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05 03 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, May 3, 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 322 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 - 10 a) Minutes of Development Services Committee meeting held on Wednesday, April 5, 2023. 5. Public Meetings: 11 - 43 a) 5:30 p.m.: Notice of Public Meeting, Proposed County Official Plan Amendment, Proposed Township Official Plan Amendment, Proposed Township Zoning By-Law Amendment; Simcoe County File: SC-OPA-2201 , Township of Oro-Medonte Files: 2022-OPA-02 & 2022-ZBA-10, Part Lot 20, Concession 5, (Oro) Guthrie Settlement Area (Doncor Developments Inc.). 6. Public Hearings: 44 - 69 a) 6:00 p.m.: DS2023-034, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023-A-12, Ryan Wood, 2355 Lakeshore Road East. 70 - 99 b) 6:10 p.m.: DS2023-030, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-13, Bonnie and Randy Sheldrake, 2309 Penetanguishene Road. 100 - 117 c) 6:20 p.m.: DS2023-037, Danielle Waters, Planner re: Minor Variance Application 2023-A-14, Craig Shelswell, Concession 11 West Part Lot 9 (Oro). Page 2 of 322 118 - 135 d) 6:30 p.m.: DS2023-038, Danielle Waters, Planner re: Minor Variance Application 2023-A-15 by IKD Inc., 257 Moonstone Road East. 136 - 165 e) 6:40 p.m.: DS2023-035, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023-A-16, Karrie Thomson & Andrew Rother, 9 Georgian Drive. 166 - 194 f) 6:50 p.m.: DS2023-031 , Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-17, Theresa Ainsley & William Kersey, 5363 Line 9 North. 195 - 229 g) 7:00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development Services re: Minor Variance Application 2023-A-18, Rod & Val Kunynetz, 243 Lakeshore Road West. 230 - 255 h) 7:10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re: Consent Application 2023-B-03, Brenda Nightingale, 83 Hummingbird Hill Road. 256 - 277 i) 7:20 p.m.: DS2023-039, Danielle Waters, Planner re: Consent Application 2023-B-04, Paul & Slawomira Weber, 3325 Line 4 North, 3315 Line 4 North. 278 - 306 j) 7:30 p.m.: DS2023-032, Catherine McCarroll, Intermediate Planner re: Consent Applications 2023-B-05 & 2023-B-06 by George Hawrysch, 1146 Line 5 South, 1160 Line 5 South & 7 Simcoe Avenue. 7. Reports of Municipal Officers: 307 - 319 a) DS2023-009, Danielle Waters, Planner re: 2023-ZBA-02, Level Design Inc., Zoning By-law Amendment, 529 Mount St. Louis Road West [Refer to Item 5a) 05 03 2023 Council Agenda]. 320 - 322 b) ES2023-06, Michelle Jakobi, Director, Environmental Services and David Saunders, Manager, Development Engineering re: Ministry of the Environment, Conservation and Parks; Municipal Class Environmental Assessment Process. c) Minor Variance Application 2023-A-03, David and Danielle Nicoletta, 67A Huronwoods Drive [from March 1 , 2023 Development Services Committee meeting - To Be Deferred [from May 3, 2023 Development Services Committee meeting]. 8. Next Meeting Date: June 7, 2023. 9. Adjournment: a) Motion to Adjourn. Page 3 of 322 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, April 5, 2023 5:33 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard A, Councillor David Clark (arrived @ 5.42 p.m. during Item 6a) Councillor Richard Schell Councillor Robert Young Staff Derek Witlib, Acting Director, Development Services; Andy Karaiskakis, Present: Senior Planner; Catherine McCarroll, Intermediate Planner, Danielle Waters, Planner, Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; 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 7 Page 4 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 5, 2023. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC230405-1 Moved by Schell, Seconded by Greenlaw It is recommended that the agenda for the Development Services Committee meeting of Wednesday April 5, 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, March 1, 2023. Motion No. DSC230405-2 Moved by Bard, Seconded by Hutcheson MW It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, March 1, 2023 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 7 Page 5 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 5, 2023. 6. Public Hearings: a) DS2023-022, Danielle Waters, Planner re: Minor Variance Application 2023-A-09, Douglas Mark Group, 90 Ward Avenue. 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 Douglas Mark Group. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 9, 2023; Township of Oro-Medonte, Operations Division dated March 8, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Steve McGuire, applicant, was present. Staff confirmed that no additional public registrations were received. *46 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. DSC230405-3 Moved by Clark, Seconded by Young It is recommended 1 . That DS2023-022, Danielle Waters, Planner re: Minor Variance Application 2023-A- 09, Douglas Mark Group, 90 Ward Avenue 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 DS2023-022. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 7 Page 6 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 5, 2023. b) DS2023-23, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-10, Manoharan Pathmanathan, 2388 Highway 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 Manoharan Pathmanathan. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 13, 2023; Township of Oro-Medonte, Operations Division dated March 13, 2023; Lake Simcoe Region Conservation Authority dated March 16, 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Gerry Lloyd, 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. INK Iql0uhh, There being no further comments or questions, the hearing adjourned. Motion No. DSC230405-4 Moved by Greenlaw, Seconded by Bard It is recommended 1. That DS2023-23, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-10, Manoharan Pathmanathan, 2388 Highway 11 South 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 DS2023-023. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 7 Page 7 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 5, 2023. c) DS2023-021 , Danielle Waters, Planner re: Minor Variance Application 2023-A-11, 8903 Properties Inc., 18 Small Crescent. 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 8903 Properties Inc. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 9, 2023; Lake Simcoe Region Conservation Authority dated March 14, 2023; Township of Oro-Medonte, Operations Division dated March 22, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Ivan Ho, and Cameron Sellers, on behalf of the applicant, was present. A PowerPoint presentation was presented. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC230405 Moved by Hutcheson, Seconded by Schell It is recommended 1. That DS2023-021, Danielle Waters, Planner re: Minor Variance Application 2023-A- 11 , 8903 Properties Inc., 18 Small Crescent 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 DS2023-021. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 7 Page 8 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 5, 2023. d) DS2023-24, Catherine McCarroll, Intermediate Planner re: Consent Application 2023-B-02, Sherry & Don Hubbert, 404 Ridge 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 Donald and Sherry Hubbert. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 13, 2023; Lake Simcoe Region Conservation Authority dated March 21, 2023; Township of Oro-Medonte, Building Division dated March 22, 2023; Township of Oro-Medonte, Operations Division dated March 22, 2023; Enbridge Gas Inc. dated March 27, 2023; County of Simcoe, Transportation and Engineering dated March 30, 2023; County of Simcoe, Planning Department dated April 3, 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented.' Jerry Hubbert, 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. There being no further comments or questions, the hearing adjourned. qW 1%Motion No. DSC230405-6 ' Moved by Young, Seconded by Hutcheson It is recommended 1. That DS2023-24, Catherine McCarroll, Intermediate Planner re: Consent Application 2023-B-02, Sherry & Don Hubbert, 404 Ridge Road East 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. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 7 Page 9 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 5, 2023. 7. Reports of Municipal Officers: a) DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control By-Law Update [Refer to Item 5a) 04 05 2023 Council Agenda]. Motion No. DSC230405-7 Moved by Schell, Seconded by Hutcheson It is recommended 1. That DS2023-027, Andy Karaiskakis, Senior Planner re: Site Plan Control By-Law Update 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 DS2023-027. 3. That the appropriate draft By-law (By-law No. 2023-022) be brought forward for Council's consideration. Carried. 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: qw Wednesday May 3 2023. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC230405-8 Moved by Clark, Seconded by Young It is recommended that we do now adjourn at 7.09 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 7 of 7 Page 10 of 322 5.a) 5:30 p.m.: Notice of Public Meeting, Proposed County Official Plan ... COUNTYOF SIMCOE a¢^ Notice of Public Meeting: Proposed County Official Plan Amendment Proposed Township Official Plan Amendment Proposed Township Zoning By-law Amendment Simcoe County File: SC-OPA-2201 Township of Oro-Medonte Files: 2022-OPA-02&2022-ZBA-10 Applicant: Doncor Developments Inc. Statutory Public Meeting May 3, 2023 5:30 PM Electronic Hybrid Meeting (In-Person and Virtual) The Statutory Public Meeting will hear public comments before the Township and the County make any decisions on the applications at future meetings. THE PURPOSE and EFFECT of amendments SC-OPA-2201,2022-OPA-02 and 2022-ZBA-10 is to modify the policies of the County Official Plan, Township Official Plan and Township Zoning By-law to do the following: • to change the County Official Plan land use designation on the subject lands from "Agricultural"to"Settlements" and include the lands in the Guthrie Rural Settlement Area pursuant to Section 2.2.9.7 of the Growth Plan for the Greater Golden Horseshoe; • to change the Township land use designation on the subject lands from "Agricultural" and "Environmental Protection One" to"Rural Settlement Area" pursuant to Section 2.2.9.7 of the Growth Plan for the Greater Golden Horseshoe; and, • to rezone the subject lands from the Agricultural/Rural (A/RU)Zone to the Residential One Exception (R1-XXX)Zone and Open Space (OS)Zone. This zoning would facilitate a proposed Draft Plan of Subdivision for 16 single detached residential lots and a future development block. The planning applications to consider the above changes are being processed at the same time by the County and Township. ADDITIONAL INFORMATION relating to the planning applications is available for viewing on the Township and County websites: Township Website: https://www.oro-medonte.ca/municipal-services/planning-information County Website: https://www.simcoe.ca/dpt/pin/amend ments-and-current-applications Information is also available at the County of Simcoe Administration Centre and Township of Oro-Medonte Administration Centre during normal business hours (8:30 a.m. to 4:30 p.m., Monday to Friday). Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. HOW DO I SUBMIT COMMENTS IF I CAN'T MAKE IT TO THE PUBLIC MEETING? Email: planning@oro-medonte.ca Mail:Acting Director, Development Services: Derek Witlib, 148 Line 7 South, Oro-Medonte, Ontario LOL 2EO Visit: Town Hall during regular business hours Phone: 705-487-2171 Fax: 705-487-0133 Page 11 of 322 5.a) 5:30 p.m.: Notice of Public Meeting, Proposed County Official Plan ... WHAT ELSE SHOULD I KNOW? i. The Public Meeting is statutory in accordance with the Ontario Planning Act. ii. The approval authority for County of Simcoe Official Plan Amendment(File No. SC-OPA- 2201) is the Ministry of Municipal Affairs and Housing. iii. The approval authority for the Township Official Plan Amendment(File No. 2022-OPA- 02) is the County of Simcoe. iv. The approval authority for the Township Zoning By-law Amendments (File No. 2022-ZBA- 10) is the Township of Oro-Medonte. V. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Oro-Medonte/Simcoe County before this matter is passed, the person or public body is not entitled to appeal the decision of the Township of Oro-Medonte/Ministry of Municipal Affairs and Housing to the Ontario Land Tribunal. vi. If a person or public body does not make oral submissions at a public meeting or make written submission to the Township of Oro-Medonte/Simcoe County before this matter is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless in the opinion of the Tribunal, there is reasonable grounds to do so. vii. If you wish to be notified of the decision of Township Council in respect to this matter, you must make a written request to the Township Clerk at the address below or send an email to planningaoro-medonte.ca viii. If you wish to be notified of the decision of County Council in respect to this matter,you must make a written request to the County Clerk at the address below or send an email to clerks(�simcoe.ca ix. For more information about these matters, including preserving your appeal rights, please contact Planning Services at 705-487-2171 or in person at 148 Line 7 South, Oro- Medonte, Ontario during regular business hours. DATED 13th day of April, 2023. Yvonne Aubichon,Township Clerk John Daly, County Clerk Township of Oro-Medonte County of Simcoe Administration Centre 148 Line 7 South, Oro-Medonte, ON L9S 1A1 1110 Highway 26, Midhurst, ON L9X 1 N6 (705)487-2171 (705)726-9300 clerks(a)oro-medonte.ca clerks a(�.simcoe.ca Key Map: r= melville 11 W c J ® Subject Lands Page 12 of 322 5.a) 5:30 p.m.: Notice of Public Meeting, Proposed County Official Plan ... Proposed Draft Plan of Subdivision: 6> O Z =� F- �N w o `�< - �° m u 0 00 Ep OF a g z 0 0 o� dog s —j � f WZo(n0 w e p LL. aZ u,N°. i w Wb'§w d >°� d� O ZO a23'= z� >p"s F-x O s LL o> g'so oa e w Z= x- w o z o z w � ru L. z' z-�E11,1 s 2 w g fy ® 3 a ENVIRONMENTAL LANDS °m'ss•w N8]mw LINE 5NORTH - zx.as � 6o.B6 N31 so oB ai.n A z pJ^`M 4 Kif 8 W ¢l000 m o x°zzxaw >e ZZ A �66 w m n m e U K Q $ m $ Y Q $ z S N � � (7 6 U = Bg 95 0 OO �$ 8 w I � 8 B � 8 � I 9598 °� c / B n / � 9 5 I B6 ry m � E I 9 B6 I C! C _ �gm o K Q N31°11'IO'w J � U y � K Page 13 of 322 5.a) 5:30 p.m.: Notice of Public Meeting, Proposed County Official Plan ... Proposed County Official Plan Amendment: PART B—THE AMENDMENT 1.0 PURPOSE The Official Plan of the County of Simcoe,as amended is hereby further amended as follows: Schedule 5.1,Land Use Designations,of the Official Plan,as amended,is hereby further amended with respect to lands described as Part of Lot 20,Concession 5,within the Township of Oro-Medonte,in the County of Simcoe. An Amendment to the County of Simcoe Official Plan is required to change the land use designation from'Agricultural'to'Settlements'.The application is required to permit a minor expansion through rounding out of the Guthrie Settlement Area. 2.0 IMPLEMENTATION The provisions of the Official Plan regarding the implementation of that Plan shall also apply to this Amendment. 3.0 INTERPRETATION The provisions of the Official Plan as amended from time to time shall apply in regard to this Amendment. N Greenlands Agricultural Settlements LEGEND Scale ❑ sug—rlend: SCHEDULE "A" ® Lnnd:robe,ed-ig9.redf,.mA9,=.1r�r.1t, COUNTY OFFICIAL PLAN Seifi—nh AMENDMENT aert or nor an,c��e.�o°s, ®INNOVATIVE PLANNING SOLUTIONS Page 14 of 322 5.a) 5:30 p.m.: Notice of Public Meeting, Proposed County Official Plan ... Proposed Township Official Plan Amendment: PART B—THE AMENDMENT 1.0 DETAILS OF THE AMENDMENT The Township of Oro-Medonte Official Plan is hereby amended as follows: Schedule A—Land Use to the Official Plan is amended as shown of`Schedule B' to this Amendment(Amendment No._), to redesignate the lands subject to this amendment from 'Agricultural' and `Environmental Protection One' to 'Rural Settlement Area'. 2.0 IMPLEMENTATION This Amendment to the Official Plan for the Township of Oro-Medonte shall be implemented by Amendment to the Township's Official Plan, as amended, passed pursuant to Section's 17 and 21 of the Planning Act, R.S.O. 1990,c.P.13. 3.0 INTERPRETATION The provisions set forth in the Official Plan of the Township of Oro-Medonte,as amended from time to time regarding the interpretation of that Plan, shall apply in regard to this Amendment, and as may more specifically be set out or implied within the policies contained herein. Unless precluded, altered, or exempted by any policies contained herein, all of the relevant policies of the Official Plan shall apply to the development contemplated by Schedule`B'. Environment Agricultural Protectio n I ural lement LEGEND Scale seta=+Lnnd= SCHEDULE "B" ° ® Land=raeeredeslD—dfr.,Aerl-t","ltaR—, TOWNSHIP OFFICIAL PLAN oo �p eO a„a Settlement A— ® L.— tanere—IIgn—dnamEmra—td AMENDMENT soma„a„ow app,aw aeadse, „a_,a ae Pr—ii—One"Rural Sett{amen}A— PartofLd2D,Conceal-5, INNOt/ATIVE PLANNING SOLUTIONS Page 15 of 322 5.a) 5:30 p.m.: Notice of Public Meeting, Proposed County Official Plan ... Proposed Zoning By-law Amendment: NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts the following: 1. THAT the Zoning By-Law Map, is hereby further amended by rezoning the located at Part of Lot 20, Concessicn 5, from the Agricultural/Rural (AIRU)zone, to the Residential One Exception (R1- XXX)zone and Open Space(OS)zone. 2. THAT Schedule"C"attached hereto forms part of By-Law 97-95 as amended; 3. NOTWITHSTANDING the provisions of the By-law, the following shall apply; 1) THAT not withstanding Table B1,a lot frontage of 21 m. be permitted for Lot 13. 2) THAT notwithstanding Table B1,a lot frontage of 6.5 m. be permitted for Lot 14. N LEGEND Smle ❑ SWbje tLands o is ,n Ic ao.. ® La dstobare—dfra Aeneuiwf I/R-1(i /RU) SCHEDULE ws Poa,oMedo,a=o ge.ow9a9,to Residential One a—pt.,(Rl-XXX) ® La dstoberez df mApa—It-1JR-1(A/RU) ZONING BY—LAWN AMENDMENT ° „ama„osowsno„ aea, „ to Open Sp—(OS) van of Lot zo s, INNO/ATNE PLANNING SOLUTIONS Page 16 of 322 County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v Location: Concession 5 Part Lot 20211 217 GJ Registered Plan 51 R33531 Part 4J. TM Zoning: Agricultural/Rural (A/RU) z 0 Official Plan: Agricultural , Current Use: Vacant T Me1Vf11ect2- 23 T-1 5 �. _FE 11 JLLL21�1 2.2 Tl � V 22. A 2445 0 2fi 'J J3J9 Z2 T 138 13] 0 W � N Praiir(HrrinRr,Ezrifing Ferlilrr O _n County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v Purpose: THE PURPOSE and EFFECT of amendments SC-OPA-2201 , 2022-OPA-02 and W 2022-ZBA-10 is to modify the policies of the County Official Plan, Township Official Plan and 0 Township Zoning By-law to do the following: 3 z • to change the County Official Plan land use designation on the subject lands from "Agricultural" to "Settlements" and include the lands in the Guthrie Rural Settlement Area o pursuant to Section 2.2.9.7 of the Growth Plan for the Greater Golden Horseshoe; • to change the Township land use designation on the subject lands from "Agricultural" and "Environmental Protection One" to "Rural Settlement Area" pursuant to Section 2.2.9.7 of the 0 Growth Plan for the Greater Golden Horseshoe; and, • to rezone the subject lands from the Agricultural/Rural (A/RU) Zone to the Residential One Exception (R1-XXX) Zone and Open Space (OS) Zone. This zoning would facilitate a proposed Draft Plan of Subdivision for 16 single detached residential lots and a future development block. 00 0 w N r N C�/�Q� AE��!,(!/GGV Pra d HrHll gr,Ez iimg Ferliirr O _n County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v Aerial Photo: N O J Z 0 r-f 0. 0 0 CD �r CD 111� 111 1. 11 1■1111111■ ■ Y N ® VI H l J 0 _0 N N Pr-d Heritage,Exciting Fufurr O _0 County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v Existing Zoning: R o 0 CD a 0 a= 7WAII� ` Subject Lands CD D _ I(Institutional) °s =3 R1(Residential One) F RUR2(Rural Residential Two) p LC(Local Commercial) 0 L GC(General Commercial) L N N L I A/RU(Agricultural/Rural) >a° a° O EP(Environmental Protection) J •a° 0 O OS(Open Space) C: N Pr—d Heritage,Exciting Fufurr O _0 County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: o a z o m - -- -- , T _L9TM ID CD IT y -- =3 J, o Environmental Protection Two Agricultural Agricultural Q N Agricultural Greenlands Settlements Rural Settlement Area 0 o Rural Settlements Greenlands W Environmental Protection One ;i D (�fYJG"e,rI.���CCIJIZZPi `G N N Arard Hrritagr,Exciting Fufurr O _n County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v Proposed Draft Plan of Subdivision: w 0 GRICULTURE rin eew O 8 RESIDENTIAL ; 8 8 i z $ [�[ 0 � a � rz AGRCULTURE 8g 0 ¢ 8 8 8 8 e 8 8a 8 6 8 8 e B s 5 R s 8 `a s CD BED-Z 2 7 / $ 8 7 $ $ 1011f213 w�M vs � er vmr IM.>I �� eeevnve �a a n 1 e.nBM � { �s ttm xOW ^• MELVILLE COURT RESIDENTIAL Z m RESIDENTIAL e^ 2 A ♦Vm '-F RESIDENTIAL 8 8 �T V 0 0 (Q 0 Q N / O HIGHWAY 77 N C%()/tQ` �� `G N P""d Hriit g,E,61inq Feehnr O _0 County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v = o CD o CD m o � o v Looking east along Looking west along Notice sign posted Melville Melville along Melville w (4 � 1 N N ""d Heritage,Exciting Fufurr O _n County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v r J. � s o N O h 0 (D (D cQ O O v Looking north along Looking south along Notice sign posted Line 5 Line 5 along Line 5 � Cl) (1 � 1 N N ""d Heritage,Exciting Fufurr O _n County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v w 0 3 z O CD -.... Cr CD rr (D (Q Looking east on Looking north on Looking northwest o v subject lands - tree subject lands from `° line along Melville Melville end of Melville CL 0 O Cl) �� i�>� N N Pr—d Heritage,Exciting Fufurr O _n County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v w 0 3 z 0 CD CD CD 0 0 v 0 Looking west at end of Melville N lr_/tQ'� E;CGVYGGG N Prair(HnilnRr,Esrrlinq Ferhirr O _n County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v w CD a 0 O 0. (D � c O Adjacent lot to the Adjacent lot to the Subject lands from 0 north on Line 5 south on Line 5 Line 5 N n v O Cl) /� � ,.�� Pra d HrHll g,Ez iimg-Ferliirr O _n County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v w 0 3 z 0 CD .eJ f lm�' C lVmD �F �T V 0 V 0 View of subject lands c n 0 0 co �; C N N Pr-d Heritage,Exciting Fufurr O _0 County Official Plan Amendment, Township Official Plan Amendment & Zoning By-law Amendment Applications SC-OPA-2201 , 2022-OPA-02 & 2022-ZBA-10 (Doncor Developments Inc.) v Recommendation: w 0 This concludes staff's summary/overview of the planning context and summary of the applications. z 0 CD There will be no decision made at tonight's meeting. The purpose is to receive 0 public comments. A recommendation report will be prepared by Staff and the applications will be considered by the Committee at a future date once comments from the public, agencies and Township Departments are received and a planning analysis is 0 completed. CL N O W N r Pra d HrHll gr,Ez iimg Ferliirr O _n P U B L I C M E E T I N G M E L V I L L E COURT Official Plan Amendment, toning By - Law Amendment as & Draft Plan of Subdivision IPSINNOVATIVE PLANNING SOLUTIONS BJ E CT LANDS !ETING( v • The subject lands are located at Part of Lot 20, W Concession 5, in the Township of Oro-Medonte. 0 3 • Landholdings of 6.57 hectares (16.2 acres). ' �4 Z • Frontage of 387 metres of along Melville Court m and 86 metres of frontage along Line 5 North. 0 h a � Historically used for agricultural lands uses and —0�— a are currently vacant,with a treed area along the eastern boundary. m =' cQ • The lands have been utilized for common field crops until approximately 2010, after which the o lands have been idle,with occasional o maintenance for grass cutting. m m Q co n o The Applicant(DonCor Developments Inc.) have 0 N owned the subject lands since 2005. =3 N � O 9 v v SLIDE2 SURROUNDING LAND USES IP CONSULTING i + Rural Residential • Agricultural Agricultural Environmental/ Residential treed lands v Agricultural Residential Residential t � ' Cornroxial �Y mil` SWM r�' � �?',ti '• Commercial Agricultural Residential ' dential Gut ie Public Schoo Residential s`; • sidential Agricultural • s ci &fie c Agricu fural r, -ROPOSED DEVELOPMENT' AGRICULTURE B RESIDENTIAL w � C31 8i -W@ 'aQ`E '� AGRICULTURE u W WOO - D O 53." e m m ® Ere N5B°NLO'E u R �, $ 47 Bn R 132.sa BLOCK 17 FUTURE 15 UEVELQPMENT "-so s.iaa.°a 1 2 3 4 5 6 7 a 9 10 11 12 13 14 �a z ea.aB v U 2 70.T 3,RSR am' e5.am° a}B}mt' se30.2+° i,BBB B 2.8Bt.LM'' ],991.Bnf .B9Q2m° 3,B}a8 aTaBm' 7e}mP 9.BCJ 8m° 3.1TO:Bm7 a�Bo}.W ' 0 N58°MY s ••z 16 r-F a¢+ 8.i41.a ` 3o B0 30.00 3000 31.W 30.08 30.00 x00 30.00 30.W 30.00 30.00 30.00 21.12 72,06 (p 190.nR $ oW39'20'E - .56 8519E n MELVILLE COURTo,3omrow s iRRBa e z O RESIDENTIAL fti RESIDENTIAL vt RESIDENTIAL Z 8 a • Sixteen(16)residential lots through a Draft Plan of Subdivision. =' (Q • Lots 1-12 propose 30.0 m. of frontage along Melville Court,95 m.of depth,and lot areas range of 0.28 ha.to 0.39 ha. (0.7-1.0 ac.). _ • Lot 13 includes 21 m.of frontage along Melville Court and an area of 0.31 ha.(0.8 ac.).This lot is irregular in shape to provide access for o the adjacent Lot 14. o Lot 14 provides 6.5 m.of frontage along Melville Court and an area of 0.69 ha. (1.7 ac.). (gyp (D Q coco Lots 15&16 are oriented towards Line 5 North,accessed via private driveways.Frontages of 40 m.and 45 m.are proposed,with large o lot areas of 0.78 and 0.87 ha. (1.93-2.2 ac). o N ➢ Development would occur on the western portion of each lot where the lands are already cleared of trees/vegetation. =3 N Block 17 has been retained as a future development block,which is to be dedicated to the Township for parkland dedication. 0 • The proposed development aims to provide a similar lot fabric to maintain compatibility and blend in/mirror the existing resi dential uses. 0 ➢ Adjacent residential lots to the south contain lot areas of 0.2-0.4 ha.with frontages of approximately 40 m.along Melville Court. v v ..,.--SERVICING & GRADING OVERVIEW IPS7, CONSULTING - — — - - - - - -- - - - - - , �a• _; 7 T�7 i x +<LL + +- L, ,F zw O- — -_ -T -�- - MELYILLE COUI� v n (D I . v.�=: . CrCD w.x I I CD _ a =' cQ • The properties will be serviced by private wells and septic bed systems for each lot. Grading will match the existing perimeter grades along the limits of the development. o • All utilities are available from Melville Court or Line 5(electrical,gas,telecommunications). Q Siltation and erosion controls will be provided through construction mitigation efforts. n o 0 N The SWM plan demonstrates that the proposed development will not result in negative impacts. =3 N � ➢ Enhanced ditching and culverts are utilized,directing flows to the existing stormwater management pond on the south side O of Melville.Minor retrofits are proposed to improve the function of the facility. c v ➢ Flows from Lots 15-16 bypass the SWM facility and are directed south by an existing channel. v COUNTY OFFICIAL PLAN S IL cn • The lands are designated by the County of Simcoe Official Plan as the v following: W ➢ Land Use Designation: 'Agricultural' 0 ➢ Streams and Evaluated Wetlands: 'Locally Significant Wetland' 3 ➢ Significant Groundwater Recharge Areas: Significant Groundwater Z Recharge Area—Vulnerability Score 2' o 0' m • Through the subject application,the intent is to bring the lands into 0 'Settlements; through an Official Plan Amendment(OPA) application to round out the Guthrie Settlement Area. Agricultural 0 Settlements Logical and efficient expansions of Settlements are supported to m CD accommodate growth, make better use of lands available for development, C and support the creation of new housing options. • Through detailed evaluation by the retained environmental consulting firm -0 (Roots Environmental)and confirmed by the Lake Simcoe Region 0 CD CD Conservation Authority(LSRCA)through a site evaluation,the'locally Q co significant wetlands'mapped is incorrect and there is no feature on the 0 o subject lands. 0 co =3 N � N ❖ The application meets the County's policy criteria to support an expansion O of a Settlement Area. n v, Locally Significant Wetland v . ` t� '�•' The subject lands are currently designated as follows in the Township's Official Plan: o ➢ Land Use(sA): 'Agricultural'and 'Environmental Protection One' _P ➢ Natural Features(sB):'Environmental Protection Two, Significant Woodlands, and 'Other Wetlands(EP1)' oZ 0 nCD 0 An Amendment is requested to the Township of Oro-Medonte Official +� Plan,to redesignate the subject lands to the 'Rural Settlement Area' land use designation,becoming part of the Guthrie community. ➢ Permitted uses includes low density residential uses. n � Agricultural ➢ Private services are supported. ® Settlements (D (D • Growth is directed to Settlement Areas to create complete and cQ sustainable communities. Further, residential growth is directed to proceed in a logical and cost-effective manner. o ton CD CDY� ❖ The application satisfies the Township policies for an expansion of the Q Cl) Settlement Area and meets the tests for Plan of Subdivision Approval. n 0) 0 ➢ Including servicing and infrastructure,amenities and facilities, C N compatibility and integration,environmental,and logical �z N development. p 0 v• Environmental Protection W cn TOWNSH I P ZONING 1psk� CONSULTING v The lands are currently zoned 'Agricultural/Rural(A/RU)'in the Township of Oro-Medonte Zoning By-law(97-95). 0 • A Zoning By-law Amendment is required to rezone the lands to the 3 following: ' . Z • 'Residential One Exception(R1-XXX)' o I, `' • 'Open Space(OS)' m ri RI O rat h Rt Fi F' An Amendment to rezone the lands to 'Residential One(R1)'is required to I=, permit low-density residential land uses,consisting of single detached dwellings. Tahlel,Zoning Compliance Matrix ➢ Low-density residential land uses within the Guthrie Settlement m Residential One(R1j Zoning Comparison Area contain the R1 zone,therefore,consistency is maintained. Provision Required Provided • The Draft Plan will meet all requirements of the'R1'zone, except for lot Pem,iaed ueee Singie Detached s„gie D..,hed O D-11ii Dwellings frontage for two (2) lots; recognized by the zone exception. _0 Mimi Let,',- 02ha 02ha—Hha O v ➢ Lots 13 and 14 request a reduced lot frontage to provide for U) Minimum Lot Frontage 30 m. Lots 1-12:30.0 m. CD Lot '''t' suitable access to each lot,where frontage is provided along a Q I Minimum RequiredFmntYard 75m. Min.75an curved and irregular portion of the lands. O OMinimum Required Exterior Side Yard 4.5m. Min 5 m. C Cl) r3 N Minimum rmR.aued ntedo Yam! ! 25m Min25m The lands to be rezoned to 'Open Space(OS)'are Block 17,which will be `0 M inimum Required Rear Yard 7.5 m. Min.75 m. dedicated to the Township for parkland dedication. Minimum First Storey FloorArea 90 sq.m_ Min.90 sq.m. _n Maximum Height 11.0m. >11.0 an. Maximum Lot C—mge No Provision In accordance.4 sethacks. -L2ROVINCIAL POLICY REVIEW CONSULTING IL v • Direct growth to Settlement Areas(Guthrie),where the projected population and residential growth is to be o accommodated through ambitious levels of development. -0 3 • To support complete and sustainable communities, accommodating the needs of current and future o residents. m -! Support for more resourceful,sustainable,and � f > economical developments that can be efficiently serviced. Logical growth is promoted to create opportunities for people to live,work,and play in their communities. m CD 7.X` !"- The Township is growing and there is a demand for new cQ housing. _ .oveurw 0 —_- ____________________________-________ _____& Collective goal is to create new housing options and a -0 n�i vF more diverse range for residents. r E n „ c' -- "'" ➢ Bill 23 (More Homes Built Faster Act)-1.5 million 0 2. ---- - ' - new homes over the next 10 years. 0 N O v SLIDE9 CONSULTING Illk cn County of Simcoe: Official Plan Amendment cn W 0 Current: Agricultural' -P Proposed: 'Settlements: 3 Z 0 Township of Oro-Medonte: Official Plan Amendment m 0 Current: Agricultural'and'Environmental Protection One' Proposed: 'Rural Settlement Area' 0' Township of Oro-Medonte: Zoning By-law Amendment m m =' Current: Agricultural/Rural(A/RU)' Proposed:Residential One Exception(R1-XXX)'and'Open Space(OSJI. 0 v 0 Township of Oro-Medonte: Draft Plan of Subdivision Q (0 n C° 0 A Draft Plan of Subdivision application is required to divide the subject lands into the proposed lots and/or blocks. C N The process ensures that the development of land is orderly regarding the division of land,servicing, infrastructure and `< other related matters; in accordance with municipal regulations, policy and standards. O v' v Nk TECH N 1 SUPPORT CONSULTING • Planning Justification Report—IPS Cn v • Draft OPA/ZBA Amendments—IPS Cn w • Settlement Capability Study-IPS O • Draft Plan of Subdivision—IPS Z • Plan of Survey—Dearden &Stanton o 0 m • Agricultural Impact Assessment—Orion Environmental Solutions 0 h ➢ The AIA has demonstrated that the new rural lots will not adversely impact existing agricultural operations or the C agricultural network by including the lands with the Guthrie boundary. 