural Shoreline 0 Rural Greenlands 0 Shoreline - Rural s Tawuhip 00 0 o!j� �' J' Prrii4 Fli-r rri,�r,F lNiii � W W n D Minor Variance Application 2023-A-09 (Douglas Mark Group) v Applicant's Site Plan: - �l i, - o N - O - — #. - -- N v � m - - m Ul ------------ � Tawuhip o =. Prri4 Fli-r rri,�r,F l�Nii�i � W w n D Minor Variance Application 2023-A-09 (Douglas Mark Group) v Applicant's Elevation Drawings: o - 2 -- MID OOF O b _ _ _ _ _ _ _ T FPLATE _ W I I PRE-FINISHED FASCIA& O z.-0.. VENTED SOFFIT(TVP) E N JI D HORIZ.SIDING(TVP) N I APPROVEDA ICTRlb5ES m PUER I____ ^ " b I E ^� SIDING GEADEMIN.B"ABOVE GRADE(TYP) Nc EDEUB TOP OF SLABON.GRADE S, Cj' cT Su3 wtAw A f 0'-0"x10'-0"O.H.DOOR 10'-0"x10'-0"O.H.DOOR I I I I I 1 I I I T I I I I I I I ------------ (p 1 z2.3 I sam a A N CD CJm'mIa—H.DDOR iamnoa a.11.DODR �__ ____e_ ___Doz ______ mi s______138 ___8e - CD � Taumship D Prrll�l Fli-r rrl,�r,l'„lil it{�l�Nll�i � 2 n D Minor Variance Application 2023-A-09 (Douglas Mark Group) o N O I d N W O N (D (D CD v =3 CD West on Ward Ave. Notice sign posted o Tawvship W 0 o!j �' J' / 0 1N,id Hrrivner,Exrilivvg Fnirnr � W w n CD D Minor Variance Application 2023-A-09 (Douglas Mark Group) N \V CO Existing accessory Existing boathouse Existing dwelling building - Tawvship CO 0 o!j� �' J' / 0 1N iid Hrrivner,Exrilivvg Fnirnr � W a) n CD D Minor Variance Application 2023-A-09 (Douglas Mark Group) i CD v N O N r O — N m�m YT V D D mD lV W 1 Proposed location s� Tawuhip W 0.o!'���� D n D Minor Variance Application 2023-A-09 (Douglas Mark Group) Recommendation: Approve o It is recommended: 1. That Report No. DS2023-022 be received and adopted. 0 2. That Minor Variance Application 2023-A-09 by Douglas Mark Group,specifically for the purposes of a reduced interior side yard N setback, increased floor area and increased height for a detached accessory building,on lands municipally known as 90 Ward 0 Avenue,Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-022. W 6 3. The conditions are as follows: N N a) That notwithstanding Section 5.1 d),5.1.4,5.1.5 and 5.1.6 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 =3 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; (D d) That the existing detached accessory structure be demolished; e) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify v by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the CD footing and if no footing,the foundation,that the detached accessory building is located no closer than 1.52 metres from (n the interior side lot lines; and, f) That the Applicant obtain from the Township the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building v Permit only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. =3 CD1990,c.P. 13. m 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. CD r p w 0; clasztte o r, a H•a,,.E.F,A fig,, r, , N M. N n (D D 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-023 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # April 5, 2023 Minor Variance Application 2023-A-10 Roll #: Manoharan Pathmanathan & R.M.S. File #: 4346-010-002-34100 Malarvathani Manoharan D13 61017 2388 Highway 11 South Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-023 be received and adopted. 2. That Minor Variance Application 2023-A-10 by Manoharan Pathmanathan & Malarvathani Manoharan specifically for permission to legalize an existing basement apartment dwelling unit in a single detached dwelling and to recognize the increase in floor area of the apartment dwelling unit of 170.7 square metres (1,837.0 square feet), permit an accessory dwelling unit within the existing non- complying single detached dwelling that is located 5 metres (16.4 feet) from a watercourse and 1.88 metres (6.2 feet) from the interior side lot line, on lands municipally known as 2388 Highway 11 South, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-023. 3. The conditions are as follows: a) That notwithstanding Section 5.4 (c) and Section 5.16.1 (c), the single detached dwelling and the apartment dwelling unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the apartment dwelling unit be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority in accordance with the LSRCA's letter dated March 16, 2023; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services April 5, 2023 Report No. DS2023-023 Page 1 of 25 Page 41 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Background: The subject property has a lot area of 0.14 hectares (0.34 acres) and contains a single detached dwelling with an apartment dwelling unit in the basement. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to legalize an existing basement apartment dwelling unit. The applicants are proposing to remove a rear porch; otherwise, there are no proposed changes to the exterior of the building. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.4 c Maximum floor area of the a artment dwelling unit Required: Proposed: 70.0 square metres (753.5 square feet) 170.7 square metres (1,837.0 square feet Section 5.16.1 c Enlargement, Repair or Renovation of a Non-Complying Building Required: Proposed: A non-complying building or structure may Proposing an accessory dwelling unit be enlarged, repaired, replaced or within the existing non-complying single renovated provided that the enlargement, detached dwelling that is located 5 metres repair, replacement or renovation does (16.4 feet) from a watercourse. not in any other way increase a situation of non-compliance. The existing dwelling is non-complying as it is located within the required 30.0 metres (98.4 feet) setback from the top of bank of the watercourse. Section 5.16.1 c Enlargement, Repair or Renovation of a Non-Complying Building Required: Proposed: A non-complying building or structure may Proposing an accessory dwelling unit be enlarged, repaired, replaced or within the existing non-complying single renovated provided that the enlargement, detached dwelling that is located 1 .88 repair, replacement or renovation does metres (6.2 feet) from the interior side lot not in any other way increase a situation line. of non-compliance. The existing dwelling is non-complying as it is located within the required 2.5 metres 8.2 feet interior side yard setback. The applicants' site plan, apartment floor plan and elevation drawings are included as Schedules 3, 4 and 5 to this report. Development Services April 5, 2023 Report No. DS2023-023 Page 2 of 25 Page 42 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... 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 contains policies for managing and directing land use to achieve efficient and resilient development and land use patterns. Specifically, Section 1.1.1 states that "Healthy, liveable and safe communities are sustained by: ... (b) 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;" (p. 7). This is addressed further in Section 1.4 Housing that speaks to providing a mix of housing options and densities by permitting and facilitating all types of residential intensification, including additional residential units and redevelopment. The apartment dwelling unit adds to the range of housing options in the area. Section 1.1.3 — Settlement Areas and Section 1.1.4 — Rural Areas are applicable to this application. The PPS states that settlement areas shall be the focus of growth and development and shall be based on densities and a mix of land uses, for the purposes of achieving the efficient use of land and infrastructure. Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement as the applicant is proposing to legalize an existing accessory apartment in a single detached dwelling within an established rural settlement area (Guthrie). Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are also applicable to this application due to the presence of the watercourse along the north and west lot lines (see Schedule 6 to this report). Planning Staff is of the opinion that the proposed development is consistent with these policies, as the applicants are proposing to legalize the existing basement apartment in the single detached dwelling and they are not proposing any exterior additions as part of this application. Therefore, it is not anticipated to have an adverse impact on the natural heritage features as it will not encroach any closer to the watercourse than the existing single detached dwelling. Based on the above, 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) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2 contains policies for where and how to grow. Specifically, Section 2.2.1 .4 (c) states that applying the Development Services April 5, 2023 Report No. DS2023-023 Page 3 of 25 Page 43 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re, ... policies of the Growth Plan will support the achievement of complete communities that "provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes" (p. 14). These policies are reiterated in Section 2.2.6 Housing. The apartment dwelling unit helps contribute to providing a diverse range of housing options in the area. Section 2.2.9 Rural Areas is also applicable to this application. This section states that new multiple lots or units for residential development will be directed to settlement areas but may be allowed on rural land in site-specific locations with approved zoning or designation in an official plan. This section has been reviewed and Planning Staff is of the opinion that the minor variance application is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established rural settlement area (Guthrie) and the apartment will be compatible with the surrounding land uses. Section 4.2.2 — Natural Heritage System is not applicable to this application as the Natural Heritage System policies excludes lands within settlement area boundaries that were approved and in effect as of July 1, 2017. County Official Plan The subject lands are designated "Settlements" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. The objectives of the Settlements designation is: • "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; and, • To promote development forms and patterns which minimize land consumption and servicing costs". (p. 26) The Settlements designation permits residential uses. In Planning Staff's opinion, the existing single detached dwelling and accessory apartment are consistent with the County's Official Plan as they promote a more compact form of development which aligns with the Settlements designation's key objectives. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. In Planning Staff's opinion, the applicant's minor variance application conforms to the County's Official Plan as the apartment dwelling unit helps contribute towards a diverse housing stock and increased affordability in the area. Development Services April 5, 2023 Report No. DS2023-023 Page 4 of 25 Page 44 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "expansion to existing buildings or structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan 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 apartment dwelling unit is located in the basement of the existing single detached dwelling and the applicants are not proposing any additions. The new dwelling unit will not be located any closer to the watercourse than the existing dwelling; therefore, it is not anticipated to have any adverse impact on the natural heritage feature. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the application from a natural hazards and watershed management perspective and indicated that the application is consistent with the natural hazards policies of the Provincial Policy Statement. They confirmed that they have no objection to the proposed Minor Variance application subject to the Owners obtaining a permit or clearance email from the LSRCA under Ontario Regulation 179/06 prior to any proposed development or site alteration taking place. The LSRCA's full comments are included as Schedule 7 to this report. Planning Act, R.S.O. 1990, c. P.13 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 16 (3) of the Planning Act, which speaks to Official Plans, was amended with the following new policies to permit gentle density/intensification: "Restrictions for residential units (3) No official plan may contain any policy 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 Development Services April 5, 2023 Report No. DS2023-023 Page 5 of 25 Page 45 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re, ... residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. Same, parking (3.1) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3). Same, minimum unit size (3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3). Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2)". The subject lands are located in a rural settlement area and are serviced by a well and private sewage system. The applicant will be required to obtain a Septic Permit for a new septic system or a Sewage System Verification to confirm that the existing septic system is able to accommodate the additional dwelling unit. The property has a long driveway that can accommodate parking for both the main dwelling and apartment dwelling unit. Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. Development Services April 5, 2023 Report No. DS2023-023 Page 6 of 25 Page 46 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... The subject lands are designated Rural Settlement Area in "Schedule A — Land Use" of the Township's existing Official Plan (1997). The intent of the Rural Settlement Area Designation is: • To maintain and create attractive communities with suitable amenities; and, • To ensure that settlement areas are developed in a logical and cost-effective manner. Permitted uses in the Rural Settlement Area Designation include low density residential uses. In the Township's updated Official Plan (adopted 2022), the subject lands are designated Rural Settlements. The objectives of the Rural Settlements designation are: • These communities are generally characterized by low density residential areas and a range of service uses and facilities for the residents of the Rural Settlements and the surrounding rural areas; • Rural Settlements shall accommodate limited growth due to servicing constraints; • The Rural Settlements designation recognizes unserviced, partially serviced or limited services for residential development in these communities, as well as limited new residential development on private or partial services where appropriate; and, • Commercial uses sufficient to support the convenience and day-to-day needs of the Rural Settlements and the surrounding rural areas shall be encouraged. Permitted uses in the Rural Settlements designation include single detached dwellings and additional residential units (subject to the policies of Section 4.9). Section 4.9 contains detailed policies with respect to additional dwelling units. These policies are listed below and Planning Staff have included an analysis of the applicants' proposal against these policies: 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 contained within a single detached dwelling. 