2: 0' • Functional Servicing Report&Stormwater Management Plan—Tatham Engineering m (D • Environmental Impact Study—Roots Environmental cQ ➢ Comments addressed by a 11t response in March 2023, pending 2nd response,then seeking LSRCA clearance. 0 Stage 1&2 Archaeological Assessment—Irvin Heritage 0 cQ (D o ➢ CL Entry into the Ontario Public Register of Archaeological Reports (Ministry Clearance—January 2022) 0 WGeotechnical/Hydrogeological Investigation—PML � N � N • Ground Water Level Monitoring Brief—PML Q ❖ Traffic Impact Study was not required for the applications and the MTO has provided conditional approval. Q. v SLIDE 11 cn • The applications seek a minor rounding out of the Guthrie Rural Settlement Area to include the subject lands. v cn W • Official Plan Amendment,Zoning By-law Amendment, and Draft Plan applications seek approval for 16 new residential 0 lots. _P 3 • Key considerations including stormwater management, servicing,traffic,environmental, and agricultural aspects have been z 0 evaluated and addressed by the application. m • Development of the lands would seamlessly blend in with development in the Guthrie Settlement Area and mirror those 0 0 uses existing today. • The lands are located with frontage along an existing municipal road with only the south side of the street developed; 0 therefore,the subject lands are an ideal location for development to occur. m =' • The Land Needs Assessment (LNA) completed through the County of Simcoe Municipal Comprehensive Review(MCR) has determined that the Township requires new housing options in detached form and on rural lands to sustain growth projected. 0 v 0 The subject lands possess the key foundational elements to support limited residential growth and the proposed expansion Q would be considered a minor rounding out of an existing Settlement Area in an efficient manner; supported by all levels of n o planning policy. 0C: co N � N Collectively,the proposed development would provide logical and sustainable phasing to the Guthrie Settlement Area. O v' sv SLIDE 12 QUESTIONS & FEE 1 1 CONSULTING %k cn v cn w 0 Z THANK YOU 0 0' m 0 Questions & Comments Welcome CD =' 0 0 Email: info@ipsconsultinginc.com C N 1 N 0 v v SLIDE 13 cn CONSULTING APPENDIX : DRAFT PLAN w -p �rrvr a r cps •L7L/� 0 R KLcp%eo T 1 �. r.. r,a a lV 0 �ti-Ft xELYYLLE CQUR7 -----------r-___r-__ -___- - 1 0 1 j I 1 0 I 1 1 1 T I 1 N V G 1 0 0 1 1 i i I CD i I l r I I 4 1 Q i CD w =3 N � 0 v v 6.a) 6.00 p.m.: DS2023-034, Andy Karaiskakis, Senior Planner re: M inor ... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-034 Development Services Andy Karaiskakis, Committee Senior Planner Meeting Date: Subject: Motion # May 3, 2023 Minor Variance Application 2023-A-12 Roll #: Ryan Wood R.M.S. File #: 4346-010-012-14500 2355 Lakeshore Road East D13-61031 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-034 be received and adopted. 2. That Minor Variance Application 2023-A-12 by Ryan Wood 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 .7 metres (5.6 feet), on lands municipally known as 2355 Lakeshore Road East, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2023- 034. 3. The conditions are as follows: a) That notwithstanding Table B1 of Zoning By-law 97-95, the proposed single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the dwelling addition is located no closer than 1.7 metres (5.6 feet) from the interior side lot line; and, d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority (LSRCA) Permit, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 3, 2023 Report No. DS2023-034 Page 1 of 14 Page 44 of 322 6.a) 6.00 p.m.: DS2023-034, Andy Karaiskakis, Senior Planner re: M inor ... Background: The subject lands are located at 2355 Lakeshore Road East and currently support a one-storey single detached dwelling. The lands have a road frontage of approximately 15.0 metres (49.2 feet), a shoreline frontage of approximately 15.5 metres (50.8 feet) and a lot area of 0.126 hectares (0.31 acres). A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2). The purpose of Minor Variance Application 2023-A-12 is to permit the construction of an addition (attached garage) to the front of the existing single detached dwelling with a reduced easterly interior side yard setback. Specifically, the applicant has requested relief from the following section of Zoning By-law 97-95, as amended: Section 4.0/Table B1 —Minimum Required Interior Side Yard Setback for Single Detached Dwelling Required. Proposed: 3.0 metres 9.8 feet 1 .7 metres 5.6 feet The applicants' site plan is included as Schedule 3 to this report. Analysis: Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development is not anticipated to impact any natural features or functions. 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 single detached dwelling addition is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain Development Services May 3, 2023 Report No. DS2023-034 Page 2 of 14 Page 45 of 322 6.a) 6.00 p.m.: DS2023-034, Andy Karaiskakis, Senior Planner re: M inor ... conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are already within an established shoreline residential area. 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. In accordance with Section 6.45-DP(c), "expansion to existing buildings...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 of the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed addition is located at the roadside and will not encroach any closer to the lake than the existing dwelling. The subject property is located within the LSRCA's regulated area. The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated the subject application and at the time of writing this report, no comments have been received. Committee shall have regard to any comments received. Condition d) to this report requires an LSRCA permit should it be required. On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1 .5 million homes over the next 10 years. Section 28 of the Conservation Authorities Act, which speaks to regulation of areas over which conservation authorities have jurisdiction, was amended with the following new policies: "Same, Planning Act (4.1) Subject to subsection (4.2), the prohibition in subsection (1) do not apply to an activity within a municipality prescribed by the regulation if, (a) the activity is part of development authorized under the Planning Act; and, (b) such conditions and restrictions as may be prescribed for obtaining the exception and on carrying out the activity are satisfied. Same (4.2) If a regulation prescribes activities, areas of municipalities or types of authorizations under the Planning Act for the purposes of this subsection, or prescribes any other conditions or restrictions relating to an exception under subsection (4.1), the exception applies only in respect of such activities, areas, and authorizations and subject to such conditions and restrictions." More clearly, any development that is authorized by the Planning Act is exempt from Conservation Authority approval. This particular Bill 23 change is not in effect yet and will come into force on a day to be named by proclamation of the Lieutenant Governor. Development Services May 3, 2023 Report No. DS2023-034 Page 3 of 14 Page 46 of 322 6.a) 6.00 p.m.: DS2023-034, Andy Karaiskakis, Senior Planner re: M inor ... Until such time, the subject lands are regulated by the LSRCA and the applicants will be required to obtain a LSRCA Permit prior to submitting their Building Permit application. The requirement for a LSRCA Permit has been included as a recommended condition of approval. County Official Plan The property is designated Rural in Simcoe County's Official Plan (refer to Schedule 4). The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed single detached dwelling addition 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 Shoreline in the Township's Official Plan (refer to Schedule 5). The intent of the Shoreline Designation is: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings. Development Services May 3, 2023 Report No. DS2023-034 Page 4 of 14 Page 47 of 322 6.a) 6.00 p.m.: DS2023-034, Andy Karaiskakis, Senior Planner re: M inor ... On this basis, the requested variance for an addition to the existing single detached dwelling conforms to the current Official Plan. Adopted (not yet in effect) Updated Official Plan The Township's adopted (not yet in effect) updated Official Plan (OP) designates the subject lands as Shoreline (refer to Schedule 6). The objectives of the Plan with respect to Shoreline areas are to: • Ensure that the existing character of this predominately residential area shall be maintained; • Ensure that new development on the undeveloped lands in the Shoreline designation is properly serviced with appropriate water and sewage services; • Ensure that all existing sewage systems are upgraded wherever possible; • the natural features of the shoreline area and the immediate shoreline shall be conserved and, where possible, enhanced, and, • Ensure that the impacts of new development on the natural heritage features and areas, vegetation and groundwater resources in the area are minimized. Permitted uses in the Shoreline designation include single detached dwellings. Planning Staff considered the proposed application within the context of the surrounding shoreline residential properties and the established character and built form of the shoreline area. Upon site visit, Planning Staff noted that the proposed addition to the existing dwelling will not stand-out, look out of place or detract from the character of this shoreline residential area. The Owners will be required to obtain a Building Permit for the proposed addition and at that time confirmation will be provided to the Township if the existing septic system is able to accommodate the proposed addition. Furthermore, as the proposed addition is located towards the roadside, no impacts are anticipated to the shoreline and the nature of the development will not affect any natural features or functions. On this basis, the requested variance for an addition to the existing single detached dwelling conforms to the adopted Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended (refer to Schedule 7). The applicant is proposing to construct an addition (attached garage) to the front of the existing dwelling and is seeking relief from the Zoning By-law to permit the construction of the addition with a reduced minimum required interior side yard setback, from 3.0 metres (9.8 feet) to 1 .7 metres (5.6 feet) from the easterly lot line. The Zoning By-law's requirement for a minimum interior side yard setback of 3.0 metres (9.8 feet) in the Shoreline Residential (SR) Zone is intended to provide spatial separation between properties, as well as provide space for access and maintenance around buildings and structures. The applicant is proposing an easterly interior side Development Services May 3, 2023 Report No. DS2023-034 Page 5 of 14 Page 48 of 322 6.a) 6.00 p.m.: DS2023-034, Andy Karaiskakis, Senior Planner re: M inor ... yard of 1.7 metres (5.6 feet) which, in Planning Staff's opinion, is adequate space for maintenance and access around the dwelling as it maintains spatial separation between the subject lands and the neighbouring property. For the reasons outlined above, the requested variance is considered to meet the general intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed dwelling addition would have a minimal impact on the adjacent landowners as there are detached accessory buildings located in the front yard on lands abutting the subject property to the east and west. Furthermore, the proposed addition will maintain the existing easterly interior side yard setback as the main dwelling. Prior to issuance of a Building Permit, the owner may be required to prepare an Engineered Lot Grading (ELG) Plan, subject to municipal approval. The ELG plan will ensure that water drainage resulting from the proposed addition will be mitigated on the subject lands and will not impact the neighbouring lots. The location of the proposed addition will not interfere with functional matters on the lot such as parking or the septic system area. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. For the reasons outlined above in this report, and also having concluded that the character, appearance and uses of surrounding properties will not be negatively impacted, it is Planning Staff's opinion that the requested variance is minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services May 3, 2023 Report No. DS2023-034 Page 6 of 14 Page 49 of 322 6.a) 6.00 p.m.: DS2023-034, Andy Karaiskakis, Senior Planner re: M inor ... Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Hiawatha First Nation — no questions or concerns. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: County Official Plan Land Use Schedule 5: Current Township Official Plan Land Use Schedule 6: Adopted Township Official Plan Land Use Schedule 7: Existing Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-12 be approved, specifically to permit the construction of an addition (attached garage) to the existing single detached dwelling with a reduced easterly interior side yard setback of 1.7 metres (5.6 feet), on lands municipally known as 2355 Lakeshore Road East, on the basis that the application meets the four tests of the Planning Act, conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, RPP, Acting Director, Development Services April 27, 2023 Development Services May 3, 2023 Report No. DS2023-034 Page 7 of 14 Page 50 of 322 6.a) 6.00 p.m.- DS2023-034, Andy Karaiskakis, Senior Planner re. M inor ... Schedule 1: Location Map —V.,W-Rd.— 715 -n°aRsW-Rd, 717 725 H°rsesh°eNal IeY-Rd.� -- tA 737 OldRarrie-Rd. r - - - 724 741 1Ridg-1�°ad' 752 2384 2382 2378 2374 2370 2387 2366 2360 (G. 2379 ate 2377 2356 �eyr 2352 2348 2346 2344 2296 2342 2334 2330 2326 S-, 2345 Lake N 2322 �q ,Simcoe 2325 2321 317 2319 2 Location �# +�1% ® Subject Lands Township of Proud Heritage,Exciting Future i' 0 100 m File Number:2023-B-04 ! I I Development Services May 3, 2023 Report No. DS2023-034 Page 8 of 14 Page 51 of 322 6.a) 6.00 p.m.: DS2023-034, Andy Karaiskakis, Senior Planner re: M inor ... Schedule 2: Aerial Photo .Iaoonseono Rd .a '� ,... 2374 !" } 2370IN- ,�•a;' Ha,seshoe vanev Rd .tf" Tom. 2366 # ¢ 23791 "gyp .j4 �. a� '� ✓" � 2397 2356 i 2371 = 2352 rO�e 2369 Val 2367 2348 2346 2363 2361 2344 2359 2357 2355 2342.�y 2353 �' 2351 2349 2345: �a 2339 233' 2333 2327 2325 Aerial Subject Lands 7uumship o Proud Heritage,Exciting Future 4 100 rn File Number_2023-A-12 Development Services May 3, 2023 Report No. DS2023-034 Page 9 of 14 Page 52 of 322 6.a) 6.00 p.m.- DS2023-034, Andy Karaiskakis, Senior Planner re- M inor ... Schedule 3: Applicants' Site Plan REGISTERED PLAN 124Z LAOSHOWROAD EAST il�wmnirun c^k YSE9%!f�„xo n.aafB 17 d° g° 4aa uaaceww� bq la �iosam � e ° a r v g 1' TYDVHVD ° OBSNOW ' �FIE p ar Y�i s•+s F. LOT 17 LOT 15 d J`I I I I I �I F° .• OL I I I 1 I d' Ai Pr - r 1' 0 y T Oy d � m p 3 G e N Li p M { f k . {,,.� ` dr Ft - LAKE SIMCOE Development Services May 3, 2023 Report No. DS2023-034 Page 10 of 14 Page 53 of 322 6.a) 6.00 p.m.- DS2023-034, Andy Karaiskakis, Senior Planner re- M inor ... Schedule 4: County Official Plan Land Use —V."Rd Moon Lo�.Rd. Horaechoe YalleyRd� alas."N.Rd— ShorelEne Dr. Rtd9erRO N T 1� J k i t� County of Simcoe — Land Use =3 Subject Lands Greenlands _ Rural r�wttshrp a� Proud Heritage,Exciting Future 0 File Number.2023-A-12 ti � , , � 300 MI Development Services May 3, 2023 Report No. DS2023-034 Page 11 of 14 Page 54 of 322 6.a) 6.00 p.m.- DS2023-034, Andy Karaiskakis, Senior Planner re- M inor ... Schedule 5: Current Township Official Plan Land Use —Vasey0.d— HorseshceValley-Rd OId.Harrie Rd:� C ' ""'Ridgus eA°�a_._. Shoreline Dr. M P Gl OLe 1 _ V Township Official Plan Land Use QEnvironmental Protection Two CJ Subject Lands 0 Rural 0 Shoreline �+ 7otunship Proud Heritage,Exciting Future 0 300 M File Numher:2023-A-12 I I I I Development Services May 3, 2023 Report No. DS2023-034 Page 12 of 14 Page 55 of 322 6.a) 6.00 p.m.- DS2023-034, Andy Karaiskakis, Senior Planner re. M inor ... Schedule 6: Adopted Township Official Plan Land Use —VaseyRd.— .Mo°nst°ncRd. Laketro / °pd Ct. s� Norseshoe-Val ley-Rd. oid-�ae�Ra. Shoreline Dr. e- / v C J e s °`e Lake r Simcoe Township Adopted Official Plan (2022) - Land Use !'&Subject Lands Greenlands Rural Tatunship a_f _ Shoreline Proud Heritage,Exciting Future o 300 m File Number:2023-A-12 N Development Services May 3, 2023 Report No. DS2023-034 Page 13 of 14 Page 56 of 322 6.a) 6.00 p.m.- DS2023-034, Andy Karaiskakis, Senior Planner re- M inor ... Schedule 7: Existing Zoning —V—y-Rd. LakeK, RURl*20 -M—swne Rd - Upa � C m 4. it RorseshceHalley-Rd R RS*2 OEd.ea a Rd-r SR VJ Shoreline Dr. m J x H K AfRU SR SR S end Va�eyrot C'�e� Lake Simeve SR SR Existing Zoning _1 Subject Lands �� RUR1(Rural Residential One) 0 SR(Shoreline Residential) Township of F— I RLS(Residential Limited Service) 0 Proud Heritage,Exciting Future A/RU(Agricultural/Rural) File Number:2023-A-12 0 140 Meters t i I Development Services May 3, 2023 Report No. DS2023-034 Page 14 of 14 Page 57 of 322 Minor Variance Application 2023-A-12 (Wood) v Location: 2355 Lakeshore Road �� � 1_ B 4a East �.���.� sn e�or Zoning: Shoreline Residential (SR) dl N 0 \T3T N W Official Plan: Shoreline \45 2382L3� 23T423] TTS\ D 3T° Current Use: Residential 2388236 2352 W zaazz 2286 2- i 2 2— YI 32fi2330 232 \ Lake � z3zs Simcoe CD v (Q N (D �. Cn O co �2; O co Praiir(Hrri�nRr,Ezrifing Ferli,rr CD 0 Minor Variance Application 2023-A-12 (Wood) v Purpose: The applicant is proposing to construct an addition (attached garage) to the existing single detached dwelling. The applicant is seeking relief to the P following section of Zoning By-law 97-95, as amended: o Table 131 — Minimum Required Interior Side Yard Setback for Single Detached Dwelling o N W Required: Proposed: o 3.0 metres (9.8 feet) 1 .7 metres (5.6 feet) D v v C v v CD CD 'U, o 0 W N C�/�Q� � =3 Praiir(HrrinRr,Ezrifing Ferliirr 0 0 Minor Variance Application 2023-A-12 (Wood) v Aerial Photo: 2352 o<eaii 237, o 2369 O �.aµ2369 r` 2348 2365 3 2346 9A 2363 q 236CD 2344 ja ` 2359 0 23574 N 2355 �� W a 0 342'.�,;: 1 2351 2349 D Q 2345' �T 2341 2339 2337 2333 (n CD z32 (p cc CD CY) 2325 0 C CO N V1Y/G'� =3 N ""d Heritage,Exciting Fufurr CD 0 Minor Variance Application 2023-A-12 (Wood) v fake�°unrxa Existing Zoning: Ma....A, °° Shovern Dr l^ _ N --- _ ON W R 10 � W Q r\ � v tea. Cn Subject Lands a {a\ Lake v RUR1 (Rural Residential One) Simcoe cn c� SR(Shoreline Residential) m RLS (Residential Limited Service) p' o F- A/RU (Agricultural/Rural) Nw (9t, � ��,.��� v � =3 Praiir(Hrri�nRr,Ezrifing Ferliirr 0 0 Minor Variance Application 2023-A-12 (Wood) v Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: LLJCD —� r M N II II � W Ali i y K � a . Lake v SimcoeCD T (D ccDD O Environmental Protection Two Greenlands Greenlands D. N 0 Rural 0 Rural Rural n Shoreline 0 Shoreline �� Q � N V1Y/G'� =3 N Pr—d Heritage,Exciting Fufurr (D 0 Minor Variance Application 2023-A-1 2 (Wood) Applicant's Site Plan: j0 0 CD 0 ya 0 JI, 5. =3 ✓ CD CD cc 0 w 0 Pr—d Heritage,Exciting Ft,,e CD 0 Minor Variance Application 2023-A-12 (Wood) v Applicant's Site Plan g o Detail: rlvtia� - . . CD � � 0 DILLSIX3 D PI @b All, O T LOT 15 7?B CO rn g o p r A a O � ; AIR w Pr—d Heritage,Exciting Fufurr CD 0 Minor Variance Application 2023-A-12 (Wood) J r I �'� o 0 j CD 4t W O CD v N (D Looking East along Looking West along Notice sign posted Lakeshore Rd. Lakeshore Rd. CO T—hip f =3 Pr—d Herilgr,Ea W,,g Pufurz (D 0 Minor Variance Application 2023-A-12 (Wood) CD W Q -Y �r - f to _ CO CD LCY) ocation of proposed addition View of subject lands CO N ,/ �hiP f � N lJITow =3 Pr—d Heril�gr,Ea W,,g Future CD 0 Minor Variance Application 2023-A-12 (Wood) 00 `T` 0 CD O n ._ O =3 (n cu m ... � u a, o' CO View along interior side lot line �{ � N ,/ �hiP f � N lJtTow =3 Pr—d Heril�gr,Ea W,,g Pufurz 0 0 Minor Variance Application 2023-A-12 (Wood) CD r — II } v v C' CD v � (D � m CO Location of proposed addition N V1Y/G'� =3 N Pr—d Heritage,Exciting Fufurr 0 0 Minor Variance Application 2023-A-12 (Wood) v Recommendation: Approve It is recommended: 1. That Report No. DS2023-034 be received and adopted. 0 2. That Minor Variance Application 2023-A-12 by Ryan Wood specifically to permit the construction of an addition(attached garage) f) to the existing single detached dwelling with a reduced interior side yard setback of 1.7 metres(5.6 feet),on lands municipally 0 known as 2355 Lakeshore Road East,Township of Oro-Medonte,be approved subject to the conditions as outlined in Report W DS2023-034. o W 3. The conditions are as follows: D a) That notwithstanding Table B1 of Zoning By-law 97-95,the proposed single detached dwelling addition shall otherwise =3 comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify by pinning the foundation wall and verifying in writing by way of survey/real property report,prior to the pouring of the 7- footing and if no footing,the foundation,that the dwelling addition is located no closer than 1.7 metres(5.6 feet)from the interior side lot line;and, (' d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority(LSRCA)Permit, Engineered Lot co Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and (D m binding,as provided for within the Planning Act R.S.O. 1990,c.P. 13. 0') O co 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. w N CY/�Q/ �'LCUf2�'' =3 (D (D 0 6.b) 6.10 p.m.: DS2023-030, Catherine McCarroll, Intermediate Planner re... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-030 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # May 3, 2023 Minor Variance Application 2023-A-13 Roll #: Bonnie and Randy Sheldrake R.M.S. File #: 4346-010-001-07300 2309 Penetanguishene Road D13-61049 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-030 be received and adopted. 2. That Minor Variance Application 2023-A-13 by Bonnie and Randy Sheldrake specifically for permission to build an addition to the existing detached accessory building (garage) with an increase in height of 6.7 metres (22.0 feet) and an increase in floor area of 891.8 square metres (9,600.0 square feet), on lands municipally known as 2309 Penetanguishene Road, Township of Oro-Medonte, be deferred to provide the applicants with the opportunity to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans. 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: Property Information The subject property has a lot area of 9.7 hectares (23.97 acres), according to MPAC records, and contains a single detached dwelling, a garden suite, a 557.4 square metres (6,000.0 square feet) detached accessory building, a couple of coverall buildings and a number of smaller detached accessory buildings. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. Previous Planning Applications This property has been subject to a number of Planning Applications over the years. A chronology of the Planning Applications is listed below: Development Services May 3, 2023 Report No. DS2023-030 Page 1 of 15 Page 70 of 322 6.b) 6.10 p.m.: DS2023-030, Catherine McCarroll, Intermediate Planner re... • Minor Variance application 2008-A-04 was approved on February 21 , 2008 to permit a detached accessory building with a maximum height of 7.3 metres (24.0 feet) and a maximum floor area of 297.0 square metres (3,197.0 square feet) • Minor Variance application 2012-A-07 was approved on March 15, 2012, to permit a detached accessory building with a maximum floor area of 483.0 square metres (5,200.0 square feet). • Zoning By-law Amendment Application 2016-ZBA-04 was passed on June 1, 2016 (By-law 2016-091) to permit a garden suite as a temporary use on the subject lands. • Consent Application 2020-B-13 was approved on June 3, 2020, to permit a boundary adjustment which severed a lot area of approximately 4.85 hectares (12.0 acres) and a lot frontage of approximately 41.04 metres (134.6 feet) from 2283 Penetanguishene Road and merged it with 2309 Penetanguishene Road. • Zoning By-law Amendment Application 2020-ZBA-14 was passed on September 9, 2020, (By-law 2020-087) to rezone the subject lands from the Agricultural/Rural (A/RU) Zone and Rural Residential Two (RUR2) Zone to the Agricultural/Rural Exception 317 (A/RU*317) Zone to permit a landscaping business. Minor Variance Application 2023-A-13 The applicants are proposing to build an addition to the existing detached accessory building. The applicants are seeking relief to the following sections of Zoning By-law 97- 95: Section 5.1.4 — Maximum Height Required. Proposed: 4.5 metres 14.7 feet 6.7 metres 22.0 feet Section 5.1.6 — Maximum Floor Area Required: Proposed: 100.0 square metres (1,076.4 square 1st floor: feet) 817.5 square metres (8,800.0 square feet) 2nd floor: 74.3 square metres (800.0 square feet) Tota I: 891.8 square metres 9,600.0 square feet The applicants' site plan and elevation drawing are included as Schedules 3 and 4 to this report. Development Services May 3, 2023 Report No. DS2023-030 Page 2 of 15 Page 71 of 322 6.b) 6.10 p.m.: DS2023-030, Catherine McCarroll, Intermediate Planner re... Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .4 — Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. Planning Staff are satisfied that the proposed expansion to the existing accessory building, which is being used for their landscaping business and personal storage, is compatible with the rural landscape. In accordance with Schedule B — Natural Features of the Township's Official Plan, the subject lands are located within a significant woodland. Section 2.1.5(b) of the PPS states that development and site alteration shall not be permitted in significant woodlands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Planning Staff is of the opinion that an Environmental Impact Study or Natural Heritage Evaluation is required to demonstrate that there will be no negative impacts on the significant woodland. Therefore, Planning Staff is not in a position at this time to conclude whether the application is consistent with the Natural Heritage policies of the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 — Rural Areas is applicable to this application. Specifically, Section 2.2.9.3 c) states that development outside of settlement areas may be permitted on rural lands for: other rural land uses that are not appropriate in settlement areas provided they: I. are compatible with the rural landscape and surrounding local land uses; II. will be sustained by rural service levels; and, III. will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations (p. 27-28). Planning Staff are satisfied that the expansion to the existing accessory building, which is being use for personal storage and for their landscaping business, is compatible with the surrounding land uses and can be sustained by rural services. Section 4.2.3 — Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features also applies to this application as the proposed development is located within a significant woodland. Specifically Section 4.2.3.1 states: "Outside of settlement areas, development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for: ... e) expansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into Development Services May 3, 2023 Report No. DS2023-030 Page 3 of 15 Page 72 of 322 6.b) 6.10 p.m.: DS2023-030, Catherine McCarroll, Intermediate Planner re... conformity with this Plan, subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure;" (p. 42-43). Section 4.2.3.1 (e) recognizes that there are instances where existing structures and uses should be permitted to expand provided specific requirements are met. The specific requirements that this policy identifies are that no other alternatives are available, the expansion is to be limited in scope and within close proximity to existing buildings. In this instance, Staff have not received any supporting studies that identifies that the detached accessory building addition is in the most suitable location given the location of the woodland and that there are no alternative locations available. On the basis of the preceding, Planning Staff cannot conclude that the proposed development conforms to Section 4.2.3.1(e) of the Growth Plan as it applies to this application. County Official Plan The property is designated Rural and Greenlands in Simcoe County's Official Plan, see Schedule 5 to this report. The existing garage and proposed garage addition will be fully located within the Greenlands Designation. The Greenlands Designation seeks to protect and restore the natural character, form, function and connectivity of the natural heritage system. The County's natural heritage system includes significant woodlands, among others. Section 3.8.14 states that local Official Plans may contain policies and mapping that detail the criteria for determining significant woodlands in accordance with the definition of significant woodlands as defined by the County's Official Plan. Significant woodlands can also be determined through an Environmental Impact Study (EIS). According to Schedule B — Natural Features of the Township's Official Plan, all lands within the Oro Moraine Core/Corridor Area are considered to be significant woodlands. Based on the fact that Planning Staff have not received an Environmental Impact Study or Natural Heritage Evaluation from the applicants that identifies that the detached accessory building addition is in the best site for development of the property given the presence of the significant woodland feature, and that Staff have yet to receive comments from the County, Planning Staff are not in a position to conclude that the proposed development conforms to the County's Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is Development Services May 3, 2023 Report No. DS2023-030 Page 4 of 15 Page 73 of 322 6.b) 6.10 p.m.: DS2023-030, Catherine McCarroll, Intermediate Planner re... desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Greenlands and Rural in "Schedule A — Land Use" of the Township's Adopted Official Plan (2022), refer to Schedule 7 of this report. The existing accessory building and proposed addition are located in the Greenlands Designation. The Greenlands Designation permits single detached dwellings and by extension accessory uses on existing lots, as well as existing lawful uses, restricted to the provisions of the applicable existing zoning as of the date of the approval of the plan. The subject lands are designated Oro Moraine Core/Corridor Area and Rural in "Schedule A — Land Use" of the Township's existing Official Plan (1997), see Schedule 6 of this report. The existing accessory building and proposed addition are located in the Oro Moraine Core/Corridor Area Designation. The objectives of the Oro Moraine Core/Corridor Area Designation are: • restrict development in the most sensitive area of the Oro Moraine; • encourage the retention and enhancement of the natural heritage features and functions in the natural core area; • maintain and where possible, improve and restore linkages between significant natural heritage features to facilitate the movement of plants and animals; and, • restrict development in the Oro Moraine — Natural Corridor Area that would have a negative impact on significant natural features and their ecological functions on lands within the Oro Moraine — Natural Core Area designation. Permitted uses in the Oro Moraine Core/Corridor Area designation include single detached dwellings and accessory uses on existing lots. In Accordance with Schedule B — Natural Features, all lands within the Oro Moraine Core Corridor Areas are considered to be significant woodlands. Section B1 .10.1 .4 (f) states: "development of any use that requires a Planning Act approval may be subject to the preparation of an Environmental Impact Study (EIS) and a Management Plan (MP) before such an application is approved" (p.43). Since the proposed development is extending into the natural heritage feature, it is Planning Staff's opinion that the applicant is required to obtain an Environmental Impact Study (EIS) or Natural Heritage Evaluation (NHE) to demonstrate that the proposed addition will not have an adverse Development Services May 3, 2023 Report No. DS2023-030 Page 5 of 15 Page 74 of 322 6.b) 6.10 p.m.: DS2023-030, Catherine McCarroll, Intermediate Planner re... impact on the natural heritage feature and to demonstrate conformance with all natural heritage policies of the Provincial Policy Statement, Growth Plan, and County and Township Official Plans. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural Exception 317 (A/RU*317) in the Township's Zoning By-law 97-95. Exception 317 permits a landscaping business. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1. The applicants have requested relief from the Zoning By-law to permit the construction of an addition to the existing detached accessory building with an increased maximum floor area and an increased maximum height. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. Section 5.1 .4 of the Zoning By-law allows a maximum height of 4.5 metres (14.7 feet) for detached accessory buildings, which is measured from average grade to mid-roof. The applicants have requested a variance to permit the addition with a height of 6.7 metres (22.0 feet). The applicants had previously obtained a variance for the original garage which permitted a maximum height of 7.3 metres (24.0 feet) (Minor Variance 2008-A-04). A detached accessory building in the Agricultural/Rural (A/RU) zone is permitted to have a maximum floor area of 100.0 square metres (1 ,076.4 square feet). The existing two storey detached accessory building has a floor area of 557.4 square metres (6,000.0 square feet). The applicants are proposing to build a 334.4 square metres (3,600.0 square feet) one storey addition to the existing garage for a total floor area of 891 .8 square metres (9,600 square feet). The garage is being used for personal use as a garage and for their landscaping business. Based on previous comments with regards to conformity with the PPS, Growth Plan, County and Township Official Plan, Planning Staff are not in a position at this time to comment on whether the variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the applicants had already started clearing trees to accommodate the accessory building addition. Based on the aerial imagery it appears that additional trees will have to be removed to accommodate the addition. As mentioned in the sections above, additional information is required to be submitted by the applicant to address the impact of the proposed development on the significant woodland. Given the comments mentioned in the preceding sections of this report with regards to conformity to the PPS, Growth Plan, County and Township Official Plans, Planning Staff are not in a position at this time to comment on whether the requested variances would be considered appropriate and desirable development of the lot. Development Services May 3, 2023 Report No. DS2023-030 Page 6 of 15 Page 75 of 322 6.b) 6.10 p.m.: DS2023-030, Catherine McCarroll, Intermediate Planner re... Are the variances minor? As mentioned above, an Environmental Impact Study or Natural Heritage Evaluation is required to assess the impact of the proposed development on the significant woodland; therefore, Planning Staff are not currently in a position to address whether the application is minor in nature. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan (1997) • Township of Oro-Medonte Adopted Official Plan (2022) • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects — No comments. • Hiawatha First Nation — No questions or concerns. Development Services May 3, 2023 Report No. DS2023-030 Page 7 of 15 Page 76 of 322 6.b) 6.10 p.m.: DS2023-030, Catherine McCarroll, Intermediate Planner re... Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Elevation Drawings Schedule 5: County Official Plan — Land Use Schedule 6: Township Official Plan — Land Use Schedule 7: Township Adopted Official Plan 2022 — Land Use Conclusion: Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2023-A-13 be deferred to provide the applicants the opportunity to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andy Karaiskakis, RPP April 26, 2023 Senior Planner Derek Witlib, RPP April 27, 2023 Acting Director, Development Services Development Services May 3, 2023 Report No. DS2023-030 Page 8 of 15 Page 77 of 322 6.b) 6.10 p.m.- DS2023-030, Catherine McCarroll, Intermediate Planner re... Schedule 1: Location Map �VascY"Rd.— -MeaM1HOM1e�R� Hetsesh!!!!!!oe///// %VV.alley Rd Old 11-6e Rd. 2457 d� 2389 2331 77 2309 2283 2177 ::2207 — -- — 30131_SCd.-W. 2689 Location177771 �4 Subject Lands Tutunshi. of Proud Heritage,Exciting Future 0 loom File Number.2023-A-13 Development Services May 3, 2023 Report No. DS2023-030 Page 9 of 15 Page 78 of 322 6.b) 6.10 p.m.: DS2023-030, Catherine McCarroll, Intermediate Planner re... Schedule 2: Aerial Photo —Vasey-Rd— -Moonstone�Rd ]'•� - 2389 H.—h—Y I,-Rd� DUB--, Rd1 3 � m m N r Ridge a4 f'fc4ro . ,. ;�'�`" y 2309� S 7 - ® _ 22B3 -- _ - d i 2207 Aerial [] Subject Lands Proud Heritage,Exciting Future 0 100 m File Number.2023-A-13 4/ I I I I Development Services May 3, 2023 Report No. DS2023-030 Page 10 of 15 Page 79 of 322 6.b) 6.10 p.m.: DS2023-030, Catherine McCarroll, Intermediate Planner re... Schedule 3: Applicants' Site Plan r' 4 �ofES-T DQ� 1 -rt— �141 01 !� f Site Plan _J4440'' Tounzs7f�p�?j CS�����'o�t� Proud Heritajy,F.xcitirf,Q Faure File Number:2023-A-13 Development Services May 3, 2023 Report No. DS2023-030 Page 11 of 15 Page 80 of 322 6.b) 6.10 p.m.- DS2023-030, Catherine McCarroll, Intermediate Planner re... Schedule 4: Elevation Drawings Elevation Drawings Proud Heritage,Fxcitiriq Future File Plumber!2023-A-13 Development Services May 3, 2023 Report No. DS2023-030 Page 12 of 15 Page 81 of 322 6.b) 6.10 p.m.- DS2023-030, Catherine McCarroll, Intermediate Planner re... Schedule 5: County Official Plan — Land Use —va:evRd.— -MnonstoneRd�Z Horseshoe ValleyRd� Old.e�rri Rd--r/' oa 1Ridge�R �v d 1= N V7 .7 C d Q1 a D.Whmll.Rd. 30l31 Srd._W, County of Simcoe — Land Use =1 Subject Lands Agricultural s Greenlands Tutunshipo Rural (j�,(�f� Proud Heritage,Exciting Future 0 300 M File Number:2023-A-13 �✓ I I I I Development Services May 3, 2023 Report No. DS2023-030 Page 13 of 15 Page 82 of 322 6.b) 6.10 p.m.- DS2023-030, Catherine McCarroll, Intermediate Planner re... Schedule 6: Township Official Plan — Land Use ——y-Rd.— -MoonsM a Rdavt � H.,—hh—Valley-Rd. ald.e_ieRtl� v Q1 L N C {6 d 4) d D.winnell_Rd. � 30131 Srd.W. Township Official Plan - Land Use ri J Subject Lands tno Oro Moraine Boundary Rural -Oro Moraine Core/Corridor Area Township of N' Proud Heritage,Exciting Future a 300 m File Number:2023-A-13 I Development Services May 3, 2023 Report No. DS2023-030 Page 14 of 15 Page 83 of 322 6.b) 6.10 p.m.- DS2023-030, Catherine McCarroll, Intermediate Planner re... Schedule 7: Township Adopted Official Plan 2022 — Land Use —V...y,Rd.— — .MO°n---Rd. ly H-1hoe-VRl ley-Rd. 011-6LIIie Rtl. 73 tY � N S= N t N_ Ol C N tl 93 M — I I Dwinnell-Rd. — J Township Adopted Official Plan (2022) - Land Use CJ subject Lands pro Moraine Boundary Agricultural Township o.f Greenlands Proud Heritage,Exciting Future Rural o soo m File Number:2023-A-13 M I I I I Development Services May 3, 2023 Report No. DS2023-030 Page 15 of 15 Page 84 of 322 Minor Variance Application 2023-A-13 (Sheldrake) Location: 2309 Penetanguishenem. o Road .�. . o Zoning: 9 A ricultural/Rural coas 0 Exception 317 (A/RU*317) W 0 2331 O Official Plan: Oro Moraine v Core/Corridor Area & Rural C Current Use: Residential and a 0 landscaping business °' 0 v ra,_sm._w (D � � 263a .- 00 (D cn 9 (D Pr—d Heritage,Exciting Fufurr (p 5D Minor Variance Application 2023-A-13 (Sheldrake) Purpose: The applicants are proposing to build an addition to the existing o detached accessory building. The applicants are seeking relief to the following sections of Zoning By-law 97-95, as amended: o Section 5.1.4— Maximum Height o N Required: Proposed: w 4.5 metres (14.7 feet) 6.7 metres (22.0 feet) 0 n Section 5.1.6— Maximum Floor Area m Required: Proposed: 100.0 square metres (1,076.4 square 1 st floor: m feet) 817.5 square metres (8,800.0 square feet) 0 2nd floor: v 74.3 square metres (800.0 square feet) o v Total: —_ 891.8 square metres (9,600.0 square feet) =3 00 N rn o 3 CO CD N N Praiir(HrrinRr,Ezrifing Ferliirr (D 0) CD 5D Minor Variance Application 2023-A-13 (Sheldrake) Cr Aerial Photo: y y 0 CD 4, 0 f 0 C 2233 W 0 n n (D (D Oil z n n zrzoa 0 ((DD ® = 11 4CD + �3 CO (D N �: �%2/XCCCJ/2tPi N Pr—d Heritage,Exciting Fulurr (D CD 5D Minor Variance Application 2023-A-13 (Sheldrake) Cr Existing Zoning: e - o o L CD N O IIIIII-- yII W O g (D (D a e, 0 w ` Subject Lands O m .Rd.— _ 301375rtl,yJ. w Owinnell= RUR2 (Rural Residential Two) — m w o F � A/RU (Agricultural/Rural) �9{ CD N _ CL T-hi" v Pr—d Heritage,Exciting Fufurr (D CD 5D Minor Variance Application 2023-A-13 (Sheldrake) Township Official Plan Township Adopted County Official Plan o Land Use: Official Plan Land Use: Land Use: P ...., N O II ' O �P v (D �I = I I I (D III 1 J 0 Oro Moraine Boundary V (D dlOro Moraine Boundary Greenlands D Agricultural 0 Rural - Rural Greenlands o Oro Moraine Core/Corridor Area Rural ; 3 ����s (D co N Vi�oG'^ef l��CCGUY2i N Pr-d Heritage,Exciting Fufurr (D 5D Minor Variance Application 2023-A-13 (Sheldrake) Applicant's Site Plan: 535 3 z 0 CD N 3m�, O Ert�mV� W O O a � dowl CD a 0 � o 0 CD v CD O 0 3 CO � CD N Praiir(Hrii�nRe,Ezrifing Ferliirr (p CD 5D Minor Variance Application 2023-A-13 (Sheldrake) Cr Applicant's Drawings: o 3 0 CD N — O W O W _ — -- O fJ CD (D 17rn 0 Cm v O v m (D {� 3 O CD CO N (9'iYk=='c N Pr—d Heril�gr,Ea W,,g Pufurz (D CD 5D Minor Variance Application 2023-A-13 (Sheldrake) Cr O CD N O O O N CD r �e n Looking North along Looking South along N Penetanguishene Road Penetanguishene RoadCD p CO /��°`�'�`�'? —9�' �,/ �� N tgAoG. �vr�l.G(!I Pr-d Heritage,Exciting Fufurr (p CD 5D Minor Variance Application 2023-A-13 (Sheldrake) O L VW DIY JI t G CD l ' jl r+ w (4 m r (D v n o CD CO Notice sign posted 3 �,. CD CO T—hip N � Pr-d Heritage,Exciting Fufurr (p CD 5D Minor Variance Application 2023-A-13 (Sheldrake) v • e (n CD CD i •mow a " p � � Existing garden suite Existing single detached dwelling 3 CD CO �� CL N ,/ Tow�hiP N lJi�"�2tPi Pr—d Heril�gr,Ea W,,g Future (p CD 5D Minor Variance Application 2023-A-13 (Sheldrake) , 1CD i r a' Y l� 0 ,. O J i W m =3. m n C� v Existing detached accessory CD building O COCD 4� , Pr—d Heritage,Exciting Fufurr (p CD 5D Minor Variance Application 2023-A-13 (Sheldrake) xN, f p x N i W m m C� v 0 v Existing accessory structures o 3 CO �.� CD N Praiir(Hrri�nRr,Ezrifing Ferliirr (p CD 5D INN • MRV - ' • • • 1 ' - • . my -MIll inn [' �; � � a� � ��� �,��s�� a I �V i'i�� a� �1�� �� oRc��'��'aria�, �' • FAR IN FAR Aw • i 1 • � • • 1 1 Minor Variance Application 2023-A-13 (Sheldrake) Cr CD LVW m C Location of proposed addition 00 o 3 w �.� CD N Pra d HrHll g,,E-iimg-Ferliirr (p CD 5D Minor Variance Application 2023-A-13 (Sheldrake) Cr Recommendation: Defer o It is recommended: 3 1. That Report No. DS2023-030 be received and adopted. 0 N 2. That Minor Variance Application 2023-A-13 by Bonnie and Randy Sheldrake specifically for permission to build an addition to thER existing detached accessory building (garage)with an increase in height of 6.7 metres (22.0 feet)and an increase in floor area of;� 891.8 square metres (9,600.0 square feet), on lands municipally known as 2309 Penetanguishene Road, Township of Oro- oW Medonte, be deferred to provide the applicants with the opportunity to address the natural heritage policies contained in the O Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans. n v CD 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's %. signature. m n n v 0 v m m o 3 co N �. Q N C�/�Q� AE��!,(!/GGV 0) Pra d HrHll g,,Ez iimg-Ferliirr (p CD 5D 6.c) 6.20 p.m.: DS2023-037, Danielle Waters, Planner re: Minor Variance ... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-037 Development Services Danielle Waters Committee Planner Meeting Date: Minor Variance Application Motion # May 3, 2023 2023-A-14 Craig Shelswell Roll #: Concession 11 West Part Lot 9 R.M.S. File #: 4346-010-004-17300 (Oro) D13- Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-037 be received and adopted. 2. That Minor Variance Application 2023-A-14 by Craig Shelswell specifically to permit a reduced frontage of 0.0 metres (0.0 feet) and to permit construction of a building(s) on a lot that does not front on an assumed public street for lands located at Concession 11 West Part Lot 9 (Oro), be approved, subject to the conditions as outlined in Report DS2023-037. 3. The conditions are as follows: a. That notwithstanding Table B4 (B) — Standards for Single Detached Dwellings (MAR2 Zone) and Section 5.10, the lot shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the appropriate Entrance Permit and 911 Number 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.; and, c. That the Deputy Clerk bring forward the appropriate By-law to remove the Holding Provision applying to the lands located at Concession 11 West Part Lot 9 (Oro) for Council's consideration 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 May 3, 2023 Report No. DS2023-037 Page 1 of 9 Page 100 of 322 6.c) 6.20 p.m.: DS2023-037, Danielle Waters, Planner re: Minor Variance ... Background: The subject property has a lot area of approximately 7.77 hectares (19.2 acres) and is a land locked parcel on Line 10 North, as shown on Schedules 1 and 2. The property is currently vacant. The applicant is proposing to recognize an existing lot with 0.0 metres frontage with a deeded right of way over the adjacent lands (1821 Line 10 North). The applicant is seeking relief to the following sections of Zoning By-law 97-95: Table B4 (B) — Standards for Single Detached Dwellings Mineral Aggregate Resource Zone Required: Proposed: Minimum lot frontage 45.0 metres (147.6 0 metres (0 feet) feet The existing easement is 3.0 metres (10.0 feet) over 1821 Line 10 North, however, the frontage for the Concession 11 West Part Lot 9 (Oro) remains 0.0 metres (0.0 feet). Upon review of the application, staff identified a further variance that is required from the Zoning By-law as the subject property is landlocked. Section 5.10 — Frontage on a Public Street Required: Proposed: No person shall erect any building or To construct a building on a lot that does not structure on a lot unless the lot abuts front on an assumed public street. or fronts on a street which is assumed by a public authority for maintenance purposes Planning Staff is of the opinion that the inclusion of this additional variance would not require additional circulation as adequate notice was provided through this minor variance application with respect to the proposed relief and does not change or affect the intent of the applicant's request as outlined through the Notice. Analysis: Provincial Policy Statement 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas is applicable to this application. 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. The reduced frontage minor variance does not represent "development" as defined. The existing Development Services May 3, 2023 Report No. DS2023-037 Page 2 of 9 Page 101 of 322 6.c) 6.20 p.m.: DS2023-037, Danielle Waters, Planner re: Minor Variance ... easement and proposed minor variance are to provide access and use to an existing lot of record that is a landlocked parcel. Given the above, Planning Staff is of the opinion that this application conforms to the PPS, 2020. Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. The reduced frontage minor variance does not represent "development" as defined. In Planning Staff's opinion, the applicant's minor variance application conforms with the Growth Plan (2020). County of Simcoe Official Plan The property is designated Greenlands in the County of Simcoe's Official Plan. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." (County of Simcoe, 2016). Permitted uses in the Greenlands designation include agricultural uses; agriculture-related uses; on-farm diversified uses; forestry uses; mineral aggregate operations; outdoor passive recreational uses; and residential dwelling units that demonstrate that the lands are not within a prime agricultural area. According to Section 3.8.16, legally existing uses within the Greenlands system will be recognized and can continue. In Planning Staff's opinion, the applicant's minor variance application conforms with the County's Official Plan. 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 application on the subject lands. The subject lands are designated Oro Moraine Enhancement Area in the Township's Current Official Plan and Greenlands in the Adopted Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and accessory uses to the residential use. Though there is an Area of Natural and Scientific Interest (ANSI) at the rear of the property, Planning Staff are of the opinion that an Environment Impact Study (EIS) is not required as there is no development proposed by this minor variance application. Development Services May 3, 2023 Report No. DS2023-037 Page 3 of 9 Page 102 of 322 6.c) 6.20 p.m.: DS2023-037, Danielle Waters, Planner re: Minor Variance ... Therefore, based on the above, the requested variances are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject lands are zoned Mineral/Aggregate Resources Two Holding (MAR2 (H)) in the Township Zoning By-law 97-95. The purpose of the Holding provision on the property is due to the landlocked nature of the lot (no road frontage). The owner has provided a deed and easement agreement from 1921 which has allowed access to the subject property through 1821 Line 10 North. The owner has also applied for a Zoning By-law Amendment application to remove the Holding Provision on the zoning of the lands to facilitate a dwelling to be constructed in the future on the subject property. It should be noted that a single detached dwelling is permitted on lands zoned MAR2 in accordance with the Township's Zoning By-law. Should the minor variance application be approved, along with the existing easement to gain access to the subject property, it is Staff's opinion that the Holding Provision on the subject property is no longer required and is recommended to be removed. A condition has been included in this minor variance application for a by-law to be brought forward to a future Council meeting in accordance with the provisions of the Planning Act. The purpose of requiring a minimum frontage is to provide a large enough area to support development on a property and frontage on a public road to allow access to a lot. As the proposed frontage is only for access, and will be utilized for a driveway, Planning Staff are satisfied that the reduced frontage is acceptable for its use. Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff do not expect the reduced frontage to stand-out, look out of place or detract from the character of the rural area. Providing frontage for a land locked parcel is appropriate development which will allow access to a lot of record that currently cannot be utilized or developed. Based on the above, Planning Staff are satisfied that the proposed development as it relates to the frontage variance would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as the property has an existing easement to provide access to a landlocked parcel and with reduced frontage is providing access to a property that otherwise could not be developed. Development Services May 3, 2023 Report No. DS2023-037 Page 4 of 9 Page 103 of 322 6.c) 6.20 p.m.: DS2023-037, Danielle Waters, Planner re: Minor Variance ... As the proposed variance for 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 are not anticipated to have an adverse effect on the character of the surrounding area, the variances relating to the frontage relief are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • 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 2014, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection • Township Infrastructure and Capital Projects — No comments • Township Building Department — no comments • Hiawatha First Nation — no comments or questions provided Development Services May 3, 2023 Report No. DS2023-037 Page 5 of 9 Page 104 of 322 6.c) 6.20 p.m.: DS2023-037, Danielle Waters, Planner re: Minor Variance ... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Applicants Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-14 by Craig Shelswell specifically to permit a reduced frontage of 0.0 metres (0.0 feet) and to permit construction of a building(s) on a lot that does not front on an assumed public street on lands located at Concession 11 West Part Lot 9 (Oro), be approved, subject to the conditions as outlined in Report DS2023-037. The variance application for the reduced frontage and not fronting onto a public road conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Andy Karaiskakis, Senior Planner April 27, 2023 Derek Witlib, Acting Director, Development Services April 27, 2023 Development Services May 3, 2023 Report No. DS2023-037 Page 6 of 9 Page 105 of 322 6.c) 6.20 p.m.: DS2023-037, Danielle Waters, Planner re- Minor Variance ... Schedule 1: Location Map —Wascy Rd,— -Moonstone Rd. 1993 nonesno�wauey Rd� Old 6amieRd�� 1 Rid 9e�R 934 1955 1897 1832 1821 1793 O 1772 /^ 1787 V 1759 1754 1721 1681 1680 1130 1268 1449 1352 1658 9 1650 1631 11 • 7 1642 4Jt� 5 i �06 2 3 v 1 1430 N pj Old Barrie Rd,E. 1115 1323 1359 1481 Location ® Subject Lands Township of Proud Heritage,Exciting Future 0 loom File Number.2023-A-14 and 2023-ZBA-08 Development Services May 3, 2023 Report No. DS2023-037 Page 7 of 9 Page 106 of 322 6.c) 6.20 p.m.: DS2023-037, Danielle Waters, Planner re- Minor Variance ... Schedule 2: Aerial Photo _va.eY.Rd— -Moonstone,,Rd— �1 al 1955 93_Ho esno�.vaiRer-rta. � r 1—01&g r`e Rd f`akfd r r, n m 1832 182 1793 1772 17B7 0 1759 N, C_ 1754 1721 1680 581 1268 1449 1352 1658 9 1650 1631 1 1642 Sa 7 �J 4 5 0 S�� 3 r m .o: 11 Old Barrie Rd.E. - 185g 1391 1401 1415 Aerial �oumshtF of Q Subject Lands Proud Heritage,Exciting Future 0 100 m File Number 2023-A-14 and 2023-ZBA-08 I I Development Services May 3, 2023 Report No. DS2023-037 Page 8 of 9 Page 107 of 322 6.c) 6.20 p.m.- DS2023-037, Danielle Waters, Planner re- Minor Variance ... Schedule 3: Applicant's Site Plan MA 2 Existing easement over 1821 LINE 10 NORTH r { RU 4 ,napn,rta-rrv,a man ro pe oceoe,TEo urcnea>arer¢ � EcisrvY Acr LO 8 A allo 0 o as FIAPI 5E R 2740 .m� Po.we 0&0' Llrvf PETwEFN a&9 _JP_u.E J9N L' /�� � Ivas,oN of 5 M OE�50' AL W. r CAi1T10N Lom C II w„x, irrmur r r,<Q \ Cl —N57=a'ao"E usesa seawm�a..—:.�.ala \ _— _ X, �_PoST aR➢ FENCE. ➢ouWdoRY%Y FCS3fSSY0N LINE NEfWEEN I ' TVE NOPTH ND iNE .,9111X HM1LVES➢f Lor 5 w PLAN AND FIELD NOTES OF SURVEY ` r OF PART OF O P RT I LOT 9 - m CONCESSION 11 u w r�dsrr=✓re r✓r=.fir TOWNSHIP OF ORO (.r) eke COUNTY OF SWCOE Scale I inch V 100 feet 6 P STONMOLS. 1974 u as�pE°s�iemw uvs�r.�lem3e I u N5i°3E'/.OT 519,17 L e£ N 5I�36'20"E/ IG&EYOFEGI 5'3}➢'meoe. 1 ivarF H �aEse xrurr c;aacx ,J �� SURV6TOfi'S CERTIFICATE Z Q _ BPNI—E—E ET LIMIT IT:O£IA IGf,NE AiVED U ALL——WrENYN,WHICE IS �mrrs ncr sn S-W,Comer -S,A^.E➢TOmN30'4}b'W,ASAN .M No rnr ns�:,�ar:o�, oxTx aEN nE« OF SJii'JEY BY 67,A R WE TOIN=CL'y (a rn¢e.,revev was cemrLaTce ory n:�ee rn � � � Lat9,Con.il caTco.wwnrrc�o,r�sT,arracnEnNlnsrz0sWa NxroroEErmeEnlera. �.,f/ aeoN re ae iwa�.oLs1 _ oreiLEln.orv=. - s,rts xu LINE BEFwEEN IaTs x nxo la re�E o L 0 T l0 F DEARDEN&STANTON LTD. ONTARIO LAND SURVEYORS m xE.uras rtuuxu Inc«ua xcar CONSULTING ENGINEERS B•641 ORILLIA-ONTARID Development Services May 3, 2023 Report No. DS2023-037 Page 9 of 9 Page 108 of 322 Minor Variance Application 2023-A-12 (Shelswell) Location: Concession 11 West Part Lot 9 Zoning: Mineral/Aggregate �aa° "1 o ,88 N Resources Two HoldingMAR2 H - W W Official Plan: Oro Moraine 1772 2 ! _ f Enhancement Area s v cu Current Use: Vacant 113D 12H 1352 y �' 12 v cD O __ m 1 3zs '+�'; oltl Bar13d.E r e, i N V/Y""d Heritage,Ex W,lg Fufurr 0. 0 Minor Variance Application 2023-A-12 (Shelswell) Purpose: The applicant is proposing to recognize an existing lot with 0.0 metres 90, frontage with a deeded right of way over the adjacent lands (1821 Line 10 N North). The applicant is seeking relief to the following section of Zoning By-law 97-95, as amended: 0 CD N Table 134 (B) — Standards for Single Detached Dwellings Mineral Aggregate Resource Zone 0 ERMein'imu'um red Proposed-0 let frontage 45.0 metres (147.6 0 metres (0 feet) o v m' Section 5.10 —Frontage on a Public Street m Required- Proposed: v No person shall erect any building or To construct a building on a lot that does not m structure on a lot unless the lot abuts front on an assumed public street- or fronts on a street which is CD assumed by a public authority for � maintenance purposes CDCO o 0 1—hip Nft0-/ .E;Cl,VIGGC/ f Prair(HnilnRr,Esrrlinq Ferhirr o n CD Minor Variance Application 2023-A-12 (Shelswell) Aerial Photo: 832 82, 93 N O 1772 1r789 V!/0/� 6,2 O �ns9 N W 1'54 O _ W 1721 1268 449 CD CS 658 9 1650 1631 CD 11 � S� Z `3C 3 W CD � m � Oltl Pr—d Heritage,Ex iri,,g Fufurr O. W w n CD Minor Variance Application 2023-A-12 (Shelswell) Existing Zoning: N i 1 0 N O N v 0 v M«z =3 qu r� Subject Lands CID r� F RUR1 (Rural Residential One) v C RUR2 (Rural Residential Two) N - IR(Rural Industrial) A/RU(Agricultural/Rural) m EP(Environmental Protection) m 1 OW Barrie RU.E. _ MAR2(Mineral Agregate Resource Two) .,a� . CID Al I * o I(Institutional) cp Co C��ivk-%c N Pr—d Heritage.Exciting Fufurr O. M. 11) 0 Minor Variance Application 2023-A-12 (Shelswell) Township Official Plan Township Adopted County Official Plan PQ Land Use: Official Plan Land Use: Land Use: ti- - cn o CID0 a o v - - -� -Rural Residential Col,Oro Moraine Boundary C3 Oro Moraine Boundary � Oro Moraine Core/Corridor Area Rural Agricultural Greenlands � WOro Moraine Enhancement Area Agricultural Greenlands Rural �—Rural 0 Rural Residential N (�i�oG^�2tPi =' NJAr—d Heritage,Ex W,,g Future 0. 0 Minor Variance Application 2023-A-12 (Shelswell) Applicant's Site Plan: 5I/f 2 74 0 CD _ x PLAN Kwone.° 5.1'. ON O < ftAN ANO FIELD NOIES OF SEYIEY R LOT 9 o v, EWE I _ CONCESSION 11 . CD a P 510NE OLS UJ ov 1. �^ ���'"^ y Existuig easement er m '� �' 1821 LINE lONORTH _ F- vn .L On.av urs a.o° c DEARDEN a WWON LTD. CD Pr—d Heritage,Exciting Fufurr O• n CD lit, Alt -. g r h r r r Minor Variance Application 2023-A-12 (Shelswell) CD v f 0 ii' N a 4 f +f (D s � a c 4 { a N n m Deeded access Landlocked parcel driveway W Tow�hip P-4 Heritage,Exciting Fufurr O n CD Minor Variance Application 2023-A-12 (Shelswell) Recommendation: Approve o It is recommended: _P 3 1. That Report No. DS2023-037 be received and adopted. 0 N O 2. That Minor Variance Application 2023-A-14 by Craig Shelswell specifically to permit a reduced frontage of 0.0 metres(0.0 feet) w and to permit construction of a building(s)on a lot that does not front on an assumed public street for lands located at O Concession 11 West Part Lot 9 (Oro), be approved, subject to the conditions as outlined in Report DS2023-037. 4 0 v 3. The conditions are as follows: =3 a) That notwithstanding Table B4 (B)—Standards for Single Detached Dwellings(MAR2 Zone)and Section 5.10,the lot shall T__ otherwise comply with all other applicable provisions of the Zoning By-law; m b) That the appropriate Entrance Permit and 911 Number 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.; and, v CD c) That the Deputy Clerk bring forward the appropriate By-law to remove the Holding Provision applying to the lands located at Concession 11 West Part Lot 9(Oro)for Council's consideration only after the Committee's decision becomes final and _ binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. cc CD � 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. m c ; m 0 0, of Prair(HnilnRr,Esrrlinq Ferhirr O M. W n CD 6.d) 6.30 p.m.: DS2023-038, Danielle Waters, Planner re: Minor Variance ... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-038 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # May 3, 2023 Minor Variance Application 2023-A-15 by Roll #: IKD Inc. R.M.S. File #: 4346-020-005-11500 257 Moonstone Road East D13 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2023-038 be received and adopted. 2. That Minor Variance Application 2023-A-15 by IKD Inc., specifically for the purposes to modify the definition of Custom Workshop to recognize an existing use of a woodworking shop, on lands municipally known as 257 Moonstone Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-038. 3. The conditions are as follows: a) That notwithstanding Section 6.0, the proposed custom workshop 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 appropriate Zoning Certificate and Building Permit be obtained from the Township only after: i. The Committee's Minor Variance decision becomes final and binding; and, ii. The applicant has obtained Site Plan Approval from the Township with respect to the proposed expansion of the existing workshop, 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 May 3, 2023 Report No. DS2023-038 Page 1 of 9 Page 118 of 322 6.d) 6.30 p.m.: DS2023-038, Danielle Waters, Planner re: Minor Variance ... Background: The subject property has an area of 0.232 hectares (0.57 acres) and supports a single detached dwelling and woodworking shop. A Location Map (Schedule 1), Aerial Photo (Schedule 2) and Existing Site Plan (Schedule 3) is included are the end of this report The applicant is proposing an addition to the existing shop and is looking to modify the definition of Custom Workshop to recognize an existing use of a woodworking shop on the subject lands. A Site Plan application will be required for the proposed addition and is included as condition c) of this report. The applicant is seeking relief to the following section of Zoning By-law 97-95: Section 6.0 — Definitions, Custom Workshop Required: Proposed: Means premises used by a trade, craft or To permit Woodworking shop guild for the manufacture, in small quantities, of made to measure clothing or articles including the sale of such products at retail and, for the purpose of this By-law shall include upholstering but does not include metal spinning, woodworking or furniture manufacturing. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.3 — Settlement Areas and 1 .3 — Employment, are applicable to this application. Section 1.1.3 — Settlement Areas is applicable as the subject lands are located within the Moonstone Settlement Area. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Settlement Areas section supports intensification within these boundaries; the applicant is proposing to utilize an existing structure within a Local Commercial Zone and continue with a woodworking use. Section 1.3 — Employment is applicable and that Planning authorities shall promote economic development and competitiveness by: providing for an appropriate mix and range of employment, institutional, opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses and take into account the needs of existing and future businesses. Development Services May 3, 2023 Report No. DS2023-038 Page 2 of 9 Page 119 of 322 6.d) 6.30 p.m.: DS2023-038, Danielle Waters, Planner re: Minor Variance ... Planning Staff is of the opinion that the application is in conformity with the PPS, 2020. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification ... [and] 1) directing development to settlement areas ...". Section 2.2.1 — Employment states that "economic development and competitiveness in the GGH will be promoted by making more efficient use of existing employment areas and vacant and underutilized employment lands and increasing employment densities". Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the existing use conforms to the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is a commercial property within an established rural settlement area (Moonstone). Planning Staff is of the opinion that this application conforms to the Growth Plan. County Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements and minimize land consumption and servicing costs" (County of Simcoe, 2016). The proposed use will be focusing development and employment growth within the rural settlement area of Moonstone. Based on the above, in Planning Staff's opinion, the applicant's minor variance application conforms to the general intent and purpose of the County's Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services May 3, 2023 Report No. DS2023-038 Page 3 of 9 Page 120 of 322 6.d) 6.30 p.m.: DS2023-038, Danielle Waters, Planner re: Minor Variance ... Does the variance conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The Township's Official Plan identifies the subject lands to be within the Rural Settlement Area (Moonstone) designation in the existing OP and the Rural Settlements designation in the updated Official Plan. Pursuant to the policies of both the in-force and the adopted OPs, permitted uses within this designation are small scale commercial and light industrial uses. The proposed woodworking shop use would fall within the permitted uses of both Official Plans. Planning Staff is of the opinion that this application conforms to the Township's Official Plans. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Local Commercial (LC) in the Township's Zoning By-law 97-95, as amended. A Custom Workshop is a permitted use in this zone, however, the definition limits what is the use within a Custom Workshop. The applicant is applying to expand this definition to allow for the continuation of a Woodworking Shop on the property, with the possibility of expanding the existing shop. Planning Staff are satisfied that the existing woodworking shop would be a use that would complement other uses within the Custom Workshop definition, as well as other permitted uses within the LC zone. Condition c) of this application will require the applicant to go through the Site Plan approval process which is standard for all commercial and industrial zones. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed use to stand out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the existing structure is visible from the neighbouring properties, however, the use will be keeping in character of the established neighbourhood. There are several Local Commercial properties in this area which allow for this use to fit in. Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Development Services May 3, 2023 Report No. DS2023-038 Page 4 of 9 Page 121 of 322 6.d) 6.30 p.m.: DS2023-038, Danielle Waters, Planner re: Minor Variance ... Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the use is existing on the property, and similar in nature to permitted uses for a Local Commercial Zone. 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. Appropriate Site Plan Application design details shall be required at time of Site Plan Application • Township Operations Division — no comments Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Development Services May 3, 2023 Report No. DS2023-038 Page 5 of 9 Page 122 of 322 6.d) 6.30 p.m.: DS2023-038, Danielle Waters, Planner re: Minor Variance ... Schedule I Applicants' Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-15 be approved, specifically for the purposes to modify the definition of Custom Workshop to recognize an existing use of a woodworking shop, on lands municipally known as 257 Moonstone Road East, on the basis that the application meets the four tests of the Planning Act, and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Andy Karaiskakis, Senior Planner April 26, 2023 Derek Witlib, Acting Director, Development Services April 27, 2023 Development Services May 3, 2023 Report No. DS2023-038 Page 6 of 9 Page 123 of 322 6.d) 6.30 p.m.- DS2023-038, Danielle Waters, Planner re- Minor Variance ... Schedule 1: Location Map —V.—,Rd:-^ -moonstone fld. 5565 H oislsiloa e'alq Rc, —Old-3?L-Rd, Z LL 00 Rid- Rp° j,.. J 5535 272 T280290 _ 214 220 226 232 236 246 250 256 264 Moonstone Rd.E. 211 229 333 12 14L16 18 26 F�4 239 10 20 24 10 8 6 4 58 5516 22 � 22 � � �� 7 15 5509 6 fi 24 Z / 20 Duncan Dr. ao 5 23 C 5507 4 26 J 18 9 7 5 3 5505 2 3 25 16 28 3 6 4 2 2 4 6 8 10 12 Agnes 5t. Ellen Dr. 17 17 9 7 5 3T 15 1 3 5 7 9 11 13 Location ® Subject Lands _Taums hf, of rouudd Heritage,Exciting Future 0 loom File Number 2023-A-15 41 1 Development Services May 3, 2023 Report No. DS2023-038 Page 7 of 9 Page 124 of 322 6.d) 6.30 p.m.- DS2023-038, Danielle Waters, Planner re- Minor Variance ... Schedule 2: Aerial Photo _mo nstene/.y/d tl�^ . 5535 2-72 yo esnoe.VaReyRd� `g . IJ Old 6 Rd� t 1M� 1Ridge�0.aaa� •. 246 250:s,. � 256 264 MM! k Moonstone Rd.E. r�rll► - w '� 14 245 257 239 10 k, Z SO 'd c J 5515 8. 5516 7 y 5509 6 0 Duncan Dr. 5 23 � 5567 4 •3 Aerial Q Subject Lands Toumship of Proved Heritage,.Exciting Future 0 100 rn File Number.2023-A-15 N , i lI Development Services May 3, 2023 Report No. DS2023-038 Page 8 of 9 Page 125 of 322 6.d) 6.30 p.m.- DS2023-038, Danielle Waters, Planner re- Minor Variance ... Schedule 3: Site Plan a ►AIMOONSTONE ROAD EASE' K 1pp�AA:NY LCTWIMu. M0�RLLOIYY•)l Cl.tl€1C6,W-rN 1➢n 15 15 Ml1 fA] u wve f r ma _ +r.•tr�-• � +r O b&R7 1 RAW 51R--41A1` ,S PART!a•i9J4N 51R-41817 ! ew`+Bnn--ce•gY x: 4:^- -E! °'w W�•-7iHQl7] 14, F 1 yld�i ■ ■ s AI.W- r ,. r w PART 2.PLAN MR-41517 er!nests-'�apr4rV � �' I° d9 •-R I p 9 a :I ��O/YSh(]Of I�PPrrroouudd Heritage,Exciting Future 0 loam File Number:2023-A-15 N I 1 ! Development Services May 3, 2023 Report No. DS2023-038 Page 9 of 9 Page 126 of 322 Minor Variance Application 2023-A-15 (IKD Inc.) Purpose: The applicant is proposing to modify the definition of Custom Workshop to recognize an existing use of a woodworking shop on the subject lands. The applicant is seeking relief to the following section of Zoning By-law o 97-95, as amended: N 0 Section 6.0 — Definitions, Custom Workshop w 0 w Required: Proposed: Means premises used by a trade, craft or To permit Woodworking shop o guild for the manufacture, in small quantities, of made to measure clothing or cu articles including the sale of such v products at retail and, for the purpose of m this By-law shall include upholstering but does not include metal spinning, v woodworking or furniture manufacturing. m N v - (D / Township of Praiir(HrrinRr,Ezrifing Ferliirr 0. n Minor Variance Application 2023-A-15 (IKD Inc.) Aerial Photo: w i1 &, O Moonstone Rd.E. r M 3 N O z33 � 1e N 215 732 14 W 39 O Z a C 5515 CS 8 55'6 r-f (p `N V 5509 6 C Duncan Dr. s 23CD 00 % 0 Fu 3 5507 4 ; N /�r: h'pef l �CG(l/CGG N V/'(Pr—d Heritage,Ex W,,g Fufurr O. n CD Minor Variance Application 2023-A-15 (IKD Inc.) Existing Zoning: mo J o 3 _ o N O N W O Moonstone Rtl.E. CD II � at 4� at Subject Lands °"n`"" ---g' R1 (Residential One) CD o LC (Local Commercial) A9—st ems° A/RU (Agricultural/Rural) "COD EP(Environmental Protection) =3 . .s =3 �- OS (Open Space) ..... CD.,." CD 0- I (Institutional) �D N (Tito%�;���cr.�oirt� �N Pr—d Heritage,Ex W,,g Fufurr O. n CD Minor Variance Application 2023-A-15 (IKD Inc.) Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: -a CD _ W I O t7 I W I W C 8 - - I� $` - CD TAM o. r CD I rlI Environmental Protection Two Greenlands Settlements D w 0 Rural Rural Greenlands N 0 O Rural Settlement Area Rural Settlements Rural �m s N V/'(Pr—d Heritage,Ex W,,g Fufurr O. n CD Minor Variance Application 2023-A-15 (IKD Inc.) a�++�",,MC2NmSTGNE ROAD EAST Q Applicant's Site Plan: _ CD a a r N !` O W O ,r .r •� 00 MF r 0 O =3 .41 t (D v ( 1 CD v v c i =3 (D CO ' J (D OCO N 0 N Arard Heri1q,.E-W,,A Fnl 0 0 n CD Minor Variance Application 2023-A-15 (IKD Inc.) ► � o 0 N O N O W W 0 v (D� (D v (D Y, v � (c � CO East on Moonstone West on Moonstone Notice sign posted CD N i ps N lr N Pr—d Heritage,Ex W,,g Fufurr O. n CD Minor Variance Application 2023-A-15 (IKD Inc.) w 0 0 CD O _OD sr•. �' CD CD CD N v CO Existing dwelling Parking area CO N Pr—d Heritage,Ex W,,g Fufurr O. W W n CD Minor Variance Application 2023-A-15 (IKD Inc.) w O 3 C, N ��- O — N W a � O v (D v � CD (D � CO W Existing woodworking shop N Pr—d Heritage,Ex W,,g Fufurr O. n CD Minor Variance Application 2023-A-15 (IKD Inc.) Recommendation: Approve o It is recommended: 1. That Report No. DS2023-038 be received and adopted. 0 2. That Minor Variance Application 2023-A-15 by IKD Inc., specifically for the purposes to modify the definition of Custom Workshop to CO recognize an existing use of a woodworking shop, on lands municipally known as 257 Moonstone Road East, Township of Oro- o Medonte, be approved subject to the conditions as outlined in Report DS2023-038. w 6 w 3. The conditions are as follows: 00 a) That notwithstanding Section 6.0, the proposed custom workshop shall otherwise comply with all other applicable p provisions of the Zoning By-law; v b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the C' application and sketches submitted and approved by the Committee; m c) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after: i. The Committee's Minor Variance decision becomes final and binding; and, v ii. The applicant has obtained Site Plan Approval from the Township with respect to the proposed expansion of the m existing workshop, pursuant to Section 41 of the Planning Act. cQ 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. m =3 CO cD cn C m 0 NJ0/�Toumship of ft0-/ �2 f Prair(HnilnRr,Esrrlinq Ferhirr 0 0 6.e) 6.40 p.m.: DS2023-035, Andy Karaiskakis, Senior Planner re: Minor V... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-035 Development Services Andy Karaiskakis, Committee Senior Planner Meeting Date: Subject: Motion # May 3, 2023 Minor Variance Application 2023-A-16 Roll #: Karrie Thomson & Andrew R.M.S. File #: 4346-020-004-14846 Rother D13- 9 Georgian Drive Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-035 be received and adopted. 2. That Minor Variance Application 2023-A-16 by Karrie Thomson and Andrew Rother specifically to permit the construction of an addition (attached garage) to the existing single detached dwelling with a reduced interior side yard setback of 1.8 metres (5.9 feet), on lands municipally known as 9 Georgian Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-035. 3. The conditions are as follows: a) That notwithstanding Table B1 of Zoning By-law 97-95, the proposed single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the dwelling addition is located no closer than 1.8 metres (5.9 feet) from the interior side lot line; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 3, 2023 Report No. DS2023-035 Page 1 of 16 Page 136 of 322 6.e) 6.40 p.m.: DS2023-035, Andy Karaiskakis, Senior Planner re: Minor V... Background: The subject lands are located at 9 Georgian Drive and currently support a one-storey single detached dwelling and a detached accessory building (shed). The lands have a frontage of 36.8 metres (120.8 feet) and a lot area of 0.2 hectares (0.5 acres). A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2). The purpose of Minor Variance Application 2023-A-16 is to permit the construction of an addition (attached garage) to the existing single detached dwelling with a reduced westerly interior side yard setback. Specifically, the applicants have requested relief from the following section of Zoning By-law 97-95, as amended: Section 4.0/Table B1 — Minimum Required Interior Side Yard Setback for Single Detached Dwelling Required. Proposed: 2.5 metres 8.2 feet 1.8 metres 5.9 feet The applicants' site plan, floor plan and elevations are included as Schedules 3, 4, 5 and 6 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 Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, the policies pertaining to Settlement Areas (Section 1 .1 .3) and Rural Areas (Section 1 .1.4) are applicable to this application. This application represents limited development in a designated Rural Settlement Area that is consistent with the above-noted PPS policies. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application as the subject lands are located within the Warminster Rural Settlement Area. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are already within an established Rural Settlement Area and would contribute to the Township's achievement of the above-noted policy. County Official Plan Pursuant to Schedule 5.1 of the County's Official Plan, Warminster is identified as a "Settlement" (refer to Schedule 7). Settlements are intended to be the focus of Development Services May 3, 2023 Report No. DS2023-035 Page 2 of 16 Page 137 of 322 6.e) 6.40 p.m.: DS2023-035, Andy Karaiskakis, Senior Planner re: Minor V... population and employment growth (Section 3.5.1) and developed at higher densities. The Settlement Designation permits residential development. The County of Simcoe has not provided the Township with comments on this application to-date and Planning Staff do not expect any County comments at this stage. It is the opinion of Development Services Staff that this application conforms to the County Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan (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 Rural Settlement Area (Warminster) in the Township's Official Plan (refer to Schedule 8). The intent of the Rural Settlement Area designation (Section C3) 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, among others, low density residential uses. On this basis, the requested variance for an addition to the existing single detached dwelling conforms to the current Official Plan. Development Services May 3, 2023 Report No. DS2023-035 Page 3 of 16 Page 138 of 322 6.e) 6.40 p.m.: DS2023-035, Andy Karaiskakis, Senior Planner re: Minor V... Adopted (not vet in effect) Updated Official Plan The Township's adopted (not yet in effect) updated Official Plan (OP) designates the subject lands as Rural Settlements (refer to Schedule 9). The objectives of the Plan with respect to Rural Settlements are to: • accommodate limited growth due to servicing constraints; and • recognize 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. Permitted uses in the Rural Settlements designation include single detached dwellings. Planning Staff considered the proposed application within the context of the surrounding residential properties and the established character and built form of the residential area. Upon site visit, Planning Staff noted that the proposed addition to the existing dwelling will not stand-out, look out of place or detract from the character of this residential area. The Owners will be required to obtain a Building Permit for the proposed addition and at that time confirmation will be provided to the Township if the existing septic system is able to accommodate the proposed addition. On this basis, the requested variance for an addition to the existing single detached dwelling would conform to the objectives of the Adopted Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97- 95, as amended (refer to Schedule 10). The applicants are proposing to construct an addition (attached garage) to the existing dwelling and is seeking relief from the Zoning By-law to permit the construction of the addition with a reduced minimum required westerly interior side yard setback, from 2.5 metres (8.2 feet) to 1.8 metres (5.9 feet). The Zoning By-law's requirement for a minimum interior side yard setback of 2.5 metres (8.2 feet) in the Residential One (R1) Zone is intended to provide spatial separation between properties, as well as provide space for access and maintenance around buildings and structures. The applicants are proposing an interior side yard of 1 .8 metres (5.9 feet) which, in Planning Staff's opinion, is adequate space for maintenance and access around the dwelling as it maintains spatial separation between the subject lands and the neighbouring property. For the reasons outlined above, the requested variance is considered to meet the general intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed dwelling addition would have a minimal impact on the adjacent landowners as there is a row of tall trees along the property line, which will assist in softening the impact of the addition from view. Prior to issuance of a Building Permit, the owners will be required to prepare an Engineered Lot Development Services May 3, 2023 Report No. DS2023-035 Page 4 of 16 Page 139 of 322 6.e) 6.40 p.m.: DS2023-035, Andy Karaiskakis, Senior Planner re: Minor V... Grading (ELG) Plan, subject to municipal approval. The ELG plan will ensure that water drainage resulting from the proposed addition will be mitigated on the subject lands and will not impact the neighbouring lots. The location of the proposed addition will not interfere with functional matters on the lot such as parking or the septic system area. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. For the reasons outlined above in this report, and also having concluded that the character, appearance and uses of surrounding properties will not be negatively impacted, it is Planning Staff's opinion that the requested variance is minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Development Services May 3, 2023 Report No. DS2023-035 Page 5 of 16 Page 140 of 322 6.e) 6.40 p.m.: DS2023-035, Andy Karaiskakis, Senior Planner re: Minor V... • Township Infrastructure and Capital Projects — The proposed driveway can be no wider than 6.0 metres at the property line. • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Severn Sound Environmental Association — The property is located within the Wellhead Protection Area (WHPA) D of the Warminster Well Supply with a vulnerability score of 2. No policies in the South Georgian Bay Lake Simcoe Source Protection Plan apply. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Floor Plan Schedule 5: Applicant's Building Elevations Schedule 6: Applicant's Building 3D Perspectives Schedule 7: County Official Plan Land Use Schedule 8: Current Township Official Plan Land Use Schedule 9: Adopted Township Official Plan Land Use Schedule 10: Existing Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-16 be approved, specifically to permit the construction of an addition (attached garage) to the existing single detached dwelling with a reduced westerly interior side yard setback of 1.8 metres (5.9 feet), on lands municipally known as 9 Georgian Drive, on the basis that the application meets the four tests of the Planning Act, conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, RPP, Acting Director, Development Services April 27, 2023 Development Services May 3, 2023 Report No. DS2023-035 Page 6 of 16 Page 141 of 322 6.e) 6.40 p.m.- DS2023-035, Andy Karaiskakis, Senior Planner re: Minor V... Schedule 1: Location Map 17 19 29 23 —vasey Rd.— 15 50 1 48 1 46 -r+1oo�:eo�e.Ra. 14 2 96 1 A99. 18 26 28 30 32 34 36 38 HorvsesHoe-Vall e�Rd. 17 61d-Brie-Rd. Champlain Cres. �Rla9e Rp°d 15 21 F27 29 31 33 35 37 13 23 25 9841 y 11 15 t 1 v 4 6 8 10 12 14 9 9832 9829 2 2 4 6 8 7 Georgian Dr. 9824 Wallis St. 5 9819 10 9820 5 7 9 4 3 5 3 y. 9813 9816 t4� 12 9812 9805 1844 1858 1866 1872 1880 1892 1896 1902 9806 1852 Warminster Srd. 1859 1865 1871 1875 4031 1885 9767 4017 9647 4011 Location ® Subject Lands Township ofl, Proud Heritage,Exciting Future 0 100m File Number:2023-A-16 Development Services May 3, 2023 Report No. DS2023-035 Page 7 of 16 Page 142 of 322 6.e) 6.40 p.m.- DS2023-035, Andy Karaiskakis, Senior Planner re- Minor V... Schedule 2: Aerial Photo CA 11 3 .29 31 {,. 33 35 37 N Hm hae-Valley-Rd. 11 old.gar ieRd._ � �-s —Rid9e�Road__. J 6 8 TO ai U Georgian Dr. -- 10 i4:. 3 "7 b2 892 4858 1866 8'2 '1852 �y ---- i I ' Warminster Srd. 1859 1865 118 18.5 - 1885 Aerial A Township of/, '� Q Subject Lands Proud Heritage,Exciting Future 0 100 m File Number_2023-A-16 4, I I I I I Development Services May 3, 2023 Report No. DS2023-035 Page 8 of 16 Page 143 of 322 6.e) 6.40 p.m.- DS2023-035, Andy Karaiskakis, Senior Planner re- Minor V... Schedule 3: Applicants' Site Plan GEORGIAN DRIVE REGISTERED PLAN W-92 'I, g6EWN TE W 41A. 10 10�1 0 Ol 11010. ' E6L AfYON'-2dG,ap 1 I Sb.6t fP1 k ww.)f (as w PI) •\ p Q 2 e4 1Ell sS rY AZl EaX , t.5 Iweoc.edJ o.x�°� �3�•� ybx` �p �•6+ LOT 45 �� a A�. LOT 47 sn aw aim - o+•a a rl .LOT , I � �pw; �sa�rr�- niu�tq,' I I ' Y I E.�taa••ena eaa'Pa*any Nfp+ere4c+b i>•a�n Ae Oouu^M1YMa Dif W.tNol HOM Mij \n t I 1, � I i t Ilr Pmint !ba 6�N YrSMG REGISTERED PLAN: � M-92 � s 1,01 ,01 0.iy'w,1 Pµr YQFlA 9Nv-E(F?5x � IFA.r-) Oi YmN y Nd Ta<IYY]�yY W Sa.I.E 1tli' 9.aa EaN __ Af IG819.20'E .;e• i >a.s6 k New. ae3 Eeel fE•CeN ----------------__________-V -----___________-- --------------- ______________________________________ I is a�' ��� NS6"19•[A'E�� LOT 6 'Pu 0I..82p LOT 48 Paf JdT21 - OIwT(!!J CONCESSION 14 Site Plan )f �S]�UiY�id5i3 i�10 Proud Heritage,Excitini,Future File Nomber 2023-A-16 Development Services May 3, 2023 Report No. DS2023-035 Page 9 of 16 Page 144 of 322 6.e) 6.40 p.m.- DS2023-035, Andy Karaiskakis, Senior Planner re. Minor V... Schedule 4: Applicant's Floor Plan DN a,re h reoss sr l jEI;vIE,:r— — -- ---- ------- ` LL r ——CiRC rRrRl S——— I I flanz c I I I I � 4 GRoes rxuss ------------- -- --------, PRC ENGIMCCRCG TRGSSCS M^RCR MfG.�lfLS. I I ri I � II C- T vtr n.r acm Floor Plan Proud 14erirgZc,1:'sciriv;�P,it+err• File Nurnher 2023-A-16 Development Services May 3, 2023 Report No. DS2023-035 Page 10 of 16 Page 145 of 322 6.e) 6.40 p.m.- DS2023-035, Andy Karaiskakis, Senior Planner re. Minor V... Schedule 5: Applicant's Elevation Drawings l5we111%P, m E- T.ONYA 'r 12' Law Gn*eg.W' I� 15S 10, FIB 1 -EN ' S'.: J Proposed Front View avalllrvg Peak � a Y:O,W2115 d �F .Low Garage'.�'Valla Ut Flwr GraAz �1 Proposed Right View dwelling PeaA 0. a1+ 3h2 �1 T.O.Wal96 LOw Garag®W� 5 51 Fll Proposed Rear View Building Elevations 0 v Freud Heritage,Exciting Future File Numher 2023•A-16 Development Services May 3, 2023 Report No. DS2023-035 Page 11 of 16 Page 146 of 322 6.e) 6.40 p.m.- DS2023-035, Andy Karaiskakis, Senior Planner re: Minor V... Schedule 6: Applicant's 3D Perspectives �".;1 3❑View 1 �l 3D View 2 3 3D View 3 3D View 4 3D Perspectives f ��i� d�'3.5111�/a Freud Heritage,Exciting Fat"" Ra Nt rnher 2023-A-16 Development Services May 3, 2023 Report No. DS2023-035 Page 12 of 16 Page 147 of 322 6.e) 6.40 p.m.- DS2023-035, Andy Karaiskakis, Senior Planner re. Minor V... Schedule 7: County Official Plan Land Use —VaaeV•Rd.- -Moanstone.Rdrr{ Horseshoe VallaµRd. Cheslock Cres. 01d.ea..ie.Rd- u �Ridge�R°sd .. Demont Dr. Champlain Cres. m a s u 12 Georgian Dr. in Wallis St. a� c q In Warminster Srd. Z U M L V N L Ip Herrington Ave. 4i Q s: R A 4 County of Simcoe — Land Use =3 Subject Lands Agricultural Settlements Township of Proud Heritage,Exciting Future 0 300 M File Number:2023-A-16 Development Services May 3, 2023 Report No. DS2023-035 Page 13 of 16 Page 148 of 322 6.e) 6.40 p.m.- DS2023-035, Andy Karaiskakis, Senior Planner re- Minor V... Schedule 8: Current Township Official Plan Land Use —V—y-Rd.— -MoonsM e Rdr_A � - -- - HorseshlJcellNalley-Rd� �T� Cheslolllck Cres. _ ald.R_ie�Rtl,� - l �RidgeN flea Demont Dr. Champlain Cres. I v L U_ N 12 Wallis St. Georgian Dr. m c _Warminster Srd. _ l I� in z _ C r o a` Mernngton Ave. LI 4 c a � O Township Official Plan - Land Use Agricultural CJ Subject Lands Rural SettlemertAren 0T, h- Proud Heritage,Exciting Future 0 300 Ill File Number:2023-A-16 Development Services May 3, 2023 Report No. DS2023-035 Page 14 of 16 Page 149 of 322 6.e) 6.40 p.m.- DS2023-035, Andy Karaiskakis, Senior Planner re: Minor V... Schedule 9: Adopted Township Official Plan Land Use —Yasey-Rd.— .Moonstone Rd. — T� 1Q} k Horseshoe vRuev Rd� Cheslock Cres. —old-6a—e Rd. -,Ridge Mad Demont Dr. Champlain Cres. d r V_ 12 Georgian Dr. in Walfis_St. m c 3 m Warminster Srd. u7,� Z' c � o m c_ a Merrington Ave. ai 4 - Robbins Dr. Grace Cres. Township Adopted Official Plan (2022) - Land Use Mb Subject Lands Agricultural i o Rural Settlements /�Township_ _ f (y/�QProud`Heritage,Extiting Future 0 300 m File Number:2023-A-16 N I I I I Development Services May 3, 2023 Report No. DS2023-035 Page 15 of 16 Page 150 of 322 6.e) 6.40 p.m.- DS2023-035, Andy Karaiskakis, Senior Planner re- Minor V... Schedule 10: Existing Zoning —V—y-Rd.— Rl 2S*271 -Moonsrone Rdx.A Horseshoe Halley-Rd� RL OEd.earrjeRd. r. RL Champlain Cres. idgerRoad LC Os 7 1 � .0 V R1 LC-9 Georgian Dr. Wallis St. RS R R1 —L"CC112 Warminster Srd. R1 LC I 05 RI(H) Existing Zoning _1 Subject Lands RI(Residential One) F LC(Local Commercial) Township of F OS(Open Space) — I(Institutional) Proud Heritage,Exciting Future 0 File Number:2023-A-16 J Meters I I Development Services May 3, 2023 Report No. DS2023-035 Page 16 of 16 Page 151 of 322 Minor Variance Application 2023-A-16 (Thomson & Rother) Location: 9 Georgian Drive ; " 9 1 - 2, o 128 3 Zoning: Residential One (R1 ) cham°I°Incros. : . \1 a1 CD 21 23 V 25 N -1 B d�- ,5 O Official Plan: Rural Settlement B 12 14 9 W 1 Area (Warminster) 3 983E w Georgian Dr. ae2a \ Wallis SL_\l 5 9819 B 5 3 y\5 Sti Q Current Use: Residential % `T \Y 9805 85 18Bfi e1 t880 1892 1895 1902 /\ 98 r-2 Warminster Sftl. W 1059 1885 1B]1 1815 I T A-7CD CD9ie] �3\ 0Cn (D Arard Hrritagr,Exciting Fufurr � 0 Minor Variance Application 2023-A-16 (Thomson & Rother) Purpose: The applicants are proposing to construct an addition (attached o garage) to the existing single detached dwelling. The applicants are seeking relief to the following section of Zoning By-law 97-95, as amended: o CD Table 134-13 — Minimum Required Interior Side Yard Setback for Single Detached Dwelling o w Required: Proposed: o 2.5 metres (8.2 feet) 1.8 metres (5.9 feet) D v v C' v CD cQ CD m =3 o' w _ o Nrr,un;j,o� N , CD Praiir(HrrinRr,Ezrifing Ferliirr � 0 Minor Variance Application 2023-A-16 (Thomson & Rother) CD Aerial Photo: Georgian Dr. f CO N-'t O lii3fa,:. D y1¢ L. LM M v Warminster Srd. CD� 0 1859 1885 1e71 1845 1E8b i N VTVv � (D Arard Hrritagr,Exciting Fufurr � 0 Minor Variance Application 2023-A-16 (Thomson & Rother) CD Existing Zoning: oaoJ..,a. Champlain Cres. s+ 77— CD LT � 0 N - W 1 O Georgian Dr. (� Wallis st s+ D v Warminster srd. v (n' Subject Lands R1 (Residential One) m m LC(Local Commercial) =3. WH) o CP Cnn OS(Open Space) _ _ I(Institutional) w ��� ���=3 N V1Y/G'� CD N CD Pr-d Heritage,Ex W,,g Future 0 Minor Variance Application 2023-A-16 (Thomson & Rother) Township Official Plan Township Adopted County Official Plan o Land Use: Official Plan Land Use: Land Use: P N O W p C31 u..j a12 p =3 1 — — N q Ronh,�,o a�r�.t e I I I I Agricultural Agricultural Agricultural � cn Rural Settlement Area Rural Settlements Settlements —;0` av CD (D Arard Hrritagr,Exciting Fufurr � 0 Minor Variance Application 2023-A-16 (Thomson & Rother) CD Applicant's Site Plan: 0 GEoRG,m P DZE ----- (n a - - r° N — - - ya -- 0 LOT 45 .o`�g✓i LOT 47 as EeY I s REG157ERED ��3 �Ri, i FiLAN; � �~M-97� 01 _ u a oar s°i� all,..,..°'"`6"A au ��� ✓r �}° S=$""" a�LOT �ni m �8 d''. yr m'�` 0 LOT 48 CONCESSION �14 ••l _ '�; N V1Y/G-p CD N N Pr—d Heritage,Exciting Fufurr 0 Minor Variance Application 2023-A-16 (Thomson & Rother) CD Applicant's Floor Plan: o o w,,. -- ------ o r i i N O III—TI— DN CD I I m I D I� v e L ____fi 0 00 0 ��_ W O Tow�h;p of CD Pr—d Hn img,,E-iiinq Feehnr 0 Minor Variance Application 2023-A-16 (Thomson & Rother) Applicant's Elevation Drawings: o eG 3 CO O Proposed Front View N el a D ! 9 — =3 /mil Proposed Right View CO CD (D S -- — 0 =3 O 01 O U Proposed Rear View N V1Y/G'� CD NJCD Pr—d Heritage,Exciting Fufurr O Minor Variance Application 2023-A-16 (Thomson & Rother) Applicant's 3D Perspectives: o 3 0 CD O f O 3D View 1 3D View 2 2 D CL v v C' v cQ (D m =3 rn 3 3D View 3 ¢ 3D View 4 o N V1Y/G"e lv E:.Cl.(!IlGr/ CD N V/(F� � (D Arard Hrritagr,Exciting Fufurr � 0 Minor Variance Application 2023-A-16 (Thomson & Rother) CD ga Q 5 - O CD a � 2 0 View looking east View looking west Notice sign posted 0 along Georgian Dr along Georgian Dr N V1Y/G•� CD N CD Pr—d Heritage,Exciting Fufurr 0 Minor Variance Application 2023-A-16 (Thomson & Rother) \ s, N. A V ---- --- O CD i t 1 1 � v cQ CO Location of proposed View of subject lands additionCO /� v N lr_/t CD N Prai�r(HnilnRr,Esrrlinq Ferhirr � 0 Minor Variance Application 2023-A-16 (Thomson & Rother) CD CD " e� ro d ON O C31 Cn CD CD 4: �T Location of proposed addition 0 W CO �{ ,/M�^ N /�r: h'pef l �CG(l/CGG N V/(F� � (D Arard Hrritagr,Exciting Fufurr � 0 Minor Variance Application 2023-A-16 (Thomson & Rother) CD r " O .h SS: / V! N O N W O D v v CD Location of proposed addition towards rear yard { CD Pr—d Heritage,Exciting Fufurr 0 Minor Variance Application 2023-A-16 (Thomson & Rother) CD Recommendation: Approve o It is recommended: 1. That Report No. DS2023-035 be received and adopted. 0 f) 2. That Minor Variance Application 2023-A-16 by Karrie Thomson and Andrew Rother specifically to permit the construction of an N addition(attached garage)to the existing single detached dwelling with a reduced interior side yard setback of 1.8 metres(5.9 feet),on lands municipally known as 9 Georgian Drive,Township of Oro-Medonte,be approved subject to the conditions as W outlined in Report DS2023-035. O W cn 3. The conditions are as follows: D a) That notwithstanding Table B1 of Zoning By-law 97-95,the proposed single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions v as set out on the application and sketches submitted and approved by the Committee; v c) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify (n' by pinning the foundation wall and verifying in writing by way of survey/real property report,prior to the pouring of the footing and if no footing,the foundation,that the dwelling addition is located no closer than 1.8 metres(5.9 feet)from the interior side lot line;and, v d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township (n cc only after the Committee's decision becomes final and binding,as provided for within the Planning Act R.S.O. 1990, c.P. 13. p' rn cn 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. co (� f � N 0;G" �� CD NJCD Proiir(HriinRr,6zritinq Ferliirr � 0 6J) 6.50 p.m.: DS2023-031 , Catherine McCarroll, Intermediate Planner re... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-031 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # May 3, 2023 Minor Variance Application 2023-A-17 Roll #: Theresa Ainsley & William R.M.S. File #: 4346-020-005-19900 Kersey D13 5363 Line 9 North Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-031 be received and adopted. 2. That Minor Variance Application 2023-A-17 by Theresa Ainsley & William Kersey specifically for permission to build a detached accessory building (garage) with an increase in height of 5.14 metres (16.8 feet) and an increase in floor area of 146.3 square metres (1,575.0 square feet), on lands municipally known as 5363 Line 9 North, Township of Oro-Medonte, be deferred to provide the applicants with the opportunity to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans. 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 1 .28 hectares (3.16 acres), according to MPAC records, and contains a single detached dwelling and a 11.1 square metres (120.0 square feet) detached accessory building (garage). The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build a detached accessory building (garage). The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.4 — Maximum Height Required. Proposed: 4.5 metres 14.7 feet 5.14 metres 16.8 feet Development Services May 3, 2023 Report No. DS2023-031 Page 1 of 13 Page 166 of 322 6J) 6.50 p.m.: DS2023-031 , Catherine McCarroll, Intermediate Planner re... Section 5.1.6 — Maximum Floor Area Required. Proposed: 100.0 square metres (1,076.4 square 146.3 square metres (1,575.0 square feet) feet) The applicants' site plan, elevation drawings and floor plans are included as Schedules 3, 4 and 5 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. In accordance with Schedule B — Natural Features of the Township's Official Plan, the subject lands are located within a Regional Area of Natural and Scientific Interest (ANSI) and a significant woodland. Section 2.1 .5(b) of the PPS states that development and site alteration shall not be permitted in significant woodlands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Planning Staff is of the opinion that an Environmental Impact Study or Natural Heritage Evaluation is required to demonstrate that there will be no negative impacts on the natural heritage features. Therefore, Planning Staff is not in a position at this time to conclude whether the application is consistent with the Natural Heritage policies of the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 — Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed development is consistent with the Rural Areas policies in the Growth Plan as the applicants are proposing a detached accessory building which is accessory to the existing residential use. Section 4.2.3 — Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features also applies to this application as the proposed development is located within a Regional Area of Natural and Scientific Interest (ANSI) and a significant woodland. Specifically Section 4.2.3.1 states: "Outside of settlement areas, development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for: ... Development Services May 3, 2023 Report No. DS2023-031 Page 2 of 13 Page 167 of 322 6J) 6.50 p.m.: DS2023-031 , Catherine McCarroll, Intermediate Planner re... e) expansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan, subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure;" (p. 42-43). Section 4.2.3.1 (e) recognizes that there are instances where existing structures and uses should be permitted to expand provided specific requirements are met. The specific requirements that this policy identifies are that no other alternatives are available, the expansion is to be limited in scope and within close proximity to existing buildings. In this instance, Staff have not received any supporting studies that identifies that the detached accessory building is in the most suitable location given the location of the natural heritage features and that there are no alternative locations available. On the basis of the preceding, Planning Staff cannot conclude that the proposed development conforms to Section 4.2.3.1(e) of the Growth Plan as it applies to this application. County Official Plan The property is designated Greenlands in Simcoe County's Official Plan. The Greenlands designation seeks to protect and restore the natural character, form, function and connectivity of the natural heritage system. The County's natural heritage system includes significant woodlands and Regional Areas of Natural and Scientific Interest (ANSI), among others. Section 3.8.14 states that local Official Plans may contain policies and mapping that detail the criteria for determining significant woodlands in accordance with the definition of significant woodlands as defined by the County's Official Plan. Significant woodlands can also be determined through an Environmental Impact Study (EIS). According to Schedule B — Natural Features of the Township's Official Plan (see Schedule 6), the subject lands contain Significant Woodlands. Based on the fact that Planning Staff have not received an Environmental Impact Study or Natural Heritage Evaluation from the applicants that identifies that the detached accessory building is in the best site for development of the property, and given the presence of the ANSI and significant woodland feature, and that Staff have yet to receive comments from the County, Planning Staff are not in a position to conclude that the proposed development conforms to the County's Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Development Services May 3, 2023 Report No. DS2023-031 Page 3 of 13 Page 168 of 322 6J) 6.50 p.m.: DS2023-031 , Catherine McCarroll, Intermediate Planner re... Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Greenlands in "Schedule A — Land Use" of the Township's Adopted Official Plan (2022). The Greenlands Designation permits single detached dwellings and by extension accessory uses on existing lots. The subject lands are designated Rural and Environmental Protection Two in "Schedule A — Land Use" of the Township's existing Official Plan (1997). The intent of the Rural Designation is: • To preserve and promote the rural character of the Township and the maintenance of the open countryside; and, • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. Permitted uses in the Rural designation include single detached dwellings and by extension accessory uses, such as detached garages. The subject lands are also within the Environmental Protection Two designation in the Township's existing Official Plan (1997) due to the presence of significant woodlands and a Regional Area of Natural and Scientific Interest on the lands (refer to Schedule 6). The intent of the Environmental Protection Two designation is to: • protect environmentally sensitive areas from incompatible activities and uses that would have a negative impact on significant natural features and functions; • maintain and enhance the ecological integrity of the natural heritage system; and, • protect from incompatible development significant woodland features and wildlife habitat areas and the ecological functions they provide. The `Environment-First' philosophy is a land use planning philosophy that is to be considered in making all planning decisions whereby the importance of maintaining, restoring and where possible, enhancing or improving natural features and ecological functions is recognized and promoted as a Township priority, to be considered with other interests in accordance with Provincial Policy and Legislation (Section Al). Development Services May 3, 2023 Report No. DS2023-031 Page 4 of 13 Page 169 of 322 6J) 6.50 p.m.: DS2023-031 , Catherine McCarroll, Intermediate Planner re... Staff is of the opinion that the applicant is required to obtain an Environmental Impact Study (EIS) or Natural Heritage Evaluation (NHE) demonstrating conformance with all natural heritage policies of the Provincial Policy Statement, Growth Plan, and County and Township Official Plans. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1 . The applicants have requested relief from the Zoning By-law to permit the construction of a detached accessory building with an increased floor area and an increased height. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. Section 5.1 .4 of the Zoning By-law allows a maximum height of 4.5 metres (14.7 feet) for detached accessory buildings, which is measured from average grade to mid-roof. The applicants have requested a variance to increase the height to 5.14 metres (16.8 feet) to install a car lift inside the garage. A detached accessory building in the Agricultural/Rural (A/RU) zone is permitted to have a maximum floor area of 100.0 square metres (1,076.4 square feet). The applicants are proposing a maximum floor area of 146.3 square metres (1,575.0 square feet). The accessory building is proposed to be used as a two car hobby garage and storage building. The proposed detached accessory building is smaller than the existing single detached dwelling which has a floor area of approximately 302.9 square metres (3,260 square feet) according to the dwelling Building Permit. In Planning Staff's opinion, the accessory building's smaller size and the proposed use of the building, will help ensure that the accessory building will remain secondary and subordinate to the primary residential use. Based on previous comments with regards to conformity with the PPS, Growth Plan, County and Township Official Plan, Planning Staff are not in a position at this time to comment on whether the variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the detached accessory building is proposed to be located in a treed area. As mentioned above, additional information is required to be submitted by the applicant to address the impact of the proposed development on the natural heritage features. Given the comments mentioned in the preceding sections of this report with regards to conformity to the PPS, Growth Plan, County and Township Official Plans, Planning Staff are not in a position at this time to comment on whether Development Services May 3, 2023 Report No. DS2023-031 Page 5 of 13 Page 170 of 322 6J) 6.50 p.m.: DS2023-031 , Catherine McCarroll, Intermediate Planner re... the requested variances are considered to meet the purpose and intent of the Zoning By-law, and would be considered appropriate and desirable development of the lot. Are the variances minor? As mentioned above, an Environmental Impact Study or Natural Heritage Evaluation is required to assess the impact of the proposed development on the natural heritage features; therefore, Planning Staff are not currently in a position to address whether the application is minor in nature. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan (1997) • Township of Oro-Medonte Adopted Official Plan (2022) • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects: Development Services May 3, 2023 Report No. DS2023-031 Page 6 of 13 Page 171 of 322 6J) 6.50 p.m.: DS2023-031 , Catherine McCarroll, Intermediate Planner re... o The site plan is not clear as to how the applicant will be accessing the proposed garage. o No new entrances from Line 9N will be permitted. • Ministry of Transportation — We have no concerns with this proposal and no MTO permit is required provided there are no changes to the grading. • Severn Sound Environmental Association —the property is located outside of all Wellhead Protection Areas; no comments. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Elevation Drawings Schedule 5: Floor Plans Schedule 6: Township Official Plan — Natural Heritage, Water Resources and Natural Hazards Conclusion: Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2023-A-17 be deferred to provide the applicants the opportunity to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andy Karaiskakis, RPP April 26, 2023 Senior Planner Derek Witlib, RPP April 27, 2023 Acting Director, Development Services Development Services May 3, 2023 Report No. DS2023-031 Page 7 of 13 Page 172 of 322 6J) 6.50 p.m.- DS2023-031 , Catherine McCarroll, Intermediate Planner re... Schedule 1: Location Map — Rd,— -Moonstone Rd. 5491 Hetseshoe Valley Rd, Old B4,6e Rd. N.11 `t Rid 9e�Raad.. . Z 5441 Old County_Rd. IJ 5383 &5 43 146 a S 5363 8 n 500 h Moonstone Rd.E. 2 00515 699 747 5183 5116 Location s�`e ® Subject Lands Township of Proud Heritage,Exciting Future _rJ 0 100m File Number.2023-A-17 /1 1 i i i Development Services May 3, 2023 Report No. DS2023-031 Page 8 of 13 Page 173 of 322 6J) 6.50 p.m.: DS2023-031 , Catherine McCarroll, Intermediate Planner re... Schedule 2: Aerial Photo —Vasey Rd- Moons Hnrsesl�oe�Yalley�Rd� olds.9�a-er-i-ef��Rd�/1/f '�Ridge�Roae` 11 ZOLL. m, c 5363 500 _ onstone b 00515 ' Aerial Township ae� � Q Subject Lands Proud Heritage,Exciting PHturc 0 100 m File Number:2023-A-17 N II I0I II Development Services May 3, 2023 Report No. DS2023-031 Page 9 of 13 Page 174 of 322 6J) 6.50 p.m.- DS2023-031 , Catherine McCarroll, Intermediate Planner re... Schedule 3: Applicants' Site Plan Vlc5` HALF OF ;- ��„� �r�g a a ICY)N'CE�:Si UN - d $ xs rxt3 ryFi a!� 1e.W arn�rc - —— ———— Site Plan � r - Uru'[PPrrrouud Hrrita e.,Exciting Future File Number 2023-A-17 Development Services May 3, 2023 Report No. DS2023-031 Page 10 of 13 Page 175 of 322 6J) 6.50 p.m.- DS2023-031 , Catherine McCarroll, Intermediate Planner re... Schedule 4: Elevation Drawings Front Elevailan: 21 Left Elevation: *l L 0 Rear Elevation- ------------------ we-------------------- Right Elevation: 9 r' I Elevation Drawings Tit, hl, )f (9�r�t, .�o�zt.,� Proud Heritage.,Excitiriq Future File Plumber!2023-A-17 Development Services May 3, 2023 Report No. DS2023-031 Page 11 of 13 Page 176 of 322 6J) 6-50 p.m.- IDS2023-031 , Catherine McCarroll, Intermediate Planner re Schedule 5: Floor Plan Floor Plan: LVL LINTELS LVL LINTn-6 > O U1 d� ku x I LVL LINTELS LVL LINTELS LVL IN 62 FLOOR FILM & Floor Plan 0 Proud Heritaje.,Exciting Friture. File Number 2023-A-17 Development Services May 3, 2023 Report No. DS2023-031 Page 12 of 13 Page 177 of 322 6J) 6.50 p.m.- DS2023-031 , Catherine McCarroll, Intermediate Planner re... Schedule 6: Township Official Plan — Natural Heritage, Water Resources and Natural Hazards Horsezhce•ValleyRd -+ _ � _ _ �f � "tiRitlge�R v i Old County•Rd �= - • e`}i`•L FF y � , s} J ~ Moonstorie:Rd.E. } Line 9�. Township Official Plan - Natural Features Environmental Protection 2 `lir[tmsitip of Significant Woodlands Vlll� OtherANSls(EP2) Proud Heritage,Exciting Future 0 300 M File Number:2023-A-17 Al I r I Development Services May 3, 2023 Report No. DS2023-031 Page 13 of 13 Page 178 of 322 Minor Variance Application 2023-A-17 (Kersey) Location: 5363 Line 9 North 0 Zoning: Agricultural/Rural (A/RU) - o CD Official Plan: Rural and oId CuunTy Rd W 0 Environmental Protection Two Ji 83 I CD Current Use: Residential �m `----- J M.,slom Rtl.E. — CD n W515 / 0 / 0 v / e (D CD { CD CD N Arard Hrritagr,Exciting Fufurr (p CD 5D Minor Variance Application 2023-A-17 (Kersey) Purpose: The applicants are proposing to build a detached accessory building o (garage). The applicants are seeking relief to the following sections of Zoning 3 By-law 97-95, as amended: o CD Section 5.1.4 — Maximum Height N w Required: Proposed: o 4.5 metres (14.7 feet) 5.14 metres (16.8 feet) n v Section 5.1.6 — Maximum Floor Area `%. m Required: Proposed: 100.0 square metres (1,076.4 square 146.3 square metres (1,575.0 square feet) n feet) U o v m 00 m o o 3 CD CO Th—hil-f N N Praiir(HrrinRr,Ezrifing Ferliirr (p CD 5D Minor Variance Application 2023-A-17 (Kersey) Aerial Photo: �3 �3 O Z C 3 CO N O i N i W 5363 - - O tt W v Moonstone CD CD 0 n 00515 % � O (D � CD {O CD�Q Arard Hrritagr,Exciting Fufurr (D CD CD Minor Variance Application 2023-A-17 (Kersey) Existing Zoning: 00 o o Old Gounty_Rtl. CD N O N W f qn2i O n v Moonstone Rd.E. CD — h q/eu CD „a n voo9 N. n w 0 Subject Lands _ =3 N A/RU (Agricultural/Rural) "'"" m - EP (Environmental Protection) �; CD N 0lY�^c%ZE C�Ji N � Arard Hrritagr,Exciting Fufurr (p CD 5D Minor Variance Application 2023-A-17 (Kersey) Township Official Plan — Natural , o Heritage, Water Resources and Natural Hazards: �� o a . CD O Old c ncy Rd. W I � O w T h CD M. onst0n RG.E. CD Subject Lands Environmental Protection 2cc uneBR Significant Woodlands Co m o Other ANSIs (EP2) 3 w e CD N (�/�:-� . cW1GCl%N � Pranr(Hrri�nRr,Ezrifing Ferliirr (p CD 5D Minor Variance Application 2023-A-17 (Kersey) Township Official Plan Township Adopted County Official Plan o Land Use: Official Plan Land Use: Land Use: P CD W i 0 CD =. (D — - -- z 0 i cQ Environmental Protection Two Agricultural Agricultural D .� 00 0 Rural Greenlands Greenlands �� 0 Agricultural Rural _ Rural CD Nisl� JtP� N .D Arard Hrritagr,Exciting Fufurr (D CD 5D Minor Variance Application 2023-A-17 (Kersey) Applicant's Site Plan: o AIEST HALF OF LOT 15 3 CD c'c7rdrES5104� # 10 O { 1 vxe] ki7-0CD wJN StFR9Ye C, c -.- (D 3 `"�— � e-YNfib CD r CD S — ;$ CD N �isl��E:cly/l.LG �N � Arard Hrritagr,Exciting Fufurr (D CD 5D Minor Variance Application 2023-A-17 (Kersey) Applicant's Elevation Drawings: o Krand Eiovation; —_ Rear Elevation: -- --- - _ 0 rCO fii _ 0 e�� f I ------------ --- ----------------------- v Lail Elevation: Right Elevation: --_- � ---- ---- _ ----- cu CD � 0 __ __ ________________________yam_______ - _-_—x--__-_---______-._________ 4 CD CO CD 3 m NT—hip of N lr-/tQ'�t �E;CGVYGGG Prai�r(HnilnRr,Esrrlinq Ferhirr (p CD 5D Minor Variance Application 2023-A-1 7 (Kersey) Applicant's Floor Plan: 0 -P Floor Plan: 3 CD LVL LINTELS LVL LINTELS i PE� 0 (D 9 CD 6 0 C.0 (D CO 62 ROOR MAN (D —% o 3 CD Pr—d Hrdage,Exciting Ft,,e CD =3 =3 CD 5D Minor Variance Application 2023-A-17 (Kersey) - . . .f rr , �+ r (n r � N t �k' tad' t 4� � r FTA i �, ti 0 O r� ` (D N /0 l J 0 Looking North along Line 9 North Looking South along Line 9 North CO CD CO W —� N N Arard Hrritagr,Exciting Fufurr (p CD 5D Minor Variance Application 2023-A-17 (Kersey) 0 c ei d 0 � r N r r E rn " '. E (D " (D n Looking East along Moonstone Looking West along Moonstone Road East Road East CD o 3 CD Otl— r N v Arai,(Hriiingr,E-iimg Fegiirr (D CD 5D Minor Variance Application 2023-A-17 (Kersey) gg All 01 i x t CD as p CD W 3 w - (D � O v — 8 CD Notice signs posted O _ _D N � Praiir(Hri rinRr,Ezrifing Ferliirr (D CD 5D Minor Variance Application 2023-A-17 (Kersey) i o - f o CD tiffRL (� f l J CD lV /0 Existing detached accessory Existing single detached dwelling building `% Arard Hrritagr,Exciting Fufurr (p CD 5D Minor Variance Application 2023-A-17 (Kersey) O Srir ` d i N F O CD , N 0^` T1. 8 W (D Location of the proposed detached View of the property from Line 9 8 CD N accessory building North N N Arard Hrritagr,Exciting Fufurr (p CD 5D Minor Variance Application 2023-A-17 (Kersey) CD CD CD 1 0 N _ db B IFA✓ � 21p f - 0 a` 4 The property contains an ANSI and CD a significant woodland �' 3 { CD N T—hip ry �/Y�/e.�ZttPi v Pr—d Heril�gr,Ea W,,g Pufurz (D CD 5D Minor Variance Application 2023-A-17 (Kersey) Recommendation: Defer o It is recommended: _P 3 1. That Report No. DS2023-031 be received and adopted. 0 2. That Minor Variance Application 2023-A-17 by Theresa Ainsley&William Kersey specifically for permission to build a detached No accessory building (garage)with an increase in height of 5.14 metres (16.8 feet) and an increase in floor area of 146.3 square w metres (1,575.0 square feet), on lands municipally known as 5363 Line 9 North, Township of Oro-Medonte, be deferred to 6 provide the applicants with the opportunity to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans. n v 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's m signature. =' m n n v v o m =3 m o 3 _D N l-f -IE�LGVIGCI% N � Praiir(HrrilnRr,Ezrifing Ferliirr (p CD 5D 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... 7oa nsh' o f Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-040 Development Services Derek Witlib Committee Acting Director, Development Services Meeting Date: Subject: Motion # May 3, 2023 Minor Variance Application 2023-A-18 Roll #: Rod & Val Kunynetz R.M.S. File #: 4346-010-008-24000 243 Lakeshore Road West D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-040 be received and adopted. 2. That Minor Variance Application 2023-A-18 by Rod & Val Kunynetz, specifically to permit the construction of a new dwelling with a minimum setback of 15 metres from the average high water mark of Lake Simcoe, a minimum westerly interior side yard of 1.15 metres, a minimum easterly exterior side yard of 4.12 metres and a maximum height of 11.39 metres, on lands municipally known as 243 Lakeshore Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-040. 3. The conditions are as follows: a) That notwithstanding Table B1 of Zoning By-law 97-95, the proposed single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling 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 maintains and preserves the existing vegetative buffer along the easterly property line, or replaces it with a similar vegetative buffer if destroyed; d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the dwelling is located no closer than 15 metres from the average high water mark of Lake Simcoe (219.15 m.a.s.I.), 1 .15 metres from the Development Services May 3, 2023 Report No. DS2023-040 Page 1 of 18 Page 195 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... westerly interior side lot line and 4.12 metres from the easterly exterior side lot line; and e) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority (LSRCA) Permit, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject lands are located at 243 Lakeshore Road West and currently support a 1 .5- storey single detached dwelling with an attached garage and an attached boathouse. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2). The purpose of Minor Variance Application 2023-A-18 is to permit the replacement of the existing dwelling with a new 2-storey dwelling, which is to also include an attached garage and attached boathouse. The applicants have requested relief from the following sections of Zoning By-law 97-95, as amended: Section 4.0, Table B1 Standards for Single Detached Dwelling in Shoreline Residential SR Zone 1 Minimum Setback from Average Required: 20 m Proposed: 15 m High Water Mark of Lake Simcoe 2 Minimum Interior Side Yard Required: 3 m Proposed: 1.15 m 3 Minimum Exterior Side Yard Required: 7.5 m Proposed: 4.12 m 4 Maximum Height Required: 11 m Proposed: 11.39 m The applicants' site plan is included as Schedule 3 to this report and elevation drawings are included as Schedule 4. Analysis: Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Development Services May 3, 2023 Report No. DS2023-040 Page 2 of 18 Page 196 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development is not anticipated to impact any natural features or functions. 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 single detached dwelling is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are already within an established shoreline residential area. 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. In accordance with Section 6.45-DP(c), "expansion to existing buildings...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 of 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 it will not encroach any closer to the lake than the existing dwelling. The subject property is located within the LSRCA's regulated area. The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated the subject application and at the time of writing this report, no comments have been received. Committee shall have regard to any comments received. Condition d) to this report requires an LSRCA permit should it be required. On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1.5 million homes over the next 10 years. Section 28 of the Conservation Authorities Act, which speaks to regulation of areas over which conservation authorities have jurisdiction, was amended with the following new policies: Development Services May 3, 2023 Report No. DS2023-040 Page 3 of 18 Page 197 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... "Same, Planning Act (4.1) Subject to subsection (4.2), the prohibition in subsection (1) do not apply to an activity within a municipality prescribed by the regulation if, (a) the activity is part of development authorized under the Planning Act; and, (b) such conditions and restrictions as may be prescribed for obtaining the exception and on carrying out the activity are satisfied. Same (4.2) If a regulation prescribes activities, areas of municipalities or types of authorizations under the Planning Act for the purposes of this subsection, or prescribes any other conditions or restrictions relating to an exception under subsection (4.1), the exception applies only in respect of such activities, areas, and authorizations and subject to such conditions and restrictions." More clearly, any development that is authorized by the Planning Act is exempt from Conservation Authority approval. This particular Bill 23 change is not in effect yet and will come into force on a day to be named by proclamation of the Lieutenant Governor. Until such time, the subject lands are regulated by the LSRCA and the applicants will be required to obtain a LSRCA Permit prior to submitting their Building Permit application. The requirement for a LSRCA Permit has been included as a recommended condition of approval. County Official Plan The property is designated Rural in Simcoe County's Official Plan (refer to Schedule 5). The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed single detached dwelling 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: Do the variances 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 Development Services May 3, 2023 Report No. DS2023-040 Page 4 of 18 Page 198 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... 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 Shoreline in the Township's Official Plan (refer to Schedule 5). The intent of the Shoreline Designation is: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings. On this basis, the requested variance for the replacement of an existing single detached dwelling on a serviceable lot, within an established residential area and proposing no alterations to the Lake Simcoe shoreline, is considered to conform to the current Official Plan. Adopted (not yet in effect) Updated Official Plan The Township's adopted (not yet in effect) updated Official Plan (OP) designates the subject lands as Shoreline (refer to Schedule 6). The objectives of the Plan with respect to Shoreline areas are to: • Ensure that the existing character of this predominately residential area shall be maintained; • Ensure that new development on the undeveloped lands in the Shoreline designation is properly serviced with appropriate water and sewage services; • Ensure that all existing sewage systems are upgraded wherever possible; • the natural features of the shoreline area and the immediate shoreline shall be conserved and, where possible, enhanced, and, • Ensure that the impacts of new development on the natural heritage features and areas, vegetation and groundwater resources in the area are minimized. Permitted uses in the Shoreline designation include single detached dwellings. Planning Staff considered the proposed application within the context of the surrounding shoreline residential properties and the established character and built form of the shoreline area. Upon site visit, Planning Staff noted that the proposed dwelling will not stand-out, look out of place or detract from the character of this shoreline residential area in which several lots have previously been redeveloped with newer dwellings. The Owners will be required to obtain a Building Permit for the proposed dwelling and the septic system. Furthermore, as the proposed dwelling would come no closer to Lake Simcoe than the existing dwelling and would include a porch set farther back from the Development Services May 3, 2023 Report No. DS2023-040 Page 5 of 18 Page 199 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... lake than the existing deck, no new impacts are anticipated to the shoreline and the nature of the development will not affect any natural features or functions. On this basis, the requested variance for a new single detached dwelling conforms to the adopted Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The minimum required setback from Lake Simcoe is intended to provide a buffer between structures and the shoreline that helps to protect structures from flooding, erosion and ice pile-up, as well provides space for a landscaped and/or naturally vegetated buffer which helps to mitigate impacts on Lake Simcoe. While the Zoning By- law requires a minimum setback of 20 metres from the average high water mark, the proposed new dwelling is to be setback 15 metres, which is consistent with the LSRCA's 15 metre setback requirement, matches the setback of the existing dwelling and appears to also approximately matches the setback of the dwelling located on the neighbouring property to the east. In Planning Staff's opinion, this would have no new or aggravating impact on Lake Simcoe and would enable the septic system to remain on the inland side of dwelling, thus away from the lake. The Zoning By-law's requirement for a minimum interior side yard setback of 3.0 metres is intended to provide spatial separation between properties, as well as provide space for access, maintenance and drainage around buildings and structures. The applicant is proposing a westerly interior side yard of 1 .15 metres which matches the setback of the existing dwelling and in Planning Staff's opinion, is adequate for the intended purposes, without reducing the spatial separation from the neighbouring property. The proposed setback is also necessary so that the attached boathouse can utilize the existing permanent marine railway on the property. The Zoning By-law's requirement for a minimum exterior side yard setback of 4.5 metres is intended for corner lots in order that both street frontages have larger setbacks to accommodate driveways and parking, and to match the front yard setbacks of interior lots on both streets. In this case the corner street (McArthur Street) is a short, unimproved section of road allowance with no driveway into the subject lands, no fronting development, no potential for any future fronting development, and which provides pedestrian access to the shoreline. Under these circumstances, the applicants' proposed reduced setback of 4.12 metres will not affect the purpose and intent of the Zoning By-law. While the proposed development will encroach into and require the removal of portions of a mature cedar hedge adjacent to McArthur Street, Planning Staff notes that the hedge is located on the applicants' property, and that any loss of privacy resulting from any removal of or damage to the hedge would primarily impact the applicants' property and not impact the privacy of any other properties. Nevertheless, in the interest of maintaining a level of privacy for the applicants and for the public walking down the road allowance to the lake, Planning Staff have recommended as a condition of approval the applicants provide remedial planting, if needed. Development Services May 3, 2023 Report No. DS2023-040 Page 6 of 18 Page 200 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... With respect to the applicants' requested increase to the permitted building height from 11 metres to 11.39 metres, Planning Staff considers the deviation to be sufficiently minor so as to be indistinguishable to the naked eye. For the reasons outlined above, the requested variance is considered to meet the general intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff's overall assessment is that the proposed development is that it would have no new or aggravating negative impacts on Lake Simcoe or on the existing neighbourhood in comparison to the existing development on the lot. The lands would still retain adequate space for functional matters such as a septic system, well, parking and outdoor amenity area. Prior to issuance of a Building Permit, the owner would be required to prepare an Engineered Lot Grading (ELG) Plan, subject to municipal approval. The ELG plan will ensure that water drainage resulting from the proposed will be mitigated on the subject lands and will not impact the neighbouring lots. 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 variances are minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services May 3, 2023 Report No. DS2023-040 Page 7 of 18 Page 201 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Township Operations Division — No objections. Proposed/revised entrance is to conform to Entrance By-law 2017-076. • Fred Stott, 242 Lakeshore Road West — Correspondence dated April 26, 2023 expressing concerns regarding impacts on the hedge adjacent to McArthur Street; that a 7.5 metre setback be maintained; impacts of run-off on health of Lake Simcoe; sun shading; building seems the wrong size / configuration for the lot; and too many variances. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Applicants' Elevation Drawings Schedule 5: County Official Plan Land Use Schedule 6: Current Township Official Plan Land Use Schedule 7: Adopted Township Official Plan Land Use Schedule 8: Existing Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-18 be approved 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. Development Services May 3, 2023 Report No. DS2023-040 Page 8 of 18 Page 202 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... Respectfully submitted: Derek Witlib, RPP, Acting Director, Development Services Schedule 1: Location Map --Rd.— - ` iJ -MoenARRe�� r orseshee VaRa}11d. OItlB;.�e'Rd, C i� 25fl 6 4 2 290 28fi 282 278 220 6 m 1 �=Lake`srioreRd Win fields Dr.E, _� Q �I 10 20 1210 8 2 275 269 9 4 L�akio e3 iew Rd. •'L-n:IQVT N1, ! 233 2 1t 219 11 8 fl Q� 8 ��_� - 1161 85 1 11 10 9 1173 15 12 E 11 38 277 20 so 1185 a 14 ly edi 1195 y�ood F24 or`estiRd• ga =Ln. 7 G5e0Y1 11 I, 29 1 3 5 Kempenfelt Bay Lake simco Location � " Subject Lands 0'Iowtrsltipgt Proud Heritage,Exciting Future `r1 0 loom File Number:2023-A-18 Development Services May 3, 2023 Report No. DS2023-040 Page 9 of 18 Page 203 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... Schedule 2: Aerial Photo —V—y Rd,— 246 M...mne.Rd. Lakeshore _ .►r`..t 2aal 242 HurseshoeValieyRd� old9a�rrieRd� � •" ``Rid9e�IX r.., FU C . i 243 249 251 235 233 Aerial Subject Lands Tntvnshrp of Proud Heritage,Exciting Future 0 100 M File Number:2023-A-18 i J Development Services May 3, 2023 Report No. DS2023-040 Page 10 of 18 Page 204 of 322 6.g) 7.00 p.m.- DS2023-040, Derek Witlib, Acting Director, Development S... Schedule 3: Applicants' Site Plan and Detail --- l 0 IXTCH I.6. Trim Balk Ex.Ux Cedars UP EN71 800"E � (7sa1 as Required.[Make rcud7 ii 1 UB% 7524 lip cCP Sft IA TOP OF F I.B. him Back fxi.5tinp Cedars 1 j­pi,•a 1 41 as RequireL.(Make Goad) 4 I i New Ceia I——— 6 � � it Tree Line -_ _ ___--- .. �_.� � New Cedar E ���.G�- i Tree Line - Septic Design by `' Others pp Q m S-j,7r.a m A I 3�'g� 2g9 I Septic O N I I Tenk LU¢ C4 7 � W v E cc r0 lY-e 1Ja' >- 6 ' I -- I 4-17 m '� N I ' a co Prcoos?d - m J I -,New ad, I Ij ICzneratc, 'Propased 2 Starey - - Cottage,-- WOODI (.,267CIVIC) RA W w ' W I NLv_ 5 ror I ;3° a lf4' -_6 Setback Gam L U I 7rpppcF.; r _... I 1 ?19.15m ton00ur �' m i [ r l; x 7 ack frL 111 ^� � I HI I1':ii[ 1 nri',.1:1. 7 A i contour ,,. Tb 2z7fi 6 I.t CN015 k..L ^� �+ n MV-2 PE I T 12 1.2 mlel I �e I - woG°oEGi 17.1"CCNC. �D Q w ___ 41 XMLBo V€LL s g9c w Stt� v _� 779 ''. 05q VI �. $ Vim" �,•(2 �r 7 27gg5 Axel `. p`+�tJ71'°55'0561 �e p L .t9 e� -__----- I� 219,,5C°N cxm f Development Services May 3, 2023 Report No. DS2023-040 Page 11 of 18 Page 205 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... .t � ,,,r�;, ��PC`0�305�d�RO Z Storey -������� 'Pad ^� + Cottage-- I rAFI AGE I 13'-8 1/4" Proposed I I15 4.17 m I Boathouse � j'' 1JLI' - ii 1!t" j !HIrIh Watermark FrGntagc X"91 t"'V0 L._,', r Proposed I 1,17 .I 7 Poreh I �Ba 172I 0'o rn e esi 111/8" A I �I z �+j6 _ WOODt}ECK 1.1- I CONC- t I WE CASING 0 V1Ci3 V6d TS ti. a. II adr . 2.9 W 8 o CO TIP0 00 30.50 01 _Ml ww M co 219.15CpflfTOUR t / Development Services May 3, 2023 Report No. DS2023-040 Page 12 of 18 Page 206 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... Schedule 4: Elevations Roadside View: 44)0 Sketch Lakeside View: 440 Sketch Lot Development Services May 3, 2023 Report No. DS2023-040 Page 13 of 18 Page 207 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... West Elevation: East Elevation: Eaaa Ekv�, � =- Development Services May 3, 2023 Report No. DS2023-040 Page 14 of 18 Page 208 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... Schedule 5: County Official Plan Land Use -Vasey.RE.— 0'-- -Maonstone.R3� idge Rd.JN. Horseshoe Nalley�Rd 1F:id9eNRaa" 117 C J m_ N N Wind fie ldsLakeshore 3 � Lakeview Rd. luriiper fin.(P�IY) �tu Q a 0 L m y a County of Simcoe — Land Use _ =3 Subject Lands Agricultural ~ � Greenlands Township of Rural Proud Heritage,Exciting Future 300 M File Number:2023-A-18 N i Development Services May 3, 2023 Report No. DS2023-040 Page 15 of 18 Page 209 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... Schedule 6: Current Township Official Plan Land Use �V asey�Rd.� -Moon-n,Rd� �, Ridge_Rd.1N. c J H or ses hce�V a I I ey-R d. -Rid d LO v c J m K Windfields Dr.E. Lakeshore Rd. L r+ — Lakeview Rd. Juniper Ln.(PVT) a a' � w ar q Y al y'I Township Official Plan - Land Use QEnvironmental Protection Two r.J Subject Lands 0 Rural 0 Agricultural OShoreline Tawnshipaf�j Proud Heritage,Exciting Future 11 300 M File Number:2023-A-18 L. I I 1 Development Services May 3, 2023 Report No. DS2023-040 Page 16 of 18 Page 210 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... Schedule 7: Adopted Township Official Plan Land Use .MooiistoncRd. "' L I _ HeneehoeYalleyRd� — -old-6arrie.R —Ridger��-' N w CI ,zirn Windfields Dr.E. Lakeshore Rd._)N' CD Lakeview Rd. juniper i.n• di—" ai 3 o Kempenfelt • U Y, Bay al N' Greenw ood Forest Rd &alsam=Ln.