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. 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. Development Services April 5, 2023 Report No. DS2023-023 Page 7 of 25 Page 47 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Staff comment: Conforms. The applicants are proposing to legalize one existing additional residential unit within the single detached dwelling. 4. Where an Additional Residential Unit is permitted, a maximum of one Additional Residential Unit is permitted within an accessory building or structure of a single detached, semi-detached dwelling or rowhouse dwelling. Staff comment: Conforms. The additional residential unit is located in the 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 provisions. Staff comment: Conforms. The proposed variance would result in two residential units on the lands, and the applicants are seeking Minor Variance relief from current zoning provisions to increase the size of the additional residential unit. 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 regulated by the Lake Simcoe Region Conservation Authority (LSRCA) due to the presence of a watercourse that runs to the north and west of the subject lands. The LSRCA reviewed the application from a natural hazards and watershed management perspective and indicated that they have no objection to the Minor Variance application. 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 comment: The apartment is larger in size than the main dwelling; however, based on its location in the basement and the entrance being in the back yard, the main dwelling maintains its appearance as the principal residence. The applicants have requested an increase in floor area for the apartment dwelling unit and the detailed analysis of the minor variance can be found later in this report. b) The Additional Residential Unit shall be integrated into its surroundings with negligible visual impact to the streetscape; Development Services April 5, 2023 Report No. DS2023-023 Page 8 of 25 Page 48 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Staff comment: Conforms. The additional dwelling unit has been integrated into the surroundings, with no visual impact to the streetscape, as there are no indications of an apartment when viewing the property from the road. c) The Additional Residential Unit shall be compatible in design and scale with the built form of the primary dwelling; Staff comment: Conforms. The apartment dwelling unit and principal dwelling are the same design. From the exterior, there appears to only be one dwelling unit. d) The Additional Residential Unit shall only be permitted on lots that have appropriate frontage and an entrance directly onto a publicly maintained road; and, Staff comment: The subject lands were created as part of a plan of subdivision and all the lots are deficient in lot frontage and lot area. The subject lands front directly on Highway 11 . e) Other siting requirements related to matters such as servicing, parking and access requirements and stormwater management shall be established in the Zoning By-law. Staff comment: Conforms to current Zoning By-law provisions. There is a long driveway with ample space for parking and the apartment has its own means of egress. 8. Additional Residential Units shall be established in accordance with the Minimum Distance Separation Formulae. Staff comment: Conforms. There is no livestock near the subject lands. 9. Additional Residential Units shall be within the existing housing cluster on any lands designated Agricultural or Rural. Staff comment: Not applicable. The subject lands are not designated Agricultural or Rural. 10. The Additional Residential Unit will be permitted only where a property is demonstrated to have an adequate supply of potable water and an appropriate means of sewage disposal in a manner that is acceptable to the Township. Development Services April 5, 2023 Report No. DS2023-023 Page 9 of 25 Page 49 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Staff comment: Conforms. The property is serviced by well and private septic system. The owner will be required to obtain a Septic Permit or Sewage System Verification to ensure that there is capacity for the two dwelling units. 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: The subject lands were created as part of a plan of subdivision and all the lots within the subdivision are non-complying. The Residential One (R1) Zone requires a minimum lot frontage of 30.0 metres (98.4 feet) and a minimum lot area of 0.2 hectares (0.49 acres), whereas the existing lot has a lot frontage of 22.9 metres (75.0 feet) and an area of 0.14 hectares (0.34 acres). 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. The additional dwelling unit is located within the basement of the single detached dwelling; therefore, it could not be severed from the primary dwelling unit. 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. Section 3.2.6 — Watercourses of the Township's Adopted Official Plan seeks to recognize and protect all significant watercourses in the Township from development that may have a negative impact on their function. The apartment dwelling unit is located in the basement of the existing single detached dwelling and the applicants are not proposing any exterior additions. Since the new dwelling unit will not be encroaching any closer to the watercourse than the existing dwelling, the proposed Development Services April 5, 2023 Report No. DS2023-023 Page 10 of 25 Page 50 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re, ... development is not anticipated to have any adverse impact on the natural heritage feature. As discussed above, the LSRCA provided comments in support of the requested variances. Planning Staff are of the opinion that the proposed variance to accommodate an additional residential unit on the lands would conform to the Township's adopted (not yet in effect) 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. According to the Township's Zoning By-law, an apartment dwelling unit is permitted in the Residential One Zone pursuant to Section 5.4. The owner has requested relief from the Zoning By-law to legalize the existing oversized basement apartment that has a floor area of 170.7 square metres (1 ,837.0 square feet). In accordance with Section 5.4 (c), apartment dwelling units are permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The intent of this provision is to ensure that the apartment is secondary to the main dwelling unit and to protect buildings and structures from being constructed too large that would affect the character of the surrounding neighbourhood. The main dwelling is smaller at 138.8 square metres (1 ,494 square feet) (excluding the attached garage); however, based on the location of the apartment in the basement and the apartment's entrance being in the back yard, the main dwelling will maintain its appearance from the road as the primary dwelling unit. The existing single detached dwelling is non-complying as it is located 5 metres (16.4 feet) from a watercourse, rather than the required 30.0 metres (98.4 feet) setback, and it is located 1 .88 metres (6.2 feet) from the interior side lot line, rather than the required 2.5 metres (8.2 feet) interior side yard setback. Section 5.16.1 of the Township's Zoning By-law permits the enlargement, repair or renovation of non-complying buildings and structures provided that the enlargement, repair, replacement or renovation: a) "does not further encroach into a required yard or into the setback area from the average high water mark of 15 metres (49.2 feet) from Bass Lake or 20 metres (65.5 feet) from Lake Simcoe (see section 5.28); b) does not increase the useable floor area in a required yard. Crawlspace foundations are permitted provided the same does not allow for human habitation and that same foundation does not exceed 1 .8 metres in total height; c) does not in any other way increase a situation of non-compliance; and, d) complies with all other applicable provisions of this By-law" (p. `5-9'). The general intent of the Zoning By-law in requiring the minimum setback of 30 metres (98.4 feet) from a watercourse is to ensure that development maintains an adequate distance from potentially sensitive natural features, as well as to protect development from flooding and erosion hazards. Planning Staff do not have any concerns with the additional dwelling unit within the existing single detached dwelling as it will not be encroaching any closer to the watercourse than the existing dwelling. Furthermore, the LSRCA provided comments in support of the application. Development Services April 5, 2023 Report No. DS2023-023 Page 11 of 25 Page 51 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... The Zoning By-law's requirement for a minimum interior side yard setback of 2.5 metres (8.2 feet) in the R1 Zone is intended to provide spatial separation between residential properties, as well as provide space for access and maintenance around buildings and structures. In Planning Staff's opinion, the existing interior side yard setback of 1.88 metres (6.2 feet) provides adequate space for maintenance and access around the dwelling as it maintains spatial separation between the subject lands and the neighbouring property. Furthermore, should the owners need to bring any large machinery to the rear of the dwelling, there remains ample space to access the backyard along the west side of the dwelling. Based on the above, Planning Staff is satisfied that the existing apartment dwelling unit conforms 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 the building appears to be an ordinary single detached dwelling when viewed from the road. With the access to the apartment dwelling unit at the rear of the dwelling, the single detached dwelling will clearly be the main dwelling unit in the building in terms of its appearance and function. The existing apartment dwelling unit does not stand-out, look out of place or detract from the character of the area. Furthermore, the property contains a long driveway with ample space for parking for both dwelling units. 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 Minor Variances are minor in nature as the existing apartment dwelling unit is secondary and subordinate to the primary residential use on the lot and its continued use 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. Development Services April 5, 2023 Report No. DS2023-023 Page 12 of 25 Page 52 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Adopted 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 Development Engineering — Development Engineering has no objection to the above noted application. An Engineered Lot Grading Plan may be required at the time of Building Permit application. • Township Infrastructure and Capital Projects — No comments. • Lake Simcoe Region Conservation Authority (LSRCA) — See Schedule 7 Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Basement Floor Plan (Apartment Dwelling Unit) Schedule 5: Elevation Drawings Schedule 6: Map Illustrating the Watercourse Adjacent to the Property Schedule 7: Lake Simcoe Region Conservation Authority comments dated March 16, 2023. Development Services April 5, 2023 Report No. DS2023-023 Page 13 of 25 Page 53 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-10 be approved, specifically to legalize an existing basement apartment dwelling unit in a single detached dwelling and to recognize the increase in floor area of the apartment dwelling unit of 170.7 square metres (1,837.0 square feet), permit an accessory dwelling unit within the existing non-complying single detached dwelling that is located 5 metres (16.4 feet) from a watercourse and 1 .88 metres (6.2 feet) from the interior side lot line 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 March 31, 2023 Senior Planner Derek Witlib, RPP Acting Director, Development Services March 31, 2023 Development Services April 5, 2023 Report No. DS2023-023 Page 14 of 25 Page 54 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Schedule 1: Location Map V—,Rd.— -Moonftone Rd. ' H—h—VA.l Rd, Z 2491 Old B4,d-Rd. C J '?Ridge .xis � ♦ rJ� e� 17 15 11 9 7 _�- 5 3 1 30 2444 2458 i 2356 2370 2374 2378 2388 2390 2396 2400 2404 2410 2414 2418 10 16 2421 2449 20 2353 2361 2365 2369 2373 2381 2387 22 Uj 33 2461 N C J - L-137 136 Location 06 �4 ® Subject Lands Tatunshi. 'f Proud Heritage,Exciting Future 1!J 0 100 m File Number:2023-A-10 /1 1 i i r 1 Development Services April 5, 2023 Report No. DS2023-023 Page 15 of 25 Page 55 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Schedule 2: Aerial Photo —Vasey Rd— -Moons�,� ' • HnrsesloeYalleyRd� ,' �J'� A Olde�rieRd� t+�7_ � r r♦ 10 A d � Ridg . - Cf ' n 21 19 17 15 11 9 7 � �� 5 3 1 30 2340 2344 ''-2350 2358 2370 23.74 23.78 2388 2390 2396 2400 2404 2410 2414 2418 10 _ V` AMIN NII I 1 3IP212 1- a 16 f . 2329 •'- 2353 2361 23fiS 2369 2373 2381 23&7 — =22 i. 136 Aerial Photo sal/ ® Subject Lands T oae�l Proud Heritage,Exciting Pnkire 0 100 M File Number:2023-A-10 N I i Development Services April 5, 2023 Report No. DS2023-023 Page 16 of 25 Page 56 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Schedule 3: Applicant's Site Plan 3V♦Io.[o-vn[ �� 6 o 1�.aa[ ti I s A . i i O.Auau AL owr€rur 75'-0° [22.Eq HIGHWAY 1 IS SITE PLAN 2388 HIGHWAY I IS, ORO MEDONTE Site Plan f ��i� d 1 /a L-, OFreud Heritage,Exciting Fat"" File Number,2023-A-10 Development Services April 5, 2023 Report No. DS2023-023 Page 17 of 25 Page 57 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re, Schedule 4: Basement Floor Plan (Apartment Dwelling Unit) NrRAusosmucluRe ro aE PFIIOLIwm AS rERLONTFACfeR 27 3' S' 3' NOTE: IT IS CONTRACTOR'S AND OWNER'S RESPONSIBILITY TO GET As B �r----------- --------------------- CON DITIONS PROPERLY EVALUATE D FROM CITY INSPECTOR'$BEI PROCEEDING WITH BASEMENT APARTMENT WORKS.ANV AS BU 1 Windowni S WORKS W ITHO UT THE PERMIT APPROVALS IS THE RESPONSILBPI I I 31.0"%2''0'x sq•f,is THE OWNER AND THE CONTRACTOR mole Lhan 2.N%of P7 the Sedrmm 2 area UNHEATED REAR PORCH ON.I{ E^ I I 149 sg ft,&Lhws, TO BE DEMOLISHED I I ConRrmMg Ittinlmum Wind—g1d55 afed � mqulrtm is of Table 9.7 2.2.of DBC ENTRY AREA 41 I I l 7 2012 7 91 I 11P I I 1 Wr w ❑ p e 9-- STORE 8'-7"X➢'3" W RIIEDROON-2 i J HITL"HE7/ ' i Y-7-A15'-S" 9'.A"X13'-0^ HALLWAY LAl1NDRY8 $ _ '&NSIRCBE YECHANICALAREA CS F CEd 1 f wa TOILET�SyT] HWT HWT I t I1. 03 I �1 FIEOHDOM 1 I r Fl 15"-0�"X�ld'S' .... KAJiFROBE 03 I Lsvi 1 G LIVINGI DINING AREA I l NYKIUW-3'o,x 2-6"7"AtH riINWW 1 _ 7B'�"x17'4r GARAGEAREA Y WELL:PRc'tV10E]FF%ED 3TEP3 —F1 CS I FOR Ei3RE55 WaiK.T1Y 1 C .�_ 1patio door with gka55 area- 1 I TRAN-4.f 80.