� Township Adopted Official Plan (2022) - Land Use Mb subject Lands Greenlands � Rural Toumshrp of Shoreline Proud Heritage,Exciting Future o 300 m File Number:2023-A-18 Development Services May 3, 2023 Report No. DS2023-040 Page 17 of 18 Page 211 of 322 6.g) 7.00 p.m.: DS2023-040, Derek Witlib, Acting Director, Development S... Schedule 8: Existing Zoning —YaseyRd.— = AJRU A/RU v -MounstaneRdx.al ti C 4 Horseshce•Valley-Rd� nldsarrieRtl�^ C. —Ridge ° PR*174{H)' t/j A(RU N t J EP*172{H) RUR1*84 RUR1 SR rn I Windfields Dr.E. C_ Lakesfiore Rd.w• v � C i a Lakeview Rd. Zn_(PVT;) cisAr W U sR SR 14 SR ti Os al QI_ SR S SR Or--SR V Y; O5 a y empenfelt OS _ nWO dForestRd• balsam-L-n. Bay R SR RLS OS SR Existing Zoning � I RURY(Rural Residential One) ® SR(Shoreline Residential) ^`4 `D Subject Lands (� RLS(Residential Limited Service) TUwnshi'Of 0 LC(Local Commercial) AIRU(Agricultural/Rural) EP(Environmental Protection) Proud Heritage,Exciting Future 0 OS(Open Space) f _ PR(Private Recreational) ,—,/! 0 175 Meters File Number:2023-A-18 /V I Development Services May 3, 2023 Report No. DS2023-040 Page 18 of 18 Page 212 of 322 Minor Variance Application 2023-A-18 (Kunynetz) Location: 243 Lakeshore Road West o Zoning: Shoreline Residential (SR) ;I N 0 N Official Plan: Shoreline a �r iL;� o 0 >az na �Im L L u_Rtl W -J I�J�I I.� 0 Wk¢sh .--W dF Itl Di.-FI E. c` I �� _- -ioa s d.z 11 IPV 4 \ I Iu Ih �°Current Use: Residential a �85 0m �S'Fufps(kd 3dm1. KemPenfelt l� Bay Y F Lake � Simme � v (D W n O N ViroGl^efl��K�CG(!I N Pr-d Heritage,Exciting Fufure G O 3 .-f V! Minor Variance Application 2023-A-18 (Kunynetz) Purpose: The applicant is proposing to construct a new 2-storey dwelling and is seeking relief from the following sections of Zoning By-law 97-95, as amended: Section 4.0, Table 131 0 07 Standards for Single Detached Dwelling in Shoreline Residential (SR) Zone o w 0 1 Minimum Setback from Average Required: 20 m Proposed: 15 m o High Water Mark of Lake Simcoe o CD CD 2 Minimum Interior Side Yard Required: 3 m Proposed: 1.15 m 3 Minimum Exterior Side Yard Required: 7.5 m Proposed: 4.12 m 7 D 4 Maximum Height Required: 11 m Proposed: 11.39 m cQ cQ 0 C. o o t9wnship of N �To � o Praiir(HrrinRr,Ezrifing Ferliirr G CD 0 3 CD .-f V! Minor Variance Application 2023-A-18 (Kunynetz) Aerial Photo: 3 V!/0/^� N O W O as O 0 (D 2 psi (D 7 D =. v � cQ 0 m C. 0 W (� p o N N Pr—d Heritage,Exciting Fufurr G CD 0 3 CD .-f V! Minor Variance Application 2023-A-18 (Kunynetz) Existing Zoning:, °'°° "" 3 0 CD O W O O CD ` Subject Lands CD Wi°tltieltls Or.E. ° Lakeshore�N 0 RURI (Rural Residential one) ak Rd. tin_R`/kl fs sa sa=u r-f 0 SR(Shoreline Residential) - 0 RLS(Residential Limited Service) a 4':_a 7 0 LC(Local Commercial) Bay � empenfelt a�-a-°�a Bay ' 0 A/RU (Agricultural/Rural) G,°e�w°° s� \ cQ c EP (Environmental Protection) p m ^' OS (©pen Space) CD 6' PR(Private Recreational) 0 N CD Pr—d Heritage,Ex W,,g Fufurr G 0 0 3 0 .-f V! Minor Variance Application 2023-A-18 (Kunynetz) Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: P d9 CD eRa 0 _ W 0 0 - o CID CID �g a a K Bayf t n s � e el s Environmental Protection Two GreelllarldS Agricultural 0 m �. N_ �,RuralCID Rural Greenlands n v �Agricultural O o shoreline Shoreline Rural N ettPi 0 N Pr—d Heritage,Exciting Fufurr G 0 0 3 0 .-f V! Minor Variance Application 2023-A-18 (Kunynetz) ad . Applicant's Site Plan: 6� w O I P.Devan bV �` s O Pra eted 2-Stare 0 caw (p m _ _ \m �yyY4 ^V 00 w t9r N o Pranr(Hrri�nRr,Ezrifing Ferlinr G 0 0 3 0 .-f V! Minor Variance Application 2023-A-18 (Kunynetz) Applicant's Site Plan Detail: z� � I'�' Proposed 2-Storey e-JFZ7 Cottage 0 - 4.17 m 0 tw 130 � � .High Wa k r ncage N b 2 mab .'1 rvOG�mECK I �-mrvC. - - (D \ SIEFg � 0 Pr—d Heritage,Exciting Fufurr G 0 0 3 0 .-f V! Minor Variance Application 2023-A-18 (Kunynetz) Applicant's Elevation Drawings: 3 0 1411 Sketch 440 Sketch N O W m CD v � cQ 0 m N m N O 0 N V2tPi CDN Pr—d Heritage,Exciting Fut,,e G 0 0 3 0 .-f V! Minor Variance Application 2023-A-18 (Kunynetz) Applicant's Elevation Drawings: 3 0 CD N --" O N _ W O CD v � m 0 N CD N CD o Praiir(Hrri�nRr,Ezrifing Ferliirr G CD O 3 CD .-f V! Minor Variance Application 2023-A-18 (Kunynetz) 1 0 —;i p — r - � � 0 a — — _�_ CD O CD (D Lakeshore Road West Lakeshore Road West Notice sign posted N � N looking east looking west �� so 0 N 0 Township N lJi2tPi (D Pr—d Heritage,Exciting Fut,,e G 0 0 3 0 .-f V! Minor Variance Application 2023-A-18 (Kunynetz) ti o CD N CD lV t� e Cr Roadside view of existing dwelling Subject lands o N �p N � W N V1Y/G'� C Pr-d Heritage,Exciting Fufurr G 0 0 3 0 .-f V! Minor Variance Application 2023-A-18 (Kunynetz) f � Al Y N N ram; ,f W j O ## n Existing dwelling Existing Dwelling & Marine Railway rIj CD -PI (foreground) & neighboring dwelling (background) -090, s>9 N �i�ohie,�ttPi 0 N Pr-d Heritage,Exciting Fufurr G 0 0 3 0 .-f V! Minor Variance Application 2023-A-18 (Kunynetz) W o r� CD N O W — t � O O 0 *ems (D CD N Interior side yard Interior side yard - o looking north looking South�,, � oN P-4 Heritage,Exciting Fufurr G 0 0 3 0 .-f V! Minor Variance Application 2023-A-18 (Kunynetz) l CD Y° c F A t14. W Y ZtTVAI CD .- (D Exterior side yard w Exterior side yard o N looking north looking Sout..,' N (4 � o N P-4 Heritage,Exciting Fufurr G 0 0 3 0 .-f V! Minor Variance Application 2023-A-18 (Kunynetz) O CD ON ONi o m m D McArthur Street Applicant's Existing Dwelling o N Unimproved Road Allowance viewed from McArthur Street 0 C Pr—d Heritage,Exciting Fufurr G CD 0 3 CD .-f V! Minor Variance Application 2023-A-18 (Kunynetz) Recommendation: Approve It is recommended: _P 3 1. That Report No. DS2023-040 be received and adopted. 0 0) 2. That Minor Variance Application 2023-A-18 by Rod &Val Kunynetz, specifically to permit the construction of a new dwelling with o a minimum setback of 15 metres from the average high water mark of Lake Simcoe, a minimum westerly interior side yard of w 1.15 metres, a minimum easterly exterior side yard of 4.12 metres and a maximum height of 11.39 metres, on lands municipally o known as 243 Lakeshore Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report o DS2023-040. _ 0 (D 3. The conditions are as follows: m a) That notwithstanding Table B1 of Zoning By-law 97-95, the proposed single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 7 c) That the applicant maintains and preserves the existing vegetative buffer along the easterly property line, or replaces it with a similar vegetative buffer if destroyed; v d) That the applicants submit to the satisfaction of the Lake Simcoe Region Conservation Authority a shoreline planting plan cQ CD consisting of natural self-sustaining vegetation; 0 N (D N 00 p � O Toumship of N (I� � o Prair(HnilnRr,Esrrlinq Ferhirr G O .-f V! Minor Variance Application 2023-A-18 (Kunynetz) Recommendation (cont'd): Approve e) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify by P pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing,the foundation,that the dwelling is located no closer than 15 metres from the average high water mark of Lake p Simcoe(219.15 m.a.s.l.), 1.15 metres from the westerly interior side lot line and 4.12 metres from the easterly exterior side lot N line; and o f) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority(LSRCA) Permit, Engineered Lot w Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and o binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. _P� 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. 0 m m 7 D =. v � cQ 0 m N (D co N 0 O Township of Prair(HnilnRr,Esrrlinq Ferhirr G 0 0 3 0 .-f V! 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re: Consent... 7oa nsh' o f Report Proud Heritage, Exciting Future Report No. To: Development Services Prepared By: DS2023-036 Committee Andy Karaiskakis, Senior Planner Meeting Date: Subject: Motion # May 3, 2023 Consent Application 2023-B-03 by Brenda Nightingale Roll #: 83 Hummingbird Hill Road R.M.S. File #: 4346-020-009-23200 D10-61031 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2023-036 be received and adopted. 2. That Consent Application 2023-B-03 by Brenda Nightingale, to permit a boundary adjustment having a lot frontage of approximately 19.5 metres (64.0 feet), a lot depth of approximately 80.0 metres (262.4 feet) and an area of approximately 0.16 hectares (0.41 acres) to be added to the property legally described as Part Lot 68, Concession 2, Part 1 on 51 R-10109, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-036. 3. The conditions for Consent Application 2022-B-21 are as follows: a) That the severed lands with an area of approximately 0.16 hectares (0.41 acres) be merged in title with the abutting property to the east, described as Part Lot 68, Concession 2, Part 1 on 51 R-10109 (Medonte), and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary- Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land dimensioned to the satisfaction of the Director, Operations and Development Services May 3, 2023 Report No. DS2023-036 Page 1 of 14 Page 230 of 322 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re: Consent... Community Services, that said parcel be deeded gratuitously to the Township for road purposes; that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that all costs associated with the dedication be born the Owner. Alternatively, the applicant can apply for the issuance of a Certificate of Cancellation. c) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 5 metre by 5 metre daylight triangle on the north-east corner of the subject lands at the intersection of Hummingbird Hill Road and Line 2 North, dimensioned to the satisfaction of the Township's Director, Operations and Community Services. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylight triangle with Hummingbird Hill Road as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. d) That all municipal taxes be paid to the Township of Oro-Medonte. e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. g) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. h) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 3, 2023 Report No. DS2023-036 Page 2 of 14 Page 231 of 322 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re: Consent... Background: The subject lands have a total lot area of approximately 19.2 hectares (47.4 acres) and are located on the south side of Hummingbird Hill Road. The subject lands support a single detached dwelling and several agricultural buildings. Surrounding land uses consist mostly of agricultural uses and scattered rural residential lots (refer to Schedules 1 and 2). The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment (refer to Schedule 3), as noted below: Lands to be Severed Lands to be Retained Total Merged lands (Part from 83 Hummingbird (83 Hummingbird Hill Lot 68, Concession 2, Hill Rd and Added to Rd) Part 1 on 51 R-10109 Part Lot 68, (Medonte)) Concession 2, Part 1 on 51 R-10109 Medonte Frontage: Approximately 19.5 m Approximately 434.2 m Approximately 50.0 m 64.0 ft. 1,424.5 ft. 164.0 ft. Depth: Approximately 80.0 m Approximately 380.3 m Approximately 80.0 m 262.4 ft. 1,247.7 ft. 262.4 ft. Area: Approximately 0.16 ha Approximately 19.2 ha Approximately 0.4 ha (0.9 0.41 ac. 47.5 ac. ac. Use: Vacant/Agricultural Residential/Agricultural Future 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. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Lot adjustments may be permitted for legal or technical reasons (Section 2.3.4.2) including boundary adjustments which do not result in the creation of a new lot. Based on the above, the proposed boundary adjustment is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Development Services May 3, 2023 Report No. DS2023-036 Page 3 of 14 Page 232 of 322 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re: Consent... Planning Staff is of the opinion that the proposed application conforms to this section as the application will not result in the creation of a new lot or new development and therefore will not adversely affect the protection of agricultural uses. 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. Section 4.2.6 Agricultural Systems has been evaluated in regards to the proposed application and Planning Staff is of the opinion that the Growth Plan's objectives of protecting agricultural lands for long-term agricultural use will continue to be met and this application, if approved, will have no negative impact on the Province's Agricultural System. The Growth Plan defines development and site alteration as: Development: The creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act, but does not include: a) activities that create or maintain infrastructure authorized under an environmental assessment process, or b) works subject to the Drainage Act. Site Alteration: Activities, such as grading, excavation and the placement of fill that would change the landform and natural vegetative characteristics of a site. Having considered the above-noted policies and definitions, Planning Staff is of the opinion that since there will be no new lot created, and no change in land use as a result of this application, the proposed boundary adjustment is permitted as the application conforms to the Agricultural System policies of the Growth Plan. County of Simcoe Official Plan The severed lands and the benefitting lands are designated `Agricultural' in the County of Simcoe Official Plan (refer to Schedule 4). Section 3.3.5 of the County's Official Plan contains policies relating to boundary adjustment and states that "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.19). The purpose of this application is to reconfigure lot lines, would not create new lots but would increase the size of an existing lot. The County Planning Department has been circulated the subject application and comments received by the County indicate that the County has no objection to the application as proposed as Section 3.3.5 of the County's OP would permit consents for legal or technical reasons, such as a minor boundary adjustment. Development Services May 3, 2023 Report No. DS2023-036 Page 4 of 14 Page 233 of 322 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re: Consent... 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 severed lands and the benefitting lands are designated Agricultural in the Township's existing Official Plan (1997) and in the Adopted Official Plan (2022) (refer to Schedules 5 and 6). 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; • 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 policies of the Agricultural designation in the current OP do not specifically address boundary adjustments, but policy guidance with respect to boundary adjustments is found in Section D2.2.2 of the OP. Section D2.2.2 states that "[a] consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created [and] the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan". The lands to be severed are not currently under cultivation or suitable for cultivation and therefore the proposed boundary adjustment would not take any agricultural land out of production. Planning Staff is of the opinion that this application, if approved, will not negatively affect the functionality or viability of the retained parcel. It should be noted that the lands that are the subject to boundary adjustment are identified as Class 5-7 lands according to the Canada Land Inventory. The Government of Canada's website for determining land capability for agriculture states that Class 5 soils are those that have very severe limitations that restrict their capability in producing perennial forage crops; Class 6 soils are capable of producing perennial forage crops; and Class 7 soils have no capacity for arable culture or permanent pasture. Development Services May 3, 2023 Report No. DS2023-036 Page 5 of 14 Page 234 of 322 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re: Consent... On the basis of the preceding, it is Planning Staff's opinion that the application conforms to the Township's Official Plan. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The severed lands and the benefitting lands are currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended (refer to Schedule 7). Table B4 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 Agricultural/Rural (A/RU) Zone. The benefitting parcel has a lot area of 0.2 hectares; as a result of the boundary adjustment the parcel would increase its lot size to 0.4 hectares. The lot configurations that would result from this 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 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is my opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • 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 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 May 3, 2023 Report No. DS2023-036 Page 6 of 14 Page 235 of 322 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re: Consent... 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 — Operations will require a 5.Om x 5.Om daylight triangle at the corner of Line 2 North and Hummingbird Hill. • Township Development Engineering — No objection. • County of Simcoe — no objection to the application as proposed. • Hiawatha First Nation — no comments. • Myrna Arlene Bissette, 6007 Line 2 North — do not support this request. Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: County of Simcoe — Land Use Schedule 5: Township Official Plan — Land Use Schedule 6: Township Adopted Official Plan — Land Use Schedule 7: Existing Zoning Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2023-B-03 for the purposes of a boundary adjustment be approved subject to the conditions as outlined in the recommendations; and on the basis that the application is consistent with the Provincial Policy Statement, conforms to the Growth Plan, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP Senior Planner Approvals: Date: Derek Witlib, RPP April 28, 2023 Acting Director, Development Services Development Services May 3, 2023 Report No. DS2023-036 Page 7 of 14 Page 236 of 322 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re: Consent... Schedule 1: Location Map �VascY-Rd.— Moon—Rd.,t-� Horseshoe Va11,Rd,\1 —Old Banie-Rd. �Rid9e�RoVd Hummingbird Hill Rd. 105 6007 1049 83 Z C%l d C J 1017 Location "4 Subject Lands Tnumsh' of Proud Heritage,Exciting Future 1rJ 0 loom File Number:2023-6-03 Development Services May 3, 2023 Report No. DS2023-036 Page 8 of 14 Page 237 of 322 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re: Consent... Schedule 2: Aerial Photo —V—y Rd,— 594;4'i -MaonstoneRd� � HurseshoeValieyRd� OIdRariand� N —Ridg—" Z N v C J �I l Hummingbird Hill 83 Aerial ® Subject Lands Township of Proud Heritage,Exciting Future 0 100 m File Number:2023-6-03 N Ili i l Development Services May 3, 2023 Report No. DS2023-036 Page 9 of 14 Page 238 of 322 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re- Consent... Schedule 3: Proposed Boundary Adjustment 0 101 20 30 SCALE - 1.500 o HUMMINGBIRD HILL ROAD HUMMINGBIRD HILL ROAD w°�ze I.B. tW.W1ZF 30.C48D-.. 5,1.0. L5Qr=N 50n I I. ^Y Gine.rbn.oa Rio.— :rwres>xa.r+ �1a os�.a—uenoi cs p �LOT FRONTAGE LINE 8� s LANDS To BE ADDED `D ,TO PART LOT 68, m CONCESSION 2, PART 1 { ON 51 R-10109 I z ;w VJ c� (EXISITING) w I" z PART 1 tip © CV)' AREA= 0.232 ha. w�'" o V z t z w oz �5 O L] iq0 IL) z 2V3 I(NEW) w w ° zU ART 1 w w A= 0.4 ha. U M ' k 19 w pi z k ¢ 0a _J " 11'� rGs { ICJ 0 E Goan m ❑ Q 0 ❑ xem E 112 LOT 65, a CONCESSION_ 2 20 117 8 W !O R L Z a an rya•i .aa ' "� -B. '",.F 1NSi NO 72n02 m�n6 o 10.— au � Proposed Boundary Adjustment �� ft Prnsd Heritage,Fx6rhkt,FrltMrr File Numher 2023-B-03 Development Services May 3, 2023 Report No. DS2023-036 Page 10 of 14 Page 239 of 322 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re: Consent... Schedule 4: County Official Plan — Land Use _vazey,pd�p t�ftr—h— C;R°a Hummingbird Hill Rd. I< z N U] C J County of Simcoe — Land Use =3 Subject Lands Agricultural ��Qj Greenlands T i(wtQatvnshr' o 4 Rural -,/� Proud Heritage,Exciting Future 0 File Number:2023-B 300 m-D3 N —J Development Services May 3, 2023 Report No. DS2023-036 Page 11 of 14 Page 240 of 322 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re- Consent... Schedule 5: Township Official Plan — Land Use —YaseyRd.— _ -Mounstane Rdx.al rlorseshce•Valley-Rd� tlldsarrieRtl�r C. �Fidge�fteod -- Hummingbird Hill Rd. L Z ry w c J Township Official Plan - Land Use Rural Ci Subject Lands 0 Agricultural Torrmsl:ip of Proud Heritage,Exciting Future 0 300 m File Number.2023-ZBA-05 I I Development Services May 3, 2023 Report No. DS2023-036 Page 12 of 14 Page 241 of 322 6.h) 7.10 p.m.- DS2023-036, Andy Karaiskakis, Senior Planner re. Consent... Schedule 6: Township Adopted Official Plan - Land Use —Vasey'Rd. .M.—t—RRdd.+..�\ Horsesh//oe valley Rtl. i OldAxrrie.Rd. '�Ridgerq°ad„� I Hummingbird Hill Rd. r� i i 'E. L FE N C_ J Township Adopted Official Plan (2022) - Land Use Mile Subject Lands Agricultural ��A Greenlands Taum:hrp��i2,�C�i Rural Proud Heritage,Exciting Future 0 300 M File Number:2D23-B-03 N I I I I Development Services May 3, 2023 Report No. DS2023-036 Page 13 of 14 Page 242 of 322 6.h) 7.10 p.m.: DS2023-036, Andy Karaiskakis, Senior Planner re- Consent... Schedule 7: Existing Zoning —YaseyRd.— -Monnstane Rdrv� A(RU Hors�snce•vauey-Rd� ald.earrjeRtl� EP _ —Ridge R Af RU*229 AJRU*220 Hummingbird Hill Rd. L� AfRU Z N y EP C J AJRU(H) Existing Zoning , ` �— 4 �r 1 Subject Lands A/RU(Agricultural/Rural) _ EP(Environmental Protection) Township o� Proud Heritage,Exciting Future 0 File Number:2023-6-03 �V J Meters j i 1 Development Services May 3, 2023 Report No. DS2023-036 Page 14 of 14 Page 243 of 322 Consent Application 2023-B-03 (Nightingale) Location: 83 Hummingbird Hill �..�,7- Road .0...... .. CD Zoning: Agricultural/Rural (A/RU) _Hmnmingbyd WHO Rd. o ,os eoo, w 0 co Official Plan: Agricultural o<s a3 =3 Current Use: Vacant v v v vCD o„ co o. N � N „ m N � Pr-d Heritage,Exciting Fufurr l J O U) CD .-f Consent Application 2023-B-03 (Nightingale) Purpose: The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment/lot addition as noted below: 3 Lands to be Severed Lands to be Retained Total Merged lands 0 from (83 Hummingbird Hill (Part Lot 68, Concession o 83 Hummingbird Hill Rd) 2, Part 1 on 51R-10109 w Rd and Added to Part (Medonte)) 0 Lot 68, Concession 2, rn Part 1 on 51 R-10109 D (Medonte) =3 Frontage: Approximately 19.5 m Approximately 434.2 m Approximately 50.0 m (64.0 ft.) (1,424.5 ft.) (164.0 ft.) v Depth: Approximately 80.0 m Approximately 380.3 m Approximately 80.0 m v (262.4 ft.) (1,247.7 ft.) (262.4 ft.) Area: Approximately 0.16 ha Approximately 19.2 ha Approximately 0.4 ha (0.9 (0.41 ac.) (47.5 ac.) ac.) v Use: Vacant/Agricultural Residential/Agricultural Future Residential m No new lots are proposed as a result of the boundary adjustment/lot addition. o N � C O N C�/�Q� � CD N CD Praiir(HrrilnRr,Ezrifing Ferliirr � 5� l J O U) CD .-f Consent Application 2023-B-03 (Nightingale) Aerial Photo: J 3 V! N O 6 N W O Hummingbird Hill Rd. sou! W D v v v 83 � CO CD C� N 0. =3 N „ m N � Pr—d Heritage,Exciting Fufurr l J O U) CD .-f Consent Application 2023-B-03 (Nightingale) Existing Zoning: o P CD N O N W au=zz. O mWm VI Hummingbird HIII Rd. D CD C-WO �T a,au 7 ` Subject Lands - CD m .,e,, o 0 A/RU (Agricultural/Rural) 0 EP(Environmental Protection) '�v W ,,fi r u„�h;p of� CD rIJ CD % � Pr—d Heritage,Exciting Fufurr l J O U) CD .-f Consent Application 2023-B-03 (Nightingale) Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: 3 co - o W —i r i =3 CD � v v v in• m Rural Agricultural Agricultural o• N 00 Agricultural i Greenlands Greenlands 0 0 Rural _ Rural av r u„�hip�f� N /YJG" CD N � Pr—d Heritage,Exciting Fufurr l J O U) CD .-f Consent Application 2023-13-03 (Nightingale) 0 10--, 20 30 SCALE 1:90 9 HUMMINGBIRD HILL ROAD HUMMINGBIRD HILL ROAD Applicants Consent :___ n �,=E >o.wom .y, ie�ENo o V07 FflOM7AGE Sketch: LINE rJQ � e fi% [ 'LANDS TO BE ADDED 0 a TO PART LOT 66, # p Q ! CONCESSION 2,PART 1 (n != ON 51R-10109 O1 N O (EXISITING) 3 Q 0 PART 1 z rn a AREA=0.232 ha. LLJ 0n Z LLI D O O z ga z Q 6 O w (NEW) ART 1 W T. Aft A 0.4 ha. m ! z W 7 Q U z Lit k M1 O q T. 1f o� p (A a ¢ cf) v o (D (D I: za. O' N { E i/2 LOT 68cc CONCESSION 2 co a sr rm rarus �m �e N ,/ "Toumsh;p of N - lJ/�Q � CD Praiir(HrrilnRr,Ezrifing Ferliirr � l J O U) CD .-f Consent Application 2023-B-03 (Nightingale) Applicant's Site Plan: - [- 0 0 O W z — O i ' r o � v z CD CD PART 1a AREA=0.4 he. D. (D �. E.1,2 LOT 66, 0 OONOESS*N 2 `W9+ O � IN TERfOR REAR 187 iVNE '. � V { ,9P N CD Praiir(HrrirnRr,Ezrifing Ferliirr � l J 0 CD r--f Consent Application 2023-B-03 (Nightingale) r h " / r J i fi y 0 r, , In V! 1" n W D ' CD smw _ m M x dam (D rIjView looking east along View looking west along Notice sign posted Hummingbird Hill Hummingbird Hill CJ N (D N � Pr—d Heritage,Exciting Fufurr l J O U) CD .-f Consent Application 2023-B-03 (Nightingale) CD w rn D T. v x, U) CD CD N View of subject lands CO v N Toumsh;p of N lr-/tQ'� �E;CGVYGGGCD Prai�r(HnilnRr,Esrrlinq Ferhirr � l J 0 CD .-f Consent Application 2023-B-03 (Nightingale) 0 �. CD W O W O D v v v CD v m View of retained lands W �{ 1=3 N V1Y/G'p CD N CD Pr-d Heritage,Exciting Fufurr l J O U) CD .-f Consent Application 2023-B-03 (Nightingale) Recommendation: Approve It is recommended: P 1. That Report No. DS2023-036 be received and adopted. 0 C0 N 2. That Consent Application 2023-B-03 by Brenda Nightingale,to permit a boundary adjustment having a lot frontage of O approximately 19.5 metres(64.0 feet),a lot depth of approximately 80.0 metres(262.4 feet)and an area of approximately 0.16 W hectares(0.41 acres)to be added to the property legally described as Part Lot 68, Concession 2, Part 1 on 51 R-10109, O Township of Oro-Medonte,be approved subject to the conditions as outlined in Report DS2023-036. 3. The conditions for Consent Application 2022-B-21 are as follows: D a) That the severed lands with an area of approximately 0.16 hectares(0.41 acres)be merged in title with the abutting =3 property to the east,described as Part Lot 68,Concession 2, Part 1 on 51 R-10109(Medonte),and that the provisions of K Sections 50(3)and 50(5)of the Planning Act apply to any subsequent conveyance of,or other transaction involving,the identical subject parcel of land. Therefore,once the subject parcel of land has been conveyed to the owner of the abutting parcel,the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's v written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger;2)consolidate the severed and benefitting parcels to one Property Identification Number;and 3)alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act,so that it is not the identical parcel of land. b) That, in order to alter the configuration of the benefitting parcel to address Section 50(12)of the Planning Act, R.S.O. N 1990,c. P.13 to facilitate merger with the severed parcel,the owner convey a parcel of land dimensioned to the =3 CD N satisfaction of the Director,Operations and Community Services,that said parcel be deeded gratuitously to the Township O (n for road purposes;that said parcel be conveyed free and clear of any mortgages,liens or encumbrances,or be otherwise osatisfactory to the Township;and that all costs associated with the dedication be born the Owner. Alternatively,the applicant can apply for the issuance of a Certificate of Cancellation. >=3 W Toumship of =3 NJ 0,f CD Prair(HnilnRr,Esrrlinq Ferhirr � D / l J O U) CD .-f Consent Application 2023-B-03 (Nightingale) Recommendation (cont'd): Approve c) That the Applicant transfer to The Corporation of the Township of Oro-Medonte("Township"), in fee simple,free and clear of all liens and encumbrances,a 5 metre by 5 metre daylight triangle on the north-east corner of the subject lands at the intersection of Hummingbird Hill Road and Line 2 North,dimensioned to the satisfaction of the Township's Director, 0 Operations and Community Services.The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for (p review by the Township,together with his/her opinion letter stating that upon registration of the Transfer,the Township will N have acquired a good and marketable title thereto,free and clear of all liens and encumbrances. Further,the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, W as amended,to consolidate the above noted daylight triangle with Hummingbird Hill Road as one Property Identifier Number 0 to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees,and disbursements,agreements, HST,etc.shall be D fully borne by the Applicant. =3 d) That all municipal taxes be paid to the Township of Oro-Medonte. e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. v f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed,for review by the Municipality. (n g) That the Certificate of Consent be issued utilizing Form 4,Section 53(42)of the Planning Act R.S.O. 1990,to merge the parcels. 7- h) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of 7- decision(Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from to the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the C0 above-noted statutory periods(Sections 53(41)&53(43),the Planning Act R.S.O.1990)shall cause the application to cc CD lapse and render this Decision null and void. 0 01 N 0 CT 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. w �99461 %=3 N V1YJ� � CD CD NJ Prair(HnilnRr,Esrrlinq Ferhirr % D / l J O U) CD .-f 6.i) 7.20 p.m.: DS2023-039, Danielle Waters, Planner re: Consent Applica... 7oa nsh' o f Report Proud Heritage, Exciting Future Report No. To: Prepared by: DS2023-039 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # May 3, 2023 Consent 2023-B-04 Paul & Slawomira Weber Roll #: 3325 Line 4 North R.M.S. File #: 4346-010-002-29800 3315 Line 4 North D10-61032 4346-010-002-29802 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2023-039 be received and adopted. 2. That Consent Application 2023-B-04 by Paul & Slawomira Weber, to permit a boundary adjustment having a lot frontage of 0 metres (0 feet), an irregular lot depth and an area of approximately 1.4 hectares (3.5 acres) to be added to the property located at 3315 Line 4 North, be approved subject to the conditions as outlined in Report DS2023-039. 3. The conditions for Consent Application 2023-B-04 are as follows: a) That the severed lands with an area of approximately 1 .4 hectares (3.5 acres) be merged in title with the abutting property to the south, described as Concession 5 Part West 1/2 Lot 1 , RP;51 R39586 Part 1 (Oro), municipally known as 3315 Line 4 North, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land Development Services May 3, 2023 Report No. DS2023-039 Page 1 of 10 Page 256 of 322 6.i) 7.20 p.m.: DS2023-039, Danielle Waters, Planner re: Consent Applica... dimensioned to the satisfaction of the Director, Operations and Community Services, that said parcel be deeded gratuitously to the Township for road purposes; that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that all costs associated with the dedication be born the Owner. Alternatively, the applicant can apply for the issuance of a Certificate of Cancellation. c) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 3.0 metre road widening along the entire frontage of the merged lands (3315) adjacent to Line 4 North to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the 3.0 metre widening with Line 4 North as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. d) That all municipal taxes be paid to the Township of Oro-Medonte. e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. g) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. h) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services May 3, 2023 Report No. DS2023-039 Page 2 of 10 Page 257 of 322 6.i) 7.20 p.m.: DS2023-039, Danielle Waters, Planner re: Consent Applica... Background: The lands proposed to be severed, retained, and merged are located on Line 4 North and both support a single detached dwelling. The surrounding land uses consist of the rural settlement area of Horseshoe Valley to the west and woodlots to the south and east (refer to Schedules 1 and 2). The purpose of Consent Application 2023-B-04 is for a boundary adjustment between 3325 and 3315 Line 4 North. The details of the proposed consent are: Lands to be Severed from Lands to be retained Total Merged lands 3325 and added to 3315 (3325 Line 4 North) (3315 Line 4 North) Line 4 North Frontage: Approximately 0 m (0 ft.) Approximately 158.0 m Approximately 59.7 m 518.4 ft. 195.8 ft. Depth: Irregular Approximately 484.0 m Approximately 484.0 m 1,587.9 ft. 1,587.9 ft. Area: Approximately 1 .4 ha (3.5 Approximately 7.79 ha Approximately 2.89 ha ac.) (19.2 ac. 7.1 ac. Use: Vacant Residential Residential No new lots are proposed as a result of the boundary adjustment/lot addition. The applicant's severance sketch is included as Schedule 3 to this report. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement (2020) (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Section 1 .1.4 — Rural Areas in Municipalities is applicable to this application. The type and density of development on these lands has already been established and will not be changing as a result of the boundary adjustment. The proposed boundary adjustment does not represent "development" as defined by the PPS. Based on the above, Planning Staff is of the opinion that the application is consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed boundary adjustment is consistent Development Services May 3, 2023 Report No. DS2023-039 Page 3 of 10 Page 258 of 322 6.i) 7.20 p.m.: DS2023-039, Danielle Waters, Planner re: Consent Applica... with the Rural Areas policies in the Growth Plan as the proposed boundary adjustment does not represent "development" as defined by the Growth Plan. County of Simcoe Official Plan The benefitting lands (3315 Line 4 N) is designated as Greenlands in the County's Official Plan, and the retained land (3325 Line 4 N) is designated mostly as Greenlands, with a small portion of Rural designation. The portion of the property that is to be severed and merged with 3315 Line 4 N is in the Greenlands designation. Consent application 2014-B-01 and Minor Variance application 2014-A-23 are related to the original creation of 3315 Line 4 N. At the time of these applications, the proposed lot size was as it was proposed today in this application. Through the consultation process, the County of Simcoe required a reduced size of lot for the proposal. In turn, the reduced size required a minor variance application to reduce the size of a hobby farm as the proposal did not meet the required lot size of 2.0 hectares for a hobby farm. The County has been circulated on this new application and has provided no objection to the proposal as no new lot is to be created, and the lands will continue to be used as their current use. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.18). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 129). The proposed lot addition would facilitate additional outdoor amenity space and provide a more uniform lot fabric, instead of a flag shaped retained lot. Planning Staff are satisfied that the application conforms to the County of Simcoe Official Plan. Township of Oro-Medonte 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. The Adopted Official Plan designates the property as Greenlands. Permitted uses within the Greenlands designation are existing agricultural and residential uses. The proposed boundary adjustment does not represent "development" as defined by the Adopted Official Plan. Development Services May 3, 2023 Report No. DS2023-039 Page 4 of 10 Page 259 of 322 6.i) 7.20 p.m.: DS2023-039, Danielle Waters, Planner re: Consent Applica... The Rural section 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. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan." (p. 235). Planning Staff are satisfied that the proposed boundary adjustment will not affect the viability of the current and proposed hobby farm/ rural residential uses. As such, the proposed boundary adjustment is generally in keeping with the intent of the Rural policies stated in the Official Plan, and otherwise conform to the boundary adjustment policies contained in Section D.2.2.2 as no new building lot is proposed. There are no significant woodlands, significant wetlands or ANSI's, located on the property identified in the Current Township Official Plan. Planning Staff are of the opinion that the application conforms to the Township of Oro- Medonte Official Plan. Township of Oro-Medonte Zoning By-law No. 97-95, as amended Both properties are zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. Table 134-A of the Township's Zoning By-law requires a minimum lot size of 0.4 hectares (0.99 acres) for a single detached dwelling and Table 134-13 requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. The original creation of the lot was for the purpose of a Hobby Farm, which previously required a minor variance for a reduced lot size, however, the lot adjustment would put the merged lands into conformity with the required 2.0 hectares for a Hobby Farm lot. The lot configurations that would result from these boundary adjustments, would comply with the lot frontage and lot area provisions of the Zoning By-law. Planning Act, R.S.O. 1990, c.P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is my opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. Development Services May 3, 2023 Report No. DS2023-039 Page 5 of 10 Page 260 of 322 6.i) 7.20 p.m.: DS2023-039, Danielle Waters, Planner re: Consent Applica... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Infrastructure and Capital Projects — o Line 4 North has been identified in the Road Network Plan as a collector road requiring a 23.Om road allowance o Operations will require a 3.Om road widening across 3315 Line 4 North • Township Development Engineering — No objection. • Enbridge Gas — no objection. • County of Simcoe — no objection Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Development Services May 3, 2023 Report No. DS2023-039 Page 6 of 10 Page 261 of 322 6.i) 7.20 p.m.: DS2023-039, Danielle Waters, Planner re: Consent Applica... Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2023-B-04 for the purposed of a boundary adjustment be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Andy Karaiskakis, RPP, Senior Planner April 28, 2023 Derek Witlib, RPP, Acting Director, Development Services April 28, 2023 Development Services May 3, 2023 Report No. DS2023-039 Page 7 of 10 Page 262 of 322 6J) 7.20 p.m.- DS2023-039, Danielle Waters, Planner re- Consent Applica... Schedule 1: Location Map 43 45 15 --v"',Rd,— 41 63 65 3 5 13 20 55 57 59 61 1 7 9 11 Moonsto/Rd�` 67 18 24 26 28 cathedra���nes R 91, Pine Ln. 16 46 2 4 6 8 14 Horace ha¢-Valley-Rd. 22 38 40 42 48 69 10 12 640 Old-Rarle-Rd.. 20 18 50 71 16 14 12 10 8 6 4 2 52 73 a aee aovd' 75 0666 21 19 15 13 11 77 17 9 7 5 3 1 81 79 Horseshoe Valley Rd.W. 2 11 9 32 7 5 3387 4 pa_ 1 3 3328 6 31 28 1 L 29 �A 26 '[+ 739 27 24 22 25 i 7 23 113 9 03324 3331 21 Hillside ct. 3 19 1 20 6 15 17 z 18 d (D 16 2 c 14 iJ 10 12 10 8 3325 3327 12 t, 20 18 16 14 tiat�aO 7 1 9 3315 19 17 2 3 21 4 5 6 U 7 0085 8 tv 9 0085 55 57 11 3303 53 ILL 13 51 52 15 49 50 17 47 48 18 19 Location s'a^: �4 ® Subject Lands Township of Proud Heritage,Exciting Future 0 100 m File Number 2023-3-04 I I I I Development Services May 3, 2023 Report No. DS2023-039 Page 8 of 10 Page 263 of 322 6J) 7.20 p.m.- DS2023-039, Danielle Waters, Planner re- Consent Applica... Schedule 2: Aerial Photo —YaseY•Rd.— - - ;NI p _moe�s�one ad�ry ������Illi _ 3387 iia�shoeValleyRd� - �,,,; OId,�.e.Rd� I �03324 3331 6 Z q N C 2 _J, 3325 3327 Hfghlarid'D?, _ - 7 - 9 3315 1 3 .t i aos5 3303 c Aerial OallKAI 0 Subject Lands ��f•( 'j Proud Heritage,Exciting Future 0 100 M File Number 2023-3-04 'V I I I I Development Services May 3, 2023 Report No. DS2023-039 Page 9 of 10 Page 264 of 322 6.i) 7.20 p.m.- DS2023-039, Danielle Waters, Planner re- Consent Applica... Schedule 3: Proposed Boundary Adjustments a LEGEND r r�u_s-ou s�lui . xi x s,x 114' THC - ..-. xRT OF Ld Tp 1,5 Shr�xN'C E59ION 6� LO ai ulieo a-0o T €wOn4lMLrcz '. a ____�4amdAquskO lrtd+re - �. PmnlFaYc. ' l6ev.minAmmam wnne � �ornMO bnN BYie.. IE - ADJUSTED`LbT 2 (RETAINED LOT) _ r ±7.T9 ha I < I � m I ADJUSTED LOT a =� 1 I )BENEFICIARY LOT} ±2.a9 ha h 4 3325 Line 4 North (Retained Lot) Lands to be Added 3315 Line 4 North �- (Beneficiary Lot) Development Services May 3, 2023 Report No. DS2023-039 Page 10 of 10 Page 265 of 322 Consent Application 2023-B-04 (Weber) Location: 3325 & 3315 Line 4 0 h 1r_1acedr N 0 rt 1 1 el Rines� / C � � � Y3; Horseshoe Valley Rd.W. CD Zoning: Agricultural/Rural (A/RU) \ N_ o Y i O I E Official Plan: Rural - Current Use: Vacant & Residential grandQrCD JT� �{ m �. m :v v N (D W n N 0 Praiir(Hrri�nRr,Esriimg Ferliirr (n CD .-f D v Consent Application 2023-B-04 (Weber) Purpose: The purpose of Consent Application 2023-B-04 is for a boundary o adjustment between 3325 and 3315 Line 4 North. The details of the proposed P consent are: o CD Lands to be Severed from Lands to be retained Total Merged lands N 3325 and added to 3315 (3325 Line 4 North) (3315 Line 4 North) w Line 4 North o Frontage: Approximately 0 m (0 ft.) Approximately 158.0 m ApproximatelY59.7 m CO (518.4 ft.) (195.8 ft.) Depth: Irregular Approximately 484.0 m Approximately 484.0 m m' (1,587.9 ft.) (1,587.9 ft.) m Area: Approximately 1.4 ha (3.5 Approximately 7.79 ha Approximately 2.89 ha v ac.) (19.2 ac.) (7.1 ac.) m Use: Vacant Residential Residential v v m =3 N (D W � n N C�t, O N 0 Pra d HrHll gr,E-iimg Ferliirr (n CD .-f D v Consent Application 2023-B-04 (Weber) Aerial Photo: 0 321 � N CD o 3325 0 _ 3327,. W ighlan'd'Dr. CO 0 3315 CD r-f CD U085 3303 CD =3 N (D 0 { SRI +s . 0 Arard Hrritagr,Exciting Fufurr (n CD .-f D v Consent Application 2023-B-04 (Weber) Existing Zoning: M:: 1 Q� � o 3 Cathedral Pines Rd. Cates , a"xe-aae tx� 0 Horseshoe Valley Rd.W. co O aie Ct O � W O 0 v Hillside Ct. o _ _ CD — i— `�� Subject Lands m 0 R1 (Residential One) ems° 0 LC (Local Commercial) CD0 A/RU (Agricultural/Rural) � CD® OS (Open Space) .end ° PR(Private Recreational) m w ,,firR�h;p f�2tPi?0 p N =3 Pr—d Heritage,Ex W,,g Future (n CD D v Consent Application 2023-13-04 (Weber) Township Official Plan Township Adopted County Official Plan o Land Use: Official Plan Land Use: Land Use: 3 �dre, o CD — eo,��=n.-r Rd. / N — t ,� � l — i c, � 71 0 (D i s (D ----- �m >v v (Qtoo Oro Moraine Boundary p Oro Moraine Boundary =3 m Rural Settlements � Greenlands N 'Rural Reeldentlal CD Greenlands � Oro Moraine Core/Gon'itlor Area Rural � Oro Moraine Enhancement Area Rural Residential Rural 5� 'Secondary Plan Area =Settlement Area CI) �; s N �iYk^�2tPi ° N =3 Pr—d Heritage,Ex W,,g Fururr (n CD .-f D v Consent Application 2023-13-04 (Weber) Applicant's Consent Sketch: o 3325 Line 4 North 0 (Retained Lot) 0) O ADJUSTED LOT 2 +779 ha Lands to be a Added �. ------------ ---- --------- m ADJUSTED LOT 1 'S CD P i to av m*l 3315 Line 4 North m (Beneficiary Lot) v v m =3 N CD v � O 0 Arard Hrritagr,Exciting Fufurr (n CD .-f D v Consent Application 2023-B-04 (Weber) O CD N The CD r v 4 (n South on Line 4 North on Line 4 Notice sign posted N � W / 0 N lJtT � N 0 Pr-d H,,doge,E-iiinq Feehnr (n CD .-f D v Consent Application 2023-B-04 (Weber) _ N O aAiL N O c r W O W (D (D N Benefitting lands — 3315CD Line 4 North `° N 0 Pr—d Heritage,Exciting Fufurr (n CD .-f D v Consent Application 2023-B-04 (Weber) r , O , e ,w 0 N ON O (p CD N N cQ h =3 Retained lands — 3325 Line 4 CD North W ,/ Tow�hip of � ��� 0 N O/YX/c/2GC(J►LtPi N 0 Pr—d Heril�gr,Ea W,,g Pufurz (n CD .-f D v Consent Application 2023-B-04 (Weber) y N o AL CD �. O W r O W O 0 ' (D 4 m Lands to be severed andCD Q merged N 0 Pr—d Heritage,Exciting Fufurr (n CD .-f D v Consent Application 2023-B-04 (Weber) Recommendation: Approve o It is recommended: _P 3 1. That Report No. DS2023-039 be received and adopted. p to 2. That Consent Application 2023-B-04 by Paul&Slawomira Weber,to permit a boundary adjustment having a lot frontage of 0 p metres(0 feet),an irregular lot depth and an area of approximately 1.4 hectares(3.5 acres)to be added to the property located at N 3315 Line 4 North, be approved subject to the conditions as outlined in Report DS2023-039. 0 W 3. The conditions for Consent Application 2023-B-04 are as follows: a) That the severed lands with an area of approximately 1.4 hectares(3.5 acres)be merged in title with the abutting property 0 to the south,described as Concession 5 Part West 1/2 Lot 1, RP;51 R39586 Part 1 (Oro),municipally known as 3315 Line =3 4 North,and that the provisions of Sections 50(3)and 50(5)of the Planning Act apply to any subsequent conveyance of, CD or other transaction involving,the identical subject parcel of land. Therefore,once the subject parcel of land has been CD conveyed to the owner of the abutting parcel,the subject parcel and the said abutting parcel shall merge in title and C become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that �< the necessary steps will be taken to: 1)implement the conveyance and merger;2)consolidate the severed and benefitting N parcels to one Property Identification Number;and 3)alter the benefitting parcel,if it was created pursuant to Sections 50 or 53 of the Planning Act,so that it is not the identical parcel of land. b) That, in order to alter the configuration of the benefitting parcel to address Section 50(12)of the Planning Act, R.S.O. 1990,c. P.13 to facilitate merger with the severed parcel,the owner convey a parcel of land dimensioned to the W m satisfaction of the Director,Operations and Community Services,that said parcel be deeded gratuitously to the Township =3 M CD road purposes;that said parcel be conveyed free and clear of any mortgages,liens or encumbrances,or be otherwise rn satisfactory to the Township;and that all costs associated with the dedication be born the Owner. Alternatively,the _% CD O applicant can apply for the issuance of a Certificate of Cancellation. W Toul Mi-,f �0 N 0; � � � Prair(HnilnRr,Esrrlinq Ferhirr (n CD D .-f D 0 v Consent Application 2023-B-04 (Weber) Recommendation (cont'd): Approve o c) That the Applicant transfer to The Corporation of the Township of Oro-Medonte("Township"), in fee simple,free and clear of all liens and encumbrances, a 3.0 metre road widening along the entire frontage of the merged lands(3315)adjacent to Line 4 North to the Township.The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the 0 Township,together with his/her opinion letter stating that upon registration of the Transfer,the Township will have acquired a co good and marketable title thereto,free and clear of all liens and encumbrances. Further,the Applicant's solicitor shall be o responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended,to N consolidate the 3.0 metre widening with Line 4 North as one Property Identifier Number to the satisfaction of the Township. w All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs O w relating to surveying, legal fees,and disbursements, agreements, HST,etc.shall be fully borne by the Applicant. co d) That all municipal taxes be paid to the Township of Oro-Medonte. e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. f That the applicant's solicitor prepare and submit a co of the proposed conveyance for the parcel severed,for review b the pp p p copy p p Y p Y Municipality. m g) That the Certificate of Consent be issued utilizing Form 4,Section 53(42)of the Planning Act R.S.O. 1990,to merge the parcels. h) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of CD decision(Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the _ above-noted statutory periods(Sections 53(41)&53(43),the Planning Act R.S.O. 1990)shall cause the application to cc lapse and render this Decision null and void. =3 m =3 N (D 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. . . NJ ll-/ � � � P,.,,d Hn doge,Es W,%Femur (n CD .-f D v 6.j) 7.30 p.m.: DS2023-032, Catherine McCarroll, Intermediate Planner re... "Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-032 Development Services Committee Catherine McCarroll Intermediate Planner Meeting Date: Subject: Motion # May 3, 2023 Consent Applications 2023-B-05 & 2023-B-06 by George Hawrysch Roll #: 1146 Line 5 South, 1160 Line 5 R.M.S. File #: 4346-010-008-18500 South & 7 Simcoe Avenue D10- 4346-010-008-18600 D10- 4346-010-008-18100 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2023-032 be received and adopted; 2. That Consent Application 2023-B-05 by George Hawrysch, to permit the creation of a new residential lot consisting of a severed parcel having an area of approximately 0.12 hectares (0.29 acres) and a frontage of approximately 30.5 metres (100.0 feet) and a retained parcel having a lot area of approximately 0.27 hectares (0.66 acres) and a frontage of approximately 30.5 metres (100.0 feet) on Line 5 South and a frontage of 38.1 metres (125.0 feet) on Simcoe Avenue, be approved subject to the conditions as outlined in Report DS2023-032. 3. The conditions are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing on either the vacant severed or retained parcel. b) That the applicant apply for and obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte. c) That the applicant submit, to the satisfaction of the Chief Building Official, a plan complete with dimensions, areas with approximate building and sewage system envelopes for possible future development. Surrounding wells and required clearances shall be incorporated in the plan. d) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. e) That all municipal taxes be paid to the Township of Oro-Medonte. Development Services May 3, 2023 Report No. DS2023-032 Page 1 of 13 Page 278 of 322 6J) 7.30 p.m.: DS2023-032, Catherine McCarroll, Intermediate Planner re... f) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. g) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Consent Application 2023-B-06 by George Hawrysch, to permit the creation of a new residential lot consisting of a severed parcel having an area of approximately 0.12 hectares (0.29 acres) and a frontage of approximately 30.5 metres (100.0 feet) and a retained parcel having a lot area of approximately 0.15 hectares (0.36 acres) and a frontage of approximately 38.1 metres (125.0 feet), be approved subject to the conditions as outlined in Report DS2023-032. 5. The conditions are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing on either the vacant severed or retained parcel. b) That the applicant apply for and obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte. c) That the applicant submit, to the satisfaction of the Chief Building Official, a plan complete with dimensions, areas with approximate building and sewage system envelopes for possible future development. Surrounding wells and required clearances shall be incorporated in the plan. d) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. e) That all municipal taxes be paid to the Township of Oro-Medonte. f) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. Development Services May 3, 2023 Report No. DS2023-032 Page 2 of 13 Page 279 of 322 6.j) 7.30 p.m.: DS2023-032, Catherine McCarroll, Intermediate Planner re... g) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. h) That application 2023-13-05 receive final certification of the Secretary-Treasurer and be registered on title prior to completion of this application. i) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. j) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 6. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background: The property is located a couple properties south of Lakeview Road, between Simcoe Avenue and Line 5 South. The lot is approximately 0.39 hectares (0.96 acres) in size and contains a single detached dwelling. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Purpose of Application 2023-B-05: The applicant is requesting consent to sever lands for the purpose of the creation of a new lot. The details of the proposed consent (severance) are: Lands to be Severed (1146 Line Lands to be Retained* (7 Simcoe 5 South): Avenue): Fronta e: Approximately 30.5 m 100.0 ft. Approximately 38.1 m 125.0 ft. Depth: Approximately 38.7 m 127.0 ft. Approximately 38.7 m 127.0 ft. Area: Approximately 0.12 ha 0.29 ac. Approximately 0.15 ha 0.36 ac. Use: Vacant Residential *Dimensions of the retained lands following Consent Applications 2023-13-05 and 2023-13-06. Purpose of Application 2023-B-06: The applicant is requesting consent to sever lands for the purpose of the creation of a new lot. The details of the proposed consent (severance) are: Lands to be Severed (1160 Line Lands to be Retained* (7 Simcoe 5 South): Avenue): Frontage: Approximately 30.5 m 100.0 ft. Approximately 38.1 m 125.0 ft. Depth: Approximately 38.7 m 127.0 ft. Approximately 38.7 m 127.0 ft. Area: Approximately 0.12 ha 0.29 ac. Approximately 0.15 ha 0.36 ac. Use: Vacant Residential *Dimensions of the retained lands following Consent Applications 2023-13-05 and 2023-13-06. Development Services May 3, 2023 Report No. DS2023-032 Page 3 of 13 Page 280 of 322 6J) 7.30 p.m.: DS2023-032, Catherine McCarroll, Intermediate Planner re... The applicant's consent sketch can be found on Schedule 3 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas is applicable to these applications. This section has been reviewed and Planning Staff is of the opinion that these applications are consistent with the policies of the PPS since the applications represent limited residential development within an existing plan of subdivision. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe (2017) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to these applications. This section has been reviewed and Planning Staff is of the opinion that the proposed residential lots are consistent with the Rural Areas policies in the Growth Plan as the lands subject to these applications are already within an established shoreline residential area. County of Simcoe Official Plan The subject lands are designated "Rural" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. Section 3.7 of the County Official Plan contains policies relating to the "Rural" designation. The objectives of the "Rural" designation are to: • "To recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities; and, • To encourage maintenance, protection, and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas." (p.40). Section 3.7.8 states: a) "Limited residential development may be created by consent provided the following are satisfied: Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. Consent lots should be developed to an approximate maximum size of one hectare, except where larger sizes may be suitable because of environmental constraints or design considerations; and, b) The number of lots on the grid road system shall be restricted in order to maintain the rural character and road function and to avoid strip development" (page 42). In Planning Staff's opinion, the proposed consents appear to generally conform to these policies as the proposed lots are limited in size and located within a residential plan of Development Services May 3, 2023 Report No. DS2023-032 Page 4 of 13 Page 281 of 322 6J) 7.30 p.m.: DS2023-032, Catherine McCarroll, Intermediate Planner re... subdivision, which is already developed, and therefore it is not anticipated to have any adverse effect on any agricultural uses or environmental features. Under the General Development Policies, Section 3.3.13 states that all development within the area of the Lake Simcoe Protection Plan is required to satisfy the provisions of Section 3.13 of this Plan. Section 3.13 has been reviewed and Planning Staff is of the opinion that the proposed lots, which are outside the Lake Simcoe Region Conservation Authority regulated area, will not adversely impact any natural heritage features. Additionally, Section 3.3 of the County's Official Plan contains "General Development Policies" for lot creation. Specifically, Section 3.3.4 states: "Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe, the Province of Ontario, or local municipalities." (p. 19). In this case, the severed parcels would have frontage on Line 5 South. On this basis, Planning Staff is of the opinion that the Consent Applications generally conform to the County of Simcoe's Official Plan. As of the preparation of this report, Staff have not received comments from the County. Committee members should have regard to any County comments that may be received. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside of the Lake Simcoe Region Conservation Authority's regulated area and the Township is not required to circulate consent applications that are not within the regulated area to the LSRCA. However, the property is within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP). Planning Staff have reviewed the subject consent applications in context to the policies in the LSPP, specifically Policy 4.15 DP, which restricts new on-site sewage system or subsurface sewage system within 100.0 metres (328.1 feet) of the Lake Simcoe shoreline and the subject property is outside of the 100.0 metres (328.1 feet) setback. Township of Oro-Medonte Official Plan The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Shoreline in the Township's existing Official Plan (1997) and the Township's Adopted Official Plan (2022). The Shoreline designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. The objectives of the shoreline areas are: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. Development Services May 3, 2023 Report No. DS2023-032 Page 5 of 13 Page 282 of 322 6J) 7.30 p.m.: DS2023-032, Catherine McCarroll, Intermediate Planner re... • To ensure that existing development is appropriately serviced with water and sewer services. Section C5.2 of the Township's Official Plan (1997) outlines the permitted uses within the `Shoreline' designation, which includes single detached dwellings. The severed lots and the retained lot were at one time separately conveyable parcels that inadvertently merged in title. The three lots are identified under one Pin number; however, they are still under three separate roll numbers. Deeming By-law, By-law No. 97-71 , was passed on October 1st, 1997, to deem Registered Plan 709 not to be a Registered Plan of Subdivision for the purposes of Section 50(3) of the Planning Act, which allowed the lots to merge. The applicant wants to recreate the parcels in the same size and shape as they once existed. The proposed severances do not meet the criteria for technical severances; therefore, Staff deferred to the general "Subdivision of Land" policies contained in Section D2.1 and D2.2.1 of the Township's Official Plan, in evaluating the proposed applications for consent. These policies and Staff's comments are provided below: "Section D2.1 — Preferred Means of Land Division Land division by Plan of Subdivision, rather than by consent, shall generally be required if: a) the extension of an existing public road or the development of a new public road is required to access the proposed lots; or, b) the area that is proposed to be developed is not considered to be infilling; or, c) a Plan of Subdivision is required to ensure that the entire land holding or area is developed in an orderly and efficient manner, or, d) more than four lots including the retained lands are being created and/or the owner is retaining sufficient lands for the development of additional lots." (p.229). In Planning Staff's opinion, Consent rather than a Plan of Subdivision, would be the appropriate means through which to consider the proposed lots as infilling on a Township maintained road. For the purposes of the creation a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed applications for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1 , "New Lot by Consent — General Criteria", in the Township's Official Plan: a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed parcels would front onto a Township road, specifically Line 5 South, which is maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The subject lands do not have direct access to a Provincial Highway or County Road. Development Services May 3, 2023 Report No. DS2023-032 Page 6 of 13 Page 283 of 322 6J) 7.30 p.m.: DS2023-032, Catherine McCarroll, Intermediate Planner re... c) Will not cause a traffic hazard; Conforms: The Township's Operations Department has been circulated for comments and have not identified any traffic safety concerns. The applicant will be required to obtain an Entrance Permit for the new driveway entrances. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- The property is located in the Shoreline Residential (SR) Zone. Although the application forms indicated that the proposed use of the severed lots are vacant lots, they can be developed in the future for residential uses which are permitted and compatible with the adjacent residential uses. The Shoreline Residential Zone requires a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). On this basis, the applicant would be required to obtain minor variances to recognize the reduced lot area for the severed lots and retained lot. Specifically, the two severed lots would have a lot area of approximately 0.12 hectares (0.29 acres) and the retained lot would have a lot area of approximately 0.15 hectares (0.36 acres). Subject to the approval of the required minor variances, the Consent applications would comply with the Zoning By-law. e) Can be serviced with an appropriate water supply and means of sewage disposal; Capable of conforming: The severed and retained lands generally possess sufficient land area for any future dwellings to be serviced by private individual on-site services (well and septic system). However, options for the positioning of those services on the lands may be restricted in relation to existing surrounding wells and septic systems. Therefore, as per the comments received from the Township's Building Department, Planning Staff are recommending that, as a condition of Consent, the applicant is to submit a plan to the Building Division with approximate building and sewage system envelopes for possible future development, as well illustrating surrounding wells and their required clearances. f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The severed lands appear to have sufficient area to accommodate any on- site grading to ensure that drainage patterns will not be negatively impacted. A future dwelling on the severed lots would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Development Services May 3, 2023 Report No. DS2023-032 Page 7 of 13 Page 284 of 322 6J) 7.30 p.m.: DS2023-032, Catherine McCarroll, Intermediate Planner re... Conforms: As proposed, the lands to be retained and severed would not restrict the development of any other lands. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conforms- No natural heritage concerns have been identified by Planning Staff in the review of these applications. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- No groundwater concerns have been identified by the Township and agencies in their review of these applications. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The Consent applications have been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the applications conform. On the basis of the analysis of the applications in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the applications conform to the policies of the Township's Official Plan. Zoning By-law 97-95 The subject lands are zoned Shoreline Residential in the Township's Zoning By-law 97-95, as amended. Table 131 in the Township's Zoning By-law requires a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet) in the Shoreline Residential Zone. The retained lands, with a frontage of 38.1 metres (125.0 feet), and the two severed lots, with a frontage of 30.5 metres (100.0 feet), comply with the minimum lot frontage; however, the three lots do not comply with the minimum lot area. The retained lands are proposed to have a lot area of 0.15 hectares (0.36 acres) and the severed lots are proposed to have a lot area of 0.12 hectares (0.29 acres). As a condition of consent approval, the applicant will be required to obtain a Minor Variance to address the non-complying lot areas. With respect to servicing, this application has been reviewed by Building Staff who have requested that, as a condition of consent, the applicants submit a plan to the Building Division with approximate building and sewage system envelopes for possible future development, as well illustrating surrounding wells and their required clearances. In discussion with Planning Staff, Building Staff have advised that they are not concerned with the ability of the reduced lot sizes to accommodate private servicing. However, because options for the positioning of those services on the lands may be restricted in relation to existing surrounding wells and septic systems, it is in the applicant's and the Township's interest to identify the septic system and building envelopes prior to finalizing the Consents. Development Services May 3, 2023 Report No. DS2023-032 Page 8 of 13 Page 285 of 322 6J) 7.30 p.m.: DS2023-032, Catherine McCarroll, Intermediate Planner re... 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 • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The applications are consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: A notice sign was posted on the property and notice of the applications were circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects — No comments. • Township Building Division - Due to the size of the proposed lots Building Division comments are as follows: Indicate proposed building envelope, septic envelope and well locations on all proposed lots. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Development Services May 3, 2023 Report No. DS2023-032 Page 9 of 13 Page 286 of 322 6.j) 7.30 p.m.: DS2023-032, Catherine McCarroll, Intermediate Planner re... Conclusion: Based on Planning Staff's analysis of these applications, it is Staff's recommendation that Consent Applications 2023-B-05 & 2023-B-06 be approved, specifically to permit the creation of two new residential lots on the lands municipally known as 7 Simcoe Avenue, 1160 Line 5 South and 1146 Line 5 South, as the applications conform to and are consistent with applicable Provincial, County and Township land use policies, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andy Karaiskakis, RPP April 27, 2023 Senior Planner Derek Witlib, RPP April 27, 2023 Acting Director, Development Services Development Services May 3, 2023 Report No. DS2023-032 Page 10 of 13 Page 287 of 322 6.j) 7.30 p.m.