$p. M F7.MN TE°GPerld eA AIM Norte 9'-0"x6'-0"=30 sq.R.is more than I I' .RREA40 MPLTINb wrrnas.to.I.or o.B.c maz 5.0%of the tivingl inning area,327 1 1 LP-- sq.fl-a thus,mnfirming minimum I I window glass area requirements of 4 NP IMIP Table 9-7.1.2.of OK 2012 I I 11 72P -------------------- I WindowIL EGRESS WINDOW-MIN.CLEAR 3'-0"x2'=6"=7.56q,Ft� OPENING AREA TO BE 4.1 SD.FT.;ND ,Imore ihaD 2.5%of DIMENSION LESS THAN IF:MAX. uNNERTEo HEIGHT FROM FLOOR;WINDOW e1 - Q CONCRETE W Lb&6Bdr00m 1 area- W€LL TO BE MIN.22"CLEAR ENCLO9DRE WITH 216W N.&thus, VINYL WINDOWS Ponflrmingmknlmum RARf window glass area t Table 9.7.1.2.of DBC Ml] Basement Floor Planr - Tounashl'p (Apartment Dwelling Unit) Proud Herita e.,Exciting FHTure. File Number!2023-A-10 Development Services April 5, 2023 Report No. DS2023-023 Page 18 of 25 Page 58 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Schedule 5: Elevation Drawings -- - - - - -- i I GYIM I I I I f�RF — —:� i ---------------- �� FRONT ELEVATION —_—_—.—. .—_—___—_ _—_—_—_—.—_—_—.—_—_—_— L —� Y£B IEti Li e — ' a 4v-- �I•E ccMPAC�o� REAR ELEVATION Elevation Drawings �oifhl ���` - Proud Heritage,Excitirlq FNture File Plumber!2023-A-10 Development Services April 5, 2023 Report No. DS2023-023 Page 19 of 25 Page 59 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Schedule 5: Elevation Drawings (Continued) Y11,""�'�-- ---------------------— —------------- _—_---___—_ _—_— x r N 9' S EL I I FLANK WALL ELEVATION{R.N.S.}AS BUILT L— —_—_—_—_- 7 xyt;va• _ CRnoE FLANK WALL ELEVATION(L.H.B.�AS BUILT Elevation Drawings Tounashl'p o,j~J� Proud Herita e.,Exciting Future File Number!2023-A-10 Development Services April 5, 2023 Report No. DS2023-023 Page 20 of 25 Page 60 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Schedule 6: Map Illustrating the Watercourse Adjacent to the Property —Vasey Rd­ -Moons­.-Rd­\,� HnrsesloeYalleyRd� 9 7 t 23fi4 23' 2388 2390 2396 2400 '_ -- - i J 236g 2373 9 2381 2387 22 Watercourse Q Tndn � 1 Subject Lands � f��Jl / !+ LSRCA Watercourse Proud Heritage,Exciting Pnkire 0 100 rn File Number:2023-A-10 I/ Ili l lI Development Services April 5, 2023 Report No. DS2023-023 Page 21 of 25 Page 61 of 158 6.b) 5.40 p.m. DS2023-23, Catherine McCarroll, Intermediate Planner re: ... Schedule 7: Lake Simcoe Region Conservation Authority comments dated March 16, 2023. Lake Si mcoe Region conservatlon authority L5 RC A.an.1 a Sent via e-mail: planning@oro-medonte.ca March 16,2023 Municipal File No.:2623-A-10 LSRCA File No_:VA-126127 Andy Karaiskakis Secretary-Treasurer Development Services,Township of Oro-Medonte 148 Line 7 South tOrtrMedonte,ON LOL 2EO Dear Mr. Karaiskakis: Re: Application for Minor Variance 2399 Highway 11 Township of O ro-Med onte Owners:IManoharan Path manathan&Malarvathani Wnoharan Agent:Abhay Vaid Thank you for circulating the above-captioned application to the Lake Simme Region Conservation Authority("LSRCA")for review and comment_It is our understanding that the proponents are proposing to legalize an existing basement apartment dwelling unit and are seeking relief from the followingsections of the Township of Oro-Medonte's Zoning By-law 47-95r as amended_ Section 5.4(c�Maximum floor area of the apartment dwelling unit Required: Proposed: 70.0 square metres(753.5 square feet} 170.7 square metres(1,937_0 square feet) Section 5.16.1(c)Enlargementr Repair or Renovation of a Non-Complying Building Required: Proposed: A non-complying building or structure may be ProposQng an accessory dwelling unit v thin the enlarged, repairedr replaced or renovated existing non-complying single detached dwelling provided vi at the enlargement, repair, that is located 5 metres (16.4 feet) from a replacement or renovation does not in any other watercourse_ way increase a situation of non-compliance_ The existing dwelling is non-complying as it is located within the required 30.0 metres (98.4 feet) setback from the top of bank of the watercourse_ 120 Bayview Parkway T 905.895.1281 Newmarket, (Ontario L3Y 3W3 F '905'853.5881 Member of Conservation Ontario TF 1.1300.465.043+ Development Services April 5, 2023 Report No. DS2023-023 Page 22 of 25 Page 62 of 158 6.b) 5.40 p.m. DS2O23-23, Catherine McCarroll, Intermediate Planner re: ... Lake Simcne Region Page 2 of 4 Section 5.16.1(c)Enlargement,Repair or Renovation of a Non-Complying Building Rewired: Proposed: A non-complying building or structure may be Proposing an accessory dwelling Unit within the enlarged, repairer), replaced or renovated existing non-complying single detached dwelling provided that the enlargement, repair, that is located 1-88 metres (6.2 feet) from the replacement or renovation does not in any other interior side lot line. way increase a situation of non-compliance. The existing dwelling is non-complying as it is located within the required 2.5 metres (8_21 feet; interior side yard setback Cocuments Received anti Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: t Notice of Public Hearing(dated March 13",2023) t Site Plan and Drawings(prepared by V.A.Architett Inc and dated January 2023) Staff has reviewed this application as per our delegated responsibility from the Province of Ontario to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement,2020(PPS)and as a regulatory authority under Ontario Regulation 179/06 of the Consenraticn Authorities Act. The LSRCA has also provided comments as per our Memorandum of Understanding (MOU)with the Township of Oro-Medonte. Recommendation Based on our review from a natural hazards and watershed management perspective,we confirm that LSRCA has no objet tion to the proposed Miner Variance subject to the following conditions: ■ That the LSRC,A review fee($5S6.00)for the M inor Varia nce application be paid;and • ThattheOwnershall obtain a permit or-clearance email from the LSRCA under Ontario Regulation 179/06 prior to any proposed development crsite alteration taking place. Site Characteristics Existi ng m tipping ind icates the fol lowing-- t The subject property is entirely regulated by the LSRCA under Ontario regulation 179/06 for the following: Presence of a watercourse(Shelswel Is Creek) Meanderbelt erosion hazards of Shelswells Creek Pleose note- L.SRCA staff hove not Mended ony site meetings at this location related to the subject opplicotions. Development Services April 5, 2023 Report No. DS2023-023 Page 23 of 25 Page 63 of 158 6.b) 5.40 p.m. DS2O23-23, Catherine McCarroll, Intermediate Planner re: ... Lake Sire-Ene Region 23HHigHway 11,0=3=141odmla10 �+�+ I.4..tiirrrt R.[:.n ❑ [917f'a vtirf xd iGr.Horr la 5> lo-ler.a.P f 0 %.r—t ❑ Wftnwakr . 1 3YL7iia JiI 4E 21 d ) 21 Delegated Responsibility and Statutory Comments. 1_ LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the PrGvinciaI Policy Statement (PPS). There are identified natural hazards can the subject lands (meanderbelt erosion hazards)_The proposal is generally consistent with section 3.1 of the PPS. 2_ LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regul ation 179/06_This regu lation,made under Section 28 of the Conserlratisvn Avthorir ,esAct,ena bl es conservation authorities to regulate development in or adjacent to river or stream va Ileysr Great Lakes and inland lake shore Iinesr watercourses,hazardous Iands and wetlands_Development ta king place on these lands may require permission from the conservation authority to confirm that the control of flooding,erosion,dyn arnic beaches,pollution or the conservation of land are not affected. LS RCA also regulates the alteration to or interference in any way with a watercourse or wetland_ There are regulated elements on this site. Please contact the LSRCA regulations analyst for Oro-Medonte, Matthew F igue rre s(M.Figuerres@lsrca_on_ca)todeterrnine if the proposal requires a permit from the LSRCA or if a cle=r=nce email can tie issued. Development Services April 5, 2023 Report No. DS2023-023 Page 24 of 25 Page 64 of 158 6.b) 5.40 p.m. DS2O23-23, Catherine McCarroll, Intermediate Planner re: ... Lake Simrau Region h, age 4 Summary Based on cur review from a natural ha2ards and watershed management perspective,we confirm that LSRCA has no objection to the proposed Minor Variance subject to the foIlowing conditions= ■ Tltatthe LSRCA review fee($536-00)forthe Minor Variance application be paid,and ■ That the Owner shall obtain a perm it or clearance email from,the LSRCA un der Ontario Regulation 179/06 prior to any proposed development orsite alteration taking place. Given the above comments,it is the opinion of the LSRCA that: 1_ Consistency with Section 3.1 of the PPS has been demonstrated;and 2_ Ontario Regulation 179/06 does apply to the subject site. A permit from LSRCA will be required prior to any development or site alteration taking place. Please inform this office of any decision made by the municipalit, with regard to this application. We respectfully request to receive a copy of the decision and notice of any appeals filed. Should you have any questions,please contact the undersigned(e_dias9lsrca.on_ca) Sincerely, Emma Dias Junior Planning and Natural Heritage Analyst Development Services April 5, 2023 Report No. DS2023-023 Page 25 of 25 Page 65 of 158 Minor Variance Application 2023-A-10 (Pathmanathan) Location: 2388 Highway 11 South O 3 Zoning: Residential One (R1) - o ewm J N O Official Plan: Rural Settlement w Area w IAMM AUUJ v Current Use: Residential `�. n ®wgett lams 9 0 v � rt (D (D o sQ Tawuhip o P""'4 Fli-r rri,�r,F F�Nii�i D CD Minor Variance Application 2023-A-10 (Pathmanathan) Purpose: The applicants are proposing to legalize an existing basement o apartment dwelling unit. The applicants are seeking relief to the following 3 sections of Zoning By-law 97-95, as amended: o CO N Section 5.4 (c) Maximum floor area of the apartment dwelling unit N w Required: Proposed: w 70.0 square metres (753.5 square feet) 170.7 square metres (1,837.0 square feet) (D n n v 0 v c m (D o (D CL cn N (D (D Minor Variance Application 2023-A-10 (Pathmanathan) Purpose (cont'd): 0 Section 5.16.1 (c)Enlargement, Repair or Renovation of a Non-Complying Building _P Required: Proposed: A non-complying building or structure may be enlarged, Proposing an accessory dwelling unit within the existing non- repaired, replaced or complying single detached dwelling that is located 5 metres N renovated provided that the enlargement, repair, replacement (16.4 feet)from a watercourse. 0 N or renovation does not in any other way increase a situation of W non-compliance. N W The existing dwelling is non-complying as it is located within _ the required 30.0 metres(98.4 feet)setback from the top of n v bank of the watercourse. m Section 5.16.1 (c)Enlargement, Repair or Renovation of a Non-Complying Building (D Required: Proposed: 0 A non-complying building or structure may be enlarged, Proposing an accessory dwelling unit within the existing non- n v repaired, replaced or complying single detached dwelling that is located 1.88 metres renovated provided that the enlargement, repair, replacement (6.2 feet)from the interior side lot line. 2-_ or renovation does not in any other way increase a situation of v =3 non-compliance. rn The existing dwelling is non-complying as it is located within othe required 2.5 metres(8.2 feet)interior side yard setback. Q 00 = 00 l9/ N N (D (D Minor Variance Application 2023-A-10 (Pathmanathan) Aerial Photo: 0 21 79 17 15 11 9 7 -� 3 5 3 1 30 /^�/� Vl N O N W 2340 2344 2350 2356 2370 2374 2398 2388 2390 2396 2400 2404 2410 2414 2418 10 N �r■n ■ �. rr - m D' t li' � 44 2421 ► 16 .. ";� 2329 2361 2365 � 2353 2369 2373 2381 2387 O13F i �6 Q � Tawuhip o� fU CD Prrii4 Fli-r rri,�r,F l�Nii�i D D CD Minor Variance Application 2023-A-10 (Pathmanathan) Existing Zoning: 0 �a o N ee W Melville Ct. N _ W Subject Lands v (D R1 (Residential One) e= RUR2 (Rural Residential Two) — LC (Local Commercial) n GC(General Commercial) �! A/RU (Agricultural/Rural) o — EP (Environmental Protection) o OS (open Space) oval" 3 _� m 0- I (Institutional) Q � mlndlip oj� �. co +fOrT T� _ecloszte� m N (D (D Minor Variance Application 2023-A-10 (Pathmanathan) Township Official Plan Township Adopted County Official Plan o Land Use: Official Plan Land Use: Land Use: _... W O - N mom IE W N W CD M. — — J7- -I C� O v � Q Environmental Protection Two Agricultural Agricultural N 1 Agricultural u Greenlands C Settlements 3 Rural Settlement Area � O Greenlands �`� (D LI —n -Environmental Protection One Rural Settlements .� Tawuhip W P""'4 Fli-r rri,�r,F FNiii D CD Minor Variance Application 2023-A-10 (Pathmanathan) Applicant's Site Plan: �m O _.� CD =� O N m.e 1 GJ §� CD n HIGHWAY I IS v -- SITE PLAN N 2388 HIGHWAY 1 IS,ORO MEDONTE 3 _Q Tawuhip o� CD P,,4 Fli-r rri,�r,F F�Nii�i D Minor Variance Application 2023-A-10 (Pathmanathan) Applicant's Basement Floor Plan: o T1 3 1 ___________________________X__ � n'®m ,ut ,xtcexxnncren uwmeaurom°ei CO am min roeeoneawxE° ¢ O a N N „ (D wa ��' uwi wxcaeu ww.ee.u.. � v �„ _ _ � wa„�®xM,x.xx�uaA � m W m m 15 ® PART O r,r x.x.maec � � LI UI Tawuhip o CD W CD rrd Hrrilaxr,Exriling FA- CD 1 Minor Variance Application 2023-A-10 (Pathmanathan) Applicant's Elevation Drawings: o ---------------- - `� i i � CA i i N 0 N o P. --------------- W , KNONY ELEVATION HANK WALL EEVATgN(R,N.6.)AS BWLT Y/ -- - -- --- --- - ------------ D. p (D C) - - -- ---- ---- --- 0 v (D CD o0 - CD s " Q 00 Tawuhip o� CD 00 CD P"",�j Fli-r r",l it{�l,Niill D Minor Variance Application 2023-A-10 (Pathmanathan) Map Illustrating the O Watercourse ' Adjacent to the o Property: hi N O N W N W n v )4 23]8 000 =cc lJ O v v cn 3 CD s Q � Toumship o C 00 D P i-d HrHlq,E-Uhq F,,k- CD 1 Minor Variance Application 2023-A-10 (Pathmanathan) k,< p r � CO N . . �� ��•� - ^mil Ot e 3 O Looking Northeast along Looking Southwest along CD Highway 11 Highway 11 rn 3 0 _ � Tawuhip o CD 00 CD rrd Hrrilaxr,Exriling FA- CD 1 Minor Variance Application 2023-A-10 (Pathmanathan) p p '✓ N 2 N W .r� _ AI (D Notice sign posted Q !`rniirl Hrrilaxr,Exriling FA- CD 1 Minor Variance Application 2023-A-10 (Pathmanathan) -'r o 46 --jWH n -t-- _ CD CD 44 Existing single detached dwelling Rear room to be removed C and accessory apartment s � CD LI � Tawuhip o CD 00 CD rrd Hrrilaxr,Exriling FeAm�r CD 1 Minor Variance Application 2023-A-10 (Pathmanathan) 77-171 CO hi 4 � W k� ..� r ,.