- DS2023-032, Catherine McCarroll, Intermediate Planner re... Schedule 1: Location Map —Vasey-Rd. -Moonstone-Rd. �oP Rorseshae.Vallay.Rd� k 2 290 286 zsz 278 Old-earrie-Rd. ~a Ridg® Ro Windfields Dr.E. Lakeshore Rd.W. 22 20 18 16 14 12 10 8 4 2 N 275 269 279 Lakeview Rd. juniper 1 1144 271 85 9 4 13 5 1146 273 � 8 7 1161 9 8 10 to y 7 1160 3 a 12 11 C 1166 277 11 14 Y 10 9 1170 1173 16 Fn W 15 12 11 1176 38 18 1185 19 14 15 1182 20 17 1186 22 14 8 1195 24 7 Greenwood forest Rd• B-Wa—WLn. 11 9 7 5 3 1 27 25 23 21 19 17 15 13 3 5 29 1 Kempenfe t BUY Location ® Subject Lards Township of Proud Heritage,Exciting Future 0 100 m He Number:2023-B-05 and 2023-B-06 Development Services May 3, 2023 Report No. DS2023-032 Page 11 of 13 Page 288 of 322 6J) 7.30 p.m.- DS2023-032, Catherine McCarroll, Intermediate Planner re... Schedule 2: Aerial Photo —V—yRd— Windfields ER E. .Meonst—Rd--A'� Lakeshore Rorseshae•ValleY'Rd. ? Q old.Rarrie�Rd. J _ L Q� 279 � — 7 Lakeview Rd. 277 1 1144 13 S 1146 Yr 7 1161 8 ._..-,.38. �. 1160 7 fn 4a � Q � 1166 � 11 t17 J O 10 v E 9 1170 1173 T5 1:2 11 117fi 85 19 14 15 1182 7 17 __ 1186 14 8 1195 WOO Fotest Rd• Green _ Balsam Vn'. Aerial Q Subject Lands Township 0 Proud Heritage,Exciting Future — f 0 100 n) File Number:2023-B-05 and 2023-B-06 1 1 I i i I Development Services May 3, 2023 Report No. DS2023-032 Page 12 of 13 Page 289 of 322 6.j) 7.30 p.m.- DS2023-032, Catherine McCarroll, Intermediate Planner re... Schedule 3: Applicant's Consent Sketch Applicant's Consent Sketch 2023-e-05 Severed prop one O Relained property one co Applicant's Consent$ketch 2023-B-06 p � F Severed pGOerty two Q 94 Retap►ed property two co Consent Sketch4 -5y Township �l► Proud Heritage,Exciting Fnrure File Number:2023•B-05 and 2023.E-06 Development Services May 3, 2023 Report No. DS2023-032 Page 13 of 13 Page 290 of 322 Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) Location: 1146 Line 5 South, 1160 0 Line 5 South & 7 Simcoe Avenue \ WindfieldsaDreE. Lakeshore Rd.W. 0 Zoning: Shoreline Residential (SR) CD L•akevi—Rd - N Official Plan: Shoreline _ Current Use: Vacant & Residential E CD M. CD _ n ®sage yams — ood oresF tRd. _ — Balsam Ln. 0 �eenw�� _- � O v (D (D CD N Ot" N � Praiir(HrrirnRr,Ezrifing Ferhirr (p CD 5D Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) Purpose of 2023-B-05: The applicants are requesting consent to sever lands o for the purpose of the creation of a new lot. The details of the proposed consent 7 (severance) are: o CD Lands to be Severed (1146 Line Lands to be Retained* (7 Simcoe o 5 South): Avenue): w Frontage: Approximately 30.5 m (100.0 ft.) Approximately 38.1 m (125.0 ft.) Depth: Approximately 38.7 m (127.0 ft.) Approximately 38.7 m (127.0 ft.) n Area: Approximately 0.12 ha (0.29 ac.) Approximately 0.15 ha (0.36 ac.) Use: Vacant Residential ` CD n n v v o m =3 CD N � o 3 CD Wes,. _Q N N Praiir(Hri rinRr,Ezrifing Ferliirr (p CD 5D Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) Purpose of 2023-B-06: The applicants are requesting consent to sever lands o for the purpose of the creation of a new lot. The details of the proposed consent 7 (severance) are: o CD Lands to be Severed (1160 Line Lands to be Retained* (7 Simcoe o 5 South): Avenue): w Frontage: Approximately 30.5 m (100.0 ft.) Approximately 38.1 m (125.0 ft.) Depth: Approximately 38.7 m (127.0 ft.) Approximately 38.7 m (127.0 ft.) n Area: Approximately 0.12 ha (0.29 ac.) Approximately 0.15 ha (0.36 ac.) Use: Vacant Residential m n n v v o m =3 CD w o 3 CO _� N N Praiir(Hri rinRr,Ezrifing Ferliirr (p CD m Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) Aerial Photo: ` ' Lakeview Rd. z=# o 7144 V! N 6 46 0 61 N 38 f a 0 9 1160 �J.� N L N Q 1166 C 11 w J u N9 1,70 1173 CD CD 12 71 7Ar7fi. 85 75 1182 7 C) O 1186 _ 95 CO f,5 (D Greenwood Fore - 1 Balsam Ln. CD Arard Hrritagr,Exciting Fufurr (D CD 5D Consent Application 2023-6-05 & 2023-6-06 (Hawrysch) Existing Zoning: 0 o co N Windtields Dr,E. Lakeshore Rd.W. 0 N �, � W Lakeview Rd. Juniper-Ln.l - 0 05 N \u a a v E — (D is - `�� Subject Lands a, O5 C t Rd. -1"sa Tn. f RUR1 (Rural Residential One) DreeuW od Fores n SR (Shoreline Residential) a� RLS (Residential Limited Service) K n a felt N A/RU (Agricultural/Rural) ° YI EP(Environmental Protection) m CD 0— OS(Open Space) N l!-' efl��CCGUY N � Arard Hrritagr,Exciting Fufurr (D CD 5D Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) Township Official Plan Township Adopted County Official Plan o Land Use: Official Plan Land Use: Land Use: P CD ------------- _ N !Jj- 0 Y =. aFo�e,.aa- re=�Ra m� 0 CD -, e pen felX ea� O (D Environmental Protection Two Greenlands Greenlands — =3 Rural Shoreline M Rural m Shoreline 3 0 0 �0 �(D N N Arard Hrritagr,Exciting Fufurr (p CD 5D Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) Applicant's Consent Sketches: o Applicants Consent Sketch 2023-8-05 Applicants Consent Sketch 2023.E-0E 3 0 CD N /1 O W O 3eveMd property We W N �. Sekred PQedy two n CD Relit ed p operty one �49 Retsrred property h" =3. @ (D �L N 0 n !v O iv (D =3 (D v --I 3 '` (D N n;j,oy �� s? N t9r ieca�t.� v 11,—(Hrriingr,E,61mg Ferlirrr (D CD 5D Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) k d N -owll!l N z v N Looking North along Line 5 South Looking South along Line 5 South CO W N N Pr—d Heritage,Exciting Fut,,e (p 5D Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) Yy CD 0 O f O N n v (D (D n n v O (D N Looking North along Simcoe Avenue Looking South along Simcoe Avenue CO O Tow�h;p of N lJ Pr—d Hn doge,E-iiinq Feehnr (D 5D Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) ^ R Y CD CD (D .,w _ e`M, ti.., ,R9i� 1 O v o Notice signs posted ;_401:1i 3 hip N Arard Hrritagr,Exciting Fufurr (p 5D Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) It - . - t a ik J (n 00 CD CD c�u Lands to be severed 2023-B-05 Lands to be severed 2023-B-06 (1146 Line 5 South) (1160 Line 5 South) CD CD N T—hp of N Pr—d Hnimg,E-iiinq Femur (p CD 5D Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) N O m =. f =` m G S N Retained lands , N � Arard Hrritagr,Exciting Fufurr (p 5D Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) Recommendation 2023-B-05: Approve o It is recommended: 1. That Report DS2023-032 be received and adopted; 2. That Consent Application 2023-B-05 by George Hawrysch,to permit the creation of a new residential lot consisting of a severed parcel having an area of approximately 0.12 hectares(0.29 acres)and a frontage of approximately 30.5 metres(100.0 feet)and a N retained parcel having a lot area of approximately 0.27 hectares(0.66 acres)and a frontage of approximately 30.5 metres(100.0 O N feet)on Line 5 South and a frontage of 38.1 metres(125.0 feet)on Simcoe Avenue,be approved subject to the conditions as W outlined in Report DS2023-032. O W N 3. The conditions are as follows: 0 v a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements N and timing of matters that may include: payment of development charges,payment of cash in lieu of parkland,detailed design of a building or septic system,engineered lot grading,and water and sanitary servicing on either the vacant severed or retained N parcel. C b) That the applicant apply for and obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro- 0 Medonte. n c) That the applicant submit,to the satisfaction of the Chief Building Official,a plan complete with dimensions,areas with v approximate building and sewage system envelopes for possible future development. Surrounding wells and required clearances 0 v shall be incorporated in the plan. d) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu CD co of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13)of the Planning Act, R.S.O. 1990 c.P. - 0 13. N co O e) That all municipal taxes be paid to the Township of Oro-Medonte. ,N NToumsh;p of NJlr-/tQ'� �E;CGVYGGG Prair(HnilnRr,Esrrlinq Ferhirr (p 0) CD CD Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) Recommendation 2023-B-05 (cont'd): Approve o f) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted.A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. p g) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed,for review by the co Municipality and for use for the issuance of the certificate of consent. p h) That the Certificate of Consent be issued utilizing Form 2,under Section 53(42)of the Planning Act R.S.O. 1990,without N w qualification. ' 0 i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of �w decision(Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the _ date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above- v noted statutory periods(Sections 53(41)&53(43),the Planning Act R.S.O. 1990)shall cause the application to lapse and render this Decision null and void. m M. n n v v o m =3 o m 0 3 o 06, m NToumsh;p of � NJlr-/tQ'� �E;CGVYGGG Prair(HnilnRr,Esrrlinq Ferhirr (p CD 5D Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) Recommendation 2023-B-06: Approve o 1. The conditions are as follows: _P 3 a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements 0 and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland,detailed design of N a building or septic system, engineered lot grading, and water and sanitary servicing on either the vacant severed or retained 0 N parcel. w b) That the applicant apply for and obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro- o Medonte. N c) That the applicant submit,to the satisfaction of the Chief Building Official, a plan complete with dimensions, areas with n approximate building and sewage system envelopes for possible future development. Surrounding wells and required clearances v shall be incorporated in the plan. =r CD d) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu M. of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13)of the Planning Act, R.S.O. 1990 c.P. =3 13. CD � e) That all municipal taxes be paid to the Township of Oro-Medonte. n f) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the 0 Committee Secretary-Treasurer which conforms substantially with the application as submitted.A draft copy of the reference plan v shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. o m =3 o m cn _% o m N -rl h;p of NJlr-/tQ'� �E;CGVYGGG Prair(HnilnRr,Esrrlinq Ferhirr (p 5D Consent Application 2023-B-05 & 2023-B-06 (Hawrysch) Recommendation 2023-B-06 (cont'd): Approve o g) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed,for review by the Municipality and for use for the issuance of the certificate of consent. h) That application 2023-B-05 receive final certification of the Secretary-Treasurer and be registered on title prior to completion of this p application. CO i) That the Certificate of Consent be issued utilizing Form 2,under Section 53(42)of the Planning Act R.S.O. 1990,without o qualification. w j) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of p decision(Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the w N date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above- noted statutory periods (Sections 53(41)&53(43),the Planning Act R.S.O. 1990)shall cause the application to lapse and n v render this Decision null and void. m 2. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. m n n v v 2- cc m =3 CO m rn o � CD 0 3 N CD Fou—hip of CL N lr-/tQ'� �E;CGVYGGG P,—d HnHMg,,Es W,%Femur (p CD 5D Ta) DS2023-009, Danielle Waters, Planner re: 2023-ZBA-02, Level Design ... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-009 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # May 3, 2023 2023-ZBA-02 Level Design Inc. Roll #: Zoning By-law Amendment R.M.S. File #: 4346-020-002-09600 529 Mount St Louis Road West D14-60953 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-009 regarding a Zoning By-law Amendment applying to lands municipally known as 529 Mount St Louis Road West, Township of Oro- Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2023-ZBA-02 by Level Design Inc., specifically to rezone the subject lands from Agricultural Rural Exception 96 (A/RU*96) Zone to Agricultural/Rural Exception 340 (A/RU*340) Zone on the lands located at 529 Mount St Louis Road West, Township of Oro-Medonte be approved. 3. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: This application was the subject of a Public Meeting at the March 1, 2023, Development Services Committee, to collect comments. After review of all comments, Staff are in the position to provide this recommendation report The lands have an area of approximately 0.245 hectares (0.6 acres) and a lot frontage of approximately 30.5 metres (100.0 feet) and are located on the southside of Mount St Louis Road West. The property is currently vacant. The applicant has applied to rezone the subject lands from Agricultural Rural Exception 96 (A/RU*96) Zone to an Development Services May 3, 2023 Report No. DS2023-009 Page 1 of 13 Page 307 of 322 Ta) DS2023-009, Danielle Waters, Planner re: 2023-ZBA-02, Level Design ... Agricultural/Rural Exception (A/RU*) Zone to permit a single detached dwelling and detached accessory building with an increase in height and floor area. Exception 96 applies to properties that are in proximity to a decommissioned waste disposal site and does not permit the construction of new dwelling units. Analysis: Provincial Policy Statement 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section, Section 2.1 — Natural Heritage, are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1 Natural Heritage is applicable as the subject lands contain a significant woodland that has been identified in the Township's Official Plan. Section 2.1 provides Natural Heritage policies that require natural features and areas to be protected for the long term and that development and site alteration shall not be permitted in natural heritage features such as significant wetlands, significant woodlands, and significant wildlife habitat. The applicant has submitted an Environmental Impact Study (EIS) prepared by River Stone Environmental Solutions Inc., dated November 10, 2021 , in support of the proposed development. The purpose of the EIS is for the review and protection of the Significant Woodland on the property. The report has been submitted to the Nottawasaga Valley Conservation Authority (NVCA) for their review and comment, however, new provincial policies restrict what content NVCA is permitted to provide a peer review for. Due to the limited nature of the proposed development, and existing development around this section of the Significant Woodland along Mount St. Louis Road, Planning Staff are prepared to move forward with the submitted EIS and its recommendations as outlined by the applicant's professional ecologist. Staff have included a minimum required rear yard setback in the proposed By-law to protect the Significant Woodland and apply the recommended 10 metre buffer from the EIS, to create a total rear yard setback of 20 metres (65.6 feet) for all buildings and structures. On this basis, the application is consistent with the Natural Heritage policies of the PPS as the proposed development is not anticipated to impact any natural features or functions. Planning Staff is of the opinion that this application conforms to the PPS, 2020. Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Development Services May 3, 2023 Report No. DS2023-009 Page 2 of 13 Page 308 of 322 Ta) DS2023-009, Danielle Waters, Planner re: 2023-ZBA-02, Level Design ... Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020 as the rezoning is compatible with the Rural Area. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their Official Plans. The subject lands have an identified Significant Woodland on the property. An EIS has been prepared by the applicant and reviewed by Planning Staff. The limit of the existing features is identified within the Environmental Impact Study (EIS) prepared by River Stone Environmental Solutions Inc., dated November 10, 2021, and satisfies the requirement for an EIS as required by the Growth Plan. Staff have added a minimum required rear yard setback in the proposed By-law to protect the Significant Woodland and apply the recommended 10 metre buffer from the EIS, to create a total rear yard setback of 20 metres (65.6 feet) for all buildings and structures. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Agricultural in the County of Simcoe's Official Plan. The intent of the Agricultural designation is to "protect the resource of prime agricultural lands and prime agricultural areas, while recognizing the inter-relationship with natural heritage features and areas and ecological functions" (County of Simcoe, 2016). Section 3.6.10 speaks to the location of development, should it occur within the Agricultural designation, that development "be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system" (County of Simcoe, 2016). The proposed development is not within agricultural lands and an EIS was submitted in support of the application. Section 4.9 lays out the County requirements in regard to waste management. The applicant has submitted a D4 Study to the County of Simcoe for review. The County of Simcoe has reviewed the submitted D4 Study and has concluded there are no technical environmental constraints related to the landfill site for which the County should withhold approval for this zoning application. "D-4 STUDY is a study required to evaluate the presence and impact of any adverse effects or risks to health and safety and any necessary remedial measures necessary for a proposed development in compliance with the Guideline D-4 including, but not limited to, ground and surface water (hydrogeology and hydrology), noise, odour, and dust, methane gas migration, traffic impact, land use compatibility, and other studies considered appropriate." In Planning Staff's opinion, the applicant's zoning by-law amendment application conforms with the County's Official Plan. Development Services May 3, 2023 Report No. DS2023-009 Page 3 of 13 Page 309 of 322 Ta) DS2023-009, Danielle Waters, Planner re: 2023-ZBA-02, Level Design ... Township of Oro-Medonte 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. The subject property is designated Agricultural in the Current and Adopted Official Plan. Permitted uses within the Agricultural designation include single detached dwellings, accessory structures to residential uses, and home-based businesses. Section B5.1.9 (Waste Disposal Sites) of the Official Plan provides that development of new uses or new or enlarged buildings or structures within an assessment area of approximately 470 metres from the property boundary of the waste disposal site or 500 metres from the fill area of the closed site may be permitted, provided an D4 assessment is completed. The applicant has submitted a D4 Study to the County of Simcoe for review. The County of Simcoe has reviewed the submitted D4 Study and has concluded there are no technical environmental constraints related to the landfill site for which the County should withhold approval for this zoning application. Planning Staff is satisfied that the proposed rezoning maintains and conforms to the Official Plan policies. Proposed Zoning By-law Amendment The subject lands are zoned Agricultural/Rural Exception 96 (A/RU*96) in the Township Zoning By-law 97-95, as amended (refer to Schedule 5). Exception 96 is described below: "7.96 *96 - Lands Adjacent to Waste Disposal (WD) Zones Notwithstanding any other provision in this By-law, extensions and enlargements to existing buildings may be permitted and the construction of agricultural buildings, barns and other non-habitable accessory buildings and structures may also be permitted on the lands denoted by the symbol *96. The construction of new dwelling units is not permitted." The applicant has submitted a D4 Study as required by the Township's Official Plan and has been successfully reviewed by the County of Simcoe. The By-law prepared by Staff would rezone the subject lands from Agricultural Rural Exception 96 (A/RU*96) Zone to Agricultural/Rural Exception 340 (A/RU*340) Zone to permit a single detached dwelling and detached accessory building with an increase in height and floor area. An excerpt of the proposed By-law and the site-specific exception are noted below: Development Services May 3, 2023 Report No. DS2023-009 Page 4 of 13 Page 310 of 322 Ta) DS2023-009, Danielle Waters, Planner re: 2023-ZBA-02, Level Design ... "7.340 *340 Concession 5 East, Part Lot 10 (Medonte) [By-law 2023-018] Notwithstanding any other provision of this By-law, all permitted uses in the Agricultural/Rural shall be permitted including a single detached dwelling and one (1) detached accessory building with a gross floor area not to exceed 150 square metres, and height of 6.5 metres, on the lands shown by symbol *340 on the schedule to this By-law. Notwithstanding the above, the minimum required rear yard to all buildings or structures is 20.0 metres (65.6 feet)" Detached accessory buildings are subject to maximum size restrictions (maximum height and maximum floor area) 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 smaller in size to the proposed dwelling on the property. The detached structure is to be in the rear yard, which is downhill from the dwelling, and therefore the height increase is minimized by the topography of the lot. Planning Staff are satisfied that the proposed structure will appear secondary and subordinate to the main dwelling structure. Based on the above, Planning Staff recommends approval of Zoning By-law Amendment 2023-ZBA-02 and has prepared a Zoning By-law Amendment for consideration by Council. 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 • 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: Development Services May 3, 2023 Report No. DS2023-009 Page 5 of 13 Page 311 of 322 Ta) DS2023-009, Danielle Waters, Planner re: 2023-ZBA-02, Level Design ... 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 120-metre (394 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 • Township Operations Division — No objection, Road Entrance Permit required • Township Building Division — Indicate location of all septic components on proposed site plan. • Enbridge Gas — No objection • County of Simcoe, Planning — No objection • County of Simcoe, Solid Waste Management — Satisfactory D-4 study Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Existing Zoning Schedule 4: Applicants Site Plan Schedule 5: Applicants Elevation and Floorplan Schedule 6: Proposed By-law Conclusion: Planning Staff recommends that Zoning By-Law Amendment Application 2023-ZBA-02 be approved, specifically to permit the construction of a single detached dwelling and a detached accessory building with an increase in height and floor area, on lands municipally known as 529 Mount St Louis Road West, on the basis that the application 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 April 26, 2023 Derek Witlib, Acting Director, Development Services April 27, 2023 Development Services May 3, 2023 Report No. DS2023-009 Page 6 of 13 Page 312 of 322 Ta) DS2023-009, Danielle Waters, Planner re- 2023-ZBA-02, Level Design ... Schedule 1: Location Map —V.-y-Rd.— 4713 -Maa nztonen 11-1--hee.V a ll ey R d--� Old same Rd. 4640 `ti Ridge�ft°�d Mount St.Louis Rd.W. 595 563 545 537 513 509 503 495 4612 4598 4590 4580 Z u) 4576 4573 J 4568 4562 4552 4540 Location ® Subject Lands T, hi. of/ Proud Heritage,Exciting Future /r 0 100 rn File Number.2023-7BA-02 Development Services May 3, 2023 Report No. DS2023-009 Page 7 of 13 Page 313 of 322 Ta) DS2023-009, Danielle Waters, Planner re- 2023-ZBA-02, Level Design ... Schedule 2: Aerial Photo —VaseV'ftd— -Moons—,,Rd— Me eshoeValEey-Rd� UNNIF Dld.garrieRd� - ,z Mount St.,Louis 563 545-. 537 5i8 509 563 495 4612 4590 -� 4576 i i 4562 4552 Aerial Photo �oumsr�t�� Subject Lands Pruad Heritage,Exciting Future 0 100 M File Number 2023-ZBA-02 Ili l lI I Development Services May 3, 2023 Report No. DS2023-009 Page 8 of 13 Page 314 of 322 Ta) DS2023-009, Danielle Waters, Planner re- 2023-ZBA-02, Level Design ... Schedule 3: Existing Zoning .Moans.[one/Rd.�\\ Ps Horseshoe-Valley-Rd. - Old-4arrl e•Rd� r C. a � I ''%Ridg jI AIRU AIRU I Mount St.Louis Rd.W. e a m m m w rc z c i I Z Ui AIRU-96 E AIRU a J AIRU Existing Zoning 3 Subject Lands WD(Waste Disposal) Township o~ A/RU(Agricultural/Rural) Proud Heritage,Exciting Future 0 300 Meters File Number:2022-ZBA-13 N I I Development Services May 3, 2023 Report No. DS2023-009 Page 9 of 13 Page 315 of 322 Ta) DS2023-009, Danielle Waters, Planner re- 2023-ZBA-02, Level Design ... Schedule 4: Applicant's Site Plan iINDICATES EXISTING VACANTLAND LINE INDICATES TOPOGRAPHIC RECOMMENDED tOln NOTE.ENTIRE LOT AREA CONTOUR LINES WOODLAND BUFrCR COVERED BY EMS DING PROPERTY BOUNDARY! VEGETATION I PROPOSED LOCATION LAND$USIECT TO ZONING OF DRIVEWAY BYLAWAMENOMENT h 1 1 PROPOSE©EXTENT OF I 1 VEGETATION REMOVAL I L I PROPOSED FUTURE ACCESSORY BUILDING(75W I FOOTPRINT,2$TORIES) 1 LO 1 t , PI3gPq$ED SINGL L OETdCHEODWELLING I11.WFOOTPRINT..2 STORIES 9 Q 328 m 326 m VA In 322 m —� 16 m 316 m / E%TENTOF$IGNFICANT APPROX.EXISTING n WOODED AREA(MJRF(AS DRIVEWAY LOCATION �� INDICATED ONEIS REPORT In4' OUSTING 1 RESIDENCE ---------------------------------- SCHEMATIC SITE PLAN SCALES 3+88'=1'-9 SITE INFORMATION ZONED; A I RU(AGRICULTURAL!RURAL) LOTAREA F.".8 sf(0.Zd5hs� PROPOSED LOT CLEARING: •1-50% N" Tw Site Plan C1 T� I Proud Heritaze, Exdtir{q FoRwre File Number:2023-ZBA-02 Development Services May 3, 2023 Report No. DS2023-009 Page 10 of 13 Page 316 of 322 Ta) DS2023-009, Danielle Waters, Planner re- 2023-ZBA-02, Level Design ... Schedule 5: Applicant's Detached Accessory Building Elevation LL {i SIDESECTI�P1 26 HNCK SECTIClN 3S 32 24' ExiEM10R.FR6MT ELEVATIQ'! EKT€RI6R 916E 1 E4EVAT16M Scale.lR'•I' �Sme.'.IV$"�1' TUi/'=J" U!O Il Proud Heritage.,Exciting Future File Number:2023-ZBA-02 Development Services May 3, 2023 Report No. DS2023-009 Page 11 of 13 Page 317 of 322 Ta) DS2023-009, Danielle Waters, Planner re: 2023-ZBA-02, Level Design ... Schedule 6: Proposed By-law The Corporation of the Township Of Oro-Medonte By-Law No. 2023-018 A By-law to amend the zoning provisions which apply to lands at Concession 5 East Part Lot 10 (Medonte) Township of Oro-Medonte 2023-ZBA-02 (Level Designs Inc) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered o pass By-laws to regulate the use of land pursuant to Sections 34 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule `A20' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part 10, Concession 5 East, Geographic Township of Medonte, Township of Oro-Medonte, County of Simcoe, from the Agricultural/Rural Zone Exception 96 (A/RU*96) Zone to the Agricultural/Rural Zone Exception 340 (A/RU*340)Zone, as shown on Schedule "A" attached and forming part of this By-law. 2. Section 7.0— is hereby further amended by adding the following subsection: 7.340 *340 Concession 5 East, Part Lot 10 (Medonte) [By-law 2023-018] Notwithstanding any other provision of this By-law, all permitted uses in the Agricultural/Rural Zone shall be permitted on the lands shown by symbol *340 on the schedule to this By-law, including: a) Single detached dwelling;and b) One (1) detached accessory building with a maximum gross floor area of 150 square metres, and a maximum height of 6.5 metres. Notwithstanding any other provision of this By-law, the minimum required rear yard to all buildings or structures is 20.0 metres (65.6 feet)" 3. Schedule "A" attached to By-law No. 2023-018 is declared to form a part of this By- law. 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-Law read a First, Second and Third Time, and Passed this 3rd day of May, 2023. The Corporation of the Township of Oro-Medonte Development Services May 3, 2023 Report No. DS2023-009 Page 12 of 13 Page 318 of 322 7.a) DS2023-009, Danielle Waters, Planner re: 2023-ZBA-02, Level Design ... Schedule 'A' To By-Law No. 2023-018 The Corporation of the Township of Oro-Medonte CON 5 E PT LOT 10 (Medonte) Township of Oro-Medonte County of Simcoe Mount St._Lou_is Rd.W. LF I I z di d C J M Subject Lands Lands to be rezoned from A/RU*96 to A/RU*340. This is Schedule 'A' to By-Law 2023-018 passed the 31d day of May, 2023 Development Services May 3, 2023 Report No. DS2023-009 Page 13 of 13 Page 319 of 322 7.b) ES2023-06, Michelle Jakobi, Director, Environmental Services and Da... Township of Report 0 Fraud Heritage, Exciting Future Report No. To: Prepared By: ES2023-06 Development Services Michelle Jakobi Committee Director, Environmental Services and Dave Saunders, Manager, Development Engine rin Meeting Date: Subject: Motion # May 3 2023 Ministry of the Environment, Roll #: Conservation and Parks; R.M.S. File #: Municipal Class Environmental Assessment Process Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. ES2023-06, Ministry of the Environment, Conservation and Parks; Municipal Class Environmental Assess Process, be received. Background: On April 12, 2023 Council adopted Motion No. C230412: "Be it resolved that the correspondence from Ministry of the Environment, Conservation and Parks and presented by Deputy Mayor Lavoie, re: Environmental Registry Notice be received and referred to staff for a report." The above-noted motion was regarding Environmental Registry Notice 019-6693 related to amendments to the Municipal Class Environmental Assessment (MCEA) process. The referenced Ministry of the Environment, Conservation and Parks (MECP) amendments to the Municipal Class Environment Assessment have been publicly described in the Environmental Registry Notice as intending to better align assessment requirements with potential environmental impacts, including conditional exemptions for certain low-risk projects. Environmental Services May 3, 2023 Report No. ES2023-06 Page 1 of 3 Page 320 of 322 7.b) ES2023-06, Michelle Jakobi, Director, Environmental Services and Da... This report represents Staff's follow-up on the matter pursuant to Motion No. C230412 . Analysis: Township Staff confirm our collective technical understanding that the MECP amendments to the MCEA process, as posted on the Environmental Registry, is intended to modernize the historical environmental assessment process, and continue to protect the environment. The amendments, as posted, predominantly impact low-risk, routine municipal road, water and wastewater proiects; potentially reduce duplication and generally streamline projects while maintaining environmental oversight. More specifically, only various maintenance, operation, rehabilitation, and other small projects that are limited in scale and have minimal adverse environmental effects are potentially exempt from the MCEA process. As part of the amendment process, the MCEP consulted on the proposed amendments with Indigenous communities, members of the public, government agencies and stakeholders. Following their consultation period, the MECP completed further technical review considering the comments provided. It is important to note that many of the specific amendments proposed by the Municipal Engineers Association were made by the MECP as part of the consultation process. Financial / Legal Implications / Risk Management: All bulletins and amendments to the MCEA process are found on the Environmental Registry website. Review of the amendments indicate that Municipal projects related to water and wastewater will continue to predominantly follow the applicable requirements of historical MCEA Schedule B or C projects (i.e., those projects related to increased capacity, construction of new facilities, expansion of facilities with land acquisition and development of entirely new systems). As such, the 2023 amendments to the MCEA process are not anticipated to significantly impact Municipal operations. Policies/Legislation: Environmental Assessment Act, R.S.O. 1990 Environmental Services May 3, 2023 Report No. ES2023-06 Page 2 of 3 Page 321 of 322 7.b) ES2023-06, Michelle Jakobi, Director, Environmental Services and Da... Corporate Strategic Goals: Prepare for our Future Foster Safe and Inclusive Community Living & Business Growth Modernize Township Services Support our Workforce Consultations: Director, Development Services Attachments: None Conclusion: Township Staff confirm our collective technical understanding that the MECP amendments to the MCEA process is intended to modernize the historical process and continues to protect the environment. Furthermore, the 2023 amendments to the MCEA process are not anticipated to significantly impact Municipal operations. Respectfully submitted: Michelle Jakobi, B.E.S., C.E.T. Director, Environmental Services David Saunders, B.E.S., C.E.T. Manager, Development Engineering Approvals: Date Robin Dunn, CAO April 28, 2023 Environmental Services May 3, 2023 Report No. ES2023-06 Page 3 of 3 Page 322 of 322