� --• w��i ��� 1$ 5J-�r` .:; � SIB 7 (� 4`� 1 � CD 4 � Watercourse along the rear lot line Watercourse along the west lot line 3 0 CD _LI � Tawuhip o 00CD C rrd Hrrilaxr,Exriling Fe,— CD 1 Minor Variance Application 2 0 2 3-A-1 0 (Path man at h a n) v r \\ \ o 2 / \ / ? o cc non-Complying Rear entrance to the e \ interior side yard Setback basement apartment \ \ 00 hip / E =3 =3 m � Minor Variance Application 2023-A-10 (Pathmanathan) Recommendation: Approve o It is recommended: z3 1. That Report No. DS2023-023 be received and adopted. CO 2. That Minor Variance Application 2023-A-10 by Manoharan Pathmanathan &Malarvathani Manoharan specifically for permission o to legalize an existing basement apartment dwelling unit in a single detached dwelling and to recognize the increase in floor area N of the apartment dwelling unit of 170.7 square metres(1,837.0 square feet), permit an accessory dwelling unit within the existing W non-complying single detached dwelling that is located 5 metres(16.4 feet)from a watercourse and 1.88 metres(6.2 feet)from N the interior side lot line, on lands municipally known as 2388 Highway 11 South, Township of Oro-Medonte, be approved subject W to the conditions as outlined in Report DS2023-023. n v 3. The conditions are as follows: (D a) That notwithstanding Section 5.4(c)and Section 5.16.1 (c),the single detached dwelling and the apartment dwelling unit =' shall otherwise comply with all other applicable provisions of the Zoning By-law; (D b) That the apartment dwelling unit be substantially and proportionally in conformity with the dimensions as set out on the E: application and sketches submitted and approved by the Committee; n c) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority in v accordance with the LSRCA's letter dated March 16, 2023; and, o d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required)and Building Permit be obtained from v 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. m CO 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature m Q Cn CO ��/ e% CL(li7tC' CD Proud H Es n,ug Enwir N (D (D 6.c) 5.50 p.m. DS2023-021 , Danielle Waters, Planner re: Minor Variance A... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-021 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # April 5, 2023 Minor Variance Application 2023-A-11 Roll #: 8903 Properties Inc. R.M.S. File #: 4346-010-005-20158 18 Small Crescent D13- Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-021 be received and adopted. 2. That Minor Variance Application 2023-A-11 by 8903 Properties Inc. specifically to permit a reduced front yard planting strip, on lands municipally known as 18 Small Crescent, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-021 . 3. The conditions are as follows: a) That notwithstanding Table B3 (ED) 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, Building Permit and Septic 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. Development Services April 5, 2023 Report No. DS2023-021 Page 1 of 11 Page 82 of 158 6.c) 5.50 p.m. DS2023-021 , Danielle Waters, Planner re: Minor Variance A... Background: The subject lands are located on the north side of Small Crescent and have a lot area of 1.78 hectares (4.4 acres). The lands are currently vacant (refer to Schedules 1 and 2). The applicant is proposing to construct a Recycling Establishment on the subject lands that is the subject of a Site Plan Approval Application (Township File No. 2022-SPA-32). In order to facilitate the proposed development, the applicant is requesting the following variance from Zoning By-law 97-95, as amended: Table B3 — Standards for Industrial Zones, Economic Development ED Zone Required. Proposed: Width of planting strip adjacent to 1 .0 metres (3.2 feet) front lot line — 6.0 metres 19.7 feet The applicants' site plan and elevation drawings are included as Schedules 3 and 4 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 is applicable due to the Provincially Significant Wetland and Significant Woodland on the opposite side of Small Crescent. The applicant has provided an Environmental Impact Study which is under review by Lake Simcoe Region Conservation Authority (LSRCA). LSRCA has provided supportive comments for the proposal stating that all environmental requirements will be addressed during the completion of Site Plan application 2022-SPA-32. Development Services April 5, 2023 Report No. DS2023-021 Page 2 of 11 Page 83 of 158 6.c) 5.50 p.m. DS2023-021 , Danielle Waters, Planner re: Minor Variance A... 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. 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 Lake Simcoe Region Conservation Authority (LSRCA) has been circulated this application and have advised that they have no objection to the Minor Variance application. As the proposed development relates to a current Site Plan application, the conditions will be addressed through this process, including any outstanding hydrogeology and engineering comments. 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. The Development Services April 5, 2023 Report No. DS2023-021 Page 3 of 11 Page 84 of 158 6.c) 5.50 p.m. DS2023-021 , Danielle Waters, Planner re: Minor Variance A... County has been circulated the subject application and at the time of writing of this report, planning comments have yet to be received by Township staff. The Committee should have regard to any County planning comments that may be received. In Planning Staff's opinion, the proposed industrial development is consistent with the County's Official Plan as it is a permitted use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: 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 Recycling Establishment. Therefore, based on the above, the requested variance is considered to conform to the general intent and purpose of the 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. Permitted uses in the Employment Area designation include industrial operations including manufacturing, processing, fabrication, assembling, Development Services April 5, 2023 Report No. DS2023-021 Page 4 of 11 Page 85 of 158 6.c) 5.50 p.m. DS2023-021 , Danielle Waters, Planner re: Minor Variance A... warehousing and distribution. The proposed variance has been requested to accommodate a new Recycling Establishment. Therefore, based on the above, the requested variance is considered to conform to the general intent and purpose 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 the proposed Recycling Establishment is a permitted use. The owner intends to construct an 838.0 sq.m. (9,020.4 sq.ft.) industrial building on the subject lands. It should be noted that a Site Plan application has been submitted to the Township and is currently under review. As a part of this review, the proposed minor variance was indicated as a requirement to move forward in the Site Plan Approval process. The purpose of a planting strip is to provide a visual separation and landscaping between a commercial/industrial structure and the road. The proposed reduction of the planting strip is not to allow for a structure to be located closer to the road, however, it is to allow for the construction of the required stormwater management ponds on the property. Though there will be a reduction in the planting strip, the property maintains a significant front yard with two storm water management ponds and additional greenspace separating the road and the proposed building (See Schedule 3). 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 reduction of a planting strip would be appropriate development of the lot. In Planning Staff's opinion, the proposed design of the site will balance the reduction of a planting strip and will not negatively impact the functionality or the appearance of the lot. It should be noted that there is a significant elevation change between the road and the top of the property where the development is to occur. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Is the variance minor? The question of the minor nature of the 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 April 5, 2023 Report No. DS2023-021 Page 5 of 11 Page 86 of 158 6.c) 5.50 p.m. DS2023-021 , Danielle Waters, Planner re: Minor Variance A... As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have 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 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. • Lake Simcoe Region Conservation Authority — LSRCA has no objection to the proposed Minor Variance. As the proposed development relates to a current Site Plan application (SP-162924), the conditions will be addressed through this process, including any outstanding hydrogeology and engineering comments. Development Services April 5, 2023 Report No. DS2023-021 Page 6 of 11 Page 87 of 158 6.c) 5.50 p.m. DS2023-021 , Danielle Waters, Planner re: Minor Variance A... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-11 be approved, specifically to permit a reduction of a planting strip, on lands municipally known as 18 Small Crescent, 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: Danielle Waters, Planner Approvals: Date: Andy Karaiskakis, RPP, Senior Planner March 27, 2023 Derek Witlib, RPP, Acting Director, Development Services March 31, 2023 Development Services April 5, 2023 Report No. DS2023-021 Page 7 of 11 Page 88 of 158 6.c) 5.50 p.m. DS2023-021 , Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map --Rd — -MeonstoneRd. 172 H.rs ho Valley,Rd, 2279 2384 Old-Ben.-Rd. 2458 Rid 9e�Aoad — -- 15/16 5rd.E. 1 �J 2 2273 3 2267 Z rri; M 4 -," 5 I� `-' J 335 E, 19 325 1g 16 23 315 2401 29 309 41 35 5071 257 11 40 232 11 a7' Location 17771 Subject Lands 7' h' Proud Heritage,Exciting Future 0 loom File Number_2023-A-11 Development Services April 5, 2023 Report No. DS2023-021 Page 8 of 11 Page 89 of 158 6.c) 5.50 p.m. DS2023-021 , Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo r Y—rRd,— .Moonstone RA.v.\ t HarsesHo V,11ey-Rd� 2278 Olds_rieRd� i'p MOW f 214-3 "� •i k J 2245 2251 e- 2 22,73 ' r • /�X' v 2267— + 71. a N71 �5 • �a .` r -`� d 6 ' J �' 335 —=F 4,6 It ir''ffr7 f"'1�a .' ' —� .� �A, AIL- f Ai 2401 � �� 309 41 35 257 - 91 Aerial Photo �] Subject Lands 7uwnsltip of Proud Heritage,Exciting Future 6 100 Ill File Number_2023-A-11 t I I Development Services April 5, 2023 Report No. DS2023-021 Page 9 of 11 Page 90 of 158 6.c) 5.50 p.m. DS2023-021 , Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants' Site Plan C t r,4 x s f� x 1 x � 1 f ff ,'a'• �1 s �. _ P1.v •4` fr s �, - •{ r •fit ; 'f I' ' l „ e V f'Y •a •±. 7 d. sk r t 4 LEGEND x Subject Bile • Area_ 17.885.3rr�(1.7ha) `rg ❑ Rev/ding Facility • Area_ 835.0m2 ti x n Office. LJ • Area 135.Om2 Outdmr Storage Area • Area 2,197.BrW ° }y One-'Nay Weighl Station 1.0 metre Storm Water Management Pond planting strip r S� ❑ Snow Storage(255.3m2) f t ——— 'Tra nsport Rou to Fire Rouse Development Services April 5, 2023 Report No. DS2023-021 Page 10 of 11 Page 91 of 158 6.c) 5.50 p.m. DS2023-021 , Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicants' Elevation Drawings MEUL SIDING OPEN FRONT SOUTH ELEVATION L"— J EAST ELEVATION METAL SIDING MEFAE SIDING MEM SIDING EXPOSED CONCRETE FACE E%POSED CONCRETE FACE IF I ILL WEST ELEVATION NORTH ELEVATION me �/n•-rd scut. yn• i-o I � I I I I I I I I .-_..-..-..-..-..- - ----.-..--- ..-..-..-.._,._..-.._..-..-..-..- I It ' I ra -r -6" Development Services April 5, 2023 Report No. DS2023-021 Page 11 of 11 Page 92 of 158 Minor Variance Application 2023-A-11 (8903 Properties Inc.) Location: 18 Small Crescent o Zoning: Economic Development - 15„6Sw.ECD o hi N Official Plan: Industrial N N Current Use: Vacant N v 1A,1-d, v v W O w C�i �i claszte o r I H�•�a,,,.E�.Fsdffi{�F�„���� N N n (D D Minor Variance Application 2023-A-11 (8903 Properties Inc.) Purpose: The applicant is proposing to develop a Recycling Facility o establishment on the subject property, with a reduced front yard planting strip. 3 The applicant is seeking relief to the following section of Zoning By-law 97-95, o as amended: o N Table B3 — Standards for Industrial Zones, Economic Development (ED) Zone N Required: Proposed: o Width of planting strip adjacent to 1.0 metres (3.2 feet) front lot line — 6.0 metres (19.7 feet) v m v v c CD m O CO t9i �i closz�e o r I H•a,,.E. N N n (D D Minor Variance Application 2023-A-11 (8903 Properties Inc.) Aerial Photo: 22#5 225, II 1 �- 2 2.273 i ��.• R s±nul O {f325. 13 �rr'gr� •o. � ' 1s - `_, �• • gyp , � C 29 309 q1 35 .--F �T ' V 257 UU 0 i 4 11 CD O s to 00� Tawuhip o O Prri4 Fli-rirri,�r, D n D Minor Variance Application 2023-A-11 (8903 Properties Inc.) Existing Zoning: - 3 NJ CD N ." CO O E o � nanz i= J nlau+t `V rF ` Subject Lands RUR2(Rural Residential Two) v J ED(Economic Development) °'"" D (COD0 A/RU(Agricultural/Rural) (D rn EP(Environmental Protection) o MAR2(Mineral Agregate Resource Two) Cn Tawuhip o W 0. Pri.i4 Fli-rizri,�r,F lNiier D n D Minor Variance Application 2023-A-11 (8903 Properties Inc.) Township Official Plan Township Adopted County Official Plan o Land Use: Official Plan Land Use: Land Use: 3 .s� N W � N v � Q Environmental Protection Two Agricultural Agricultural cu CID co Agricultural b Employment Area Greenlands v Industrial (D O Environmental Protection One Greenlands Rural s Tawvship W 0 o!j� �' J' / 1N iid Hrrivner,Exrilivvg Fnirrrr �/ 9 M. W n tD D Minor Variance Application 2023-A-11 (8903 Properties Inc.) Applicant's Site Plan: o CD o Proposed structure at W / top of hill o m Stormwater m management ponds m / 1.0m planting strip m m (.0 o � Tawuhip o� 0 Prri4 Fli-rirri,�r,F l�Niier D n D Minor Variance Application 2023-A-11 (8903 Properties Inc.) Applicant's Elevation Drawings: o 3 0 O ! i N .Rti so.� i i W N v =3 CO (D (D C9 � O Tawvship W 0 o!j� �' J' / 1N iid Hrrivner,Exrilivvg Fnirrrr �/ n CD D Minor Variance Application 2023-A-11 (8903 Properties Inc.) 0 3 CD 7 N T _ jy/�}Jy L 6y+ _ •y /�� East on Small Cres. West on Small Cres. Notice sign posted 0 00 P,�nxrme.E-fi,,,ir, v N D n (D D Minor Variance Application 2023-A-11 (8903 Properties Inc.) O 3 0 CD N O N W O N (D v (D II fl � CO v s CD (D CD O 0 Vacant land Tawvship W 0 o!j� �' J' / 1N iid Hrrivner,Exrilivvg Fnirrrr �/ n CD D Minor Variance Application 2023-A-11 (8903 Properties Inc.) O 3 0 Cn N O 41b- W f � N 1 (D U) U) CO <D ..a..44 f L\4Y�Y y .1 l`r3 A �IY�L CD � �iuMa�f�fli'' �4 t Location of planting strip s 00 e.��/_lPC� �. 1N iid Hrrivner,Exrilivvg Fnirrrr �/ n CD D Minor Variance Application 2023-A-11 (8903 Properties Inc.) Recommendation: Approve o It is recommended: _P 3 1. That Report No. DS2023-021 be received and adopted. 0 N 2. That Minor Variance Application 2023-A-11 by 8903 Properties Inc. specifically to permit a reduced front yard planting strip, on O lands municipally known as 18 Small Crescent, Township of Oro-Medonte, be approved subject to the conditions as outlined in W Report DS2023-021. N 3. The conditions are as follows: v a) That notwithstanding Table B3 (ED)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, Building Permit and Septic Permit be obtained from the Township only after: m 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. � v cQ =3 CD CD m 0 w o r p w C�i �i clasztte o r, a H•a,,.E.F,A fig,, r, , N N n (D D V y 1• 7L. I APPLICATION FOR MINOR VARIANCE 18 SMALL CRESCENT PT LT 1 6 CON 14 0R0 P T S 6 & 1 51 R1 9270 ; 0 R 0 - M E D 0 N T E April 5 , 2023 IPS SITE D ESCRI PTI ON IPS �l J f • Municipally known as 18 Small Crescent o '� ��,�1 • Lot Area:—]1,885.3m�(1.1ha) P • �� • Frontage:—]01.3m(Small Crescent) o hi N �; • Currentlyvacant w ' O \ '� ' ` • Generally slopes from higher elevations in 4 north towards south Subject Lands • Surrounding Uses: y •Agricultural North: Industrial;Sideroad 15& 16 CD Fast AK • East: Industrial;Small Crescent v • South: Small Crescent;environmental • A protection r ff' r c otect on areas( u s Creek oResiential p 11 dustrial Complex) 00 F O imp • West: Industrial;Line 13 North v Environmental v Subject Lands. •Creek• •Complex) 0 D MINNOVATIVE PLANNING SOLUTIONS SLIDE 2 County of Simcoe Official Plan Twp. of Oro-Medonte Official Plan 1 0 3 0 N O _ N W 0 raa a • aa 0 • • • a • a =3 a aaa as • (• aaa aaa a _ ■ •a • • a � • aa ■ a ■ r r asa aaaaa � � aa • • a a •a �' '• • m � •a Settlements ® Industrial CD m rn Greenlands Agricultural m o ' 00 Agricultural Environmental Protection One o Rural Environmental Protection Two M. v n m D INNOVATIVE PLANNING SOLUTIONS SLIDE 3 ' IPS Township of Oro-Medonte Zoning By-Law 91-95 E J EL) ED ED D-33 ED IF ED 0 N O N C��yy W ED ED N ED � ED ED �. v ED m E CD m EP m o ' CO E� ED — Economic Development o EP EP — Environmental Protection v MAR1 — Mineral Aggregate Resource Two €R CD D MINNOVATIVE PLANNING SOLUTIONS SLIDE 4 ' L W6,PROPOSED DEVELOPMENT IPS CONSULTING rSubject Site • Area: 17,8$5.3m2 (1.7ha) cn ❑ Recycling Facility 0 • Area: 838.Om2 0 ,��,�'`' � .:. ':, ❑ Office: " ,'' • Area: 135.Om2 0 x Outdoor Storage Area 2 o ^� �. • Area: 2,197.8m iv r 6. One -Way Weight Station v =3 Storm Water Management Pond (D / 0? 6p ' .("`,��s.•. '�, \ Snow Storage (255.3m2) El 5 �• �;�, \\ ——— Transport Route c.0 Fire Route m m 00 O / 101,E =. 00 /' O D INNOVATIVE PLANNING SOLUTIONS SLIDE 5 ' hM6 IPS CONSULTING AF UP13 A 121wr Proposed Minor Variance: Minor Variance required to accommodate for a reduced minimum planting strip width adjacent to the front lot line 16 3 N O cQ =3 Planting Strip O =. 00 / =. ✓ S n (D D INNOVATIVE PLANNING SOLUTIONS SLIDE 6 ' -,STREET VIEW AM 1ps View Facing Northeast Cr O � r 0 rn -' o W ur O N CD View Facing Northwest � v sv � m CD o Cp O D. 00 O v� 0 CD D INN40VATIVE PLANNING SOLUTIONS aDNING REVIEW IPS rn ECONOMIC DEV • • 0 Provision Required Provided cn Lot Area min. 0.4ha 1.7ha o Lot Frontage min. 40.Om 101.3m Front Yard Setback min. 11.0m >11.0m Exterior Side Yard Setback 11.Om NA o (min.) N Interior Side Yard Setback 6.Om 6.Om o (min.) N Rear Yard Setback min. 11.0m 11.0m o Width of Planting Strip 6.Om 1.Om � Adjacent to Front Lot Line m- Width of Planting Strip m Adjacent to Exterior Side Lot 6.0m NA v Lines CD Height of Buildin max. 12.Om <12.0m 4.5 parking spaces CD Office (1 parking space/30.Om2 of 5 parking spaces m Required G.F.A. Parking 18.6 parking spaces Recycling (1 parking space/45.Om2 of 21 parking spaces co Establishment G.F.A.) 0 1 Type 'A' B.F. space Required Barrier Free Parking 1 — 25 space 1 Type 'A' B.F. space n m D INNOVATIVE PLANNING SOLUTIONS SLIDE 8 ' &MINOR VARIANCE FOUR TLLS� IPS 1.is the application minor in nature? • No adverse impact uses and structures on the property or on surrounding properties o • Planting strip,SWM pond,and natural topography will provide ample buffering along Small Crescent o N O N W O N 2.is it desirable for the appropriate development,use of the land,building,or structure? o • Proposed use is permitted in the existing land use designation and zone v • Proposed use is consistent with industrial nature of existing uses on adjacent properties • Reduced planting strip is necessary to accommodate the location of a SWM pond on the property N (p =. 00 O N N n (D D INNOVATIVE PLANNING SOLUTIONS SLIDE 9 ' mkMINOR VARIANCELFOUR TB IPS M� 3.Does the application conform to the general intent of the Zoning By-law? • Recycling Establishment is a permitted use within the Economic Development (ED)zone o • Intent of planting strip minimum width is to provide adequate buffer and ensure adjacent and surrounding properties and not adversely impacted o • MinorVariance required to accommodate placement of SWM pond;contributes to buffering proposed N w 0 property uses • Recycling Establishment structures and areas sufficiently setback from front lot line (~52.5m) and upgradient 4.Does the application conform to the general intent of the Official Plan? CD • `Industrial'designated lands intended to"provide lands for the creation o f industrial employment cc opportunities" CD w • Variance will facilitate a Recycling Establishment (permitted use) 0 • Proposed development satisfies`Industrial'designation policies in Section C8.5.1,including parking and o loading requirements,appropriate buffering,screening,and transitioning to surrounding properties and uses. CD INNOVATIVE PLANNING SOLUTIONS SLIDE 10 ' SUMMARY AND CONCLUSION-,.] CONSULTING • Minor variance is being requested to support the proposed development of a Recycling Establishment on the property 0 0 • Minor variance is required to permit a 1.0m wide planting strip along the front lot line where a 6.Om width is o required by ED zone N w • Proposed planting strip is necessary to accommodate the location of a stormwater management pond along the 0 lot frontage, which will contribute to the buffering of uses on the property along Small Crescent • Proposed variance satisfies the Planning Act tests of minor variance v • Conforms with intent of Twp, of Oro-Medonte Official Plan, Zoning By-law, is desirable for the appropriate development of the area/use of land, and is minor in nature • Our professional opinion that the requested minor variance application demonstrates consistency with and o ' conforms to the applicable planning policies and principles, and represents good planning o v n D INNOVATIVE PLANNING SOLUTIONS SLIDE 11 ' rn IPS THANI( YOU N O N W O N N Questions and Comments Welcome CD 0 00 Email:info((Dipsc�ginc.com v n D INNOVATIVE PLANNING SOLUTIONS SLIDE 12 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Development Services Prepared By: DS2023-024 Committee Catherine McLean, Intermediate Planner Meeting Date: Subject: Motion # April 5, 2023 Consent Application 2023-B-02 by Sherry & Donald Hubbert Roll #: 404 Ridge Road East R.M.S. File #: 4346-010-009-07200 D10-61022 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2023-024 be received and adopted. 2. That Consent Application 2023-B-02 by Sherry & Donald Hubbert, to permit a boundary adjustment on the lands municipally known as 404 Ridge Road East, Township of Oro-Medonte, be deferred to provide the applicants the opportunity to address Township Planning Staff comments. 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject lands have a total lot area of approximately 55.4 hectares (136.81 acres) according to our MPAC records and are located on the northeast corner of Line 8 South and Ridge Road East. The subject lands support a single detached dwelling and several agricultural buildings. Surrounding land uses consist mostly of agricultural uses and Burl's Creek event lands are located to the north of the subject lands (refer to Schedules 1 and 2). The applicants are requesting consent to sever and merge lands for the purpose of a boundary adjustment (refer to Schedule 3), as noted below: Development Services April 5, 2023 Report No. DS2023-024 Page 1 of 19 Page 116 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Lands to be Severed Lands to be Total Merged lands from Retained (400 Ridge Road 404 Ridge Road East (404 Ridge Road East) and Added to 400 East) Rid a Road East Frontage: Approximately 65.0 m Approximately 670.0 Approximately 119.2 m 213.3 ft. m 2,198.2 ft. 391.1 ft. Depth: Approximately 152.0 m Irregular Irregular 498.7 ft. Area: Approximately 1.0 ha Approximately 54.4 ha Approximately 1.8 ha 2.5 ac. 134.31 ac. 4.38 ac. Use: Agricultural I Agricultural Residential No new lots are proposed as a result of the boundary adjustment/lot addition. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 2.1 — Natural Heritage and Section 2.3 —Agriculture are applicable to this application. Section 2.3.4.2 states: "Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons" (PPS, 2014, p. 25). `Legal or technical reasons' is defined as: "severances for purposes such as easements, correction of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot" (PPS, 2014, p. 43). Planning Staff currently have concerns that this boundary adjustment may not be `minor' in nature, as it has the potential to negatively impact the viability of the farmland from which the lands are being severed, due to the resulting loss of farmland. Therefore, Planning Staff are not able to conclude at this time 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. The Growth Plan does not contain specific policies that relate to boundary adjustments; however, it speaks to protecting agricultural lands for long-term agricultural use. Specifically, Section 4.2.6.2 states that "Prime agricultural areas, including specialty crop areas, will be designated in accordance with mapping identified by the Province and these areas will be protected for long-term use for agriculture" (p. 46). The subject lands have been identified as a prime agricultural area in the Growth Plan mapping. Section 4.2.6.3 states: "Where agricultural uses and non-agricultural uses interface outside of settlement areas, land use compatibility will be achieved by avoiding or where avoidance is not possible, minimizing and mitigating adverse impacts on the Development Services April 5, 2023 Report No. DS2023-024 Page 2 of 19 Page 117 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Agricultural System. Where mitigation is required, measures should be incorporated as part of the non-agricultural uses, as appropriate, within the area being developed. Where appropriate, this should be based on an agricultural impact assessment" (p.46). The applicants are encouraged to retain qualified professionals to complete and submit an Agricultural Assessment and a Planning Justification Report, to the satisfaction of County and Township Planning Staff, to assess the quality of the soils for agricultural production, evaluate the potential impact of the boundary adjustment on the lands to be severed and the farming viability of the remaining agricultural field at the intersection of Line 8 South and Ridge Road East, and to reconcile the conclusions of the Agricultural Assessment against applicable planning policies. Further Section 4.2.6.5 states: "The retention of existing lots of record for agricultural uses is encouraged, and the use of these lots for non-agricultural uses is discouraged" (p. 46). As discussed above, Planning Staff have concerns that the boundary adjustment may negatively impact the use of the severed lands and a portion of the retained lands for continued agricultural purposes. The subject lands contain a watercourse (Burls Creek), floodplain and woodland; therefore, Section 4.2.3, Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features, is also applicable to this application. Section 4.2.3.1 states that outside settlement areas, development or site alteration is not permitted in key natural heritage features. However, since the proposed boundary adjustment does not represent `development' as defined by the Growth Plan, these policies do not affect this application. Based on the above, Planning Staff are unable to conclude at this time that this application conforms to the Agricultural System policies of the Growth Plan. Lake Simcoe Protection Plan The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The LSPP does not contain specific policies relating to boundary adjustments. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the application from a natural hazards and watershed management perspective, and indicated that the application is consistent with the natural hazards policies of the Provincial Policy Statement. They confirmed that they have no objection to the proposed consent to facilitate a boundary adjustment/lot addition. The LSRCA's full comments are included as Schedule 7 to this report. County of Simcoe Official Plan The subject lands and the benefitting lands are designated `Agricultural' in the County of Simcoe Official Plan. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be Development Services April 5, 2023 Report No. DS2023-024 Page 3 of 19 Page 118 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re, ... permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.19). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 145). Section 3.6 Agricultural seeks to protect the prime agricultural lands for long-term agricultural use. Specifically Section 3.6.12 addresses non-agricultural uses in prime agricultural areas and states: "Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and existing land uses are to be mitigated to the extent feasible" (p. 40). As described in the section above, Planning Staff have concerns that the boundary adjustment may negatively impact the viability of the retained farmland as a result of the proposed expansion of the non-agricultural lot (benefitting lands at 400 Ridge Road East) on these lands. Planning Staff received comments from the County Transportation and Engineering Department, see Schedule 8. They have requested that should the application be approved, the applicant shall transfer a road widening along the entire frontage of the severed lands and 400 Ridge Road East, adjacent to County Road 20 (Ridge Road East). The County Planning Department has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County Planning comments that may be received. 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 applicants' development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Agricultural with a small portion of Environmental Protection Two in the Township's existing Official Plan (1997), see Schedule 4. In the Township's updated Official Plan (adopted 2022), the subject lands are entirely designated Agricultural, see Schedule 5. The objectives of the Agricultural designation are: • maintaining and preserving the agricultural resource base of the Township; • protecting land suitable for agricultural production from fragmentation, development and land uses unrelated to agriculture, agriculture-related uses or on-farm diversified uses; Development Services April 5, 2023 Report No. DS2023-024 Page 4 of 19 Page 119 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... • promoting the agricultural industry and associated activities and enhancing their capacity to contribute to the economy of the Township in accordance with the Planning Act and the Farm Protection Act and its successors; • preserving and promoting the agricultural character of the Township and protecting prime agricultural areas for long-term agricultural and related uses; • providing opportunities for agriculture-related uses and on-farm diversified uses and to grow the agri-tourism sector; and, • minimizing land use conflicts and requiring new land uses and new or expanding livestock facilities to comply with the Minimum Distance Separation Formulae where applicable. The Agricultural section contains policies related to the creation of new lots, yet is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Section 4.8.7 speaks to Boundary Adjustments. Specifically, Section 4.8.7.2 states: "In reviewing an application for such a boundary adjustment, the Township shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan. In addition, the Township shall be satisfied that the boundary adjustment will not negatively affect the viability of any agricultural parcels affected" (p. 162). Planning Staff have concerns that the boundary adjustment may negatively impact the viability of the severed and retained farmland. As mentioned above, the applicants are encouraged to complete an Agricultural Assessment and a Planning Justification Report, to the satisfaction of County and Township Planning Staff, to assess the quality of the soils for agricultural production and evaluate the potential impact of the boundary adjustment on the lands to be severed and the remaining agricultural field at the intersection of Line 8 South and Ridge Road East, and to reconcile the conclusions of the Agricultural Assessment against applicable planning policies. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended, and the benefitting lands are currently zoned Rural Residential Two (RUR2) (refer to Schedule 6). Should the application be approved, it is recommended that the applicants be required to apply for and obtain a Zoning By-law Amendment to rezone the portion of the lands to be severed that are currently zoned Agricultural/Rural (A/RU) to the Rural Residential Two (RUR2) zone. In the absence of such a Zoning By-law Amendment, The RUR2 and A/RU zone boundary has the potential to complicate setback requirements depending on where someone might want to build a building or other structures in the future. Also, leaving the A/RU zone in place could create the false impression that there is permission for an agricultural building or agricultural use; however, the merged lands would not be large enough to permit an agricultural use as it requires a minimum lot size of 2 hectares (4.9 acres). Table B1 of the Township's Zoning By-law requires a minimum lot size of 0.4 hectares (0.98 acres) and a minimum frontage of 45 metres (147.6 feet) for a lot in the Rural Residential Two (RUR2) Zone. The lot configurations that would result from this Development Services April 5, 2023 Report No. DS2023-024 Page 5 of 19 Page 120 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re, ... application, would all comply with the lot frontage and lot area provisions of the Zoning By-law. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). While is satisfied that no plan of subdivision is required for the purposes of a boundary adjustment, Planning Staff has concerns with the ability of this application to meet: • 51(24)(a), specifically, "...the effect of development of the proposed subdivision on matters of provincial interest...". In this case, Planning Staff are of the opinion that the Provincial interests are, "...the protection of the agricultural resources of the Province..." and "...the protection of ecological systems, including natural areas, features and functions". • 51(24)(d), specifically, "...the suitability of the land for the purposes for which it is to be subdivided...". In this case, Planning Staff have concerns about the suitability of the sizes of retained lands, specifically the agricultural field at the corner of Line 8 South and Ridge Road East, and the merged lands for viable agricultural purposes. 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 Adopted Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Development Services April 5, 2023 Report No. DS2023-024 Page 6 of 19 Page 121 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... 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. • Township Building Division — No comment. • Lake Simcoe Region Conservation Authority — See Schedule 7. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: Township Official Plan — Land Use Schedule 5: Township Adopted Official Plan — Land Use Schedule 6: Existing Zoning Schedule 7: Lake Simcoe Region Conservation Authority Comments dated March 21, 2023. Schedule 8: County of Simcoe Comments dated March 30, 2023. Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2023-B-02 be deferred to provide the applicants the opportunity to address Township Planning Staff comments. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andy Karaiskakis, RPP March 30, 2023 Senior Planner Derek Witlib, RPP March 31, 2023 Acting Director, Development Services Development Services April 5, 2023 Report No. DS2023-024 Page 7 of 19 Page 122 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Schedule 1: Location Map �VascY"Rd.— 250 -Meons[ohe Rd. 265 259 234 Hetsesh—JRd 303 Old 11 315 i1 a 330 329 =t N co ti J J 449 354 335 744 404 — -- 646 r521 628 634 504 y 270 -�Si'id9eR �c 591 J 597 551 465 375 625 641 653 193 672 691 185 682 177 698 703 � 169 712 714 721 837 1= 161 42 54 fib 78 90 130 142 156 172 188 202 216 234 246 262 27T211 736 153 744 Tudhope_Blvd. E�1' 758 139 23 39 59 73 85 99 113 129 145 163 175 107 0 19 245 257 275 285 76600 763 64 Location 177771 4 � Subject Lands Tutunshi. of Proud Heritage,Exciting Future 0 loom File Number.2023-B-02 41' 1 Development Services April 5, 2023 Report No. DS2023-024 Page 8 of 19 Page 123 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Schedule 2: Aerial Photo —Vasey'Rd­ �. i:'i�s._ 1�...:_•�.,,'yam •Moonsio eRd�� r � - 259 234 HarseshoeValleyRd� OId R_rie-Rd._ —Ridge�Rda� r354 335 _ — - tn C J 744 404 - fi46 63. 270 .� _ '2UE R�d9eR�•� •i: 400 591 597 . 465' t7 193 672 I'- 185 682 O f` 177 698 83' m 169 ,,•, 712 161 42 54 66 76 90 114 t30 12 M156 1,2 1'88 202 216 234 246 262 276 290 �7�26 Aerial Photo Tatunship ��,"'E7��� Subject Lands o_f Proud Heritage,Exciting Future 6 100 M File Number:2023-B-02 V I I Development Services April 5, 2023 Report No. DS2023-024 Page 9 of 19 Page 124 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Schedule 3: Proposed Boundary Adjustment I 6 0014 i 4v Q k6 �0+ Proposed Boundary Adjustment To",M,,iPof Pmud Hrrit¢�e,F.xcrtin,Q Friture File Number:2023-B-02 Development Services April 5, 2023 Report No. DS2023-024 Page 10 of 19 Page 125 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Schedule 4: Township Official Plan — Land Use —YaseyRd.— -MoonsM e Rds.A HorseshlJce!!•Valley-Rd� old.Rarrie-Rd-,7— See Section C 1.4.6 a —Ridge�Ro. ... 07 J See Section C1.4.7 ui See Section v C1.4.7 e J z`o✓— uJ ai c 10 Township Official Plan - Land Use OEnvironmental Protection Two r.J Subject Lands Rural Agricultural 0 Shoreline Township of Environmental Protection One � _Eighth Line Special Policy Area Proud Heritage,Exciting Future 0 son m File Number:2023-13-02 Ili lI Development Services April 5, 2023 Report No. DS2023-024 Page 11 of 19 Page 126 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Schedule 5: Township Adopted Official Plan — Land Use _YaseY.Rd._ .MoonstoncRd. 9'6 HorseshoeVal ley R d, -OldearrieR� — '�Riage�Rp9d V t C1 J I Township Adopted Official Plan (2022) - Land Use J Subject Lands Agricultural s � jMi Greenlands /(�]�Tooummship�of�/� 0 Rural Shoreline Proud Heritage,Exciting Future Eighth Line Special Policy Area o 300 m File Number:2023-B-02 Development Services April 5, 2023 Report No. DS2023-024 Page 12 of 19 Page 127 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Schedule 6: Existing Zoning —va:eyRa.— RUR2 E C6 = - C -M—swne Rd. � W 3 Rorsesnce•vauey-Ra. AJRU-306 A/RU Ofd.e_ieRd—r (( - � N 7 a '.Rme��Roaa RUR2 EP-3 I N ai G1 EP- E y, C A/RU-307 J AJRU-308 tlJ A/RU Id Q C J A/RU F`7 a E I E __ Etd• ' co ry -20! AJRU EP as AJRU AJRU J I N i m AJRU E rid J AfRU(H) AJRU ar AJRU i O ' AJRU E A Sill '— IR1 SR AfRU sR Tudhope BI.ud. I os SR ExistingZoning RUR2 Rural Residential Two 9 ( ) Subject Lands SR(Shoreline Residential) -�� A/RU(Agricultural/Rural) Township o� EP(Environmental Protection) OS(Open Space) Prond Heritage,Exciting Future L PR(Private Recreational) _ rJ File Number.2023-A-09 � J Meters V 0 I I i Development Services April 5, 2023 Report No. DS2023-024 Page 13 of 19 Page 128 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Schedule 7: Lake Simcoe Region Conservation Authority Comments dated March 21, 2023. Lake SIMOW Region n�� 5ervi�tion authorfty www.L5R .san.ca Sent via e-mail: planning@oro-medonte_€a March 21,2023 Municipal File No.:2023-B—OZ LSRCA File No.:CO-33393 Andy Karaiskakis Secretary-Treasurer Development Services,Township of Ciro-Medonte 148 Line 7 South Ciro-Medonte,CAN LOL 2E0 Dear Mr_Karaiskakis; Re; Application for Consent 404 Ridge Rd E Township of Crro-Medonte Owner: Sherry&Donald Hubbert Agent:Jeremy Hubbert Thank you for circulating the above-captioned application to the Lake Simcoe Region Conser#tion Authority("LSRCA")forreviewand comment_Itis our understanding that he proponent are seeking a consent for a proposed boundary adjustment.The lands to be severec fr€rn 404 Ridge Rd E and merged with 400 Ridge Rd E are approximately 1 hectare in size.The retained lands would be approximately 54.4 hectares in size. Documents Received and Reviewed:by Staff Staff have received and reviewed the fallowing documents submitted vAth this application: Notice of Public Hearing(dated March 13",202S) ■ Consent Sketch f n.d) Staff has reviewed this application as per our delegated responsibility from the Province of Ontario to represent provincial interests regarding natural ha2ards identified in Section 3.1 of the Provincial Policy Statement,2020(PPS)and as a regulatory authority under Ontario Regulation 179106 of the Conservation Authorities Act. The LSRCA has also provided comments as per our Memorandum of Understanding (MOU) with the Township of Ciro-Medonte. 120 Bayview Parkway T 905.895,1281 Newmarket,Ontario L3Y 3W3 F 905.853,5881 Member of Conservation Ontario TF 1.800,465,0437 Development Services April 5, 2023 Report No. DS2023-024 Page 14 of 19 Page 129 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Lake Sinicce R?`film Pale 2 of Recommendation Based on our review from a natural hazards and watershed management --erspecm-e, were confirm that LSRCA has no objection to the proposed consent to facilitate a boundary ac,usimentflot addition_ Site Characteristics Existing mapping indicates the following: • The subject property is partially regulated by the LSRCA under Ontario Regulation 179{06for the following: • Presence of a watercourse(Burls Creek); o hlleanderbelt erosion hazards of Burls Creek; • Floodplain;and • Valleylands. ■ The subject property contains identified woodland areas. pieose mote: LSR-CA stpff have not attended any site meetings at this location related to the subject oppiieations. 404FUdga Rd E,Or*.MAd F..h— ❑ is,-a m •�' M9V�gAifGi�l wr.rd a_-d" rn�Yaiae{,ir.ern LmaAw re—B—bn ® r.`rr rare� , ❑ U-W TW iAYK"Rr Miom � 7d1F a� Development Services April 5, 2023 Report No. DS2023-024 Page 15 of 19 Page 130 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... ��,�'!��;L�Ic 9asxlsgcr J:&}kil6yx 31d E-i]Io-L. ::iil•. 'rtie�rr 13 .. F57' IV[yn I��Iria-+st.r.iiwrrr fj —I 1 J�i lili[vllil �m ys�mms �iC-FN�Y-il��hh r�.rLee.4 �w�-sue•®�i�Yff-�i�i 9-1:MM Wrn rpr. �yr� �4 ibo"F4d£,Ore-W4.&nm M+e++ C+t+: � Y149'4f14rF [F uirja wo�lar.n isrirr I 0 upp t—6--, a aaurl r�lrlrlr lra9u.s �lT�!YTI 1l1S 1fa SUC grill ❑ ... ..T.1►— d: i31MN Development Services April 5, 2023 Report No. DS2023-024 Page 16 of 19 Page 131 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Lake Simcoe R?gii�n _on serval-nn 4. .-i.. Page 4 of 4 DelegatedResponsib4ity and Statutory Comments: 1_ LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS)- There are identified natural hazards on the subject lands (floadplain and erosion hazard areas).The proposal is consistent with 3.1 of the:PPS as no new lots are being created within the f lood i ng or erosion hazards. 2_ LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation179/06_Thisregulation,madeunder Section 28of the CDnservafionAutho&r e's Act,ena bles conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines,watercourses,hazardous lands and wetlands_Development taking place on these lands may require permission from the conservation authority to €onfirrn that the: control of flooding,erosion,dynamic beaches,pollution or the conservation of land are not affected. LSRCA also regulates: the alteration to or interference in any way with a watercourse or wetland_ There are regulated elements on this site_Should development andf or site alteration be proposed in the future within the regulated portion of the property,a permit from the LSRCA would be required_ Surnmary Based on our review from a natural hazards and watershed management perspective, we confirm that LSRCA has no objertiontothe proposed consentto facilitate a boundary adjustmentflotaddition- Given the above corn ments,it is the opinio n of the LSRCA th at: 1_ Consistencywith Section 11ofthe PPS has been demonstrated;and 2_ Ontario Regulation 179/06 does applytothesubjectsite_Anyfuture development or site alteration proposed within the regulated portion of the propertywould require a permitfrom LSRCA will not be required prior to any works taking place_ Please inform this office of any decision made by the municipality with regard to this application. We respectfully requestto receive a copyof the decision and notice of any appeals filed. Shouldyou haveany questions,please contact the undersigned{e_dias@lsrca_on_ca) Sincerely, /'Oor�� Emma Dias Junior Planning and Natural Heritage Analyst Development Services April 5, 2023 Report No. DS2023-024 Page 17 of 19 Page 132 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... Schedule 8: County of Simcoe Comments dated March 30, 2023. �� County of Slmcc� bUn Line i7C6) 26 RM [ 0. � Transportation and Tat Free 1 BM Sg3 93Q➢ En meei-in i�WSRC RT�,lbl4 A,hLD J 9 9 Fax 705)727 79M r r4rArai i AG _ 1110 Kgh%vay 25 MEW � Rav� hliidh,.rst, unto L9X 1N6 : sirnxo=.ca Andy Ka raiskak is March 30,2043 Secretary-Treasu rer, C Dm mittee of Adj ustment Township of Oro-Medonte 148 Line 7, Box 100. Ora, ON LIK 2EO 'via:email' Dear Mr. Karaisk,akis, RE: Consent Application No.2023-13-02 Ownerw'Applicant: Sherry; & Donald Hubbert 4O4 Ride Road East, West Part Lot 24., Concession 0 Township of Oro-Med-onte;County of Simt oe County File: *OM-R-2305 Thank you for circulating the above-noted applicaton to the Coun,,y of Sirrcoe for review. It is u nderstood that the pu rpose of the consent i r,to seve r an d merge Ian ds fo r the purpose of a boundary adjustme nt. The existing rig ht-of-way width on Ridge Road East [C Dunty Road 21)}, adjacent to the su bject prope rty, is approx imately 215_a metres wide_ I n accordanoe with Table 5_4 of tit e 3 imcoe C ou my Official Pla n, the req ui red bas is rig ht-of-way width for Co unty Road 2a is 313.5 metres_ In o rd er to meet th is rig ht-of- way requirement, the°County will require a road wid ening of approximately 2.25 metres ftrr.the severed lands and 40O Ridge Road East, along he frontage of CDunty Road 20� The County of 5imoce has no objection to the approvaI of the application, provided the following con d ition is i nclu ded. 1. That the applicant shall transfer to the CcrpDration of the County of 3imcoe, at nD cost, a fee simple, unencu mbered interest i n a road allows nce wid en ing of 2.25 metres i n width alo ng th e entire frontage o`the severed lands and 4DO Ridge Road East, adjacent to CDunty Road 20,to provide a 15.25 metre rig ht-of-way from the centre-I in a of Ca unty Road 21). Ad d ition a l Notes: The applicant shall s ubmit to the satisfaction of the Cou my°s Transpo nation and Eng ineerin g Department a preliminary reference plan which sets out the road widening to be transferred to the Cou nty. Upon a pprova I, the County will instruct th a su rveyor to deposit the refe rence pla n i n the Land Registry Offioe for 3imcce County and request the surveyor provide the County with an ele-ctronic co.py of the deposited reference plan. All costs associated with the land transfer, inducting costs relating to surveying, Iega.I fees, and dis bursemenrs, ag reemens, HST, etc. sh a II be fu Ily borne by the applica nt. All legal documentation is to be negotiated, prepared and registered by the Legal Services Department of the C ou n y and to be executed whe re req u ired by the Applicant. The Applica nt shall su b mit to the Leg a I Se r k-,es Department of th a Cou my a deposit in the amou nt of$1200.0 0 prior to the Development Services April 5, 2023 Report No. DS2023-024 Page 18 of 19 Page 133 of 158 6.d) 6.00 p.m. DS2023-24, Catherine McCarroll, Intermediate Planner re: ... County +-:ornm.,7-s -2 servic*s being rendered. I nvo ices will be subm itted on a cost recovery basis and a-•--•I 3c. ag ain st the deposit. Additional deposits may be req u ired, and an y excess ove r the -ot,a l i nvoioes will be refun ded- The Co unty of Simcoe is requesti ng the road widen ing pursua nt to section 5 3(12) of the Planning Act and such land will form part of the highway to ^the eaten of the designated widen ing in a, rd any with section 91(0)of the h4un ici pal Act, 2001. + The Co unly of Simcoe Setback By-law No_ 5M4 regulzLes th a Ior-a lion of bu ildi ngs an d other structu res with in 45 metres of Ian ds adjai-e nt toCounty Road s. Any new bu ildings and other structu res will be required to be located at m in im u m 15.41 metres fro m th a iSou my Road 20 rig ht- of-wa y limit. The Co un-.y or Sirr~coe E ntrance Bar-law No- 5544 regulates th a con stru coon, alteration o r than ge in the u se of any private or p ubl is entranceway, g ate or other structu re or facil ity th at permits access to a County road- The Owner is advised that the Counter will not permit any new entrances)from the severed lands on to County Road 211- Once the lands are merged, it is expected thax the ex isting entrance to 4DO Ridge Road East wil I be used to access th a enti re merged property, as required- Prior to stamping of the d eed by the Townshi p of Ciro-Medonte, the appl icant sh all obta in writte n clears nce from the County for the above-noted condition- Plea se forwa nd a co py of th a decision to the Coun ty. If yo u res ui re any further information, please d o nort hesita''e to ocntact rre. Sincere ly, The Corporation of th a County of 3i mcoe l Zora n N e4del ko-vski, C.E.T En g ineering Techn icier n P: 705-7215-JO30D x 1222 E:zoran-ne-del<kovskifMsimcoe.ea C.C. trp,,-4mccemLM DonirKrrt 0crwaL7-DevziDw-eer&wzwing MUFN b DV DewkVne l =r--.00nae!rc510�M0 Severance 8 Di 3 WarlwKm=U&S ZRE—TA lad;7r Ram EwtWu*ME Sorrt'^ierm My 33 "23 dc,= Development Services April 5, 2023 Report No. DS2023-024 Page 19 of 19 Page 134 of 158 Consent Application 2023-B-02 (Hubbert) Location: 404 Ridge Road East 0 3 Zoning: Agricultural/Rural (A/RU) * o Environmental Protection (EP) N N O N W i Official Plan: Agricultural and Environmental Protection Two CD Current Use: Agricultural C n na o v C CD m o Q Tmm�d�ip o� a) 00 OrT� _etloszte� m Proud H E—n,ug Enwir N (D (D Consent Application 2023-B-02 (Hubbert) ;z Purpose: The applicants are requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: 3 Lands to be Severed Lands to be Retained Total Merged lands o CO from (404 Ridge Road East) (400 Ridge Road East) N 0 404 Ridge Road East W and Added to 400 Ridge Road East n Frontage: Approximately 65.0 m Approximately 670.0 m Approximately 119.2 m (213.3 ft.) (2,198.2 ft.) (391.1 ft.) Depth: Approximately 152.0 m Irregular Irregular m (498.7 ft.) Area: Approximately 1.0 ha Approximately 54.4 ha Approximately 1.8 ha (4.38 n (2.5 ac.) (134.31 ac.) ac.) v Use: Agricultural Agricultural Residential cc No new lots are proposed as a result of the boundary adjustment/lot addition. m rn 3 o s Q � 00 Tawuhip o � rrd Hrrilaxr,Exriling FA- CD 1 Consent Application 2023-B-02 (Hubbert) 3z9 Q rn Aerial Photo: - - o O n9 1 335 i V) � ro v fc �J 744 I CD 404 O 6 6 FQ 634 628 N ` 504 /1 20E��d9eRd�� l�l 591 400 597 (p D 465 (p 0 .5 l l 0 93 672 — � G 185 662 rt J _ 169 3 837 ■ ®�®CI©o®�a ©©©©�® 712 _ � Q. p2 54 66 78 90 114 � (� � 161 130 142 156 172 188 202 o 216 234 246 262 246 290 f�7�2E s � Q � 7bumshipl q� CD CU P""'4 Fli-r rri,�r,F F�Nii�i D D CD Consent Application 2023-B-02 (Hubbert) Existing Zoning: p o ., ",..... „� O 3 0 In .,.u.3a O N L h 1 N i CD 1µd - e �R1d9e. n/nu Subject Lands p m F RUR2 (Rural Residential Two) n L= SR(Shoreline Residential) .,.. Q A/RU (Agricultural/Rural) ° cw EP (Environmental Protection) wOS (Open Space) Tutlhope Blv. uau " o PR(Private Recreational) m LI 00 0 0 Iv m !`rniirl Hrri(axr,Exriling FA- CD 1 Consent Application 2023-B-02 (Hubbert) Q Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: 3 �. O �L� N W I �,• �I 1• fyu 9`er°� � cQ D (D Shoreline OEnvironmental Protection Two Agricultural M Shoreline Agricultural Environmental Protection One Ei hth Line Special Policy Area w Rural Greenlands g p y CO Eighth Line Special Policy Area Agricultural Greenlands 3 o Rural (D - Rural s '�Q Tawuhip o� ly QD P""'4 Fli-r rri,�r,F FNii�i D ID Consent Application 2023-13-02 (Hubbert) Applicant's o Proposed Boundary _ 6 o Adjustment: E�yk N �70M a N iv Acd,An rw m / m n 0« �Iedor�e v 0 v cQ o ° CL � Tn hip o� 00 f'rniirI H E-O,H e F,,i Consent Application 2023-B-02 (Hubbert) 0 O 0 CO rIj N r. W (D M. -7 M E^ _ lJ 1 2- Looking Northeast along Ridge Looking Southwest along Road East Ridge Road East s� LI Prniirl Hrrilaxr,Exriling FA- CD 1 Consent Application 2023-B-02 (Hubbert) Q ,T- i F ,I - - m a Looking North along Line 8 Looking South along Line 8 South South o - 00 (Iicclosite v CD (D Consent Application 2023-B-02 (Hubbert) 0 0 CO O 4 A jI I c� v , m Notice sign posted Q 00 C9 �o � closz�e N (D (D Consent Application 2023-B-02 (Hubbert) 0 CO ,tad ui�lnf "ti � r N e M. e n v Existing buildings on the lands Single detached dwelling on to be retained (404 Ridge Road the lands to be retained East) Q 0UI 0 C9 m N (D (D Consent Application 2023-B-02 (Hubbert) 0 O 3 0 CO N O N W N =• �R (D CD n N Lands to be severed from 404 Ridge Road East and merged with 400 Ridge Road East � Tawuhip o 00 � rrd Hrrilaxr,Exriling FA- CD 1 Consent Application 2023-B-02 (Hubbert) NJ p ! _ n^ 0 Benefitting lands (400 Ridge Watercourse to the east of the Road East) benefitting lands rn 3 LI 0 Prniirl Hrri(axr,Exriling FeA­ 1 Consent Application 2023-B-02 (Hubbert) Q Recommendation: Defer It is recommended: _9 3 1. That Report No. DS2023-024 be received and adopted. N 0 2. That Consent Application 2023-B-02 by Sherry&Donald Hubbert,to permit a boundary adjustment on the lands municipally cN,,> known as 404 Ridge Road East, Township of Oro-Medonte, be deferred to provide the applicants the opportunity to address Township Planning Staff comments. n v 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's m signature. D m n n v 0 v m m o m 000 m v D D CD (D 7.a) DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control ... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-027 Development Services Andy Karaiskakis, Committee Senior Planner Meeting Date: Subject: Motion # April 5, 2023 Site Plan Control By-law Roll #: Update R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-027 be received and adopted. 2. That Site Plan Control By-law No. 2019-056 (A By-law to Designate Areas of the Township of Oro-Medonte as Site Plan Control Areas), as amended by By-law 2020-038, be further amended in order to exclude certain forms of development from Site Plan Control pursuant to the Planning Act as amended by Bill 23, as outlined in Report DS2023-027. 3. That the Deputy Clerk bring forward the appropriate By-law (By-law No. 2023- 022) for Council's consideration. Background & Discussion: The More Homes Built FasterAct, 2022 (Bill 23) received Royal Assent on November 28, 2022 and included amendments to Section 41 (Site Plan Control) As a result of this act, Site Plan Control can no longer be required for a residential building of 10 units or less. However, the Township's Site Plan Control By-law (By-law 2019-056, as amended by By- law 2020-038) currently requires Site Plan Approval for three (3) or more units in most cases. The current By-law also authorizes Site Plan Control to be imposed on single detached dwellings and 2-unit dwellings where required as a condition of a Consent, Plan of Subdivision or a Zoning By-law Amendment. As a result of Bill 23's amendments to the Planning Act, this means our By-law needs to be updated to align with this change. The Township requires a lot grading plan and "residential site plan" application for lots described in the current Site Plan Control By-law. For clarification, as a result of Bill 23, this process is being removed from the Site Plan Control By-law and will be guided by the Building By-law (By-law No. 2018-025) which also speaks to lot grading review for residential development. This update is required to conform to Bill 23 and will not be changing the process. Development Services April 5, 2023 Report No. DS2023-027 Page 1 of 11 Page 148 of 158 7.a) DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control ... A Bill 23 redlined version of the Township's Site Plan Control By-law is attached as Schedule 1 and a proposed amending By-law is attached as Schedule 2. Financial / Legal Implications / Risk Management: It is anticipated that these changes will produce a loss of approximately $10,000 in yearly planning application revenues. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Continuous Improvement & Fiscal Responsibility Balanced Growth Consultations: Acting Director, Development Services Attachments: Schedule 1: Site Plan Control By-law Proposed Red-line Changes Schedule 2: Draft By-law Conclusion: Planning Staff is of the opinion that the proposed update to the Township's Site Plan Control By-law, as outlined in Report DS2023-027, conforms to Bill 23 and the Planning Act. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, RPP, Acting Director, Development Services March 31, 2023 Development Services April 5, 2023 Report No. DS2023-027 Page 2 of 11 Page 149 of 158 7.a) DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control ... Schedule 1: Site Plan Control By-law Proposed Red-line Changes The Corporation of the Township of Oro-Medonte By-law No. 20,19-056 A By-law to Designate Areas of the Township of Ora-Medonte as Site Plan Control Areas and to Repeal By-law No. 201`r-036 Whereas subsection 41(2)of the Planning Act, R.S.C_ 1990, c. P_13, as amended, provides that where an area is shown in the Oro-Medonte Official Plan as a proposed Site Plan Control Area, Council may, by by4aw designate such area as a Site Plan Control Area: And Whereas the Township of designates all areas of the Township as proposed Site Plan Control Areas and provides for the establishment of a site plan control by-law; And Whereas subsection 41(13) of the Ranning Act authorizes the council of a municipality to delegate to an appointed officer of the municipality any of the councif s powers or authority under section 41; And Whereas the Township may require the approval of certain plans and dralvings as a condition of development in the Township; and may require that an owner enter into a Site Plan kgreement with the Township, in :accordance with section 41 of the Ran.-#.W Ac . Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follokr�rs:: 1. Definitions (a)'By-law'means this by-lair passed under subsection 41(2)of the Plarnr ng A& (b)'Council" means the Council for the Township. (c) 'Development7 shall have the same meaning as set out in subsection 41(1)of the PlanMng Act, meaning the construction, erection, -or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, -or the laying out and establishment of a commercial parking lot ter of sites far the location of three or more trailers as defined in subsection 164{4) of the Manicipal Act 2001, S.0. 2001, c. 25, as amended, or of sites for the location of three or more mobiles homes as defined in subsection 46(1)of the PlarrMng Act or of sites for the construction, erection or location of three or more land lease comm unity homes as defined in subsection 46(1)of the Flaming Act- (d)'Director of Development Services" shall mean the Director of Development Services of the Township. Development Services April 5, 2023 Report No. DS2023-027 Page 3 of 11 Page 150 of 158 7.a) DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control ... (e) "On-Farm Diversified Use" includes, but is not limited to, home occupations, home industrles, agri-tourism uses, and uses that produce value-added agricultural products. (f) `Person" means an individual, association, firm: partnership, corporation, trust, incorporated company, or other legal representatives of a person to whom the same can apply according to la - (g) "Township" means The Corporation of the Township of Oro-Medonte or the appointed officer of the Council in accordance with this By-law. (h)'Zoning By-lava means the Township of Oro-Medonte Comprehensive Zoning By-law 97-97, as amended. (i) All other terms used in this By-law shall be have the meanings as defined under the Zoning By-law_ 2. Site Plan Control Area All land within the corporate limits of the Township are hereby designated as a Site Plan Control Area. The properties listed in Schedule'A'and forming part of this Byaavw are designated as Site Plan Control Areas in accordance with section 41 of the PYarning Act. 3. Classes of Development Excluded The followings classes of Development do not require the approval of plans and drawings otherwise required under subsections 41(4) and(5) of the Rar ning Act. (a)Any residential development containing tin (210)dwelling units or less (including buildings and structures accessory to such residential development)except where such residential development: (i') includes an existing or proposed Home Industry; or. (ii) includes an existing or proposed Bed and Breakfast operation,,,- -a s kh oct to cite plan control oc imposo l ar a rnnrli#iop or PQ9WiF@PA-3nt of I;QAS@nt r.lRn.of 9Wbd1111S119n rer-Wnninn by-law amarid-MO-At f'rxmmtta o. (b)Any development occurring in or upon lands zoned in the Airport (AIP) Zone; (c) Agricultural structures and accessory structures thereto: except where such agricultural development; (i) includes an existing or proposed commercial greenhouse; (ii) includes an existing or proposed building or structure for the indoor growing of crops; Development Services April 5, 2023 Report No. DS2023-027 Page 4 of 11 Page 151 of 158 7.a) DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control ... (iii)includes an existing or proposed On-Farm Diversified Use, meaning uses that are secondary to the principal agricultural use of the property., and are limited in area-, (iv)is subject to site plan control imposed as a condition or requirement, of consent, plan of subdivision or zoning by-law amendment by Council, or as a condition of approval by the Development Services Committee; (d)Any development, buildings or structures erected by the Township- (e)Any land; building or structure undergoing interior alterations or renovations that do not change the location, height, volume gross floor area of the building or structure; and any land, building or structure undergoing alterations, renovations, or addition that does not increase the gross floor area of the building or structure by more than 10%. except that: (i) only ane exemption per building or structure shall be permitted pursuant to this section; and (H)section (e) does not apply to development-or uses prescribed under subsections 3(a)(i) and 3(a)(ii) above_ d. Site Plan Agreements No Development is permitted within the Township unless the owner enters into a Site Plan Agreement, except where exempted from Site Plan Control, or where Council waives the requirement for an agreement. Any agreement or amendment to an existing Site Plan Agreement made in accordance with the provisions of this By-law or a predecessor of this By-law shall be registered against the lands affected by the agreement or amendment, and all costs of such registration of the Agreement or Amendment or any other related instruments shall be home by the owner or person undertaking the Development_ 5. Classes of Site Plan Applications (a) Residentiai= - Residential development containing Avaten dwelling units or less; -Any temporary building; or -Any change to a site not invohring the erection of a new building or building addition. {b) Minor CommercialilndustdailMulti-Residential - Residential developments greater than 210 dwelling units but I&;._ th RA 1 ems: or - Where construction or additions to buildings that would result in an increase in the building footprint greater than 50.0 square metres, but less than 200.00 square metres. {c) Major Commercial?Industdal,-Multi-Residential Development Services April 5, 2023 Report No. DS2023-027 Page 5 of 11 Page 152 of 158 7.a) DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control ... - All development that is not consider Residential or Minor Commercialr'Industrial shall be considered Major Commercial,-'Industrial.Multi-Residential. 6. Delegation The Director of Development Services is hereby delegated as being the official entitles to exercise Council's authority to approve or exempt development. impose conditions and require an agreement under Section 41 of the Planning Act and this by-law. The Director of Development Services shall consult With the appropriate municipal departments and outside agencies to ensure compliance of the plans and drawings submitted in accordance with Section 7 below, the policies, by-law andior statutes administered by such departments and?or agencies. In the case where Council or the Development Services Committee has approved a development application ( i.e. Zoning By-law amendment or Minor Vadance), within 12 months of the date of that decision, the Director of Development Services is hereby delegated authority to approve major site plan applications and amendments thereto, unless otherwise directed by Council. Notwithstanding the delegation set out above: (a)The Director of Development Services may, at any time, refer applications to Council for approval; or (b) Council may request(by resolution)that an application be presented to Council for approval; or (c) Where the Director has refused to issue an approval or where the conditions of approval are disputed, the Applicant may request that the application be presented to Council for approval. Upon receipt of the resolution under subsection (b) or the written application under subsection(c), the Director shall refer the matter to Council. The Director of Development Services may approve minor changes to any approved site plan, in writing without an amendment to the site plan agreement. Multiple minor changes shall be incorporated into the site plan agreement through an updated site plan and amending agreement process. Development Services April 5, 2023 Report No. DS2023-027 Page 6 of 11 Page 153 of 158 7.a) DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control ... 7. Approval of Plans Applicants are encouraged to consult with the Township before submitting plans and drawings for approval as provided in subsection 41(3_1)of the Piar?ruing Act. Subject to the exclusions set out in Section 3 of this By-law, no person shall undertake any Development in the Site Plan Control Areas unless the Township, or where a referral has been made,the Land Planning Appeal Tribunal, has approved one or bath as the Township may determine, of the following: (a)Plans showing the location of all buildings and structures(including electrical, mechanical, heating andlor cooling equipment not located within the building or structure)to be erected and showing the location of all facilities and work to be provided in conjunction therewith and of all facilities and works required under Section 5 of this By-law; and (b)Drawings showing the plan, elevation, cross section views for each building to be erected which are sufficient to display the massing and conceptual design of the proposed building, the relationship of the proposed building to adjacent buildings and streets; exterior areas to which members of the public have access, and the provision of interior walkways, stairs and escalators to which members of the public have access from streets, open spaces, and interior walkways in adjacent buildings_ 8. (Facilities, Works, Maintenance, Agreement As a condWon of the approvals of the plans referred to in Section 7,the Township may require the owner of the lands to provide to the satisfaction of, and at no expense to, the Township any or all of the following: (a)Widening -of highways that abut the land such as access ramps and curbing's and traffic direction signs; (b) Facilities to provide access to.and from the land such, as access ramps and curbing's and traffic direction signs,- (c) Off-street vehicular loading and parking facilities, access driveways, including driveways for emergency vehicles and the surfacing of such areas and driveways, (d)Walkways including the surfacing thereof, and all other means of pedestrian access, (e)Facilities designed to have regard for accessibility for persons with disabilities; (f) Facilities for the lighting including flood lighting of all land or any building or structures thereon; (g)Walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscapinq of the lands or the protection of adjoining lands- (h)Vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material; (i) Easements conveyed to the Township for the construction, maintenance or improvement of watercourses: ditched, land drainage works, and other facilities on the land; and Grading or alteration in elevation or contour of the land and Development Services April 5, 2023 Report No. DS2023-027 Page 7 of 11 Page 154 of 158 7.a) DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control ... provision for disposal of storm. surface and waste water from the land and from buildings or structures thereon- Grad!n g or alteration in elevation or contour of the land and provision far the disposal of storm, surface and waste water from the land and from any buildings or stru ctu res th ereo n: and (k) Subject to subsection 41(9.1) of the Planning Act. the conveyance of part of the land to the Township for a public transit right of way. Maintain to the satisfaction of the Township and at the sole risk and expense of the owner any or all of the facilities or works mentioned in clauses 8 (b), (c), (d). (e), ft (q), (h)and{I): including the removal of snow from access ramps and driveways, parking and loading area, and walkways and all other means of pedestrian access. Enter into one or more agreements tiwith the Township which will deal with and ensure: (a)The provision of all the facilities,Works or matters referred to in subsection, ; (b)The continued maintenance referred to in subsection 8; and (c) The approval of the plans and drawings referred to in Section 7. 9. Registration, Municipal Remedial Action and Enforcement 1. Any agreement entered into under this By-law shall be registered against the Land to which it applies and the Township is entitled to enforce the provision of the agreement against the owner, and subject to the provisions of the Registry Actand the Land Titles Act, any and all subsequent owners of lands- 2. Where the owner of land is directed or required by this lay 4aw or an agreement entered into under of this By-lawthat any matter or thing be done and such person defaults in doing such matter or thing, it may be done by the Township at its expense and the Township may recover the expenses of doing such matter or thing by drawing upon any securities provided by the owner by adding these cants to the tax roll and collecting them in the same manner as taxes pursuant to section 446 of the Municipal Act 2001. 3. Any offence of the provisions of section 41 of the Planning Actor any provisions of this By-law. as may be amended from time to time, may be prosecuted pursuant to the provisions of section 67 of the PPafipi g Acts 4. Unless prohibited by lavr: the owner executing a Site Plan Agreement shall be requested to agree to a provision whereby the Director Development Services; the -Chief Building Official, or other person to whom the Director Development Services delegates the responsibility may enter on land subject to the,agreement to inspect same for compliance with the Agreement. Nothing in this provision authorizes the entry into of any building. S. The right of entry described in paragraph 4 above is in addNon to any statutory rights of entry the Township may otherwise.specifically have. Development Services April 5, 2023 Report No. DS2023-027 Page 8 of 11 Page 155 of 158 7.a) DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control ... 10. Authorization After approval of an application by Council, the Director of Development Services or designate,the Mayer and Clerk are hereby authorized to sign any Site Plan Agreement and any documents which may be required to implement the condiflans of approval_ 11.Severability Should any section, subsection, clause or paragraph of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part other than the Section, subsection, clause or paragraph declared to be invalid. 12.That By-lain 2015-086 is hereby repealed in its entirety. 13.This By-law shall take effect on the final passing thereof_ Bey-law read a First, Second and Third time, and Passed this 12th day of June,2019. The Corporation of the Township of Ciro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Development Services April 5, 2023 Report No. DS2023-027 Page 9 of 11 Page 156 of 158 7.a) DS2O23-027, Andy Karaiskakis, Senior Planner re: Site Plan Control ... Schedule "A" to By-law No. 2019-D56 for The Corporation of the Township of Ora-Medonte The following properties are designated as Site Plan Control Areas in accordance with Section 41 of the Planning Act, R_S.C. 1990, c_P_13, as amended: 1 Lands zoned*31 in Comprehensive Zoning By-law 97-95 of the Township of Oro- Medonte, described as E112 of Lot 22. Concession 6 (Oro), Township of Oro- Medonte, Roll Number 4346-010-009-06700,240 Line 8 South (Barrie Speedway) I Part of Lots 5 and 6. Concession 14, being Lots S and 5, Plan M-205, Part 1, RP51 R-14573 (Oro), Township of Oro-Medonte, Roll Number 43-46-010-005-2.1007- 0000,14 Petherwin Place(Locke) I South Part of Lot 17, Concession 3 (Orillia), Township of Oro-Medonte, Roll Number 4346-030-01243100-0000, 16 Moon Point Drive (Cooke). 4- Lands designated Residential One (R1)Zone in Registered Plan 1464, Lots 23 and 24, Concession 11 (Oro), Township of Oro-Medonte -zoned with Holding Provisions prior to September 16, 1998(Ukrainian Camp) 5_ Lands designated as Agricultural and described as West Part of Lot 15, Concession 4 (Medonte), Township of Oro-Medonte, Roll Number 4346-020-002- 04000, 1071 Moonstone Road Nest(Hillsdale Correctional Camp). 6- Lots 1 to 13 inclusive, Plan 5IM-720, Township of Oro-Medonte. 7- Lots 16 to 28 and Lots 30 to 43 inclusive, Draft Plan of Subdivision 43T-91031 (Buffalo Springs)_ & West Part of Lot 1, Concession 13(6 Catherinie Street). Development Services April 5, 2023 Report No. DS2023-027 Page 10 of 11 Page 157 of 158 7.a) DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control ... Schedule 2: Draft Amending By-law The Corporation of the Township of Oro-Medonte By-law No. 2023-022 A By-law to Amend By-law 20'19-056 being a By-law to Designate Areas of the Township of Oro-Medonte as Site Plan Control Areas Whereas subsection 41(2)of the Planning Act, R.S.o. 1990: c. P.13, as amended, provides that where an area is shown in the Ciro-Medonte Official Plan as a proposed Site Plan Control Area; Council may, by byaaw designate such area as a Site Plan Control Area: And Whereas the Township of designates all areas of the Township as proposed Site Plan Control Areas and provides for the establishment of a site plan control by-law; And Whereas subsection 41(1.2)of the Planning Act defines development to not include the construction, erection or placing of a building or structure for residential purposes on a parcel of land if that parcel of land will contain no more than 10 residential units; Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1_ That Section 3(a)of By-law 2019-056 is hereby revised to delete the words"two (2):: and replace with "ten (10)7. 2. That Section 5(a)of By-law 2019-056 is hereby revised to delete the words"two" and replace with'ten"- 3- That Section 5(a)(ii) of By-lava 2019-056 is hereby revised to insert the word'or," after 'Home Industry". 4. That Section 5(a)(iii)of By-law 2019-056 is hereby deleted. 5. That Section 5(b)of By-law 2019-056 is hereby revised,to delete "Residential developments greater than 2 dwelling units but less than 12 units and to replace with "Residential developments greater than 10 dwelling units". 6_ This By-law shall take effect on the final passing thereof. By-law read a First, Second and Third time,and Passed this 5th day of April, 2023. The Corporation of the Township of Ciro-Medoarte Mayor, R. Greenl.aw Deputy Clerk, Janette Teeter Development Services April 5, 2023 Report No. DS2023-027 Page 11 of 11 Page 158 of 158